October 2007 – Federal Register Recent Federal Regulation Documents

This gives a consolidated notice of all positions excepted under Schedules A, B, and C as of June 30, 2007, as required by Civil Service Rule VI, Exceptions from the Competitive Service.

EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on March 23, 2006, August 18, 2006 and May 31, 2007. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act Amendments of 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Ventura County Air Pollution Control District is the designated COA. The intended effect of approving the requirements contained in ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (September 2007) is to regulate emissions from OCS sources in accordance with the requirements onshore.

NMFS issues this proposed rule that would implement a joint Amendment 27 to the FMP for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and Amendment 14 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of Mexico (Shrimp FMP)(Amendment 27/14) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would reduce the commercial and recreational quotas for red snapper, reduce the commercial minimum size limit for red snapper, reduce the recreational bag limit for red snapper, prohibit the retention of red snapper under the bag limit for the captain and crew of a vessel operating as a charter vessel or headboat, require the use of non-stainless steel circle hooks when using natural baits to fish for Gulf reef fish, require the use of venting tools and dehooking devices when participating in the commercial or recreational reef fish fisheries, and provide for seasonal closures of the Gulf shrimp fishery to reduce red snapper bycatch consistent with the Amendment's framework procedure. In addition, the proposed rule would establish a target reduction of shrimp trawl bycatch mortality of red snapper, assume a 10-percent reduction in post-hurricane fishing effort and landings when evaluating alternative TACs and management measures or in the alternative, not assume the 10% effort reduction, and establish a framework procedure to adjust the target effort level and closed season for the Gulf shrimp fishery. The measures contained in this proposed rule are intended to satisfy a U.S. District Court Order to establish a revised red snapper rebuilding plan by December 12, 2007, and to end overfishing of the red snapper resource in the Gulf of Mexico.

NMFS announces that the 2007 summer flounder commercial quota allocated to the State of New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2007, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New York that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``FY 2008 Medical Device User Fee Small Business Qualification and Certification.'' This guidance explains how a business headquartered in the United States or headquartered in a foreign nation may respectively qualify as ``small business'' under the medical device user fee provisions of the Federal Food, Drug, and Cosmetic Act (the act). A ``small business'' may pay certain medical device user fees at a substantial discount from the standard (full) fee rates and may obtain a one-time fee waiver for its first premarket application (a premarket approval application (PMA), biologics license application (BLA), product development protocol (PDP), or premarket report (PMR)).

In accordance with the Federal Lands Recreation Enhancement Act of 2004 (FLREA), the Recreation Subcommittee will hold a meeting to finalize draft protocol and guidelines and to discuss membership needs for fiscal year 2008.

Under the provisions of the Federal Advisory Committee Act of 1972, (5. U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it intends to establish a new Federal advisory committee. This discretionary advisory committee, the Secretary of the Navy Advisory Panel, will provide the Secretary of the Navy independent advice and recommendations on the critical matters concerning the Department of the Navy. The Panel's focus will include acquisition reform, the shipbuilding defense industrial base, intelligence organization, and related maritime issues. In accordance with DoD policy and procedures, the Secretary of the Navy is authorized to act upon the advice emanating from this advisory committee. The Secretary of the Navy Panel shall be authorized to establish subcommittees, as necessary and consisted with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the Secretary of the Navy Advisory Panel for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered committee nor can they report directly to the Department of Defense or any Federal officers or employees who are not members of the Secretary of the Navy Advisory Panel. The Secretary of the Navy Advisory Panel shall be composed of not more than 15 members, who are eminent authorities in the fields of national security policy, intelligence, science, engineering, or business and industry. The Secretary of the Navy Panel, in keeping with the DoD policy to make every effort to achieve a balanced membership, shall include a cross section of experts that are directly affected, interested and qualified to advise on U.S. defense and naval issues. Panel and subcommittee members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Panel and subcommittee members shall be appointed on an annual basis by the Secretary of Defense, and with the exception of travel and per diem for official travel, they shall serve without compensation. The Secretary of the Navy shall select the Panel's chairperson from the total Panel membership. The Secretary of the Navy Advisory Panel shall meet at the call of the Panel's Designated Federal Officer, in consultation with the chairperson. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Secretary of the Navy Advisory Panel membership about the Panel's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Secretary of the Navy Advisory Panel. All written statements shall be submitted to the Designated Federal Officer for the Secretary of the Navy Advisory Panel, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Secretary of the Navy Advisory Panel's Designated Federal Officer can be obtained from the GSA's FACA Databasehttps://www.fido.gov/ facadatabase/public.asp. The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Secretary of the Navy Advisory Panel. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.

The Food and Drug Administration (FDA) is announcing a public hearing concerning FDA's policies regarding salt (sodium chloride) and sodium in food. FDA also is announcing the availability for comment of a citizen petition, submitted by the Center for Science in the Public Interest (CSPI), requesting that FDA make changes to the regulatory status of salt, require limits on salt in processed foods, and require health messages related to salt and sodium. The purpose of the hearing is for FDA to share its current framework of policies regarding salt and sodium and to solicit information and comments from interested persons on this current framework and on potential future approaches, including approaches described in the citizen petition.

The FAA is issuing this notice to advise the public of a second meeting of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat (CH) for the guajon (Eleutherodactylus cooki) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 260.6 acres (ac) (105.6 hectares (ha)) fall within the boundaries of the CH designation. The critical habitat is located within the municipalities of Humacao, Juncos, Las Piedras, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2001 Moto Guzzi California motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

We announce our intention to establish one or two negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended (HEA). Each committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We also announce three public hearings where interested parties can suggest issues that should be considered for action by the negotiating committees. In addition, we request nominations for individual negotiators who represent key stakeholder constituencies that are involved in the student financial assistance programs authorized under Title IV of the HEA to serve on these committees.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1993 Ducati 888 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1999-2007 Yamaha Drag Star 1100 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 1999-2000 Hatty 45 foot double-axle trailers that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.

This document requests comments on a petition for rulemaking filed by Katherine Pyeatt, requesting the allotment of Channel 291A at Dilley, Texas. The reference coordinates for Channel 291A at Dilley, Texas, are 28-36-06 NL and 99-06-21 WL. There is a site restriction, 9.6 kilometers (6 miles) southeast of the community. To accommodate this proposed allotment, Petitioner requests the relocation of reference coordinates for vacant Channel 289A at Cotulla, Texas. The proposed reference coordinates for Channel 289A at Cotulla are 28-22-00 NL and 99-17-00 WL. This site is located 9.1 kilometers (5.7 miles) southwest of Cotulla.

The NRC has prepared a draft Environmental Assessment (EA) as its evaluation of a request by the PSEG Nuclear, LLC (PSEG) for license amendments to increase the maximum thermal power at Hope Creek Generating Station (HCGS) from 3,339 megawatts-thermal (MWt) to 3,840 MWt. The EA assesses environmental impacts up to a maximum thermal power level of 3,952 MWt, as the applicant's environmental report was based on that power level. As stated in the NRC staff's position paper dated February 8, 1996, on the Boiling-Water Reactor (BWR) Extended Power Uprate (EPU) Program, the NRC staff would prepare an environmental impact statement if it believes a power uprate would have a significant impact on the human environment. The NRC staff did not identify any significant impact from the information provided in the licensee's EPU application for HCGS or from the NRC staff's independent review; therefore, the NRC staff is documenting its environmental review in an EA. The draft EA and Finding of No Significant Impact are being published in the Federal Register with a 30-day public comment period.

The Food and Drug Administration (FDA) is reopening to December 6, 2007 the comment period for the notice that published in the Federal Register of April 2, 2007 (72 FR 15701); this notice was related to the public hearing of April 27, 2007, concerning the electronic distribution of FDA-approved prescribing information currently contained in the package insert (PI) for prescription drug and biological products. FDA is reopening the comment period for the sole purpose of inviting interested persons to submit comments on the concept of electronic distribution of FDA-approved prescribing information currently contained in the PI for prescription animal drug products.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

This document requests comments on a petition for rule making filed by Oregon Radio Partners, LLC (``Petitioner'') proposing the allotments of Channel 290A at Butte Falls and Channel 232C3 at Netarts, Oregon. The proposed coordinates for Channel 290A at Butte Falls are 42-36-19 NL and 122-24-38 WL with a site restriction of 14.7 km (9.1 miles) northeast of city reference and for Channel 232C3 at Netarts are 45-27-56 NL and 123-58-11 WL with a site restriction of 4.0 km (2.5 miles) northwest of city reference. The petition for rule making is a hybrid contingent filing with two applications: (1) For Station KTIL- FM, Channel 232C3 at Tillamook, Oregon to move to Channel 232C2 at Government Camp, Oregon (file no. BPH-0070125ADO); and (2) for an unbuilt station, Channel 225A at Butte Falls, Oregon to move to Talent, Oregon on the same channel (file no. BNPH-20060310ACD). These applications will be reviewed separately.

The Audio Division, on its own motion, deletes Channel 282C3 at Boswell, Oklahoma to resolve existing distance spacing conflicts. It is Commission policy to refrain from maintaining an allotment in instances where there are no bona fide expressions of interest.