January 5, 2007 – Federal Register Recent Federal Regulation Documents

On November 2, 2001 (66 FR 55603), the Nuclear Regulatory Commission (NRC) published for public comment a petition for rulemaking (PRM) filed by Scott Portzline, Three Mile Island Alert. The petitioner requested that the NRC regulations governing physical protection of plants and materials be amended to require NRC licensees to post at least one armed guard at each entrance to the ``owner controlled areas'' (OCAs) surrounding all U.S. nuclear power plants. The petitioner states that this should be accomplished by adding armed site protection officers (SPOs) to the security forcesnot by simply moving SPOs from their protected area (PA) posts to the OCA entrances. The petitioner believes that its proposed amendment would provide an additional layer of security that would complement existing measures against radiological sabotage and would be consistent with the long- standing principle of defense-in-depth. This document informs the public that PRM-73-11 and public comments received in response to the above notice will be considered in a proposed rulemaking, ``Power Reactor Security Requirements,'' published in the Federal Register on October 26, 2006 (71 FR 62664). This rulemaking proposes extensive revisions to the NRC regulations in 10 CFR parts 50, 72, and 73 that address security requirements for nuclear power reactor licensees and certain materials licensees. The comment period on that proposed rule expires on February 23, 2007. Because the public has already had opportunity to comment on PRM-73-11, the NRC is requesting that comments focus on the proposed rule provisions in light of the subject PRM. Refer to the preamble of the proposed rule for instructions on how to provide comments.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a deficiency in compliance with 14 CFR 23.967(d). There have been instances indicating that production aircraft may not have a metal barrier between the cabin and the fuel tank bay. Lack of a barrier could allow flammable fuel vapors to enter the cabin. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

The Food and Drug Administration (FDA) is proposing to amend the regulation authorizing a health claim on the relationship between calcium and a reduced risk of osteoporosis to: Include vitamin D so that, in addition to claims for calcium and osteoporosis, additional claims can be made for calcium and vitamin D and osteoporosis; eliminate the requirement in Sec. 101.72(c)(2)(i)(A) (21 CFR 101.72(c)(2)(i)(A)) that the claim list sex, race, and age as specific risk factors for the development of osteoporosis; eliminate the requirement in Sec. 101.72(c)(2)(i)(B) that the claim does not state or imply that the risk of osteoporosis is equally applicable to the general U.S. population, and that the claim identify the populations at particular risk for the development of osteoporosis; eliminate the requirement in Sec. 101.72(c)(2)(i)(C) that the claim identify the mechanism by which calcium reduces the risk of osteoporosis and instead make it optional; and eliminate the requirement in Sec. 101.72(c)(2)(i)(E) that the claim include a statement that reflects the limit of the benefits derived from dietary calcium intake, when the level of calcium in the food exceeds a set threshold level. FDA is taking these actions, in part, in response to a health claim petition submitted by The Beverage Institute for Health and Wellness, LLC. Elsewhere in this issue of the Federal Register, FDA is withdrawing certain proposed amendments to a proposed rule that published in the Federal Register of December 21, 1995 (60 FR 66206) related to the calcium and osteoporosis health claim.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/ Environmental Impact Statement (Draft RMP/EIS) for the Pocatello Field Office and by this notice is announcing the opening of the public comment period.

Under this notice, the FAA proposes to implement certain security related requirements governing the design of transport category airplanes. The requirements would provide improved airplane design features and greater protection of the cabin, flightdeck, and cargo compartments from the detonation of explosive or incendiary devices, penetration by projectiles, and intrusion by unauthorized persons. The FAA also proposes to require operators to establish a ``least risk bomb location'' on all affected airplanes. These proposed changes would adopt several International Civil Aviation Organization (ICAO) standards. Also, this notice discusses six proposed advisory circulars (ACs) and proposed changes to two existing ACs.

This notice announces that on November 14, 2006, the Environmental Appeals Board (``EAB'') of EPA denied review of all petitions for review of a Prevention of Significant Deterioration (``PSD'') permit (``Permit'') that EPA Region 9 issued to Knauf Insulation, GmbH (``Knauf''). The Permit was issued pursuant to the PSD regulations under 40 CFR 52.21.

The purpose of this Federal Register notice is to inform the public of current U.S. statutes and regulations that may be applicable to a hydrogen economy and to request comments on their interface . This notice describes and indexes several statutory and regulatory provisions of each major Federal agency and discusses possible applications of these provisions to aspects of a hydrogen economy, including construction and certification of transportation/ports infrastructure, the use of fuel cells to power automobiles and generate electricity for homes and businesses, and effects on public safety and health. The notice also describes the regulatory jurisdictions of each Federal agency in the context of a hydrogen economy. In addition, public comments are invited on a Web site that was created to depict the regulatory framework of a hydrogen economy. The Web site is located at https://hydrogen.gov/regulations.html. Comments will be used to improve the Web site.

Notice is hereby given that a document entitled ``Final Regional Restoration Plan for Region 2'' is available to the public. This document has been prepared by the state and federal natural resource trustee agencies (National Oceanic and Atmospheric Administration (NOAA); U.S. Department of the Interior (DOI); Louisiana Oil Spill Coordinator's Office (LOSCO); and Louisiana Departments of Environmental Quality (LDEQ); Natural Resources (LDNR); and Wildlife and Fisheries (LDWF)) to address natural resource injuries resulting from discharges of oil in Region 2 of the State of Louisiana. The Final Regional Restoration Plan for Region 2 is the first of nine regional plans being prepared under the statewide Louisiana Regional Restoration Planning Program developed by NOAA, DOI, and the State of Louisiana. For Further Information Contact: Requests for copies of the ``Final Regional Restoration Plan for Region 2'' or for further information, request or contact Tony Penn, Southeast Branch Chief, NOAA/Assessment and Restoration Division, 1305 East-West Highway, SSMC 4, 10th floor, Silver Spring, MD 20910; phone number 301-713-3038 x197; fax number 301-713-4387; e-mail address: Tony.Penn@noaa.gov. Or contact Charles Armbruster, RRP Program Manager, Louisiana Oil Spill Coordinator's Office, 150 Third Street, Suite 405, Baton Rouge, LA 70801; phone number 225-219-5800; fax number 225-219-5802; e-mail address: Charles.Armbruster@losco.state.la.us. When submitting a request, please indicate whether you would like the document on compact disk, a hardcopy, or the Internet address to download an electronic copy. Supplementary Information: Louisiana's economy is based, in part, on the state's vast natural resources. Both renewable (hunting, fishing, forest products) and nonrenewable (cultural, oil, natural gas) resources are important, and the industries associated with each have coexisted for years. Although Louisiana's oil and gas industry tries to avoid adverse impacts on renewable natural resources, injuries do occur as a result of oil spill incidents. The impact of these incidents on fish, wildlife, and the environment can be significant and adversely affect the industries and communities depending on natural resources for commerce and recreation. Federal and Louisiana natural resource trustees have developed a statewide Louisiana Regional Restoration Planning Program (RRP Program) to assist them in carrying out their Natural Resource Damage Assessment (NRDA) responsibilities for discharges or substantial threats of discharges of oil. Goals of the statewide Louisiana RRP Program are to: (1) Expedite and reduce the cost of the NRDA process; (2) Provide for consistency and predictability by describing in detail the NRDA process, thereby increasing understanding of the process by the public and industry; and (3) Increase restoration of lost trust resources and services injured by oil spills. The Louisiana RRP Program identifies the statewide program structure, decision-making process, and criteria that are used to select the restoration project(s) that may be implemented to restore the trust resources and services injured by an oil spill. The Louisiana RRP Program divides the state into nine regions. For each region, a Regional Restoration Plan (RRP) will be developed that identifies: the affected environment and resources; potentially injured trust resources and services; appropriate restoration types for each of the potentially injured resources and services; and available restoration projects that have been identified to date. The Final RRP for Region 2 covers an area of southeast Louisiana, including all or part of the following parishes: Ascension, Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, and St. John the Baptist. The natural resource trustees (NOAA, DOI, LOSCO, LDEQ, LDNR, LDWF) are designated pursuant to 33 U.S.C. 2706(c), Executive Order 12777, and the National Contingency Plan, 40 CFR 300.600 and 300.605. Pursuant to La. Rev. Stat. 30:2460, the State of Louisiana Oil Spill Contingency Plan (September 1995) describes the state trust resources to include the following: Vegetated wetlands, surface waters, ground waters, air, soil, wildlife, aquatic life, and the appropriate habitats on which they depend. DOI has been designated as trustee for the natural resources that it manages or controls. Examples of those resources are described in the National Contingency Plan, 40 CFR 300.600(b)(2) and (3), and include the following and their supporting ecosystems: migratory birds, anadromous fish, endangered species and marine mammals, federally owned minerals, certain federally managed water resources, and natural resources located on, over, or under land administered by DOI. NOAA's trust resources include, but are not limited to: commercial and recreational fish species, anadromous and catadromous fish species, marshes and other coastal habitats, marine mammals, and endangered and threatened marine species. Pursuant to 15 CFR 990.56, the natural resource trustees are authorized to develop regional restoration plans as part of the Oil Pollution Act's mandate for the trustees to restore, rehabilitate, replace, or acquire the equivalent of natural resources and services injured by oil spill incidents and to compensate for interim losses of such resources and services. The Administrative Record (AR) for the statewide RRP Program and RRP for Region 2 is being maintained at: (1) NOAA Assessment and Restoration Division, SSMC 4, 1305 East-West Highway, Silver Spring, Maryland 20910-3281; (2) Louisiana Oil Spill Coordinator's Office, Suite 405, 150 Third Street, Baton Rouge, LA 70801; and (3) https://www.losco.state.la.us/admin/RRP/RRPprogramview.asp. The AR includes documents that the trustees relied upon during the development of the Final RRP for Region 2. Pursuant to 15 CFR 990.23 & 990.56, the trustees sought public involvement in developing the Final RRP for Region 2, through public review and comment of the documents contained in the AR, as well as through publication of the ``Louisiana Regional Restoration Planning Program Final Programmatic Environmental Impact Statement (FPEIS)''.

An open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

NMFS announces that the Commonwealth of Massachusetts is transferring 20,000 lb (9,072 kg) of commercial bluefish quota to the State of Rhode Island from its 2006 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

The FAA is proposing changes to its airmen certification and aircraft registration requirements. Two years after the final rule becomes effective, paper pilot certificates may no longer be used to exercise piloting privileges. Five years after the final rule becomes effective, certain other paper airmen certificates, such as those of flight engineers and mechanics, may no longer be used to exercise the privileges authorized by those certificates. To exercise the privileges after those respective dates, the airmen would have to hold upgraded, counterfeit-resistant plastic certificates. Student pilots would not be affected. In addition, those who transfer ownership of U.S.-registered aircraft would have five days from the transaction to notify the FAA Aircraft Registry. Those who apply for aircraft registration would have to include their printed or typed name with their signature. These changes are responsive to concerns raised in the FAA Drug Enforcement Assistance Act. The purpose of the changes is to upgrade the quality of data and documents to assist Federal, State, and local agencies to enforce the Nation's drug laws.

The Department of Homeland Security, US-VISIT Program, has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling Steve Yonkers, 202-298-5200 (this is not a toll free number).

The Postal ServiceTM has simplified the standards for polywrap film on automation-rate flat-size mailpieces, so that customers only have to meet one set of standards instead of the previous two.

This document corrects wage index and technical errors that appeared in the notice published in the Federal Register on October 11, 2006 entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems and Fiscal Year 2007 Rates.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless