January 10, 2007 – Federal Register Recent Federal Regulation Documents

Toxics Release Inventory Burden Reduction Final Rule
Document Number: Z6-21958
Type: Rule
Date: 2007-01-10
Agency: Environmental Protection Agency
Airworthiness Directives; Sikorsky Aircraft Corporation Model S-61L, N, R, and NM Helicopters
Document Number: E7-40
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD) for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters that requires, within a specified time, creating a component history card or equivalent record. The AD also requires recording the hours time-in-service (TIS) and the external lift cycles (lift cycles) for each main gearbox input left and right freewheel unit (IFWU) assembly. Also, the AD requires calculating a moving average of lift cycles per hour TIS at specified intervals on each IFWU assembly. The moving average is used to determine if an IFWU assembly is used in repetitive external lift (REL) or non-REL helicopter operations. If an IFWU assembly is used in REL operations, this AD requires a visual and dimensional inspection of the IFWU assembly at specified intervals. This AD also requires recording certain information and replacing each part that is beyond the wear limits or that exhibits visual surface distress with an airworthy part. In addition, this AD requires permanently marking the REL IFWU camshafts and gear housings with the letters ``REL'' on the surface of these parts. This amendment is prompted by an accident in which the left and right IFWU assembly on a helicopter slipped or disengaged resulting in both engines over speeding, engine shutdowns, and loss of engine power to the transmissions. The actions specified by this AD are intended to prevent slipping in the IFWU assembly, loss of engine power to the transmissions, and subsequent loss of control of the helicopter.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2007-2009 Specifications
Document Number: E7-202
Type: Proposed Rule
Date: 2007-01-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the 2007-2009 Atlantic herring fishery. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.
Special Conditions: Dassault Aviation Model Falcon 7X Airplane, Windshield Coating in Lieu of Wipers
Document Number: E7-200
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
This special condition is issued for the Dassault Aviation Model Falcon 7X airplane. This airplane will have a novel or unusual design feature associated with use of a hydrophobic windshield coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. This special condition contains the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Special Conditions: Gulfstream Aerospace Corporation Model G-1159A Airplanes; High-Intensity Radiated Fields (HIRF)
Document Number: E7-197
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
The FAA issues these special conditions for a Gulfstream Aerospace Corporation Model G-1159A airplane modified by AeroMech Incorporated. This modified airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of Innovative Solutions and Support integrated air data display units (ADDU). These systems perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Radio Broadcasting Services; Port Chester, NY, and Stamford, CT
Document Number: E7-185
Type: Proposed Rule
Date: 2007-01-10
Agency: Federal Communications Commission, Agencies and Commissions
This document sets forth a proposal to amend the FM Table of Allotments, section 73.202(b) of the Commission's rules. The Audio Division requests comment on a petition filed by Cox Radio, Inc. pursuant to section 1.420(i) of the Commission's rules. Petitioner proposes to change the community of license for Station WKHL(FM) from Port Chester, New York, to Stamford, Connecticut, and to change the FM Table of Allotments by deleting Channel 244A at Port Chester, New York, and by adding Channel 244A at Stamford, Connecticut, as the community's first local aural broadcast service. The proposed coordinates for Channel 244A at Stamford, Connecticut, are 41-02-49 NL and 73-31-36 WL. The allotment will require a site restriction of 12.8 km (7.9 miles) northeast of Port Chester.
Radio Broadcasting Services; Johnston City and Marion, IL
Document Number: E7-184
Type: Rule
Date: 2007-01-10
Agency: Federal Communications Commission, Agencies and Commissions
In response to a request for dismissal of the Application for Review of the Report and Order, in this proceeding, the Application for Review is dismissed.
Radio Broadcasting Services; Hennessey, OK
Document Number: E7-183
Type: Rule
Date: 2007-01-10
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Linda Crawford, allots Channel 249A at Hennessey, Oklahoma, as the community's first local FM service. Channel 249A can be allotted to Hennessey, Oklahoma, in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.7 kilometers (4.8 miles) west of Hennessey. The coordinates for Channel 249A at Hennessey, Oklahoma, are 36-07-55 North Latitude and 97-58-46 West Longitude.
Radio Broadcasting Services; Boswell, OK and Detroit, TX
Document Number: E7-181
Type: Proposed Rule
Date: 2007-01-10
Agency: Federal Communications Commission, Agencies and Commissions
This document requests comments on the removal of two mutually exclusive vacant allotments, Channel 282C3 at Boswell, Oklahoma and Channel 282C2 at Detroit, Texas. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. These vacant allotments are separated by 39.5, a short-spacing of 137.5 kilometers. The minimum distance spacing requirement for these allotments is 177 kilometers. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal. See SUPPLEMENTARY INFORMATION, infra.
Approval and Promulgation of Air Implementation Plans; Ohio; Rules to Control Emissions From Hospital, Medical, and Infectious Waste Incinerators
Document Number: E7-178
Type: Proposed Rule
Date: 2007-01-10
Agency: Environmental Protection Agency
The EPA is proposing to approve, with exceptions noted below, a State plan submitted by Ohio concerning criteria pollutant and toxic emissions from Hospital, Medical and Infectious Waste Incinerators (HMIWI) in the State. EPA is proposing to approve all other items requested in Ohio's letter of October 18, 2005, including limits for a variety of emissions from HMIWI units including mercury, cadmium, lead, hydrogen chloride, and dioxin and criteria pollutants. Ohio prepared a plan based on CAA sections 111(d) and 129 for existing hospital, medical and infectious waste incinerators and asked that it be reviewed and approved as a revision to the State plan. The State's HMIWI plan sets out requirements for affected units at least as stringent as the EPA requirements entitled ``Emission Guidelines (EG) and Compliance Times for Hospital/Medical/ Infectious Waste Incinerators'' published in the Federal Register dated September 15, 1997. For approval, the State plan must include requirements for emission limits at least as protective as those requirements stated in the emission guideline. The rules in the plan apply to existing sources only for which construction commenced on or before June 20, 1996. New sources constructed after this date are covered by a Federal new source performance standard. The Ohio rules, contained in the plan, were proposed on March 22, 2002, and a public hearing was held on April 29, 2002. The rules became effective in Ohio on March 23, 2004. Plans affecting this source category were due from States with HMIWI subject to the emission guidelines on September 15, 1998. Ohio missed the submittal deadline and became subject to the Federal Plan on August 15, 2000, (65 FR 49868). We are proposing to approve the Ohio plan because we believe it meets the requirements of the EPA emission guideline affecting hospital incinerators. Any party interested in commenting on EPA's proposed approval should do so within the timeframe noted below.
Limitations on Withdrawals of Equity Capital
Document Number: E7-173
Type: Rule
Date: 2007-01-10
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'') is amending its regulations to provide that the Commission may, by written order, temporarily prohibit a futures commission merchant (``FCM'') from carrying out equity withdrawal transactions that would reduce excess adjusted net capital by 30 percent or more. The proposed orders would be based on the Commission's determination that such withdrawal transactions could be detrimental to the financial integrity of FCMs or could adversely affect their ability to meet customer obligations. The proposed amendments also would provide that an FCM may file with the Commission a petition for rescission of an order temporarily prohibiting equity withdrawals from the FCM.
Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band
Document Number: E7-171
Type: Proposed Rule
Date: 2007-01-10
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the FCC seeks comment on proposals that 700 MHz public safety spectrum be allocated for broadband use and that a single, national public safety broadband licensee be assigned this spectrum on a primary basis. Consistent with national priorities focusing on homeland security and broadband, and the Commission's commitment to ensure that emergency first responders have access to reliable and interoperable communications, this NPRM will allow the Commission to compile a record in an effort to determine whether there is a need for changes to the current 700 MHz public safety band plan. This NPRM seeks to promote effective public safety communications and innovation in wireless services in support of public safety and homeland security.
Beauveria Bassiana HF23; Exemption from the Requirement of a Tolerance
Document Number: E7-170
Type: Rule
Date: 2007-01-10
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial active ingredient Beauveria bassiana HF23 (B. bassiana HF23) on all food and feed commodities when applied/used to treat chicken manure which will eventually be processed and used as fertilizer on agricultural crops. Jabb of the Carolinas submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of B. bassiana HF23.
Drawbridge Operation Regulations; Sacramento River, at Isleton, CA
Document Number: E7-153
Type: Rule
Date: 2007-01-10
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Isleton Drawbridge across the Sacramento River, mile 18.7, at Isleton, CA. This deviation allows the bridge to remain in the closed-to- navigation position during the deviation period. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to refurbish and replace aging operating machinery.
Drawbridge Operation Regulations; Steamboat Slough, Near Paintersville, CA
Document Number: E7-152
Type: Rule
Date: 2007-01-10
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Steamboat Slough Drawbridge across Steamboat Slough, mile 11.2, near Paintersville, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to refurbish and replace aging operating machinery.
Drawbridge Operation Regulations; Sacramento River, at Paintersville, CA
Document Number: E7-151
Type: Rule
Date: 2007-01-10
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Paintersville Drawbridge across the Sacramento River, mile 33.4, at Paintersville, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to refurbish and replace aging operating machinery.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
Document Number: E7-147
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2006-20-14 that was sent previously to all known U.S. owners and operators of certain EMBRAER Model ERJ 170 and ERJ 190 airplanes by individual notices. This AD requires modification of certain flight deck door electronic equipment. This AD is prompted by a report indicating that this equipment is defective. We are issuing this AD to prevent failure of this equipment, which could jeopardize flight safety.
Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments
Document Number: E7-131
Type: Proposed Rule
Date: 2007-01-10
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
On December 21, 2006 the Pipeline and Hazardous Materials Safety Administration, in consultation with the Federal Railroad Administration and the Transportation Security Administration, published a notice of proposed rulemaking proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we are proposing to require rail carriers to compile annual data on specified shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are also proposing clarifications of the current security plan requirements to address en route storage, delays in transit, delivery notification, and additional security inspection requirements for hazardous materials shipments. PHMSA will hold two public meetings, on February 1, 2007, in Washington, DC, and February 9, 2007, in Dallas, Texas, to obtain stakeholder comments on the proposed rail security requirements. Information on the dates and locations of the public meetings is provided in this notice.
Release of Capacity on Interstate Natural Gas Pipelines; Request for Comments
Document Number: E7-128
Type: Proposed Rule
Date: 2007-01-10
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has received two petitions requesting changes in, or clarifications of, the Commission's regulations relating to the release of capacity on interstate natural gas pipelines. The Commission is requesting comments on the current operation of the Commission's capacity release program and whether changes in any of its capacity release policies would improve the efficiency of the natural gas market.
Medical Devices; Immunology and Microbiology Devices; Classification of Quality Control Material for Cystic Fibrosis Nucleic Acid Assays
Document Number: E7-119
Type: Rule
Date: 2007-01-10
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is classifying quality control material for cystic fibrosis nucleic acid assays into class II (special controls). The special control that will apply to the device is the guidance document entitled ``Class II Special Controls Guidance Document: Quality Control Material for Cystic Fibrosis Nucleic Acid Assays.'' The agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document that will serve as the special control for this device.
New Animal Drugs; Change of Sponsor
Document Number: E7-118
Type: Rule
Date: 2007-01-10
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 14 approved new animal drug applications (NADAs) from ADM Animal Health & Nutrition Division to ADM Alliance Nutrition, Inc.
Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2007
Document Number: E7-112
Type: Rule
Date: 2007-01-10
Agency: Federal Railroad Administration, Department of Transportation
This rule increases the rail equipment accident/incident reporting threshold from $7,700 to $8,200 for certain railroad accidents/incidents involving property damage that occur during calendar year 2007. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed in 2005.
Cattle for Export; Removal of Certain Testing Requirements
Document Number: E7-111
Type: Proposed Rule
Date: 2007-01-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of certain cattle being exported to countries that do not require such testing. This action would facilitate the exportation of certain cattle by eliminating the need to conduct pre- export tuberculosis and brucellosis testing when the receiving country does not require such testing.
Mediterranean Fruit Fly; Remove Portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, From the List of Quarantined Areas
Document Number: E7-110
Type: Rule
Date: 2007-01-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the Mediterranean fruit fly regulations by removing portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from those areas. The interim rule was necessary to relieve restrictions that were no longer needed to prevent the spread of the Mediterranean fruit fly into noninfested areas of the United States.
Promoting Transmission Investment Through Pricing Reform
Document Number: E6-22693
Type: Rule
Date: 2007-01-10
Agency: Department of Energy, Federal Energy Regulatory Commission
In this order on rehearing, the Federal Energy Regulatory Commission (Commission) reaffirms its determinations in part and grants rehearing in part of Promoting Transmission Investment through Pricing Reform, Order No. 679. Order No. 679 amended Commission regulations to establish incentive-based (including performance-based) rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefiting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.
Endangered and Threatened Wildlife and Plants; Clarification of Significant Portion of the Range for the Contiguous United States Distinct Population Segment of the Canada Lynx
Document Number: E6-22633
Type: Rule
Date: 2007-01-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) provide a clarification of the finding we made in support of the final rule that listed the contiguous U.S. Distinct Population Segment of the Canada lynx (Lynx canadensis) (lynx) as threatened. In that rule, we found that, ``collectively, the Northeast, Great Lakes, and Southern Rockies do not constitute a significant portion of the range of the DPS (Distinct Population Segment).'' In response to a court order, we now clarify that finding.
Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F Airplanes
Document Number: E6-22536
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas Model MD-11 and -11F airplanes. That AD currently requires an initial general visual inspection of the power feeder cables of the integrated drive generator (IDG) and the fuel feed lines of engine pylons No. 1 and No. 3 on the wings for proper clearance and damage; corrective actions if necessary; and repetitive general visual inspections and a terminating action for the repetitive inspections. This new AD requires the existing actions, and for certain airplanes, this AD requires installation of new clamps on the power feeder cables of the IDG of engine pylons No. 1 and No. 3. This AD results from reports of IDG power feeder cables riding against structure and fuel lines in the No. 1 and No. 3 pylons. We are issuing this AD to prevent potential chafing of the power feeder cables of the IDG in engine pylons No. 1 and No. 3 on the wings, and consequent arcing on the fuel lines in the engine pylons and possible fuel fire.
Airworthiness Directives; Turbomeca Artouste III B and III B1 Turboshaft Engines
Document Number: E6-22533
Type: Rule
Date: 2007-01-10
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This 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:
Heir Property
Document Number: E6-22102
Type: Proposed Rule
Date: 2007-01-10
Agency: Department of Agriculture, Rural Business-Cooperative Service, Rural Utilities Service
The United States Department of Agriculture, Rural Development is soliciting public comment and historical information on the heir property issue as it affects African American farmers and homeowners.
Risk-Based Capital Guidelines; Capital Adequacy Guidelines; Capital Maintenance: Domestic Capital Modifications
Document Number: C6-9738
Type: Proposed Rule
Date: 2007-01-10
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Office of Thrift Supervision, Comptroller of the Currency
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