October 18, 2007 – Federal Register Recent Federal Regulation Documents
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Revision of the Requirements for Live Vaccine Processing
The Food and Drug Administration (FDA) is amending the biologics regulations by providing options to the existing requirement for the processing of live vaccines. FDA is amending the regulations due to advances in technology that will allow processing of live vaccines to be performed in multiproduct manufacturing areas. We are publishing this rule because the existing requirement regarding facilities and equipment for live vaccine processing is too prescriptive and is no longer necessary. We are taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations without diminishing public health protection. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under our usual procedures for notice and comment in the event that we receive any significant adverse comments on the direct final rule. If we receive any significant adverse comments that warrant terminating the direct final rule, we will consider such comments on the proposed rule in developing the final rule.
Revision of the Requirements for Live Vaccine Processing; Companion to Direct Final Rule
The Food and Drug Administration (FDA) is proposing to amend the biologics regulations by providing options to the existing requirement for the processing of live vaccines. FDA is proposing to amend the regulations due to advances in technology that will allow processing of live vaccines to be performed in multiproduct manufacturing areas. We are publishing this rule because the existing requirement regarding facilities and equipment for processing live vaccines is too prescriptive and is no longer necessary. We are taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations without diminishing public health protection. This proposed rule is a companion document to the direct final rule published elsewhere in this issue of the Federal Register.
Collection of Information Under Review by Office of Management and Budget: OMB Control Number: 1625-0003
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 a revision of their approval for the following collection of information: 1625-0003, Coast Guard Boating Accident Report Form (CG-3865). Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.
Collection of Information Under Review by Office of Management and Budget: OMB Control Number: 1625-0106
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 an extension of their approval for the following collection of information: 1625-0106, Unauthorized Entry into Cuban Territorial Waters. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.
Use of Locomotive Horns at Highway-Rail Grade Crossings; Technical Amendments to Appendix D
On August 9, 2007, FRA published a direct final rule in the Federal Register which made technical amendments to Appendix D of 49 CFR Part 222. As reflected in DOT Docket No. FRA-2007-27285, FRA did not receive any comments or requests for an oral hearing on the direct final rule. Therefore, FRA is issuing this document to confirm that the direct final rule took effect on October 9, 2007, the date specified in the rule.
Federal Requirements for Propeller Injury Avoidance Measures
The Coast Guard is withdrawing its notice of proposed rulemaking that would require owners of non-planing recreational houseboats with propeller-driven propulsion located aft of the transom to either install a propeller guard or use a combination of other devices to avoid propeller injuries. The rulemaking is being withdrawn after reconsideration of which vessels would be subject to the proposed rule, the nature of the safety measures to be required, and the costs that would likely result.
Drawbridge Operation Regulations; Ouachita River, LA
The Coast Guard is removing the existing drawbridge operation regulation for the draw of the U.S. 165 bridge, mile 110.1, on the Ouachita River at Columbia, Louisiana. The drawbridge has been removed from the waterway. Therefore, the regulation controlling the operation of the drawbridge is no longer necessary.
Securities Offering Disclosure Rules
The Office of the Comptroller of the Currency (OCC) is proposing to amend its securities offering disclosure rules at part 16 so that the organizing group of a national bank in organization will, in most cases, not need to provide audited financial statements as part of a public offering of securities.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Commonwealth of Virginia; Control of Total Reduced Sulfur From Pulp and Paper Mills
EPA is approving a Section 111(d) Plan revision submitted by the Commonwealth of Virginia. The revision consists of amendments to the regulation that controls total reduced sulfur (TRS) from pulp and paper mills. This action is being taken under the Clean Air Act (CAA).
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Extension of Comment Period
EPA is announcing that the comment period to the notice entitled ``NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Solicitation of Comment on Legal Analysis,'' published on September 27, 2007 (72 FR 54875), is being extended until November 27, 2007. In that notice, EPA discusses the standards for hazardous waste combustors that were promulgated on October 12, 2005 (70 FR 59402), and specifically identifies which standards EPA believes are consistent with the Clean Air Act and case law, and which standards are not and need to be reexamined through a subsequent rulemaking. This analysis of the standards is being done in response to several opinions issued by the United States Court of Appeals for the District of Columbia Circuit that call into question the legality of some of the standards for hazardous waste combustors.
Operating Permit Programs and Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Flexible Air Permitting Rule; Proposed Rule
The EPA is announcing an extension of the public comment period on our proposed amendments for the Operating Permit Programs and Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Flexible Air Permitting Rule; Proposed Rule (September 12, 2007). The EPA is extending the comment period that originally ends on November 13, 2007. The extended comment period will close on January 14, 2008. The EPA is extending the comment period because of the timely requests we received to do so.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Study of the United States Institutes on American Politics and Political Thought, Contemporary American Literature, Religious Pluralism in the United States, U.S. Foreign Policy, and for Secondary Educators
The Branch for the Study of the United States, Office of Academic Exchange Programs, Bureau of Educational and Cultural Affairs, invites proposal submissions for the design and implementation of five Study of the United States Institutes to take place over the course of six weeks beginning in June 2008. These institutes should provide a multinational group of experienced educators with a deeper understanding of U.S. society, culture, values and institutions. Four of these institutes will be for groups of 18 foreign university level faculty each, focusing on American Politics and Political Thought, Contemporary American Literature, U.S. Foreign Policy, and Religious Pluralism in the United States. The fifth institute will be a general survey course on the study of the United States, for a group of 30 foreign secondary educators. Applicants may only propose to host one institute listed under this competition.
2007 Federal Acquisition Institute Vendor meeting
The Federal Acquisition Institute (FAI) will hold a vendor meeting to provide information on the Federal Acquisition Certification in Program/Project Management (FAC-P/PM) to include program details, and opportunities for vendors to support the training of federal program and project managers. The purpose of this certification program is to establish the competencies, training, and experience requirements for program and project managers in civilian agencies. The FAC-P/PM focuses on essential competencies needed for program and project managers; the program does not include functional or technical competencies, such as those for information technology, or agency-specific competencies. The certification requirements will be accepted by, at minimum, all civilian agencies as evidence that an employee meets the core competencies, training and experience requirements. The FAC-P/PM was announced by the Office of Federal Procurement Policy (OFPP) on April 25, 2007. At this vendor meeting, FAI will present its approach for partnering with vendors on this initiative. WHO SHOULD ATTEND? Training developers, vendors with Commercial-Off-The- Shelf (COTS) training products, vendors with capabilities related to the full Instructional System Design (ISD) methodologies, professional associations, educational institutions and acquisition training experts. The meeting will be held October 30, 2007 from 2:00 pm to 3:30 pm, GSA Auditorium located at 1800 F Street, NW, Washington, D.C. Register by email: mariahernandez@sra.com, or call (703) 284- 6988.
National Health and Nutrition Examination Survey (NHANES) DNA Samples: Guidelines for Proposals To Use Samples and Cost Schedule
The National Health and Nutrition Examination Survey (NHANES) is a program of periodic surveys conducted by the National Center for Health Statistics (NCHS) of the Centers for Disease Control and Prevention (CDC). Examination surveys conducted since 1960 by NCHS have provided national estimates of the health and nutritional status of the U.S. civilian noninstitutionalized population. To add to the extensive amount of information collected for the purpose of describing the health of the population, DNA specimens were collected during two NHANES surveys. DNA is available in the form of crude lysates of cell lines derived from approximately 7,157 participants enrolled in Phase II of NHANES III (1991-1994). In addition, DNA purified from whole blood is also available from approximately 7,900 participants enrolled in the 1999-2002 NHANES survey years. All specimens (NHANES III and NHANES 1999-2002 were sent to the Division of Laboratory Sciences (DLS) at the National Center for Environmental Health (NCEH) for processing. DNA samples from these specimens are being made available to the research community for genetic analyses. No funding is provided as part of this solicitation. NCHS will begin to accept proposals after the publication of this notice and will continue to accept proposals on an on-going basis. Proposals received within 60 days of the notice will complete review approximately 180 days after the notice is published. After this initial review of proposals, all proposal categories will be reviewed twice a year beginning January 1 and July 1 of each year. Unforeseen circumstances could result in a change to this schedule. Proposals will be reviewed by a technical panel and by an internal Secondary Review Committee of senior CDC scientists. The Secondary Review Committee will perform a programmatic review based on the results of the technical review panel and consider the scientific and technical results from the first level of review, important programmatic considerations such as program priorities, program relevance, and other criteria germane to this announcement and to CDC. Projects approved by both reviews will be submitted to the NCHS Ethics Review Board for final approval. Approved projects that do not obtain funding on their own will be canceled. A more complete description of this program follows.
Proposed CERCLA Administrative Cost Recovery Settlement: Waterbury Realty, LLC and Salvatore Cascino; EPAC Superfund Site, Waterbury, CT
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement of past response costs concerning the EPAC Superfund Site in Waterbury, Connecticut with the following settling parties: Waterbury Realty, LLC and Salvatore Cascino. The settling parties agree to reimburse the Agency $175,000 in past costs payable in two installments; $87,500 to be paid not later than forty-five (45) days following the effective date of the settlement agreement; and, $87,500 to be paid not later than ninety days from the effective date of the settlement agreement. Additionally, the Settling Parties shall pay to EPA twenty-five percent (25%) of any cash payment they receive as a result of any contribution suit or claim against or settlement agreement with Great Brook Realty, Inc., for matters related to the settlement agreement. This settlement includes a covenant not to sue the settling parties pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02114-2023.
Notice of Intent To Prepare a Supplemental Environmental Impact Statement to the Final Environmental Impact Statement and Notice of Request for Public Scoping Comments
Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, and the regulations implemented by the Council on Environmental Quality (40 CFR parts 1500 through 1508), the Department of the Navy (DON) announces its intent to prepare a Supplemental Environmental Impact Statement (SEIS). This SEIS supplements the Navy's 1999 Final Environmental Impact Statement (FEIS), ``Developing Home Port Facilities for Three NIMITZ-Class Aircraft Carriers in Support of the U.S. Pacific Fleet,'' as authorized by the Record of Decision (ROD) dated January 28, 2000 and published in the Federal Register on February 8, 2000 (65 FR 6181). The limited purpose of this SEIS is to supplement the traffic analysis contained in the 1999 FEIS, to assess potential new information, validate impacts to traffic and to analyze the effectiveness of existing traffic mitigation measures implemented per the 2000 ROD when three CVNs home ported at Naval Air Station North Island (NASNI), California are simultaneously in port. Completion of the SEIS is necessary under 40 CFR 1502.9 to assess potential new information and to validate impacts to traffic during infrequent periods when three CVNs home ported at NASNI are simultaneously in port. The SEIS will analyze the effectiveness of existing traffic mitigation measures implemented per the 2000 ROD under these conditions. The SEIS will evaluate impacts such as changes in local traffic conditions, changes in personnel loading and potential changes in CVN operational deployment and maintenance schedules that could affect the average number of days three carriers are simultaneously in port. The SEIS will also evaluate the effects of traffic mitigation measures implemented pursuant to the 2000 ROD. Past, present and reasonably foreseeable future regional actions impacting traffic will be examined from a cumulative impacts perspective. In addition, the SEIS will address infrastructure improvements for Berth LIMA, which include utilities upgrades previously analyzed under the 1999 FEIS and newly defined site improvements and other minor alterations to existing infrastructure. Utilities upgrades include: repairs and upgrades to electrical power, communications and information systems, security lighting, fire protection, steam, compressed air, potable water, wastewater and fueling systems. Site improvements and other alterations include: Demolition of existing fenders, moorings, and pier pavement; installation of new fender pile system (with 200-300 fender piles) and mooring fittings; construction of Anti-Terrorism/Force Protection (AT/FP) features (watch tower, guard kiosk, fencing and surveillance equipment); and demolition, repair and paving of the wharf, sidewalks, curbing, storm water drainage features and vehicle parking areas; and landscaping. It is anticipated that the construction of infrastructure improvements to Berth LIMA will take approximately one year to accomplish. Public input is requested to ensure the scope of the SEIS analysis incorporates public concerns and affords the public an input in the decision making process.
Strategic Plan for Fisheries Research (2007)
NMFS announces the availability of the Strategic Plan for Fisheries Research (2007). The Magnuson-Stevens Act requires the Secretary of Commerce to develop, triennially, a strategic plan for fisheries research for the subsequent years.
Notice of Debarment; Schools and Libraries Universal Service Support Mechanism
The Enforcement Bureau (the ``Bureau'') debars Mr. Federowicz from the schools and libraries universal service support mechanism (or ``E-Rate Program'') for a period of three years based on his conviction of mail fraud in connection with his participation in the program. The Bureau takes this action in order to protect the E-Rate Program from waste, fraud and abuse.
Performance Review Board (PRB)
In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Phosphate Rock Plants (Renewal); EPA ICR Number 1078.08, OMB Control Number 2060-0111
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Pacific Fishery Management Council; Public Meeting; Correction
There has been a change in location of the previously noticed Pacific Fishery Management Council's (Council) Salmon Technical Team (STT), Scientific and Statistical Committee (SSC) Salmon Subcommittee, and Model Evaluation Workgroup (MEW) joint work session, which is open to the public.
Virginia Regulatory Program
We are approving an amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment revises the Virginia Coal Surface Mining Reclamation Regulations concerning review of a decision not to inspect or enforce. The amendment is intended to specify the time limit for filing a request for review of a decision and to identify with whom a request for review should be filed.
Energy Efficiency Program for Certain Commercial and Industrial Equipment: Public Meeting and Availability of the Framework Document for Residential Clothes Dryers and Room Air Conditioners; Correction
DOE published in the Federal Register, Tuesday, October 9, 2007, a notice Energy Efficiency for Certain Commercial and Industrial Equipment: Public Meeting and Availability of the Framework Document for Residential Clothes Dryers and Room Air Conditioners. In that notice, there was an error in the date for accepting comments.
Announcement of National Customs Automation Program Test Concerning Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue Capabilities
This document announces Custom and Border Protection's (CBP's) plan to conduct a National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue capabilities. These new capabilities will provide enhanced account management functions for ACE Portal Accounts. This notice also announces that the types of Portal Accounts in ACE have been expanded. This notice invites public comment concerning any aspect of the planned test, describes the eligibility, procedural and documentation requirements for voluntary participation in the test, and outlines the development and evaluation methodology to be used in the test.
Notice of Temporary One-Day Recreational Shooting Closure
To comply with 43 CFR 8365.1-4(a)(2) Public Health, Safety and Comfort, approximately 6,000 acres of public lands in the Table Mesa Road area, north of Phoenix, Arizona, will be temporarily closed to recreational shooting and all other potentially unsafe or conflicting activities on October 20, 2007 during an all-day BLM sponsored National Public Lands Day (NPLD) volunteer clean-up project.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Guidance for Industry on Special Protocol Assessment
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Guidance for Industry on Special Protocol Assessment'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Notice of Realty Action: Conveyance of Mineral Interests in California; Correction
In the Federal Register notice document 01-8406 beginning on page 18109 in the issue of Thursday, April 5, 2003, make the following correction: On page 18109 in the third column the legal description reads, ``sec. 6, SE1/4NW1/4, SW1/4NE1/4''. This should read ``All the coal and other minerals within that portion of Parcel 2 Map 2415 recorded October 24, 1985 in the Office of the County Recorder, County of Madera, State of California, in Book 31, of Maps, at Page 173, that is within a portion of Lot 3 of Section 6, T. 9S., R. 22 E., Mount Diablo Base and Meridian, according to the official plat thereof, as reserved in patent number 1096001 dated March 11, 1938, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862). Containing 25 acres, more or less.''
Six Rivers National Forest, California; Orleans Community Fuels Reduction and Forest Health Project
The Six Rivers National Forest proposes to address hazardous fuels and forest health concerns through the Orleans Community Fuels Reduction and Forest Health (OCFR) Project, under the Healthy Forest Restoration Act. The area affected by the proposal includes National Forest System lands surrounding the community of Orleans, California, which includes Tribal Trust Lands and portions of the Panamnik World Renewal Ceremonial District. The objective of these treatments is to provide strategic suppression locations across the landscape while reducing contiguous fuel accumulations and chance of catastrophic fires. Approximately 2,721 acres of forest would be treated by either ground-based, skyline, or hand systems. The planning area is located on National Forest System lands administered by the Orleans Ranger District in Humboldt County, California, specifically, within the upper tributaries of the Lower Middle Klamath watersheds. The units are located in portions of: T. 10 N., R. 5 E., Sections 1, 12, 13; T. 10 N., R. 6 E., Sections 4-9, 16- 17; T. 11 N., R. 5 E., Sections 1, 12, 13, 24, 25, 36; and T. 11 N., R. 6 E., Sections 4-9, 16-21, and 28-33.
Meetings of Humanities Panel
Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.
Record of Decision on the Final Environmental Impact Statement for the General Management Plan, Rock Creek Park and the Rock Creek and Potomac Parkway, Washington, DC
Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces the availability of the Record of Decision for the Final Environmental Impact Statement for the General Management Plan, Rock Creek Park and the Rock Creek and Potomac Parkway, Washington, DC. On June 6, 2007 the National Capital Regional Director approved the Record of Decision for the General Management Plan for the Final Environmental Impact Statement. Specifically, the NPS has selected the preferred alternative (Alternative A) as described in the Final General Management Plan for the Environmental Impact Statement based on consideration of economic, environmental, technical, and other factors. The selected alternative and three other alternatives, including a no-action alternative, were analyzed in the Draft and Final Environmental Impact Statements. Each alternative considered (a) how traffic should be managed in the park and on the parkway; (b) the most appropriate levels of service and locations for visitor interpretation and education in the park; (c) the appropriate balance between rehabilitation of historic structures and cultural landscapes and preservation of natural resources; and (d) the most appropriate locations to support park administration and operations functions to minimize resource disturbance. The full range of foreseeable environmental consequences was assessed. The NPS believes Alternative A would best accomplish its goals for managing Rock Creek Park and the Rock Creek and Potomac Parkway. Alternative A was selected by the NPS based on its ability to maintain traditional visitor experiences and activities, enhance resources protection, improve control over non- recreational use of park roads to heighten safety and the quality of the visitor experience, and optimize the use of structures for park purposes. The selected alternative will not result in the impairment of resources and values. The most difficult decision to be made in this general management planning process was the management of traffic on the park road system because these park roads are recognized historic resources and are also the primary means for most visitors to experience the park. They are also heavily used as commuter routes. Under the selected alternative, the existing park roadway system will be retained and non-recreational through-traffic will be accommodated. It continues weekday auto travel throughout the park, but will use traffic-calming and speed enforcement measures to reduce traffic speeds and volumes to improve visitor safety and better control traffic volumes and speeds through the park. Speed tables and additional traffic signs will be installed on Beach Drive in the gorge area. The selected alternative will also enhance interpretation and education opportunities and improve the use of park resources, especially cultural resources. It generally retains the current scope of visitor uses. Additional aspects of this alternative include trail improvement; rehabilitation of the Peirce Mill complex to better focus on history; the moving of park administrative offices from the Peirce- Klingle Mansion at Linnean Hill which will be rehabilitated for adaptive use compatible with park values; the relocation of the U.S. Park Police substation from the Lodge House on Beach Drive with the Lodge House converted to a visitor contact station; and that the nature center will be rehabilitated and expanded, and the planetarium upgraded. The Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, a finding of no impairment of park resources and values and an overview of public involvement in the decision-making process. This decision is the result of a public planning process that began in 1996. The official responsible for this decision is the NPS Regional Director, National Capital Region.
Aquatic Nuisance Species Task Force Meeting
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Facility License Standards
The proposed rules add new sections and a new part to the Commission's regulations in order to ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules are also intended to ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.
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