2007 – Federal Register Recent Federal Regulation Documents

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The Food and Drug Administration (FDA) is announcing the availability of the draft guidance entitled ``Draft Guidance for Industry and FDA Staff; In Vitro Diagnostic (IVD) Device Studies Frequently Asked Questions.'' This draft guidance document contains information to assist manufacturers in developing and conducting studies for IVD devices, particularly those exempt from most of the Investigational Device Exemption (IDE) regulations. This draft guidance is neither final nor is it in effect at this time.

FMCSA withdraws its November 3, 2004, SNPRM that proposed requirements for the collection and use of documents to verify the accuracy of driver records of duty status. The FMCSA intends to publish a new notice of proposed rulemaking (NPRM) at a later date.

The Coast Guard is establishing a temporary safety zone in the Gulf of Alaska, encompassing the navigable waters in the vicinity of Narrow Cape and Ugak Island. The zone is needed to protect persons and vessels operating in the vicinity of the safety zone during a rocket launch from the Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island facility. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Commander, Seventeenth Coast Guard District, the Coast Guard Captain of the Port, Western Alaska, or their on-scene representative. The intended effect of this safety zone is to ensure the safety of human life and property during the rocket launch.

The Coast Guard will enforce special local regulations during the Eastport Yacht Club Lights Parade on the waters of Spa Creek, Annapolis Harbor and the Severn River at Annapolis, Maryland; from 4:30 p.m. to 9 p.m., December 8, 2007. This action is necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. During the enforcement period, the effect will be to restrict general navigation in the regulated area for the safety of event participants, spectators and vessels transiting the event area.

Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the complainants and pursuant to Rule 78(a) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated as of October 12, 2007.

The Bureau of Land Management (BLM) is providing the six-month notification to terminate all royalty reductions for the production of heavy oil and to terminate the availability of further heavy oil relief under regulations at 43 CFR 3103.4-3.

NMFS issues this final rule to implement the annual harvest guideline (HG) for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast (California, Oregon, and Washington) for the fishing season of January 1, 2007, through December 31, 2007. This HG has been calculated according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast.

This document contains final regulations that provide guidance regarding the effect of certain transfers of assets or stock on the continuing qualification of transactions as reorganizations under section 368(a). This document also contains final regulations that provide guidance on the continuity of business enterprise requirement and the definitions of ``qualified group'' and ``party to a reorganization.'' These regulations affect corporations and their shareholders.

Pursuant to 49 U.S.C. 5323(n), FTA is authorized to consolidate the certifications and assurances required by Federal law or regulations for its programs into a single document. FTA is also required by 49 U.S.C. 5323(n) to publish a list of those certifications and assurances annually. Appendix A of this Notice contains the comprehensive compilation of FTA's Certifications and Assurances for Federal Fiscal Year (Federal FY) 2008 applicable to the various Federal assistance programs that FTA will administer during that fiscal year. FTA's Certifications and Assurances for Federal FY 2008 reflect Federal statutory, regulatory, and programmatic changes that have now become effective.

NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, Alaska local time, October 22, 2007. This action is necessary to fully use the 2007 Pacific halibut prohibited species catch (PSC) limit specified for vessels using trawl gear in the GOA.

The Department of the Army announces the availability of the Final PEIS for the growth and realignment of the U.S. Army. Pursuant to the National Environmental Policy Act (NEPA), the Department of the Army has prepared a PEIS that evaluates the potential environmental and socioeconomic effects associated with alternatives for growing and realigning the Army's force structure. The Army's preferred alternative identified in the Final PEIS is Alternative 3 which will allow the Army to grow and restructure its forces to accommodate modular forces initiatives and critical shortfalls, while adding six Brigade Combat Teams (BCTs) to the Army's end strength. Potential impacts have been analyzed at installations that are being considered for the stationing of 1,000 or more additional Soldiers.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on a proposed collection of information, pursuant to the Paperwork Reduction Act (PRA) of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information 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.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board of Visitors, United States Military Academy. Date: Friday, November 16, 2007. Place of Meeting: The Superintendent's Conference Room, Building 600 (Taylor Hall), West Point, NY. Time of Meeting: Approximately 1 p.m. through 4 p.m. Board Mission: The Board, under the provisions of 10 U.S.C. 4355, and the Federal Advisory Committee Act of 1972, as amended, shall provide the President of the United States independent advice and recommendations on matters relating to the U.S. Military Academy, to include but not limited to morale and discipline, curriculum, instruction, physical equipment, and academic methods. Board Membership: The Board is composed of 15 members, 9 of which are members of Congress and 6 persons designated by the President. The 2007 Chairman of the Board is Congressman John McHugh, New York23rd District.

The Military Surface Deployment and Distribution Command (SDDC) as the Program Manager for DOD's Personal Property Non-Temporary Storage Program is withdrawing the proposed Warehouse Performance Bond Requirement Proposal for Non-Temporary Storage Transportation Service Providers. In light of the information and comments provided and considering the other major on-going initiatives such as implementation of Full Replacement Value liability, Phase III of the Families First initiative, etc. within the DOD Personal Property Program, SDDC has decided to withdraw the proposed Warehouse Performance Bond Requirement Proposal.

Pursuant to the provisions of Subsection (d) of section 10 of Public Law 92-463, as amended by section 5 of Public Law 94-409, notice is hereby given that a closed meeting of the DIA National Defense Intelligence College Board of Visitors has been scheduled as follows:

The Forest Service will prepare an environmental impact statement on a proposal to use multiple vegetation treatments focused on creating a landscape condition more adapted to fire and that reduces potential for high severity wildfire near at-risk communities and in the wildland-urban interface, and reduce the threat to ecosystem components including forest resources from an existing insect epidemic. The proposal is being planned for the 44,100 acre Upper Spring Creek Project Area that includes about 39,700 acres of National Forest System land and about 4,300 acres of interspersed private land. The project area generally extends westward from west of Hill City, South Dakota encompassing the Upper Spring Creek watershed. This project will be conducted as an authorized project under section 102 of the Healthy Forests Restoration Act of 2003 (HFRA). Actions proposed for the Upper Spring Creek Project Area include the following: Remove conifers from hardwood stands such as aspen and birch and by restoring meadows (est. 3,800 acres). Reduce the amount of fuel that currently exists and that created by vegetation treatment activities. Treatment could include lopping, crushing, piling and burning; creating fuel breaks along roads and adjacent to private property, particularly those properties with houses and subdivisions. Prescribed broadcast burning of up to 14,200 acres is also planned to not only reduce fuel levels, but also benefit big game and other wildlife resources. Thin and harvest approximately 23,500 acres of pine stands using a variety of treatments to reduce the overall density of pine trees and create a mosaic of structural stages across the landscape. Both commercial harvest and non-commercial thinning will be sued to reduce the stand density, associated fuel hazard conditions and susceptibility to Mountain Pine Beetle (MPB) infestations.

Under this notice, the FAA announces that New York's John F. Kennedy International Airport (JFK) has been designated a Level 3 Coordinated Airport for the summer 2008 scheduling season in accordance with the International Air Transport Association (IATA) Worldwide Scheduling Guidelines. This notice supercedes the September 24, 2007, notice that designated JFK a Level 2 Schedules Facilitated Airport. 72 FR 54317. Based on a recently completed capacity analysis, a review of last summer's demand, the projections for summer 2008, and the agency's decision to seek voluntary schedule reductions from domestic air carriers, the FAA has determined that a Level 3 airport declaration is warranted. The primary coordination constraint is runway/air traffic control capacity. JFK is experiencing increased congestion and delay. Comparing the period of October 2006 through July 2007 to the same period in the previous year, the average daily operations at JFK increased 23 percent; the average daily arrivals with delays greater than one hour increased 114 percent; and on-time gate arrivals within 15 minutes of scheduled time decreased from 69.7 percent to 61.2 percent. The average taxi-out delay increased 19 percent from 30 to almost 36 minutes. On- time departures within 15 minutes of scheduled time declined from 74.7 percent to 65.2 percent. Much of this delay is attributed to volume and is not likely to be entirely mitigated by short-term air traffic control procedural enhancements, airport or airspace efficiency gains, or airport infrastructure changes. For example, from February 2007 through July 2007, JFK's average airport capacity was 81 operations per hour while demand during the busiest hour, 4 p.m., was over 110 scheduled arrivals and departures during summer 2007. Adjacent hours had fewer scheduled flights but still above the average hourly capacity rate. Under a preliminary review of the schedule submissions for summer 2008, the FAA notes that there are proposed schedule increases by domestic carriers and foreign flag carriers. These proposed schedules will result in a significant increase of operations at JFK. While JFK has available capacity for additional flights during some periods of the day, certain hours are currently beyond capacity and would get only worse if the schedules were implemented as proposed. Thus, based on the level of congestion experienced this past summer season, the planned increases for next summer, and the decision to seek voluntary reductions of existing schedules from domestic operators through a scheduling reduction meeting,\1\ an immediate Level 3 designation is warranted.

Notice is hereby given that the comment period on proposed changes to the regulatory period when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order) and to imported grapes under the table grape import regulation is reopened. The original proposed rule regarding this matter was published in the Federal Register on May 25, 2005 (70 FR 30001), and cited statistical information through the 2004 shipping season. The Agricultural Marketing Service (AMS) is now considering updated statistical information for the 2005 through 2007 shipping seasons. AMS hereby invites comments on the updated statistical information contained herein, as it pertains to the proposed rule to change the regulatory period.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph (d) of Sec. 158.29.

In this Order on Reconsideration, the Federal Communications Commission (Commission) reconsiders, in part, sua sponte, its Report and Order in this proceeding in which it adopted processing and service rules for the 17/24 GHz Broadcasting-Satellite Service (BSS). In the Report and Order, the Commission adopted a framework in which 17/24 GHz BSS space stations would operate at orbital locations spaced at four- degree intervals, as set forth in Appendix F of the Report and Order. In this Order on Reconsideration, the Commission provides additional flexibility to 17/24 GHz BSS space station operators by allowing them to operate their space stations, upon request, at locations other than those specified in Appendix F of the Report and Order. Specifically, the Commission will assign space stations to orbital locations that are offset from the Appendix F locations by up to one degree, without requiring them to reduce power or accept additional interference, if there are no licensed or prior-filed applications for 17/24 GHz BSS space stations less than four degrees away from the proposed offset space station.