April 2007 – Federal Register Recent Federal Regulation Documents

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address Contractor Code of Ethics and Business Conduct and the display of Federal agency Office of the Inspector General (OIG) Fraud Hotline Poster. The comment period is extended an additional 30 days to provide additional time for interested parties to review the proposed FAR changes.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the definition of ``cost or pricing data''; change the term ``information other than cost or pricing data'' to ``data other than certified cost or pricing data''; add a definition of ``certified cost or pricing data'' to make the terms and definitions consistent with 10 U.S.C. 2306a and 41 U.S.C. 254b and more understandable to the general reader; change terminology throughout the FAR; and clarify the need to obtain data other than certified cost or pricing data when there is no other means to determine fair and reasonable pricing during price analysis.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Broadcasting Board of Governors (BBG) is publishing as a final rule a regulation governing access to BBG information and records in connection with legal proceedings in which neither the United States nor the BBG is a party. The proposed rule was published for comment in 72 FR 10954 dated March 12, 2007. The BBG received no responses to the proposed rule. The final rule and corresponding regulation establishes guidelines for use in determining whether BBG employees are permitted to testify or to provide records relating to their official duties and procedures that requesters must follow when making demands on, or requests to, a BBG employee for official documents or to provide testimony.

EPA is proposing to approve revisions to the State of Hawaii's (``Hawaii'' or ``State'') operating permit program that amend Hawaii's regulations for insignificant emissions units (IEUs). In an April 1, 2002 Notice of Deficiency published in the Federal Register, EPA notified Hawaii of EPA's finding that Hawaii's provisions for IEUs did not meet minimum Federal requirements. Hawaii has revised its program to correct the deficiency identified in the Notice of Deficiency and this action proposes full approval of those revisions.

EPA is taking direct final action to approve revisions to the Nevada Department of Conservation and Natural Resources portion of the Nevada State Implementation Plan (SIP). These revisions concern a definition, an emergency episode regulation, and various monitoring regulations. We are approving state provisions that regulate emission sources under the Clean Air Act as amended in 1990 (Act or CAA).

EPA is proposing to approve certain revisions to Wisconsin's prevention of significant deterioration (PSD) and non-attainment new source review (NSR) construction permit programs submitted on May 25, 2006. On December 31, 2002, EPA published revisions to the federal PSD and non-attainment NSR regulations. These revisions are commonly referred to as ``NSR Reform'' regulations, which became effective on March 3, 2003. These regulatory revisions include provisions for determining baseline actual emissions, provisions for promulgating actual-to-future actual methodology, provisions for establishing Plantwide Applicability Limits (PALs), provisions for using the Clean Unit test, and, provisions for using Pollution Control Projects (PCP). On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit Court) issued its ruling on challenges to the December 2002 NSR reform revisions. Although the Court upheld most of EPA's rules, it vacated both the Clean Unit and the PCP provisions. In addition, the Court remanded to EPA the provision that requires recordkeeping and reporting for sources that elect to use the actual-to-projected actual emission test only where there is a reasonable possibility that a project may result in a significant net emissions increase. EPA is currently working on promulgating a rule that will clarify the reasonable possibility provision. EPA's final decision with regard to the remand may require Wisconsin to revise this portion of its rules to be consistent with EPA's definition of reasonable possibility. The Wisconsin Department of Natural Resources (WDNR) is seeking approval of rule AM-06-04 to implement the NSR Reform provisions that have not been vacated by the June 24, 2005, DC Circuit Court decision. This action affects major stationary sources in Wisconsin that are subject to or potentially subject to the PSD, and non-attainment NSR construction permit programs.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A310 series airplanes. This proposed AD would require revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A300 B2 and B4 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R (collectively called A300-600) series airplanes. The existing AD currently requires repetitive inspections to detect cracking of the upper radius of the forward fitting of frame 47, and repair if necessary. This proposed AD would reduce inspection thresholds and repetitive intervals, and add related investigative and corrective actions. This proposed AD also would provide an optional terminating action for the repetitive inspections only for airplanes with cracking that is within certain limits. This proposed AD results from reports of additional cracking in airplanes that were inspected in accordance with the existing AD. We are proposing this AD to detect and correct fatigue cracking of the left and right upper radius at frame 47, which could propagate and result in reduced structural integrity of the airplane.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by First Priority, Inc. The ANADA provides for the veterinary prescription use of clindamycin hydrochloride oral solution in dogs and cats for the treatment of various infections due to susceptible bacterial pathogens.

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2007-05-51, which was sent previously to all known U.S. owners and operators of MDHI Model MD600N helicopters by individual letters. This AD requires, before further flight, a visual and eddy current inspection of each lateral mixer output link assembly (mixer link) and replacing any cracked mixer link. This AD also requires performing an eddy current inspection on each mixer link before installing it on any helicopter. This amendment is prompted by the discovery of 3 cracked mixer links. The actions specified by this AD are intended to detect a crack in the mixer link, which could result in failure of the mixer link and subsequent loss of control of the helicopter.

The National Aeronautics and Space Administration (NASA) is issuing a new Part 1880 on nonprocurement debarment and suspension in Title 2 of the Code of Federal Regulations (CFR). This new part is NASA's implementation of the Office of Management and Budget's (OMB) guidance provided at 2 CFR Part 180. In light of the new Part 1880, NASA is removing 14 CFR Part 1265 which contains the current NASA implementation of the government-wide common rule on nonprocurement debarment and suspension. The new part in 2 CFR serves the same purpose as the common rule in a simpler way. This final rule is part of OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension. It is an administrative simplification that makes no substantive change in NASA policy or procedures for nonprocurement debarment and suspension.

This action aligns the operational and certification safety requirements regarding over-pressurization of airplane extinguishing agent containers or fire bottles to prevent bursting; and it removes an obsolete section reference from part 135. This action eliminates the requirement for an over-pressurized fire bottle to discharge extinguishing agent outside an airplane to prevent bursting, because newer non-corrosive extinguishing agents can now be discharged inside an airplane without degrading an airframe.

The Food and Drug Administration (FDA) is withdrawing approval of three new animal drug applications (NADAs) for intermediate premixes used to manufacture Type C medicated feeds. In a notice published elsewhere in this issue of the Federal Register, FDA is withdrawing approval of the NADAs.

This action corrects an unintended consequence created when we adopted the original Light-Sport Aircraft (LSA) Rule; we did not have sufficient information at that time to foresee this difficulty. This action amends the definition of an LSA in two areas. The changes will (1) permit development of lighter-than-air (LTA) LSA, and (2) allow retractable landing gear for LSA intended for operation on water. The LTA change will result in a common land-based LSA maximum takeoff weight limit and allow the LTA LSA industry to design and build safe, functional LTA aircraft. Allowing retractable landing gear for LSA intended for operation on water recognizes the realities of the operation of these LSA and will also enhance the growth of that industry.

The Coast Guard proposes to establish a temporary safety zone around Great Lakes Naval Training Center Harbor. This zone is intended to control the movement of vessels on portions of Lake Michigan and Great Lakes Naval Training Center Harbor during the Spill of National Significance (SONS) exercise on June 19 and 20, 2007. This zone is necessary to protect the public from the hazards associated with ships and boats deploying oil containment equipment.

The Agricultural Marketing Service (AMS) is proposing to maintain user fees for cotton producers for 2007 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2006. This is in accordance with the formula provided in the Uniform Cotton Classing Fees Act of 1987. The 2006 user fee for this classification service was $1.85 per bale. This proposal would maintain the fee for the 2007 crop at $1.85 per bale. The proposed fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.

NMFS issues a proposed rule to amend vessel identification regulations of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The current regulatory text requires all commercial fishing vessels and recreational charter vessels to display their official numbers on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck (horizontal or flat surface) so as to be visible from enforcement vessels and aircraft. The proposed rule would amend the regulatory text to provide an exemption to HMS recreational charter vessels in complying with the vessel identification requirements. The regulation is necessary to clarify that vessel identification requirements apply to HMS commercial fishing vessels and not to HMS recreational charter vessels.

The FDIC is finalizing the proposed rule to amend existing FDIC ethics regulations involving extensions of credit, ownership of stock, and definitions. It implements the Preserving Independence of Financial Institution Examinations Act of 2003, which amended sections 212 and 213 of title 18 of the United States Code. These sections continue generally to impose criminal penalties on examiners' borrowing from banks they have examined, and financial institutions' extending a loan to anyone who examines or has authority to examine that institution. The statutory amendment, however, decriminalizes extensions of credit to examiners for credit cards and for primary residential home loans from institutions that they examine or have authority to examine if these loans are made on the same terms and conditions as are available to other cardholders and borrowers and satisfy other criteria contained in the statute as amended. Additionally, the final rule clarifies and makes minor revisions to definitions and restrictions for FDIC employees' acquisition, ownership, or control of securities of FDIC-insured depository institutions and certain holding companies.

On February 15, 2007, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request for a redesignation of its portion of the Youngstown area to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a request for EPA approval of an ozone maintenance plan for Mahoning, Trumbull, and Columbiana Counties, Ohio. The State public hearing on the submittal was held on January 9, 2007. EPA is proposing to determine that the Youngstown area has attained the 8-hour ozone NAAQS. EPA believes that the State's ozone maintenance plan for the area is acceptable and, in conjunction with projected emissions in the Pennsylvania portion of the area (Mercer County), will provide for maintenance of the 8-hour ozone NAAQS in these Counties through 2018. EPA is proposing approval of the State's request to redesignate Mahoning, Trumbull, and Columbiana Counties, Ohio to attainment of the 8-hour ozone NAAQS. EPA is also proposing to approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for Mahoning, Trumbull, and Columbiana Counties, Ohio for purposes of transportation conformity determinations.

On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of a redesignation of St. Joseph and Elkhart Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and of an ozone maintenance plan for St. Joseph and Elkhart Counties as a revision to the Indiana State Implementation Plan (SIP). Today, EPA is proposing to approve Indiana's request and corresponding SIP revision. EPA is also proposing to approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for these Counties, as supported by the ozone maintenance plan for this area, for purposes of transportation conformity determinations.

This notice announces the Office of Management and Budget's (OMB) approval of the information collection requirement in the final rule published on February 13, 2007 (72 FR 6884). The sections of the final rule pending approval of this information collection request are effective upon publication of this notice.

EPA is proposing to exempt from the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408 requirement of a tolerance, residues of coat proteins from viruses that naturally infect plants that humans consume when such coat proteins are produced in living plants as part of a plant-incorporated protectant (PIP) and the criteria proposed for this exemption are met. EPA believes there is a reasonable certainty that no harm will result from aggregate exposure to such residues, including all anticipated dietary exposures and all other exposures for which there is reliable information. This proposed exemption would eliminate the need to establish a maximum permissible level in food for these residues.

This document denies a Petition for Reconsideration filed jointly by Vernon R. Baldwin, Inc., Morgan County Industries, Inc., and Vernon R. Baldwin (``Petitioners'') directed to a letter which returned their Joint Petition for Rule Making (``Joint Petition''). The Joint Petition was defective because the proposed site at Mt. Vernon failed to provide a 70 dBu signal over the entire community due to terrain obstruction. This document finds that it is not in the public interest to allow Petitioners on reconsideration to reinstate and amend their Joint Petition with a new site because a Petition for Rule Making must be technically correct at the time of filing. With this action, the proceeding is terminated.

In this document, the Federal Communications Commission (Commission or FCC) declines, for now, to establish a schedule for Private Land Mobile Radio (PLMR) systems in the 150-174 MHz and 421-512 MHz bands to transition to 6.25 kHz technology; and revises the implementation date of the 6.25 kHz requirement for equipment certification from January 1, 2005 to January 1, 2011.