December 4, 2007 – Federal Register Recent Federal Regulation Documents

Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area
Document Number: E7-23518
Type: Rule
Date: 2007-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.
Fisheries of the Northeastern United States; Regulatory Amendment to Modify Recordkeeping and Reporting and Observer Requirements; Correction
Document Number: E7-23513
Type: Rule
Date: 2007-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On April 23, 2007, NMFS published in the Federal Register a final rule to implement measures requiring observers for participating hagfish vessels in the Federal Register as part of the hagfish information collection program. On June 13, 2007, NMFS published a separate final rule that inadvertently deleted these regulations implemented in the April 23, 2007, rule. This correcting amendment corrects this error by reinstating the language regarding hagfish observer requirements.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for Connecticut
Document Number: E7-23509
Type: Rule
Date: 2007-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the 2007 summer flounder commercial quota allocated to the State of Connecticut has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Connecticut 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 Connecticut 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 Connecticut.
Reasonable Charges for Medical Care or Services
Document Number: E7-23505
Type: Rule
Date: 2007-12-04
Agency: Department of Veterans Affairs
This final rule amends the Department of Veterans Affairs (VA) medical regulations concerning ``reasonable charges'' for medical care or services provided or furnished by VA to certain veterans for nonservice-connected disabilities. It changes the process for determining interim billing charges when a new Diagnosis Related Group (DRG) code or Current Procedural Terminology/Healthcare Common Procedure Coding System (CPT/HCPCS) code identifier is assigned to a particular type or item of medical care or service and VA has not yet established a charge for the new identifier. This process is designed to provide interim billing charges that are very close to what the new billing charges would be when the charges for the new identifiers are established in accordance with the regulations. This final rule also changes the regulations by removing all of the provisions for discounts of billed charges. This will eliminate or reduce duplicate discounting and thereby prevent unintended underpayments to the government.
Disclosure to Shareholders; Annual Report to Shareholders
Document Number: E7-23502
Type: Rule
Date: 2007-12-04
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA, Agency, we) issues this final rule amending our regulations to allow Farm Credit System (System) institutions 90 calendar days to prepare and distribute annual reports to shareholders, while retaining the 75 calendar day requirement for electronic reporting and distribution to the FCA.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E7-23499
Type: Rule
Date: 2007-12-04
Agency: Environmental Protection Agency
This document corrects the direct final notice of deletion of the Standard Auto Bumper Site from the National Priorities List, published in the Federal Register of August 27, 2007. This correction clarifies that all Institutional Controls (ICs) are in place and recorded at the site.
Approval and Promulgation of Implementation Plans; State of Missouri; General Conformity
Document Number: E7-23484
Type: Rule
Date: 2007-12-04
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Missouri State Implementation Plan (SIP) to amend the General Conformity Rule to include de minimis emission levels for Particulate Matter 2.5 (PM2.5). This update ensures consistency with the Federal General Conformity Rule.
Approval and Promulgation of Implementation Plans; State of Missouri; General Conformity
Document Number: E7-23483
Type: Proposed Rule
Date: 2007-12-04
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Missouri State Implementation Plan (SIP) to amend the General Conformity Rule to include de minimus emission levels for Particulate Matter 2.5 (PM2.5). This update ensures consistency with the Federal General Conformity Rule.
Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Approval of Construction Permit Waiver
Document Number: E7-23482
Type: Proposed Rule
Date: 2007-12-04
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) on May 1, 2007. The WDNR has submitted for approval into its SIP a revision which allows the State to issue a waiver to a source allowing it to commence construction prior to a construction permit being issued, in certain cases. This provision is only allowed for minor sources which meet specific criteria, and WDNR must follow established procedures to grant a waiver. In addition, the revision also contains changes to Wisconsin's fee provisions to allow a fee to be charged for the waiver. EPA is proposing to approve this revision because it is consistent with Federal regulations governing state permit programs.
Expanded Definition of Byproduct Material; Notification of Waiver Termination
Document Number: E7-23470
Type: Rule
Date: 2007-12-04
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document announces that on November 30, 2007, in accordance with Section 651(e) of the Energy Policy Act of 2005 and the provisions of the ``Plan for the Transition of Regulatory Authority Resulting from the Expanded Definition of Byproduct Material'' (transition plan) issued by the U.S. Nuclear Regulatory Commission (Commission or NRC) on October 19, 2007 (72 FR 59157), the Commission determined that the States listed below have a program to license byproduct material, as defined in Sections 11e.(3) and (4) of the Atomic Energy Act of 1954, as amended, that is adequate to protect the public health and safety. This determination is based on certifications provided to the Commission by Governors of these States.
Occupational Dose Records, Labeling Containers, and the Total Effective Dose Equivalent
Document Number: E7-23469
Type: Rule
Date: 2007-12-04
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC or Commission) is amending its regulations related to the reporting of annual dose to workers, the definition of Total Effective Dose Equivalent (TEDE), the labeling of certain containers holding licensed material, and the determination of cumulative occupational radiation dose. This final rule limits the routine reporting of annual doses to those workers whose annual dose exceeds a specific dose threshold or who request a report. This final rule also modifies the labeling requirements for certain containers holding licensed material within posted areas in nuclear power facilities. This final rule also amends the definition of TEDE to be consistent with current Commission policy. Finally, this rule removes the requirement that licensees attempt to obtain cumulative exposure records for workers unless these individuals are being authorized to receive a planned special exposure. These revisions reduce the administrative and information collection burdens on NRC and Agreement State licensees without affecting the level of protection for either the health and safety of workers and the public, or for the environment.
Airworthiness Directives; Boeing Model 747-400 and 747-400D Series Airplanes
Document Number: E7-23460
Type: Proposed Rule
Date: 2007-12-04
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-400 and 747-400D series airplanes. This proposed AD would require a general visual inspection of the power feeder wire bundle of the auxiliary power unit (APU) where it crosses the hydraulic system 4 return tube to determine if parts are installed to provide separation between the wire bundle and hydraulic tube. This proposed AD would also require related investigative and corrective actions if necessary. This proposed AD results from a report that the power feeder wire bundle of the APU was found touching the hydraulic system return tube during inspection of an airplane. We are proposing this AD to prevent insufficient clearance between the wire bundle and hydraulic tube that could lead to chafing of the wire bundle, which could cause arcing and a consequent hydraulic fluid fire in an area outside of the smoke detection and fire extinguishing zone; this condition could result in an uncontrolled fire on the airplane.
Airworthiness Directives; Cirrus Design Corporation Models SR20 and SR22 Airplanes
Document Number: E7-23456
Type: Proposed Rule
Date: 2007-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) that applies to certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. The earlier NPRM would have required you to inspect and, as necessary, adjust the aileron and rudder rigging and would have required you to modify, inspect, and, as necessary, adjust the rudder-aileron interconnect system. The earlier NPRM resulted from a jamming of the aileron and rudder controls on a Model SR20 airplane, which resulted in loss of rudder and aileron flight controls. Since issuance of the NPRM, CDC revised the service information as a result of comments received on the NPRM, and the FAA has determined the changes to the service information are necessary to address the unsafe condition. The changes in the revised service information include the addition of airplanes to the Applicability; a requirement to check rudder, aileron, and rudder-aileron interconnect rigging; a requirement to replace the attaching hardware and clamp at the end of the rudder- aileron interconnect arm; and an increase in work-hours to do the proposed actions. This proposed AD would require you to use the revised service information and would require you to report any out-of-rig condition found. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these additional actions.
Drawbridge Operation Regulations; Pinellas Bayway Structure “E” (SR 679) Bridge, Gulf Intracoastal Waterway, mile 113, St. Petersburg Beach, Pinellas County, FL
Document Number: E7-23412
Type: Proposed Rule
Date: 2007-12-04
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the drawbridge regulation of the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf Intracoastal Waterway, mile 113, St. Petersburg Beach, Pinellas County, Florida. This rule is needed to provide vehicular traffic relief during heavy vehicular traffic periods flowing into a nearby county park while still meeting the reasonable needs of mariners.
Amendment to the Current Good Manufacturing Practice Regulations for Finished Pharmaceuticals
Document Number: E7-23294
Type: Rule
Date: 2007-12-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending certain regulations as the first phase of an incremental approach to modifying the current good manufacturing practice (CGMP) regulations for finished pharmaceuticals. We are amending the regulations to modernize or clarify some of the CGMP requirements, as well as harmonize some of the CGMP requirements with those of other foreign regulators and other FDA regulations. These amendments are also consistent with current industry practice. We are taking this action as part of our continuing effort to revise outdated regulations without diminishing public health protection. We are issuing a direct final rule for this action because FDA expects there will be no significant adverse comments on these amendments. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule, under our usual notice-and- comment rulemaking procedures, to provide a procedural framework to finalize the rule in the event the agency receives any significant adverse comments and withdraws this direct final rule. The companion proposed rule and direct final rule are substantively identical.
Amendment to the Current Good Manufacturing Practice Regulations for Finished Pharmaceuticals; Companion Document to the Direct Final Rule
Document Number: E7-23292
Type: Proposed Rule
Date: 2007-12-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is publishing this companion proposed rule to the direct final rule, published elsewhere in this issue of the Federal Register, which is intended to amend certain sections of the regulations as the first phase of an incremental approach to modifying the current good manufacturing practice (CGMP) regulations for finished pharmaceuticals.
Current Good Manufacturing Practice; Amendment of Certain Requirements For Finished Pharmaceuticals; Withdrawal
Document Number: E7-23271
Type: Proposed Rule
Date: 2007-12-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the withdrawal of a proposed rule published in the Federal Register of May 3, 1996 (61 FR 20103) (the May 1996 proposed rule). The May 1996 proposed rule would have amended certain requirements of the current good manufacturing practice (CGMP) regulations for finished pharmaceuticals. These proposed changes would have clarified certain manufacturing, quality control, and documentation requirements and would have updated the requirements for process and methods validation. In light of more recent scientific and technical advances and evolving quality systems and risk management concepts, FDA concludes that, at this time, it is appropriate to withdraw the May 1996 proposed rule and newly evaluate the issues raised in that proposal.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E7-23047
Type: Rule
Date: 2007-12-04
Agency: Federal Aviation Administration, Department of Transportation
This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity
Document Number: E7-22962
Type: Rule
Date: 2007-12-04
Agency: National Highway Traffic Safety Administration, Department of Transportation
In this final rule, we (NHTSA) address the problem of motor home and recreation vehicle trailer overloading by amending the Federal Motor Vehicle Safety Standards (FMVSS) on tire selection and rims. This final rule requires manufacturers of all motor homes and recreation vehicle trailers to provide information to consumers in a label that informs the consumer about the vehicle's load carrying capacity. This information is helpful both at the time the consumer is making a purchase decision and as the consumer uses his or her vehicle. We also require that the size of tires on motor homes and recreation vehicle trailers be the same as the size of the tires listed on the tire information label. In addition, this rule provides regulatory relief for dealers from a labeling requirement in the safety standard on tire selection and rims for light vehicles. The standard's requirement can currently require dealers which add even small amounts of weight to re-label the vehicles. Under today's amendment, any party that adds weight to a completed vehicle exceeding the lesser of 1.5 percent of the vehicle's gross vehicle weight rating or 100 pounds (before first sale to the retail customer) is required to disclose this extra weight on labels affixed to the vehicles. Lesser amounts of weight may be added without changing or adding labels. It is our belief that this rule complements the efforts of the recreation vehicle industry to provide consumers with information in order to help reduce overloading motor homes and recreation vehicle trailers. This rulemaking was initiated in response to a petition from Ms. Justine May.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments
Document Number: 07-5925
Type: Rule
Date: 2007-12-04
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule announces inseason changes to management measures in the commercial Pacific Coast groundfish fishery. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Medicare Program, Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships (Phase III), Correction
Document Number: 07-5905
Type: Rule
Date: 2007-12-04
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on September 5, 2007 entitled ``Medicare Program, Physicians'' Referrals to Health Care Entities With Which They Have Financial Relationships (Phase III).''
Medicaid Program; Optional State Plan Case Management Services
Document Number: 07-5903
Type: Rule
Date: 2007-12-04
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This interim final rule with comment period revises current Medicaid regulations to incorporate changes made by section 6052 of the Deficit Reduction Act of 2005. In addition, it incorporates provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, the Omnibus Budget Reconciliation Act of 1986, the Tax Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1987, and the Technical and Miscellaneous Revenue Act of 1988, concerning case management and targeted case management services. This interim final rule with comment period will provide for optional coverage of case management services or targeted case management services furnished according to section 1905(a)(19) and section 1915(g) of the Social Security Act. This interim final rule with comment period clarifies the situations in which Medicaid will pay for case management activities and also clarifies when payment will not be consistent with proper and efficient operation of the Medicaid program, and is not available.
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment
Document Number: 07-5644
Type: Rule
Date: 2007-12-04
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document amends the Federal Motor Vehicle Safety Standard (FMVSS) No. 108 on lamps, reflective devices, and associated equipment by reorganizing the regulatory text so that it provides a more straightforward and logical presentation of the applicable regulatory requirements, which includes the agency's interpretation of the existing requirements. It also greatly reduces the need to consult relevant third-party standards by including applicable requirements directly into the main body of Standard No. 108, rather than incorporating such provisions by reference. This final rule does not impose any new substantive requirements on manufacturers. In addition, this document amends 49 CFR Part 564, Replaceable Light Source Information, by adding a newly created Appendix C, which relocates figures addressing sealed beam headlamps that currently reside in FMVSS No. 108 and a relevant Society of Automotive Engineers (SAE) standard there. We believe few lighting manufacturers still produce sealed beam headlamps, and their diminishing use is unlikely to draw new manufacturers of this type of lamp. Accordingly, we see no drawbacks to consolidating the information regarding sealed beam light sources with other light source information currently located in 49 CFR Part 564.
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