November 2006 – Federal Register Recent Federal Regulation Documents

NMFS proposes to amend regulations governing the U.S. Atlantic swordfish fishery to enable a more thorough utilization of the U.S. North Atlantic swordfish quota. The U.S. North Atlantic swordfish quota is derived from the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). For the past several years, the U.S. Atlantic swordfish fishery has not fully harvested its available quota. The objective of this proposed action is to provide a reasonable opportunity for U.S. vessels to fully harvest the ICCAT-recommended U.S. North Atlantic swordfish quota, as specified in the Magnuson-Stevens Act, in recognition of the improved stock status of North Atlantic swordfish. This proposed rule would increase swordfish retention limits for Incidental swordfish permit holders, and modify recreational swordfish retention limits for HMS Charter/headboat and Angling category permit holders. The proposed rule would also modify HMS limited access vessel upgrading restrictions for pelagic longline (PLL) vessels. These actions are necessary to address persistent underharvests of the domestic swordfish quota, while continuing to minimize bycatch to the extent practicable, so that swordfish are harvested in a sustainable, yet economically viable manner.

DOT proposes to relocate the time zone boundary in Indiana to move Pulaski County from the Central Time Zone to the Eastern Time Zone. This action is taken at the request of the County Commissioners and the County Council. DOT requests comment on whether this change would serve the convenience of commerce, the statutory standard for a time zone change. Persons supporting or opposing the change should not assume that the change will be made merely because DOT is making the proposal. Our decision in the final rule will be made based on all of the information developed during the entire rulemaking proceeding.

We propose to revise Airworthiness Directive (AD) 2003-17-05, which applies to all Short Brothers & Harland Ltd. (Shorts) Models SC-7 Series 2 and SC-7 Series 3 airplanes. AD 2003-17-05 currently establishes a technical service life for these airplanes and allows you to incorporate modifications, inspections, and replacements of certain life limited items to extend the life limits of these airplanes. Since we issued AD 2003-17-05, Shorts Service Bulletin SB 51-51 was revised to Revision 8, dated July 5, 2006, and the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, issued an AD for the European Community to correct an unsafe condition for the specified product. AD 2003-17-05 contains conflicting information on the repetitive visual inspection requirement. Consequently, this proposed AD would retain the technical service life for these airplanes; would continue to allow modifications, inspections, and replacements of certain life limited items to extend the life limits of these airplanes; and would clarify the repetitive visual inspection requirement between one of the service bulletins and the maintenance program if an operator chooses to extend the life limit. The actions specified by this proposed AD are intended to clarify the inspection information to prevent failure of critical structure of the aircraft caused by fatigue.

Pursuant to its authority under the Susquehanna River Basin Compact, Pub. L. 91-575, 84 Stat. 1509 et seq. (the ``Compact'') and its Regulations for Review of Projects, 18 CFR parts 803, 804 and 805, the SRBC will hold a public hearing to consider approval of certain water resources projects listed below, including two projects involving diversions, at its meeting to be held on December 5, 2006 at the Radisson Penn Harris Hotel and Convention Center, 1150 Camp Hill By- Pass, Camp Hill, Pa. 17011, beginning at 1 p.m. Also to be considered as part of this same public hearing will be (1) A final rule making action (see proposed rules, Federal Register, July 7, 2006, page 38692), (2) incorporation of the final rule making action into the SRBC Comprehensive Plan for Management and Development of the Water Resources of the Susquehanna River Basin; and (3) a revision of the Commission's current project fee schedule to make certain annual adjustments to that schedule and to conform the fee schedule to the final rule making action. Opportunity to appear and comment: Interested parties may appear at the above hearing to offer written or oral comments to the Commission on the listed projects or the other matters to be schedule for action at the hearing. Written comments may also be submitted to the electronic and regular mail addresses listed below. The chair of the Commission reserves the right to limit oral statements at the hearing in the interest of time and to otherwise control the course of the hearing.

This final rule sets forth requirements for how hospitals must notify Medicare beneficiaries who are hospital inpatients about their hospital discharge rights. Notice is required both for original Medicare beneficiaries and for beneficiaries enrolled in Medicare Advantage (MA) plans and other Medicare health plans subject to the MA regulations. (For purposes of this preamble, these entities will collectively be known as ``Medicare health plans''). Hospitals will use a revised version of the Important Message from Medicare (IM), an existing statutorily required notice, to explain the discharge rights. Hospitals must issue the IM within 2 days of admission, and must obtain the signature of the beneficiary or his or her representative. Hospitals will also deliver a copy of the signed notice prior to discharge, but not more than 2 days before the discharge. For beneficiaries who request an appeal, the hospital will deliver a more detailed notice.

This Treasury decision establishes the Shawnee Hills viticultural area in the Shawnee National Forest region of southern Illinois. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

NMFS proposes 2007 specifications for the Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The intent of these specifications is to establish the allowable 2007 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the stock rebuilding program in Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP).

The Federal Energy Regulatory Commission is issuing an order on rehearing and clarification of Long-Term Firm Transmission Rights in Organized Electricity Markets, Order No. 681, 71 FR 43564 (Aug. 1, 2006). The order on rehearing denies rehearing and upholds Order No. 681 in all respects, and grants certain limited clarifications.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by Texas on October 4, 2001. The revisions pertain to Reid Vapor Pressure (RVP) requirements for gasoline. The revisions add exemptions to RVP requirements for research laboratories and academic institutions, competition racing, and gasoline that is being stored or transferred that is not used in the affected counties. The revisions also reduce record keeping requirements for retail gasoline dispensing outlets in the affected counties, and correct a typographical error. We are proposing approval of the revisions pursuant to section 110 and part D of the Federal Clean Air Act.

The State of Colorado has applied for final approval of its Underground Storage Tank (UST) Program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Colorado's application and made the tentative decision that the State's UST program satisfies all requirements necessary to qualify for final approval.

The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) has deliberated and voted to change the name of the JWOD Program to the AbilityOne Program. The name of the program is being changed to AbilityOne to give a stronger, more unified identity to the program and to show a connection between the program name and the abilities of those who are blind or have other severe disabilities.

This proposed rule would modify Medicare regulations to implement a provision of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 pertaining to the use of repayment plans (also known as extended repayment schedules or ``ERS''). Under this provision, we propose to grant a provider or a supplier an extended repayment schedule under certain terms and conditions as defined in the statute. The proposed rule would establish criteria and procedures to apply this requirement and to define the concepts of ``hardship'' and ``extreme hardship.''

This action amends Jet Route 510 (J-510), and Colored Federal Airways Amber 2 (A-2), Amber 15 (A-15), and Green 8 (G-8), Alaska. Specifically, the FAA is re-designating J-510 as J-512 because of duplication with a Canadian Jet Route number, causing problems with the Flight Data processors during route validation at the Anchorage Air Route Traffic Control Center. Additionally, portions of A-2, and A-15, and G-8 are discontinuous between fixes, causing flight processing software problems, and will be re-designated.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 767 airplanes. This AD requires repetitive detailed and high frequency eddy current (HFEC) inspections of the station (STA) 1809.5 bulkhead for cracking and corrective actions if necessary. This AD results from fatigue cracks found in the forward outer chord and horizontal inner chord at STA 1809.5. We are issuing this AD to detect and correct cracking in the bulkhead structure at STA 1809.5, which could result in failure of the bulkhead structure for carrying the flight loads of the horizontal stabilizer, and consequent loss of controllability of the airplane.

This document provides supplemental notice regarding a proposal to amend the Department of Veterans Affairs (VA) Loan Guaranty regulations related to several aspects of the servicing and liquidating of guaranteed housing loans in default, and submission of guaranty claims by loan holders. It provides specific information regarding the computer-based system that VA proposes to implement as part of the loan servicing and claims procedure modifications in this rulemaking. VA is reopening the comment period for the limited purpose of accepting public comments concerning the supplemental information provided in this notice.

Pursuant to Section 1402 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), this final rule establishes a policy for the use of high-visibility safety apparel. The FHWA establishes a new Part in title 23, Code of Federal Regulations (CFR) that requires the use of high-visibility safety apparel and provides guidance on its application. This rulemaking applies only to workers who are working within the rights- of-way of Federal-aid highways. The FHWA is taking this action to decrease the likelihood of fatalities or injuries to workers on foot who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction vehicles or equipment while working within the rights-of-way of Federal-aid highways.

EPA is taking direct final action to make a technical correction to the emission guidelines and new source performance standards (NSPS) for other solid waste incineration (OSWI) units. We are correcting the averaging time for measuring opacity.

EPA is approving the section 111(d) Plan submitted by City of Albuquerque (Bernalillo County), New Mexico, on May 24, 2006, to implement and enforce the Emission Guidelines (EG) for existing Municipal Solid Waste (MSW) Landfills. The EG require delegated municipalities to develop plans to reduce landfill gas emissions from all MSWs. Finally, this action also approves the concomitant delegation of authority to implement 40 CFR part 60, subparts WWW and Cc.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2006 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to reflect changes to the AG ``Control List of Biological Agents'' by revising the Commerce Control List (CCL) entry that controls certain human and zoonotic pathogens and toxins to add certain fungi (i.e., Coccidioides immitis and Coccidioides posadasii) and toxins (i.e., Shiga-like ribosome inactivating proteins other than verotoxin). Verotoxin continues to be listed under this CCL entry. Prior to the publication of this rule, the fungi Coccidioides immitis and Coccidioides posadasii and Shiga-like ribosome inactivating proteins other than verotoxin were listed under the CCL entry containing unilaterally controlled select agents and toxins not included on any of the AG Common Control Liststhis rule removes these items from that CCL entry. As a result of the addition of Shiga-like ribosome inactivating proteins other than verotoxin to the CCL entry that controls certain human and zoonotic pathogens and toxins, this rule makes conforming changes to two additional CCL entries (i.e., the CCL entry that controls certain AG-listed genetic elements and genetically modified organisms and the CCL entry that controls vaccines, immunotoxins, medical products, and diagnostic and food testing kits). This rule also amends the EAR to reflect changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by expanding the scope of the CCL entry that controls certain chemical manufacturing facilities and equipment to include equipment in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from niobium (columbium) or niobium alloys. In addition, this final rule corrects errors in two CCL entries that were amended by a final rule that BIS published on December 29, 2004. This rule corrects a typographical error involving a Chemical Abstracts Service (CAS) registry number in the CCL entry that controls AG-listed precursor chemicals. This rule also corrects an error in the CCL entry that controls certain Chemical Weapons Convention (CWC) Schedule 2 or Schedule 3 chemicals not included on any of the AG Common Control Lists by removing the Schedule 3 chemical ethyldiethanolamine. The December 29, 2004, final rule added ethyldiethanolamine to the CCL entry that controls AG-listed precursor chemicals, but failed to remove it from the aforementioned entry. This rule also amends the EAR provisions describing AG-related license requirements and licensing policies to remind applicants that, even if an AG-related item is licensed by ``$ value'' (e.g., human and zoonotic pathogens and toxins, plant pathogens, genetic elements and genetically modified organisms, and select agents and toxins), the EAR still require that the unit of quantity commonly used in the trade be shown on the license application. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding the Central African Republic and Comoros, which recently became States Parties. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to these countries now conform with those applicable to other CWC States Parties.

This action changes the name of the using agency for Restricted Areas R-3008A, B, C, and D, Grand Bay Weapons Range, GA, from ``U.S. Air Force, 347th Rescue Wing, Moody AFB, GA'' to ``U.S. Air Force, 23rd Wing, Moody AFB, GA.'' As a result of the Base Realignment and Closure process, the 347th Rescue Wing was officially redesignated the 23rd Wing effective October 1, 2006. This is an administrative change that does not alter the boundaries, designated altitudes, time of designation, or activities conducted within the affected restricted areas.

This rule finalizes the first phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for certain United States citizens and nonimmigrant aliens entering the United States. As a result of this final rule, with limited exceptions discussed below, beginning January 23, 2007, all United States citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico departing from or entering the United States from within the Western Hemisphere at air ports-of-entry will be required to present a valid passport. This final rule differs from the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on August 11, 2006, by finalizing new documentation requirements for only travelers arriving in the United States by air. The portion of the NPRM that proposed changes in documentation requirements for travelers arriving by sea will not be finalized under this rule. Requirements for United States citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico departing from or entering the United States at land and sea ports-of-entry will be addressed in a separate, future rulemaking.

The Department of Energy (DOE) is commencing a rulemaking to amend the existing energy conservation standards for residential water heaters, direct heating equipment, and pool heaters. DOE will hold an informal public meeting to present its proposed methodologies for conducting this rulemaking, discuss issues relevant to the rulemaking proceeding, and initiate stakeholder interaction and the data collection process. DOE is also interested in identifying information that will assist it in establishing amended standards for these products. DOE encourages written comments on these subjects. This effort is the result of provisions in the Energy Policy and Conservation Act (EPCA) directing the Secretary of Energy (``Secretary'') to publish rules to determine whether the energy conservation standards for such products should be amended. To inform stakeholders and to facilitate this process, DOE has prepared a Framework Document, a draft of which is available at https:// www.eere.doe.gov/building/appliancestandards.

This proposed rule would modify HUD's regulations for transition funding under the Operating Fund Program. The Operating Fund Program, as revised by a September 19, 2005, final rule, adopted a new formula for determining the payment of operating subsidy to public housing agencies (PHAs). Transition funding is based on the difference in subsidy levels between the new formula and the formula in effect prior to the implementation of the September 19, 2005, final rule. As a result of the new formula PHAs may experience either an increase or decrease in the amount of funding that they receive. This proposed rule would revise the transition-funding schedule for those PHAs that will experience a decline in funding. For federal fiscal year (FFY) 2007 only, the transition funding percentage loss for all PHAs will be capped at five percent of the difference between the two funding levels.