March 2007 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission (``FTC'' or ``Commission'') is extending until June 18, 2007 the deadline for filing comments on the Guides and on two consumer surveys commissioned by the Commission concerning the interpretation of consumer endorsements.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the American crocodile (Crocodylus acutus) distinct vertebrate population segment (DPS) in Florida from endangered to threatened, under the authority of the Endangered Species Act of 1973, as amended (Act). The endangered designation no longer correctly reflects the current status of this DPS due to a substantial improvement in the species' status. This action is based on a review of all available data, which indicate, for example, that since its listing in 1975, the American crocodile population in Florida has more than doubled and its distribution has expanded. Land acquisition has also provided protection for many important nesting areas. We have determined that the American crocodile in its range in Florida meets the criteria of a DPS as stated in our policy of February 17, 1996. With this rule, we are designating the American crocodile in Florida as a DPS, and this DPS will remain protected as a threatened species under the Act. The status of the American crocodile throughout the remainder of its range, as described in our December 18, 1979, final rule, will remain endangered.

On May 10, 2006, EPA published a final rule entitled, ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors.'' Following that final action, the Administrator received a petition for reconsideration. In response to the petition, EPA is announcing its reconsideration of three aspects of the rule: operator stand-in provisions, data requirements for continuous monitors, and the status of operating parameters during the 2 weeks prior to mercury and dioxin/ furan testing.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require repetitive measurements of the freeplay of certain joints of the trailing edge flap supports; repetitive lubrication of the support joints; and related investigative and corrective actions if necessary. The proposed AD also provides for modifying certain components of the trailing edge flap supports, which would extend the intervals for the repetitive measurements, and revising the maintenance practices of the maintenance planning data document. This proposed AD results from reports of excessive wear of the pins, bushings, and bearings, and corrosion at the joints of the outboard trailing edge flap supports. We are proposing this AD to prevent wear and corrosion at the flap support joints, which could result in loss of the trailing edge flap and possible loss of control of the airplane.

This document contains a correction to final and temporary regulations (TD 9264) that were published in the Federal Register on Tuesday, May 30, 2006 (71 FR 30591) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns.

We propose to revise the threshold billing amount that triggers annual onsite reviews of medical providers who conduct consultative examinations (CEs) for our disability programs under titles II and XVI of the Social Security Act (the Act). The proposed revision would raise the threshold amount to reflect the increase in billing amounts since we first established the threshold amount in 1991. This proposed revision is intended to restore the level of oversight originally required by our rules.

The Department of Veterans Affairs (VA) is revising its Schedule for Rating Disabilities, Appendices A, B, and C to include all current diagnostic codes. Appendix A is also amended to include all the diagnostic code historical information since the last review.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the availability of the draft economic analysis for the proposed designation of critical habitat for the endangered Hine's emerald dragonfly (Somatochlora hineana) under the Endangered Species Act of 1973, as amended (Act). We are also revising our proposed rule, published on July 26, 2006 (71 FR 42442), to include an additional proposed critical habitat unit in Door County, Wisconsin, and amending the Required Determinations for the proposal. The draft economic analysis forecasts that costs associated with conservation activities for the Hine's emerald dragonfly would range from $16.8 million to $46.7 million in undiscounted dollars over the next 20 years. In discounted terms, potential economic costs are estimated to be $13.3 to $34.5 million (using a 3 percent discount rate) and $10.5 to $25.2 million (using a 7 percent discount rate). In annualized terms, potential costs are expected to range from $0.8 to $2.3 million annually (annualized at 3 percent) and $0.9 to $2.4 million annually (annualized at 7 percent). We are reopening the public comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, our revision to the proposed rule, the associated draft economic analysis, and the amended Required Determinations. Comments previously submitted need not be resubmitted as they will be incorporated into the public record and fully considered in preparation of the final rule.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,631 nm \2\ (5,594 km \2\) in March and approximately 832 nm \2\ (2854 km \2\) in April, southeast of Boston, MA, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

This interim final rule (IFR) amends the Air Cargo Security Requirements final rule (Air Cargo Final Rule) by extending the compliance dates by which aircraft operators, foreign air carriers, and indirect air carriers (IACs) must ensure that their employees and agents with unescorted access to cargo, and IAC proprietors, general partners, officers, directors, and certain owners of the entity successfully complete a Security Threat Assessment (STA). This extension is based on technology problems that TSA is experiencing with the processing of STA applications.

The Food and Drug Administration (FDA) is amending its regulations to change the location of a section in an over-the-counter (OTC) drug monograph. This action is editorial in nature and is intended to improve the accuracy of the agency's regulations.

The Coast Guard proposes to establish temporary special local regulations for ``Sail Virginia 2007'' marine event. This action is necessary to provide for the safety of life on navigable waters before, during, and after Sail Virginia 2007 activities. This proposed action is intended to restrict vessel traffic in the vicinity of the tall ship parade as the parade transits the Chesapeake Bay, Hampton Roads, the James and Elizabeth Rivers and Norfolk Harbor.

The Rural Business-Cooperative Service (RBS) is revising its program regulations to correct an inadvertent omission in a sentence concerning eligibility of debt refinancing. The words ``existing lender debt'' will be added to a sentence that currently limits refinancing to less than 50 percent of the overall loan. The intended effect is to limit existing lender debt refinancing to less than 50 percent of the overall loan.

In response to requests from members of the public, NMFS extends the public comment period on an advance notice of proposed rulemaking (ANPR) regarding potential amendments to regulatory requirements for turtle excluder devices (TEDs) for an additional 60 days, through May 18, 2007, for the purpose of receiving comments on the ANPR, published in the Federal Register on February 15, 2007.

This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) model helicopters that requires replacing a certain hydraulic drive belt (drive belt). Also required is reducing the lubrication time interval for a certain hydraulic pump drive shaft (drive shaft). This amendment is prompted by in-flight failures of the drive belt and the drive shaft. The actions specified by this AD are intended to prevent in-flight failure of the drive belt or drive shaft, loss of hydraulic power to the flight control system, and subsequent loss of control of the helicopter.

The Commission is proposing for comment amendments to its net capital, customer protection, books and records, and notification rules for broker-dealers under the Securities Exchange Act of 1934 (``Exchange Act''). The proposed amendments would address several emerging areas of concern regarding the financial requirements for broker-dealers. They also would update the financial responsibility rules and make certain technical amendments.

This rule amends, on an interim basis, provisions of the Mushroom Promotion, Research, and Consumer Information Order (Order) to reapportion membership of the Mushroom Council (Council) to reflect shifts in United States mushroom production. Specifically, the amendments reapportion the Order's four United States geographic regions, and reallocate Council member representation in two of the four United States geographic regions (Regions 1 and 4). The Council, which administers the Order, proposed the amendments in conformance with Order requirements to reviewat least every 5 years and not more than every three years the geographic distribution of United States mushroom production volume and import volume, and recommend changes accordingly. The amendments will be effective for the 2008 Council appointments.

This document amends the delegations of authority from the Secretary of Agriculture to the Under Secretary for Research, Education, and Economics (FEE) to carry out a program of entering into agreements with veterinarians under which they provide veterinary services in veterinarian shortage situations as authorized by the National Veterinary Medical Service Act (NVMSA) (7 U.S.C. 3151a). This rule also further delegates this authority from the Under Secretary for REE to the Administrator of the Cooperative State Research, Education, and Extension Service (CSREES).

The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, November 27, 2006 (71 FR 68438) that amended the Export Administration Regulations (EAR) to add ``Montenegro'' and ``Serbia'' as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. The November 27, 2006, final rule omitted a conforming amendment to the list of States Parties to the Chemical Weapons Convention in the EAR. This document corrects that rule by listing Serbia and Montenegro as separate countries on that list.

The Federal Election Commission (``Commission'') is issuing a Policy Statement to clarify the various ways that the Commission addresses Matters Under Review (``MURs'') at the initial stage of enforcement proceedings. The Commission may take any of the four following actions at this stage: find ``reason to believe,'' ``dismiss,'' ``dismiss with admonishment,'' and find ``no reason to believe.''

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:

This final rule amends the Department of Veterans Affairs (VA) regulation, ``Secretary's delegations of authority to certain officials.'' The amendment updates the regulation governing certain delegations of authority exercised by the Under Secretary for Memorial Affairs. This minor technical amendment provides delegation of authority from the Secretary of Veterans Affairs to the Under Secretary for Memorial Affairs to accept monetary and/or non-monetary gifts and donations, made in any manner, which are made for the purpose of beautifying or benefiting national cemeteries. The authority to accept offers of land will remain with the Secretary of Veterans Affairs.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the Peck's cave amphipod (Stygobromus pecki), Comal Springs dryopid beetle (Stygoparnus comalensis), and Comal Springs riffle beetle (Heterelmis comalensis) (Comal springs invertebrates, or CSI) under the Endangered Species Act of 1973, as amended (Act), and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis forecasts future impacts associated with conservation efforts in areas proposed as critical habitat to be $23.3 million over the next 20 years under scenario 1 (scenario description described in Background), or $152 million under scenario 2 in undiscounted dollars (annualized dollars are estimated at $1.2 million under scenario 1 and $7.6 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 3 percent discount rate are estimated to be $17.1 million over the next 20 years under Scenario 1, or $111.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.5 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 7 percent discount rate are estimated to be $11.9 million over the next 20 years under scenario 1, or $77.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.4 million under scenario 2). It should be noted that the majority of economic impacts quantified in this draft EA are jointly caused by eight endangered species, including the three CSI. Because all of these species reside in the same habitat, separating future impacts of CSI from those of the other listed species in the aquifer is not possible.

Vermont has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Vermont. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through an immediate final action.