April 16, 2007 – Federal Register Recent Federal Regulation Documents

Revisions and Technical Corrections Affecting Requirements for Ex Parte
Document Number: E7-7202
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice relating to ex parte and inter partes reexamination. The Office is designating the correspondence address for the patent as the correct address for all communications for patent owners in an ex parte reexamination or an inter partes reexamination, and simplifying the filing of reexamination papers by providing for the use of a single ``mail stop'' address for the filing of substantially all ex parte reexamination papers (such is already the case for inter partes reexamination papers). The Office is revising the rules to prohibit supplemental patent owner responses to an Office action in an inter partes reexamination proceeding without a showing of sufficient cause. Finally, the Office is making miscellaneous clarifying changes as to terminology and applicability of the reexamination rules. The Office is not implementing its proposal (that was set forth in the proposed rule making) to newly provide for a patent owner reply to a request for reexamination, prior to the Office's decision on the request.
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of Alaska Fishery Resources
Document Number: E7-7193
Type: Proposed Rule
Date: 2007-04-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule for the Central Gulf of Alaska (GOA) rockfish fisheries to revise monitoring and enforcement (M&E) provisions related to catcher/processor vessels harvesting under the opt-out fishery, and to make changes to regulations governing the rockfish fisheries. This action is necessary to clarify procedures and to correct discrepancies in a November 20, 2006, final rule. This proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for groundfish of the Gulf of Alaska (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), and other applicable law.
Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands
Document Number: E7-7192
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (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 fully use the 2007 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI.
Safety Zone: Town of Weymouth Fourth of July Celebration Fireworks, Weymouth, MA
Document Number: E7-7189
Type: Proposed Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a temporary safety zone for the Town of Weymouth's Fourth of July Celebration Fireworks in Weymouth, Massachusetts currently scheduled to occur on June 30, 2007 with a rain date of July 1, 2007 temporarily closing all navigable waters of the Weymouth Fore River within a five hundred (500) yard radius of the fireworks launch barge located at approximate position 42[deg]15.2 N, 070[deg]56.7 W. The safety zone is needed to protect the maritime public from the potential hazards posed by a fireworks display. The safety zone will prohibit entry into or movement within this portion of the Weymouth Fore River during its effective period.
Safety Zone; South Portland, ME, Gulf Blasting Project
Document Number: E7-7187
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is reinstating the temporary safety zone around the blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE. These safety zones are needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with this blasting and dredging project, which is being undertaken to increase the water depth of the Gulf Oil Terminal Berth to 41 feet. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Northern New England.
Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Mississippi Canyon Block 920
Document Number: E7-7186
Type: Proposed Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a 500 meter safety zone around the oil and natural gas production facility Independence Hub in Mississippi Canyon Block 920 of the Outer Continental Shelf in the Gulf of Mexico. This safety zone is needed to protect the crew of the Independence Hub and vessels operating in the vicinity of the facility. Vessels are prohibited from entering this proposed safety zone with the following exceptions: an attending vessel; a vessel under 100 feet in length overall not engaged in towing; or a vessel authorized by the Eighth Coast Guard District Commander.
Safety Zone; Town of Marblehead Fourth of July Fireworks Display, Marblehead Harbor, MA
Document Number: E7-7185
Type: Proposed Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a temporary safety zone for the Town of Marblehead Fourth of July Fireworks. This safety zone is necessary to protect the life and property of the maritime public from the potential hazards associated with a fireworks display. The safety zone would temporarily prohibit entry into or movement within this portion of Marblehead Harbor during the closure period.
Safety Zone: Satellite Launch, NASA Wallops Flight Facility, Wallops Island, VA
Document Number: E7-7183
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The U. S. Coast Guard is establishing a safety zone in support of a satellite rocket space launch originating from the Mid-Atlantic Regional Spaceport (MARS) Pad 0B launch complex. This action is intended to restrict vessel traffic within 12-nautical miles of Wallops Island, VA as described herein. This safety zone is necessary to facilitate the launch process and protect mariners from the hazards associated with the satellite launch.
Airworthiness Directives; Cessna Aircraft Company Models 150 and 152 Airplanes
Document Number: E7-7180
Type: Proposed Rule
Date: 2007-04-16
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 150 and 152 airplanes. This proposed AD would require replacing the rudder stop, rudder stop bumper, and attachment hardware with a new rudder stop modification kit. This proposed AD also requires replacing the safety wire with jamnuts. This proposed AD results from two accidents where the rudder was found in the over-travel position with the stop plate hooked over the stop bolt heads. We are proposing this AD to prevent the rudder from traveling past the normal travel limit and becoming jammed in the over-travel position. This condition could result in loss of control.
Grapes Grown in a Designated Area of Southeastern California; Change in Reporting Requirements
Document Number: E7-7179
Type: Proposed Rule
Date: 2007-04-16
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on a revision to the reporting requirements established under the California desert grape marketing order, which regulates the handling of grapes grown in a designated area of Southeastern California. The marketing order is administered locally by the California Desert Grape Administrative Committee (CDGAC or committee). This rule would require handlers to provide an annual report to the committee which lists the acreages devoted to grapes for fresh shipment, the owners and locations of the acreages, and varieties produced thereon that the handler will be handling during the upcoming season. This change would allow the committee to collect information on the acreage and varieties of desert grapes regulated under the marketing order, thus improving data collection and the efficient operation of the program.
Safety Zone: Beverly Homecoming Fireworks, Beverly, MA.
Document Number: E7-7177
Type: Proposed Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a temporary safety zone for the Town of Beverly Homecoming Fireworks in Beverly, Massachusetts currently scheduled to occur on August 5, 2007 temporarily closing all navigable waters of Beverly Harbor within a five hundred (500) yard radius of the fireworks launch barge located at approximate position 42[deg] 32.650 N, 070[deg] 51.980 W. The safety zone is needed to protect the maritime public from the potential hazards posed by a fireworks display. The safety zone will prohibit entry into or movement within this portion of Beverly Harbor during its effective period.
Drawbridge Operation Regulation; Venetian Causeway (West) Drawbridge, Atlantic Intracoastal Waterway, Mile 1088.6, and Venetian Causeway (East) Drawbridge, Biscayne Bay, Miami, Miami-Dade County, FL
Document Number: E7-7157
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating regulations governing the Venetian Causeway (West) drawbridge, Atlantic Intracoastal Waterway, mile 1088.6, and Venetian Causeway (East) drawbridge, Biscayne Bay, Miami, Miami-Dade County, Florida. This rule requires these drawbridges to open on signal, except that from 7 a.m. to 7 p.m., Monday through Friday, except Federal holidays the drawbridges will open on the hour and half-hour. This rule changes the Federal holiday dates and aligns them with all Federal holidays.
Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT
Document Number: E7-7156
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at New Haven, Connecticut. This deviation, allows the bridge owner to keep one of the two moveable bascule spans in the closed position from April 16, 2007 through September 27, 2007. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulations; Reynolds Channel, Lawrence, NY
Document Number: E7-7155
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Atlantic Beach Bridge across Reynolds Channel, mile 0.4, at Lawrence, New York. Under this temporary deviation a one-hour advance notice will be required for bridge openings from April 9, 2007 through April 27, 2007, between 7 a.m. and 3:30 p.m., daily. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA
Document Number: E7-7152
Type: Rule
Date: 2007-04-16
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the P.J. McArdle Bridge across the Chelsea River at mile 0.3, between Chelsea and East Boston, Massachusetts. Under this temporary deviation, the bridge may remain in the closed position from 8 a.m. to 5 p.m., on June 16, 2007. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate the annual Chelsea River Revel and 5K Road Race.
Petitioning Requirements for the O and P Nonimmigrant Classifications
Document Number: E7-7134
Type: Rule
Date: 2007-04-16
Agency: Department of Homeland Security
This final rule amends Department of Homeland Security regulations to permit petitioners to file O and P nonimmigrant petitions up to one year prior to the petitioner's need for the alien's services. This amendment will enable petitioners who are aware of their need for the services of an O or P nonimmigrant well in advance of a scheduled event, competition, or performance to file their petitions under normal processing procedures. This way, petitioners will be better assured that they will receive a decision on their petitions in a timeframe that will allow them to secure the services of the O or P nonimmigrant when such services are needed.
Alternative Fuel Transportation Program; Alternative Compliance
Document Number: E7-7133
Type: Rule
Date: 2007-04-16
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
This notice announces the availability of a Department of Energy (DOE) document that provides guidelines to fleets covered by 10 CFR Part 490 (covered fleets) for submission of an application for a waiver from the alternative fuel vehicle acquisition requirements. In order to obtain a waiver, the requesting covered fleet must show that in lieu of the alternative fuel vehicle acquisitions, it will reduce petroleum consumption in its vehicle fleet by an amount that would equal 100 percent alternative fuel use in all of its existing covered light-duty vehicles. The guidelines provide instructions on making such a showing and illustrate the processing of a waiver request.
TRICARE; Expansion of Geographic Scope of the TRICARE Retiree Dental Program (TRDP)
Document Number: E7-7132
Type: Proposed Rule
Date: 2007-04-16
Agency: Office of the Secretary, Department of Defense
This proposed rule expands the geographic scope of the TRICARE Retiree Dental Program (TRDP) to overseas locations not currently covered by the program. At this time, TRDP is only applicable in the 50 United States and the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. Expanding the geographic scope of the program will ensure that all TRICARE-eligible retirees are eligible for the same dental benefits, regardless of their location. There are no additional Government costs associated with this proposed expansion of TRDP overseas as TRDP costs are borne entirely by enrollees through premium payments.
Correspondence With the Madrid Processing Unit of the United States Patent and Trademark Office
Document Number: E7-7116
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) revises the rules of practice to change the address for correspondence with the Madrid Processing Unit of the Office. The Office relocated to Alexandria, Virginia, in 2004, and hereby changes the address for correspondence with the Office relating to filings pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to an Alexandria, Virginia address.
Public Availability of Information
Document Number: E7-7103
Type: Rule
Date: 2007-04-16
Agency: National Transportation Safety Board, Agencies and Commissions
The NTSB is updating its regulations regarding the availability of information. This amendment updates the NTSB regulations that implement the Freedom of Information Act (FOIA) and Privacy Act, notifies the public of changes in the NTSB's Freedom of Information Act processing procedures and, in general, advises the public on the availability of information from NTSB accident investigations.
Prohibition on the Exportation, Melting, or Treatment of 5-Cent and One-Cent Coins
Document Number: E7-7088
Type: Rule
Date: 2007-04-16
Agency: Monetary Offices, Department of Treasury, Department of the Treasury
To protect the coinage of the United States, the United States Mint is adopting a final rule that prohibits the exportation, melting, and treatment of 5-cent and one-cent coins. This rule is issued pursuant to 31 U.S.C. 5111(d), which authorizes the Secretary of the Treasury to prohibit or limit the exportation, melting, or treatment of United States coins when the Secretary decides the prohibition or limitation is necessary to protect the coinage of the United States. This rule's purpose is to ensure that sufficient quantities of 5-cent and one-cent coins remain in circulation to meet the needs of the United States.
Certification and Funding of State and Local Fair Housing Enforcement Agencies
Document Number: E7-7087
Type: Rule
Date: 2007-04-16
Agency: Department of Housing and Urban Development
This final rule revises and updates HUD's regulation implementing section 810(f) of the federal Fair Housing Act. This regulation establishes the criteria for certification of state and local fair housing laws that are substantially equivalent to the federal Fair Housing Act, as well as for decertification of state and local fair housing laws that are deemed no longer substantially equivalent. This final rule also revises the funding criteria for agencies participating in the Fair Housing Assistance Program (FHAP).
Preventing Undue Discrimination and Preference in Transmission Service
Document Number: E7-7085
Type: Rule
Date: 2007-04-16
Agency: Department of Energy, Federal Energy Regulatory Commission
On February 16, 2007, the Federal Energy Regulatory Commission issued Order No. 890, which amended the regulations and the pro forma open access transmission tariff (OATT). The Commission's staff is convening technical conferences to review and discuss the ``strawman'' proposals regarding the processes for transmission planning required by the Final Rule.
Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments
Document Number: E7-7063
Type: Rule
Date: 2007-04-16
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.
Standard Instrument Approach Procedures; Miscellaneous Amendments
Document Number: E7-7061
Type: Rule
Date: 2007-04-16
Agency: Federal Aviation Administration, Department of Transportation
This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed 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; Rolls-Royce plc RB211 Series Turbofan Engines
Document Number: E7-7032
Type: Rule
Date: 2007-04-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an existing airworthiness directive (AD) for Rolls-Royce plc (RR) RB211-22B series, RB211-524B, -524C2, -524D4, -524G2, -524G3, and -524H series, and RB211-535C and -535E series turbofan engines with high pressure compressor (HPC) stage 3 disc assemblies, part numbers (P/Ns) LK46210, LK58278, LK67634, LK76036, UL11706, UL15358, UL22577, UL22578, and UL24738 installed. That AD currently requires removing from service certain disc assemblies before they reach their full published life if not modified with anticorrosion protection. This AD requires the same actions but relaxes the removal compliance time for certain disc assemblies that have a record of detailed inspection. This AD results from the FAA allowing certain affected disc assemblies that entered into service before 1990 that have a record of detailed inspections, to remain in service for a longer period than the previous AD allowed. We are issuing this AD to relax the compliance time for certain disc assemblies and track the disc life based on a detailed inspection rather than by its entry into service date, while continuing to prevent corrosion-induced uncontained disc assembly failure, resulting in damage to the airplane.
Medicare Program; Revisions to Payment Policies, Five-Year Review of Work Relative Value Units, and Changes to the Practice Expense Methodology Under the Physician Fee Schedule, and Other Changes to Payment Under Part B; Correcting Amendment
Document Number: E7-6989
Type: Rule
Date: 2007-04-16
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This correcting amendment corrects several technical and typographical errors in the final rule with comment period that appeared in the December 1, 2006 Federal Register (71 FR 69624). The final rule with comment period addressed Medicare Part B payment policy, including the physician fee schedule (PFS) that is applicable for calendar year (CY) 2007; payment for covered outpatient drugs and biologicals; payment for renal dialysis services; and policies related to independent diagnostic testing facilities (IDTFs). The final rule with comment period also updated the list of certain services subject to the physician self-referral prohibitions.
Commerce Debt Collection
Document Number: E7-6699
Type: Rule
Date: 2007-04-16
Agency: Office of the Secretary, Department of Commerce
This rule revises the Department of Commerce (Commerce Department or Commerce) debt collection regulations to conform to the Debt Collection Improvement Act of 1996, the revised Federal Claims Collection Standards, and other laws applicable to the collection of non-tax debts owed to the Commerce Department. This rule also revises Commerce's regulations governing the offset of Commerce-issued payments to collect debts owed to other Federal agencies.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2007 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch
Document Number: 07-1883
Type: Proposed Rule
Date: 2007-04-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized allocation of up to 20 percent of the annual Georges Bank (GB) cod total allowable catch (TAC) to the GB Cod Hook Sector (Sector). Pursuant to that authorization, the Sector has submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Hook Sector Fishing Year 2007-2008 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and has requested an allocation of GB cod, consistent with regulations implementing Amendment 13. A Supplemental Environmental Assessment has also been prepared. This document provides interested parties an opportunity to comment on the proposed Sector Agreement prior to final approval or disapproval of the Sector Operations Plan and allocation of GB cod TAC to the Sector for the 2007 fishing year (FY).
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2007 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch
Document Number: 07-1882
Type: Proposed Rule
Date: 2007-04-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) created the Georges Bank (GB) Cod Fixed Gear Sector (Fixed Gear Sector) and authorized allocation of up to 20 percent of the annual GB cod total allowable catch (TAC) to the Fixed Gear Sector. Pursuant to that authorization, a representative of the Fixed Gear Sector has submitted an Operations Plan, Sector Agreement (Contract) and requested an allocation of GB cod to the Fixed Gear Sector for fishing year 2007 (FY 2007). A Supplemental Environmental Assessment (EA) has also been prepared. This document provides interested parties an opportunity to comment on the proposed Sector Operations Plan and EA prior to final approval or disapproval of the Sector Operations Plan and allocation of GB cod TAC to the Fixed Gear Sector for FY 2007.
Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches
Document Number: 07-1867
Type: Rule
Date: 2007-04-16
Agency: Agricultural Marketing Service, Department of Agriculture
This rule eliminates grade, size, maturity, pack, container and inspection requirements for all California nectarines and peaches except those packed in containers labeled ``California Well Matured'' or ``CA WELL MAT''. This rule also makes seasonal adjustments to the handling requirements applicable to well matured fruit. Finally, this rule removes certain handler reporting requirements that are deemed no longer necessary. The marketing orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule should reduce handler costs while enabling handlers to continue to meet the demands of their buyers.
Special Conditions: Boeing Model 787-8 Airplane; Systems and Data Networks Security-Protection of Airplane Systems and Data Networks From Unauthorized External Access
Document Number: 07-1838
Type: Proposed Rule
Date: 2007-04-16
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes special conditions for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The architecture of the Boeing Model 787-8 systems and networks allows access to external systems and networks, including the public Internet. On-board wired and wireless devices may also have access to parts of the airplane's digital systems that provide flight critical functions. These new connectivity capabilities may result in security vulnerabilities to the airplane's critical systems. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards for protection and security of airplane systems and data networks against unauthorized access. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.
Special Conditions: Dassault Aviation, Model Falcon 7X; Design Roll Maneuvering Conditions
Document Number: 07-1809
Type: Rule
Date: 2007-04-16
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Dassault Aviation Falcon 7X airplane. This airplane will have a novel or unusual design feature associated with an electronic fly-by-wire flight control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
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