Thursday, June 28, 2007

Changes to the Federal Register for June 27, 2007

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 53-209
Part 205 - This Interim final rule amends the Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to enact 38 recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) during public meetings held May 6-8, 2002, in Austin, Texas, and March 27-29, 2007, in Washington, DC. This action is also being taken to provide an additional 60 days for the public to comment on these 38 amendments to the National List. [72 FR 35137]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 948 - This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 948, regulating the handling of Irish potatoes grown in Colorado (order). AMS has determined that the order should be continued. [72 FR 35141]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Part 1209 - The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that reapportioned the membership of the Mushroom Council (Council) to reflect shifts in United States mushroom production. The final rule continues in effect the realignment of the Mushroom Promotion, Research, and Consumer Information Order's (Order) four United States geographic regions, and reallocates Council member representation in two of the four United States geographic regions (Regions 1 and 4). The Council, which administers the Order, proposed the amendments in conformance with Order requirements to review--at least every 5 years and not more than every three years--the geographic distribution of United States mushroom production volume and import volume. These changes to the Council are effective for the Secretary of Agriculture's 2008 appointments. [72 FR 35142]

Nuclear Regulatory Commission 10 CFR 1-199
Part 70 - The Nuclear Regulatory Commission (NRC) is making conforming changes to citations in the regulatory text. This action is necessary to inform the public of these conforming changes to NRC regulations. [72 FR 35144]

Banks And Banking 12 CFR 500-599
Parts 563b and 575 - The Office of Thrift Supervision (OTS) is clarifying its regulations regarding stock benefit plans established after mutual-to-stock conversions or in mutual holding company structures. In addition, OTS is modifying the voting requirements for the adoption of certain stock benefit plans in mutual holding company structures by providing that the plans must be approved by a majority of the minority shares voting on the plan. Also, OTS is making several minor changes to the regulations governing mutual-to-stock conversions and minority stock issuances. [72 FR 35145]

Aeronautics And Space 14 CFR 60-139
Part 65 - On January 30, 2007, the FAA issued a direct final rule, "Inspection Authorization 2-Year Renewal," which amended the renewal period for inspection authorizations and requested comments. This document responds to the comments received and confirms the effective date of the rule. [72 FR 35151]

Commodity And Securities Exchanges 17 CFR 200-239
Parts 210, 228, 229 and 240 - We are adopting an amendment to our rules to clarify that an evaluation which complies with the Commission's interpretive guidance published in this issue of the Federal Register in Release No. 34-55929 is one way to satisfy the requirement for management to evaluate the effectiveness of the issuer's internal control over financial reporting. We are also amending our rules to define the term material weakness and to revise the requirements regarding the auditor's attestation report on the effectiveness of internal control over financial reporting. The amendments are intended to facilitate more effective and efficient evaluations of internal control over financial reporting by management and auditors. [72 FR 35310]

Commodity And Securities Exchanges 17 CFR 240-END
Parts 210, 228, 229 and 240 - We are adopting an amendment to our rules to clarify that an evaluation which complies with the Commission's interpretive guidance published in this issue of the Federal Register in Release No. 34-55929 is one way to satisfy the requirement for management to evaluate the effectiveness of the issuer's internal control over financial reporting. We are also amending our rules to define the term material weakness and to revise the requirements regarding the auditor's attestation report on the effectiveness of internal control over financial reporting. The amendments are intended to facilitate more effective and efficient evaluations of internal control over financial reporting by management and auditors. [72 FR 35310]

Commodity And Securities Exchanges 17 CFR 240-END
Part 241 - The SEC is publishing this interpretive release to provide guidance for management regarding its evaluation and assessment of internal control over financial reporting. The guidance sets forth an approach by which management can conduct a top-down, risk-based evaluation of internal control over financial reporting. An evaluation that complies with this interpretive guidance is one way to satisfy the evaluation requirements of Rules 13a-15(c) and 15d-15(c) under the Securities Exchange Act of 1934. [72 FR 35324]

Customs Duties 19 CFR 0-140
Parts 10, 163, and 178 - This document amends title 19 of the Code of Federal Regulations ("CFR") on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the U.S.-Jordan Free Trade Agreement entered into by the United States and the Hashemite Kingdom of Jordan. [72 FR 35154]

Customs Duties 19 CFR 141-199
Parts 10, 163, and 178 - This document amends title 19 of the Code of Federal Regulations ("CFR") on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the U.S.-Jordan Free Trade Agreement entered into by the United States and the Hashemite Kingdom of Jordan. [72 FR 35154]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Atlantic Beach Bridge, mile 0.4, across Reynolds Channel at Atlantic Beach, New York. Under this temporary deviation a one-hour advance notice will be required for bridge openings between 7 a.m. and 3:30 p.m., Monday through Friday, from July 23, 2007 through August 3, 2007. This deviation is necessary to facilitate bridge steel deck grating replacement. [72 FR 35160]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Lake Erie, Fairview, PA. This zone is intended to restrict vessels from a portion of Lake Erie during the Fairview Picnic fireworks display on July 1, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 35160]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Port Jefferson Fireworks on East Beach in Port Jefferson, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 35163]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in the Syracuse Inner Harbor, Syracuse, NY. This zone is intended to restrict vessels from a portion of the Syracuse Inner Harbor during the City of Syracuse Fireworks Celebration on June 29, 2007 Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 35165]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Cancer Center for Kids Fireworks in Bayville, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 35167]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Town of Hingham Fourth of July Fireworks on July 1, 2007. 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 Hingham Inner Harbor during its closure period. [72 FR 35169]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the "Salem Harbor Celebrates the 4th of July Fireworks" display on July 4, 2007, in Salem, Massachusetts. 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 Pickering Wharf Channel during its closure period. [72 FR 35171]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the Seneca River, Baldwinsville, NY. This safety zone is intended to restrict vessels from a portion of the Seneca River during the Seneca River Days fireworks display on July 6, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 35173]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Trustees of Reservations July Fireworks on July 4, 2007. 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 Ipswich Bay during its closure period. [72 FR 35175]

Postal Service 39 CFR 1-END
Part 111 - This final rule delays the date set for the required use of electronic data and automated processes of the Electronic Verification System (eVS) for permit imprint Parcel Select® manifest mailings, which currently are paper-driven and rely on manual processes for handling verification and postage reconciliations. The delay in required use also extends to Standard Mail® machinable parcels and parcels from other Package Services subclasses (Bound Printed Matter, Library Mail, or Media Mail®) that are authorized to be commingled with permit imprint Parcel Select parcels. Parcel mailers and shippers may continue to use eVS as an option if they meet the required business standards and technical specifications in the Domestic Mail Manual. [72 FR 35177]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the tobacco mild green mosaic tobamovirus (TMGMV) on grass and grass hay when applied/used as a bioherbicide against the weed tropical soda apple. Interregional Research Project Number 4 (IR4), on behalf of BioProdex, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of TMGMV. The temporary tolerance exemption expires on June 30, 2009. [72 FR 35178]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for residues of buprofezin in or on fruit, stone, group 12, except apricot and peach; and apricot. EPA is also revising existing tolerances for residues of buprofezin in or on canistel; grape; mango; papaya; sapodilla; sapote, black; sapote, mamey; and star apple; and deleting the existing tolerance for "grape, raisin" that is no longer needed as a result of this action. Interregional Research Project No. 4 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 35182]

Public Contracts And Property Management 41 CFR Chapters 201-END
Part 302-4 - The General Services Administration (GSA), Office of Governmentwide Policy (OGP), plans to establish the Internal Revenue Service (IRS) Standard Mileage Rate for moving purposes as the rate at which agencies will reimburse an employee for using a privately owned vehicle (POV) for relocation. The FTR and any corresponding documents may be accessed at GSA's website at http://www.gsa.gov/ftr. [72 FR 35187]

Telecommunication 47 CFR 0-19
Parts 1 and 76 - In this document, the Commission rescinds the procedures it adopted in 2001 on an emergency, interim basis to require the filing or re-filing of certain documents electronically (i.e., by facsimile or e-mail), by overnight delivery, or by hand delivery to the Commission's Capitol Heights, Maryland location. Filings will no longer be accepted by e-mail or facsimile, unless specifically authorized by the Commission's rules. [72 FR 35189]

Telecommunication 47 CFR 70-79
Parts 1 and 76 - In this document, the Commission rescinds the procedures it adopted in 2001 on an emergency, interim basis to require the filing or re-filing of certain documents electronically (i.e., by facsimile or e-mail), by overnight delivery, or by hand delivery to the Commission's Capitol Heights, Maryland location. Filings will no longer be accepted by e-mail or facsimile, unless specifically authorized by the Commission's rules. [72 FR 35189]

Telecommunication 47 CFR 70-79
Part 73 - This document grants a Petition for Reconsideration filed by Southern California Public Radio in response to the staff letter dated March 18, 2004, returning its Petition for Rule Making, which requested the reservation of FM Channel 273A at Hemet, California for noncommercial educational use. This document also denies a Petition for Reconsideration filed by Maranatha Ministries of Hemet directed to the staff letter dated March 18, 2004, returning its Petition for Rule Making, requesting the reservation of vacant FM Channel 273A at Hemet, California for noncommercial educational use. [72 FR 35189]

Telecommunication 47 CFR 80-END
Part 90 - In this document, the Federal Communications Commission (Commission) makes certain minor editorial amendments to its rules to correct errors or omissions of publication, eliminate duplicative language, or conform the rules with other rule sections in effort to provide clear and concise rules that are easy for the public to understand. [72 FR 35190]

Federal Acquisition Regulations System 48 CFR Chapters 29 to END
Part 9903 - Correcting rule document E7-11328 beginning on page 32809 in the Federal Register issue of Thursday, June 14, 2007. [72 FR 35307]

Transportation 49 CFR 400-999
Part 571 - Correcting Rule document 07-517 was inadvertently published in the Proposed Rules section of the issue of February 6, 2007, beginning on page 5385. It should have appeared in the Rules section. [72 FR 35307]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - This action extends a temporary final rule published on October 18, 2005. The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration (FDA), and that were subsequently extended on December 28, 2005, June 30, 2006, and again on January 1, 2007, expire on July 1, 2007. This temporary rule extends a closure of Federal waters through December 31, 2007. The FDA has determined that current oceanographic conditions and alga sampling data suggests that the northern section of the Temporary Paralytic Shellfish Poison (PSP) Closure Area remain closed to the harvest of bivalve molluscan shellfish and that the southern area remain closed to the harvest of whole or roe-on scallops. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times so that the public is aware of the regulations being extended through December 31, 2007. [72 FR 35200]

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