February 27, 2007 – Federal Register Recent Federal Regulation Documents

The Commission is amending its rules of practice and procedure to add a new part 208 in order to implement section 112(c) of the African Growth and Opportunity Act (AGOA), as amended (19 U.S.C. 3721(c)). The provisions addressing the Commission's role are contained in amendments to AGOA which the President signed into law on December 20, 2006. The interim rules provide for Commission investigations, determinations, and reports under section 112(c) of AGOA, and also specify the information that must be included in a properly filed petition. Interim rules are necessary because the new provisions became effective on the day of enactment; in the absence of interim rules, the Commission will have no procedures in place with respect to these proceedings.

This action extends the comment period for the Repair Stations NPRM, Docket No. FAA-2006-26408 that was published on December 1, 2006. In that document, the FAA proposed to amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. The FAA also proposed additional changes critical to maintaining safety. On January 26, 2007, the Aeronautical Repair Station Association (ARSA) requested an extension to the comment period for this NPRM. The FAA has considered this request and decided to extend the comment period for 45 days.

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).

This document announces the Agricultural Marketing Service's (AMS) review of the Popcorn Promotion, Research, and Consumer Information Order [Order] (conducted under the Popcorn Promotion, Research, and Consumer Information Act [Act]), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).

The Food and Drug Administration (FDA) is publishing a proposed rule to reclassify pressure regulators for use with medical oxygen, currently class I devices included in the generic type of device called pressure regulator, into class II, subject to special controls in the form of a guidance document. Pressure regulators for use with all other medical gases will remain in class I, subject only to general controls. FDA is also proposing to establish a separate classification regulation for oxygen conserving devices (or oxygen conservers), now included in the generic type of device called noncontinuous ventilator. Oxygen conserving devices will continue to be classified in class II, but those that incorporate a built-in oxygen pressure regulator will become subject to the special controls guidance if the rule is finalized. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a class II special controls draft guidance for industry and FDA staff entitled ``Class II Special Controls Guidance Document: Oxygen Pressure Regulators and Oxygen Conserving Devices.'' The agency is proposing this action because it believes that special controls are necessary to provide a reasonable assurance of safety and effectiveness for these devices.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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 follows:

The FAA is adopting a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires a one- time inspection of the fuel lines located in the left and right main landing gear (MLG) bays to determine the clearance between the fuel and hydraulic lines. If necessary, this AD also requires an inspection of fuel lines for chafing, the replacement of a chafed fuel line with a new fuel line, and the repositioning of existing clamps and installation of additional clamps between the fuel and hydraulic lines. This AD results from a fuel leak found in the left MLG bay. We are issuing this AD to detect and correct inadequate clearance between fuel and hydraulic lines in the MLG bay, which could lead to chafing of a fuel line and fuel leakage. A fuel leak near hot brakes could result in a fire in the MLG bay.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. That AD currently requires a one-time inspection of the sliding members in the main landing gear (MLG) for cracking and replacement of the sliding members with serviceable parts if necessary. This new AD adds repetitive magnetic particle inspections of the sliding members of the MLG for cracking and corrective actions as necessary. This AD results from inspection findings that have shown repetitive inspections are needed to establish fleet safety. We are issuing this AD to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100 (as described above), DHC-8-200, and DHC-8-300 series airplanes. This AD requires doing a one-time inspection for damage of the electrical cable harness assembly located on the left and right wing root-to-fuselage aft seal, and repair if necessary; and reworking the fuselage aft seal assembly (left and right) to create a clearance between the electrical cable assemblies and the edge of the fairing panel. This AD results from a report that an airplane encountered an uncommanded propeller feathering during climb, which resulted in an emergency landing. We are issuing this AD to prevent chafing or grounding of the wiring against the aft seal assemblies, which, if not corrected, could interrupt the operation of various systems, including the propeller feather control, alternating current (AC) electrical power, and standby hydraulic power, and result in reduced controllability of the airplane.

We are amending the Phytophthora ramorum regulations to establish restrictions on the interstate movement of nursery stock from nurseries in nonquarantined areas in California, Oregon, and Washington. We are also amending the regulations to update conditions for the movement of regulated articles of nursery stock from quarantined areas, to add restrictions on the movement of decorative trees without roots from quarantined areas, as well as to restrict the interstate movement of all other nursery stock from nurseries in quarantined areas. We are also updating the list of plants regulated because of P. ramorum and the list of areas that are quarantined for P. ramorum, and making other miscellaneous amendments to the regulations. These actions are necessary to prevent the spread of P. ramorum to noninfested areas of the United States.

The above mentioned regulation was previously published as a proposed rule on August 16, 1995 (60 FR 42482). The Railroad Retirement Board has determined not to go final with that proposed rule and hereby withdraws the proposed rule to amend 20 CFR Part 230.