June 19, 2008 – Federal Register Recent Federal Regulation Documents

NMFS, upon application from the Minerals Management Service (MMS), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to explosive severance activities at offshore oil and gas structures in the Gulf of Mexico (GoM). Issuance of regulations, and Letters of Authorization (LOAs) under those regulations, governing the unintentional incidental takes of marine mammals in connection with particular activities is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on their availability for taking for subsistence uses, and if the Secretary sets forth the permissible methods of taking and other means of effecting the least practicable adverse impact on affected marine mammal species or stocks and their habitat, and on the availability of such species or stocks for subsistence uses. These regulations do not authorize offshore structure removal activities as such authorization is not within the jurisdiction of the Secretary. Rather, NMFS' regulations together with LOAs authorize the unintentional incidental take of marine mammals in connection with this activity.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the State Route 82 (SR 82) swing span bridge across Sabine Lake at mile 9.5 between Cameron Parish, Louisiana and Jefferson County, Texas. This deviation provides for the bridge to remain closed to navigation for 19 consecutive days to reverse the direction of the swing span to facilitate construction of a new replacement bridge adjacent to the existing swing span bridge.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Meadowbrook State Parkway Bridge across Sloop Channel at mile 12.8, at Hempstead, New York. Under this temporary deviation the bridge may remain in the closed position for 2\1/2\ hours to facilitate public safety during a public event, the Veterans Fireworks Display.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the NJTRO Lower Hack Bridge across the Hackensack River, mile 3.4, at Jersey City, New Jersey. Under this temporary deviation, the NJTRO Lower Hack Bridge may remain in the closed position for ten hours on two weekend days to facilitate scheduled bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times and vessels that need a bridge opening can do so by providing a two-hour advance notice. This deviation is necessary to facilitate upgrades to the control system at the bridge.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS NASHVILLE (LPD 13) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Coast Guard is establishing a temporary safety zone on Lake Michigan, St. Joseph, MI. This zone is intended to restrict vessels from a portion of Lake Michigan during a re-enactment of a World War II beach invasion. This temporary safety zone is necessary to protect event participants and spectator vessels and restrict spectators and other vessels from the re-enactment site.

The Coast Guard is establishing a temporary safety zone for the Arlington Chamber of Commerce Fireworks Display to be held on the waters of the Columbia River in the vicinity of Arlington's waterfront in Arlington, Oregon. The safety zone will restrict vessels from entering the designated area during the fireworks display. This temporary rule is needed to provide for the safety of life on navigable waters during the event.

The Food and Drug Administration (FDA) is proposing that certain ingredients in over-the-counter (OTC) drug products are not generally recognized as safe and effective (GRASE) or are misbranded. FDA is issuing this proposed rule because we did not receive any data and information on these ingredients in response to our request on December 31, 2003 (68 FR 75585). This proposed rule is part of FDA's ongoing review of OTC drug products.

The Department is hereby revising its regulations regarding Au Pairs. The Interim Final Rule revises the section on repeat participation to allow qualified au pairs to repeat the program after a period of at least two years residency outside the United States following the end date of his or her initial program.

MSHA is requesting information from the public on smoke density and combustion toxicity tests that may be used to evaluate the fire hazard of conveyor belting and similar materials used in underground coal mines.

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:

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 Departments of Commerce and the Interior (the Departments) issue this rule to amend their regulations governing jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands) published on April 5, 2007 (72 FR 16713). This amendment is needed to correct the formula for the calculation of the jewelry duty-refund, in accordance with Public Law 108-429.