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Federal Register / Vol. 72, No.

42 / Monday, March 5, 2007 / Rules and Regulations 9675

and (d) and 21 CFR 10.40(d) and (e), the Dated: February 26, 2007. complete a review and revision of these
agency finds good cause to dispense Randall W. Lutter, maps prior to them becoming effective.
with notice and public procedure and to Associate Commissioner for Policy and Until FEMA completes their review
proceed to an immediately effective Planning. and revision of the aforementioned
regulation. Such notice and procedures [FR Doc. E7–3716 Filed 3–2–07; 8:45 am] FIRMs, and digital data base, the final
are unnecessary and are not in the BILLING CODE 4160–01–S flood elevation published in 71 FR
public interest, because the final rule is 60865, October 17, 2006 for the listed
merely codifying the new name and community is hereby withdrawn in
expanded function of the advisory accordance with section 110 of the
committee to reflect the current DEPARTMENT OF HOMELAND Flood Disaster Protection Act of 1973,
committee charter. SECURITY 42 U.S.C. 4104. Until further notice, the
release of the FIS and FIRM for the
List of Subjects in 21 CFR Part 14 Federal Emergency Management
listed communities has been postponed.
Administrative practice and Agency
procedure, Advisory committees, Color National Environmental Policy Act
additives, Drugs, Radiation protection. 44 CFR Part 67 This rule is categorically excluded
■ Therefore, under the Federal Food, from the requirements of 44 CFR part
[Docket No. FEMA–B–7456]
Drug, and Cosmetic Act and under 10, Environmental Consideration. No
authority delegated to the Commissioner Withdrawal of Final Flood Elevation environmental impact assessment has
of Food and Drugs, 21 CFR part 14 is Determination for Lexington/Fayette been prepared.
amended as follows: County, Kentucky and Incorporated Regulatory Flexibility Act
Areas
PART 14—PUBLIC HEARING BEFORE As flood elevation determinations are
A PUBLIC ADVISORY COMMITTEE AGENCY: Federal Emergency not within the scope of the Regulatory
Management Agency, DHS. Flexibility Act, 5 U.S.C. 601–612, a
■ 1. The authority citation for 21 CFR ACTION: Final rule; withdrawal. regulatory flexibility analysis is not
part 14 continues to read as follows: required.
Authority: 5 U.S.C. App. 2; 15 U.S.C. SUMMARY: The Federal Emergency
Regulatory Classification
1451–1461, 21 U.S.C. 41–50, 141–149, 321– Management Agency (FEMA) withdraws
394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 the final flood elevation determination This final rule is not a significant
U.S.C. 201, 262, 263b, 264; Pub. L. 107–109; published in 71 FR 60865, October 17, regulatory action under the criteria of
Pub. L. 108–155. 2006 for the Lexington/Fayette County, section 3(f) of Executive Order 12866 of
■ 2. Section 14.100 is amended by Kentucky and Incorporated Areas, September 30, 1993, Regulatory
revising the heading of paragraph (c)(16) hereafter referred to as ‘‘LFC’’. A final Planning and Review, 58 FR 51735.
and paragraph (c)(16)(ii) to read as flood elevation determination will be Executive Order 13132, Federalism
follows: made at a later date.
This rule involves no policies that
DATES: Effective Date: This rule is
§ 14.100 List of standing advisory have federalism implications under
committees. effective March 5, 2007. Executive Order 13132.
* * * * * FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering Executive Order 12988, Civil Justice
(c) * * *
(16) Advisory Committee for Management Section, Mitigation Reform
Pharmaceutical Science and Clinical Division, Federal Emergency This rule meets the applicable
Pharmacology. Management Agency, 500 C Street, SW., standards of Executive Order 12988.
Washington, DC 20472, (202) 646–3151.
List of Subjects in 44 CFR Part 67
(i) * * * SUPPLEMENTARY INFORMATION: On July
(ii) Function: The committee shall 17, 2006, FEMA issued a letter to LFC Administrative practice and
provide advice on scientific, clinical finalizing the flood elevation procedure, Flood insurance, Reporting
and technical issues related to safety determinations. In addition, the July 17, and recordkeeping requirements.
and effectiveness of drug products for 2006 letter established a January 17, ■ Accordingly, 44 CFR part 67 is
use in the treatment of a broad spectrum 2007 effective date for the Flood amended as follows:
of human diseases, the quality Insurance Study (FIS) and Flood
characteristics which such drugs Insurance Rate Map (FIRM) for the PART 67—[AMENDED]
purport or are represented to have and listed community. The reason for this ■ 1. The authority citation for part 67
as required, any other product for which rescission is to allow FEMA to complete continues to read as follows:
the Food and Drug Administration has a thorough review and revision of the
regulatory responsibility, and make Authority: 42 U.S.C. 4001 et seq.;
preliminary maps in light of recent Reorganization Plan No. 3 of 1978, 3 CFR,
appropriate recommendations to the identification of potential errors in the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
Commissioner of Food and Drugs. The FIRMs. Contradictions have been 3 CFR, 1979 Comp., p. 376.
Committee may also review agency identified in some areas between the
sponsored intramural and extramural printed maps and the digital data base § 67.11 [Amended]
biomedical research programs in that supports the maps. There are also ■ 2. The tables published under the
support of FDA’s drug regulatory questions concerning the locations of authority of § 67.11 are amended to
responsibilities and its critical path stream cross sections on the maps. withdraw the following:
initiatives related to improving the These discrepancies could lead to The final flood elevation
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efficacy and safety of drugs and incorrect interpretation of the flood risk determination published in 71 FR
improving the efficiency of drug portrayed in the maps, or even incorrect 60865, October 17, 2006 for the
development. flood insurance determinations. Due to Lexington/Fayette County, Kentucky
* * * * * these issues, it is prudent for FEMA to and Incorporated Areas.

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9676 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations

Dated: February 22, 2007. SUPPLEMENTARY INFORMATION: NMFS recent, relevant data only became
David I. Maurstad, manages the groundfish fishery in the available as of February 27, 2007.
Director, Mitigation Division, Federal GOA exclusive economic zone The AA also finds good cause to
Emergency Management Agency, Department according to the Fishery Management waive the 30–day delay in the effective
of Homeland Security. Plan for Groundfish of the Gulf of date of this action under 5 U.S.C.
[FR Doc. E7–3724 Filed 3–2–07; 8:45 am] Alaska (FMP) prepared by the North 553(d)(3). This finding is based upon
BILLING CODE 9110–12–P Pacific Fishery Management Council the reasons provided above for waiver of
under authority of the Magnuson- prior notice and opportunity for public
Stevens Fishery Conservation and comment.
DEPARTMENT OF COMMERCE Management Act. Regulations governing Without this inseason adjustment,
fishing by U.S. vessels in accordance NMFS could not allow the fishery for
National Oceanic and Atmospheric with the FMP appear at subpart H of 50 pollock in Statistical Area 630 of the
Administration CFR part 600 and 50 CFR part 679. GOA to be harvested in an expedient
NMFS closed the directed fishery for manner and in accordance with the
50 CFR Part 679 pollock in Statistical Area 630 of the regulatory schedule. Under
GOA under § 679.20(d)(1)(iii) on § 679.25(c)(2), interested persons are
[Docket No. 070213032–7032–01; I.D. January 22, 2007 (72 FR 2793, January
022807A] invited to submit written comments on
23, 2007). The fishery was subsequently this action to the above address until
Fisheries of the Exclusive Economic reopened on February 6, 2007 and March 15, 2007.
Zone Off Alaska; Pollock in Statistical closed on February 8, 2007 (72 FR 5346, This action is required by § 679.25
Area 630 of the Gulf of Alaska February 6, 2007), reopened on and § 679.20 and is exempt from review
February 12, 2007 and closed on under Executive Order 12866.
AGENCY: National Marine Fisheries February 14, 2007 (72 FR 7353,
Authority: 16 U.S.C. 1801 et seq.
Service (NMFS), National Oceanic and February 15, 2007), and reopened on
Atmospheric Administration (NOAA), February 20, 2007 and closed on Dated: February 28, 2007.
Commerce. February 22, 2007 (72 FR 8132, James P. Burgess,
ACTION: Temporary rule; modification of February 23, 2007). Acting Director, Office of Sustainable
a closure. NMFS has determined that Fisheries, National Marine Fisheries Service.
approximately 2,850 mt of pollock [FR Doc. 07–988 Filed 2–28–07; 12:48 pm]
SUMMARY: NMFS is reopening directed remain in the directed fishing allowance BILLING CODE 3510–22–S
fishing for pollock in Statistical Area in Statistical Area 630 of the GOA.
630 of the Gulf of Alaska (GOA) for 24 Therefore, in accordance with
hours. This action is necessary to fully § 679.25(a)(1)(i), (a)(2)(i)(C) and DEPARTMENT OF COMMERCE
use the A season allowance of the 2007 (a)(2)(iii)(D), and to fully utilize the A
total allowable catch (TAC) of pollock season allowance of the 2007 TAC of National Oceanic and Atmospheric
specified for Statistical Area 630 of the pollock in Statistical Area 630, NMFS is Administration
GOA. terminating the previous closure and is
DATES: Effective 1200 hrs, Alaska local reopening directed fishing for pollock in 50 CFR Part 679
time (A.l.t.), March 1, 2007, through Statistical Area 630 of the GOA. In
[Docket No.070213032–7032–01; I.D.
1200 hrs, A.l.t., March 2, 2007. accordance with § 679.20(d)(1)(iii), the 112206B]
Comments must be received at the Regional Administrator finds that this
following address no later than 4:30 directed fishing allowance will be Fisheries of the Exclusive Economic
p.m., A.l.t., March 15, 2007. reached after 24 hours. Consequently, Zone Off Alaska; Gulf of Alaska; 2007
NMFS is prohibiting directed fishing for and 2008 Final Harvest Specifications
ADDRESSES: Send comments to Sue
pollock in Statistical Area 630 of the for Groundfish
Salveson, Assistant Regional
GOA after the 24 hours, effective 1200
Administrator, Sustainable Fisheries AGENCY: National Marine Fisheries
hrs, A.l.t., March 2, 2007.
Division, Alaska Region, NMFS, Attn: Service (NMFS), National Oceanic and
Ellen Sebastian. Comments may be Classification Atmospheric Administration (NOAA),
submitted by: This action responds to the best Commerce.
• Mail to: P.O. Box 21668, Juneau, AK available information recently obtained ACTION: Final rule; closures.
99802; from the fishery. The Assistant
• Hand delivery to the Federal Administrator for Fisheries, NOAA SUMMARY: NMFS announces 2007 and
Building, 709 West 9th Street, Room (AA), finds good cause to waive the 2008 final harvest specifications,
420A, Juneau, Alaska; requirement to provide prior notice and reserves and apportionments thereof,
• FAX to 907–586–7557; opportunity for public comment Pacific halibut prohibited species catch
• E-mail to 630pollock2@noaa.gov pursuant to the authority set forth at 5 (PSC) limits, and associated
and include in the subject line of the e- U.S.C. 553(b)(B) and 679.25(c)(1)(ii) as management measures for the
mail comment the document identifier: such requirement is impracticable and groundfish fishery of the Gulf of Alaska
‘‘g63plkro4’’ (E-mail comments, with or contrary to the public interest. This (GOA). This action is necessary to
without attachments, are limited to 5 requirement is impracticable and establish harvest limits and associated
megabytes); or contrary to the public interest as it management measures for groundfish
• Webform at the Federal would prevent NMFS from responding during the 2007 and 2008 fishing years
eRulemaking Portal: http:// to the most recent fisheries data in a and to accomplish the goals and
www.regulations.gov. Follow the timely fashion and would delay the objectives of the Fishery Management
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instructions at that site for submitting opening of pollock in Statistical Area Plan for Groundfish of the Gulf of
comments. 630 of the GOA. NMFS was unable to Alaska (FMP). The intended effect of
FOR FURTHER INFORMATION CONTACT: Josh publish a notice providing time for this action is to conserve and manage
Keaton, 907–586–7228. public comment because the most the groundfish resources in the GOA in

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