2007 – Federal Register Recent Federal Regulation Documents

Results 551 - 600 of 5,969
Technical Amendments
Document Number: 07-5807
Type: Rule
Date: 2007-11-27
Agency: Export-Import Bank of the United States, Export-Import Bank, Agencies and Commissions
The Export-Import Bank of the United States (Ex-Im Bank) is amending a number of its regulations by making minor, non-substantive revisions. This rule makes the following changes: removing references to an internal committee that no longer exists, correcting the time of Board meetings, and updating contact information at the Department of Justice. The rule also establishes a new part that implements Ex-Im Bank's authority, found at 12 U.S.C. 635(a)(1), to collect reasonable fees to cover the cost of conferences, seminars and publications.
Medicare Program: Changes to the Hospital Outpatient Prospective Payment System and CY 2008 Payment Rates, the Ambulatory Surgical Center Payment System and CY 2008 Payment Rates, the Hospital Inpatient Prospective Payment System and FY 2008 Payment Rates; and Payments for Graduate Medical Education for Affiliated Teaching Hospitals in Certain Emergency Situations Medicare and Medicaid Programs: Hospital Conditions of Participation; Necessary Provider Designations of Critical Access Hospitals
Document Number: 07-5507
Type: Rule
Date: 2007-11-27
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule with comment period revises the Medicare hospital outpatient prospective payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system. We describe the changes to the amounts and factors used to determine the payment rates for Medicare hospital outpatient services paid under the prospective payment system. These changes are applicable to services furnished on or after January 1, 2008. In addition, the rule sets forth the applicable relative payment weights and amounts for services furnished in ASCs, specific HCPCS codes to which the final policies of the ASC payment system apply, and other pertinent rate setting information for the CY 2008 ASC payment system. Furthermore, this final rule with comment period will make changes to the policies relating to the necessary provider designations of critical access hospitals and changes to several of the current conditions of participation requirements. The attached document also incorporates the changes to the FY 2008 hospital inpatient prospective payment system (IPPS) payment rates made as a result of the enactment of the TMA, Abstinence Education, and QI Programs Extension Act of 2007, Public Law 110-90. In addition, we are changing the provisions in our previously issued FY 2008 IPPS final rule and are establishing a new policy, retroactive to October 1, 2007, of not applying the documentation and coding adjustment to the FY 2008 hospital-specific rates for Medicare-dependent, small rural hospitals (MDHs) and sole community hospitals (SCHs). In the interim final rule with comment period in this document, we are modifying our regulations relating to graduate medical education (GME) payments made to teaching hospitals that have Medicare affiliation agreements for certain emergency situations.
Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule, and Other Part B Payment Policies for CY 2008; Revisions to the Payment Policies of Ambulance Services Under the Ambulance Fee Schedule for CY 2008; and the Amendment of the E-Prescribing Exemption for Computer Generated Facsimile Transmissions
Document Number: 07-5506
Type: Rule
Date: 2007-11-27
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule with comment period addresses certain provisions of the Tax Relief and Health Care Act of 2006, as well as making other proposed changes to Medicare Part B payment policy. We are making these changes to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. This final rule with comment period also discusses refinements to resource-based practice expense (PE) relative value units (RVUs); geographic practice cost indices (GPCI) changes; malpractice RVUs; requests for additions to the list of telehealth services; several coding issues including additional codes from the 5-Year Review; payment for covered outpatient drugs and biologicals; the competitive acquisition program (CAP); clinical lab fee schedule issues; payment for renal dialysis services; performance standards for independent diagnostic testing facilities; expiration of the physician scarcity area (PSA) bonus payment; conforming and clarifying changes for comprehensive outpatient rehabilitation facilities (CORFs); a process for updating the drug compendia; physician self referral issues; beneficiary signature for ambulance transport services; durable medical equipment (DME) update; the chiropractic services demonstration; a Medicare economic index (MEI) data change; technical corrections; standards and requirements related to therapy services under Medicare Parts A and B; revisions to the ambulance fee schedule; the ambulance inflation factor for CY 2008; and amending the e-prescribing exemption for computer-generated facsimile transmissions. We are also finalizing the calendar year (CY) 2007 interim RVUs and are issuing interim RVUs for new and revised procedure codes for CY 2008. As required by the statute, we are announcing that the physician fee schedule update for CY 2008 is -10.1 percent, the initial estimate for the sustainable growth rate for CY 2008 is -0.1 percent, and the conversion factor (CF) for CY 2008 is $34.0682.
Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, Atlantic Ocean
Document Number: E7-22960
Type: Rule
Date: 2007-11-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light (LLNR 720) located at position 40[deg]27'00'' N, 073[deg]48'00'' W, approximately 8.35 nautical miles east of Sandy Hook, NJ. This safety zone is necessary to provide for the safety of life, property and the environment on navigable waters of the United States during survey and reconstruction of the Ambrose Light that was recently damaged. This safety zone is intended to keep vessels a safe distance from Ambrose Light during the survey and reconstruction operations.
Promotion of a More Efficient Capacity Release Market
Document Number: E7-22952
Type: Proposed Rule
Date: 2007-11-26
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is proposing revisions to its regulations governing interstate natural gas pipelines to reflect changes in the market for short-term transportation services on pipelines and to improve the efficiency of the Commission's capacity release mechanism. The Commission is proposing to permit market based pricing for short-term capacity releases and to facilitate asset management arrangements by relaxing the Commission's prohibition on tying and on its bidding requirements for certain capacity releases.
New Animal Drugs For Use in Animal Feeds; Florfenicol
Document Number: E7-22942
Type: Rule
Date: 2007-11-26
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the approval of a supplemental new animal drug application (NADA) filed by Schering-Plough Animal Health Corp. The supplemental NADA provides for the use of florfenicol by veterinary feed directive (VFD) for the control of mortality in freshwater-reared salmonids due to furunculosis associated with Aeromonas salmonicida.
Airworthiness Directives; Boeing Model 727 Airplanes
Document Number: E7-22939
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 727 airplanes. This proposed AD would require repetitive inspections for cracking or corrosion of the threaded end of the lower segment of the main landing gear (MLG) side strut, and corrective actions if necessary. This proposed AD also would require prior or concurrent inspection for cracking or corrosion of the threads and thread relief area of the lower segment, corrective action if necessary, and re-assembly using corrosion inhibiting compound. This proposed AD results from reports of the threads cracking on the MLG side strut lower segment. We are proposing this AD to prevent a fractured side strut, which could result in collapse of the MLG.
Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, and -500 Series Airplanes
Document Number: E7-22928
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -300, -400, and -500 series airplanes. This proposed AD would require repetitive inspections for fatigue cracking in the longitudinal floor beam web, upper chord, and lower chord located at certain body stations, and repair if necessary. This proposed AD results from several reports of cracks in the center wing box longitudinal floor beams, upper chord, and lower chord. We are proposing this AD to detect and correct fatigue cracking of the upper and lower chords and web of the longitudinal floor beams, which could result in rapid loss of cabin pressure.
Airworthiness Directives; Boeing Model 737-200 Series Airplanes
Document Number: E7-22926
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-200 series airplanes. This proposed AD would require repetitive inspections to detect cracking of the support fittings of the Krueger flap actuators, and corrective actions if necessary. This proposed AD also would require eventual replacement of any existing aluminum support fitting on each wing with a steel fitting, and modification of the aft attachment of the actuator. Doing these actions would terminate the repetitive inspection requirements. This proposed AD results from reports of cracking due to fatigue and stress corrosion of the support fittings of the Krueger flap actuator. We are proposing this AD to prevent cracking of the support fittings, which could result in fracturing of the actuator attach lugs, separation of the actuator from the support fitting, severing of the hydraulic lines, resultant loss of hydraulic fluids, and consequent reduced controllability of the airplane.
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes
Document Number: E7-22925
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. The existing AD currently requires an accelerated schedule of repetitive testing of the elevator servo control loops, and corrective actions if necessary. This proposed AD would retain the existing requirements, reduce the applicability of the existing AD, and add terminating actions. This proposed AD results from reports of failed elevator servo controls due to broken guides. We are proposing this AD to prevent failure of the elevator servo controls during certain phases of takeoff, which could result in an unannounced loss of elevator control and consequent reduced controllability of the airplane.
Airworthiness Directives; Boeing Model 757 Airplanes Equipped with Rolls Royce RB211-535E Engines
Document Number: E7-22924
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes equipped with Rolls Royce RB211- 535E engines. This proposed AD would require repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. This proposed AD results from reports of several incidents of bolt failure at the aft hinge fittings of the thrust reversers due to, among other things, high operational loads. We are proposing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to the airplane.
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes
Document Number: E7-22923
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This proposed AD would require repetitive inspections for cracking of the body buttock line (BBL) 0.07 floor beam between body station (BS) 651 and BS 676 and between BS 698 and BS 717, and related investigative and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. This proposed AD results from reports of cracking in the BBL 0.07 floor beam. We are proposing this AD to prevent failure of the main deck floor beams at certain body stations due to fatigue cracking, which could result in rapid decompression of the airplane.
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes
Document Number: E7-22921
Type: Proposed Rule
Date: 2007-11-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. The existing AD currently requires a revision of the airplane flight manual to include procedures for a pre-flight elevator check before each flight, repetitive inspections for cracks of the attachment lugs of the mode selector valve position transducers on the elevator servo controls, and corrective actions if necessary. This proposed AD would retain the existing requirements, reduce the applicability of the existing AD, and add terminating actions. For certain airplanes, this proposed AD would require upgrading the flight control primary computers. This proposed AD results from cracks of the transducer body at its attachment lugs. We are proposing this AD to ensure proper functioning of the elevator surfaces, and to prevent cracking of the attachment lugs, which could result in partial loss of elevator function and consequent reduced controllability of the airplane.
Implementation of Mark-to-Market Program Revisions
Document Number: E7-22908
Type: Rule
Date: 2007-11-26
Agency: Department of Housing and Urban Development
Based on statutory changes and HUD's technical operational experience in administering the program, this final rule implements a number of changes to the Mark-to-Market (M2M) program, HUD's mortgage restructuring program for FHA-insured projects with project-based Section 8 assistance, to facilitate processing. Unlike the M2M proposed and final rules addressing renewal of expiring Section 8 project-based assistance contracts that HUD published on January 12, 2006, this rule addresses a range of administrative and programmatic issues other than the project-based assistance contracts. This final rule follows publication of a March 14, 2006, proposed rule and takes into consideration the public comments received on the proposed rule.
Dairy Disaster Assistance Payment Program III
Document Number: E7-22904
Type: Proposed Rule
Date: 2007-11-26
Agency: Department of Agriculture, Farm Service Agency
This document proposes a new program, the Dairy Disaster Assistance Payment Program III, as authorized by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. The proposed program would provide $16 million in assistance for producers in counties designated as a major disaster or emergency area by the President, or those declared a natural disaster area by the Secretary of Agriculture. Counties declared disasters by the President may be eligible, even though agricultural loss was not covered by the declaration, if there has been a Farm Service Agency Administrator's Physical Loss Notice covering such losses. The natural disaster declarations by the Secretary or the President must have been issued between January 1, 2005 and February 28, 2007, that is, after January 1, 2005, and before February 28, 2007. Counties contiguous to such counties will also be eligible. This proposed program is designed to provide financial assistance to producers who suffered dairy production losses due to natural disasters in the eligible counties.
User Fees Relating to Enrollment To Perform Actuarial Services; Hearing
Document Number: E7-22893
Type: Proposed Rule
Date: 2007-11-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed regulations relating to user fees for the initial and renewed enrollment to become an enrolled actuary.
Notification Requirement for Tax-Exempt Entities Not Currently Required to File; Correction
Document Number: E7-22892
Type: Rule
Date: 2007-11-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to temporary regulations (TD 9366) that was 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).
New Animal Drugs For Use in Animal Feeds; Ractopamine
Document Number: E7-22882
Type: Rule
Date: 2007-11-23
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Elanco Animal Health. The supplemental NADA provides for an increased level of monensin in two-way combination Type B and Type C medicated feeds containing ractopamine hydrochloride and monensin for cattle fed in confinement for slaughter.
Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations
Document Number: E7-22878
Type: Rule
Date: 2007-11-23
Agency: Commodity Futures Trading Commission, Agencies and Commissions
On January 31, 2007, the Commission adopted Acceptable Practices for Section 5(d)(15) (``Core Principle 15'') of the Commodity Exchange Act. The new Acceptable Practices were published in the Federal Register on February 14, 2007, and became effective on March 16, 2007. On March 26, 2007, the Commission published certain proposed amendments to the Acceptable Practices in an effort to clarify the definition of ``public director'' contained therein.\1\ The Commission has yet to act upon the proposed amendments, which are central to every element of the Acceptable Practices. Accordingly, the Commission hereby notifies all designated contract markets (``DCMs'') that, until further notice, the Acceptable Practices contained in paragraph (b) of Core Principle 15 in Appendix B to 17 CFR part 38 are stayed indefinitely.
United States Army Restricted Area, Kuluk Bay, Adak, AK
Document Number: E7-22876
Type: Rule
Date: 2007-11-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Corps of Engineers is issuing a final rule establishing a restricted area within Kuluk Bay, Adak, Alaska. The purpose of this restricted area is to ensure the security and safety of the Sea Based Radar, its crew, and other vessels transiting the area. The restricted area is within an established moorage restriction area for the U.S. Navy. The restricted area will be marked on navigation charts to ensure security and safety for the public.
Determination of Nonattainment and Reclassification of the Imperial County Nonattainment Area: 8-Hour Ozone
Document Number: E7-22868
Type: Proposed Rule
Date: 2007-11-23
Agency: Environmental Protection Agency
EPA is proposing to find that the Imperial County marginal 8- hour ozone nonattainment area has failed to attain the 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. If EPA finalizes this finding, the Imperial County area will be reclassified, by operation of law, as a moderate 8-hour ozone nonattainment area. The moderate area attainment date for the Imperial County area would then be as expeditiously as practicable but no later than June 15, 2010. Once reclassified, California must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas as required by the CAA. In this action, EPA is also proposing the schedule for the State's submittal of the SIP revisions required for moderate areas once the area is reclassified.
Department of the Navy, Chesapeake Bay, in Vicinity of Bloodsworth Island, MD
Document Number: E7-22845
Type: Rule
Date: 2007-11-23
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The Corps of Engineers is amending its regulations to modify an existing danger zone, in waters of the United States in the vicinity of Bloodsworth Island, Maryland. The amendment reflects the current operational and safety procedures at the Bloodsworth Island Range and highlights a change in the enforcement authority from the Commander, Naval Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent River, Maryland. The regulations are necessary to safeguard United States Navy vessels and United States Government facilities/ installations from sabotage and other subversive acts, accidents, or incidents of a similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Navy.
Airworthiness Directives; Boeing Model 727 Airplanes
Document Number: E7-22814
Type: Proposed Rule
Date: 2007-11-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 727 series airplanes. The existing AD currently requires repetitive inspections to detect cracks and loose brackets of the elevator rear spar, and corrective actions if necessary. The existing AD also provides for an optional terminating action for the repetitive inspections. This proposed AD would reduce the repetitive intervals of the inspections, mandate the previously optional terminating action for the repetitive inspections, and no longer allow stop-drilling. This proposed AD results from new reports of cracks, elongated fastener holes, and loose fittings of the elevator rear spar. We are proposing this AD to prevent cracking of the elevator rear spar at the tab hinge locations, which could cause excessive freeplay of the elevator control tab and possible tab flutter, and consequent loss of control of the airplane.
Title IV Conservators, Receivers, and Voluntary Liquidations; Priority of Claims-Joint and Several Liability; Effective Date
Document Number: E7-22806
Type: Rule
Date: 2007-11-23
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA) published a final rule under part 627 on September 26, 2007 (72 FR 54527). This final rule amends our priority of claims regulations to provide priority of claims rights to Farm Credit System (System) banks if they make payments under a reallocation agreement to holders of consolidated and System-wide obligations on behalf of a defaulting System bank. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is November 16, 2007.
Title IV Conservators, Receivers, and Voluntary Liquidations; Priority of Claims-Subordinated Debt; Effective Date
Document Number: E7-22805
Type: Rule
Date: 2007-11-23
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a direct final rule with opportunity for comment under part 627 on September 26, 2007 (72 FR 54525) amending the priority of claims regulations to provide that, when assets of a Farm Credit System institution in liquidation are distributed, the claims of holders of subordinated debt will be paid after all general creditor claims. The opportunity for comment expired on October 26, 2007. The FCA received no comments and therefore, the direct final rule becomes effective without change. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is November 16, 2007.
Filing Via the Internet
Document Number: E7-22799
Type: Rule
Date: 2007-11-23
Agency: Department of Energy, Federal Energy Regulatory Commission
The Commission is revising its regulations to provide that all documents will be eligible for filing by means of the Commission's eFiling system, with exceptions to be posted by the Secretary of the Commission on the Commissions Web site.
Concept Release on Mechanisms To Access Disclosures Relating to Business Activities in or With Countries Designated as State Sponsors of Terrorism
Document Number: E7-22789
Type: Proposed Rule
Date: 2007-11-23
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is soliciting comment about whether to develop mechanisms to facilitate greater access to companies' disclosures concerning their business activities in or with countries designated as State Sponsors of Terrorism.
Medicaid Integrity Program; Eligible Entity and Contracting Requirements for the Medicaid Integrity Audit Program
Document Number: E7-22773
Type: Proposed Rule
Date: 2007-11-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Section 1936 of the Social Security Act (the Act) (as added by section 6034 of the Deficit Reduction Act of 2005 (DRA)) established the Medicaid Integrity Program to promote the integrity of the Medicaid program by requiring CMS to enter into contracts with eligible entities to: Review the actions of individuals or entities furnishing items or services (whether on a fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of such plan approved under section 1115 of the Act; audit claims for payment of items or services furnished, or administrative services rendered, under a State plan; identify overpayments to individuals or entities receiving Federal funds; and educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This proposed rule would provide requirements for an eligible entity to enter into a contract under the Medicaid integrity audit program. The proposed rule would also establish the contracting requirements for eligible entities. The requirements would include procedures for identifying, evaluating, and resolving organizational conflicts of interest that are generally applicable to Federal acquisition and procurement; competitive procedures to be used; and procedures under which a contract may be renewed.
Medicare and Medicaid Programs; Waiver of Disapproval of Nurse Aide Training Program in Certain Cases and Nurse Aide Petition for Removal of Information for Single Finding of Neglect
Document Number: E7-22629
Type: Proposed Rule
Date: 2007-11-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would permit a waiver of nurse aide training disapproval as it applies to skilled nursing facilities, in the Medicare program, and nursing facilities, in the Medicaid program, that are assessed a civil money penalty of at least $5,000 for noncompliance that is not related to quality of care. This is a statutory provision enacted by section 932 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108- 173, enacted December 8, 2003.) In addition, this proposed rule would codify an additional statutory provision enacted by section 4755 of the Balanced Budget Act of 1997 (BBA) (Pub. L. 105-33, enacted on August 5, 1997) that requires the State to establish a procedure to permit a nurse aide to petition the State to have a single finding of neglect removed from the nurse aide registry if the State determines that the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect and the neglect involved in the original finding was a single occurrence.
Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992
Document Number: 07-5802
Type: Rule
Date: 2007-11-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission adopts rules and provides guidance to implement section 621(a)(1) of the Communications Act. The Commission solicited and reviewed comments on this section and found that to promote the federal goals of enhanced cable competition and accelerated broadband development, the Commission's rules regarding the local franchising process should be extended to incumbent cable operators. The Commission adopts measures to address a variety of means by which local franchising authorities are unreasonably refusing to award competitive franchises. The rules and guidance will facilitate enhanced cable competition and accelerated broadband development.
Federal Acquisition Regulation; FAR Case 2006-007, Contractor Code of Business Ethics and Conduct
Document Number: 07-5800
Type: Rule
Date: 2007-11-23
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to address the requirements for a contractor code of business ethics and conduct and the display of Federal agency Office of the Inspector General (OIG) Fraud Hotline Posters.
Federal Acquisition Regulation; FAR Case 2006-008, Implementation of Section 104 of the Energy Policy Act of 2005
Document Number: 07-5799
Type: Rule
Date: 2007-11-23
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to address implementation of Section 104 of the Energy Policy Act of 2005.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-22; Introduction
Document Number: 07-5798
Type: Rule
Date: 2007-11-23
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-22. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-22; Small Entity Compliance Guide
Document Number: 07-5797
Type: Rule
Date: 2007-11-23
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-22 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-22 which precedes this document. These documents are also available via the Internet at http:/ /www.regulations.gov.
Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, and 747-400D Series Airplanes
Document Number: 07-5794
Type: Rule
Date: 2007-11-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) that applies to all Boeing Model 747-100B SUD, 747-300, 747-400, and 747-400D series airplanes; and Model 747-200B series airplanes having a stretched upper deck. The existing AD currently requires repetitively inspecting for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and performing related investigative and corrective actions if necessary. This new AD reduces the repetitive interval for certain inspections. This AD results from new reports of multiple severed adjacent tension ties, in addition to the previous reports of cracked and severed tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. We are issuing this AD to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression and reduced structural integrity of the airplane.
Sorghum Promotion, Research, and Information Order
Document Number: 07-5767
Type: Proposed Rule
Date: 2007-11-23
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is seeking comments regarding the establishment of an industry-funded promotion, research, and information program for sorghum, which includes, but is not limited to, grain sorghum, sorghum forage, sorghum hay, sorghum haylage, sorghum billets, and sorghum silage. For the purpose of clarity, the term sorghum will mean all the above mentioned types of sorghum unless specifically identified otherwise. The proposed Order would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (Act). The proposed Sorghum Promotion, Research, and Information Order (Order) would establish a national Sorghum Promotion, Research, and Information Board (Board) comprised initially of 13 sorghum producers. Producers and importers would pay assessments based on the value of the sorghum they produce or import. A referendum would be conducted 3 years after assessments begin to determine if sorghum producers and importers favor the program.
Freedom of Information Act Procedural Rules
Document Number: E7-22792
Type: Proposed Rule
Date: 2007-11-21
Agency: Federal Mine Safety and Health Review Commission, Agencies and Commissions
The Federal Mine Safety and Health Review Commission (the ``Commission'') previously published, on October 17, 2007, proposed revisions to its rules implementing the Freedom of Information Act (``FOIA''). The period for comments to the proposed rules ended on November 16, 2007. A request was made that the comment period be reopened and the Commission has agreed to do so.
Hawaiian Coastwise Cruises
Document Number: E7-22788
Type: Proposed Rule
Date: 2007-11-21
Agency: Department of Homeland Security, Bureau of Customs and Border Protection
This document proposes new criteria to be used by Customs and Border Protection (``CBP'') to determine whether non-coastwise- qualified vessels are in violation of the Passenger Vessel Services Act (PVSA) when engaging in cruise itineraries in which passengers board at a U.S. port, the vessel calls at several Hawaiian ports, and then the vessel proceeds to a foreign port or ports for a brief period, before ultimately returning to the original U.S. port of embarkation where the passengers disembark to complete their cruise. CBP believes these itineraries are contrary to the PVSA because it appears that the primary objective of the foreign stop is evasion of the PVSA.
Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events; Reopening of Comment Period for Information Collection
Document Number: E7-22761
Type: Proposed Rule
Date: 2007-11-21
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is reopening the comment period specific to the information collection aspects of a proposed rule published on October 3, 2007 (72 FR 56275), that would amend NRC's regulations to provide updated fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. The comment period for comments specific to the information collection aspects of the proposed rule, closed on November 2, 2007.
Regulations for the Safe Transport of Radioactive Material; Notice of Document Availability and Request for Comments
Document Number: E7-22759
Type: Proposed Rule
Date: 2007-11-21
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft revision of the International Atomic Energy Agency's (IAEA) ``Regulations for the Safe Transport of Radioactive Material'' (TS-R-1), which is scheduled for publication in 2009. The NRC and the U.S. Department of Transportation (DOT) jointly will be submitting comments on the draft document to the IAEA. We are requesting input from the public to assist in developing the U.S. comments.
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2008
Document Number: E7-22741
Type: Rule
Date: 2007-11-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Through this final rule, NMFS is implementing coastwide summer flounder recreational management measures to complete the rulemaking process initiated in March 2007. This action is necessary to implement appropriate coastwide management measures to be in place on January 1, 2008, following the expiration of the current state-by-state conservation equivalency management measures on December 31, 2007. The intent of these measures is to prevent overfishing of the summer flounder resource during the interim between the aforementioned expiration of the 2007 recreational measures and the implementation of measures for 2008.
Airworthiness Directives; SAAB Model SF340A and Model 340B Airplanes
Document Number: E7-22729
Type: Proposed Rule
Date: 2007-11-21
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; Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 Airplanes, and Model DHC-8-400 Series Airplanes
Document Number: E7-22728
Type: Proposed Rule
Date: 2007-11-21
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; McDonnell Douglas Model 717-200 Airplanes
Document Number: E7-22727
Type: Proposed Rule
Date: 2007-11-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This proposed AD would require installing an additional support bracket for the gray water drain hose, replacing the screw of the support bracket with a new screw for the potable water supply hose, installing a spacer, doing a detailed inspection to detect interference or wear damage on hoses, lines and/or cables, and doing corrective actions if necessary. This proposed AD results from reports of interference between the potable water supply hose and/or gray water drain hose at the aft lavatories with the fuel line and/or power feeder cables of the auxiliary power unit (APU) located below the aft cabin floor. We are proposing this AD to prevent interference and chafing between the potable water supply hose and/or gray water hose with the fuel line and/or power feeder cables of the APU, which may cause arcing and sparking, and/or fuel leaking, and consequent fire or explosion.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E7-22726
Type: Proposed Rule
Date: 2007-11-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires inspecting contactors 1K4XD, 2K4XD, and K4XA to determine the type of terminal base plate, and applying sealant on the terminal base plates if necessary. This proposed AD would require an inspection to determine if certain alternating current (AC) service and utility bus contactors have a terminal base plate made from non-G9 melamine material, and corrective actions if necessary; or reidentification of the mounting tray of the contactors; as applicable. This proposed AD also limits the applicability of the existing AD. This proposed AD results from incidents of short circuit failures of certain AC contactors located in the avionics bay. We are proposing this AD to prevent short circuit failures of certain AC contactors, which could result in arcing and consequent smoke or fire.
Airworthiness Directives; McDonnell Douglas Model DC-8-55, DC-8F-54, and DC-8F-55 Airplanes; and Model DC-8-60, DC-8-70, DC-8-60F, and DC-8-70F Series Airplanes
Document Number: E7-22725
Type: Proposed Rule
Date: 2007-11-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain McDonnell Douglas Model DC-8-55, DC-8F-54, and DC-8F-55 airplanes; and Model DC-8-60, DC-8-70, DC-8-60F, and DC-8-70F series airplanes. The existing AD currently requires a one-time inspection for previous repairs of the aft fuselage skin panel at the longeron 28 skin splice; repetitive inspections for cracks of the same area; and related investigative and corrective actions. The existing AD also provides optional actions for extending the repetitive inspection intervals. This proposed AD would re-define and more clearly describe the optional actions for extending the repetitive inspection intervals. This proposed AD results from our determination that the inspections and actions described in the existing AD do not adequately address the unsafe condition. We are proposing this AD to detect and correct cracks in the aft fuselage skin at the longeron 28 skin splice, which could lead to loss of structural integrity of the aft fuselage, resulting in rapid decompression of the airplane.
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
Document Number: E7-22724
Type: Rule
Date: 2007-11-21
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) that applies to all Model 737-100, -200, -200C, -300, -400, and - 500 series airplanes. The existing AD currently requires repetitive detailed inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and arcing damage of the conduit and signs of fuel leakage into the conduit; replacement of the sleeve with a new, smaller-diameter sleeve; and related investigative and corrective actions, as applicable. This new AD reduces the inspection threshold for certain airplanes. This AD results from a report of a fuel tank explosion on a Model 727-200F airplane on the ground, and a report of chafed wires and a damaged power cable sleeve of a fuel boost pump discovered during an inspection on a Model 737-300 airplane. (The fuel boost pump installation on certain Model 737 airplanes is almost identical to the installation on Model 727 airplanes.) We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank.
Colo Void Clause Coalition; Antenna Systems Co-Location; Voluntary Best Practices
Document Number: E7-22720
Type: Rule
Date: 2007-11-21
Agency: Federal Aviation Administration, Department of Transportation
On April 27, 2004, the FAA revised its policy regarding the co-location of antenna systems on existing structures previously studied by the FAA. Based on various additional comments from industry regarding the initial policy, the FAA finds that further modifications to this policy are necessary.
Notice of Intent To Prepare a Supplemental Draft Environmental Impact Statement for a Proposed Rule Limiting Discharges From Vessels in Cordell Bank, Gulf of the Farallones, and Monterey Bay National Marine Sanctuaries
Document Number: E7-22710
Type: Proposed Rule
Date: 2007-11-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the National Oceanic and Atmospheric Administration's (NOAA) National Marine Sanctuary Program (NMSP) is preparing a Supplemental Draft Environmental Impact Statement (SDEIS) to supplement and/or replace information contained in the Draft Environmental Impact Statement (DEIS) for the Joint Management Plan Review, the management plan review for the Cordell Bank, Gulf of the Farallones, and Monterey Bay National Marine Sanctuaries. The SDEIS will analyze revisions to the proposed action that would in effect prohibit the following discharges within the sanctuaries: All sewage from vessels 300 gross registered tons (GRT) or more with the capacity to hold sewage while within the sanctuary; and, in the Monterey Bay National Marine Sanctuary, all graywater from vessels 300 GRT or more with the capacity to hold graywater while within the sanctuary.
Purchase, Sale, and Pledge of Eligible Obligations
Document Number: E7-22709
Type: Rule
Date: 2007-11-21
Agency: National Credit Union Administration, Agencies and Commissions
NCUA is amending its rule governing the purchase, sale, and pledge of eligible obligations by adding a conflict of interest provision substantially similar to the conflict of interest provision in NCUA's general lending rule. This addition will help ensure that decisions by a federal credit union (FCU) regarding the purchase, sale, and pledge of eligible obligations are made with the FCU's best interests in mind.
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