April 2007 – Federal Register Recent Federal Regulation Documents

This rule establishes policy and assigns responsibilities under DoD Directive 5124.8 for standardizing support to Non-Federal entities authorized to operate on DoD installations. Designates the Secretary of Army as the DoD executive agent for: Support to Boy Scout and Girl Scout local councils and organizations in areas outside of the United States; support for the national Boy Scout jamboree; the annual DoD audit of the American Red Cross (ARC) accounts and the subsequent report to Congress; and necessary ARC deployment support. It also designates the Secretary of the Air Force as the DoD Executive Agent for conducting the Armed Forces Entertainment program. It will have minimal impact on the public.

The FAA is revising an existing airworthiness directive (AD), which applies to all Boeing Model 777 airplanes. That AD currently 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 requires those same actions. This AD also revises the existing AD to allow installation of an ASCPC with additional versions of software installed and to correct a part number reference. 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.

NMFS issues this final rule to develop a new vessel list at the beginning of each calendar year of U.S. vessels eligible to fish for albacore tuna in Canadian waters. The vessel list would revert to zero vessels on December 31 of each year, unless NMFS receives a notice for a vessel to be added to the list for the upcoming year, with the requisite information. This regulation would clarify that the vessel list will remain valid for a single calendar year. Updating the list every year will facilitate the United States' obligation to annually provide Canada a current list of U. S. vessels that are likely to fish albacore off the coast of Canada. The proposed rule is adopted without change.

This final rule allows participants in U.S. domestic pelagics, crustaceans, bottomfish and seamount groundfish, precious corals, and coral reef ecosystems fisheries of the western Pacific region the optional use of NMFS-approved electronic logbook forms in lieu of paper logbooks. This action is intended to enhance the efficiency of fish catch and effort data reporting and recordkeeping by fishermen, reduce human error, and improve data accuracy.

Under current Federal Employees Health Benefits (FEHB) Program regulations, the Office of Personnel Management (OPM) may waive the eligibility requirements for health benefits coverage as an annuitant for an individual when, in its sole discretion, it determines that it would be against equity and good conscience not to allow a person to be enrolled in the FEHB Program as an annuitant. The regulations state that an individual's failure to satisfy eligibility requirements must be due to exceptional circumstances. They also list specific situations where a waiver will not be granted by OPM such as when an individual's retirement is based on a disability or an involuntary separation, or when an individual was misadvised by his/her employing office. This final regulation eliminates these specific situations from the regulation. This final regulation provides OPM with more flexibility when granting waivers.

The Nuclear Regulatory Commission (NRC) is confirming the effective date of April 17, 2007, for the direct final rule that was published in the Federal Register on February 1, 2007 (72 FR 4615). This direct final rule amended the NRC's regulations to revise the Transnuclear, Inc., Standardized NUHOMS[supreg] System listing to include Amendment No. 9 to Certificate of Compliance (CoC) No. 1004.

The Federal Energy Regulatory Commission (Commission) is extending certain deadlines for compliance actions required by Order No. 890, the final rule issued in this proceeding on February 16, 2007.

We are removing five required amendments to the Pennsylvania regulatory program (the ``Pennsylvania program'') regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) related to alternative reclamation plans; alternative postmining land use determinations; and bond forfeiture sites where reclamation is unreasonable, unnecessary, or impossible. Pennsylvania revised its program to be consistent with the corresponding Federal regulations and SMCRA. We are also approving two of four additional requested changes (not required) to the Pennsylvania program. Pennsylvania revised its program at its own initiative to clarify ambiguities and initiate changes in its fee collection calculations. The two approved changes are in regard to a typographical reference error and the evaluation of bond forfeiture sites. We are deferring our decision on two changes in regard to the discontinuation of a $100 per acre reclamation fee.

EPA is proposing amendments to the national emission standards for hazardous air pollutants for iron and steel foundries. The proposed amendments add alternative compliance options for cupolas at existing foundries and clarify several provisions to increase operational flexibility and improve understanding of the final rule requirements.

The FAA is revising an existing airworthiness directive (AD) for Turbomeca S.A. Arriel 2B turboshaft engines with Modification TU62A incorporated. That AD currently requires initial and repetitive inspections, cleaning, lubrication, and checks for proper operation of the HMU acceleration controller axle. This AD requires the same actions, but removes engines incorporating TU132 from the applicability and adds an optional terminating action for the repetitive actions required in AD 2005-13-25. This AD results from the engine manufacturer releasing a service bulletin to introduce modification TU132. We are issuing this AD to prevent loss of control of engine fuel flow in manual control mode or mixed control mode, which can lead to engine overspeed, and in-flight engine shutdown resulting in a forced autorotation landing or accident.

The Department of Labor (Department or DOL) is proposing to revise the child labor regulations in order to implement an amendment to the Fair Labor Standards Act's child labor provisions, contained in the Department of Labor Appropriations Act, 2004 (Pub. L. 108-199), which authorizes under specified conditions the employment of certain youth between the ages of 14 and 18 years inside and outside of places of business that use machinery to process wood products. The Department is proposing to revise Child Labor Regulation No. 3, subpart C of 29 CFR part 570, which governs the employment of 14- and 15-year-olds in nonagricultural occupations by revising the lists of occupations and industries in which such youth may and may not be employed. The Department is also proposing to clarify, but not change, the standards addressing the permitted periods and conditions under which such youth may be employed and to create a limited exemption from those standards for certain academically motivated youth enrolled in work-study programs. The Department is also proposing to revise several of the nonagricultural Hazardous Occupations Orders (HOs) to implement specific recommendations made by the National Institute for Occupational Safety and Health in its 2002 report entitled National Institute for Occupational Safety and Health (NIOSH) Recommendations to the U.S. Department of Labor for Changes to Hazardous Orders. The HOs affected by this proposal concern occupations involved with logging and sawmilling; meat processing; and the operation of power-driven hoisting equipment, bakery equipment, compacting and baling equipment, and certain cutting, shearing, and guillotining equipment. In addition, the Department is proposing to provide clarity by incorporating into the regulations three long-standing enforcement positions regarding the cleaning of power-driven meat processing equipment, the operation of certain power-driven pizza-dough rollers, and the definition of high-lift trucks. The Department is also proposing to expand the HO that prohibits youth from operating power- driven circular saws, band saws, and guillotine shears to include prohibitions concerning the operation of power-driven chain saws, wood chippers, and reciprocating saws. Finally, the Department proposes to revise subpart G of the child labor regulations, which is entitled General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended. The proposal would incorporate into this subpart all the regulatory changes made since this subpart was last revised in 1971.

This document amends Chapter 2 of Title 9 CFR to provide Supplemental Rules of Practice that will provide a mechanism for settling cases without the institution of formal proceedings.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.