June 2007 – Federal Register Recent Federal Regulation Documents

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.

The Board proposes to amend Regulation Z, which implements the Truth in Lending Act (TILA), and the staff commentary to the regulation, following a comprehensive review of TILA's rules for open- end (revolving) credit that is not home-secured. The proposed revisions take into consideration comments from the public on an initial advance notice of proposed rulemaking (ANPR) published in December 2004 on a variety of issues relating to the format and content of open-end credit disclosures and the substantive protections provided under the regulation. The proposal also considers comments received on a second ANPR published in October 2005 that addressed several amendments to TILA's open-end credit rules contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Consumer testing was conducted as a part of the review. Except as otherwise noted, the proposed changes apply solely to open-end credit. Disclosures accompanying credit card applications and solicitations would highlight fees and reasons penalty rates might be applied, such as for paying late. Creditors would be required to summarize key terms at account opening and when terms are changed. The proposal would identify specific fees that must be disclosed to consumers in writing before an account is opened, and give creditors flexibility regarding how and when to disclose other fees imposed as part of the open-end plan. Periodic statements would break out costs for interest and fees. Two alternatives are proposed dealing with the ``effective'' or ``historical'' annual percentage rate disclosed on periodic statements. Rules of general applicability such as the definition of open-end credit and dispute resolution procedures would apply to all open-end plans, including home-equity lines of credit. Rules regarding the disclosure of debt cancellation and debt suspension agreements would be revised for both closed-end and open-end credit transactions. Loans taken against employer-sponsored retirement plans would be exempt from TILA coverage.

On April 20, 2007, NMFS proposed the listing of the Cook Inlet beluga whale as an endangered species under the Endangered Species Act of 1973 (ESA). As part of that proposal, NMFS announced a public comment period to end on June 19, 2007, and then extended the comment period to August 3, 2007. NMFS has received requests for public hearings on this issue. In response, NMFS is announcing that public hearings will be held at two locations in Alaska to provide additional opportunities and formats to receive public input.

EPA is re-opening the comment period for a proposed rule published April 12, 2007 (72 FR 18428). On April 12, 2007, EPA proposed to approve a revision to the State Implementation Plan for the State of Alabama regarding the State's visible emissions rule, Alabama Rule 335- 3-4-.01 ``Visible Emissions.'' At the request of a commentor, EPA is re-opening the comment period through July 11, 2007.

We propose to adopt a new airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. This proposed AD would require you to replace the cabin door rod ends at the upper and lower hinges of the cabin door with newly designed rod ends. This proposed AD results from two known occurrences of in-flight cabin door separation (one total separation and one retained by the door strut). The rod ends, a component of the door hinges, may fail and result in a door separation from the airplane while in flight. We are proposing this AD to prevent in-flight failure of the cabin door, which could result in door separation from the airplane.

The Coast Guard proposes to establish temporary special local regulations for the ``Crystal Coast Super Boat Grand Prix'', a power boat race to be held on the waters of Bogue Banks adjacent to Morehead City, NC. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Morehead City Turning Basin including sections of the Intra-Coastal Waterways and Morehead City Channel during the power boat race.

The Coast Guard is establishing temporary special local regulations for the ``2007 Rappahannock River Boaters Association Spring and Fall Radar Shootout'', power boat races to be held on the waters of the Rappahannock River near Layton, VA. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Rappahannock River during the event.

The Coast Guard has established a safety zone in Milwaukee Harbor near Lakeshore State Park. This zone will restrict vessels from portions of Milwaukee Harbor during fireworks displays. This zone is necessary to protect the public from the hazards associated with fireworks displays.

EPA is proposing to revoke certain tolerances for the insecticides amitraz and lindane; the herbicides atrazine, propachlor, and simazine; the plant growth regulator ethephon; and the fungicide ferbam. Also, EPA is proposing to modify certain tolerances for the herbicide atrazine, propachlor, and simazine; the insecticide amitraz; the plant growth regulator ethephon; and the fungicide ferbam. In addition, EPA is proposing to establish new tolerances for the herbicide atrazine; the plant growth regulator ethephon. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

The EPA is approving a revision to the Indiana Department of Environmental Management's (IDEM) volatile organic compound (VOC) rules for new facilities into the Indiana State Implementation Plan (SIP). This revised rule, submitted by IDEM on July 17, 2006, exempts facilities subject to the boat manufacturing and reinforced plastics composites production national emission standards for hazardous air pollutants (NESHAPS) from the requirement to do a case-by-case State Best Available Control Technology (BACT) analysis under the Indiana SIP, provided that they comply with the applicable NESHAPS. This rule revision is approvable because the only hazardous air pollutant covered by these NESHAPS rules is styrene, a toxic substance which is also classified as a VOC. Therefore, the VOC control requirements in these rules are always applicable. In addition, the provisions in these rules are enforceable and result in a clearly defined level of VOC reductions dependent upon the specific type of operation. These rules were proposed for approval on January 25, 2007, and comments were received supporting EPA's approval.

In this document, the Federal Communications Commission (Commission) initiates a proceeding to propose miscellaneous changes to its rules that govern new and existing wireless technologies, devices, and services. Specifically, the Commission seeks comment regarding particular changes to its rules governing the 4.9 GHz band and the Wireless Medical Telemetry Service which shares spectrum. The Commission also solicits comment on whether or not to revise or eliminate provisions that are duplicative, outmoded or otherwise unnecessary.

The United States Agency for International Development (USAID) is issuing this final rule to amend its acquisition regulations to formally encourage USAID prime contractors to assist small business, including veteran-owned small business, service-disabled veteran-owned small business, HUBZone, small socially and economically disadvantaged business, and women-owned small business, in enhancing their capabilities to perform contracts and subcontracts for USAID and other Federal agencies. The program seeks to increase the base of small business eligible to perform USAID contracts and subcontracts. The program also seeks to foster long-term business relationships between USAID prime contractors and small business entities and to increase the overall number of small business entities that receive USAID contracts, and subcontract awards.

NMFS is closing directed fishing for yellowfin sole by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the third seasonal allowance of the 2007 halibut bycatch allowance specified for the trawl yellowfin sole fishery category in the BSAI.

This document requests comments on a petition for rule making filed by Charles Crawford (``Petitioner'') proposing the allotment of Channel 241A at Bokchito, Oklahoma, as a first local service. The proposed coordinates for Channel 241A at Bokchito are 33-55-00 NL and 96-06-00 WL with a site restriction of 11.8 km (7.4 miles) south of town reference. To accommodate the proposed allotment at Bokchito, Petitioner proposes to substitute Channel 263A for vacant Channel 241A at Clayton, Oklahoma. The proposed coordinates for Channel 263A at Clayton are 34-32-48 NL and 95-29-46 WL with a site restriction of 14 km (8.7 miles) west of town reference.

The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on December 22, 2006, and supplemented it on March 9, 2007, for redesignation of the Toledo, Ohio area which includes Lucas and Wood Counties to attainment for the 8-hour ozone standard. EPA is proposing to approve several elements associated with of this request. First, EPA is making a determination that complete, quality-assured ambient air quality data indicate that the Toledo area has attained the 8-hour ozone standard. Second, EPA is proposing to approve, as revisions to the Ohio State Implementation Plan (SIP), the State's plans for maintaining the 8-hour ozone NAAQS through 2018. Third, EPA is proposing to redesignate the Toledo area to attainment for the 8- hour ozone standard, based on a finding that the requirements for this redesignation have been satisfied. Fourth, EPA finds adequate and is proposing to approve the State's 2009 and 2018 Motor Vehicle Emission Budgets (MVEBs) for the Toledo area.

The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on December 28, 2006, and supplemented it on January 12, 2007 and March 9, 2007, for redesignation of the Columbus, Ohio area which includes Delaware, Fairfield, Franklin, Knox, Licking, and Madison Counties to attainment for the 8-hour ozone standard. EPA is proposing to approve several elements associated with this request. First, EPA is making a determination that complete, quality-assured ambient air quality data indicate that the Columbus area has attained the 8-hour ozone standard. Second, EPA is proposing to approve, as revisions to the Ohio State Implementation Plan (SIP), the State's plans for maintaining the 8-hour ozone NAAQS through 2018. Third, EPA is proposing to redesignate the Columbus area to attainment for the 8-hour ozone standard, based on a finding that the requirements for this redesignation have been satisfied. Fourth, EPA finds adequate and is proposing to approve the State's 2009 and 2018 Motor Vehicle Emission Budgets (MVEBs) for the Columbus area.

We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding the entire State of Iowa and two counties in New Jersey, Morris and Somerset, to the list of quarantined areas. We took that action following the detection of pine shoot beetle in these areas. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

The National Parks Omnibus Management Act of 1998 encourages the sale of authentic United States Indian, Alaska Native, Native Samoan and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of units of the national park system. This final rule implements the requirements of the act.

We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model 390 Airplanes. This proposed AD would require you to inspect the starter-generator to determine the serial number (S/N) and suffix letter, which indicates if the part is defective, and replace any defective starter-generator with one of new design. This proposed AD results from reports of a manufacturing error where certain starter-generators may have been improperly shimmed. We are proposing this AD to detect and replace defective starter-generators, which could result in premature starter- generator failure. This failure could lead to increased chances of dual starter-generator failure on the same flight.

On February 15, 2007, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate its portion of the Youngstown area (Mahoning, Trumbull and Columbiana Counties) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a request for EPA approval of an ozone maintenance plan. EPA is making a determination that the Youngstown, Ohio ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is approving, as a State Implementation Plan (SIP) revision, the State's maintenance plan for the Ohio portion of the area. As a result, Ohio has satisfied the criteria for redesignation of Mahoning, Trumbull and Columbiana Counties to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2009 and 2018 that are contained in the 8-hour ozone maintenance plan for the area.

This document sets forth an elective safe harbor that permits dealers in securities and dealers in commodities to elect to use the values of positions reported on certain financial statements as the fair market values of those positions for purposes of section 475 of the Internal Revenue Code (Code). This safe harbor is intended to reduce the compliance burden on taxpayers and to improve the administrability of the valuation requirement of section 475 for the IRS.

The Coast Guard proposes to establish standards and practices concerning the ``all appropriate inquiries'' element of a defense to liability of an owner or operator of a facility that is the source of a discharge or substantial threat of discharge of oil into the navigable waters or adjoining shorelines or the exclusive economic zone. To be entitled to the defense, those persons must show, among other elements not addressed in this rulemaking, that, before acquiring the real property on which the facility is located, they had made all appropriate inquiries into its previous ownership and uses to determine the presence or likely presence of oil. This proposed rule is consistent with a final rule on this subject published by the Environmental Protection Agency.

We, the U.S. Fish and Wildlife Service (Service), propose to revise the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). In 1992, we designated critical habitat for the northern spotted owl on 6,887,000 acres (ac) (2,787,070 hectares (ha)) of Federal lands in California, Oregon, and Washington. In this document we propose revised critical habitat for the northern spotted owl on a total of approximately 5,337,839 acres (ac) (2,160,194 hectares (ha)) of Federal lands in California, Oregon, and Washington. If adopted, this action would result in a net decrease of approximately 1,549,161 ac (626,915 ha) of designated critical habitat for the northern spotted owl.

The EPA is taking direct final action on ``Ambient Air Monitoring Regulations: Correcting and Other Amendments'' to correct and clarify parts of a recent final rule published on October 17, 2006, that amended the ambient air monitoring requirements for criteria pollutants. These errors included several instances where the wording in the preamble and regulatory text were not completely consistent, several regulatory text passages that contained some imprecise language, two instances of regulatory text omission, an outdated address reference, and numerous publication errors in tables and equations. EPA is also amending the monitoring rule to allow EPA Regional Administrators to approve departures from the minimum number of PM10 monitors otherwise specified in the rule. The October 17, 2006, final rule revised requirements for reference and equivalent method determinations, modified requirements for general monitoring network design, and modified other requirements pertaining to quality assurance, annual network plans and assessments, data reporting, monitoring methodology, and probe and monitor siting criteria. All other preamble and regulatory text printed in the October 17, 2006, final rule is correct.

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: