Tuesday, April 24, 2007

Today's changes to the Federal Register for April 24, 2007

Commerce And Foreign Trade 15 CFR 300-799 Parts 730, 732, 742, 746, and 774
This rule amends the Export Administration Regulations (EAR) by making a technical correction to the contact information for the Drug Enforcement Administration. In addition, this rule amends the EAR by making corrections inadvertently omitted in three rules previously published in the Federal Register: the August 31, 2006, final rule implementing the rescission of Libya's designation as a state sponsor of terrorism; the November 20, 2006, final rule imposing foreign policy controls on surreptitious communications intercepting devices; and the January 26, 2007, final rule imposing restrictions on exports and reexports of luxury goods to the Democratic People's Republic of Korea (North Korea). [72 FR 20221]

Commodity And Securities Exchanges 17 CFR 200-239 Part 230
The Securities and Exchange Commission ("SEC" or "Commission") is adopting an amendment to a rule under Section 18 of the Securities Act of 1933 ("Securities Act") to designate securities listed, or authorized for listing, on the Nasdaq Capital Market tier of The NASDAQ Stock Market LLC ("Nasdaq") as covered securities for purposes of Section 18 of the Securities Act. Covered securities under Section 18 of the Securities Act are exempt from State law registration requirements. The Commission also is making a correction to the rule text to conform it to the language of Section 18 of the Securities Act. [72 FR 20410]

Commodity And Securities Exchanges 17 CFR 240-END Part 249
The Securities and Exchange Commission ("Commission" or "SEC") is making technical amendments to Form BD and Form BDW, the uniform broker-dealer registration form and the uniform request for withdrawal from broker-dealer registration, respectively. The technical amendments will update the current list of self-regulatory organizations ("SROs") and government jurisdictions listed on Form BD and Form BDW, and make conforming changes to the definition "jurisdiction" in the forms. [72 FR 20223]

Biologics, Cosmetics, Medical Devices, Mammography, Radiological Health 21 CFR 600-1299 Part 884
The Food and Drug Administration (FDA) is classifying the computerized labor monitoring systems into class II (special controls). Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document entitled, "Guidance for Industry and FDA Staff; Class II Special Controls Guidance Document: Computerized Labor Monitoring Systems," which will serve as the special controls for these devices. The agency is classifying these devices into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of these devices. [72 FR 20225]

Air Programs 40 CFR 1-69 Part 63
EPA is taking direct final action on amendments to the National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks (Automobiles and Light- Duty Trucks NESHAP) which were promulgated on April 26, 2004, under the authority of section 112(d) of the Clean Air Act. The direct final rule amends provisions in the Automobiles and Light-Duty Trucks NESHAP to clarify the interaction between the Automobiles and Light-Duty Trucks NESHAP and the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products (Plastic Parts NESHAP), to clarify the meaning of certain regulatory provisions, and to correct certain errors identified in the regulatory text. EPA is also taking direct final action on amendments to the Plastic Parts NESHAP to clarify that screen printing is not subject to that rule. [72 FR 20227]

Air Programs II 40 CFR 70-99 Part 80
Under section 211(k)(6) of the Clean Air Act, the Administrator of EPA shall require the sale of reformulated gasoline (RFG) in an ozone nonattainment area classified as marginal, moderate, serious or severe upon the application of the Governor of the state in which the nonattainment area is located. This final action extends the Act's prohibition against the sale of conventional gasoline (i.e., gasoline that is not RFG) to the Illinois portion of the St. Louis, Illinois-Missouri moderate ozone nonattainment area. The Agency will implement this prohibition for refiners and all other persons in the fuel distribution system other than retailers and wholesale purchaser- consumers on June 1, 2007. For retailers and wholesale purchaser- consumers, EPA's final action implements the prohibition on July 1, 2007. As of the compliance date for retailers and wholesale purchaser- consumers, this area will be treated as a covered area for all purposes of the Federal RFG program. [72 FR 20237]

Effluent Guidelines and Standards; Sewage Sludge 40 CFR 400-699 Part 600
Correcting Rule document 06-9749, originally published at 71 FR 77872-77969,(77941), December 27, 2006, and corrected at 72 FR 7921, February 21, 2007. [72 FR 20403]

Emergency Management And Assistance 44 CFR 0-499 Part 65
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. [72 FR 20243]

Emergency Management And Assistance 44 CFR 0-499 Part 67
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). [72 FR 20251]

Shipping 46 CFR 1-40 Parts 12 and 15
The Coast Guard is amending its regulations on merchant mariner documentation to implement section 3509 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act), which allows for the issuance of merchant mariner documents (MMDs) to certain non-resident aliens for service in the stewards departments of U.S.-flag large passenger vessels endorsed for coastwise trade. Coast Guard regulations currently prohibit the Coast Guard from issuing MMDs, which are required for service on large passenger vessels, to non- immigrant aliens. This interim rule amends Coast Guard regulations to allow the Coast Guard to issue MMDs to qualified non-resident aliens who are authorized to be employed in the United States. This rule also sets the requirements that these aliens must meet in order to qualify for MMDs, and the requirements for the large passenger vessels that may choose to hire these aliens. This interim rule only applies to large passenger vessels, as defined under the Warner Act. [72 FR 20278]

Wildlife And Fisheries 50 CFR 600-END Part 648
NMFS announces a decrease in the Georges Bank (GB) yellowtail flounder trip limit to 3,000 lb (1,361 kg) for NE multispecies days-at-sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan and is intended to prevent over-harvesting of the Total Allowable Catch (TAC) for GB yellowtail flounder during the 2007 fishing year. This action is being taken to provide additional opportunities for vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). [72 FR 20287]

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