Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Rules and Regulations 65667

I 2. In § 558.500, in the table in § 558.500 Ractopamine. paragraph (e)(2), revise paragraphs * * * * * (e)(2)(ii) and (e)(2)(vii) to read as (e) * * * follows: (2) * * *

Ractopamine grams/ton Combination grams/ton Indications for use Limitations Sponsor

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(ii) 8.2 to 24.6 Monensin 10 to 40 to provide 0.14 Cattle fed in confinement for slaugh- As in paragraph (e)(2)(i) 000986 to 0.42 mg monensin/lb of body ter: As in paragraph (e)(2)(i) of of this section; see weight, depending on severity of this section; for prevention and paragraph coccidiosis challenge, up to 480 control of coccidiosis due to §§ 558.355(d) of this mg/head/day Eimeria bovis and E zuernii. chapter.

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(vii) 9.8 to 24.6 Monensin 10 to 40 to provide 0.14 Cattle fed in confinement for slaugh- As in paragraph 000986 to 0.42 mg monensin/lb of body ter: As in paragraph (e)(2)(vi) of (e)(2)(vi) of this sec- weight, depending on severity of this section; for prevention and tion; see paragraph coccidiosis challenge, up to 480 control of coccidiosis due to §§ 558.355(d) of this mg/head/day Eimeria bovis and E zuernii. chapter.

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Dated: November 8, 2007. SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Bernadette Dunham, Background Deputy Director, Center for Veterinary Department of the Army, Corps of Medicine. The temporary regulations that are the Engineers [FR Doc. E7–22882 Filed 11–21–07; 8:45 am] subject of this correction are under 33 CFR Part 334 BILLING CODE 4160–01–S section 6033 of the Internal Revenue Code. Department of the Navy, Chesapeake Need for Correction Bay, in Vicinity of Bloodsworth Island, DEPARTMENT OF THE TREASURY MD As published, the temporary Internal Revenue Service AGENCY: regulations (TD 9366) contain an error Army Corps of Engineers, Department of Defense. 26 CFR Part 1 that may prove to be misleading and is in need of clarification. ACTION: Final rule. [TD 9366] Correction of Publication SUMMARY: The Corps of Engineers is RIN 1545–BG38 amending its regulations to modify an Accordingly, the publication of the existing danger zone, in waters of the Notification Requirement for Tax- temporary regulations (TD 9366), which United States in the vicinity of Exempt Entities Not Currently was the subject of FR Doc. E7–22299, is Bloodsworth Island, Maryland. The Required to File; Correction corrected as follows: amendment reflects the current AGENCY: Internal Revenue Service (IRS), On page 64149, column 1, second operational and safety procedures at the Treasury. paragraph of the column, in the Bloodsworth Island Range and highlights a change in the enforcement ACTION: Correction to temporary preamble, under the paragraph heading authority from the Commander, Naval regulations. ‘‘Organizations Required To File Returns or Submit Electronic Notice’’, Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent SUMMARY: This document contains a line 5, the language ‘‘an organization River, Maryland. The regulations are correction to temporary regulations (TD exemption from’’ is corrected to read necessary to safeguard United States 9366) that was published in the Federal ‘‘an organization exempt from’’. Register on Thursday, November 15, Navy vessels and United States 2007 (72 FR 64147) describing the time LaNita Van Dyke, Government facilities/installations from and manner in which certain tax- Chief, Publications and Regulations Branch, sabotage and other subversive acts, exempt organizations not currently Legal Processing Division, Associate Chief accidents, or incidents of a similar required to file an annual information Counsel (Procedure and Administration). nature. These regulations are also return under section 6033(a)(1) are [FR Doc. E7–22892 Filed 11–21–07; 8:45 am] necessary to protect the public from potentially hazardous conditions which required to submit an annual electronic BILLING CODE 4830–01–P notice including certain information may exist as a result from use of the required by section 6033(i)(1)(A) areas by the . through (F). DATES: Effective Date: December 24, DATES: The correction is effective 2007. November 23, 2007. ADDRESSES: U.S. Army Corps of FOR FURTHER INFORMATION CONTACT: Engineers, Attn: CECW–CO (David B. Monice Rosenbaum at (202) 622–6070 Olson), 441 G Street, NW., Washington, (not a toll-free number). DC 20314–1000.

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FOR FURTHER INFORMATION CONTACT: Mr. listed at the end of FOR FURTHER prohibited area described in paragraph David Olson, Headquarters, U.S. Army INFORMATION CONTACT, above. (a)(1) of this section. Corps of Engineers, Operations and d. Unfunded Mandates Act. This rule (b) The regulations. (1) No person, Regulatory Community of Practice, does not impose an enforceable duty vessel or other craft shall approach Washington, DC at 202–761–4922, or among the private sector and, therefore, closer than 75 yards to the beaches, Mr. Steve Elinsky, U.S. Army Corps of it is not a Federal private sector shoreline, or piers of Bloodsworth Engineers, Baltimore District, mandate and it is not subject to the Island, Pone Island, Northeast Island, Regulatory Branch, at 410–962–4503. requirements of either Section 202 or Adams Island, or any Patuxent River SUPPLEMENTARY INFORMATION: Pursuant Section 205 of the Unfunded Mandates Naval Air Station property at any time to its authorities in Section 7 of the Act. We have also found under Section unless authorized to do so by the Rivers and Harbors Act of 1917 (40 Stat. 203 of the Act, that small governments enforcing agency. No person, vessel or 266; 33 U.S.C. 1) and Chapter XIX of the will not be significantly and uniquely other craft shall approach rafts, barges, Army Appropriations Act of 1919 (40 affected by this rulemaking. or platforms closer than 100 yards. Stat. 892; 33 U.S.C. 3), the Corps is e. Submission to Congress and the (2) No person, vessel, or other craft amending the danger zone regulations at General Accountability Office. Pursuant shall enter or remain in the danger zone 33 CFR 334.190 to reflect current to Section 801(a)(1)(A) of the when notified by the enforcing authority operational and safety procedures at the Administrative Procedure Act, as to keep clear. Any watercraft under way Bloodsworth Island Range and highlight amended by the Small Business or at anchor, upon being so warned, a change in the enforcement authority Regulatory Enforcement Fairness Act of shall immediately vacate the area and from the Commander, Naval Base 1996, the Corps has submitted a report shall remain outside the area until Norfolk, Virginia to the Commander, containing this rule to the U.S. Senate, conclusion of potentially hazardous test Naval Air Station Patuxent River, the U.S. House of Representatives, and or training events. Maryland. The amendment provides the Comptroller General of the General (3) The area will be in use more detailed times, dates, and extents Accountability Office. This rule is not a intermittently throughout the year. of restrictions. major rule within the meaning of (4) Prior to the commencement of any The proposed rule was published in Section 804(2) of the Administrative potentially hazardous test or training the Federal Register on February 26, Procedure Act, as amended. event that requires clearing of non- 2007 (72 FR 8325). No comments were participant boats from the danger zone, List of Subjects in 33 CFR Part 334 received in response to the proposed surface or air search of the entire area rule. Danger zones, Marine safety, will be made for the purpose of locating Navigation (water), Restricted areas, and warning all craft and persons not Procedural Requirements Waterways. connected with the test or training a. Review under Executive Order I For the reasons set out in the event, and a patrol will be maintained 12866. This rule is issued with respect preamble, the Corps amends 33 CFR throughout the duration of the event. to a military function of the Defense part 334 as follows: (5) All persons, vessels, or other craft Department and the provisions of shall clear the area when warned by Executive Order 12866 do not apply. PART 334—DANGER ZONE AND patrol vessels. b. Review under the Regulatory RESTRICTED AREA REGULATIONS (6) Patrol vessels will provide Flexibility Act. This rule has been I warning that a potentially hazardous reviewed under the Regulatory 1. The authority citation for 33 CFR test or training event is in progress or is Flexibility Act (Pub. L. 96–354) which part 334 continues to read as follows: about to commence; when so warned, requires the preparation of a regulatory Authority: 40 Stat. 266 (33 U.S.C. 1) and fishing or oystering vessels or other craft flexibility analysis for any regulation 40 Stat. 892 (33 U.S.C. 3). not directly connected with the event that will have a significant economic I 2. Section 334.190 is revised to read shall not navigate within the danger impact on a substantial number of small as follows: zone. Deep-draft vessels proceeding in entities (i.e., small businesses and small established navigation channels governments). The Corps determined § 334.190 Chesapeake Bay, in vicinity of normally will be permitted to traverse that the modification of this danger zone Bloodsworth Island, MD, U.S. Navy. the area upon coordination with range would have practically no economic (a) The areas—(1) Prohibited area. All patrol vessels. The patrol vessels will impact on the public, or result in no waters within a circle 0.5 miles in ensure safe separation between all non- anticipated navigational hazard or radius with its center at latitude participant vessels and potentially interference with existing waterway 38°10′00″, longitude 76°06′00″; hazardous operations. traffic. This rule will have no significant Bloodsworth Island, Pone Island, (7) When potentially hazardous economic impact on small entities. Northeast Island, and Adams Island. testing or training is not in progress or c. Review under the National (2) The danger zone. All waters of is not about to commence, oystering and Environmental Policy Act. Due to the Chesapeake Bay and Tangier Sound fishing boats and other craft may administrative nature of this action and within an area bounded as follows: operate within the danger zone. because there is no intended change in Beginning at latitude 38°08′15″, (8) All potentially hazardous test or the use of the area, the Corps longitude 76°10′00″; thence to latitude training events will be performed in determined that this rule will not have 38°12′00″, longitude 76°10′00″; thence such a way as to contain the hazard a significant impact to the quality of the to latitude 38°12′00″, longitude footprint to the established danger zone human environment and, therefore, 76°07′00″; thence to latitude 38°13′00″, described in paragraph (a) of this preparation of an environmental impact longitude 76°06′00″; thence to latitude section. Naval authorities will not be statement is not required. An 38°13′00″, longitude 76°04′00″; thence responsible for damage to nets, traps, environmental assessment with a to latitude 38°12′00″, longitude buoys, pots, fish pounds, stakes, or Finding of No Significant Impact has 76°02′00″; thence to latitude 38°12′00″, other equipment that may be located been prepared for this action in longitude 76°00′00″; thence to latitude within the danger zone. accordance with applicable regulations. 38°08′15″, longitude 76°00′00″; thence (9) Nothing in this regulation shall be It may be reviewed at the District office to the point of beginning, excluding the intended to prevent the lawful use of

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approved waterfowl hunting blinds area in Kuluk Bay, Adak, Alaska. No will not be significantly and uniquely along the shorelines of Bloodsworth comments were received in response to affected by this rulemaking. Island range complex, provided that all the proposed rule. e. Submission to Congress and the necessary licenses and permits have Pursuant to its authorities in Section General Accountability Office. Pursuant been obtained from the Maryland 7 of the Rivers and Harbors Act of 1917 to Section 801(a)(1)(A) of the Department of Natural Resources and (40 Stat. 266; 33 U.S.C.1) and Chapter Administrative Procedure Act, as the completed copy of the permit has XIX, of the Army Appropriations Act of amended by the Small Business been submitted to the Conservation 1919 (40 Stat. 892; 33 U.S.C.3), the Regulatory Enforcement Fairness Act of Division Director at NAS Patuxent Corps is amending the restricted area 1996, the Corps has submitted a report River. Waterfowl hunters must observe regulations in 33 CFR 334 by adding all warnings and range clearances, as § 334.1325 as a restricted area within containing this rule to the U.S. Senate, noted herein. Kuluk Bay, Adak, Alaska as described the U.S. House of Representatives, and (10) The regulations in this section below. The restricted area is completely the Comptroller General of the General shall be enforced by the Commander, within an existing restricted area for the Accountability Office. This rule is not a Naval Air Station Patuxent River, United States Navy in Kuluk Bay, Adak, major rule within the meaning of Maryland, and such agencies as he/she Alaska, which was established at 33 section 804(2) of the Administrative may designate. CFR 334.1320 and designated on NOAA Procedure Act, as amended. Dated: November 16, 2007. chart 16475. List of Subjects in 33 CFR Part 334 Lawrence A. Lang, Procedural Requirements Deputy, Operations, Directorate of Civil Danger zones, Marine safety, Works. a. Review under Executive Order Navigation (water), Restricted areas, 12866. This rule is issued with respect [FR Doc. E7–22845 Filed 11–21–07; 8:45 am] Waterways. to a military function of the Defense BILLING CODE 3710–92–P Department and the provisions of I For the reasons set out in the Executive Order 12866 do not apply. preamble, the Corps amends part 334 as follows: DEPARTMENT OF DEFENSE b. Review under the Regulatory Flexibility Act. This rule has been Department of the Army, Corps of reviewed under the Regulatory PART 334—DANGER ZONE AND Engineers Flexibility Act (Pub. L. 96–354) which RESTRICTED AREA REGULATIONS requires the preparation of a regulatory I 33 CFR Part 334 flexibility analysis for any regulation 1. The authority citation for 33 CFR that will have a significant economic part 334 continues to read as follows: Restricted Area, impact on a substantial number of small Authority: 40 Stat. 266 (33 U.S.C. 1) and Kuluk Bay, Adak, AK entities (i.e., small businesses and small 40 Stat. 892 (33 U.S.C. 3). governments). The Corps has AGENCY: U.S. Army Corps of Engineers, determined that the establishment of I 2. Add § 334.1325 to read as follows: DoD. this restricted area would have ACTION: Final rule. practically no economic impact on the § 334.1325 United States Army Restricted Area, Kuluk Bay, Adak, Alaska. SUMMARY: The Corps of Engineers is public and no anticipated navigational issuing a final rule establishing a hazard or interference with existing (a) The area. The area within a radius restricted area within Kuluk Bay, Adak, waterway traffic. Accordingly, the Corps 1,000 yards around the Sea Base Radar Alaska. The purpose of this restricted certifies that this regulation will have no mooring site in all directions from area is to ensure the security and safety significant economic impact on small latitude 51°53′05.4″ N, longitude of the Sea Based Radar, its crew, and entities. 176°33′47.4″ W (NAD 83). c. Review under the National other vessels transiting the area. The (b) The regulation. (1) No vessel, Environmental Policy Act. Due to the restricted area is within an established person, or other craft shall enter or administrative nature of this action and moorage restriction area for the U.S. remain in the restricted area except as Navy. The restricted area will be marked because there is no intended change in the use of the area, the Corps has may be authorized by the enforcing on navigation charts to ensure security agency. and safety for the public. determined that this regulation will not DATES: Effective Date: December 24, have a significant impact to the quality (2) A ring of eight lighted and marked 2007. of the human environment and, navigation buoys marking the perimeter therefore, preparation of an of the mooring anchor system will ADDRESSES: U.S. Army Corps of environmental impact statement is not provide a visible distance reference at a Engineers, Attn: CECW–CO (David B. required. An environmental assessment radius of approximately 800 yards from Olson), 441 G Street, NW, Washington, has been prepared. It may be reviewed latitude 51°53′05.4″ N, longitude DC 20314–1000. at the district office listed at the end of 176°33′47.4″ W (NAD 83). Each buoy FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT, has a white light, flashing at 3 second David Olson, Headquarters, Operations above. intervals with a 2 nautical mile range. and Regulatory Community of Practice, d. Unfunded Mandates Act. This rule Vessels, persons or other craft must stay Washington, DC at (202) 761–4922, or does not impose an enforceable duty at least 200 yards outside the buoys. Mr. Leroy Phillips, Corps of Engineers, among the private sector and, therefore, Alaska District, Regulatory Branch, at it is not a Federal private sector (3) The regulation in this section shall (907) 753–2828. mandate and it is not subject to the be enforced by personnel attached to the SUPPLEMENTARY INFORMATION: In the July requirements of either Section 202 or Missile Defense Agency and/or by such 30, 2007, issue of the Federal Register Section 205 of the Unfunded Mandates other agencies as the Director, MDA– (72 FR 41470), the Corps published a Act. We have also found under Section AK, Fort Richardson, Alaska, may proposed rule to establish a restricted 203 of the Act, that small Governments designate.

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