April 3, 2007 – Federal Register Recent Federal Regulation Documents

Microbiology Devices; Reclassification of Herpes Simplex Virus Types 1 and 2 Serological Assays
Document Number: E7-6167
Type: Rule
Date: 2007-04-03
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is reclassifying herpes simplex virus (HSV) types 1 and/or 2 (HSV 1 and 2) serological assays from class III (premarket approval) to class II (special controls). FDA had earlier proposed this reclassification on its own initiative based on new information. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a class II special controls guidance entitled ``Class II Special Controls Guidance Document: Herpes Simplex Virus Types 1 and 2 Serological Assays.''
Safety Zone: Celebration 2007, Appomattox River, Hopewell, VA
Document Number: E7-6158
Type: Rule
Date: 2007-04-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a 600 foot radius safety zone in the vicinity of Hopewell, VA centered on position 37[deg]-19'-11'' N/077[deg]-16'-55'' W on May 12, 2007 in support of the Celebration 2007 event. This action is intended to restrict vessel traffic movement on the Appomattox River to protect mariners from the hazards associated with fireworks displays.
Sudanese Sanctions Regulations; Iranian Transactions Regulations
Document Number: E7-6155
Type: Rule
Date: 2007-04-03
Agency: Department of the Treasury, Office of Foreign Assets Control, Foreign Assets Control Office, Department of Treasury
The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the Sudanese Sanctions Regulations, 31 CFR part 538, and the Iranian Transactions Regulations, 31 CFR part 560, to authorize the exportation or reexportation, directly or indirectly, from the United States or by a U.S. person, wherever located, of any goods or technology to a third-country government, or to its contractors or agents, for shipment to, respectively, Sudan or Iran via a diplomatic pouch.
Amendment of the International Traffic in Arms Regulations: Policy With Respect to Vietnam
Document Number: E7-6149
Type: Rule
Date: 2007-04-03
Agency: Department of State
Notice is hereby given that the Department of State is amending the International Traffic in Arms Regulations (ITAR) regarding Vietnam at 22 CFR 126.1 to make it United States policy to consider on a case-by-case basis licenses, other approvals, exports or imports of non-lethal defense articles and defense services destined for or originating in Vietnam. The United States will deny licenses, other approvals, exports or imports of lethal defense articles and services destined for or originating in Vietnam. Under this policy, the exports of lethal-end items, components of lethal-end items (unless those components are non-lethal, safety-of-use spare parts for lethal-end items), non-lethal crowd control defense articles and defense services, and night vision devices to end-users with a role in ground security will not be approved.
Drawbridge Operation Regulations; Norwalk River, Norwalk, CT
Document Number: E7-6144
Type: Proposed Rule
Date: 2007-04-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the drawbridge operating regulations governing the operation of the Washington Street S136 Bridge, mile 0.0, across the Norwalk River at Norwalk, Connecticut. This proposed rule would allow the bridge to remain in the closed position to facilitate the running of the annual Norwalk River Fun Run held on the first Saturday morning in December, with a rain date for the next day in the event of inclement weather. This rule is necessary to facilitate safety of race participants and the uninterrupted running of the event.
Cut Flowers From Countries With Chrysanthemum White Rust
Document Number: E7-6128
Type: Rule
Date: 2007-04-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of chrysanthemum white rust (CWR) from countries where the disease is known to occur. We are also amending the nursery stock regulations to update lists of countries where CWR is known to occur. We are making these changes in order to make our cut flowers and nursery stock regulations consistent. This action is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR in the United States.
Airworthiness Directives; Mitsubishi Heavy Industries MU-2B Series Airplanes
Document Number: E7-6121
Type: Proposed Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directives (AD) 93-07-11 and AD 94-04-16, which apply to certain Mitsubishi Heavy Industries MU- 2B Series airplanes. AD 93-07-11 and AD 94-04-16 currently require you to reduce the maximum deflection of the elevator nose-down trim to a 1- degree to 3-degree range. When the above AD actions were issued, there was no associated elevator trim indicator change. Without such change, the trim reaches the maximum nose-down limit and the indicator still shows additional nose-down trim available. In attempting to force additional nose-down trim, pilots have manually jammed the trim system preventing subsequent electric trim changes until the pilot manually freed the trim wheel. Consequently, this proposed AD would retain the actions from AD 93-07-11 and AD 94-04-16 and add the action of modifying the elevator trim indicator scale dial to be consistent with the reduced elevator trim capability. We are proposing this AD to prevent the above scenarios from occurring with consequent loss of control.
Revision of Class E Airspace; Pinedale, WY
Document Number: E7-6100
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
This technical amendment corrects a final rule published in the Federal Register on July 24, 2006 (71 FR 41728), Docket No. FAA- 2005-23361, Airspace Docket No. 05-ANM-17. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. Also, the corresponding date that refers to the date the Order was signed was omitted. The final rule should state ``* * * dated September 1, 2006 * * *'' (prior to the effective date), instead of ``* * * updated yearly * * *''. This technical amendment corrects those errors.
Amendment to Class E Airspace; Kalispell, MT
Document Number: E7-6098
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
This technical amendment corrects a final rule published in the Federal Register on July 24, 2006 (71 FR 41727), Docket No. FAA- 2005-23157, Airspace Docket No. 05-ANM-15. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. Also, the corresponding date that refers to the date the Order was signed was omitted. The final rule should state ``* * * dated September 1, 2006 * * *'' (prior to the effective date), instead of ``* * * updated yearly * * *'' This technical amendment corrects those errors.
Security Zone; Georgetown Channel, Potomac River, Washington, DC
Document Number: E7-6097
Type: Rule
Date: 2007-04-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a permanent security zone on the waters of the upper Potomac River. This action is necessary to provide for the security of a large number of visitors to the annual July 4th celebration on the National Mall in Washington, DC. The security zone will allow for control of a designated area of the river and safeguard spectators and high-ranking officials.
Special Local Regulation for Marine Events; Roanoke River, Plymouth, NC
Document Number: E7-6096
Type: Rule
Date: 2007-04-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary special local regulations during the ``Plymouth Drag Boat Race'', a power boat race to be held on the waters of the Roanoke River, Plymouth, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Roanoke River adjacent to Plymouth, North Carolina during the power boat race.
Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs; Federal Agricultural Mortgage Corporation Disclosure and Reporting Requirements; Risk-Based Capital Requirements; Effective Date
Document Number: E7-6076
Type: Rule
Date: 2007-04-03
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA) published a final rule under parts 652 and 655 on December 26, 2006 (71 FR 77247). This final rule is intended to more accurately reflect risk in the risk-based capital stress test (RBCST) in order to improve the RBCST's output Federal Agricultural Mortgage Corporation's regulatory minimum risk- based capital level. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is March 31, 2007.
Federal Management Regulation; FMR Case 2007-102-2, Sale of Personal Property-Federal Asset Sales (FAS) Sales Centers
Document Number: E7-6068
Type: Proposed Rule
Date: 2007-04-03
Agency: General Services Administration, Agencies and Commissions
The General Services Administration is amending the Federal Management Regulation (FMR) by adding provisions for the sale of personal property through Federal Asset Sales (FAS) Sales Centers.
Airworthiness Directives; Columbia Aircraft Manufacturing (Previously the Lancair Company) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
Document Number: E7-6011
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Columbia Aircraft Manufacturing (previously The Lancair Company) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. This AD requires you to add information to the Limitations section of the Airplane Flight Manual (AFM). This AD also requires you to repetitively inspect the aileron and the elevator linear bearings and control rods for foreign object debris, scarring, or damage and take all necessary corrective actions. This AD results from reports of possible foreign object contamination of the linear bearings. We are issuing this AD to prevent jamming in the aileron and elevator control systems, which could result in failure. This failure could lead to loss of control.
Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments
Document Number: E7-5952
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airworthiness Directives; Gulfstream Aerospace LP Model Gulfstream 200 Airplanes
Document Number: E7-5898
Type: Rule
Date: 2007-04-03
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) 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:
Airworthiness Directives; Boeing Model 777 Airplanes
Document Number: E7-5897
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 777 airplanes. This AD requires a one-time inspection to determine the part number of the left and right air supply and cabin pressure controllers (ASCPCs) and installation of new ASCPC software if necessary. This AD results from a report of an ASCPC failure during flight. We are issuing this AD to prevent an ASCPC failure that could stop airflow into the airplane, inhibit the cabin altitude warning message, and cause an incorrect display of cabin altitude. These failures could result in depressurization of the airplane without warning.
Airworthiness Directives; Honeywell Flight Management Systems (FMSs) Served by Honeywell NZ-2000 Navigation Computers Approved Under Technical Standard Order (TSO) TSO-C115a, and IC-800 Integrated Avionics Computers Approved Under TSOs C9c, C52a, and C115a; as Installed on Various Transport Category Airplanes
Document Number: E7-5896
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Honeywell FMSs served by Honeywell NZ-2000 navigation computers and IC- 800 integrated avionics computers. This AD requires identifying affected computers by part number and software modification level and revising the Limitations section of applicable airplane flight manuals to provide procedures for retaining optimum position determination and intended navigation. This AD results from reports of in-flight unannunciated shifts of computed position in airplanes with the subject flight management system (FMS) computers. We are issuing this AD to prevent a shift in the FMS computed position, which could result in uncommanded deviations from the intended flight path of the airplane and, if those deviations are undetected by the flight crew, compromised terrain/traffic avoidance.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes
Document Number: E7-5886
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A318-100, A319-100, A320- 200, A321-100, and A321-200 series airplanes; and Model A320-111 airplanes. That AD currently requires modification of the electrical bonding of all structures and systems installed inside the center fuel tank. This new AD requires modification of additional bonding points inside the center fuel tank. This AD results from a report that additional bonding points need to be modified in order to prevent electrical arcing in the center fuel tank. We are issuing this AD to prevent electrical arcing in the center fuel tank due to inadequate bonding, which could result in an explosion of the center fuel tank and consequent loss of the airplane.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes
Document Number: E7-5885
Type: Rule
Date: 2007-04-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model ERJ 170 airplanes. This AD requires replacing the mini-latches on certain lavatory waste compartment doors with new, stronger latches, and other specified actions. This AD results from reports of certain lavatory waste compartment doors opening during flight due to movement of the waste compartment during takeoff, because the mini-latches installed on the doors of those compartments lose their strength over time. We are issuing this AD to prevent the inability of the waste compartment doors to adequately contain a fire inside the lavatory waste compartment, and consequent uncontained fire and smoke within a lavatory during flight.
Endangered and Threatened Wildlife and Plants; Reopening of Public Comment Periods for the Proposed Designations of Critical Habitat for the Coastal California Gnatcatcher and the San Diego Fairy Shrimp
Document Number: E7-5743
Type: Proposed Rule
Date: 2007-04-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) announce the reopening of the public comment period on our April 24, 2003, proposed rule (68 FR 20228) to designate critical habitat for the coastal California gnatcatcher (Polioptila californica californica) and our April 22, 2003, proposed rule (68 FR 19888) to designate critical habitat for the San Diego fairy shrimp (Branchinecta sandiegonensis). The comment period will provide the public and Federal, State, and local agencies and Tribes with an opportunity to submit in writing updated comments and information on these species and associated habitat, the proposed critical habitat designations, and respective draft economic analyses. Comments relevant to issues identified for consideration in the April 22 and April 24, 2003, proposed critical habitat rules and the April 8, 2004, notice of availability of the draft economic analyses for these species that were previously submitted during one of the prior public comment periods need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. Comments relevant to issues identified in the April 8, 2004, Federal Register notice (69 FR 18515) reopening the comment period on the proposed determination of a Distinct Vertebrate Population Segment for the California gnatcatcher also need not be resubmitted as that determination will be made separately from the critical habitat designations for the coastal California gnatcatcher and San Diego fairy shrimp.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference
Document Number: 07-1648
Type: Rule
Date: 2007-04-03
Agency: Environmental Protection Agency
EPA is updating the materials submitted by Delaware that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, D.C., and the Regional Office.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 07-1631
Type: Rule
Date: 2007-04-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI.
Control of Emissions of Air Pollution From Locomotive Engines and Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder
Document Number: 07-1107
Type: Proposed Rule
Date: 2007-04-03
Agency: Environmental Protection Agency
Locomotives and marine diesel engines are important contributors to our nation's air pollution today. These sources are projected to continue to generate large amounts of particulate matter (PM) and nitrogen oxides (NOX) emissions that contribute to nonattainment of the National Ambient Air Quality Standards (NAAQS) for PM2.5 and ozone across the United States. The emissions of PM and ozone precursors from these engines are associated with serious public health problems including premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. In addition, emissions from locomotives and marine diesel engines are of particular concern, as diesel exhaust has been classified by EPA as a likely human carcinogen. EPA is proposing a comprehensive program to dramatically reduce emissions from locomotives and marine diesel engines. It would apply new exhaust emission standards and idle reduction requirements to diesel locomotives of all typesline-haul, switch, and passenger. It would also set new exhaust emission standards for all types of marine diesel engines below 30 liters per cylinder displacement. These include marine propulsion engines used on vessels from recreational and small fishing boats to super-yachts, tugs and Great Lakes freighters, and marine auxiliary engines ranging from small gensets to large generators on ocean-going vessels. The proposed program includes a set of near- term emission standards for newly-built engines. These would phase in starting in 2009. The near-term program also contains more stringent emissions standards for existing locomotives. These would apply when the locomotive is remanufactured and would take effect as soon as certified remanufacture systems are available (as early as 2008), but no later than 2010 (2013 for Tier 2 locomotives). We are requesting comment on an alternative under consideration that would apply a similar requirement to existing marine diesel engines when they are remanufactured. We are also proposing long-term emissions standards for newly-built locomotives and marine diesel engines based on the application of high-efficiency catalytic aftertreatment technology. These standards would phase in beginning in 2015 for locomotives and 2014 for marine diesel engines. We estimate PM reductions of 90 percent and NOX reductions of 80 percent from engines meeting these standards, compared to engines meeting the current standards. We project that by 2030, this program would reduce annual emissions of NOX and PM by 765,000 and 28,000 tons, respectively. These reductions are estimated to annually prevent 1,500 premature deaths, 170,000 work days lost, and 1,000,000 minor restricted-activity days. The estimated annual monetized health benefits of this rule in 2030 would be approximately $12 billion, assuming a 3 percent discount rate (or $11 billion assuming a 7 percent discount rate). These estimates would be increased substantially if we were to adopt the remanufactured marine engine program concept. The annual cost of the proposed program in 2030 would be significantly less, at approximately $600 million.
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