August 29, 2007 – Federal Register Recent Federal Regulation Documents
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Small Business Size Standards; Adoption of 2007 North American Industry Classification System for Size Standards
The U.S. Small Business Administration (SBA) is amending its Small Business Size Regulations by incorporating the Office of Management and Budget's (OMB) 2007 modifications of the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries. SBA believes that this rule is routine and non-controversial, and the Agency anticipates no significant adverse comment. If SBA receives a significant adverse comment, it will withdraw the rule. SBA is publishing concurrently in this issue of the Federal Register a proposed rule to achieve the same result, that is, to modify its Small Business Size Regulations as contemplated in this direct final rule.
Small Business Size Standards; Adoption of 2007 North American Industry Classification System for Size Standards
The U.S. Small Business Administration (SBA) proposes to amend its Small Business Size Regulations by incorporating the Office of Management and Budget's (OMB) 2007 modifications to the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries. SBA believes that this proposal is routine and non-controversial, and the Agency anticipates no significant adverse comment. Therefore, SBA is publishing concurrently in this issue of the Federal Register a direct final rule to expedite modifying its Small Business Size Regulations as described in this proposed rule. If SBA receives any significant adverse comment to the direct final rule, it will withdraw it, and consider those comments in connection with this proposed rule.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Redesignation of the Murray County 8-Hour Ozone Nonattainment Area to Attainment for Ozone
On June 15, 2007, the State of Georgia, through the Georgia Environmental Protection Division (EPD), submitted a request to redesignate the Murray County 8-hour ozone nonattainment area (Murray County Area) to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Murray County Area. The Murray County 8-hour nonattainment ozone area is a partial county area, comprised of the portion of Murray County that makes up the Chattahoochee National Forest. In this action, EPA is proposing to approve Georgia's 8-hour ozone redesignation request for the Murray County Area. Additionally, EPA is proposing to approve the 8-hour ozone maintenance plan for the Murray County Area, including the regional motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs). This proposed approval of Georgia's redesignation request is based on EPA's determination that Georgia has demonstrated that the Murray County Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including the determination that the Murray County 8-hour ozone nonattainment area has attained the 8-hour ozone standard. In this action, EPA is also describing the status of its transportation conformity adequacy determination for the new regional MVEBs for 2018 that are contained in the 8-hour ozone maintenance plan for the Murray County Area.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2007 Season; Correction
We, the Fish and Wildlife Service (Service), are correcting the DATES section of a final rule that appeared in the Federal Register of April 11, 2007 (72 FR 18317). The final rule published harvest regulations for migratory bird subsistence hunting in Alaska for the 2007 season.
Flutriafol; Time-Limited Pesticide Tolerance
This regulation establishes a time-limited tolerance for residues of flutriafol per se in or on soybean. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybean. This regulation establishes a maximum permissible level for residues of flutriafol per se in this food commodity. The tolerance will expire and is revoked on December 31, 2010.
Flusilazole; Pesticide Tolerances for Emergency Exemptions
This regulation establishes time-limited tolerances for residues of flusilazole in or on soybean seed, soybean aspirated grain fractions, and soybean oil. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes maximum permissible levels for residues of flusilazole in these food commodities. The tolerances expire and are revoked on December 31, 2010.
Dibasic Esters (CAS Reg. No. 95481-62-2); Proposed Pesticide Tolerance Exemption
This document proposes to establish an exemption from the requirement of a tolerance for residues of dibasic esters (DBE; CAS Reg. No. 95481-62-2) under 40 CFR 180.1277 when used as an inert ingredient solvent material/anti-freeze microencapsulated at 10% weight/weight (W/W) or less in pesticide formulations with the active ingredient cyfluthrin. Whitmire Micro-Gen Research Laboratories, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. New data were received by EPA after the publication of the petitoner's Notice of Filing, therefore, EPA is providing the public with an additional opportunity to comment on the petitioner's request in this proposed rule.
State of Nevada; Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by the State of Nevada (petitioner). The petition has been docketed by the NRC and has been assigned Docket No. PRM-2-14. The petitioner asserts that NRC will conduct a ``mandatory'' formal hearing if NRC dockets a Department of Energy (DOE) application for a construction authorization for the proposed Yucca Mountain repository and requests that the NRC amend its regulations governing rules of practice in hearings by specifying the issues to be heard in this ``mandatory'' hearing. The petitioner believes an amendment is necessary because NRC's rules of practice currently only specify issues to be heard in mandatory hearings on nuclear reactor construction permits.
Prevention of Significant Deterioration New Source Review: Refinement of Increment Modeling Procedures
The EPA is announcing a reopening of the public comment period on our proposed amendments for the Prevention of Significant Deterioration New Source Review: Refinements of Increment Modeling Procedures (June 6, 2007). The EPA is reopening the comment period that originally ended on August 6, 2007. The reopened comment period will close on September 28, 2007. The EPA is reopening the comment period because of the number of requests we received in a timely manner.
Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade
In the final rule with this same title published October 18, 2006, we noted that the Office of Management and Budget (OMB) had not approved a collection-of-information associated with the amendments by Sec. Sec. 68.65, 68.70, 68.75, 68.100, 68.107, and 68.109, to the collection-of-information requirements for vessel owners and charterers applying to engage in the coastwise trade under the lease financing provisions of 46 U.S.C. 12119 (formerly 46 U.S.C. 12106(e)). OMB has since approved that collection-of-information and the portions of the rule with these requirements are effective August 29, 2007.
Proposed Modification of Class E Airspace; Tucson, AZ
This action proposes to modify Class E airspace at Tucson, AZ. Additional controlled airspace is necessary to encompass holding patterns and intermediate segments at Tucson International Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at Tucson International Airport, Tucson, AZ.
Radio Broadcasting Services; Peach Springs, Arizona
This document requests comments on a petition for rulemaking filed by Smoke and Mirrors LLC, requesting the substitution Channel 268C3 for vacant Channel 285C3 at Peach Springs, Arizona, and to amend the reference coordinates for that allotment. Channel 268C3 can be allotted at reference coordinates 35-29-35 NL and 113-35-17 WL.
Radio Broadcasting Service; Dinosaur, CO
The Audio Division grants a petition for rule making filed by Cumulus Licensing LLC (``Petitioner'') to allot Channel 262C0 at Dinosaur, Colorado. Channel 262C0 can be allotted at Dinosaur in compliance with the Commission's minimum distance separation requirements at 40-03-26 North Latitude and 108-39-46 West Longitude with a site restriction of 36.4 kilometers (22.6 miles) southeast of the community's reference. A filing window for Channel 262C0 at Dinosaur, Colorado will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.
Propylene Oxide; Pesticide Tolerance
This regulation establishes tolerances for residues of propylene oxide and for the reaction product, propylene chlorohydrin, in or on fig; grape, raisin; and plum, prune, dried, when used as a post-harvest fumigant. This rule additionally removes all directions for use currently listed in 40 CFR 180.491. Aberco, Incorporated requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Spinosad; Pesticide Tolerance
This regulation establishes tolerances for residues of spinosad in or on fish; fish-shellfish, mollusc; and fish-shellfish, crustacean. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Establishment of Policies and Service Rules for the Broadcasting-Satellite Service
The Federal Communications Commission adopts processing and service rules for the 17/24 GHz Broadcasting-Satellite Service (BSS). Specifically, the Commission adopts a first-come, first-served licensing procedure for the 17/24 GHz BSS, as well as various safeguards, reporting requirements, and licensee obligations. The Commission also adopts geographic service rules to require 17/24 GHz BSS licensees to provide service to Alaska and Hawaii as discussed herein. In addition, the Commission establishes rules and requirements for orbital spacing, minimum antenna diameter, and antenna performance standards. Also, the Commission establishes limits for uplink and downlink power levels to minimize the possibility of harmful interference. Finally, the Commission stipulates criteria to facilitate sharing in the 24 GHz and 17 GHz bands.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
Section 137 of the Energy Policy Act of 2005 (Pub. L. 109-58) requires the Commission to conduct a rulemaking to examine the effectiveness of current energy efficiency labeling requirements for consumer products covered by the Energy Policy and Conservation Act. The Commission has completed the required rulemaking and is publishing final amendments to the Appliance Labeling Rule (16 CFR Part 305).
Medicare Program; Home Health Prospective Payment System Refinement and Rate Update for Calendar Year 2008
This final rule with comment period sets forth an update to the 60-day national episode rates and the national per-visit amounts under the Medicare prospective payment system for home health services, effective on January 1, 2008. As part of this final rule with comment period, we are also rebasing and revising the home health market basket to ensure it continues to adequately reflect the price changes of efficiently providing home health services. This final rule with comment period also sets forth the refinements to the payment system. In addition, this final rule with comment period establishes new quality of care data collection requirements. Finally, this final rule with comment period allows for further public comment on the 2.71 percent reduction to the home health prospective payment system payment rates that are scheduled to occur in 2011, to account for changes in coding that were not related to an underlying change in patient health status (section III.B.6).
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