July 16, 2007 – Federal Register Recent Federal Regulation Documents
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Lost River Subwatershed of the Potomac River Watershed, Hardy County, WV
Kevin Wickey, responsible Federal official for projects administered under the provisions of the Flood Control Act of 1944, Public Law 78-534, in the State of West Virginia, is hereby providing notification that a Record of Decision to proceed with the installation of the Lost River Site 16 project on Lower Cove Run is available. Single copies of this Record of Decision may be obtained from Kevin Wickey at the address shown below.
Endangered Species and Marine Mammals; File No. 10014
Notice is hereby given that the New Jersey Department of Environmental Protection (NJDEP), Division of Science, Research and Technology, P.O. Box 409, Trenton, NJ 08625-0409, has applied in due form for a permit to take marine mammals and sea turtles for purposes of scientific research.
Request for Public Comment on the Negotiations for Compensatory Adjustments to U.S. Schedule of Services Commitments Under WTO General Agreement on Trade in Services (GATS) in Response to Notice of the United States of Intent To Modify Its Schedule Under Article XXI of the GATS
The Trade Policy Staff Committee (TPSC) gives notice that the Office of the United States Trade Representative (USTR) requests written submissions from the public concerning the negotiations for compensatory adjustments to U.S. Schedule of Services Commitments under WTO General Agreement on Trade in Services (GATS) in response to notice of the United States of intent to modify its schedule under Article XXI of the GATS. On May 4, 2007, the United States filed with the WTO a notification to the Council for Trade in Services (CTS) pursuant to Article XXI:1(b) of the GATS stating the intention of the United States to modify its commitment for ``other recreational services'' to explicitly exclude gambling and betting services. In accordance with the procedural schedule set out in the WTO ``Procedures for the Implementation of Article XXI of the GATS: Modification of Schedules'' (WTO Document S/L/ 80) (``Article XXI Procedures''), on June 22 the United States received notice from eight WTO Members that they consider that their benefits under the GATS may be affected by the proposed modification. Consequently, consistent with Article XXI:2(a) of the GATS, the United States has entered into negotiations with these WTO Members with a view to reaching agreement on any necessary compensatory adjustment. The aim of such negotiations and agreement shall be to maintain a general level of mutually advantageous commitments not less favorable to trade than that provided for in the U.S. schedules of specific commitments prior to such negotiations.
Safety Zone; Charlevoix Venetian Night Fireworks, Lake Michigan, Charlevoix, MI
The Coast Guard is establishing a temporary safety zone on Lake Michigan near Charlevoix, MI. This zone is intended to restrict vessels from a portion of Lake Michigan during the Charlevoix Venetian Night Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0089
In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) requesting re- instatement, with change, of a previously-approved collection of information: 1625-0089, National Recreational Boating Survey. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.
Meeting on the Use of Alcohol Ignition Interlocks for Reducing Impaired Driving Recidivism
This notice announces a meeting regarding the use of ignition interlocks for convicted impaired driving offenders. The purpose of this meeting is to provide an opportunity for judges, court personnel, treatment professionals and others to discuss issues relating to the use of ignition interlocks by impaired driving offenders, including but not limited to: (1) Technological issues; (2) legal issues; (3) current barriers to the use of ignition interlocks and (4) issues relating to training and education.
Cellular Radiotelephone Service Rules
In this document, the Commission denies a petition for rulemaking seeking a two-year extension, until February 18, 2010, of the requirement that all cellular licensees provide analog service to subscribers and roamers whose equipment conforms to the Advanced Mobile Phone Service standard. It also adopts related measures to ensure the continuity of wireless coverage to affected consumers following sunset of the analog service requirement and to ensure that interested parties are fully informed of the sunset.
Special Local Regulations for Marine Events; John H. Kerr Reservoir, Clarksville, VA
The Coast Guard proposes to establish temporary special local regulations for the ``Clarksville Hydroplane Challenge'', a power boat race to be held on the waters of the John H. Kerr Reservoir adjacent to Clarksville, Virginia. 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 portions of the John H. Kerr Reservoir adjacent to Clarksville, Virginia, during the power boat race.
Special Local Regulations for Marine Events; Back River, Poquoson, VA
The Coast Guard proposes to establish special local regulations during the ``Poquoson Seafood Festival Workboat Races'', a marine event to be held October 14, 2007 on the waters of the Back River, Poquoson, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Back River during the event.
Advisory Committee on the Medical Uses of Isotopes: Call for Nominations
The U.S. Nuclear Regulatory Commission (NRC) is advertising for nominations for the position of Agreement State representative on the Advisory Committee on the Medical Uses of Isotopes (ACMUI).
Public Hearings and Submission of Plans
This action finalizes changes to EPA's regulations specifying the public hearing requirements for State Implementation Plan (SIP) submissions, identifying the method for submission of SIPs and preliminary review of plans; and the criteria for determining the completeness of plan submission requirements to reflect the changes to the public hearing and plan submission requirements. It also updates the addresses to several Regional offices.
Special Local Regulations for Marine Events; Pamlico River, Washington, NC
The Coast Guard is establishing temporary special local regulations for the ``SBIPFountain Powerboats Kilo Run and Super Boat Grand Prix'', a marine event to be held August 3 and August 5, 2007, on the waters of the Pamlico River, near Washington, North Carolina. 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 portions of the Pamlico River during the event.
Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A. Model P-180 Airplanes
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:
Receipt of an Application for an Incidental Take Permit for Single-family Home Construction in Charlotte County, FL
We, the Fish and Wildlife Service (Service), announce the availability of incidental take permit (ITP) and Habitat Conservation Plan (HCP). David Boxer (Applicant) requests an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.23 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The destruction of 0.23 acre of foraging and sheltering habitat is expected to result in the take of one family of scrub-jays. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the scrub-jay.
United States Marine Corps; Privacy Act of 1974; System of Records
The U.S. Marine Corps is adding a system of records notice from its inventory of records systems subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a).
Airworthiness Criteria: Airship Design Criteria for Zeppelin Luftschifftechnik GmbH Model LZ N07 Airship
This action reopens the comment period stated in the notice of availability of proposed design criteria and request for comments for the airworthiness criteria on the airship design criteria for the Zeppelin Luftschifftechnik GmbH Model LZ N07 Airship. The notice was issued on April 10, 2007 and published on May 3, 2007 (72 FR 24656). In that document, the FAA announced the availability and request for comments on a design criteria for the airship.
Special Local Regulations for Marine Events; Choptank River, Cambridge, MD
The Coast Guard proposes to establish temporary special local regulations during the ``Cambridge Offshore Challenge'', a marine event to be held over the waters of the Choptank River at Cambridge, Maryland. 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 Choptank River during the event.
New York; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New York (FEMA-1710-DR), dated July 2, 2007, and related determinations.
Kansas; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Kansas (FEMA-1711-DR), dated July 2, 2007, and related determinations.
Findings of Misconduct in Science
Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Kristin Roovers, Ph.D., University of Pennsylvania: Based on an investigation conducted by the University of Pennsylvania (UP) and additional analysis and information obtained by the Office of Research Integrity during its oversight review, the U.S. Public Health Service (PHS) found that Kristin Roovers, Ph.D., former postdoctoral fellow, Departments of Medicine, Cell and Developmental Biology, and Pharmacology, and Howard Hughes Medical Institute, and former graduate student, Department of Pharmacology, UP, engaged in misconduct in science in research funded by National Heart, Lung, and Blood Institute (NHLBI), National Institutes of Health (NIH), grants R01 HL061567, P50 HL057278, and T32 HL07873, National Institutes of Diabetes and Digestive and Kidney Diseases (NIDDK), NIH, grants P30 DK52574 and R01 DK066886, National Cancer Institute (NCI), NIH, grant R01 CA72639, and National Institute of General Medical Sciences (NIGMS), NIH, grants R01 GM48224, R01 GM58224, R01 GM51878, and R01 GM69064. Dr. Roovers' manipulations and falsification of data were extensive, encompassing 19 panels of Western blot data, appearing in 11 figures in 3 publications from her research as a graduate student and her first postdoctoral position and in 9 panels of immunoblot data in 8 figures of an unpublished manuscript. Specifically, the findings involved falsification by duplication and reuse of immunoblot data to misrepresent the results as data from different experiments that had been reported in the following manuscript and three publications: Figures 2C, 3C, 4D, 4E, 6C, 7B, and supplement Figures 1, 2B, and 3B in a manuscript submitted to the Journal of Clinical Investigation entitled: ``Akt1 promotes physiologic, but antagonizes pathologic, cardiac growth.'' Figures 3A, 3C, and 4A in: Welsh, C.F., Roovers, K., Villanueva, J., Liu, Y., Schwartz, M.A., & Assoian, R.K. ``Timing of cyclin D1 expression within G1 phase is controlled by Rho.'' Nature Cell Biology 3(11):950-957, 2001. Figures 1, 2A, 2B, 3A, 3C, 4A, 4B, 6C, 6D, and 6E in: Roovers, K., & Assoian, R.K. ``Effects of rho kinase and actin stress fibers on sustained extracellular signal-regulated kinase activity and activation of G(1) phase cyclin-dependent kinases.'' Mol. Cell Biol. 23(12):4283-4294, 2003. Retracted in Mol. Cell Biol. 26(13):5203, July 2006. Figures 1C, 2C, 5B, 5D, 6B and 6D in: Roovers, K., Klein, E.A., Castagnino, P., & Assoian, R.K. ``Nuclear translocation of LIM kinase mediates Rho-Rho kinase regulation of cyclin D1 expression.'' Developmental Cell 5 (2):273-284, 2003. Retracted in Developmental Cell 10(5):681, May 2006. Corrections were recommended by UP for the Nature Cell Biology paper. Dr. Roovers' falsified Western blot data from the publications in Nature Cell Biology and from Developmental Cell were included in NIH grant applications CA 72639-07 and GM 69064-01. ORI has implemented the following administrative actions for a period of five (5) years, beginning on June 7, 2007: (1) Dr. Roovers is debarred from eligibility for any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as ``covered transactions'' as defined in HHS' implementation of OMB Guidelines to Agencies on Governmentwide Debarment and Suspension at 2 CFR part 376, et seq.; and (2) Dr. Roovers is prohibited from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant.
Privacy Act of 1974; Implementation
The National Labor Relations Board (NLRB) issues a final rule exempting three systems of records and portions of four other systems of records from certain provisions of the Privacy Act of 1974, 5 U.S.C. 552a, pursuant to Section (k)(2) of that Act, 5 U.S.C. 552a(k)(2), and amending existing Privacy Act regulations for clarity.
Qualified Zone Academy Bonds; Obligations of States and Political Subdivisions
This document contains final and temporary regulations that provide guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. The temporary regulations implement the amendments to section 1397E of the Internal Revenue Code (Code) (discussed in this preamble) and provide guidance on the maximum term, permissible use of proceeds, and remedial actions for qualified zone academy bonds. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. The portions of this rule that are final regulations provide necessary cross-references to the temporary regulations.
Qualified Zone Academy Bonds; Obligations of States and Political Subdivisions
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the Federal income tax treatment of qualified zone academy bonds. This document contains proposed regulations that provide guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. The regulations implement the amendments to section 1397E of the Internal Revenue Code (Code) and provide guidance on the maximum term, permissible use of proceeds, and remedial actions for qualified zone academy bonds. The text of those regulations also serves as the text of these proposed regulations. This document also withdraws proposed regulations published March 26, 2004.
Standards for Business Practices for Interstate Natural Gas Pipelines; Standards for Business Practices for Public Utilities
The Federal Energy Regulatory Commission (Commission) is amending its open access regulations governing standards for business practices and electronic communications with interstate natural gas pipelines and public utilities. The Commission is incorporating by reference certain standards promulgated by the Wholesale Gas Quadrant (WGQ) and the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB). Through this rulemaking, the Commission is seeking to improve coordination between the gas and electric industries in order to improve communications about scheduling of gas- fired generators.
Solicitation of Applications for the National Technical Assistance, Training, Research and Evaluation Program: Regional Training Curriculum Implementation
The Economic Development Administration (EDA) is soliciting applications for FY 2007 National Technical Assistance, Training, Research and Evaluation program (NTA Program) funding. Recent studies on economic development, including several EDA-funded reports, stress the importance of a regional approach to successful economic development. However, the actual implementation of economic development from the regional perspective is not robust. Therefore, in FY 2006, EDA funded the development of a practitioner-oriented curriculum to acquaint local economic development practitioners with the benefits, process, and practice of economic regionalism. Pursuant to this notice and the NTA Program, EDA now solicits applications to deliver this curriculum to practitioners across the Nation. EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Through its NTA Program, EDA works towards fulfilling its mission by funding research and technical assistance projects to promote competitiveness and innovation in rural and urban regions throughout the United States and its territories. By working in conjunction with its research partners, EDA will help States, local governments, and community-based organizations to achieve their highest economic potential.
Hazardous Materials: Conversion of Special Permits into Regulations of General Applicability
PHMSA is in the process of reviewing widely-used special permits to identify those that have proven safety records and should be converted into the Hazardous Materials Regulations (HMR) as regulations of general applicability. A special permit is an authorization issued by PHMSA that allows a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained or that, in an emergency, is necessary to protect life or property. Incorporation of special permits into the HMR is a regulatory reform effort.
Privacy Act of 1974; Implementation of Exemptions
On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change.
Privacy Act of 1974: Implementation of Exemptions; Redress and Response Records System
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a new system of records entitled the Redress and Response Records System from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Redress and Response Records System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Update to Materials Incorporated by Reference
EPA is updating the materials submitted by Virginia that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Virginia Department of Environmental Quality (DEQ) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments
This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.
National Volatile Organic Compound Emission Standards for Aerosol Coatings
This action proposes a national reactivity-based volatile organic compound (VOC) emissions regulation for the aerosol coatings (aerosol spray paints) category under section 183(e) of the Clean Air Act (CAA). The proposed standards implement section 183(e) of the CAA, as amended in 1990, which requires the Administrator to control VOC emissions from certain categories of consumer and commercial products for purposes of minimizing VOC emissions contributing to ozone formation and causing non-attainment. This regulation will establish a nationwide reactivity-based standard for aerosol coatings. States have promulgated rules for the aerosol coatings category based upon reductions of VOC by mass; however, the Agency believes that a national rule based upon the relative reactivity approach may achieve more reduction in ozone formation than can be achieved by a mass-based approach for this specific product category. EPA believes that this rule will better control a product's contribution to ozone formation by encouraging the use of less reactive VOC ingredients, rather than treating all VOC in a product alike through the traditional mass-based approach. We are also proposing to revise EPA's regulatory definition of VOC exempt compounds for purposes of this regulation in order to account for all the reactive compounds in aerosol coatings that contribute to ozone formation. Therefore, compounds that would not be VOC under the otherwise applicable definition will count towards a product's reactivity limits under this proposed regulation. The initial listing of product categories and schedule for regulation was published on March 23, 1995 (60 FR 15264). This proposed action announces EPA's final decision to list aerosol coatings for regulation under group III of the consumer and commercial product category for which regulations are mandated under section 183 (e) of the Act.
National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving
EPA is issuing six national emissions standards for hazardous air pollutants for seven area source categories. The final emissions standards and associated requirements for two area source categories (Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication) are combined in one subpart. These final rules include emission standards that reflect the generally available control technologies or management practices in each of these area source categories.
Environmental Impact Statement: Albany County, NY
The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for the proposed Interstate 87 (I-87) Exit 3, Airport Connector project in Albany County, New York.
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