December 14, 2007 – Federal Register Recent Federal Regulation Documents

Sally Shaw; Denial of Petition for Rulemaking
Document Number: E7-24291
Type: Proposed Rule
Date: 2007-12-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM) submitted by Sally Shaw on June 23, 2006. The petition, docketed as PRM-51-11, requests that the NRC prepare a rulemaking to reconcile NUREG-1437, ``Generic Environmental Impact Statement for License Renewal of Nuclear Plants'' (May 1996) (GEIS), for nuclear power plant operating license renewal applications with the National Academy of Sciences' (NAS), ``Health Risks From Exposure to Low Levels of Ionizing Radiation: Biological Effects of Ionizing Radiation (BEIR) VII, Phase 2,'' Seventh Ed., 2005 report. The petitioner believes that this action is necessary because the BEIR VII report represents new and significant information on radiation standards and risk factors that must be reflected in NRC's GEIS. Although the NRC recognizes that the petition highlighted that BEIR VII contains a more refined risk assessment based on additional medical data and a better dosimetry system, the NRC is denying PRM-51-11 because it does not provide significant information or arguments that were not previously considered by the Commission.
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
Document Number: E7-24280
Type: Proposed Rule
Date: 2007-12-14
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission tentatively concludes that it should amend the Commission's rules under the Telephone Consumer Protection Act (TCPA) to require telemarketers to honor registrations with the National Do-Not-Call Registry so that registrations will not automatically expire based on the five year registration period. The Commission proposes extending this requirement indefinitely to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Registry to protect consumer privacy rights. Also in this document, the Commission seeks comment on this tentative conclusion and on how best to coordinate this rule change with the Federal Trade Commission (FTC).
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: E7-24245
Type: Rule
Date: 2007-12-14
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in January 2008. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Updated Statutory and Regulatory Provisions; Rescissions
Document Number: E7-24243
Type: Proposed Rule
Date: 2007-12-14
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is proposing to approve certain revisions, and to disapprove certain other revisions, to the Nevada State Implementation Plan submitted by the Nevada Division of Environmental Protection on January 12, 2006 and June 26, 2007. The provisions that are proposed for approval include certain definitions; prohibitory rules; provisions related to legal authority and enforcement; rules establishing opacity, sulfur and volatile organic compound limits; and rescission of abbreviations. The proposed approval of a certain statutory provision related to legal authority is contingent upon receipt of public process documentation of adoption of the provision as a revision to the state implementation plan. The proposed disapproval relates to rescission of a certain definition and rescission of a rule related to emission discharge information. EPA is proposing this action under the Clean Air Act obligation to take action on submittals of revisions to state implementation plans. The intended effect is to update the Nevada state implementation plan with amended or recodified rules and with an amended statutory provision and to rescind a provision found to be unnecessary for further retention in the plan.
Exceptional Events Rule; Notice of Action Denying Petition for Reconsideration
Document Number: E7-24242
Type: Rule
Date: 2007-12-14
Agency: Environmental Protection Agency
The EPA is providing notice that it has responded to a petition for reconsideration of the Exceptional Events Rule (EER). On March 22, 2007, EPA finalized a rule in the Federal Register to govern the review and handling of air quality monitoring data influenced by exceptional events. Section 319 of the Clean Air Act (CAA), as amended by section 6013 of the Safe Accountable Flexible Efficient- Transportation Equity Act: A Legacy for Users (SAFE-TEA-LU) of 2005 required the Administrator to publish a proposed rule in the Federal Register by March 1, 2006. Further, SAFE-TEA-LU required the EPA Administrator to publish a final rule within 1 year of the proposal. The final rule on the ``Treatment of Data Influenced by Exceptional Events'' became effective on May 21, 2007. Subsequent to the publication of this action, a petition for reconsideration from the Natural Resources Defense Council (NRDC) was received by EPA on May 21, 2007, signed by John D. Walke; Director, Clean Air Program; Natural Resources Defense Council; 1200 New York Avenue, NW., Suite 400, Washington, DC 20005-3928. The EPA considered the petition and supporting information along with information contained in the rulemaking docket (Docket number EPA-HQ-OAR-2005-0159-0163) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petition for reconsideration in a letter to the petitioner dated November 5, 2007. The letter documents EPA's reasons for the denial.
Approval and Promulgation of Implementation Plans; Missouri; Clean Air Interstate Rule
Document Number: E7-24230
Type: Rule
Date: 2007-12-14
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the Missouri State Implementation Plan (SIP) submitted on May 18, 2007. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA has determined that the SIP revision fully implements the CAIR requirements for Missouri. As a result of this action, EPA will also withdraw, through a separate rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning SO2, NOX annual, and NOX ozone season emissions for Missouri. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is approving today, Missouri has met the CAIR requirements by electing to participate in the EPA- administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.
Truth in Lending
Document Number: E7-24222
Type: Rule
Date: 2007-12-14
Agency: Federal Reserve System, Agencies and Commissions
The Board is revising the official staff commentary to Regulation Z, which implements the Truth in Lending Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation Z.
Equal Credit Opportunity
Document Number: E7-24221
Type: Rule
Date: 2007-12-14
Agency: Federal Reserve System, Agencies and Commissions
The Board is revising the official staff commentary to Regulation B, which implements the Equal Credit Opportunity Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation B.
Airworthiness Directives; Piaggio Aero Industries S.p.A. Model P 180 Airplanes
Document Number: E7-24216
Type: Proposed Rule
Date: 2007-12-14
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; Air Tractor, Inc. AT-400, AT-500, AT-600, and AT-800 Series Airplanes
Document Number: E7-24215
Type: Proposed Rule
Date: 2007-12-14
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) that applies to certain Air Tractor, Inc. (Air Tractor) AT-400, AT-500, AT-600, and AT-800 series airplanes. The earlier NPRM proposed to supersede Airworthiness Directive (AD) 2007-13-17, which applies to certain Air Tractor Models AT-602, AT-802, and AT-802A airplanes. AD 2007-13-17 currently requires you to repetitively inspect the engine mount for any cracks, repair or replace any cracked engine mount, and report any cracks found to the FAA. The earlier NPRM proposed to retain the inspection actions of AD 2007-13-17 for Models AT-602, AT-802, and AT-802A airplanes, including the compliance times and effective dates; establish new inspection actions for the AT-400 and AT-500 series airplanes; incorporate a mandatory terminating action for all airplanes; and terminate the reporting requirement of AD 2007-13-17. The earlier NPRM resulted from a Model AT-502B with a crack located where the lower engine mount tube is welded to the engine mount ring, and the manufacturer developing gussets that, when installed according to their service letter, terminate the repetitive inspection requirement. Since issuance of the NPRM, the manufacturer revised the service information and the FAA has determined that it is necessary to address the unsafe condition. Therefore, we are incorporating the service letter revision into the proposed AD, and we are extending the comment period to allow the public additional time to comment.
Endangered and Threatened Species; Conservation of Threatened Elkhorn and Staghorn Corals
Document Number: E7-24211
Type: Proposed Rule
Date: 2007-12-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, are proposing to issue protective regulations under of the Endangered Species Act (ESA) for two species listed as threatened, the elkhorn coral and the staghorn coral. The proposed regulations would apply all the prohibitions enumerated in the ESA to these two coral species, with limited exceptions for two specified classes of activities that contribute to the conservation of the listed corals. In addition, we are announcing the availability of an environmental assessment (EA) that analyzes the impacts of promulgating these regulations. We are furnishing this notification to allow other agencies and the public an opportunity to review and comment on the proposed rule. All comments received will become part of the public record and will be available for review.
Sweet Cherries Grown in Designated Counties in Washington; Section 610 Review
Document Number: E7-24203
Type: Rule
Date: 2007-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 923, regulating the handling of sweet cherries grown in designated counties in Washington. AMS has determined that the marketing order should be continued.
Updating OSHA Standards Based on National Consensus Standards
Document Number: E7-24182
Type: Proposed Rule
Date: 2007-12-14
Agency: Department of Labor, Occupational Safety and Health Administration
In this Notice of Proposed Rulemaking (NPRM), the Agency is proposing to remove several references to consensus standards that have requirements that duplicate or are comparable to other OSHA rules; this rulemaking also includes correcting a paragraph citation in one these OSHA rules. In addition, the Agency is proposing to remove the reference to American Welding Society standard A3.0-1969 (``Terms and Definitions'') in its general-industry welding standards. OSHA also is publishing a direct final rule in today's Federal Register taking these same actions. This NPRM is the companion document to the direct final rule. This rulemaking is a continuation of OSHA's ongoing effort to update references to consensus and industry standards used throughout its rules.
Updating OSHA Standards Based on National Consensus Standards
Document Number: E7-24181
Type: Rule
Date: 2007-12-14
Agency: Department of Labor, Occupational Safety and Health Administration
In this direct final rule, the Agency is removing several references to consensus standards that have requirements that duplicate, or are comparable to, other OSHA rules; this action includes correcting a paragraph citation in one of these OSHA rules. The Agency also is removing a reference to American Welding Society standard A3.0- 1969 (``Terms and Definitions'') in its general-industry welding standards. This rulemaking is a continuation of OSHA's ongoing effort to update references to consensus and industry standards used throughout its rules.
Clethodim; Pesticide Tolerances
Document Number: E7-24164
Type: Rule
Date: 2007-12-14
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of clethodim and its metabolites in or on corn, field, forage; corn, field, grain; and corn, field, stover. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Notification Requirement for Tax-Exempt Entities Not Currently Required To File; Correction
Document Number: E7-24114
Type: Rule
Date: 2007-12-14
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to temporary regulations (TD 9366) that were published in the Federal Register on Thursday, November 15, 2007 (72 FR 64147) describing the time and manner in which certain tax-exempt organizations not currently required to file an annual information return under section 6033(a)(1) are required to submit an annual electronic notice including certain information required by section 6033(i)(1)(A) through (F).
Notification Requirement for Tax-Exempt Entities Not Currently Required To File; Correction
Document Number: 07-6044
Type: Rule
Date: 2007-12-14
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to temporary regulations (TD 9366) that were published in the Federal Register on Thursday, November 15, 2007 (72 FR 64147) describing the time and manner in which certain tax-exempt organizations not currently required to file an annual information return under section 6033(a)(1) are required to submit an annual electronic notice including certain information required by section 6033(i)(1)(A) through (F).
Establishment of Class E5 Airspace; Prairie Du Sac, WI
Document Number: 07-6038
Type: Rule
Date: 2007-12-14
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes a Class E airspace area extending upward from 700 feet above the surface at Prairie Du Sac, WI. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from and executing instrument approach procedures to Sauk-Prairie Airport, Prairie du Sac, WI and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.
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