Monday, June 25, 2007

Changes to the Federal Register for June 25, 2007

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are amending the Mexican fruit fly regulations by removing a portion of Webb County, TX, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from this area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. We have determined that the Mexican fruit fly has been eradicated from this portion of Webb County, TX, and that the quarantine and restrictions are no longer necessary. [72 FR 34595]

Banks And Banking 12 CFR 220-299
Part 229 - The Board of Governors is amending appendix A of Regulation CC to delete the reference to the head office of the Federal Reserve Bank of San Francisco and reassign the Federal Reserve routing symbols currently listed under that office to the Los Angeles branch office of the Federal Reserve Bank of San Francisco. These amendments will ensure that the information in appendix A accurately describes the actual structure of check processing operations within the Federal Reserve System. [72 FR 34596]

Business Credit And Assistance 13 CFR 101-END
Part 115 - On September 26, 2006, SBA published a proposed rule in the Federal Register addressing six changes to the SBA Surety Bond Guarantee (SBG) Program in order to improve operation of the SBG program and make it easier for sureties and small business concerns to participate in the program. Specifically, this rules makes the following amendments to the program: (1) Gives effect to the statutory reduction in the frequency of audits required of Preferred Surety Bond (PSB) Sureties; (2) obligates SBA to guarantee 90 percent of the loss incurred by a Prior Approval Surety on bonds issued on behalf of small businesses owned and controlled by veterans, and Service-disabled veterans; (3) imposes a 60-day deadline for the submission of surety fees to SBA; (4) allows PSB Sureties to charge premiums in accordance with applicable state ceilings, as presently permitted under the Prior Approval Program; (5) deletes the existing reference to the expiration of the PSB Program; and (6) allows Affiliates of a PSB Surety to participate in the Prior Approval Program. [72 FR 34597]

General Food For Human Consumption 21 CFR 1-199
Part 111 - The Food and Drug Administration (FDA) is issuing a final rule regarding current good manufacturing practice (CGMP) for dietary supplements. The final rule establishes the minimum CGMPs necessary for activities related to manufacturing, packaging, labeling, or holding dietary supplements to ensure the quality of the dietary supplement. The final rule is one of many actions related to dietary supplements that we are taking to promote and protect the public health. [72 FR 34752]

General Food For Human Consumption 21 CFR 1-199
Part 111 - The Food and Drug Administration (FDA) is issuing an interim final rule (IFR) that sets forth a procedure for requesting an exemption from the requirement in the final rule "Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements," published elsewhere in this issue of the Federal Register, that the manufacturer conduct at least one appropriate test or examination to verify the identity of any component that is a dietary ingredient. This IFR allows for submission to, and review by, FDA of an alternative to the required 100 percent identity testing of components that are dietary ingredients, provided certain conditions are met and establishes a requirement for retention of records relating to the FDA's response to an exemption request. [72 FR 34959]

Internal Revenue 26 CFR 1.851-1.907
Parts 1 and 602 - This document contains final and temporary regulations under section 883(a) and (c) of the Internal Revenue Code (Code), relating to the exclusion from gross income of income derived by certain foreign corporations engaged in the international operation of ships or aircraft. These regulations revise §1.883-3 of the final regulations, relating to the eligibility of controlled foreign corporations for the exclusion under section 883, following the repeal of section 954(a)(4) and (f) (foreign base company shipping provisions) by section 415 of the American Jobs Creation Act of 2004. In addition, these regulations provide certain additional guidance under section 883(a) and (c), including for foreign corporations that are organized in countries providing an exemption from taxation for certain shipping and air transport income solely through an income tax convention. The text of these temporary regulations also serves as the text of the proposed regulations (REG-138707-06) set forth in the Proposed Rules section in this issue of the Federal Register. [72 FR 34600]

Internal Revenue 26 CFR 600-END
Parts 1 and 602 - This document contains final and temporary regulations under section 883(a) and (c) of the Internal Revenue Code (Code), relating to the exclusion from gross income of income derived by certain foreign corporations engaged in the international operation of ships or aircraft. These regulations revise §1.883-3 of the final regulations, relating to the eligibility of controlled foreign corporations for the exclusion under section 883, following the repeal of section 954(a)(4) and (f) (foreign base company shipping provisions) by section 415 of the American Jobs Creation Act of 2004. In addition, these regulations provide certain additional guidance under section 883(a) and (c), including for foreign corporations that are organized in countries providing an exemption from taxation for certain shipping and air transport income solely through an income tax convention. The text of these temporary regulations also serves as the text of the proposed regulations (REG-138707-06) set forth in the Proposed Rules section in this issue of the Federal Register. [72 FR 34600]

Mine Safety Administration 30 CFR 1-199
Part 75 - The Mine Safety and Health Administration (MSHA) is extending the comment period for the Emergency Temporary Standard (ETS) on sealing of abandoned areas of underground coal mines published on May 22, 2007 (72 FR 28796). [72 FR 34609]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the "Boston Pops Esplanade Fireworks" display on July 4, 2007 with a rain date of July 5, 2007 in Boston, Massachusetts, temporarily closing all navigable waters of the Charles River within a four hundred (400) yard radius of the fireworks launch barges located at approximate position 42°21.28' N, 071°05.00' W. The safety zone is necessary to protect the life and property of the maritime public from the potential hazards posed by a fireworks display. The safety zone temporarily prohibits entry into or movement within this portion of the Charles River during its closure period. [72 FR 34610]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during the City of Richmond Fireworks Display to be held on July 3, 2007. This safety zone is intended to prohibit vessels and people from entering into or remaining within the regulated areas in order to ensure the safety of participants and spectators. [72 FR 34612]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Presque Isle Bay and Lake Erie near Erie, Pennsylvania. This zone is intended to restrict vessels from a portion of Presque Isle Bay and Lake Erie during the Mercyhurst College "Old Fashion 4th of July", fireworks display on July 4, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34612]

Navigation and Navigable Waters 33 CFR 125-199

Part 165 - The Coast Guard is establishing a temporary safety zone for the Town of Lynn Fourth of July Fireworks on July 3, 2007, temporarily closing all navigable waters of Nahant Bay within a 500 yard radius of the fireworks barge located at approximate position 42°27'41.2" N, 70°55'6.1" W. The safety zone is necessary to protect the life and property of the maritime public from the potential hazards posed by a fireworks display. The safety zone temporarily prohibits entry into or movement within this portion of Nahant Bay during the closure period. [72 FR 34616]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the St. Lawrence River near Alexandria Bay, NY. This zone is intended to restrict vessels from a portion of the St. Lawrence River during the Independence Day Fireworks Display on July 4, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34618]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during the Peninsula Celebration Association Annual Fireworks Spectacular Display to be held on July 4, 2007. This safety zone is intended to prohibit vessels and people from entering into or remaining within the regulated areas in order to ensure the safety of participants and spectators. [72 FR 34620]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a permanent safety zone upon certain waters of the Patapsco River, Northwest Harbor, and Inner Harbor during the movement of the historic sloop-of-war USS CONSTELLATION, annually, on the Friday following Labor Day. This action is necessary to provide for the safety of life on navigable waters during the tow of the vessel from its berth at the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco River near the Fort McHenry National Monument and Historic Shrine in Baltimore, Maryland, and return. This action will restrict vessel traffic in portions of the Patapsco River, Northwest Harbor, and Inner Harbor during the event. [72 FR 34622]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing temporary safety zones in the navigable waters of Lake Tahoe for the loading, transport, and launching of fireworks to celebrate Independence Day. These safety zones are established to ensure the safety of participants and spectators. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or his designated representative. [72 FR 34625]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing temporary safety zones in the navigable waters of Lake Tahoe for the loading, transport, and launching of fireworks to celebrate Independence Day. These safety zones are established to ensure the safety of participants and spectators. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or his designated representative. [72 FR 34627]

Emergency Management And Assistance 44 CFR 0-499
Part 64 - This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. [72 FR 34630]

Wildlife And Fisheries 50 CFR 200-599
Part 2290 - NMFS revises regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) by expanding the Southeast U.S. Restricted Area and modifying regulations pertaining to gillnetting within the Southeast U.S. Restricted Area. NMFS prohibits gillnet fishing or gillnet possession during annual restricted periods associated with the right whale calving season. Limited exemptions to the fishing prohibitions are provided for gillnet fishing for sharks and for Spanish mackerel south of 29°00' N. lat. An exemption to the possession prohibition is provided for transiting through the area if gear is stowed in accordance with this final rule. This action is required to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). This action is necessary to protect northern right whales from serious injury or mortality from entanglement in gillnet gear in their calving area in Atlantic Ocean waters off the Southeast U.S. [72 FR 34632]

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