2007 – Federal Register Recent Federal Regulation Documents
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Revision of Area Navigation Route Q-22; South Central United States
This action revises area navigation (RNAV) route Q-22 over the South Central United States by changing a waypoint name to eliminate confusion with similar sounding waypoints in close proximity to each other. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace.
Dairy Product Mandatory Reporting
This interim final rule establishes a Dairy Product Mandatory Reporting Program as required by law, on an interim final basis. The Dairy Market Enhancement Act of 2000, and certain provisions of the Farm Security and Rural Investment Act of 2002, amended the Agricultural Marketing Act of 1946 to provide for timely, accurate, and reliable market information to facilitate more informed marketing decisions and promote competition in the dairy product manufacturing industry. The Department will issue a final rule once public comments have been received.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of VOC Emissions from Crude Oil Lightering Operations
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision pertains to the control of volatile organic compound (VOC) emissions from crude oil lightering operations. This action is being taken under the Clean Air Act (CAA).
Regulatory Review Amendments
The Office of the Comptroller of the Currency (OCC) is proposing to revise its rules in order to reduce unnecessary regulatory burden, to update certain rules, and to make certain technical, clarifying, and conforming changes to its regulations. This proposal results from the OCC's most recent review of its regulations to ensure that they effectively advance our mission to promote the safety and soundness of the national banking system, ensure that national banks can compete effectively in the financial services marketplace, and foster fairness and integrity in national banks' dealings with their customers, without imposing regulatory burden unnecessary to the achievement of those objectives. The proposal also furthers the purposes of the Economic Growth and Regulatory Paperwork Reduction Act of 1996, which, among other provisions, directs the OCC, to identify and, if appropriate, eliminate regulations that are outdated, unnecessary, or unduly burdensome.
Establishment of Class E Airspace; Dean Memorial Airport, NH
This action confirms the effective date of a direct final rule that establishes a Class E airspace area at Dean Memorial Airport, Haverhill, NH (K5B9) to provide for adequate controlled airspace for those aircraft using the new Area Navigation (RNAV) Instrument Approach Procedure to the Airport.
Establishment of Class E Airspace; Front Royal-Warren County, VA
This action establishes a Class E airspace area at Front Royal-Warren County Airport, Front Royal, VA (KFFR) to provide for adequate controlled airspace for those aircraft using the new Area Navigation (RNAV) Instrument Approach Procedure to the Airport.
Export Certification for Wood Packaging Material
We are amending the export certification regulations to clarify that an International Standards for Phytosanitary Measures No. 15 (ISPM 15) quality/treatment mark is an industry-issued certificate within the meaning of 7 CFR part 353 and thus may only be issued when the organization applying the certification mark has entered into an agreement with the Animal and Plant Health Inspection Service. We are also removing all references to a certificate of heat treatment from the regulations because those certificates have been replaced by the ISPM 15 quality/treatment mark. These changes are necessary in order to ensure the appropriate issuance of the ISPM 15 quality/treatment mark.
Cold Treatment Regulations
We are amending the phytosanitary treatment regulations by making several changes to the requirements for cold treatment enclosures and the requirements for conducting cold treatment. The changes include: Adding more specific and stringent requirements for precooling fruit prior to cold treatment, requiring the use of temperature recording devices that are password-protected and tamperproof, adding requirements to increase the effectiveness of cold treatment conducted in vessel holds, and providing for officials authorized by the Animal and Plant Health Inspection Service to conduct audits of the cold treatment process. We are making these changes in response to the results of external and internal reviews of the cold treatment requirements that have been in place. The changes we are making will improve the effectiveness of cold treatment and thus will help to prevent the introduction of quarantine plant pests into the United States.
Registration of Intermediaries
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') has amended Commission Regulation 3.10 to require certain registered intermediaries, i.e., futures commission merchants (``FCMs''), introducing brokers (``IBs''), commodity pool operators (``CPOs''), commodity trading advisors (``CTAs'') and leverage transaction merchants (``LTMs''), to complete an online annual review of their registration information maintained with the National Futures Association (``NFA''). This amendment is intended to ensure that NFA will have accurate and current information about such registrants. The Commission also has made a technical and conforming amendment to Commission Regulation 3.33(f) in order to remove an unnecessary reference to Regulation 3.10(d).
Defense Federal Acquisition Regulation Supplement; Waiver of Specialty Metals Restriction for Acquisition of Commercially Available Off-the-Shelf Items (DFARS Case 2007-D013)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to waive application of 10 U.S.C. 2533b for acquisitions of commercially available off-the-shelf (COTS) items. 10 U.S.C. 2533b, established by section 842 of the National Defense Authorization Act for Fiscal Year 2007, places restrictions on the acquisition of specialty metals not melted or produced in the United States.
Asian Longhorned Beetle; Removal of Quarantined Area in Illinois
We are adopting as a final rule, without change, an interim rule that amended Asian longhorned beetle regulations by removing the Oz Park area in Cook County, IL, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from that area and that the quarantine and restrictions are no longer necessary. With that action, there are no longer any areas in Illinois that are quarantined because of the Asian longhorned beetle.
Changes in the Regulation of Iodine Crystals and Chemical Mixtures Containing Over 2.2 Percent Iodine
This rulemaking changes the regulation of the listed chemical iodine under the chemical regulatory provisions of the Controlled Substances Act (CSA). The Drug Enforcement Administration (DEA) believes that this action is necessary to remove deficiencies in the existing regulatory controls, which have been exploited by drug traffickers who divert iodine (in the form of iodine crystals and iodine tincture) for the illicit production of methamphetamine in clandestine drug laboratories. This rulemaking moves iodine from List II to List I; reduces the iodine threshold from 0.4 kilograms to zero kilograms; adds import and export regulatory controls; and controls chemical mixtures containing greater than 2.2 percent iodine. This rulemaking establishes regulatory controls that will apply to iodine crystals and iodine chemical mixtures that contain greater than 2.2 percent iodine. This regulation therefore controls iodine crystals and strong iodine tinctures/solutions (e.g., 7 percent iodine) that do not have common household uses and instead have limited application in livestock, horses, and for disinfection of equipment. Household products such as 2 percent iodine tincture/solution and household disinfectants containing iodine complexes will not be adversely impacted by this regulation. Additionally, the final rule exempts transactions of up to one-fluid-ounce (30 ml) of Lugol's Solution. Persons handling regulated iodine materials are required to register with DEA, are subject to the import/export notification requirements of the CSA, and are required to maintain records of all regulated transactions involving iodine regardless of size.
Licensing Government-Owned Inventions in the Custody of the Department of the Air Force
This document removes the Department of the Air Force rule concerning the licensing of Government-owned inventions in the custody of the Air Force. The part has served the purpose for which it was intended for the Code of Federal Regulations, and is no longer necessary.
Modification of Restricted Areas 3601A and 3601B; Brookville, KS
This action revises Restricted Areas 3601A (R-3601A) and 3601B (R-3601B), at Brookville, KS, in response to a request from the United States Air Force (USAF). Specifically, this action revises R-3601A and R-3601B by combining their lateral boundaries, expanding the ceiling to flight level 230 (FL230), and re-designating the lower portion of the combined area as R-3601A and the upper portion as R-3601B. Additionally, this action changes the using agency of R-3601A and R- 3601B from ``Commander, Kansas ANG, McConnell AFB, KS'' to ``Air National Guard, 184th Air Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS.'' These revisions will fulfill new USAF requirements for high altitude release bomb training for fighter aircraft and medium-to-high altitude release bomb training for bombers.
Changes in Flood Elevation Determinations
The Federal Emergency Management Agency (FEMA) removes the final flood elevation determination published at 72 FR 27746 on May 17, 2007 for the Unincorporated areas of Frederick County, Maryland, Case No. 06-03-B384P, Community Number 240027.
Final Flood Elevation Determinations
Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Proposed Flood Elevation Determinations
Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Changes in Flood Elevation Determinations
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Proposed Flood Elevation Determinations
Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Proposed Flood Elevation Determinations
Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Changes in Flood Elevation Determinations
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
Hazardous Materials: Revision of Requirements for Emergency Response Telephone Numbers
In this NPRM, PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors. In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA proposes to require that basic identifying information (offeror name or contract number) be included in shipping papers. This information will enable the service provider to identify the shipper on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident.
Wholesale Competition in Regions With Organized Electric Markets
The Federal Energy Regulatory Commission (Commission) is issuing an Advance Notice of Proposed Rulemaking (ANOPR) with regard to potential reforms to improve the operation of organized wholesale electric markets. The Commission invites all interested persons to submit comments in response to specific questions.
Coast Guard Sector, Marine Inspection Zone, and Captain of the Port Zone Structure; Technical Amendment
This rule makes non-substantive amendments throughout titles 33 and 46 of the Code of Federal Regulations, in order to align with changes in the Coast Guard's internal organization that resulted from the Coast Guard's recent sector realignment. The amendments typically describe the boundaries of sectors, marine inspection zones, and Captain of the Port zones; describe the reporting relationship between various field units; or reflect a change in the identity of the field unit that is responsible for a particular matter. This rule will have no substantive effect on the regulated public.
Labor Organization Officer and Employee Report, Form LM-30
The Employment Standards Administration's (``ESA'') Office of Labor-Management Standards (``OLMS'') of the Department of Labor (``Department'') publishes this Final Rule to revise the Form LM-30, Labor Organization Officer and Employee Report, its instructions, and related provisions in the Department's regulations. The Form LM-30 implements section 202 of the Labor-Management Reporting and Disclosure Act of 1959 (``LMRDA'' or ``Act''), 29 U.S.C. 432, whose purpose is to require officers and employees of labor organizations to report specified financial transactions and holdings to effect public disclosure of any possible conflicts between their personal financial interests and their duty to the labor union and its members. This rule clarifies the Form LM-30 and its instructions by explaining key terms and providing examples of the financial matters that must be reported, eliminates or modifies administrative exceptions in the old Form LM-30 that impeded the full disclosure of financial matters that constitute conflicts, or potential conflicts, of interest, and improves the usability of the reports by union members and the public.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.
Award Fee Administrative Changes
This final rule makes administrative changes to the NASA FAR Supplement (NFS) to clarify the requirements for award fee evaluation factors and to add a requirement for a documented cost/benefit analysis when an award fee contract is used.
Pesticide Tolerance Nomenclature Changes; Technical Amendment
This document removes duplicate entries in terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms.
Guidance Necessary to Facilitate Business Electronic Filing and Burden Reduction; Correction
This document contains a correction to final regulations (TD 9329) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns.
Veterans and Dependents Education: Topping-Up Tuition Assistance; Licensing and Certification Tests; Duty To Assist Education Claimants; Correction
The Department of Veterans Affairs (VA) published a document in the Federal Register on April 5, 2007 (72 FR 16962), amending the regulations governing various aspects of the education programs that VA administers. That document contained several technical errors: reference to two subparts that were not specifically identified, incorrect words used to identify the individuals eligible for a particular program of educational assistance, and incorrect references when citing to other provisions of VA's regulations. This document corrects those errors.
Employer Comparable Contributions to Health Savings Accounts Under Section 4980G; Correction
This document contains corrections to a notice of proposed rulemaking (REG-143797-06) that was published in the Federal Register on Friday, June 1, 2007 (72 FR 30501) providing guidance on employer comparable contributions to Health Savings Accounts (HSAs) under section 4980G in instances where an employee has not established an HSA by December 31st and in instances where an employer accelerates contributions for the calendar year for employees who have incurred qualified medical expenses.
OMB Control Numbers Under the Paperwork Reduction Act
This technical amendment updates MSHA's listing of Office of Management and Budget (OMB) control numbers for the Agency's standards and regulations. MSHA is prohibited from conducting a collection of information unless the Agency displays a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995.
Revisions to Landowner Notification and Blanket Certificate Regulations
On October 19, 2006, the Federal Energy Regulatory Commission (Commission) issued a Final Rule amending its regulations to expand the scope and scale of activities that may be undertaken pursuant to blanket certificate authority and clarifying that existing Commission policies permit natural gas companies to charge different rates to different classes of customers.\1\ The Commission proposes to further amend its regulations to modify the landowner notification requirements and require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority. The proposed regulatory revisions should 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.
New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities
In this order on rehearing, the Federal Energy Regulatory Commission (Commission) denies rehearing on most major issues decided in Order No. 688, which amended its regulations governing small power production and cogeneration in response to section 1253 of the Energy Policy Act of 2005 (EPAct 2005), which added section 210(m) to the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission also clarifies certain aspects of the rule and adopts some additional filing requirements.
Senior Community Service Employment Program; Performance Accountability
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Interim Final Rule establishing new performance accountability measures for the Senior Community Service Employment Program (SCSEP). New measures are necessary due to the 2006 Amendments to Title V of the Older Americans Act. Specifically, this rule amends 20 CFR part 641 Subpart G Performance Accountability and corresponding definitions found in Subpart APurpose and Definitions. This notice also solicits public comment on this Interim Final Rule which the Department will consider when it issues a Final Rule.
Rules of Practice Before the Board of Contract Appeals
The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals.
United States Standards for Grades of Table Grapes (European or Vinifera Type)
The Agricultural Marketing Service (AMS) is withdrawing the document soliciting comments on its proposal to amend the voluntary United States Standards for Grades of Table Grapes (European or Vinifera Type). After reviewing and considering the comments received, the agency has decided not to proceed with this action.
Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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; Empresa Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an obstruction at the cargo compartment fire extinguisher system drier metering unit (DMU) inlet, affecting the system effectiveness and, consequently, making the fire extinguishing capability at those compartments inadequate should a fire erupt. We are issuing this AD to require actions to correct the unsafe condition on these products.
Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A. Model P-180 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 DC-10-30 and DC-10-30F Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas DC-10-30 and DC-10-30F airplanes. This AD requires installing Teflon sleeving around the fuel pump wire harness inside the conduit in the aft supplemental fuel tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires modifying the fuel boost pump container of the center tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent exposing the fuel pump container vapor area to electrical arcing during a fuel pump motor case or connector burn through, which could result in a fuel tank explosion.
Establishment of Revisit User Fee Program for Medicare Survey and Certification Activities
This proposed rule would allow CMS to charge revisit user fees to health care facilities cited for deficiencies during initial certification, recertification, or substantiated complaint surveys. Consistent with the President's long-term goal to promote quality of health care and to cut the deficit in half by fiscal year (FY) 2009, the FY 2007 Department of Health and Human Services' (HHS) budget request included both new mandatory savings proposals and a requirement that user fees be applied to health care providers that have failed to comply with Federal quality of care requirements. The ``Revisit User Fees'' would affect only those providers or suppliers for which CMS has identified deficient practices and requires a revisit to assure that corrections have been made. The fees are estimated at $37.3 million annually and would recover the costs associated with the Medicare Survey and Certification program's revisit surveys. The fees would take effect on the date of publication of the final rule, and would be available to CMS until expended.
United States-Morocco Free Trade Agreement
This document amends U.S. Customs and Border Protection (``CBP'') regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement entered into by the United States and the Kingdom of Morocco.
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits
NMFS issues a proposed rule for substantial revisions to recordkeeping and reporting (R&R) requirements. This proposed rule would also change a variety of fisheries permits provisions. Several definitions would be changed. Further, this proposed rule also revises a Sitka Pinnacles Marine Reserve closure provision and a groundfish observer provision regarding at-sea vessel-to-vessel transfers. This proposed rule would change certain crab provisions, including fee calculations. Detailed information on these changes is presented in the SUPPLEMENTARY INFORMATION section below. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and to further the goals and objectives of the Alaska fishery management programs.
Approval and Promulgation of Implementation Plans: State of Florida; Prevention of Significant Deterioration Requirements for Power Plants Subject to the Florida Power Plant Siting Act; Withdrawal of Direct Final Rule
Due to an adverse comment, EPA is withdrawing the direct final rule published May 25, 2007 (72 FR 29273), approving a revision to the State Implementation Plan of the State of Florida. This revision grants full approval to implement the State's Clean Air Act Prevention of Significant Deterioration program for electric power plants subject to the Florida Electrical Power Plant Siting Act. EPA stated in the direct final rule that if EPA received an adverse comment by June 25, 2007, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment in a subsequent action.
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