2007 – Federal Register Recent Federal Regulation Documents

The Commission adopts an Eighth Further Notice of Proposed Rule Making (Eighth Further NPRM), to announce tentative channel designations (TCDs) for three new permittees that have recently attained permittee status. The Eighth Further NPRM identifies these permittees together with the channel we propose to assign the permittee and the specific technical facilities at which we propose to allow these stations to operate after the DTV transition. In addition, the Eighth Further NPRM identifies a number of proposals for revisions to the proposed DTV Table of Allotments and/or Appendix B reflected in the Seventh Report and Order that was adopted simultaneously with this Eighth Further NPRM. These proposed revisions were advanced by commenters in either reply comments or late-filed comments in response to the Seventh Further NPRM. As these comments propose changes to the DTV Table of Allotments and/or Appendix B as in the Seventh Report and Order that could affect other stations that may not have had adequate notice of these proposals, we identify these proposals to give affected stations an opportunity to comment.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This SIP submittal contains revisions to the carbon monoxide (CO) maintenance plan for Nashua, New Hampshire. Specifically, New Hampshire has revised the contingency plan portion of the original maintenance plan. The intended effect of this action is to approve this revision to the Nashua CO maintenance plan. This action is being taken in accordance with the Clean Air Act.

This document corrects an error pertaining to the Motor Vehicle Emissions Budgets (MVEBs) for Belmont County, Ohio (Wheeling, WV-OH). The 2009 MVEB for oxides of nitrogen (NOX) from the proposed rule was incorrect in the final action. This final rule corrects that error.

On September 5, 2007, the Board served a decision that modifies its simplified rail rate guidelines, creating a simplified stand-alone cost approach for medium-size rail rate disputes and revising its three-benchmark approach for smaller rail rate disputes. The Board also places limits on the total relief available over a 5- year period under these two simplified approaches. Several rules in the Code of Federal Regulations (CFR) have been updated to reflect the changes in the simplified rail rate dispute approaches.

The FAA proposes to adopt a new airworthiness directive (AD) for GE CF6-80C2 and CF6-80E1 series turbofan engines with fuel manifold part numbers (P/Ns) 1303M31G12 and 1303M32G12 installed. This proposed AD would require removing and discarding the loop clamps that assemble the fuel manifold to the compressor rear frame (CRF) friction damper brackets, visually inspecting the fuel manifold for wear at each clamp location, and replacing the clamps with new, zero-time parts. This proposed AD results from fuel manifold vibration during engine operation that causes the loop clamps that assemble the manifold to the CRF to deteriorate. Fourteen fuel leak events occurred over the past several years. We are proposing this AD to prevent fuel leaks during engine operation that could result in an under-cowl fire.

The Travel and Transportation Reform Act of 1998 (Pub. L. 105- 264, October 19, 1998), authorized Federal agencies to conduct travel and relocation expenses test programs when determined by the Administrator of General Services to be in the interest of the Government. The provisions of the Act were implemented by a Federal Travel Regulation (FTR) amendment, and published in the Federal Register at 64 FR 28880, May 27, 1999. They permit agencies to test new and innovative methods of reimbursing travel and relocation expenses without seeking a waiver of current rules or authorizing legislation. However, the test authority for the travel and relocation programs expired in October 2005. Pub. L. 109-325, October 11, 2006, amends 5 U.S.C. 5739 by extending the authority for the General Services Administration (GSA) to approve relocation expenses test programs for an additional four years. In addition, the law removes the 24-month period in which an agency had to complete an approved relocation expense test program. The amendments provided by Pub. L. No. 109-325 are effective as though enacted as part of the Travel and Transportation Reform Act of 1998. This final rule incorporates Pub. L. 109-325 by removing the required period of time to complete a relocation test program and extends the authority to conduct relocation tests for an additional four years. The authority to conduct a travel test expense program was not renewed; accordingly, this final rule also deletes those provisions. The FTR and any corresponding documents may be accessed at GSA's website at https://www.gsa.gov/ftr.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Fort Dodge Animal Health, Division of Wyeth. The NADA provides for veterinary prescription use of etodolac injectable solution in dogs for the control of pain and inflammation associated with osteoarthritis.

The Federal Communications Commission (Commission) announces that a certain rule adopted in its Public Safety 700 MHz Band proceeding (WT Docket No. 96-86; FCC 00-264) in 2000, to the extent it contained an information collection requirement that required approval by the Office of Management and Budget (OMB) was approved, and became effective November 15, 2000, following approval by OMB.

EPA is proposing ``Update of Continuous Instrumental Test Methods: Technical Amendments'' to correct errors in a recent final rule that amended five instrumental test methods and was published on May 15, 2006. As published, the amendments contained inadvertent errors and provisions that need to be clarified. We are correcting errors and clarifying portions of the amendments to reflect the intent of the rule and to make them more understandable by affected parties. In the ``Rules and Regulations'' section of this Federal Register, we are correcting errors and making clarifications as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Notice is hereby given that the comment period on the reestablishment and revision of the Livestock Mandatory Reporting (LMR) program is extended until September 24, 2007.

This rule would increase the assessment rate established for the Prune Marketing Committee (committee) for the 2007-08 and subsequent crop years from $0.40 to $0.60 per ton of salable dried prunes. The committee locally administers the marketing order that regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the committee to fund reasonable and necessary expenses of the program. The higher assessment rate is needed to offset an anticipated decrease in dried prune production this year. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Under the Medicaid program, Federal payment is available for the costs of administrative activities ``as found necessary by the Secretary for the proper and efficient administration of the State plan.'' The proposed rule would eliminate reimbursement under the Medicaid program for the costs of certain activities based on a Secretarial finding that these activities are not necessary for the proper and efficient administration of the State plan, nor do they meet the definition of an optional transportation benefit. Based on these determinations, under the proposed rule, Federal Medicaid payments would no longer be available for administrative activities performed by school employees or contractors, or anyone under the control of a public or private educational institution, and transportation from home to school and back for school-aged children with an Individualized Education Program (IEP) or an Individualized Family Services Plan (IFSP) established pursuant to the Individuals with Disabilities Education Act (IDEA).

This action will remove the Class D, E2, E4, and E5 airspace at Utica, NY, and amend the Class D and E2 airspace at Rome, NY. This action will also establish Class E5 airspace at Rome, NY. The Oneida County Airport, Utica, NY, is permanently closed and no longer operational, moving aircraft operations to Griffiss Airfield, Rome, NY. The closure necessitates the removal of all Class D and E airspace at Utica, NY. Subsequently, this action amends the Class D and E2 airspace at Rome, NY, published in the Federal Register on January 25, 2007, (72 FR 3365) but not charted due to inaccuracies in the legal descriptions. This action will also establish Class E5 airspace at Rome, NY, to replace the Class E5 airspace being removed at Utica, NY. Class D surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. Class E2 surface area airspace is required when the control tower is closed to contain SIAPs and other IFR operations at the airport. Class E5 airspace extends upward from 700 feet Above Ground Level (AGL) and is required to contain SIAPs and other IFR operations at the airport. This action will amend Class D airspace extending upward from the surface to and including 3,000 feet MSL within an 8.4-mile radius and Class E2 airspace within an 8.4-mile radius of the Griffiss Airfield. This action will also establish Class E5 airspace extending upward from 700 feet above the surface within a 10.9 mile radius of Griffiss Airfield and within 5 miles each side of the Griffiss Airfield ILS localizer northwest course from the 10.9-mile radius to 15 miles northwest of Griffiss Airfield and within a 26-mile radius of the airport extending clockwise from a 125[deg] bearing to 200[deg] bearing from the airport.

This action establishes Class E airspace at Gainesville, FL, to accommodate a new Standard Instrument Approach Procedure (SIAP) helicopter point in space approach that has been developed for Shands Hospital. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP.

This action establishes Class E airspace at Live Oak, FL, to accommodate a new Standard Instrument Approach Procedure (SIAP) helicopter point in space approach that has been developed for Suwannee Hospital Emergency Heliport. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP.

This action amends the Class E airspace area at Lee's Summit Municipal Airport, Lee's Summit, MO. A review of the legal description revealed an incorrect coordinate describing the Airport Reference Point (ARP) for Lee's Summit Municipal Airport. This action corrects that error.

EPA is taking direct final action on two optional methods for relative accuracy audits of mercury monitoring systems installed on combustion flue gas streams and several amendments to related mercury monitoring provisions. This action approves two optional mercury (Hg) emissions test methods for potential use in conjunction with an existing regulatory requirement for Hg emissions monitoring, as well as several revisions to the mercury monitoring provisions themselves. This action is in regard to the testing and monitoring requirements for mercury specified in the Federal Register on May 18, 2005. Since that publication, EPA has received numerous comments concerning the desirability of EPA evaluating and allowing use of the measurement techniques addressed in the two optional methods in lieu of the methods identified in the cited Federal Register publication, as they can produce equally acceptable measures of the relative accuracy achieved by Hg monitoring systems. This action allows use of these two optional methods entirely at the discretion of the owner or operator of an affected emission source in place of the two currently specified methods. This direct final rule also amends Performance Specification 12A by adding Methods 30A and 30B to the list of reference methods acceptable for measuring Hg concentration and the Hg monitoring provisions of May 18, 2005, to reflect technical insights since gained by EPA which will help to facilitate implementation including clarification and increased regulatory flexibility for affected sources.

This regulation amends 40 CFR 180.940(a), the exemption from the requirement of a tolerance for residues of Quaternary Ammonium Compounds, di-n-Alkyl (C8-10) dimethyl ammonium chloride, average molecular weight (in amu) 332 to 361 on food contact surfaces when applied/used in public eating places, dairy processing equipment, and food-processing equipment and utensils by increasing the allowable use solution concentrations of quaternary compounds. Lonza Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act requesting an increase in the concentrations of quaternary compounds in end-use products eligible for the exemption. As amended, the regulation will exempt solutions from the requirement of a tolerance residues resulting from contact with surfaces treated with solutions where the end use concentration of the specific quaternary compounds does not exceed 240 parts per million (ppm) of active quaternary ammonium compounds, and the end-use concentration of all quaternary chemicals in the solution does not exceed 400 ppm of active quaternary compound.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD would require a one-time inspection to determine the material of the forward and aft gray water drain masts. For airplanes having composite gray water drain masts, this proposed AD would also require installation of a copper bonding jumper between a ground and the clamp on the tube of the forward and aft gray water composite drain masts. This proposed AD results from a report of charred insulation blankets and burned wires around the forward gray water composite drain mast found during an inspection of the forward cargo compartment on a Model 767-300F airplane. We are proposing this AD to prevent a fire near a composite drain mast and possible disruption of the electrical power system caused by a lightning strike on a composite drain mast, which could result in the loss of several functions essential for safe flight.

The EPA is proposing to approve a Tribal Implementation Plan submitted by the Mohegan Tribe of Indians of Connecticut. The TIP establishes an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Cumulus Licensing LLC. Petitioner proposes the allotment of Channel 272C3 at Humboldt, Nebraska, in order to maintain that community's first local service. (Petitioner, the permittee of Channel 244C3 at Humboldt, has filed an application to move the channel to Effingham, Kansas, as that community's first local service.) Channel 272C3 can be allotted at Humboldt in compliance with the Commission's minimum distance separation requirements at city reference coordinates, without site restriction. The proposed coordinates for Channel 272C3 at Humboldt are 40-09-51 North Latitude and 95-56-40 West Longitude.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 333 of the National Defense Authorization Act for Fiscal Year 2007. Section 333 extends, through September 30, 2009, the period during which contractor performance of security-guard functions at military installations or facilities is authorized to fulfill additional requirements resulting from the terrorist attacks on the United States on September 11, 2001.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide a single reference to DoD-unique acquisition flexibilities that may be used to facilitate and expedite acquisitions of supplies and services during emergency situations.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006. Section 803 places limitations on the acquisition of a major weapon system as a commercial item.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 832 of the National Defense Authorization Act for Fiscal Year 2007. Section 832 prohibits DoD from entering into a service contract to acquire a military flight simulator unless certain waiver criteria apply.