June 18, 2007 – Federal Register Recent Federal Regulation Documents

Parts and Accessories Necessary for Safe Operation; Lamps and Reflective Devices
Document Number: Z7-11112
Type: Rule
Date: 2007-06-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Premium Rates; Payment of Premiums; Variable-rate premium; Pension Protection Act of 2006
Document Number: Z7-10412
Type: Proposed Rule
Date: 2007-06-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation, Internal Revenue Service, Department of Treasury, Department of the Treasury, Pension Benefit Guaranty Corporation, Agencies and Commissions
Safety Zone; City of San Francisco Fourth of July Fireworks Display, San Francisco Bay, CA
Document Number: E7-11716
Type: Rule
Date: 2007-06-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks to celebrate Independence Day. This safety zone is established to ensure the safety of participants and spectators. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.
Administrative Changes
Document Number: E7-11708
Type: Rule
Date: 2007-06-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to update a telephone number for the Office of Information Services and an NRC Web site location. This document is necessary to inform the public of these changes to the NRC's regulations.
Approval of Implementation Plan; Connecticut; Commitment to Submit Mid-Course Review
Document Number: E7-11690
Type: Rule
Date: 2007-06-18
Agency: Environmental Protection Agency
Notice is hereby given that the State of Connecticut has fulfilled the enforceable commitments it made to EPA to complete a mid- course review (MCR) assessing whether two one-hour ozone nonattainment areas are, or are not, making sufficient progress toward attainment of the one-hour ozone standard under the Clean Air Act (CAA). The two areas are the Connecticut portion of the New York-Northern New Jersey- Long Island 1-hour ozone nonattainment area, and the Greater Connecticut 1-hour ozone nonattainment area. EPA has reviewed the MCR documents submitted by Connecticut and has determined that Connecticut has met the commitment to perform these MCRs. EPA has sent a letter to Connecticut finding that their MCRs fulfill the commitment made by Connecticut in their 1-hour ozone attainment demonstrations.
Airworthiness Directives; Learjet Model 45 Airplanes
Document Number: E7-11682
Type: Proposed Rule
Date: 2007-06-18
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier proposed airworthiness directive (AD) for certain Learjet Model 45 airplanes. The original NPRM would have required revising the Airworthiness Limitations section of the airplane maintenance manual to incorporate certain inspections and compliance times to detect fatigue cracking of certain principal structural elements (PSEs). The original NPRM resulted from new and more restrictive life limits and inspection intervals for certain PSEs. This action revises the original NPRM by changing the applicability to add certain airplanes. We are proposing this supplemental NPRM to ensure that fatigue cracking of various PSEs is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes.
Airworthiness Directives; Boeing Model 777 Airplanes
Document Number: E7-11679
Type: Proposed Rule
Date: 2007-06-18
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier proposed airworthiness directive (AD) for all Boeing Model 777-200, -300, and -300ER series airplanes. The original NPRM would have required, for the drive mechanism of the horizontal stabilizer, repetitive detailed inspections for discrepancies; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. The original NPRM resulted from a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a Boeing Model 757 airplane, which is similar in design to the ballscrew on Model 777 airplanes. This action revises the original NPRM by adding airplanes to the applicability. We are proposing this supplemental NPRM to prevent an undetected failure of the primary load path for the ballscrew in the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane.
Airworthiness Directives; Airbus Model A300-600R Series Airplanes; and Model A310-300 Series Airplanes
Document Number: E7-11677
Type: Proposed Rule
Date: 2007-06-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:
Medicare and State Health Care Programs: Fraud and Abuse; Clarification of Terms and Application of Program Exclusion Authority for Submitting Claims Containing Excessive Charges
Document Number: E7-11663
Type: Proposed Rule
Date: 2007-06-18
Agency: Department of Health and Human Services, Office of Inspector General, Inspector General Office, Health and Human Services Department, Centers for Medicare & Medicaid Services
On September 15, 2003, we published a notice of proposed rulemaking (68 FR 53939) soliciting public comments regarding further guidance on OIG's exclusion authority under section 1128(b)(6)(A) of the Social Security Act and 42 CFR 1001.701 of our regulations. Having considered the public comments and for the reasons explained below, we are not promulgating a final rule.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway Mile 131.8, Belleair Beach, FL
Document Number: E7-11661
Type: Proposed Rule
Date: 2007-06-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge regulation of the Belleair Beach Bridge, Gulf Intracoastal Waterway mile 131.8, Belleair Beach, Pinellas County, Florida. This proposed rule will require this drawbridge to open on signal, except that from 7 a.m. to 7 p.m. this bridge will open on the hour and half-hour. This action is necessary for workers safety and will assist in expediting the construction of the new bridge.
Proposed Flood Elevation Determinations
Document Number: E7-11640
Type: Proposed Rule
Date: 2007-06-18
Agency: Federal Emergency Management Agency, Department of Homeland Security
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).
Safety Zone; BART Transbay Tube Seismic Upgrade; San Francisco, CA
Document Number: E7-11637
Type: Rule
Date: 2007-06-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a moving temporary safety zone in the navigable waters of San Francisco Bay, California, during geotechnical borings for a seismic upgrade of the Bay Area Rapid Transit (BART) Transbay tube. The borings will require placement of a drilling vessel at test sites along the BART Transbay tube. The safety zone will surround the vessel and move with the vessel as it conducts the tests at eighteen sites along the BART Transbay tube. This safety zone is necessary to protect persons and vessels from hazards, injury, and damage associated with the geotechnical borings. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.
Deemed IRAs in Governmental Plans/Qualified Nonbank Trustee Rules
Document Number: E7-11636
Type: Rule
Date: 2007-06-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations under section 408 of the Internal Revenue Code. The final regulations provide special rules for a governmental unit which seeks to qualify as a nonbank trustee of a deemed IRA that is part of its qualified employer plan. These final regulations affect only such governmental units.
Safety Zone; Recovery of Aircraft, Lake Michigan, Milwaukee, WI
Document Number: E7-11635
Type: Rule
Date: 2007-06-18
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in Lake Michigan, Milwaukee, WI. This zone is intended to restrict vessels from a portion of Lake Michigan during the recovery of an aircraft that crashed in Lake Michigan. This temporary safety zone is necessary to protect divers and recovery workers and restrict spectators and vessels from the recovery site.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Catcher Vessels Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: E7-11634
Type: Rule
Date: 2007-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.
Fisheries in the Western Pacific; Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region; Management Measures for Bigeye Tuna Pacific-wide and Yellowfin Tuna in the Western and Central Pacific Ocean
Document Number: E7-11631
Type: Proposed Rule
Date: 2007-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS partially approved Amendment 14 to the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region (Amendment 14), prepared by the Western Pacific Fishery Management Council (Council). The Council's recommendation for international management action to end overfishing of bigeye and yellowfin tuna stocks was approved. The remaining portions of the amendment relating to internal protocols for managing Pacific pelagic species in international waters, and new Federal permitting and data reporting requirements for the domestic Hawaii-based pelagic (non-longline) fisheries, were not approved.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota Specifications and Effort Controls
Document Number: E7-11630
Type: Rule
Date: 2007-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the final rule to set 2007 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). This action also makes a minor administrative change to the permit regulations.
Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch of Protected Living Marine Resources
Document Number: E7-11624
Type: Proposed Rule
Date: 2007-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS published an advanced notice of proposed rulemaking (ANPR) to announce that it is developing certification procedures to address illegal, unreported, or unregulated (IUU) fishing activities and bycatch of protected living marine resources pursuant to the High Seas Driftnet Fishing Moratorium Protection Act. This notice is to announce three public input sessions to discuss and collect comments on the issues described in the ANPR.
Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
Document Number: E7-11623
Type: Proposed Rule
Date: 2007-06-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to amend the regulations governing the North and South Atlantic swordfish fisheries to implement two recommendations by the International Commission for the Conservation of Atlantic Tuna (ICCAT) (Recommendations 06-02 and 06-03). These recommendations establish baseline quotas for North and South Atlantic swordfish, respectively, and set caps on underharvest carryover. Additionally, recommendation 06-02 allows a contracting party (CPC) with a total allowable catch (TAC) allocation to make a transfer within a fishing year of up to 15 percent of its baseline allocation to other CPCs, as long as the transfer is conducted in a manner that is consistent with domestic obligations and conservation considerations. This action, if adopted, would remain in effect until ICCAT provides new recommendations for the U.S. swordfish fisheries. In addition, NMFS proposes to modify the North and South Atlantic swordfish quotas for the 2006 fishing year to account for updated landings information from the 2004 and 2005 fishing years. Finally, NMFS proposes to include the option of an internet Web site as an additional method for complying with the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category's 24 hour reporting requirement. Currently, reporting is by telephone only. NMFS solicits written comments and will hold public hearings in July 2007 to receive oral comments on these proposed actions.
New Animal Drugs for Use in Animal Feeds; Lincomycin
Document Number: E7-11611
Type: Rule
Date: 2007-06-18
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Div. of Pfizer, Inc. The supplemental NADA provides for the use of lincomycin in feed of swine weighing greater than 250 pounds and for the addition of a reproductive cautionary statement to labeling.
Revisions to the Nevada State Implementation Plan, Washoe County District Health Department
Document Number: E7-11581
Type: Proposed Rule
Date: 2007-06-18
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Washoe County District Health Department (WCDHD) portion of the Nevada State Implementation Plan (SIP). These revisions concern opacity, emissions of carbon monoxide (CO) and particulate matter (PM) from wood stoves and fireplaces, and air emergency episode plans. We are proposing approval of local rules that help regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the Nevada State Implementation Plan, Washoe County District Health Department
Document Number: E7-11578
Type: Rule
Date: 2007-06-18
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Washoe County District Health Department (WCDHD) portion of the Nevada State Implementation Plan (SIP). These revisions concern opacity, emissions of carbon monoxide (CO) and particulate matter (PM) from wood stoves and fireplaces, and air emergency episode plans. We are approving local rules that help regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Indiana; NSR Reform Regulations
Document Number: E7-11571
Type: Rule
Date: 2007-06-18
Agency: Environmental Protection Agency
On July 10, 2006, EPA proposed partial approval of revisions to Indiana's prevention of significant deterioration (PSD) and nonattainment new source review (NSR) construction permit programs. EPA received comments on this proposal on August 9, 2006. An adverse comment regarding the inclusion of hazardous air pollutants (HAPs) in Indiana's PSD rules was received. Subsequently, on January 17, 2007, the Indiana Department of Environmental Management (IDEM) requested the withdrawal of the portion of this submittal pertaining to HAPs. EPA is partially approving the portions of the Indiana rule that were proposed for approval on July 10, 2006 and were not withdrawn on January 17, 2007. As noted in the July 10, 2006, notice, we are not taking action on the Clean Unit and Pollution Control Project (PCP) portions of the Indiana rule.
Oversight of Credit Rating Agencies Registered as Nationally Recognized Statistical Rating Organizations
Document Number: E7-11166
Type: Rule
Date: 2007-06-18
Agency: Securities and Exchange Commission, Agencies and Commissions
The Commission is adopting rules to implement provisions of the Credit Rating Agency Reform Act of 2006 (the ``Rating Agency Act''), enacted on September 29, 2006. The Rating Agency Act defines the term ``nationally recognized statistical rating organization,'' provides authority for the Commission to implement registration, recordkeeping, financial reporting, and oversight rules with respect to registered credit rating agencies, and directs the Commission to issue final implementing rules no later than 270 days after its enactment (or by June 26, 2007). The rule and form prescribing the process for a credit rating agency to apply for registration are immediately effective. The remaining rules are effective on June 26, 2007.
Unified Rule for Loss on Subsidiary Stock
Document Number: C7-187
Type: Proposed Rule
Date: 2007-06-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Medicare Program; Home Health Prospective Payment System Refinement and Rate Update for Calendar Year 2008; Correction
Document Number: 07-2987
Type: Proposed Rule
Date: 2007-06-18
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the proposed rule published in the Federal Register on May 4, 2007, entitled ``Medicare Program; Home Health Prospective Payment System Refinement and Rate Update for Calendar Year 2008'' (72 FR 25356).
Geological and Geophysical (G&G) Explorations of the Outer Continental Shelf-Changing Proprietary Term of Certain Geophysical Information
Document Number: 07-2960
Type: Proposed Rule
Date: 2007-06-18
Agency: Department of the Interior, Minerals Management Service
The MMS proposes to extend the proprietary term of certain reprocessed geophysical information submitted to MMS under a permit. The proposed rule would give up to 5 years of additional protection to reprocessed vintage geophysical information that MMS retained and, under the current rule, is subject to release by MMS 25 years after issuing the germane permit. The extension would provide incentives to permittees and third parties to reprocess, market, or in other ways use geophysical information that may not otherwise be reprocessed without the term extension.
Department of the Interior Implementation of OMB Guidance on Nonprocurement Debarment and Suspension
Document Number: 07-2949
Type: Rule
Date: 2007-06-18
Agency: Office of the Secretary, Department of the Interior
The Department of the Interior (Department) proposes to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, and to adopt in their place the Office of Management and Budget's (OMB) guidance. This regulatory action would implement OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. The Department does not intend to modify any of its current policy.
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