March 2007 – Federal Register Recent Federal Regulation Documents

The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 747 and 767 airplanes. The original NPRM would have required reworking the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank of certain Boeing Model 747 airplanes, and between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks of certain Boeing Model 767 airplanes. The original NPRM would also have required related investigative actions and corrective actions if necessary. The original NPRM resulted from fuel system reviews conducted by the manufacturer. This action revises the original NPRM by adding an inspection requirement for certain Model 747 airplanes, and by specifying cold-working the fastener holes for certain other Model 747 airplanes. We are proposing this supplemental NPRM to prevent insufficient electrical bonding, which could result in a potential of ignition sources inside the fuel tanks, and which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

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 keel beam rupture, which affects the structural integrity of the area. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes. This proposed AD would require an inspection of the fillet sealant at the inboard and outboard sides of the receptacles in the wheel wells of the main landing gear, and related investigative/ corrective actions if necessary. This proposed AD results from reports of in-production airplanes with missing or insufficient fillet sealant around the receptacles at the disconnect bracket. We are proposing this AD to prevent corrosion damage due to missing or insufficient fillet sealant. Such corrosion could result in insufficient electrical bonding between the connectors and the disconnect bracket, and consequent loss of the shielding that protects the wire bundles from lightning, electromagnetic interference (EMI), and high intensity radiated field (HIRF). Loss of lightning, EMI, and HIRF protection at those receptacles could cause failure of multiple electrical systems and subsequent loss of several critical control systems that are necessary for safe flight. In addition, a lightning strike could cause arcing in the fuel tank; this potential ignition source, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The Food and Drug Administration (FDA) is reopening until May 14, 2007, the comment period for the proposed rule published in the Federal Register of January 12, 2007 (72 FR 1582). The proposed rule would prohibit the use of certain cattle material in, or in the manufacture (including processing) of, drugs, biologics, and medical devices intended for use in humans and human cells, tissues, and cellular and tissue-based products (HCT/Ps) (collectively, medical products for humans), and in drugs intended for use in ruminant animals (drugs for ruminants) and would also require new recordkeeping provisions for medical products for humans and drugs for ruminants that are manufactured from or otherwise contain material from cattle. The agency is reopening the comment period in response to a request for more time to enable industry to generate more information on products that might be affected by the rule.

The Occupational Safety and Health Administration (OSHA) invites interested parties to participate in or observe informal stakeholder meetings on Occupational Exposure to Ionizing Radiation. These meetings are a continuation of OSHA's information collection efforts on ionizing radiation.

These proposed regulations provide guidance relating to the determination of the amount of taxes paid for purposes of section 901. The proposed regulations affect taxpayers that claim direct and indirect foreign tax credits. This document also provides notice of a public hearing.

The Federal Trade Commission (the ``Commission'' or ``FTC'') amends its Trade Regulation Rule entitled ``Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures'' (``Franchise Rule'' or ``Rule'') to streamline the Rule, minimize compliance costs, and to respond to changes in new technologies and market conditions in the offer and sale of franchises. Part 436 sets forth those amendments to the Franchise Rule pertaining to the offer and sale of franchises. Part 437 sets forth a revised form of the original Franchise Rule pertaining solely to the offer and sale of business opportunities. This document provides background on the Franchise Rule and this proceeding; discusses the public comments the Commission received; and describes the amendments the Commission is making based on the record. This document also contains the text of the final amended Rule and the Rule's Statement of Basis and Purpose (``SBP''), including a Regulatory Analysis.

This is a recommended decision regarding proposed amendments to Marketing Order No. 915 (order), which regulates the handling of avocados grown in Florida. The amendments were proposed by the Florida Avocado Administrative Committee (Committee), which is responsible for local administration of the order. The amendments included in this recommended decision would: add authority for the Committee to borrow funds; revise voting requirements for changing the assessment rate; allow for District 1 nominations to be conducted by mail; and add authority for the Committee to accept voluntary contributions. The proposed amendments are intended to improve the operation and functioning of the marketing order program. This recommended decision invites written exceptions on the proposed amendments. This rule also announces AMS's intention to request approval by the Office of Management and Budget (OMB) of a new information collection.

EPA is approving two revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. These revisions consist of: changes to Arizona's Basic and Enhanced Vehicle Emissions Inspection Programs to exempt collectible vehicles in the Phoenix metropolitan area, and collectible vehicles and motorcycles in the Tucson metropolitan area, from emissions testing requirements; an updated performance standard evaluation for the vehicle emissions inspection program in the Phoenix area; and new contingency measures. EPA is approving these two state implementation plan revisions because they meet all applicable requirements of the Clean Air Act and EPA's regulations and because the exemptions will not interfere with attainment or maintenance of the national ambient air quality standards in the two affected areas. EPA is finalizing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to exempt these vehicle categories from the emissions testing requirements of the State's vehicle emissions inspection programs as approved for the Phoenix and Tucson areas but also to provide a mechanism to reinstate the requirements in the event of a violation of the carbon monoxide national ambient air quality standard in the Phoenix or Tucson area.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to change the provision regarding certification regarding debarment, suspension, proposed debarment, and other responsibility matters, and to make changes to the language regarding contractor qualifications, to add language regarding nonpayment of taxes. This proposed rule requires offerors to also certify whether or not they have, within a three-year period preceding the offer, been convicted of or had a civil judgment rendered against them for violating any tax law or failing to pay any tax, or been notified of any delinquent taxes for which the liability remains unsatisfied. In addition, the offeror will be required to certify whether or not they have received a notice of a tax lien filed against them for which the liability remains unsatisfied or the lien has not been released.

This notice proposes to establish Class D and E4 airspace at Aguadilla, PR. A Federal contract tower with a weather reporting system is being constructed at Rafael Hernandez Airport. Therefore, the airport will meet criteria for Class D and E4 airspace Class D and E4 surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D and E4 airspace extending upward from the surface to and including 2,700 feet MSL within a 4.5-mile radius of the airport and within 2.4 miles each side of the Borinquen VORTAC 257[deg] radial extending from the 4.5 mile radius to 7 miles west of the VORTAC.

In this final rule the Postal Service provides new mailing standards to support most of the pricing change recommended by the Postal Regulatory Commission and approved by the Governors of the United States Postal Service. We will implement most of the new prices on May 14, 2007. We will implement new prices and mailing standards for Periodicals mail on July 15, 2007. Our pricing change includes a new ``forever stamp'' to make future price changes more convenient for consumers. The forever stamp will always equal the First-Class Mail single piece 1-ounce letter price. We also offer new shape-based prices for First-Class Mail, with lower rates for letter-size pieces over 1 ounce. We make the Priority Mail flat-rate boxes a permanent product offering, and we add a new 1-pound price for Express Mail. For commercial mailers we offer new sorting options to reduce the number of trays in a mailing of letter-size pieces. We also offer new scheme preparations to give mailers access to lower rates and to better align flat-size mail preparation with mail processing. We add a new automated Address Change Service option to reduce the costs associated with undeliverable-as-addressed mail. First-Class Mail parcel mailers have new barcode options, and we provide new opportunities for mailers to combine Standard Mail Not Flat-Machinable pieces, Standard Mail parcels, and Package Services parcels in the same mailing.

NMFS issues a proposed rule to amend regulations supporting the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to revise requirements for the facilitation of observer data transmission and improve inseason support for observers. The proposed rule would promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs).

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule modifying the grade and maturity requirements for potatoes handled under the Colorado potato marketing order, Area No. 2. The marketing order regulates the handling of Irish potatoes grown in Colorado and is administered locally by the Colorado Potato Administrative Committee, Area No. 2 (Committee). This rule continues in effect the action that relaxed the minimum grade requirement from U.S. No. 1 grade to U.S. Commercial grade for all Area No. 2 potato varieties, other than round, red-skinned varieties, measuring from 1\1/2\-inch minimum diameter to 2\1/4\-inch maximum diameter (size B), and 1-inch minimum diameter to 1\3/4\-inch maximum diameter. This rule also continues in effect the action that changed the date minimum maturity requirements are implemented from August 25 to August 1 of each year. These changes are intended to facilitate the handling and marketing of Colorado Area No. 2 potatoes.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Ohio on February 14, 2006 and October 6, 2006, establishing a lower Reid Vapor Pressure (RVP) fuel requirement for gasoline distributed in the Cincinnati and Dayton 8- hour ozone nonattainment areas. Ohio has developed these fuel requirements to reduce emissions of volatile organic compounds (VOC) in accordance with the requirements of the Clean Air Act (CAA). EPA is proposing to approve Ohio's fuel requirements into the Ohio SIP because EPA has found that the requirements are necessary for the Cincinnati and Dayton areas to achieve the 8-hour ozone national ambient air quality standard (NAAQS). This action is being taken under section 110 of the CAA.

This ANPRM asks for public comment on hazardous air pollutant emissions and other model input data that EPA intends to use to assess residual risk from selected industrial major source categories, as required by the Clean Air Act. Specifically, the data are comprised of hazardous air pollutant emission estimates and emission release parameters for 22 industrial source categories subject to 12 national emission standards for hazardous air pollutants for hazardous air pollutants with compliance dates of 2002 and earlier. The source of this information is the February 2006 version of the 2002 National Emissions Inventory, updated with some facility-specific data collected by EPA. We are seeking comment on the emissions and source data found at the Risk and Technology Review Web site and we are providing the opportunity for the public to submit technical corrections and updates. Following review of comments received, we will update the data, as appropriate, and assess risk for these source categories. We will use these risk estimates and our evaluation of the availability, cost, and feasibility of emissions reduction options to determine the ample margin of safety for residual risk and to fulfill our obligations to conduct a technology review. We currently anticipate using the results of these risk estimates along with review of control technology as the basis for our decisions on whether to propose additional standards to address residual risk for each source category. There will be opportunity for oral and written comment on any additional standards when we publish our Notice of Proposed Rulemaking (NPRM). We anticipate proposing the results of this risk and technology review for these 22 source categories by fall 2007.

This rule increases the assessment rate established for the Cranberry Marketing Committee (Committee) for the 2006-2007 fiscal year and subsequent fiscal years from $0.18 to $0.28 per barrel. Authorization to assess cranberry handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The Committee locally administers the marketing order which regulates the handling of cranberries grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. The fiscal year began September 1, 2006, and ends August 31, 2007. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions of the United States Standards for Grades of Florida Avocados. At a meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result AMS is considering revisions to the Florida Avocado standard to include all avocados.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as threatened or endangered, under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, with the publication of this notice, we are initiating status reviews of these species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review of the Siskiyou Mountains and Scott Bar salamanders is comprehensive, we are soliciting scientific and commercial data regarding these species. A determination on critical habitat will be made if and when a listing action is initiated for these species.

The Food and Drug Administration (FDA) is issuing a final rule establishing that over-the-counter (OTC) laxative drug products in granular dosage form containing the bulk-forming psyllium ingredients (psyllium (hemicellulose), psyllium hydrophilic mucilloid, psyllium seed, psyllium seed (blond), psyllium seed husks, plantago ovata husks, and plantago seed) are not generally recognized as safe and effective (GRASE) and are misbranded. This final rule includes, but is not limited to, any granules that are swallowed dry prior to drinking liquid; dispersed, suspended, or partially dissolved in liquid prior to swallowing; chewed, partially chewed, or unchewed, and then washed down (or swallowed) with liquid; or sprinkled over food. FDA is issuing this final rule after considering reports of esophageal obstruction associated with the use of psyllium laxatives in granular dosage form. These cases continue to occur despite efforts to promote safe use through label warnings and directions. This final rule does not apply to psyllium laxatives in nongranular dosage forms, such as powders, tablets, or wafers. This final rule is part of FDA's ongoing review of OTC drug products.

This document contains final regulations relating to the capitalization of costs under the simplified service cost method and the simplified production method provided by the Income Tax Regulations. For taxpayers that use the simplified service cost method or the simplified production method, the regulations clarify when self- constructed assets are produced on a routine and repetitive basis in the ordinary course of their businesses.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100, DHC-8-200, and DHC-8-300 series airplanes. This proposed AD would require, for certain airplanes, modification of the upper bearing of the main landing gear (MLG) shock strut. This proposed AD would also require, for certain airplanes, revising the DHC-8 Maintenance Program Manual to include the MLG shock strut servicing task. This proposed AD results from reports of over-extension of the MLG shock strut piston, which allows the torque links to go over-center and rest on the piston. We are proposing this AD to prevent loss in shock absorption during touchdown and failure of the shock strut housing, which could result in a subsequent loss of directional control.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Airbus Model A319-100 and A320- 200 series airplanes. The original NPRM would have required repetitive inspections of the wing-tank fuel pumps, canisters, and wing fuel tanks for detached identification labels, and corrective action if necessary. The original NPRM resulted from several incidents of detached plastic identification labels found floating in the wing fuel tanks. This action revises the original NPRM by expanding the applicability and mandating modification of the fuel strainers at the fuel pump and suction bypass intakes. We are proposing this supplemental NPRM to prevent plastic identification labels being ingested into the fuel pumps and consequently entering the engine fuel feed system, which could result in an engine shutdown.

EPA is proposing to approve revisions to Indiana's State Implementation Plan (SIP) submitted on August 25, 2006, revising its existing emission reporting rule to be consistent with the emission statement program requirements for stationary sources in the Clean Air Act (CAA). Indiana held public hearings on the submittal on December 7, 2005, and March 1, 2006.