November 30, 2007 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the Department of State has terminated the statutory debarment against Morris Rothenberg & Son, Inc. (d/b/a ROTHCO) pursuant to section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778(g)(4)).

The Audio Division, at the request of Laramie Mountain Broadcasting, LLC, allots Channel 226C3 at Walden, Colorado, as the community's second local FM service. Channel 226C3 can be allotted to Walden, Colorado, in compliance with the Commission's minimum distance separation requirements with a site restriction of 20.6 km (12.8 miles) west of Walden, at the following reference coordinates: 40-42-01 North Latitude and 106-31-21 West Longitude.

The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Radiation Advisory Committee (RAC) augmented with additional experts to review the draft document entitled ``Multi-Agency Radiation Survey and Assessment of Materials and Equipment (MARSAME) Manual,'' December 2006.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on January 31, 2008. Before submitting this ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

The immigration laws provide that an alien may request and receive a grant of voluntary departure in certain cases; such a grant allows an alien to depart voluntarily during a specified period of time after the order is issued, in lieu of being removed under an order of removal. Voluntary departure is an agreed upon exchange of benefits between the alien and the government that provides tangible benefits for aliens who do depart during the time allowed. There are severe statutory penalties, however, for aliens who voluntarily fail to depart during the time allowed for voluntary departure. This proposed rule would amend the Department of Justice (Department) regulations regarding voluntary departure to allow an alien to elect to file a motion to reopen or reconsider, but also to provide that the alien's filing of a motion to reopen or reconsider prior to the expiration of the voluntary departure period will have the effect of automatically terminating the grant of voluntary departure. Similarly, the rule also provides that the alien's filing of a petition for judicial review shall automatically terminate the grant of voluntary departure. In other words, the rule would afford the alien the option either to abide by the terms of the grant of voluntary departure, in lieu of an order of removal, or to forgo the benefits of voluntary departure and instead challenge the final order on the merits in a motion to reopen or reconsider or a petition for review. If the alien elects to seek further review and forgo voluntary departure, the alien will be subject to the alternate order of removal that was issued in conjunction with the grant of voluntary departure, similar to other aliens who were found to be removable. But this approach also means he or she will not be subject to the penalties for failure to depart voluntarily. The rule also amends the bond provisions for voluntary departure to make clear that an alien's failure to post a voluntary departure bond as required will not have the effect of exempting the alien from the penalties for failure to depart under the grant of voluntary departure. Aliens who are required to post a voluntary departure bond remain liable for the amount of the voluntary departure bond if they do not depart as they had agreed. However, the rule clarifies the circumstances in which aliens will be able to get a refund of the bond amount upon proof that they are physically outside of the United States. In addition, the rule provides that, at the time the immigration judge issues a grant of voluntary departure, the immigration judge will also set a specific dollar amount of not less than $3,000 as a civil money penalty if the alien voluntarily fails to depart within the time allowed.

On July 3, 2007, the Department of Commerce (``the Department'') published the preliminary results of its new shipper review of the antidumping duty order on honey from the People's Republic of China (``PRC'') for the period December 1, 2005, through June 30, 2006. See Honey from the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 72 FR 36422 (July 3, 2007) (``Preliminary Results''). Based on our analysis of the record, including information obtained since the preliminary results, we continue to apply adverse facts available (``AFA'') with respect to Shanghai Bloom International Trading Co., Ltd. (``Shanghai Bloom''), which failed to cooperate to the best of its ability, provided unverifiable information, and impeded the proceeding. See Adverse Facts Available section, below.

The Food and Drug Administration (FDA) is reclassifying from class III to class II the automated blood cell separator device operating by centrifugal separation principle and intended for the routine collection of blood and blood components. FDA is taking this action on its own initiative based on new information. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document that will serve as the special controls for this device, as well as the special controls for the device with the same intended use but operating on a filtration separation principle.

The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of light-walled rectangular pipe and tube from the People's Republic of China. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

The Food and Drug Administration (FDA) is announcing the availability of a document entitled ``Guidance for Industry and FDA Staff: Class II Special Controls Guidance Document: Automated Blood Cell Separator Device Operating by Centrifugal or Filtration Separation Principle'' dated November 2007. The guidance document serves as the special control for the automated blood cell separator device operating on a centrifugal or filtration separation principle intended for the routine collection of blood and blood components, and describes a means by which the device may comply with the requirement of special controls for class II devices. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule to reclassify the automated blood cell separator device operating by centrifugal separation principle into class II (special controls).

This document corrects typographical and technical errors that appeared in the August 29, 2007 Federal Register, entitled ``Medicare Program; Home Health Prospective Payment System Refinement and Rate Update for Calendar Year 2008.''

This notice informs the public of the PBGC flat premium rates for premium payment years beginning in 2008. These rates can be derived from information published elsewhere but are published in this notice for the convenience of the public.

This rule amends Appendix D to the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans by adding the maximum guaranteeable pension benefit that may be paid by the PBGC with respect to a plan participant in a single- employer pension plan that terminates in 2008. The amendment is necessary because the maximum guarantee amount changes each year, based on changes in the contribution and benefit base under section 230 of the Social Security Act. The effect of the amendment is to advise plan administrators, participants and beneficiaries of the increased maximum guarantee amount for 2008.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and continuing information collections, as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3507. The Office of Thrift Supervision within the Department of the Treasury will submit the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. Today, OTS is soliciting public comments on its proposal to extend this information collection.

We, NMFS, announce the initiation of a status review for shortnose sturgeon (Acipenser brevirostrum), and we solicit information on the status of, and factors and threats affecting, the species. The status review is intended to compile and analyze the best available information on the status of and threats to the species and also consider if shortnose sturgeon should be identified and assessed as Distinct Population Segments.

NMFS has received applications from CGGVeritas (Veritas) and Shell Offshore, Inc. (SOI) for Incidental Harassment Authorizations (IHAs) to take marine mammals, by harassment, incidental to conducting an on-ice marine geophysical and seismic programs in the U.S. Beaufort Sea from February to May, 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two authorizations to Veritas and one authorization to SOI to incidentally take, by harassment, small numbers of three species of pinnipeds.

This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to: Replace citations to the President's Notice of October 27, 2006 Continuation of Emergency Regarding Weapons of Mass Destruction with the President's Notice of November 8, 2007 on the same subject, replace public law citations with United States Code citations, and remove outdated citations and to add one previously omitted citation. BIS is making these changes to keep the CFR legal authority citations for the EAR current and to comply with the Office of the Federal Register policy of using United States Code citations for statutory provisions that have been encoded into the United States Code. This rule makes no changes to the text of the EAR.

The FMCSA announces that it has received from Verigo, Incorporated (Verigo) an application for an exemption from the signature requirement for a driver on the record of duty status (RODS). Verigo's application is being made on behalf of all drivers and carriers operating commercial motor vehicles in the U.S. and using the Verigo Wireless Logbook. The exemption would allow a signature entered on an electronic ``signature pad'' to be the functional equivalent of a handwritten signature on the RODS. Verigo states that this will allow the trucking industry to reduce administrative costs and increase productivity by providing a simple and effective alternative to paper RODS. The FMCSA requests public comment on Verigo's application for exemption.

EPA expressed environmental objections to each action alternative because of potential adverse impacts to wetlands, aquatic habitat and fish and wildlife. EPA suggests considering an alternative that will reduce the potential impacts, especially to water quality, by retaining the current leasing acreage, and surface activity restrictions, incorporating both performance based stipulations and Required Operating Procedures until data on effectiveness of these measures become available. Rating EO2.

This is an announcement of a meeting of the Public Safety Officer Medal of Valor Review Board to review applications for the 2006-2007 Medal of Valor Awards and to discuss upcoming activities. Due to the late scheduling of this meeting, publication 15 days prior to the meeting was not possible. This notice will be published less than 15 days prior to the meeting pursuant to 41 CFR 102-3.105(b). The meeting time and location are located below.

This action adds to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.