July 12, 2007 – Federal Register Recent Federal Regulation Documents

Approval of Implementation Plans of Mississippi: Clean Air Interstate Rule
Document Number: E7-13567
Type: Proposed Rule
Date: 2007-07-12
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Mississippi State Implementation Plan (SIP) submitted on January 16, 2007. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR requirements for Mississippi. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plans (CAIR FIPs) concerning sulfur dioxide (SO2), nitrogen oxide (NOX) annual, and NOX ozone season emissions for Mississippi. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires states to reduce emissions of SO2 and NOX that significantly contribute to nonattainment of, and interfere with maintenance of, the national ambient air quality standards (NAAQS) for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires states to submit SIP revisions that implement these budgets in states that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Mississippi would meet CAIR requirements by participating in the EPA-administered cap-and- trade programs addressing SO2, NOX annual, and NOX ozone season emissions.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Adjustments to the 2007 Black Sea Bass, and Total Allowable Landings (TAL) and Loligo Squid Initial Optimum Yield (IOY)
Document Number: E7-13555
Type: Rule
Date: 2007-07-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS restores 18,142 lb (8.23 mt) of unused research set-aside (RSA) to the 2007 black sea bass TAL and 151,235 lb (68.60 mt) of unused RSA to the Loligo squid IOY, and makes corresponding adjustments to the 2007 black sea bass commercial quota, the 2007 black sea bass recreational harvest limit, and the 2007 Loligo squid commercial Trimester II and III quotas. The adjustments are intended to return unallocated RSA quotas to the respective fisheries.
Addition of Entities to the Entity List
Document Number: E7-13551
Type: Rule
Date: 2007-07-12
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add five (5) entities located in Iran to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements.
Soybean Promotion and Research Program; Section 610 Review
Document Number: E7-13548
Type: Rule
Date: 2007-07-12
Agency: Agricultural Marketing Service, Department of Agriculture
This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Soybean Promotion, Research, and Consumer Information Program under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA). Based upon its review, AMS has determined that the Soybean Research and Promotion Order (Order) should be continued without change.
Onions Grown in South Texas; Exemption of Onions for Export
Document Number: E7-13547
Type: Rule
Date: 2007-07-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule exempting onions being shipped to export markets from regulations prescribed under the South Texas onion marketing order. The marketing order regulates the handling of onions grown in South Texas, and is administered locally by the South Texas Onion Committee (Committee). This rule continues in effect the action that provides a special purpose shipment exemption for onions being shipped to export markets. Under this change, onion shipments for export will continue to be exempt from the grade, size, quality, and inspection requirements of the marketing order. This rule continues in effect the action that provides handlers additional flexibility in marketing onions of different grades and quality in various markets outside of the U.S. This change helps the South Texas onion industry develop additional markets for its onions, while increasing returns to producers and providing an increased supply of onions to help satisfy a rapidly developing export market.
Approval of Implementation Plans of Alabama: Clean Air Interstate Rule
Document Number: E7-13543
Type: Proposed Rule
Date: 2007-07-12
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Alabama State Implementation Plan (SIP) submitted on March 7, 2007. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. The Alabama Department of Environmental Management (ADEM) also previously submitted a final submittal dated June 16, 2006, which was subsequently updated in a prehearing request for parallel processing on November 16, 2006, to comply with EPA's revisions to the model rule. Alabama's final March 7, 2007, submittal replaces the State's June 16, 2006, and November 16, 2006, submittals. EPA is proposing to determine that the SIP revision fully implements the CAIR requirements for Alabama. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plans (CAIR FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual and NOX ozone season emissions for Alabama. The CAIR FIPs for all states in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires states to reduce emissions of SO2 and NOX that significantly contribute to nonattainment of, and interfere with maintenance of, the national ambient air quality standards (NAAQS) for fine particulates and/or ozone in any downwind state. CAIR establishes state budgets for SO2 and NOX and requires states to submit SIP revisions that implement these budgets in states that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Alabama would meet CAIR requirements by participating in the EPA-administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.
Raymond A. Crandall; Receipt of Petition for Rulemaking
Document Number: E7-13539
Type: Proposed Rule
Date: 2007-07-12
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking dated May 17, 2007, filed by Raymond A. Crandall (petitioner). The petition was docketed by the NRC and has been assigned Docket No. PRM-50-87. The petitioner is requesting that the NRC amend the regulations that govern domestic licensing of production and utilization facilities to eliminate the specific criteria related to the radiological doses for control room habitability at nuclear power plants. The petitioner believes that the current deterministic radiological dose requirements for control room habitability have resulted in several negative safety consequences, including an increased risk to public safety.
Apricots Grown in Designated Counties in Washington; Suspension of Container Regulations
Document Number: E7-13538
Type: Rule
Date: 2007-07-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending the container regulations prescribed under the Washington apricot marketing order. This rule continues in effect the action that indefinitely extended the temporary 2006 season container regulation suspension. The marketing order regulates the handling of fresh apricots grown in designated counties in the State of Washington, and is administered locally by the Washington Apricot Marketing Committee (Committee). This relaxation in the regulatory requirements allows handlers to pack and ship apricots in any size, shape, or type of container, thus providing the apricot industry with increased marketing flexibility.
Safety Zone; Mackinac Bridge 50th Anniversary Celebration, Lake Huron, St. Ignace, MI
Document Number: E7-13504
Type: Rule
Date: 2007-07-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Huron, St. Ignace, MI. This zone is intended to restrict vessels from a portion of Lake Huron during the Mackinac Bridge 50th Anniversary Celebration July 28, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
Safety Zone; Mackinac Bridge 50th Anniversary Celebration, Lake Huron, Mackinaw City, MI
Document Number: E7-13503
Type: Rule
Date: 2007-07-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Huron, Mackinaw City, MI. This zone is intended to restrict vessels from a portion of Lake Huron during the Mackinac Bridge 50th Anniversary Celebration July 28, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
Safety Zone; USA Wakeboard Nationals, Onondaga Lake, Liverpool, NY
Document Number: E7-13501
Type: Rule
Date: 2007-07-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Onondaga Lake, Liverpool, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with a Power Boat Race. This safety zone restricts vessel traffic from a portion of Onondaga Lake, Liverpool, NY.
Revised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct
Document Number: E7-13500
Type: Proposed Rule
Date: 2007-07-12
Agency: Department of Justice
This rule proposes to amend the record-keeping, labeling, and inspection requirements to account for changes in the underlying statute made by Congress in enacting the Adam Walsh Child Protection and Safety Act of 2006.
Deductions for Entertainment Use of Business Aircraft; Correction
Document Number: E7-13498
Type: Proposed Rule
Date: 2007-07-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to notice of proposed rulemaking that was published in the Federal Register on Friday, June 15, 2007 (72 FR 33169) relating to the use of business aircraft for entertainment.
Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee
Document Number: E7-13485
Type: Proposed Rule
Date: 2007-07-12
Agency: Federal Communications Commission, Agencies and Commissions
Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. submitted applications seeking permission to transfer control of Commission licenses and authorizations held by XM and Sirius to a single, combined entity. The proposed transfer conflicts with language which prohibits such a combination in an earlier Commission order. The Notice of Proposed Rulemaking (``NPRM'') seeks comment on whether the language in question constitutes a binding Commission rule and, if so, whether the Commission should waive, modify, or repeal the prohibition in the event that the Commission determines that the proposed merger, on balance, would serve the public interest.
Airworthiness Directives; Rolls-Royce plc RB211-524 and -535 Series Turbofan Engines
Document Number: E7-13410
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-524 and -535 series turbofan engines. This AD requires initial and repetitive fluorescent penetrant inspections (FPI) of the high pressure (HP) compressor stage 1 and 2 rotor discs for cracks. This AD results from reports of low-cycle- fatigue cracks found at overhaul in the interface weld between the HP compressor stage 1 and 2 rotor disc. We are issuing this AD to prevent uncontained engine failure and damage to the airplane.
Provision of Hospital Care and Medical Services During Certain Disasters or Emergencies
Document Number: E7-13278
Type: Proposed Rule
Date: 2007-07-12
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to establish regulations regarding the provision of hospital care and medical services under the VA Emergency Preparedness Act of 2002 to individuals responding to, involved in, or otherwise affected by certain disasters or emergencies (including individuals who otherwise do not have VA eligibility for such care and services).
Air Force Academy Preparatory School
Document Number: E7-13250
Type: Proposed Rule
Date: 2007-07-12
Agency: Department of Defense, Department of the Air Force, Air Force Department
This proposed rule tells how to apply for the Air Force Academy Preparatory School. It also explains the procedures for selection, disenrollment, and assignment. This rule has been updated to identify USAFA's revised mission statement and the authority, add responsibilities, new selection criteria, and updates of associated Air Force Instructions.
Airworthiness Directives; AEROTECHNIC Vertiebs-u. Service GmbH Model Honeywell CAS67A ACAS II Systems Appliances
Document Number: E7-13249
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:
Airworthiness Directives; Cirrus Design Corporation Models SR20 and SR22 Airplanes
Document Number: E7-13248
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. This AD requires you to replace the pick-up collar support and nylon screws, of the Cirrus Airplane Parachute System (CAPS), with a new design pick-up collar support and custom tension screws. This AD results from a CDC report of an in-flight CAPS activation where the parachute failed to successfully deploy. We are issuing this AD to correct pick-up collar support fasteners of the CAPS, which could result in the premature separation of the collar. This condition, if not corrected, could result in the parachute failing to successfully deploy (CAPS failure).
Airworthiness Directives; Pacific Aerospace Corporation, Ltd Model 750XL Airplanes
Document Number: E7-13242
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:
Airworthiness Directives; Airbus Model A330 and A340 Airplanes
Document Number: E7-13117
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A330 and A340 airplanes. This AD requires revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This AD results from fuel system reviews conducted by the manufacturer. We are issuing 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.
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) Airplanes
Document Number: E7-13081
Type: Rule
Date: 2007-07-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) airplanes. This AD requires inspecting to identify the part number and serial number of the selector valves of the nose landing gear (NLG) and the nose gear door, and doing related investigative and corrective actions if necessary. This AD results from reports of uncommanded partial retractions of the NLG. We are issuing this AD to prevent internal leakage of the selector valve, which, under certain conditions, could result in an uncommanded retraction of the NLG with consequent damage to the airplane and possible serious injury to ground personnel.
Avocados Grown in South Florida; Secretary's Decision and Referendum Order on Proposed Amendment of Marketing Agreement No. 121 and Order No. 915
Document Number: 07-3408
Type: Proposed Rule
Date: 2007-07-12
Agency: Agricultural Marketing Service, Department of Agriculture
This decision proposes amendments to Marketing Agreement No. 121 and Order No. 915 (order), which regulate avocados grown in South Florida, and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on those proposed by the Florida Avocado Administrative Committee (Committee), which is responsible for local administration of the order. The amendments would: Add authority for the Committee to borrow funds; revise voting requirements for changing the assessment rate; allow for District 1 nominations to be conducted by mail; and add authority for the Committee to accept voluntary contributions. The proposed amendments are intended to improve the operation and functioning of the marketing order program.
Federal Motor Vehicle Safety Standards; Tire Pressure Monitoring Systems
Document Number: 07-3382
Type: Rule
Date: 2007-07-12
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document responds in part to petitions for reconsideration of our statutorily-mandated rulemaking establishing a new Federal motor vehicle safety standard (FMVSS) requiring installation in new light vehicles of a tire pressure monitoring system (TPMS) capable of detecting when one or more of a vehicle's tires is significantly under-inflated. We established the standard in a final rule published in April 2005. We responded to petitions for reconsideration of that final rule in a final rule published in September 2005. This final rule responds to the petition for reconsideration of our September 2005 final rule submitted by the Alliance of Automobile Manufacturers, which raised a number of technical issues pertaining to the combined low tire pressure/TPMS malfunction indicator lamp. (The agency will respond subsequently in a separate notice to a second petition for reconsideration submitted by ETV Corporation Pty Limited.) We are granting the Alliance's petition, and through this document, we are amending the standard accordingly. We anticipate that today's amendments, which are of a minor technical nature, will not necessitate redesign of current TPMSs nor appreciably change the costs of compliance with the safety standard.
Medicare Program; Proposed Revisions to Payment Policies Under the Physician Fee Schedule, and Other Part B Payment Policies for CY 2008; Proposed Revisions to the Payment Policies of Ambulance Services Under the Ambulance Fee Schedule for CY 2008; and the Proposed Elimination of the E-Prescribing Exemption for Computer-Generated Facsimile Transmissions
Document Number: 07-3274
Type: Proposed Rule
Date: 2007-07-12
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would address certain provisions of the Tax Relief and Health Care Act of 2006, as well as make other proposed changes to Medicare Part B payment policy. We are proposing these changes to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. This proposed rule also discusses refinements to resource-based practice expense (PE) relative value units (RVUs); geographic practice cost indices (GPCI) changes; malpractice RVUs; requests for additions to the list of telehealth services; several coding issues including additional codes from the 5-Year Review; payment for covered outpatient drugs and biologicals; the competitive acquisition program (CAP); clinical lab fee schedule issues; payment for renal dialysis services; performance standards for independent diagnostic testing facilities; expiration of the physician scarcity area (PSA) bonus payment authorized by section 413 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA); conforming and clarifying changes for comprehensive outpatient rehabilitation facilities (CORFs); a process for updating the drug compendia at section 1861(t)(2)(B) of the Social Security Act (the Act); physician self-referral issues; beneficiary signature for ambulance transport services; durable medical equipment (DME) update; the chiropractic services demonstration; a Medicare economic index (MEI) data change; technical corrections; issues related to therapy services; revisions to the ambulance fee schedule; the ambulance inflation factor for CY 2008; and the proposal to eliminate the exemption for computer-generated facsimile transmissions from the National Council for Prescription Drug Programs (NCPDP) SCRIPT standard for transmitting prescription and certain prescription-related information for Part D eligible individuals.
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