June 6, 2007 – Federal Register Recent Federal Regulation Documents

On April 19, 2007, the Commission issued a Notice of Proposed Rulemaking (NOPR) revising its regulations in order to facilitate price transparency in markets for the sale or transportation of physical natural gas in interstate commerce. The dates for filing initial and reply comments on the NOPR are being extended at the request of the Texas Pipeline Association.

In the February 12, 2007 Federal Register (72 FR 6533), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek an extension of approval of information collection requirements in the safety regulations for full-size cribs. 16 CFR 1500.18(a)(13) and part 1508. Joint comments in support of the information collection were submitted by the Consumer Federation of America, Consumers Union, Kids in Danger and Keeping Babies Safe, Inc. Commentors state that the ability of the Commission to better communicate news of recalls to retailers and individuals is critical to removing potentially dangerous cribs and the continued collection of information may assist in that effort. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information. These regulations were issued to reduce hazards of strangulation, suffocation, pinching, bruising, laceration, and other injuries associated with full-size cribs. The regulations prescribe performance, design, and labeling requirements for full-size cribs. They also require manufacturers and importers of those products to maintain sales records for a period of three years after the manufacture or importation of full-size cribs. If any full-size cribs subject to provisions of 16 CFR 1500.18(a)(13) and part 1508 fail to comply in a manner severe enough to warrant a recall, the required records can be used by the manufacturer or importer and by the Commission to identify those persons and firms who should be notified of the recall. OMB previously approved the collection of information under control number 3041-0013. OMB's most recent extension of approval will expire on September 30, 2007.

In the February 12, 2007 Federal Register (72 FR 6535), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek an extension of approval of information collection requirements in the safety regulations for non-full-size cribs. 16 CFR 1500.18(a)(14) and part 1509. Joint comments in support of the information collection were submitted by the Consumer Federation of America, Consumers Union, Kids in Danger and Keeping Babies Safe, Inc. Commentors state that the ability of the Commission to better communicate news of recalls to retailers and individuals is critical to removing potentially dangerous cribs and the continued collection of information may assist in that effort. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information. These regulations were issued to reduce hazards of strangulation, suffocation, pinching, bruising, laceration, and other injuries associated with non-full-size cribs. The regulations prescribe performance, design, and labeling requirements for non-full-size cribs. They also require manufacturers and importers of those products to maintain sales records for a period of three years after the manufacture or importation of non-full-size cribs. If any non-full-size cribs subject to provisions of 16 CFR 1500.18(a)(14) and part 1509 fail to comply in a manner severe enough to warrant a recall, the required records can be used by the manufacturer or importer and by the Commission to identify those persons and firms who should be notified of the recall. OMB previously approved the collection of information under control number 3041-0012. OMB's most recent extension of approval will expire on September 30, 2007.

This exempted fishing permit (EFP) application is a continuation of a collaborative project involving the University of New Hampshire (UNH), Durham, NH; the Lobster Conservancy, Friendship, Maine; the New England Aquarium, Boston, MA; and the Atlantic Offshore Lobstermen's Association, Candia, NH. The EFP proposes to continue monitoring legal sized egg bearing female lobsters (berried lobsters) carrying early-stage eggs. The continuation of this project will allow participating Federal lobster permit holders, fishing in designated study areas, to preserve a maximum of ten eggs from each berried lobster captured in commercial lobster gear, to allow researchers to determine what percentage of eggs are fertilized, and estimate the egg developmental stage and time to maturity. The berried lobsters will then be released unharmed. This project would not involve the authorization of any additional trap gear, and all trap gear would conform to existing Federal lobster regulations. There would be no anticipated adverse effects on protected resources or habitat as a result of this research. The EFP would waive the prohibition on removal of eggs for a maximum of 13 participating vessels. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. NMFS announces that the Office Director proposes to issue EFPs and, therefore, invites comments on the issuance of EFPs for this research.

The FAA is adopting a new airworthiness directive (AD) for GE CF6-80C2B series turbofan engines with electronic control units (ECUs), installed on Boeing 747 and 767 series airplanes. This AD requires installing software version 8.2.Q1 to the engine ECU, which increases the engine's margin to flameout. This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. Though the root cause investigation is not yet complete, we believe exposure to ice crystals during flight is associated with these flameout events. We are issuing this AD to provide increased margin to flameout, which will minimize the potential of an all-engine flameout event caused by ice accretion and shedding during flight.

EPA is reopening the public comment period for a proposed rule concerning pesticide-treated food packaging published in the Federal Register of April 6, 2007. Written comments were required to be submitted by April 21, 2007. EPA is reopening the comment period because the Agency received, considered and accepted a petition to extend the public comment period. This document reopens the comment period for an additional 30 days.

Under the requirements of the Clean Air Act (Act), the New Source Review (NSR) program includes Prevention of Significant Deterioration (PSD) measures, which protect air quality in areas that currently have clean air. For some pollutants, the PSD program protects clean air through a system of ``increments.'' These increments specify the maximum extent to which the ambient concentration of these pollutants may be allowed to increase above the legally defined baseline concentration in an area with clean air. In this rulemaking, we propose to refine several aspects of the method that may be used to calculate an increase in concentration for increment purposes. These refinements are intended to clarify how States and regulated sources may calculate increases in concentrations for the purposes of determining compliance with the PSD increments.

NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has allocated zero trips to the Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP) during the 2007 fishing year (FY) (i.e., May 1, 2007, through April 30, 2008). The Regional Administrator has determined that the available catch of Georges Bank (GB) yellowtail flounder is insufficient to support a minimum level of fishing activity within the CA II Yellowtail Flounder SAP for FY 2007. The intent of this action is to help achieve optimum yield (OY) in the fishery by maximizing the utility of available GB yellowtail flounder total allowable catch (TAC) throughout FY 2007.

This notice informs interested persons of the fourth meeting of the Technical Study Panel (Panel) on the Utilization of Belt Air and the Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining. The public is invited to attend.

The National Science Foundation (NSF) gives notice of the availability of a draft Environmental Assessment (EA) for proposed activities in the Eastern Tropical Pacific Ocean. The Division of Ocean Sciences in the Directorate for Geosciences (GEO/OCE) has prepared a draft Environmental Assessment for a pair of marine geophysical surveys by the Research Vessel Marcus G Langseth in the Eastern Tropical Pacific Ocean, in international waters (2000-5000 meters depth) between 5[deg] S and 11[deg] N, along ~105[deg] W during September-December 2007. The draft Environmental Assessment is available for public review for a 30-day period.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. section 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces the following Federal advisory committee meeting. Name of Committee: Reserve Forces Policy Board (RFPB). Date: June 20-21, 2007. Time: (20th) 8 a.m.-4:30 p.m.; (21st) 8 a.m.-3 p.m. Location: Meeting address is Pentagon Room 3E733, Arlington, VA. Mailing address is Reserve Forces Policy Board, 7300 Defense Pentagon, Washington, DC 20301-7300. Purpose of the Meeting: An open meeting of the Reserve Forces Policy Board. Agenda: Discussion of long-range issues relevant to the Reserve Components. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and the availability of space this meeting is open to the public. To request a seat, please contact 703- 697-4486, or by e-mail, marjorie.davis@osd.mil and/or donald.ahern@osd.mil. Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the membership of the Reserve Forces Policy Board at any time or in response to the stated agenda of a planned meeting. Written statements should be submitted to the Reserve Forces Policy Board's Designated Federal Officer. The designated Federal Officer's contact information can be obtained from the GSA's FACA Database https://www.fido.gov/ facadatabase/public.asp. Written statements that do not pertain to a scheduled meeting of the Reserve Forces Policy Board may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting then these statements must be submitted no later than five business days prior to the meeting in question. The Designated Federal Officer will review all submitted written statements and provide copies to all the committee members.

The Climate Change Science Program (CCSP) Product Development Committee for Synthesis and Assessment Product 3.3 (CPDC-S&A 3.3) was established by a Decision Memorandum dated October 17, 2006. CPDC-S&A 3.3 is the Federal Advisory Committee charged with responsibility to develop a draft Synthesis and Assessment Product that addresses CCSP Topic 3.3: ``Weather and Climate Extremes in a Changing Climate''. Place: The meeting will be held at the Aspen Global Change Institute, 100 East Francis St. Aspen, Colorado, 81611. Time and Dates: The meeting will convene at 4 p.m. on Monday, June 25, 2007 and adjourn at 5:30 p.m. on Thursday, June 28, 2007. Meeting information will be available online on the CPDC-S&A 3.3 Web site (https:// www.climate.noaa.gov/index.jsp?pg=./ccsp/33.jsp). Please note that meeting location, times, and agenda topics described below are subject to change. Status: The meeting will be open to public participation and will include a 30-minute public comment period on June 25 from 4 p.m. to 4:30 p.m. (check Web site to confirm this time and the room in which the meeting will be held). The CPDC-S&A 3.3 expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments (at least 35 copies) should be received by the CPDC-S&A 3.3 Designated Federal Official (DFO) by June 18, 2007 to provide sufficient time for review. Written comments received after June 18 will be distributed to the CPDC-S&A 3.3, but may not be reviewed prior to the meeting date. Seats will be available to the public on a first-come, first-served basis. Matters to be Considered: The meeting will (1) formulate responses to the published NRC review report on the First Draft of Synthesis and Assessment Product 3.3 and revise the First Draft accordingly; (2) finalize plans for completion and submission of the Second Draft of Synthesis and Assessment Product 3.3 to the Climate Change Science Program Office for the public comment period.

The Federal Advisory Committee for the Expert Review of Synthesis and Assessment Product 4.3 (CERSAP) will be meeting in Washington, DC. The U.S. Department of Agriculture (USDA) is the lead agency for Climate Change Science Program Synthesis and Assessment Product 4.3 (SAP 4.3) titled, The Effects of Climate Change on Agriculture, Land Resources, Water Resources, and Biodiversity. CERSAP will provide advice to the Secretary of Agriculture on the conduct of this study.

The U.S. Fish and Wildlife Service and the National Park Service, U.S. Department of the Interior, as lead agencies, announce the availability of a Record of Decision (ROD) for the final Bison and Elk Management Plan (Plan) and Environmental Impact Statement (EIS) for the National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr., Memorial Parkway (Grant Teton National Park). The final Plan/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966; as amended; the National Park Service Management Policies of 2006; and the National Environmental Policy Act (NEPA). The final Plan/EIS was prepared in cooperation with the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS); the U.S. Department of Agriculture Forest Service; the Department of Interior Bureau of Land Management (BLM); and the State of Wyoming Game and Fish Department (WGFD). The final Plan/EIS describes our proposal for management of the Jackson bison and elk populations within their respective jurisdictions for 15 years. The effects of six alternatives for the management of bison and elk populations for the National Elk Refuge and Grand Teton National Park are disclosed in the final Plan/EIS and are described in the ROD. We adopted and plan to implement Alternative 4Adaptively Manage Habitat and Populations.

This document responds to two petitions concerning the rules adopted in the Report and Order in this proceeding (``Cognitive Radio Report and Order''). The Commission granted a petition for clarification filed by Cisco Systems, Inc. (``Cisco'') requesting that the Commission clarify the requirement to approve certain devices as software defined radios, and its policy on the confidentiality of software that controls security measures in software defined radios. The Commission also granted in part and denied in part a petition for reconsideration filed by Marcus Spectrum Solutions (``MSS'') requesting that the Commission clarify the rules concerning the submission of radio software source code, clarify the rules concerning the certification of software defined amateur radio equipment, and initiate a further proceeding to adopt regulatory requirements for high-power, high-speed digital-to-analog (D/A) converters.