November 8, 2007 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; Response to Court on Significant Portion of the Range, and Evaluation of Distinct Population Segments, for the Queen Charlotte Goshawk (Accipiter gentilis laingi
Document Number: E7-21902
Type: Rule
Date: 2007-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce our response to the May 24, 2004, order of the United States District Court for the District of Columbia in Southwest Center for Biological Diversity, et al. v. Norton, et al. (Civil Action No. 98-0934 (RMU)), directing the Service, on remand, to determine whether Vancouver Island constitutes a significant portion of the range of the Queen Charlotte goshawk (Accipiter gentilis laingi) and whether the goshawk should be listed as threatened or endangered on Vancouver Island, in connection with our 1997 finding on a petition to list the Queen Charlotte Goshawk as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best scientific and commercial data available, we conclude that Vancouver Island is a significant portion of the Queen Charlotte goshawk's range and that listing the subspecies on Vancouver Island is warranted. In addition to addressing the court's remand, we have assessed whether listing is warranted for the Queen Charlotte goshawk beyond Vancouver Island. Our review has indicated that the subspecies' populations in British Columbia and Alaska each constitute distinct population segments (DPSs) of the Queen Charlotte goshawk. Based on differences in forest management, with substantially greater existing and anticipated habitat loss in British Columbia than in Alaska, we find that we have sufficient information about biological vulnerability and threats to the goshawk to determine that the entire British Columbia DPS warrants listing as threatened or endangered. We find that the best available information on biological vulnerability and threats to the goshawk does not support listing the Alaska DPS as threatened or endangered at this time. Pursuant to section 4(b)(3)(B)(ii) we will promptly publish in the Federal Register a proposed rule to list the British Columbia DPS of the Queen Charlotte goshawk. In that proposed rule we will indicate whether the British Columbia DPS and the Vancouver Island portion of the range should be listed as either endangered or threatened.
Canadian Pacific Railway Company, et al.-Control-Dakota, Minnesota, & Eastern Railroad Corp., et al.
Document Number: E7-21901
Type: Notice
Date: 2007-11-08
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (Board) has reviewed the submission filed October 5, 2007, by Canadian Pacific Railway Corporation (CPRC), Soo Line Holding Company, a Delaware Corporation and indirect subsidiary of CPRC (Soo Holding), Dakota, Minnesota & Eastern Railroad Corporation (DM&E), and Iowa, Chicago & Eastern Railroad Corporation, a wholly owned rail subsidiary of DM&E (IC&E). The submission is styled as an application seeking Board approval under 49 U.S.C. 11321-26 of the acquisition of control of DM&E and IC&E by Soo Holding (and, indirectly, by CPRC). This proposal is referred to as the ``transaction,'' and, for ease, CPRC, Soo Holding, DM&E, and IC&E are referred to collectively as ``Applicants.'' The Board finds that the transaction would be a ``significant transaction'' under 49 CFR 1180.2(b). The Board's rules at 49 CFR 1180.4(b) require that applicants give notice 2 to 4 months prior to the filing of an application in a ``significant'' transaction. Because Applicants did not file the required prefiling notification before their October 5 submission seeking Board approval of this ``significant'' transaction, and did not pay the filing fee for a ``significant'' transaction, their submission cannot be treated as an application at this time. The Board will, however, consider the October 5 submission a prefiling notification and publish notice of it in the Federal Register, which has the effect of permitting Applicants to perfect their application, and provide any supplemental materials or information, on or after December 5, 2007. When filing a prefiling notification, merger applicants in a ``significant'' transaction must propose a procedural schedule for Board review of their proposed transaction. As part of their tender of an application for a ``minor'' transaction, Applicants had proposed a procedural schedule that tracks the statutory deadlines for processing ``minor'' applications. Because the Board finds the proposed transaction to be ``significant,'' Applicants must file with the Board no later than November 13, 2007, a revised proposed procedural schedule that reflects the Board's determination that this is a ``significant'' transaction. The Board will promptly seek public comments on a proposed procedural schedule, with comments due 10 days after publication of the proposed procedural schedule in the Federal Register. Section 1180.4(b) also calls for merger applicants to indicate in their prefiling notification the year to be used for the impact analysis required in ``significant'' transactions. In their October 5 submission, Applicants cite the 2005 Carload Waybill Sample in their market analysis. The Board therefore designates 2005 as the year to be used for impact analysis in the application. In addition, Applicants must submit the difference between the filing fee for a ``minor'' transaction (which Applicants already have paid) and the fee for a ``significant'' transaction when they perfect their application on or after December 5, 2007.
Combined Notice of Filings #2
Document Number: E7-21900
Type: Notice
Date: 2007-11-08
Agency: Department of Energy, Federal Energy Regulatory Commission
Notice of Public Workshop To Discuss the Possible Need for Suspension of Operations Specifically Related to High Pressure or High Temperature Equipment
Document Number: E7-21895
Type: Proposed Rule
Date: 2007-11-08
Agency: Department of the Interior, Minerals Management Service
The MMS will hold a workshop to discuss the possible need to develop a new regulation allowing for a Suspension of Operations, specifically related to high pressure or high temperature equipment needed for safe drilling, completion, or production operations. This Suspension of Operations would allow for an extension of a lease when the modification of existing technology is considered necessary in order to operate in frontier areas due to unexpected high temperatures or high pressures encountered on your lease. This type of Suspension of Operations would not apply to the initial design, development, or manufacturing of new technology. Workshop Date: January 23, 2008, beginning at 9 a.m. Workshop Location:The workshop will be held at the Gulf of Mexico Regional Office, Minerals Management Service, Room 111, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. All interested parties are invited to attend.
Capacity Building for Community Development and Affordable Housing Grants; Technical Correction and Extension of Application Deadline
Document Number: E7-21890
Type: Notice
Date: 2007-11-08
Agency: Department of Housing and Urban Development
On September 18, 2007, HUD published a NOFA for Capacity Building for Community Development and Affordable Housing Grants. To clarify the scope of eligible applicants, HUD has decided to publish this technical correction. Additionally, to permit eligible applicants sufficient time to prepare their applications for assistance, HUD has also determined to extend the deadline.
Extensions of Credit by Federal Reserve Banks
Document Number: E7-21889
Type: Rule
Date: 2007-11-08
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of a decrease in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically decreased by formula as a result of the Board's primary credit rate action.
Defense Federal Acquisition Regulation Supplement; Waiver of Specialty Metals Restriction for Acquisition of Commercially Available Off-the-Shelf Items (DFARS Case 2007-D013)
Document Number: E7-21888
Type: Rule
Date: 2007-11-08
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to waive application of 10 U.S.C. 2533b for acquisitions of commercially available off-the-shelf (COTS) items. 10 U.S.C. 2533b, established by Section 842 of the National Defense Authorization Act for Fiscal Year 2007, places restrictions on the acquisition of specialty metals not melted or produced in the United States.
Drawbridge Operation Regulations; Tar River, Washington, NC
Document Number: E7-21883
Type: Rule
Date: 2007-11-08
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the US17-264 Bridge, at mile 37.2, across Tar River at Washington, NC. This deviation allows the drawbridge to remain closed to navigation to facilitate sandblasting and painting operations.
Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent Bay), Ocean City, MD
Document Number: E7-21882
Type: Proposed Rule
Date: 2007-11-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the regulations that govern the operation of the US 50 Bridge across the Isle of Wight Bay (Sinepuxent Bay), at mile 0.5, in Ocean City, MD. The proposal would close the drawbridge to navigation in order to facilitate extensive rehabilitation and to maintain the bridge's operational integrity. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Revision of VOR Federal Airway 363; CA
Document Number: E7-21825
Type: Rule
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
This action revises VOR Federal Airway 363 (V-363) between the Mission Bay, CA, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) and the Pomona, CA, VORTAC. Specifically, the FAA is making this realignment to provide a southwestern route structure to circumnavigate the Camp Pendleton, CA, range complex.
Automatic Contribution Arrangements
Document Number: E7-21821
Type: Proposed Rule
Date: 2007-11-08
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations under sections 401(k), 401(m), 402(c), 411(a), 414(w), and 4979(f) of the Internal Revenue Code relating to automatic contribution arrangements. These proposed regulations will affect administrators of, employers maintaining, participants in, and beneficiaries of eligible plans that include an automatic contribution arrangement under section 401(k)(13), 401(m)(12), or 414(w).
Revisions to the California State Implementation Plan, Kern County Air Pollution Control District
Document Number: E7-21815
Type: Rule
Date: 2007-11-08
Agency: Environmental Protection Agency
EPA is finalizing full approval of revisions to the Kern County Air Pollution Control District (KCAPCD) portion of the California State Implementation Plan (SIP). EPA is also finalizing full disapproval of a revision to the KCAPCD portion of the California SIP. These actions were proposed in the Federal Register on December 19, 2006 and concern permitting requirements. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action directs California to replace the SIP rules with the approved rules and to retain in the SIP the present SIP version of the disapproved rule.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
Document Number: E7-21782
Type: Rule
Date: 2007-11-08
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 the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Public Information Collections Approved by Office of Management and Budget
Document Number: E7-21778
Type: Notice
Date: 2007-11-08
Agency: Federal Communications Commission, Agencies and Commissions
Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested
Document Number: E7-21775
Type: Notice
Date: 2007-11-08
Agency: Federal Communications Commission, Agencies and Commissions
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.
Requirements for Human Blood and Blood Components Intended for Transfusion or for Further Manufacturing Use
Document Number: E7-21565
Type: Proposed Rule
Date: 2007-11-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) proposes to revise and update the regulations applicable to blood and blood components, including Source Plasma and Source Leukocytes, to add donor requirements that are consistent with current practices in the blood industry, and to more closely align the regulations with current FDA recommendations. FDA is taking this action to help ensure the safety of the national blood supply and to help protect donor health by requiring establishments to evaluate donors for factors that may adversely affect the safety, purity, and potency of blood and blood components or the health of a donor during the donation process.
Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS)
Document Number: E7-21434
Type: Rule
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
This final rule amends FAA regulations for certification and operations of transport category airplanes. These changes are necessary to help ensure continued safety of commercial airplanes. They improve the design, installation, and maintenance of airplane electrical wiring systems and align those requirements as closely as possible with the requirements for fuel tank system safety. This final rule organizes and clarifies design requirements for wire systems by moving existing regulatory references to wiring into a single section of the regulations specifically for wiring and by adding new certification rules. It requires holders of type certificates for certain transport category airplanes to conduct analyses of their airplanes and make necessary changes to existing Instructions for Continued Airworthiness (ICA) to improve maintenance procedures for wire systems. It requires operators to incorporate ICA for wiring into their maintenance or inspection programs. And finally, this final rule clarifies requirements of certain existing rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs.
Sunshine Act Meeting
Document Number: 07-5605
Type: Notice
Date: 2007-11-08
Agency: United States Postal Service Board of Governors, Postal Service, Agencies and Commissions
Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
Document Number: 07-5594
Type: Rule
Date: 2007-11-08
Agency: Coast Guard, Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) and the Coast Guard invite interested members of the smart card technology community, vendors of biometric card readers, and the general public to meet in Washington, DC to discuss the Transportation Worker Identification Credential (TWIC) Reader Hardware and Card Application Specification. The meeting will be open to the public and will also be available by teleconference.
Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine); Public Meeting; Extension of Comment Period
Document Number: 07-5593
Type: Proposed Rule
Date: 2007-11-08
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing a public meeting to solicit comments on a proposed rule that would amend FDA's regulation on the use of ozone-depleting substances (ODSs) in self- pressurized containers to remove the essential-use designation for oral pressurized metered-dose inhalers (MDIs) containing epinephrine. The proposed rule was published in the Federal Register of September 20, 2007 (72 FR 53711). Information from the public meeting, which is required by agency regulations, will be considered in finalizing the rulemaking. In addition, the comment period on the proposed rule is being extended to December 19, 2007, to accommodate the meeting and to provide a short period after the meeting to receive additional comments.
National Security Telecommunications Advisory Committee
Document Number: 07-5592
Type: Notice
Date: 2007-11-08
Agency: Department of Homeland Security, National Communications System
The meeting of the President's National Security Telecommunications Advisory Committee (NSTAC) scheduled for November 8, 2007 from 2 p.m. to 3 p.m. is cancelled. Notice of this meeting was published in the October 12, 2007, Federal Register at 58110-58111.
Closed Meeting of the National Advisory Council on Indian Education
Document Number: 07-5591
Type: Notice
Date: 2007-11-08
Agency: Department of Education
This notice sets forth the schedule and proposed agenda of an upcoming teleconference meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of the meeting. This notice also describes the functions of the Council. Notice of the Council's meetings is required under section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter. Agenda: The purpose of the meeting will be for the Council to conduct a review of the applications for the vacant position of Director of the Office of Indian Education and to make their recommendation to the Department. This notice is appearing in the Federal Register less than 15 days before the date of the meeting due to scheduling difficulties within the agency and with the Council. Date and Time: Nov. 15, 2007; 1 p.m. to 3 p.m. EST. Location: The Department of Education will provide a 1-800-call in number for all NACIE members.
Annual Meeting
Document Number: 07-5589
Type: Notice
Date: 2007-11-08
Agency: Appalachian States Low-Level Radioactive Waste Commission, Agencies and Commissions
Meeting of the DOD Advisory Group on Electron Devices
Document Number: 07-5588
Type: Notice
Date: 2007-11-08
Agency: Office of the Secretary of Defense, Department of Defense
The DoD Advisory Group on Electron Devices (AGED) announces a closed session meeting.
Notice of Final Federal Agency Actions on Proposed Highways in Texas
Document Number: 07-5587
Type: Notice
Date: 2007-11-08
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to various proposed highway projects in the State of Texas. Those actions grant licenses, permits, and approvals for the projects.
United States
Document Number: 07-5586
Type: Notice
Date: 2007-11-08
Agency: Antitrust Division, Department of Justice
Operating Limitations at New York LaGuardia Airport; Notice of Order
Document Number: 07-5583
Type: Notice
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
On August 7, 2007, the FAA proposed amendments to the December 12, 2006, order (the Order) that temporarily limits flight operations at New York's LaGuardia Airport (LaGuardia). Under the Order, the FAA limited scheduled and unscheduled operations at the airport to prevent congestion-related delays associated with LaGuardia's limited runway capacity. The FAA is issuing amendments to the Order as proposed with little modification.
Notice of Lodging of Two Consent Decrees
Document Number: 07-5582
Type: Notice
Date: 2007-11-08
Agency: Department of Justice
Notice of Lodging Proposed Consent Decrees
Document Number: 07-5579
Type: Notice
Date: 2007-11-08
Agency: Department of Justice
National Research Advisory Council; Notice of Meeting
Document Number: 07-5578
Type: Notice
Date: 2007-11-08
Agency: Department of Veterans Affairs
Notice of Availability of the Biennial Report to Congress on the Status of Children in Head Start Programs
Document Number: 07-5577
Type: Notice
Date: 2007-11-08
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
The Administration for Children and Families announces publication of the Biennial Report to the Congress on the Status of Children in Head Start Programs, Fiscal Year 2005. The report is mandated under Section 650 of the Head Start Act, as amended, which requires the Secretary of Health and Human Services to submit a report to the Congress at least once during every two-year period on the status of children in Head Start programs. During fiscal year 2005 more than 906,000 children were enrolled in Head Start programs including 62,000 children in Early Head Start programs serving children between birth and three years of age.
Submission for OMB Review; Comment Request
Document Number: 07-5576
Type: Notice
Date: 2007-11-08
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications
Document Number: 07-5575
Type: Notice
Date: 2007-11-08
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
Agency Information Collection Activity Seeking OMB Approval
Document Number: 07-5574
Type: Notice
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation, Department of Transportaion
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, vol. 72, no. 157, pages 45861-45862. The FAA collects information from airport sponsors and planning agencies in order to administer the Airports Grants Program.
Agency Information Collection Activity Seeking OMB Approval
Document Number: 07-5573
Type: Notice
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation, Department of Transporation
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, Vol. 72, No. 157, page 45863. This report is necessary to establish qualifications of eligibility to receive voluntary psychological training with the U.S. Air Force and will be used as proper evidence of training.
Agency Information Collection Activity Seeking OMB Approval
Document Number: 07-5572
Type: Notice
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, vol. 72, no. 157, page 45864. FAR Part 43 prescribes the rules governing maintenance, rebuilding, and alteration of aircraft and aircraft components, and is necessary to ensure this work is performed by qualified persons, and at proper intervals.
Public Notice for Waiver of Aeronautical Land-Use Assurance, James M. Cox Dayton International Airport, Dayton, OH
Document Number: 07-5542
Type: Notice
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the release of 6.03 acres of airport property for the development of a corporate facility. The land consists of 2 parcels. Both parcels were acquired under grant 9-33-025- C813. There are no impacts to the airport by allowing the airport to lease the property. The land is not needed for aeronautical use. Approval does not constitute a commitment by the FAA to financially assist in the lease of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the lease of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107 (h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.
Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs
Document Number: 07-5374
Type: Rule
Date: 2007-11-08
Agency: Department of Agriculture, Commodity Credit Corporation, Farm Service Agency
This rule streamlines the Farm Service Agency's (FSA) regulations governing its direct Farm Loan Programs. The final rule simplifies and clarifies FSA's direct loan regulations; implements the recommendations of the USDA Civil Rights Action Team; meets the objectives of the Paperwork Reduction Act of 1995; and separates FSA's direct Farm Loan Programs regulations from the Rural Development mission area's loan program regulations.
Modification of Class E Airspace; Poplar Bluff, MO
Document Number: 07-5317
Type: Rule
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
This document confirms the effective date of the direct final rule which revises Class E airspace at Poplar Bluff, MO.
Modification of Class E Airspace; Lee's Summit, MO
Document Number: 07-5316
Type: Rule
Date: 2007-11-08
Agency: Federal Aviation Administration, Department of Transportation
This document confirms the effective date of the direct final rule which revises Class E airspace at Lee's Summit, MO.
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