March 28, 2007 – Federal Register Recent Federal Regulation Documents

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the construction standards on Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503). The Fall Protection Systems Criteria and Practices Standard allows employers to develop alternative procedures to the use of conventional fall protection systems when the systems are infeasible or create a greater hazard. The alternative procedures (plan) must be written. Also, employers who use safety net systems may certify that the installation meets the Standard's criteria in lieu of performing a drop-test on the net. The Training Requirements Standard requires employers to prepare training certification records for their employees. The plan and certification records ensure that employers comply with the requirements to protect employees from falls.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Chemical Weapons Convention Regulations (CWCR) to expedite the collection of information concerning the inspection status of plant sites that produce unscheduled discrete organic chemicals (UDOCs) subject to the declaration requirements of the CWCR, to clarify the scope of the CWCR records review and recordkeeping requirements, and to update the maximum civil penalty that may be imposed for violations of the CWCR restrictions on imports of Chemical Weapons Convention (CWC) Schedule 1 and Schedule 2 chemicals. The CWCR include requirements to declare certain activities, involving scheduled chemicals and UDOCs, and to provide access for on-site verification by international inspectors of certain declared facilities in the United States. Specifically, this final rule amends the CWCR by revising the annual declaration requirements for UDOCs to allow a ``declared'' plant site currently subject to inspection, which anticipates that its production of UDOCs during the current calendar year will be below the inspection threshold level indicated in the CWCR, to submit a Change in Inspection Status Form to BIS by December 15th of the current calendar year. In addition, any such UDOC plant site containing at least one plant that anticipates producing an individual PSF chemical (i.e., a UDOC containing the elements phosphorus, sulfur or fluorine) in quantities that exceed the declaration threshold for such chemicals will have the option of submitting its Annual Declaration on Past Activities, in lieu of a Change in Inspection Status Form, by December 15th of the current calendar year. Otherwise, the CWCR require that the Annual Declaration on Past Activities be submitted by February 28th of the following year. The information provided to BIS, as a result of this change, will ensure that the plant site is not subject to inspection during the first 90 days of the next calendar year (i.e., the year after the UDOC activities took place), which is the period when the United States compiles its annual declaration on past activities for submission to the Organization for the Prohibition of Chemical Weapons (OPCW). In addition, this information will strengthen the verification regime of the CWC by allowing the OPCW to schedule inspections, on a year-round basis, of those UDOC facilities in the United States that meet or exceed the inspection threshold level indicated in the CWCR. This rule also amends the CWCR by revising the records review provisions to clarify that a facility must provide the OPCW Inspection Team with access to all supporting materials and documentation used by the facility to prepare declarations and to otherwise comply with the CWCR, including records related to activities that have taken place at the facility since the beginning of the previous calendar year (i.e., up to and including the date of the inspection), even if the facility has not submitted its current year Annual Declaration on Past Activities to BIS at the time the inspection takes place. In addition, this rule revises the CWCR records review and recordkeeping requirements to clarify that the types of records that are subject to these requirements include all supporting materials and documentation associated with the movement into, around, and from the facility of declared chemicals and their feedstock or any product chemicals formed from such chemicals and feedstock. The purpose of this clarification is to ensure that the CWCR records review and recordkeeping requirements fully conform with the inspection aims described in the inspection provisions of the CWCR, which include verifying the absence of Schedule 1 chemicals and the non-diversion of Schedule 1 and Schedule 2 chemicals. This rule amends the enforcement provisions of the CWCR to increase the maximum civil penalty that may be imposed for violations of the CWCR restrictions on imports of CWC Schedule 1 or Schedule 2 chemicals from $11,000 to $50,000 to reflect amendments to the International Emergency Economic Powers Act (IEEPA) made by the USA PATRIOT Improvement and Reauthorization Act of 2005, which was enacted on March 9, 2006. Finally, this rule updates the list of countries that currently are States Parties to the CWC by adding the Central African Republic and Comoros, which recently became States Parties, and by replacing the listing for Serbia and Montenegro with a separate listing for each country.

The Securities and Exchange Commission (``Commission'') is amending Regulation S-T to make a correction with respect to mandated electronic submissions and to include persons or entities that submit filings for review by the Division of Market Regulation as persons or entities that are subject to the electronic filing requirements of Regulation S-T. The amendment will clarify that a filing submitted on an electronic filing system other than the Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system is not a mandated submission under Regulation S-T and will clarify that filers who submit forms on EDGAR for review by the Division of Market Regulation are subject to the requirements of Regulation S-T. The Commission is also amending the Rules of Organization and Program Management to delegate authority to the Director of the Division of Market Regulation to adjust the filing date of an electronic submission and to grant or deny a continuing hardship exemption from electronic filing under Regulation S-T. The amendment will conserve Commission resources and will allow the Commission to make such adjustments and to grant or deny such exemptions in a timely manner.

This document announces the availability of objections filed with respect to the establishment of two boscalid tolerances under section 408 of the Federal Food, Drug, and Cosmetic Act. The objections were filed on February 20, 2007 by the Natural Resources Defense Council (``NRDC''). NRDC's objections assert that EPA unlawfully removed the additional 10X safety factor for the protection of infants and children. Additionally NRDC claims that EPA's action was arbitrary and capricious for failing to provide an adequate explanation for the decision on the children's safety factor. This document seeks comment on the NRDC objections.

This document dismisses a counterproposal, including the allotment of Channel 288C3 at Kinsley, Kansas, and a petition for reconsideration directed to the Report and Order in this proceeding, pursuant to Chisholm's Request for Withdrawal. Although the Federal Register Summary added Channel 288C3 at Kinsley, it was never implemented. Nevertheless, we are formally removing Channel 288C3 at Kinsley, Kansas from the FM Table of Allotments because there is no longer any expression of interest in it.

In response to a Petition for Rule Making filed by WKJF Radio, Inc., licensee of Station WJZQ, Channel 225C, Cadillac, Michigan, this document deletes the Channel 227A allotment at Glen Arbor, Michigan, in order to permit WKJF Radio, Inc. to modify the Station WJZQ facilities as set forth in its pending application (File BMLH-20020517AAG). With this action, the proceeding is terminated.

The Commission invites interested parties to update the record pertaining to issues raised in the Commission's equal access and nondiscrimination proceeding in light of marketplace and industry developments.

The Bureau of Reclamation (Reclamation), the lead Federal agency; the U.S. Army Corps of Engineers (Corps), a cooperating Federal agency; the Reclamation Board, the lead State agency; and the Sacramento Area Flood Control Agency (SAFCA), the local sponsor, have prepared a Final EIS/EIR for the Folsom DS/FDR Action. The Folsom DS/ FDR proposed action includes features that address Reclamation's DS objectives and the Corps' FDR objectives jointly as well as features or increments that exclusively address DS, security, or FDR objectives and would be constructed by the respective agencies. The Final EIS/EIR contains responses to comments received on the Draft EIS/EIR. The Corps intends to adopt the Final EIS/EIR to satisfy the requirements of National Environmental Policy Act for the Joint Federal Project (JFP) component and other FDR features as appropriate. The Corps has prepared a Post Authorization Change (PAC) Report which documents recommended changes to the authorized Folsom Modifications and Folsom Dam Raise projects. A Notice of Availability of the Draft EIS/EIR was published in the Federal Register on Tuesday, November 28, 2006 (71 FR 68837). The public review period on the Draft EIS/EIR ended on January 22, 2006. The public review period was extended via a press release to January 26, 2007.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, -500, -600, -700, -800 and -900 series airplanes; and Model 757-200 and -300 series airplanes. This AD requires modifying the activation mechanism in the chemical oxygen generator of each passenger service unit (PSU). This AD results from several reports indicating that some chemical oxygen generators failed to activate during in-flight decompression events. These failures were due to fracture of components between the passenger oxygen mask and the release pin in the oxygen generator. We are issuing this AD to prevent failure of the activation mechanism in the chemical oxygen generator, which could result in the unavailability of supplemental oxygen and possible incapacitation of passengers and cabin crew during an in- flight decompression.

The FAA is adopting a new airworthiness directive (AD) for all McDonnell Douglas Model MD-11 and -11F airplanes. This AD requires revising the maintenance inspection program that provides for inspection of principal structural elements (PSEs) and replacement of safe-life parts, to incorporate a new revision to the MD-11 Airworthiness Limitations Instructions. The revision reduces inspection intervals for fatigue cracking of certain PSEs, and expands the inspection area for a certain other PSE. This AD results from a revised damage tolerance analysis. We are issuing this AD to detect and correct fatigue cracking of certain PSEs, which could adversely affect the structural integrity of the airplane.

Today the Environmental Protection Agency (EPA) is taking final action to determine that HCFC-22 and HCFC-142b are unacceptable for use in the foam sector under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act. The SNAP program reviews alternatives to Class I and Class II ozone depleting substances and approves use of alternatives which do not present a substantially greater risk to public health and the environment than the substance they replace or than other available substitutes. In prior rulemakings, the Agency listed HCFC-22 and HCFC-142b as unacceptable substitutes in several foam end uses; here, EPA is amending a determination for one category of end-uses and taking the following actions for remaining applications. First, EPA is finding HCFC-22 and HCFC-142b unacceptable as substitutes for HCFC-141b in commercial refrigeration, sandwich panels, and slabstock and ``other'' rigid polyurethane foams and removing narrowed use limits previously established in those applications. Second, EPA is finding HCFC-22 and HCFC-142b unacceptable as substitutes for CFCs in all foam end-uses. Third, the Agency is establishing a grandfathering period to allow existing users of HCFC-22 and HCFC-142b in pour foam applications, including commercial refrigeration, sandwich panels, and slabstock and ``other'' rigid polyurethane foams other than foam for marine applications, until March 1, 2008 to implement alternatives; existing users of HCFC-22 and HCFC-142b foam blowing agents in the manufacture of foam for marine applications (e.g., flotation foam) will be allowed to continue use of these blowing agents until September 1, 2009. Fourth, the Agency is grandfathering existing users of HCFC-22 and HCFC-142b in extruded polystyrene (XPS) foam and in all other foam end uses until January 1, 2010 in order to allow time for those users to complete their transition to alternatives.

The Audio Division dismisses a Petition for Rule Making filed by Charles Crawford, requesting the allotment of Channel 292A at Glenmora, Louisiana, as its first local service. Charles Crawford, or no other party, filed comments supporting the allotment of Channel 292A at Glenmora, Louisiana. Additionally, a Petition for Rule Making filed by Goudeau, Inc., proposing the allotment of Channel 292A at Marksville, Louisiana, as its first local service is also dismissed. Goudeau, Inc. or no other party, filed comments supporting the allotment of Channel 292A at Marksville, Louisiana. It is the Commission's policy to refrain from making a new allotment to a community absent an expression of interest. Moreover, the license of Station KIOC, Orange, Texas was reclassified to specify operation on Channel 291C0 in lieu of Channel 291C. See File No. BLH-20030303ACM.

The Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS) is requesting public comment on a draft report to the Secretary of Health and Human Services (HHS) on pharmacogenomics. A copy of the draft report is available electronically at https:// www4.od.nih.gov/oba/sacghs/publiccomments.htm. A copy also may be obtained by e-mailing Ms. Suzanne Goodwin at goodwins@od.nih.gov or calling 301-496-9838.