May 2008 – Federal Register Recent Federal Regulation Documents

This proposed rule would designate the Au`au Channel, Hawaii, black coral bed as an ``Established Bed'' with a harvest quota of 5,000 kg every two years that applies to Federal and State of Hawaii waters, and would establish a 5-year moratorium on the harvest of gold coral throughout the U.S. western Pacific. The proposed rule is intended to prevent overfishing and achieve optimum yields of black coral resources, and to prevent overfishing and stimulate research on gold corals.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision pertains to the requirements in meeting the reasonably available control technology (RACT) under the 8-hour ozone national ambient air quality standard (NAAQS). These requirements are based on: Certification that previously adopted RACT controls in Delaware's SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 8-hour implementation purposes; the adoption of new or more stringent regulations that represent RACT control levels; and a negative declaration that certain categories of sources do not exist in Delaware. This action is being taken under the Clean Air Act (CAA).

The Food and Drug Administration (FDA) is reclassifying the device type, tissue adhesive for the topical approximation of skin, from class III (premarket approval) into class II (special controls). Tissue adhesives for non-topical uses remain in class III and continue to require premarket approval applications (PMAs). FDA is proposing this reclassification in accordance with the Federal Food, Drug, and Cosmetic Act (the act). Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document entitled ``Class II Special Controls Guidance Document: Tissue Adhesive for the Topical Approximation of Skin'' that will serve as the special control for the reclassified device type.

This action revises Class E airspace at St. Mary's, AK, to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two new SIAPs are being developed for the St. Mary's Airport. Additionally, four SIAPs are being amended. This action revises existing Class E airspace upward from the surface and from 700 feet (ft.) above the surface at St. Mary's Airport, St. Mary's, AK.

This action establishes four low altitude Area Navigation (RNAV) T-routes, designated T-257, T-259, T-261 and T-263, in the Sacramento and San Francisco, CA, terminal areas. T-routes are low altitude Air Traffic Service (ATS) routes, based on RNAV, for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The FAA is taking this action to enhance safety and improve the efficient use of the navigable airspace in the Sacramento and San Francisco, CA, terminal areas.

The Surface Transportation Board is amending its regulations to require that parties seeking to obtain an individual exemption for, or to invoke a class exemption covering, a transaction involving the sale or lease of a railroad line identify any provision in their agreements that would restrict the ability of the purchaser or tenant railroad to interchange traffic with a rail carrier other than the seller or landlord railroad (interchange commitment). The rules also provide a procedure whereby a shipper or other affected party may obtain access to such provisions. The Board is adopting these regulations to facilitate the case-specific review of challenges involving interchange commitments and to facilitate the Board's monitoring of their usage. The final rule appears below.

This rule would revise the reporting requirements for imports of commodities regulated under Sec. 608(e) (hereinafter referred to as ``8e'') of the Agricultural Marketing Agreement Act of 1937. These changes would require that the inspection certificates generated for each lot of such commodities include the Entry Number from the Customs and Border Patrol (CBP) documentation that accompanies that lot. The proposed changes would also require that importers of raisins, dates, and dried prunes report products exempt from 8e import regulations on AMS Form FV-6``Importers' Exempt Commodity Form,'' which is the same form that is currently used by importers of all other commodities exempt from 8e import regulations. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request revisions to a currently-approved information collection for specified exempt import commodities. These changes are intended to streamline the tracking of imported products and provide uniformity in electronic reporting systems used by the industries and the Department of Agriculture (USDA).

The North Pacific Fishery Management Council (Council) has submitted proposed Amendment 79 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) for Secretarial review. If approved, Amendment 79 would amend the FMP and require the Council to annually recommend an aggregate overfishing level (OFL) and acceptable biological catch (ABC) for the ``other species'' category in the Gulf of Alaska (GOA). The ``other species'' category consists of sharks, sculpins, squid, and octopus. Currently, the Council only sets total allowable catch (TAC) for the ``other species'' category, which is intended to accommodate the directed catch of ``other species'' and incidental catch in other groundfish fisheries. The revised process would allow the Council to incorporate the best and most recent scientific and socio-economic information and public testimony in its recommendation for an annual ``other species'' TAC. The purpose of this amendment is to provide a sound biological basis for the setting of the ``other species'' TAC, ABC, and OFL, and is necessary to comply with the Magnuson-Stevens Fishery Conservation and Management Act.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection(s) associated with section 73.682(d) of the rules. On January 30, 2008, the Commission established May 29, 2008 as the effective date for this rulesection 73.682(d)in the summary document of the Report and Order, which was published in the Federal Register at 73 FR 5634. The Ordering Clause of the Report and Order stated that the Commission would publish a notice in the Federal Register announcing when OMB approval for this rule section has been received and when this rule will take effect. This notice is consistent with the statement in the Report and Order.

This action proposes to revise Class E airspace at Kivalina, AK. Two Standard Instrument Approach Procedures (SIAPs) are being amended for the Kivalina Airport at Kivalina, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Kivalina Airport, Kivalina, AK.

This action realigns the internal boundaries and amends the time of designation and using agency title for restricted areas R- 5314A, B, C, D, E, and F; amends the time of designation and using agency title for R-5314H and J; and revokes R-5314G. The FAA is taking this action to enhance the safety and operational efficiency of the Dare County Range.

This action proposes to revise Class E airspace at Prospect Creek, AK. Three Special Standard Instrument Approach Procedures (SIAPs) are being developed for the Prospect Creek Airport at Prospect Creek, AK. Additionally, two Special SIAPs and a Special textual Obstacle Departure Procedure (ODP) are being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Prospect Creek Airport, Prospect Creek, AK.

This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on February 19, 2008. The FAA proposed to establish Class E airspace at the White Hills Airstrip, AK, to support the installation of instrument approach procedures. The FAA has since been advised by the proponent that the airstrip will not be used for instrument approaches in the near term. Therefore, the FAA has determined that withdrawal of the proposed rule is warranted.

This action proposes to establish Class E airspace at Eek, AK. Two Standard Instrument Approach Procedures (SIAPs) and a textual Obstacle Departure Procedure (ODP) are being developed for the Eek Airport at Eek, AK. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at the Eek Airport, Eek, AK.

The Coast Guard is establishing special local regulations for the ``William I. Koch International Sea Scout Cup'', a sail boat regatta to be held on the waters of the Severn River, Annapolis, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Severn River adjacent to the U.S. Naval Academy, Annapolis, Maryland during the sail boat regatta.

NCUA proposes to amend its regulation governing a federal credit union's (FCU's) incidental powers by adding illustrations of permissible activities under the categories of correspondent services, operational programs, and finder activities. These amendments will provide useful information to FCUs by clarifying and updating the illustrations regarding permissible activities.

The EPA is proposing to add Method 207 to the test methods in Appendix M of 40 CFR Part 51. Appendix M contains recommended test methods that are provided for the States to use in their State Implementation Plans. Therefore, this method may be used as an alternative to existing test methods for measuring volatile organic compound (VOC) emissions. This pre-survey method was developed by the corn wet-milling (CWM) industry specifically to measure VOC mass emissions from processes within the CWM industry. It provides a systematic approach to develop a specific list of target organic compounds and the appropriate methods to measure those target compounds during subsequent VOC emissions testing. After using the pre-survey procedure, the tester will have sufficient information to design a comprehensive testing program using Method 18 and other appropriate methods to measure the mass of VOC emissions during the actual emissions testing. This method is an alternative to existing test methods and does not add any new reporting requirements to the reporting requirements that already exist. While it is an alternative method, it is the recommended method for measuring VOC mass emissions from CWM facilities. In the ``Rules and Regulations'' section of this Federal Register, we are adding Method 207 to the test methods in Appendix M of 40 CFR Part 51 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.

The Food and Drug Administration (FDA) is proposing to amend its regulations concerning the format and content of the ``Pregnancy'', ``Labor and delivery'', and ``Nursing mothers'' subsections of the ``Use in Specific Populations'' section of the labeling for human prescription drug and biological products. The agency is proposing to require that labeling include a summary of the risks of using a drug during pregnancy and lactation and a discussion of the data supporting that summary. The labeling would also include relevant clinical information to help health care providers make prescribing decisions and counsel women about the use of drugs during pregnancy and/or lactation. The proposal would eliminate the current pregnancy categories A, B, C, D, and X. The ``Labor and delivery'' subsection would be eliminated because information on labor and delivery is included in the proposed ``Pregnancy'' subsection. The proposed rule is intended to create a consistent format for providing information about the effects of a drug on pregnancy and lactation that will be useful for decisionmaking by women of childbearing age and their health care providers.

The Federal Communications Commission published a document in the Federal Register of May 16, 2008, requesting comment on proposals for the promotion of increased diversity in the broadcasting services. Due to a clerical error, the document contained incorrect comment dates.

This Rule establishes, amends, suspends, or revokes STANDARD Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Maritime Administration supports the coastwise laws of the United States. We are publishing this interim final rule to establish regulations governing administrative determinations of availability of coastwise-qualified launch barges to be used in the transportation and, if needed, launch or installation of offshore oil drilling or production platform jackets in specified projects only. Based upon any further comments received, we may publish an amended final rule. We view this as a special, technical legislative requirement that does not indicate a change in our full support for other requirements of the coastwise laws. Specifically, this rulemaking implements provisions of the Coast Guard and Maritime Transportation Act of 2004, which, among other things, requires the Secretary of Transportation (acting through the Maritime Administrator) to adopt procedures to maximize the use of coastwise-qualified launch barge vessels but if the Secretary determines such coastwise-qualified vessels are not available for platform jacket transport and launching, then to allow the use of non- coastwise-qualified launch barges.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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 is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This AD requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness by incorporating new limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the initial performance of certain repetitive inspections specified in the AWLs to phase in those inspections, and repair if necessary. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for all Boeing Model 727 airplanes. This AD requires repetitive inspections for any cracking of or damage to the left side and right side flight deck No. 2, No. 4, and No. 5 windows, as necessary, and corrective actions if necessary. This AD results from reports of in-flight departure and separation of the flight deck windows. We are issuing this AD to detect and correct cracking in the vinyl interlayer or damage to the structural inner glass panes of the flight deck No. 2, No. 4, and No. 5 windows, which could result in loss of a window and rapid loss of cabin pressure. Loss of cabin pressure could cause crew communication difficulties or crew incapacitation.

We are adopting a new airworthiness directive (AD) for all Boeing Model 757 airplanes. This AD requires installation of an automatic shutoff system for the center tank fuel boost pumps, and installation of a placard in the airplane flight deck if necessary. This AD also requires revisions to the Limitations and Normal Procedures sections of the airplane flight manual to advise the flightcrew of certain operating restrictions for airplanes equipped with an automated center tank fuel pump shutoff control. This AD also requires a revision to the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness to incorporate AWLs No. 28-AWL-20 and No. 28-AWL-26. This AD also requires replacement of the fuel control panel assembly with a modified part, installation of two secondary pump control relays for the center tank fuel pumps, other specified actions, and concurrent modification of the fuel control panel assembly. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent center tank fuel pump operation with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet that could create a potential ignition source inside the center fuel tank; these conditions, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane.