2007 – Federal Register Recent Federal Regulation Documents

The Federal Energy Regulatory Commission (Commission) is amending its regulations to modify landowner notification requirements and to require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority. The proposed regulatory revisions are intended to enhance public participation in the Commission's consideration of proposed projects and ensure that compressor projects completed under blanket certificate authority will not have a significant adverse environmental impact.

This action proposes to modify Restricted Area 3404 (R-3404) at Crane, IN. The United States (U.S.) Navy requests that the FAA take action to modify R-3404 for the protection of nonparticipating aircraft from fragments generated during the disposal of a variety of types of ordnance.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the mountain whitefish (Prosopium williamsoni) occurring in the Big Lost River in Idaho as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing the mountain whitefish in the Big Lost River may be warranted. This finding is based on insufficient information indicating that mountain whitefish in the Big Lost River may represent a species, subspecies, or distinct population segment (DPS) and, therefore, a listable entity under section 3(16) of the Act. Accordingly, we will not be initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of mountain whitefish occurring in the Big Lost River at any time. This information will help us to monitor and encourage the ongoing conservation of mountain whitefish in the Big Lost River.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the summer-run Issaquah Creek kokanee (Oncorhynchus nerka) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that the summer-run Issaquah Creek kokanee may represent a distinct population segment, and therefore a listable entity, under section 3(16) of the Act. Therefore, we will not be initiating a further status review in response to this petition.

EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on March 23, 2006, August 18, 2006 and May 31, 2007. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act Amendments of 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Ventura County Air Pollution Control District is the designated COA. The intended effect of approving the requirements contained in ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (September 2007) is to regulate emissions from OCS sources in accordance with the requirements onshore.

NMFS issues this proposed rule that would implement a joint Amendment 27 to the FMP for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and Amendment 14 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of Mexico (Shrimp FMP)(Amendment 27/14) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would reduce the commercial and recreational quotas for red snapper, reduce the commercial minimum size limit for red snapper, reduce the recreational bag limit for red snapper, prohibit the retention of red snapper under the bag limit for the captain and crew of a vessel operating as a charter vessel or headboat, require the use of non-stainless steel circle hooks when using natural baits to fish for Gulf reef fish, require the use of venting tools and dehooking devices when participating in the commercial or recreational reef fish fisheries, and provide for seasonal closures of the Gulf shrimp fishery to reduce red snapper bycatch consistent with the Amendment's framework procedure. In addition, the proposed rule would establish a target reduction of shrimp trawl bycatch mortality of red snapper, assume a 10-percent reduction in post-hurricane fishing effort and landings when evaluating alternative TACs and management measures or in the alternative, not assume the 10% effort reduction, and establish a framework procedure to adjust the target effort level and closed season for the Gulf shrimp fishery. The measures contained in this proposed rule are intended to satisfy a U.S. District Court Order to establish a revised red snapper rebuilding plan by December 12, 2007, and to end overfishing of the red snapper resource in the Gulf of Mexico.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 directed fishing allowance (DFA) of Pacific cod specified for catcher vessels using pot gear in the BSAI.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat (CH) for the guajon (Eleutherodactylus cooki) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 260.6 acres (ac) (105.6 hectares (ha)) fall within the boundaries of the CH designation. The critical habitat is located within the municipalities of Humacao, Juncos, Las Piedras, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico.

This document requests comments on a petition for rulemaking filed by Katherine Pyeatt, requesting the allotment of Channel 291A at Dilley, Texas. The reference coordinates for Channel 291A at Dilley, Texas, are 28-36-06 NL and 99-06-21 WL. There is a site restriction, 9.6 kilometers (6 miles) southeast of the community. To accommodate this proposed allotment, Petitioner requests the relocation of reference coordinates for vacant Channel 289A at Cotulla, Texas. The proposed reference coordinates for Channel 289A at Cotulla are 28-22-00 NL and 99-17-00 WL. This site is located 9.1 kilometers (5.7 miles) southwest of Cotulla.

This document requests comments on a petition for rule making filed by Oregon Radio Partners, LLC (``Petitioner'') proposing the allotments of Channel 290A at Butte Falls and Channel 232C3 at Netarts, Oregon. The proposed coordinates for Channel 290A at Butte Falls are 42-36-19 NL and 122-24-38 WL with a site restriction of 14.7 km (9.1 miles) northeast of city reference and for Channel 232C3 at Netarts are 45-27-56 NL and 123-58-11 WL with a site restriction of 4.0 km (2.5 miles) northwest of city reference. The petition for rule making is a hybrid contingent filing with two applications: (1) For Station KTIL- FM, Channel 232C3 at Tillamook, Oregon to move to Channel 232C2 at Government Camp, Oregon (file no. BPH-0070125ADO); and (2) for an unbuilt station, Channel 225A at Butte Falls, Oregon to move to Talent, Oregon on the same channel (file no. BNPH-20060310ACD). These applications will be reviewed separately.

The Audio Division grants a petition for rulemaking filed by Terry A. Cowan for a new allotment at Prineville, Oregon. Channel 299C3 can be allotted at Prineville, Oregon in compliance with the Commission's minimum distance separation requirements at 44-26-17 North Latitude and 120-57-12 West Longitude with a site restriction of 11.4 kilometers (7.1 miles) north of city reference.

This document requests comments on a petition for rulemaking filed by Katherine Pyeatt, requesting the allotment of Channel 284A at Antlers, Oklahoma. The reference coordinates for Channel 284A at Antlers, Oklahoma, are 34-21-00 NL and 95-38-00 WL. There is a site restriction 13.2 kilometers (8.2 miles) north of the community.

We are announcing the approval of an amendment to the Kentucky Abandoned Mine Land Reclamation (AMLR) Plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment makes several revisions to Kentucky's AMLR Plan and is intended to update and improve the effectiveness of the AMLR Plan. Kentucky submitted the amendment in response to the passage of the Tax Relief and Health Care Act of 2006 (SMCRA amendments of 2006).

This final rule revises HUD's regulations for the homeownership option authorized under the Housing Choice Voucher (HCV) program. Through the homeownership option, a public housing agency (PHA) may provide voucher assistance for an eligible family that purchases a dwelling unit for residence by the family. This final rule authorizes the use of voucher homeownership assistance for the purchase of units not yet under construction at the time the family contracts to purchase the home. This revision will expand the housing choices available to families participating in the homeownership option under the HCV program. This final rule follows publication of a May 29, 2007, proposed rule and takes into consideration the one public comment received on it. After careful consideration of the issues raised by the commenter, HUD has decided to adopt the proposed rule without change.

The Department is issuing this proposed rule governing the disposal of special forest products from National Forest System lands. Special forest products include, but are not limited to, wildflowers, mushrooms, moss, nuts, seeds, tree sap, and Christmas trees. This proposed rule also formally establishes a pilot program to charge and collect fees for the harvest and sale of forest botanical products on National Forest System lands. This proposed rule is intended to facilitate sustainable harvest of special forest products and forest botanical products. Public comment is invited and will be considered in the development of the final rule.

EPA is proposing limited approval of a revision to the Indiana State Implementation Plan (SIP) submitted on February 28, 2007, as amended by letter on September 20, 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 is proposing to determine that the Indiana SIP revision strengthens the implementation plan for the State because it makes progress toward meeting Indiana's emission reduction requirements under the NOX SIP Call.

The Financial Management Service, Department of the Treasury, is amending its regulations governing the offset of federal tax refund payments to collect past-due child support obligations. We are removing the definition of Qualified child due to a change in the statutory definition on which it is based enacted as part of the Deficit Reduction Act of 2005. This statutory change will allow the tax refund offset program to collect past-due child support on behalf of children who are no longer minors. We are also amending the description of past- due support obligations that qualify for the tax refund offset by removing the requirement that the support be owed to or on behalf of a qualified child.

The Federal Aviation Administration (FAA) is delaying the effective date of a final rule that established qualification requirements for flight simulation training devices (FSTD). In addition, because the new rule set forth specific dates for compliance, to ensure that individuals affected by the rule have adequate time to comply with the rule, the FAA will also delay the compliance date of the rule. The new rule consolidates and updates FSTD requirements that currently exist in different parts of the FAA's regulations and in advisory circulars. The extension of the effective date is necessary because the FAA has initiated a subsequent rulemaking that would provide greater harmonization with the international standards document for simulation. Delaying the effective date of the final rule will allow the agency to complete this subsequent rulemaking and amend the final rule that established qualification requirements for FSTD before the October 30, 2007, effective date.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France Model EC130B4 helicopters. 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 aviation authority of France, with which we have a bilateral agreement, states in the MCAI:

FRA is revising the existing requirements related to sanders on locomotives. This rule modifies the existing regulations by permitting additional flexibility in the use of locomotives with inoperative sanders. The rule provides railroads the ability to better utilize their locomotive fleets while ensuring that locomotives are equipped with operative sanders in situations where they provide the most benefit from a safety and operational perspective. The rule also makes the regulations related to operative sanders more consistent with existing Canadian standards related to the devices.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). In a final rule published in the Federal Register, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. This rule identifies five specific validated end-users.

The Food and Drug Administration (FDA) is classifying the remote medication management systems into class II (special controls). Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document entitled, ``Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Remote Medication Management System,'' which will serve as the special control for this device type. The agency is classifying this device type into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of these devices.

This final rule revises regulations at Title 36, Code of Federal Regulations, part 223, on noncompetitive disposal of timber and other forest products based on the Secretary of Agriculture's determination that extraordinary conditions exist. A notice with request for comment on an interim final rule was published in the Federal Register on June 16, 2006. The Forest Service made appropriate changes to the rule in response to the public comments.

The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the compliance dates for licensees to begin reporting source transactions and initial source inventory information to the National Source Tracking System for nationally tracked sources. No other requirements related to the National Source Tracking System are being revised by this rule.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The revision pertains to amendments to an existing regulation to control particulate matter from pulp and paper mills. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA).