2007 – Federal Register Recent Federal Regulation Documents

This action establishes Class E Airspace at Skowhegan, ME. The existing controlled airspace from nearby Central Maine Airport does not adequately support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing the required controlled airspace to protect for this approach around the Redington-Fairview General Hospital in Skowhegan.

This action establishes Class E Airspace at Oil City, PA to provide adequate airspace for a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed to serve the Northwest Medical Center (PS42). This action will enhance the safety and management of Instrument Flight Rule (IFR) operations at Oil City, PA.

The Architectural and Transportation Barriers Compliance Board (Access Board) has established a Telecommunications and Electronic and Information Technology Advisory Committee (Committee) to assist it in revising and updating accessibility guidelines for telecommunications products and accessibility standards for electronic and information technology. This notice announces the dates, times, and location of two upcoming committee meetings, one of which will be a conference call and the other will be an in-person meeting.

The Farm Service Agency (FSA) and the Risk Management Agency (RMA) are reopening and extending the comment period for the advance notice of proposed rulemaking, Cash and Share Lease Provisions for Future Farm Programs. The original comment period closed November 27, 2007. FSA and RMA are reopening and extending it for 30 days from the date of this notice. We will also consider any comments received from November 27, 2007 to this date of this notice. This extension responds to requests from the public to provide more time to comment.

EPA is approving a revision to the West Virginia State Implementation Plan (SIP) submitted on June 8, 2007. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006 and December 13, 2006, and the CAIR Federal Implementation Plan (CAIR FIP) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for the State of West Virginia, promulgated on April 28, 2006 and subsequently revised on December 13, 2006. West Virginia is subject to the CAIR FIP that implements the CAIR requirements by requiring certain EGUs to participate in the EPA- administered Federal CAIR SO2, NOX annual, and NOX ozone season cap-and-trade programs. In accordance with the Clean Air Act, EPA is approving this West Virginia SIP revision as an abbreviated SIP revision which addresses the methodology to be used to allocate annual and ozone season NOX allowances under the CAIR FIPs. In this action, EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note that approval.

This interim final rule with comment period implements the continuation of the revisit user fee program for Medicare Survey and Certification activities, in accordance with the statutory authority in the Further Continuing Appropriations, 2008 Resolution (``Continuing Resolution'') budget legislation passed by the Congress and signed by the President on November 13, 2007. On September 19, 2007, we published a final rule that established a system of revisit user fees applicable to health care facilities that have been cited for deficiencies during initial certification, recertification or substantiated complaint surveys and require a revisit to confirm that previously-identified deficiencies have been corrected.

This action proposes to establish Class D airspace at New Braunfels, TX. The establishment of an air traffic control tower at New Braunfels Municipal Airport, TX has made this action necessary for the safe control of aircraft within this airspace.

This action proposes to establish Class D airspace at Georgetown Municipal Airport, TX. The establishment of an air traffic control tower has made this action necessary for the safe control of aircraft within this airspace.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to its regulations regarding annual permit fees. Texas intends to revise its program to improve operational efficiency. This document gives the times and locations that the Texas program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Crow Tribe Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Crow Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Crow Tribe has requested concurrence from the Secretary of the Department of the Interior with its certification of completion of all coal-related reclamation objectives. If the Secretary concurs with the certification, the Crow Tribe intends to request AMLR funds to pursue projects in accordance with section 411 of SMCRA.

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:

This final rule amends regulations concerning the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of U.S. parent companies and their foreign affiliates. BEA is expanding the reporting requirements on the BE-11 annual survey so that U.S. parent companies that are banks, foreign affiliates of bank parents, and bank foreign affiliates of nonbank parents are reportable. A few minor changes are required to the instructions on Form BE-11A, Report for U.S. Reporter, so it can be used to collect bank as well as nonbank data. BEA is implementing a new, specialized Form BE-11B(FN) for foreign affiliates of bank parents and bank foreign affiliates of nonbank parents.

We, the U.S. Fish and Wildlife Service (Service), propose to list three petrel species (order Procellariiformes), the Chatham petrel (Pterodroma axillaris), previously referred to as (Pterodroma hypoleuca axillaris); Fiji petrel (Pterodroma macgillivrayi); and the magenta petrel (Pterodroma magentae) as endangered, pursuant to the Endangered Species Act of 1973, as amended (Act). In addition, we propose to list the Cook's petrel (Pterodroma cookii); Galapagos petrel (Pterodroma phaeopygia), previously referred to as (Pterodroma phaeopygia phaeopygia); and the Heinroth's shearwater (Puffinus heinrothi) as threatened under the Act. This proposal, if made final, would extend the Act's protection to these species. The Service seeks data and comments from the public on this proposal.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This AD requires doing initial and repetitive inspections for cracking of the elevator actuator fittings, and replacing any cracked fitting with a new fitting. This AD results from a report that a cracked left elevator actuator fitting was found on a Model 777 airplane. We are issuing this AD to detect and correct a cracked actuator fitting, which could detach from the elevator and lead to an unrestrained elevator and an unacceptable flutter condition, which could result in loss of airplane control.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive detailed and high-frequency eddy current inspections for cracking around the heads of the fasteners on the forward fastener row of certain areas of the station (STA) 259.5 circumferential butt splice, and repair if necessary. This AD also requires a preventive modification, which eliminates the need for the repetitive inspections. This AD results from a report that an operator found multiple cracks in the fuselage skin of a Model 737-200 airplane, at the forward fastener row of the STA 259.5 circumferential butt splice between stringers 19 and 24. We are issuing this AD to prevent cracking of the STA 259.5 circumferential butt splice, which could result in loss of structural integrity of the fuselage skin and possible loss of cabin pressure.

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:

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 757 airplanes. This proposed AD would require repetitive inspections of the anchor tab of the bulkhead seal assemblies of the wing thermal anti-ice (TAI) system for cracks at certain outboard stations of the left and right wings, and corrective action if necessary. This proposed AD also provides optional terminating action for the repetitive inspections. This proposed AD results from reports of cracks found at the anchor tab of the bulkhead seal assemblies of the wing TAI system. In one incident the anchor tab and bulkhead seal assembly had separated because of the cracks. We are proposing this AD to prevent failure of the anchor tab of the bulkhead seal assembly, which in icing conditions could result in insufficient airflow to the wing TAI system, subsequent ice on the wings, and consequent reduced controllability of the airplane.

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:

The Minerals Management Service (MMS) is amending the existing regulations regarding valuation, for royalty purposes, of oil produced from Indian leases. These amendments will clarify and update the existing regulations.

NMFS proposes regulations to implement measures in Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP). Amendment 11 was developed by the New England Fishery Management Council (Council) to control the capacity of the open access general category fleet. Amendment 11 would establish a new management program for the general category fishery, including a limited access program with individual fishing quotas (IFQs) for qualified general category vessels, a specific allocation for general category fisheries, and other measures to improve management of the general category scallop fishery.

EPA is proposing a revision to the Nebraska State Implementation Plan (SIP) for the purpose of approving the Nebraska Department of Environmental Quality's (NDEQ) actions to address the ``good neighbor'' provisions of the Clean Air Act Section 110(a)(2)(D)(i). These provisions require each state to submit a SIP that prohibits emissions that adversely affect another state's air quality through interstate transport. NDEQ has adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants. These include prohibiting significant contribution to downwind nonattainment of the National Ambient Air Quality Standards (NAAQS), interference with maintenance of the NAAQS, interference with plans in another state to prevent significant deterioration of air quality, and efforts of other states to protect visibility. The requirements for public notification were also met by NDEQ.

We are adopting a new airworthiness directive (AD) for certain Thrush Aircraft, Inc. (Thrush) Model S2R series airplanes. This AD requires you to do repetitive visual inspections of the vertical and horizontal stabilizer attach fitting, attach fitting bolts, and the vertical fin aft spar for cracks or corrosion. This AD also requires immediate replacement of the vertical and horizontal stabilizer attach fittings and attach fitting bolts if cracked or corroded parts are found, and the inspection of the vertical fin aft spar with repair or replacement if cracks or corrosion are found. This AD requires the eventual replacement of the vertical and horizontal stabilizer attach fittings and attach fitting bolts if no corrosion or cracks are found as terminating action for the repetitive inspections. This AD results from reports of cracks in the empennage of Thrush S2R series airplanes. We are issuing this AD to detect and correct these cracks, which could cause the vertical stabilizer to lose structural integrity. This failure could lead to loss of control.

EPA is issuing this ANPR to invite comment from all interested parties on policy options and other issues related to the Agency's ongoing review of the national ambient air quality standards (NAAQS) for lead (Pb). Consistent with recent modifications the Agency has made to its process for reviewing NAAQS, we are seeking broad public comment at this time to help inform the Agency's future proposed decisions on the adequacy of the current Pb NAAQS and on any revisions of the Pb NAAQS that may be appropriate. EPA is also soliciting comment on retaining Pb on the list of criteria pollutants and on maintaining NAAQS for Pb. As part of this review, the Agency has released several key documents that will inform the Agency's rulemaking. These documents include the Air Quality Criteria for Lead, released in 2006, which critically assesses and integrates relevant scientific information; risk assessment reports including the most recent report, Lead: Human Exposure and Health Risk Assessment for Selected Case Studies, which documents quantitative exposure analyses and risk assessments conducted for this review; and a recently released Staff Paper, Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information, which presents an evaluation by staff in EPA's Office of Air Quality Planning and Standards (OAQPS) of the policy implications of the scientific information and quantitative assessments and OAQPS staff conclusions and recommendations on a range of policy options for the Agency's consideration. Under the terms of a court order, the Administrator will sign by September 1, 2008 a Notice of Final Rulemaking for publication in the Federal Register. To meet this schedule, we anticipate the Administrator will sign a Notice of Proposed Rulemaking in March 2008 for publication in the Federal Register, at which time further opportunity for public comment will be provided.

Rule 144 under the Securities Act of 1933 creates a safe harbor for the sale of securities under the exemption set forth in Section 4(1) of the Securities Act. We are shortening the holding period requirement under Rule 144 for ``restricted securities'' of issuers that are subject to the reporting requirements of the Securities Exchange Act of 1934 to six months. Restricted securities of issuers that are not subject to the Exchange Act reporting requirements will continue to be subject to a one-year holding period prior to any public resale. The amendments also substantially reduce the restrictions applicable to the resale of securities by non-affiliates. In addition, the amendments simplify the Preliminary Note to Rule 144, amend the manner of sale requirements and eliminate them with respect to debt securities, amend the volume limitations for debt securities, increase the Form 144 filing thresholds, and codify several staff interpretive positions that relate to Rule 144. Finally, we are eliminating the presumptive underwriter provision in Securities Act Rule 145, except for transactions involving a shell company, and revising the resale requirements in Rule 145(d). We believe that the amendments will increase the liquidity of privately sold securities and decrease the cost of capital for all issuers without compromising investor protection.

In this document, the Commission tentatively concludes that it should amend the Commission's rules under the Telephone Consumer Protection Act (TCPA) to require telemarketers to honor registrations with the National Do-Not-Call Registry so that registrations will not automatically expire based on the five year registration period. The Commission proposes extending this requirement indefinitely to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Registry to protect consumer privacy rights. Also in this document, the Commission seeks comment on this tentative conclusion and on how best to coordinate this rule change with the Federal Trade Commission (FTC).