Friday, June 8, 2007

Changes to the Federal Register for June 8, 2007

Energy 10 CFR 500-END
Parts 820 and 835 - The Department of Energy (DOE) today amends its Procedural Rules for DOE Nuclear Activities, and its Occupational Radiation Protection requirements. The amendments to 10 CFR part 820, the Procedural Rules for DOE Nuclear Activities, update its provisions to take into account the establishment of the National Nuclear Security Administration (NNSA). The amendments to 10 CFR part 835, the Occupational Radiation Protection requirements, update its provisions to account for lessons learned since the initial adoption of these regulations, comments from the Defense Nuclear Facilities Safety Board (DNFSB) and members of the public, new recommendations from the International Commission on Radiological Protection (ICRP), and the establishment of the NNSA. [72 FR 31904]

Aeronautics And Space 14 CFR 1-59
Part 1 - On April 19, 2007, the FAA published a Direct Final Rule to amend the definition of a light-sport aircraft (LSA) in two areas. The changes permit development of lighter-than-air (LTA) LSA, and allow retractable landing gear for LSA intended for operation on water. [72 FR 31713]

Aeronautics And Space 14 CFR 140-199
Part 158 - When the FAA issued a final rule which amended FAA regulations dealing with the Passenger Facility Charge (PFC) program to add more eligible uses for revenue, protect such revenue in bankruptcy proceedings, and eliminate charges to passengers on military charters, we erroneously stated a paragraph reference in the regulatory text. This correction removes the erroneous paragraph reference and replaces it with the correct paragraph reference. [72 FR 31713]

Commerce And Foreign Trade 15 CFR 300-799
Part 736 - The Bureau of Industry and Security is revising the Export Administration Regulations (EAR) by amending a general order published in the Federal Register on June 5, 2006 and later amended on September 6, 2006 to add nine additional persons. The general order imposed a license requirement for exports and reexports of all items subject to the EAR where the transaction involved Mayrow General Trading ("Mayrow") or entities related, as specified in that general order. The order also prohibited the use of License Exceptions for exports or reexports of any items subject to the EAR involving such entities. [72 FR 31716]

Customs Duties 19 CFR 0-140
Parts 24, 113, and 128 - This document amends title 19 of the Code of Federal Regulations (19 CFR) to reflect changes to the customs user fee statute made by section 337 of the Trade Act of 2002 and section 2004(f) of the Miscellaneous Trade and Technical Corrections Act of 2004. The statutory amendments made by section 337 concern the fees payable for customs services provided in connection with the informal entry or release of shipments at express consignment carrier facilities and centralized hub facilities, and primarily serve to replace the annual lump sum payment procedure with a quarterly payment procedure based on a specific fee for each individual air waybill or bill of lading. Section 2004(f) amended the user fee statute by authorizing the assessment of both the merchandise processing fee and a reimbursable fee assessed on each air waybill or bill of lading for merchandise that is formally entered at these sites and valued at $2,000 or less. In addition, pursuant to the authority established in 19 U.S.C. 58c(b)(9)(B)(i), this document raises the existing $0.66 fee assessed on individual air waybills or bills of lading to $1.00 to more equitably align it with the actual costs incurred by CBP in processing these items. [72 FR 31719]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Coast Guard is canceling the temporary deviation concerning the test operating schedule governing the AK Railroad Bridge across Arthur Kill at mile 11.6 between Staten Island, New York and Elizabeth, New Jersey. This deviation is canceled because the test schedule proved ineffective. In addition, the Commander, First Coast Guard District, has issued a new temporary deviation from the regulation governing the operation of the AK Railroad Bridge. This new temporary deviation requires the AK Railroad Bridge to remain in the open position at all times, except that, the draw would close for the passage of trains for two daily thirty minute closure periods within a designated one hour time frame on a fixed schedule with a one hour adjustment whenever high water occurs during or up to one hour after the applicable closure period. In addition, a number of unscheduled requests for thirty minute closure periods may be granted by the Coast Guard within one to three hours of receipt of the request. The purpose of this deviation is to test a new temporary change to the drawbridge operation schedule to help determine the most equitable and safe solution to facilitate the present and anticipated needs of navigation and rail traffic. [72 FR 31725]

Postal Service 39 CFR 1-END
Part 111 - The Postal Service™ is revising the Mailing Standards of the United States Postal Service, Domestic Mail Manual to require customs declarations on certain Priority Mail® mailpieces to or from ZIP Code™ 96799 and ZIP Codes™ beginning with the prefix 969. [72 FR 31726]

Air Programs 40 CFR 1-69
Part 51 - On December 19, 2006, EPA published, as a proposed rule, a notice of reconsideration for several aspects of the November 29, 2005, Phase 2 of the final rule to implement the 8-hour ozone national ambient air quality standard (NAAQS). These issues relate to nitrogen oxide (NOX) reasonably available control technology (RACT) for electric generating units (EGUs) in Clean Air Interstate Rule (CAIR) states and to certain new source review (NSR) provisions. The notice of reconsideration was published as a result of a petition for reconsideration which had been submitted by the Natural Resources Defense Council. In this action, EPA summarizes and responds to comments received in response to the notice of reconsideration, and EPA announces its final actions taken in response to these comments. [72 FR 31727]

Air Programs 40 CFR 1-69
Part 52 - EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for five major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania's or the Commonwealth's) SIP-approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act (CAA). [72 FR 31749]

Superfund; Emergency Planning; Community Right-to-Know Programs 40 CFR 300-399
Part 300 - The Environmental Protection Agency issued a final rule in the Federal Register on September 15, 1994 that revised the National Contingency Plan to incorporate amendments to the Clean Water Act that were enacted with the Oil Pollution Act of 1990. This document is being issued to update one of the figures, "U.S. Coast Guard Districts -- Atlantic and Pacific Area Commands," found in the National Contingency Plan. The United States Coast Guard revised their District boundaries in November 2006. [72 FR 31752]

Public Lands: Interior 43 CFR 1-999
Parts 421 and 423 - This rule makes public conduct at Hoover Dam subject to the same rules governing public conduct at other Bureau of Reclamation facilities. In order to do this, Reclamation is removing from the Code of Federal Regulations the existing 43 CFR part 421 (Rules of Conduct at Hoover Dam) and making public conduct on all Reclamation projects subject to 43 CFR part 423 (Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies). [72 FR 31755]

Telecommunication 47 CFR 40-69
Part 64 - The Commission adopted rules to implement section 222 of the Communications Act of 1934, as amended, which governs carriers' use and disclosure of customer proprietary network information. The rules in §§64.2007, 64.2008, and 64.2009 required Office of Management and Budget approval and the Commission stated previously in its Federal Register publication that it would announce the effective date of these rules when approved. This document announces the effective date of these rules. [72 FR 31948]

Telecommunication 47 CFR 40-69
Part 64 - The Commission adopted rules to implement section 222 of the Communications Act of 1934, as amended, which governs carriers' use and disclosure of customer proprietary network information. In this document, the Commission responds to the practice of "pretexting" by strengthening its rules to protect the privacy of customer proprietary network information (CPNI) that is collected and held by providers of communications services. [72 FR 31948]

Wildlife And Fisheries 50 CFR 200-599
Parts 224 and 660 - NMFS issues a final rule to amend text in the regulations governing closures of the drift gillnet fishery in the Pacific Loggerhead Conservation Area during El Nino events under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The regulation is necessary to avoid jeopardizing loggerhead sea turtles, which are listed as threatened under the Endangered Species Act, by clarifying the time period in which the area is to be closed and the methods that NMFS will use to determine if an El Nino event is occurring or forecast to occur. This final rule also corrects an inaccurate cross-reference in the regulations governing special requirements for fishing activities to protect threatened and endangered sea turtles under the HMS FMP. [72 FR 31756]

Wildlife And Fisheries 50 CFR 600-END
Parts 224 and 660 - NMFS issues a final rule to amend text in the regulations governing closures of the drift gillnet fishery in the Pacific Loggerhead Conservation Area during El Nino events under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The regulation is necessary to avoid jeopardizing loggerhead sea turtles, which are listed as threatened under the Endangered Species Act, by clarifying the time period in which the area is to be closed and the methods that NMFS will use to determine if an El Nino event is occurring or forecast to occur. This final rule also corrects an inaccurate cross-reference in the regulations governing special requirements for fishing activities to protect threatened and endangered sea turtles under the HMS FMP. [72 FR 31756]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Full-time Tier 2 permit category for the 2007 fishing year has been harvested. Commercial vessels fishing under the tilefish Full-time Tier 2 permit may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2007 fishing year (through October 31, 2007). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure. [72 FR 31757]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI. [72 FR 31758]

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