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Changes to the Federal Register for August 1, 2007

2007-08-01T12:50:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 27-52
Part 51 - This rule would revise the regulations governing the inspection and certification for fresh fruits, vegetables and other products by increasing certain fees charged for the inspection of these products at destination markets for the next two fiscal years (FY-2007 and FY-2008) by approximately 15 percent each fiscal year. This rule would increase fees 30 days after publication in FY-2007 and again in March 2008. These revisions are necessary in order to recover, as nearly as practicable, the costs of performing inspection services at destination markets under the Agricultural Marketing Act of 1946 (AMA of 1946). The fees charged to persons required to have inspection on imported commodities in accordance with the Agricultural Marketing Agreement Act of 1937 and for imported peanuts under section 1308 of the Farm Security and Rural Investigation Act of 2002. [72 FR 41885]

Aliens And Nationality 8 CFR 1-END
Part 103 - This rule temporarily amends the applicable fees for employment-based Forms I-485, "Application to Register Permanent Residence or Adjust Status," and applications for derivative benefits associated with such Forms I-485 filed pursuant to the Department of State's July Visa Bulletin No. 107, dated June 12, 2007. The fees for all other petitions and applications administered by U.S. Citizenship and Immigration Services will continue in force as effective on July 30, 2007. [72 FR 41888]

Commodity And Securities Exchanges 17 CFR 240-END
Part 240 - We are adopting amendments to the proxy rules under the Securities Exchange Act of 1934 to provide shareholders with the ability to choose the means by which they access proxy materials. Under the amendments, issuers and other soliciting persons will be required to post their proxy materials on an Internet Web site and provide shareholders with a notice of the Internet availability of the materials. The issuer or other soliciting person may choose to furnish paper copies of the proxy materials along with the notice. If the issuer or other soliciting person chooses not to furnish a paper copy of the proxy materials along with the notice, a shareholder may request delivery of a copy at no charge to the shareholder. [72 FR 42222]

Internal Revenue 26 CFR 1.61-1.169
Part 1 - This document removes the temporary regulations pertaining to benefits that may be offered to participants under a section 125 cafeteria plan. The temporary regulations were published in the Federal Register on February 4, 1986. Guidance issued by the IRS and the Treasury Department under section 125 have made these temporary regulations obsolete. [72 FR 41891]

Internal Revenue 26 CFR 1.301-1.400
Part 1 - This document contains a correction to temporary regulations (TD 9330) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32792) applying to corporations that have undergone ownership changes within the meaning of section 382. These regulations provide guidance regarding the treatment of prepaid income under the built-in gain provisions of section 382(h). [72 FR 41890]

Internal Revenue 26 CFR 1.301-1.400
Part 1 - This document contains corrections to temporary regulations (TD 9330) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32792) applying to corporations that have undergone ownership changes within the meaning of section 382. These regulations provide guidance regarding the treatment of prepaid income under the built-in gain provisions of section 382(h). [72 FR 41891]

Patents, Trademarks, And Copyrights 37 CFR 1-END
Part 2 - The United States Patent and Trademark Office (Office) is amending the Trademark Rules of Practice (trademark rules) to require plaintiffs in Trademark Trial and Appeal Board (Board) inter partes proceedings to serve on defendants their complaints or claims; to utilize in Board inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure; and to delete the option of making submissions to the Board in CD-ROM form. In addition, certain amendments are being made to clarify rules, conform the rules to current practice, and correct typographical errors or deviations from standard terminology. [72 FR 42242]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision consists of clarifications to the exception provisions of the Maryland visible regulations. [72 FR 41891]

Air Programs 40 CFR 1-69
Part 52 - EPA is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) and San Joaquin Valley Air Pollution Control District (SJVAPCD) portions of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from boilers, process heaters, steam generators, and glass melting furnaces. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). [72 FR 41894]

Air Programs 40 CFR 1-69
Part 52 - EPA is finalizing a limited approval and limited disapproval of revisions to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP). This action was proposed in the Federal Register on October 17, 2006 and concerns particulate matter (PM-10) emissions from fugitive dust. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action simultaneously approves local rules that regulate these emission sources and directs Arizona to correct rule deficiencies. [72 FR 41896]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Iowa for maintenance of the sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS) in Muscatine, Iowa. [72 FR 41900]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Johnstown (Cambria County) ozone nonattainment area (Cambria Area) be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). EPA is approving the ozone redesignation request for Cambria Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Cambria Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Cambria Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Cambria Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 41903]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Altoona 8-hour ozone nonattainment area ("Altoona Area" or "Area") be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). The Area is comprised of Blair County, Pennsylvania. EPA is approving the ozone redesignation request for Altoona Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Altoona Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Altoona Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Altoona Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 41906]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Johnstown (Cambria County) ozone nonattainment area (Cambria Area) be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). EPA is approving the ozone redesignation request for Cambria Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Cambria Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Cambria Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Cambria Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 41903]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Altoona 8-hour ozone nonattainment area ("Altoona Area" or "Area") be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). The Area is comprised of Blair County, Pennsylvania. EPA is approving the ozone redesignation request for Altoona Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Altoona Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Altoona Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Altoona Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 41906]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a tolerance for residues of rimsulfuron in or on almond, hulls; fruit, citrus group 10; fruit, pome, group 11; fruit, stone, group 12; grape; nut, tree, group 14; and pistachio. E.I. duPont de Nemours and Company, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). [72 FR 41909]

Pesticides Programs 40 CFR 150-189
Part 180 - EPA is revoking certain tolerances for the herbicides bromoxynil, diclofop-methyl, and paraquat; the fungicide etridiazole (terrazole); the miticides dicofol and propargite; and the plant growth regulator and herbicide diquat. Also, EPA is removing duplicate tolerances for the herbicides bromoxynil, paraquat, and picloram; the fumigant phosphine; the miticide dicofol; and the insecticides fenbutatin-oxide and hydramethylnon. In addition, EPA is modifying certain tolerances for the insecticide hydramethylnon; the herbicides bromoxynil, paraquat, and triclopyr; the fungicides etridiazole, folpet, and triphenyltin hydroxide (TPTH); the miticides dicofol and propargite; and the plant growth regulator and herbicide diquat. Moreover, EPA is establishing new tolerances for the herbicides bromoxynil, paraquat, and picloram; the fungicides etridiazole, folpet, and TPTH; the miticides dicofol and propargite; the insecticide fenbutatin-oxide; and the plant growth regulator and herbicide diquat. The regulatory actions in this document are follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q). [72 FR 41913]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide Quillaja saponaria extract in or on all food commodities. Desert King Chile, Ltd. 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 an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Quillaja saponaria extract. [72 FR 41931]

Telecommunication 47 CFR 0-19
Part 1 - In this document, the Federal Communications Commission ("Commission") determines that, at this time, no further revisions are necessary with regard to the existing policies and rules relating to secondary markets in radio spectrum usage rights. [72 FR 41935]

Telecommunication 47 CFR 0-19
Parts 2 and 15 - This document dismisses two petitions for reconsideration of the rules adopted in this proceeding. It dismisses a petition filed by Warren C. Havens and Telesaurus Holdings GB LLC ("Havens") requesting that the Commission suspend the rule changes adopted for unlicensed devices in the 902-928 MHz (915 MHz) band until such time as it completes a formal inquiry with regard to the potential effect of such changes to Location and Monitoring Service (LMS) licensees in the band. This document also dismisses a petition for reconsideration filed by Cellnet Technology ("Cellnet") requesting that the Commission adopt spectrum sharing requirements in the unlicensed bands, e.g., a "spectrum etiquette," particularly in the 915 MHz band. [72 FR 41937]

Telecommunication 47 CFR 20-39
Parts 22 and 27 - The Federal Communications Commission (FCC) received Office of Management and Budget (OMB) approval on June 25, 2007, pursuant to the Paperwork Act of 1995, Public Law 104-13, for the following information collections contained in 47 CFR 27.1166(a), (b) and (e); 27.1170; 27.1182(a), (b); and 27.1186, that were published at 71 FR 29818, 29836-40 (May 24, 2006). An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. [72 FR 41939]

Telecommunication 47 CFR 20-39
Parts 22, 27, and 101 - The Wireless Telecommunications Bureau sets forth details of the duties and responsibilities of the clearinghouses that will administer the Commission's cost-sharing plan under the incumbent relocation procedures for the 2110-2200 MHz band. We also address several matters raised by commenters and issue interpretations and a general waiver that are intended to avoid confusion and unnecessary burdens. [72 FR 41940]

Telecommunication 47 CFR 70-79
Part 73 - The Audio Division, at the request of Englewood Wireless, allots Channel 250A at Englewood, Tennessee, as the community's first local FM service. Channel 250A can be allotted to Englewood, Tennessee, in compliance with the Commission's minimum distance separation requirements with a site restriction of 13.4 km (8.3 miles) at the following reference coordinates: 35-21-05 North Latitude and 84-36-18 West Longitude. [72 FR 41946]

Telecommunication 47 CFR 70-79
Part 73 - This document dismisses a Petition for Reconsideration filed by Renaissance Community Improvement Association, Inc. directed against the dismissal of its Petition for Rule Making proposing the allotment of Channel 235A at Keno, Oregon. With this action, this proceeding is terminated. [72 FR 41946]

Telecommunication 47 CFR 80-END
Parts 22, 27, and 101 - The Wireless Telecommunications Bureau sets forth details of the duties and responsibilities of the clearinghouses that will administer the Commission's cost-sharing plan under the incumbent relocation procedures for the 2110-2200 MHz band. We also address several matters raised by commenters and issue interpretations and a general waiver that are intended to avoid confusion and unnecessary burdens. [72 FR 41940]

Changes to the Federal Register for July 31, 2007

2007-07-31T07:38:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 210-299
Part 226 - This final rule incorporates into the Child and Adult Care Food Program (CACFP) regulations the provisions of the William F. Goodling Child Nutrition Reauthorization Act of 1998, which authorized afterschool care centers meeting certain criteria to be reimbursed for snacks served to at-risk children 18 years of age and younger. This rule establishes the eligibility of at-risk afterschool care centers to serve free snacks to children who participate in afterschool programs. The centers, which must be located in low-income areas, are reimbursed at the free rate for snacks. The intended effect of this rule is to support afterschool care programs through the provision of snacks that meet CACFP meal pattern requirements. The additional benefits provided by the 1998 reauthorization act and codified by this final rule were extended to institutions and children immediately after enactment. These changes were originally proposed by the Department in a rulemaking published on October 11, 2000. [72 FR 41591]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - On June 12, 2007, the Animal and Plant Health Inspection Service published a direct final rule. (See 72 FR 32165-32167.) The direct final rule notified the public of our intention to amend the black stem rust quarantine and regulations by adding four varieties to the list of rust-resistant Berberis species or cultivars in the regulations. We did not receive any written adverse comments or written notice of intent to submit adverse comments in response to the direct final rule. [72 FR 41611]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 319 - We are correcting an error in the amendatory instructions in our final rule that revised and reorganized the regulations pertaining to the importation of fruits and vegetables. The final rule was published in the Federal Register on July 18, 2007 (72 FR 39482-39528, Docket No. APHIS 2005-0106). [72 FR 41611]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 985 - The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that revised the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may have purchased from, or handled for, producers during the 2006-2007 marketing year. This rule continues in effect the action that increased the Scotch spearmint oil salable quantity from 878,205 pounds to 2,984,817 pounds, and the allotment percentage from 45 percent to 153 percent. In addition, this rule continues in effect the action that increased the Native spearmint oil salable quantity from 1,161,260 pounds to 1,205,208 pounds, and the allotment percentage from 53 percent to 55 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market. [72 FR 41611]

Animal Drugs, Feeds and Related Products 21 CFR 500-599
Part 558 - The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Elanco Animal Health. The supplemental NADA revises the indications for use of two-way combination Type B and Type C medicated swine feeds formulated with ractopamine hydrochloride and tylosin phosphate. [72 FR 41618]

Animal Drugs, Feeds and Related Products 21 CFR 500-599
Part 584 - The Food and Drug Administration (FDA) is amending the animal drug regulations for food substances affirmed as generally recognized as safe (GRAS) in feed and drinking water of animals to correct a cross-reference. This action is being taken to improve the accuracy of the regulations. [72 FR 41619]

Drug Enforcement Administration, National Drug Control Policy 21 CFR 1300-END
Part 1310 - Correcting rules document E7-14317 beginning on page 40238 in the Federal Register issue of Tuesday, July 24, 2007. [72 FR 41820]

Internal Revenue 26 CFR 1.401-1.440
Part 1 - This document contains corrections to final regulations that were published in the Federal Register on Tuesday, April 17, 2007 (73 FR 19234), relating to section 409A. [72 FR 41620]

Judicial Administration 28 CFR 0-42
Part 0 - This rule amends the regulations that describe the structure, functions, and responsibilities of the Offices of the Deputy Attorney General and Associate Attorney General, United States Department of Justice. [72 FR 41623]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard has amended the regulated navigation area (RNA) for the Lower Mississippi River (LMR) mile marker (MM) 233.9 through South and South West Passes by establishing mandatory check-in procedures for vessels transiting on the waters of the Mississippi River between (MM) 167.5 LMR and 187.9 LMR. This rule is needed to minimize the risk of collisions, allisions, and groundings occurring as a result of vessels meeting unanticipated traffic in the vicinity of Eighty-One Mile Point, MM 178 LMR. This rule requires vessels, subject to the Bridge to Bridge Radiotelephone Act (33 U.S.C. 26), to notify Vessel Traffic Center Lower Mississippi River, New Orleans (VTC New Orleans) prior to entering or getting underway in this section of the RNA. [72 FR 41624]

Air Programs 40 CFR 1-69
Part 52 - The Environmental Protection Agency is approving a request from the State of New Jersey to revise its State Implementation Plan (SIP) for ozone to incorporate state-adopted amendments to Subchapter 19 "Control and Prohibition of Air Pollution from Oxides of Nitrogen" and related amendments to Subchapter 16 "Control and Prohibition of Air Pollution by Volatile Organic Compounds." The amendments relate to the control of oxides of nitrogen (NOX) emissions from stationary industrial sources. This SIP revision consists of control measures needed to meet the shortfall in emission reductions in New Jersey's 1-hour ozone attainment demonstration SIP as identified by EPA. [72 FR 41626]

Air Programs 40 CFR 1-69
Part 52 - EPA is taking direct final action to approve state implementation plans submitted by the States of Arizona and Nevada that address interstate transport with respect to the 8-hour ozone and fine particulate matter national ambient air quality standards. In so doing, EPA has determined that the plans submitted by Arizona and Nevada and approved herein satisfy requirements under Clean Air Act section 110(a)(2)(D)(i) for each State to submit a plan containing adequate provisions to prohibit interstate transport with respect to the standards for 8-hour ozone and fine particulate matter. EPA is taking this action pursuant to those provisions of the Clean Air Act that obligate the Agency to take action on submittals of state implementation plans. The effect of this action is to approve the Arizona and Nevada state implementation plans addressing interstate transport with respect to the 8-hour ozone and fine particulate standards and to eliminate obligations on the Agency to promulgate Federal implementation plans for these States addressing this same requirement. [72 FR 41629]

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 41634]

Transportation 49 CFR 1-99
Part 1 - The Secretary of Transportation (Secretary) is delegating to the Maritime Administrator the authorities delegated to the Secretary by the President under section 1019 of Public Law 109-364 dated October 17, 2006, and entitled The John Warner National Defense Authorization Act for Fiscal Year 2007. [72 FR 41638]

Changes to the Federal Register for July 30, 2007

2007-07-31T07:27:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 905 - This rule decreases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.008 to $0.0072 per 4/5 bushel carton of oranges, grapefruit, tangerines, and tangelos handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Assessments upon Florida citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. [72 FR 41423]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Part 1206 - This rule amends, on an interim basis, the term of office provision of the Mango Promotion, Research, and Information Order (Order) so that the term of office and term limit for the two wholesaler and/or retailer positions of the National Mango Board (Board) be the same as that of other members. Specifically, the amendment modifies the term of office from one year to three years, and modifies the term limit for these positions from a maximum of three consecutive one-year terms to a maximum of two consecutive three-year terms in order to conform to the requirements of the Commodity Promotion, Research, and Information Act of 1996 Act. [72 FR 41425]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Parts 1209 and 1210 - The Agricultural Marketing Service (AMS) is making corrections to the Code of Federal Regulations (7 CFR part 1209 and 7 CFR part 1210) to reflect the modification of Harmonized Tariff Schedule (HTS) codes for imported mushrooms and watermelons by U.S. Customs and Border Protection. This document updates the HTS codes for the mentioned imported commodities in 7 CFR 1209.51(e)(3) and 7 CFR 1210.515(b). [72 FR 41427]

Aeronautics And Space 14 CFR 1-59
Part 25 - These special conditions are issued for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include electronic flight control systems and high bypass engines. These special conditions also pertain to the effects of such novel or unusual design features, such as effects on the structural performance of the airplane. Finally, these special conditions pertain to effects of certain conditions on these novel or unusual design features, such as the effects of high intensity radiated fields (HIRF). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes. [72 FR 41428]

Internal Revenue 26 CFR 1.301-1.400
Part 1 - This document contains final regulations under section 1248 of the Internal Revenue Code (Code) that provide guidance for determining the earnings and profits attributable to stock of controlled foreign corporations (or former controlled foreign corporations) that are (were) involved in certain nonrecognition transactions. The final regulations are necessary in order to supplement and clarify existing guidance in the regulations under section 1248. The final regulations affect persons subject to the regulations under section 1248, as well as persons to which regulations under other Code provisions, such as section 367(b), apply to the extent that those regulations incorporate the principles of the section 1248 regulations. In addition, the final regulations provide that with respect to the sale by a foreign partnership of the stock of a corporation, the partners in such foreign partnership shall be treated as selling or exchanging their proportionate share of the stock of such corporation for purposes of section 1248. [72 FR 41442]

Internal Revenue 26 CFR 1.1001-1.1400
Part 1 - This document contains final regulations under section 1248 of the Internal Revenue Code (Code) that provide guidance for determining the earnings and profits attributable to stock of controlled foreign corporations (or former controlled foreign corporations) that are (were) involved in certain nonrecognition transactions. The final regulations are necessary in order to supplement and clarify existing guidance in the regulations under section 1248. The final regulations affect persons subject to the regulations under section 1248, as well as persons to which regulations under other Code provisions, such as section 367(b), apply to the extent that those regulations incorporate the principles of the section 1248 regulations. In addition, the final regulations provide that with respect to the sale by a foreign partnership of the stock of a corporation, the partners in such foreign partnership shall be treated as selling or exchanging their proportionate share of the stock of such corporation for purposes of section 1248. [72 FR 41442]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains final regulations that prescribe the form that cooperatives must use to file their income tax returns. The regulations affect all cooperatives that are currently required to file an income tax return on either Form 1120, "U.S. Corporation Income Tax Return," or Form 990-C, "Farmers' Cooperative Association Income Tax Return." The new form will help the IRS to properly identify cooperatives and differentiate between cooperatives that must file returns within 2 1/2 months of the end of the taxable year and those that must file within 8 1/2 months of the end of the taxable year. [72 FR 41441]

Air Programs 40 CFR 1-69
Part 52 - On May 30, 2007 (72 FR 29886), EPA published a direct final approval of revisions to the California State Implementation Plan (SIP). These revisions concerned San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4307, Boilers, Steam Generators and Process Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr; Rule 4308, Boilers, Steam Generators and Process Heaters--0.075 MMBtu/hr to 2.0 MMBtu/hr; Rule 4309, Dryers, Dehydrators, and Ovens; Rule 4352, Solid Fuel Fired Boilers, Steam Generators and Process Heaters; and Rule 4905, Natural Gas-Fired, Fan-Type Residential Central Furnaces. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by June 29, 2007, EPA would publish a timely withdrawal in the Federal Register. EPA received timely adverse comments. Consequently, with this revision we are withdrawing the direct final approval of SJVAPCD Rule 4352. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on May 30, 2007 (72 FR 29901), or repropose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. The other rules approved in the May 30, 2007 direct final action, SJVAPCD Rules 4307, 4308, 4309, and 4905, are not affected by this partial withdrawal and are incorporated into the SIP as of the effective date of the May 30, 2007 direct final action. [72 FR 41450]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving Indiana's requests to amend its State Implementation Plan (SIP) for control of particulate matter in 326 IAC 6.5-7-13. Indiana submitted the SIP revision requests to EPA on November 1, 2005 and March 20, 2007. The revisions would change the source name from St. Mary's to Holy Cross Services Corporation (Saint Mary's Campus), and clarify and revise existing particulate matter (PM) emission limits for the boilers at that source to reflect current operating conditions. These revisions will not result in an increase in PM. [72 FR 41450]

Air Programs 40 CFR 1-69
Parts 52 and 97 - EPA is taking a direct final action to approve a revision to the Texas State Implementation Plan (SIP) submitted by the State of Texas on August 4, 2006, as the Texas Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX) Annual Abbreviated SIP. The abbreviated SIP revision EPA is approving includes the Texas methodologies for allocation of annual NOX allowances for Phase 1 of CAIR, the control periods 2009 through 2014, and for allocating allowances from the compliance supplement pool (CSP) in the CAIR NOX annual trading program. EPA has determined that the Texas CAIR NOX Annual Abbreviated SIP revision satisfies the applicable requirements of a CAIR abbreviated SIP revision. Upon the effective date of approval of the Texas CAIR NOX Annual Abbreviated SIP revision, EPA by ministerial action will note in the Texas CAIR NOX Annual Federal Implementation Plan's (FIP) incorporated regulations that the Texas rules for annual NOX allowances under Phase 1 of CAIR and allocating allowances from the CSP apply, rather than the Federal FIP rules. [72 FR 41453]

Air Programs II 40 CFR 70-99
Parts 52 and 97 - EPA is taking a direct final action to approve a revision to the Texas State Implementation Plan (SIP) submitted by the State of Texas on August 4, 2006, as the Texas Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX) Annual Abbreviated SIP. The abbreviated SIP revision EPA is approving includes the Texas methodologies for allocation of annual NOX allowances for Phase 1 of CAIR, the control periods 2009 through 2014, and for allocating allowances from the compliance supplement pool (CSP) in the CAIR NOX annual trading program. EPA has determined that the Texas CAIR NOX Annual Abbreviated SIP revision satisfies the applicable requirements of a CAIR abbreviated SIP revision. Upon the effective date of approval of the Texas CAIR NOX Annual Abbreviated SIP revision, EPA by ministerial action will note in the Texas CAIR NOX Annual Federal Implementation Plan's (FIP) incorporated regulations that the Texas rules for annual NOX allowances under Phase 1 of CAIR and allocating allowances from the CSP apply, rather than the Federal FIP rules. [72 FR 41453]

Changes to the Federal Register for July 27, 2007

2007-07-27T07:37:00.000-07:00

Administrative Personnel 5 CFR 1-699
Part 211 - The Office of Personnel Management (OPM) is issuing interim regulations to implement a change to the definition of "active duty" contained in §211.102(f) of title 5, Code of Federal Regulations. We are making this change in response to a Merit System Protection Board (MSPB) decision that affects eligibility for veterans' preference based on a service-connected disability. This action will conform OPM's regulations with MSPB's decision. [72 FR 41215]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are adopting as a final rule, without change, an interim rule that amended the gypsy moth regulations by adding Delaware and Franklin Counties in Ohio and Monroe County in West Virginia to the list of generally infested areas based upon the detection of infestations of gypsy moth in those counties. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested States. [72 FR 41216]

Aeronautics And Space 14 CFR 1-59
Part 25 - These special conditions are issued for Cessna Model 650 airplanes modified by Columbia Avionics, Inc. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification consists of installing an Electronic Flight Instrument System (EFIS) with the options for the Universal Avionics Vision 1 Synthetic Vision System. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. [72 FR 41216]

General Food For Human Consumption 21 CFR 1-199
Part 14 - The Food and Drug Administration (FDA) is announcing the establishment of the Risk Communication Advisory Committee in the Office of Planning, Office of the Commissioner. This document adds the Risk Communication Advisory Committee to the agency's list of standing advisory committees. [72 FR 41221]

Internal Revenue 26 CFR 40-49
Parts 48 and 602 - This document contains final regulations relating to the tax on the entry of taxable fuel into the United States. The final regulations affect enterers of taxable fuel, other importers of record, and certain sureties. [72 FR 41222]

Internal Revenue 26 CFR 600-END
Parts 48 and 602 - This document contains final regulations relating to the tax on the entry of taxable fuel into the United States. The final regulations affect enterers of taxable fuel, other importers of record, and certain sureties. [72 FR 41222]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a tolerance for the combined residues of chlorothalonil and its metabolite, 4-hydroxy-2,5,6-trichloroisophthalonitrile, in or on pea, edible podded. The Snowpea Commission of Guatemala requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). [72 FR 41224]

Public Welfare 45 CFR 1-199
Part 146 - This document amends the interim final regulation that implements the Mental Health Parity Act of 1996 (MHPA) to conform the sunset date of the regulation to the sunset date of the statute under legislation passed on December 9, 2006. [72 FR 41230]

Public Welfare 45 CFR 1-199
Part 148 - This interim final rule with comment period will amend our regulations regarding grants to States for operation of qualified high risk pools to conform to provisions of the Deficit Reduction Act of 2005 and the State High Risk Pool Funding Extension Act of 2006. Those provisions extended funding for seed and operational grants for State High Risk Pools and amended section 2745 of the Public Health Service Act. [72 FR 41232]

Changes to the Federal Register for July 26, 2007

2007-07-26T09:17:00.000-07:00

Nuclear Regulatory Commission 10 CFR 1-199
Part 171 - This document corrects a final rulemaking published on June 6, 2007 (72 FR 31401), that amends the licensing, inspection, and annual fees charged to its applicants and licensees. This notice is necessary to correct an erroneous amendatory instruction. [72 FR 41009]

General Food For Human Consumption 21 CFR 1-199
Parts 20, 510, 514, and 516 - The Minor Use and Minor Species Animal Health Act of 2004 (MUMS act) amended the Federal Food, Drug, and Cosmetic Act (the act) to establish new regulatory procedures that provide incentives intended to make more drugs legally available to veterinarians and animal owners for the treatment of minor animal species and uncommon diseases in major animal species. At this time, FDA is issuing final regulations to implement the act. These regulations describe the procedures for designating a new animal drug as a minor use or minor species drug. Such designation establishes eligibility for the incentives provided by the MUMS act. [72 FR 41010]

Animal Drugs, Feeds and Related Products 21 CFR 500-599
Parts 20, 510, 514, and 516 - The Minor Use and Minor Species Animal Health Act of 2004 (MUMS act) amended the Federal Food, Drug, and Cosmetic Act (the act) to establish new regulatory procedures that provide incentives intended to make more drugs legally available to veterinarians and animal owners for the treatment of minor animal species and uncommon diseases in major animal species. At this time, FDA is issuing final regulations to implement the act. These regulations describe the procedures for designating a new animal drug as a minor use or minor species drug. Such designation establishes eligibility for the incentives provided by the MUMS act. [72 FR 41010]

Housing And Urban Development 24 CFR 700-1699
Part 1000 - This final rule extends the due date, by an additional 30 days, for Indian Housing Block Grant (IHBG) recipients to submit annual performance reports (APRs). Through the IHBG program, HUD provides housing assistance to Indian tribes and tribally designated housing entities (TDHEs). Currently, HUD's regulations require IHBG recipients to submit APRs 60 days after the end of the recipient's program year. This rule follows publication of a March 29, 2007, proposed rule and takes into consideration the comments received on the proposed rule. Because all of the comments offered support for extending this deadline by an additional 30 days, HUD adopts the proposed rule without change. [72 FR 41212]

Internal Revenue 26 CFR 1.61-1.169
Parts 1, 31, 54, and 602 - This document promulgates final regulations under section 403(b) of the Internal Revenue Code and under related provisions of sections 402(b), 402(g), 402A, and 414(c). The regulations provide updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries. [72 FR 41128]

Internal Revenue 26 CFR 1.401-1.440
Parts 1, 31, 54, and 602 - This document promulgates final regulations under section 403(b) of the Internal Revenue Code and under related provisions of sections 402(b), 402(g), 402A, and 414(c). The regulations provide updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries. [72 FR 41128]

Internal Revenue 26 CFR 30-39
Parts 1, 31, 54, and 602 - This document promulgates final regulations under section 403(b) of the Internal Revenue Code and under related provisions of sections 402(b), 402(g), 402A, and 414(c). The regulations provide updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries. [72 FR 41128]

Internal Revenue 26 CFR 50-299
Parts 1, 31, 54, and 602 - This document promulgates final regulations under section 403(b) of the Internal Revenue Code and under related provisions of sections 402(b), 402(g), 402A, and 414(c). The regulations provide updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries. [72 FR 41128]

Internal Revenue 26 CFR 300-499
Part 301 - This document contains corrections to temporary regulations (TD 9333) that were published in the Federal Register on Thursday, June 21, 2007 (72 FR 34176) on the suspension of any interest, penalty, addition to tax, or additional amount with respect to listed transactions or undisclosed reportable transactions. The temporary regulations provide guidance to individual taxpayers who have participated in listed transactions or undisclosed reportable transactions. [72 FR 41022]

Internal Revenue 26 CFR 600-END
Parts 1, 31, 54, and 602 - This document promulgates final regulations under section 403(b) of the Internal Revenue Code and under related provisions of sections 402(b), 402(g), 402A, and 414(c). The regulations provide updated guidance on section 403(b) contracts of public schools and tax-exempt organizations described in section 501(c)(3). These regulations will affect sponsors of section 403(b) contracts, administrators, participants, and beneficiaries. [72 FR 41128]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing special local regulations during the "East Coast Boat Racing Club power boat race", a marine event to be held over the waters of the Chesapeake Bay adjacent to Cape Charles, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Chesapeake Bay in the vicinity of Cape Charles Beach, Cape Charles, Virginia during the event. [72 FR 41023]

Air Programs II 40 CFR 70-99
Part 70 - The Environmental Protection Agency is approving a revision to the New Jersey Operating Permit Program related to the permitting of stationary sources subject to title V of the Clean Air Act in the state of New Jersey. The revision consists of amendments to Subchapter 22 of Chapter 27 of Title 7 of the New Jersey Administrative Code, "Operating Permits." The revision was submitted to amend the definition, permit application, and fees sections of the Operating Permit Rule. The changes add clarity to the rule and assure adequate funding for New Jersey's Operating Permit Program. The intended effect of this action is to approve the program revision requested by New Jersey to assure proper implementation of the requirements of title V of the CAA. [72 FR 41025]

Changes to the Federal Register for July 25, 2007

2007-07-26T08:48:00.000-07:00

Administrative Personnel 5 CFR 1200-END
Part 1820 - The U.S. Office of Special Counsel (OSC) is publishing notice of the final rule revising its regulations dealing primarily with the agency's implementation of the Freedom of Information Act (FOIA). The regulation, as revised, will implement provisions of the FOIA, at 5 U.S.C. 552, as amended, update information in the current regulation, and contain new and expanded information about the agency's processing of FOIA requests and appeals. [72 FR 40711]

Conservation Of Power And Water Resources 18 CFR 1-399
Part 40 - The Commission denies rehearing and otherwise reaffirms its determinations in Order No. 693. 72 FR 16,416 (April 4, 2007). We further clarify certain portions of the Preamble to that order. Order No. 693 approved 83 of 107 proposed Reliability Standards, six of the eight proposed regional differences, and the Glossary of Terms Used in Reliability Standards developed by the North American Electric Reliability Corporation, which the Commission has certified as the Electric Reliability Organization (ERO) responsible for developing and enforcing mandatory Reliability Standards. Order No. 693 also required the ERO to submit significant improvements to 56 of the 83 Reliability Standards that are being approved as mandatory and enforceable. Finally, Order No. 693 provided that the remaining 24 Reliability Standards will remain pending at the Commission until further information is provided. Order No. 693 adds a new part to the Commission's regulations, which states that this part applies to all users, owners and operators of the Bulk-Power System within the United States (other than Alaska or Hawaii) and requires that each Reliability Standard identify the subset of users, owners and operators to which that particular Reliability Standard applies. The new regulations also require that each Reliability Standard that is approved by the Commission will be maintained on the ERO's Internet website for public inspection. [72 FR 40717]

Customs Duties 19 CFR 141-199
Part 173 - This document amends title 19 of the Code of Federal Regulations by making technical corrections to §173.3, which provides for voluntary reliquidations. These technical corrections conform §173.3 to 19 U.S.C. 1501, as amended by section 2107 of the Miscellaneous Trade and Technical Corrections Act of 2004, which permits Customs and Border Protection to voluntarily reliquidate entries that are deemed liquidated by operation of law. [72 FR 40737]

Drug Enforcement Administration, National Drug Control Policy 21 CFR 1300-END
Part 1310 - This Interim Rule removes the Controlled Substances Act (CSA) exemptions for chemical mixtures containing ephedrine and/or pseudoephedrine with concentration limits at or below five percent. The Combat Methamphetamine Epidemic Act of 2005 (CMEA) added additional controls on ephedrine and pseudoephedrine and mandated that DEA limit the domestic production and importation of materials containing ephedrine and pseudoephedrine to quantities necessary for medical, scientific and other legitimate purposes (21 U.S.C. 952(a)(1) as amended). DEA is eliminating exemptions for these chemical mixtures. As such, all ephedrine and pseudoephedrine chemical mixtures, regardless of concentration and form, shall be subject to the regulatory provisions of the CSA. [72 FR 40738]

Patents, Trademarks, And Copyrights 37 CFR 1-END
Part 202 - The Copyright Office published in the Federal Register on July 6, 2007, an interim regulation implementing an online copyright registration system. This document makes technical corrections to that interim regulation. [72 FR 40745]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a redesignation request and State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Franklin County nonattainment area ("Franklin County Area" or "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the PADEP submitted SIP revisions consisting of a maintenance plan for the Franklin County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Franklin County Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Franklin County Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan, and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 40746]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Harrisburg-Lebanon-Carlisle ozone nonattainment area ("Harrisburg Area") be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). EPA is approving the ozone redesignation request for the Harrisburg Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for the Harrisburg Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Harrisburg Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Harrisburg Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 40749]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a redesignation request and State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Franklin County nonattainment area ("Franklin County Area" or "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the PADEP submitted SIP revisions consisting of a maintenance plan for the Franklin County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Franklin County Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Franklin County Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan, and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 40746]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Harrisburg-Lebanon-Carlisle ozone nonattainment area ("Harrisburg Area") be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). EPA is approving the ozone redesignation request for the Harrisburg Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for the Harrisburg Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Harrisburg Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Harrisburg Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 40749]

Pesticides Programs 40 CFR 150-189
Part 174 - EPA issued a direct final rule in the Federal Register of April 25, 2007 (72 FR 20431), concerning plant-incorporated protectant tolerance exemptions. On May 9, 2007 EPA issued a final rule revising the tolerance exemption for Bacillus thuringeniensis Vip3Aa19 in cotton. This technical amendment is being issued to clarify the status and the wording of the tolerance exemption for Bacillus thuringeniensis Vip3Aa19 in cotton. [72 FR 40752]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a time-limited tolerance for diflubenzuron and its metabolites p-chlorophenylurea and p-chloroaniline in or on lemon. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on lemon. This regulation establishes a maximum permissible level for combined residues of diflubenzuron and its metabolites p-chlorophenylurea and p-chloroaniline, in this food commodity. The tolerance expires and is revoked on December 31, 2010. [72 FR 40754]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a tolerance for combined residues or residues of penoxsulam (2-(2,2-difluoroethoxy)-N-(5,8-dimethoxy[1,2,4]triazolo[1,5-c]pyrimidin-2-yl)-6-(trifluoromethyl)benzenesulfonamide) in or on fish; fish, shellfish, mollusc; and fish, shellfish, crustacean. Dow AgroSciences LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 40759]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a tolerance for combined residues of Glufosinate-ammonium in or on pistachio. Interregional Research Project No. 4 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 40763]

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 40766]

Telecommunication 47 CFR 70-79
Part 73 - At the parties' request, this document dismisses the petition for reconsideration of the Report and Order in this proceeding. The withdrawal of the petition for reconsideration was filed jointly by Millcreek Broadcasting, LLC, licensee of Stations KNJQ(FM), Manti, Utah, KUUU(FM), South Jordan, Utah, and KUDD(FM), Roy, Utah; Simmons SLC-LS, LLC, licensee of Stations KDWY(FM), Diamondville, Wyoming, KAOX(FM), Kemmerer, Wyoming, and KRAR(FM), Brigham City, Utah; Rocky Mountain Radio Network, Inc., licensee of Station KRMF(FM), Evanston, Wyoming; 3 Point Media--Coalville, LLC, licensee of Station KCUA(FM), Naples, Utah, and College Creek Broadcasting, LLC successful bidder and applicant for four vacant auction allotments. [72 FR 40767]

Telecommunication 47 CFR 80-END
Part 90 - This document addresses petitions for reconsideration filed in response to the Commission's Report and Order relating to the 3650-3700 MHz band (3650 MHz band) proceeding. The Commission affirms its previous decisions to create a spectrum environment that will encourage multiple entrants and stimulate the expansion of broadband service to rural and under served areas. To facilitate rapid deployment in the band, the Commissions maintain the previously adopted, non-exclusive licensing scheme. The clarification and modification will facilitate operation of the widest variety of broadband technologies with minimal risk of interference in both the near and long terms. They should further reduce the potential for co-channel interference, provide additional protections to the multiple users in the band under the current licensing regime, and create incentives for the rapid development of broadly compatible contention technologies. [72 FR 40767]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA. [72 FR 40772]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA. [72 FR 40773]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for pelagic shelf rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of pelagic shelf rockfish in the Western Regulatory Area of the GOA. [72 FR 40773]

Changes to the Federal Register for July 24, 2007

2007-07-25T04:44:00.000-07:00

Administrative Personnel 5 CFR 1200-END
Part 1201 - The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure in this part to reflect the relocation of its Western Regional Office. [72 FR 40215]

Aeronautics And Space 14 CFR 1-59
Part 25 - These special conditions are issued for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The Boeing Model 787-8 airplanes will have a flightdeck bulkhead incorporating ballistic-and intrusion-resistant features. While the regulations include standards for ballistic-and intrusion-resistant flightdeck doors, they do not yet incorporate the same standards for these features in the bulkhead. Therefore, special conditions are needed to address these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes. [72 FR 40215]

Commerce And Foreign Trade 15 CFR 300-799
Part 336 - The Department of Commerce is issuing interim regulations implementing Section 406 of the Tax Relief and Health Care Act of 2006 ("the Act"), which President Bush signed into law on December 20, 2006 (Pub. L. 109-432). Section 406(b)(1) authorizes the Secretary of Commerce to issue licenses to eligible manufacturers under headings 9902.52.08 through 9902.52.19 of the Harmonized Tariff Schedule of the United States, specifying the restrictions under each such license on the quantity of cotton woven fabrics that may be entered each year by or on behalf of the manufacturer. [72 FR 40235]

Drug Enforcement Administration, National Drug Control Policy 21 CFR 1300-END
Part 1310 - On July 2, 2007, the Drug Enforcement Administration (DEA) published a final rule in the Federal Register changing the regulation of iodine under the Controlled Substances Act. Several amendatory instructions amending the Code of Federal Regulations (CFR) to implement this rulemaking were published in error. This correction corrects those errors. [72 FR 40238]

Money And Finance: Treasury 31 CFR 200-END
Chapter V - The Office of Foreign Assets Control ("OFAC") of the Department of the Treasury is amending appendix A to 31 CFR chapter V to (1) reflect the addition or removal from appendix A, since it was last published, of the names of individuals and entities subject to the various economic sanctions programs administered by OFAC, and (2) provide updated identifying and clarifying information for certain individuals and entities included in the appendix. OFAC also is amending the notes to the appendices to 31 CFR chapter V to reflect the revisions to appendix A and changes in the status of several programs. [72 FR 40374]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Third Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-to-navigation position during the marathon. [72 FR 40239]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation allows the new drawbridge to remain closed-to-navigation each day from 10 a.m. to 2 p.m. beginning on July 23, 2007 until and including January 25, 2008, to facilitate testing and commissioning for the new Woodrow Wilson Bridge construction project. [72 FR 40239]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100-yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature. [72 FR 40240]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Biscayne Bay Yacht Racing Association (BBYRA) Full Moon Races, which will temporarily limit the movement of non-participant vessels in Biscayne Bay in Miami, FL. This temporary safety zone is intended to restrict vessels from entering the waters where the event will be held unless specifically authorized by the Captain of the Port, Miami, Florida, or designated representative. This regulation is needed to provide for the safety of life on navigable waters during the event to participants, marine spectators and recreational and professional mariner traffic. [72 FR 40243]

Water Programs 40 CFR 100-149
Parts 122 and 412 - This rule extends certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the U.S. Court of Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. [72 FR 40245]

Effluent Guidelines and Standards; Sewage Sludge 40 CFR 400-699
Parts 122 and 412 - This rule extends certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the U.S. Court of Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. [72 FR 40245]

Motor Carrier Safety 49 CFR 200-399
Part 390 - The FMCSA announces regulatory guidance concerning its definition of "accident." The regulatory guidance is presented in a question-and-answer form. The guidance is generally applicable to drivers, commercial motor vehicles, and motor carrier operations subject to the Federal Motor Carrier Safety Regulations. All prior interpretations and regulatory guidance concerning the term "accident" issued previously in the Federal Register, as well as memoranda and letters, may no longer be relied upon as authoritative if they are inconsistent with the guidance published today. This guidance will provide the motor carrier industry and Federal, State, and local law enforcement officials with uniform information for use in determining whether certain vehicle fires must be recorded on the motor carrier's accident register and considered in applying the Agency's safety fitness procedures. [72 FR 40250]

Transportation 49 CFR 400-999
Part 571 - This final rule establishes specific test procedures for installing child restraints to a child restraint anchorage system, commonly referred to as a "LATCH" system, in a front passenger seating position in vehicles certified to meet advanced air bag requirements through the use of a suppression system or a low risk deployment (LRD) system. The test procedures ensure that the child restraints are installed in a repeatable and reproducible manner. [72 FR 40252]

Transportation 49 CFR 1200-END
Part 1540 - The Transportation Security Administration (TSA) is providing notice that, in accordance with section 530 of Public Law 109-295, TSA will not enforce the prohibition on bringing lighters onboard commercial aircraft. The effect of the new enforcement policy will be to allow passengers to carry a lighter onboard commercial aircraft. This action is being taken to enable Transportation Security Officers (TSOs) to concentrate on more effectively confronting the threat of concealed explosives and improvised explosive devices being brought into the cabin of an aircraft. [72 FR 40262]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS adjusts the 2007 Winter II commercial scup quota and possession limit. This action complies with Framework Adjustment 3 (Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period. [72 FR 40263]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for pelagic shelf rockfish in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of pelagic shelf rockfish in the West Yakutat District of the GOA. [72 FR 40264]

Changes to the Federal Register for July 23, 2007

2007-07-23T08:40:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are amending the Oriental fruit fly regulations by removing the Santa Ana area of Orange County, CA, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from that area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Oriental fruit fly into noninfested areas of the United States. We have determined that the Oriental fruit fly has been eradicated from this portion of Orange County, CA, and that the quarantine and restrictions are no longer necessary. The Santa Ana area of Orange County, CA, was the last remaining area in California quarantined for Oriental fruit fly. Therefore, as a result of this action, there are no longer any areas in the continental United States quarantined for the Oriental fruit fly. [72 FR 40061]

Animals And Animal Products 9 CFR 1-199
Part 78 - We are amending the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Idaho from Class A to Class Free. We have determined that Idaho meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Idaho. [72 FR 40062]

Animals And Animal Products 9 CFR 1-199
Part 91 - We are amending the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of certain cattle being exported to countries that do not require such testing. This action will facilitate the exportation of certain cattle by eliminating the need to conduct pre-export tuberculosis and brucellosis testing when the receiving country does not require such testing. [72 FR 40064]

Aeronautics And Space 14 CFR 1200-END
Parts 1260 and 1274 - This final rule amends NASA regulations by removing from NASA grant officers responsibility for submitting Individual Procurement Action Reports (NF 507) for all grant and cooperative agreement actions. This rule also removes the "Individual Procurement Action Report (NASA Form 507)". [72 FR 40066]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains final regulations under section 1502 that provide the Internal Revenue Service with the authority to designate a domestic member of the consolidated group as a substitute agent to act as the sole agent for the group where a foreign entity is the group's common parent. The final regulations are necessary to clarify and explain the rules governing the designation of an agent for the members of a consolidated group. The regulations affect corporations that join in the filing of a consolidated Federal income tax return where the common parent of the consolidated group is a foreign entity that is treated as a domestic corporation pursuant to section 7874(b) of the Internal Revenue Code (Code) or as the result of a section 953(d) election. [72 FR 40066]

Labor 29 CFR 100-499
Part 100 - The National Labor Relations Board (NLRB) is issuing final regulations concerning the procedures used to collect debts that are owed to the NLRB. These final regulations conform to the legislative changes enacted in the Debt Collection Improvement Act of 1996 (DCIA) and the amended procedures presented in the Federal Claims Collection Standards (FCCS) issued by the Department of the Treasury (Treasury) and the Department of Justice (DOJ). This final action is intended to improve the NLRB's collection of debts owed to the United States. [72 FR 40069]

Occupational Safety and Health Administration 29 CFR 1900-1910; 1990
Part 1910 - OSHA is announcing that the collection of information requirements contained in the Design Safety Standards for Electrical Systems of 29 CFR Part 1910.302 through 1910.308 and 1910.399, Subpart S, have been approved by OMB under the Paperwork Reduction Act of 1995. The OMB approval number is 1218-0256. [72 FR 40073]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during a San Francisco Giants baseball game fireworks display to be held on July 27, 2007. This safety zone is 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 zone without permission of the Captain of the Port or his designated representative. [72 FR 40075]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS is implementing Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-Atlantic Fishery Management Council (Council). The measures of Amendment 14 include a plan to rebuild the scup stock from an overfished condition to the level associated with maximum sustainable yield, as required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action will also allow the regulations concerning the Gear Restricted Areas (GRAs) to be modified through framework adjustments to the FMP. The intended effect of this change is to improve the timing of developing and implementing modifications to the GRAs. [72 FR 40077]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific ocean perch total allowable catch (TAC) in the Western Aleutian District of the BSAI. [72 FR 40080]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting retention of Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). NMFS is requiring that Pacific ocean perch in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2007 total allowable catch (TAC) of Pacific ocean perch in this area has been reached. [72 FR 40081]

Changes to the Federal Register for July 20, 2007

2007-07-23T08:36:00.000-07:00

Grants And Agreements 2 CFR 1-END
Part 2700 - The U.S. Small Business Administration (SBA) is moving its regulations on nonprocurement debarment and suspension from their current location in title 13 of the Code of Federal Regulations (CFR) to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB). This rule establishes a new 2 CFR part 2700 that adopts OMB's final government-wide guidance on nonprocurement debarment and suspension and contains supplemental SBA nonprocurement debarment and suspension provisions. In addition, this rule removes the existing SBA nonprocurement debarment and suspension regulations and makes a conforming change and minor procedural clarifications. These changes constitute an administrative simplification that makes no substantive change in SBA policy or procedures for nonprocurement debarment and suspension. SBA is also amending a provision in its Rules of Procedure Governing Cases Before the Office of Hearings and Appeals (13 CFR 134.102(p)) to update the reference to SBA's nonprocurement debarment and suspension regulations. [72 FR 39727]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 700-899
Parts 800 and 810 - We are revising the United States Standards for Sorghum to amend the definitions of the classes Sorghum, White sorghum, and Tannin sorghum, and to amend the definition of nongrain sorghum. We are amending the grade limits for broken kernels and foreign material (BNFM), and the subfactor foreign material (FM). Additionally, we are inserting a total count limit for other material into the standards and revising the method of certifying test weight (TW). Further, we are changing the inspection plan tolerances for BNFM and FM. These changes will help facilitate the marketing of sorghum. [72 FR 39730]

Nuclear Regulatory Commission 10 CFR 1-199
Part 171 - Correcting Title 10 of the Code of Federal Regulations, Parts 51 to 199, revised as of January 1, 2007. [72 FR 39733]

Business Credit And Assistance 13 CFR 101-END
Parts 134 and 145 - The U.S. Small Business Administration (SBA) is moving its regulations on nonprocurement debarment and suspension from their current location in title 13 of the Code of Federal Regulations (CFR) to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB). This rule establishes a new 2 CFR part 2700 that adopts OMB's final government-wide guidance on nonprocurement debarment and suspension and contains supplemental SBA nonprocurement debarment and suspension provisions. In addition, this rule removes the existing SBA nonprocurement debarment and suspension regulations and makes a conforming change and minor procedural clarifications. These changes constitute an administrative simplification that makes no substantive change in SBA policy or procedures for nonprocurement debarment and suspension. SBA is also amending a provision in its Rules of Procedure Governing Cases Before the Office of Hearings and Appeals (13 CFR 134.102(p)) to update the reference to SBA's nonprocurement debarment and suspension regulations. [72 FR 39727]

Conservation Of Power And Water Resources 18 CFR 1-399
Part 35 - The Federal Energy Regulatory Commission (Commission) is amending its regulations to revise Subpart H to Part 35 of Title 18 of the Code of Federal Regulations governing market-based rates for public utilities pursuant to the Federal Power Act (FPA). The Commission is codifying and, in certain respects, revising its current standards for market-based rates for sales of electric energy, capacity, and ancillary services. The Commission is retaining several of the core elements of its current standards for granting market-based rates and revising them in certain respects. The Commission also adopts a number of reforms to streamline the administration of the market-based rate program. [72 FR 39904]

Housing And Urban Development 24 CFR 200-499
Parts 203 and 206 - This final rule adds: The one-year London Interbank Offered Rate (LIBOR) as an acceptable index for the HUD-insured one-, 3-, 5-, 7-, and 10-year Adjustable Rate Mortgage (ARM) products, and the one-month Constant Maturity Treasury (CMT), the one-month LIBOR, and the one-year (12-month) LIBOR as acceptable indices to adjust interest rates on the HUD-insured Home Equity Conversion Mortgage (HECM). Under current regulations, only the weekly average yield of U.S. Treasury securities, adjusted to a constant maturity of one year (commonly referred to as the one-year CMT), may be used to adjust interest rates on HUD-insured ARMs and HECMs. This final rule follows a June 19, 2006, proposed rule and includes HECMs in response to public comment on the June 19, 2006, proposed rule. [72 FR 40048]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains final regulations under section 1502 concerning the requirements for including insurance companies in a life-nonlife consolidated return. These regulations conform the consolidated return rules to certain changes in law. These regulations affect corporations filing life-nonlife consolidated returns. [72 FR 39734]

Internal Revenue 26 CFR 300-499
Part 301 - This document contains final and temporary regulations relating to the discharge of liens under section 7425 and return of wrongfully levied upon property under section 6343 of the Internal Revenue Code (Code) of 1986. These temporary regulations clarify that such notices and claims should be sent to the IRS official and office specified in the relevant IRS publications. The temporary regulations will affect parties seeking to provide the IRS with notice of a nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. [72 FR 39737]

National Defense 32 CFR 630-699
Part 650 - This action removes 32 CFR part 650, Environmental Protection and Enhancement, published in the Federal Register, December 29, 1977 (42 FR 65026). The rule is being removed because it is now obsolete and does not affect the general public. [72 FR 39740]

Air Programs 40 CFR 1-69
Part 52 - EPA is taking a direct final action to approve a revision to the Louisiana State Implementation Plan (SIP) submitted on September 22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) Sulfur Dioxide (SO2) Trading Program, promulgated on May 12, 2005 and subsequently revised on April 28, 2006. EPA is approving the SIP revision as fully implementing the CAIR SO2 requirements for Louisiana. Therefore, as a consequence of this SIP approval, EPA will also withdraw the CAIR Federal Implementation Plan (CAIR FIP) concerning SO2 emissions for Louisiana. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006 and subsequently revised on December 13, 2006. [72 FR 39741]

Public Health 42 CFR 400-429
Part 402 - This final rule establishes the procedures for imposing exclusions for certain violations of the Medicare program and is based on the procedures that the Office of Inspector General has published for civil money penalties, assessments, and exclusions under their delegated authority. Implementation of this final rule protects beneficiaries from persons (that is, health care providers and entities) found in noncompliance with Medicare regulations, and otherwise improves the safeguard provisions under the Medicare statute. This final rule also establishes procedures that enable a person targeted for exclusion from the Medicare program to request the Centers for Medicare & Medicaid Services to act on its behalf to recommend to the Inspector General that the exclusion from Medicare be waived due to hardship that would be placed on Medicare beneficiaries as a result of the person's exclusion. [72 FR 39746]

Telecommunication 47 CFR 0-19
Parts 0 and 90 - In the Second Memorandum Opinion and Order, the Commission affirms and clarifies various rules governing the 800 MHz band reconfiguration process designed to improve public safety communications. The Second Memorandum Opinion and Order addresses various petitions for reconsideration and clarification asking the Commission to revisit certain decisions in the 800 MHz band reconfiguration proceeding. [72 FR 39756]

Telecommunication 47 CFR 80-END
Parts 0 and 90 - In the Second Memorandum Opinion and Order, the Commission affirms and clarifies various rules governing the 800 MHz band reconfiguration process designed to improve public safety communications. The Second Memorandum Opinion and Order addresses various petitions for reconsideration and clarification asking the Commission to revisit certain decisions in the 800 MHz band reconfiguration proceeding. [72 FR 39756]

Federal Acquisition Regulations System 48 CFR Chapters 7 to 14
Part 970 - This document corrects a final rule (FR document E7-10037), which was published in the Federal Register of Thursday, May 24, 2007 (72 FR 29077), regarding the Acquisition Regulation: Implementation of DOE's Cooperative Audit Strategy for Its Management and Operating Contracts. This correction revises the date of the clause at 48 CFR 970.5203-1. [72 FR 39761]

Changes to the Federal Register for July 19, 2007

2007-07-19T06:20:00.000-07:00

Aeronautics And Space 14 CFR 1-59
Part 23 - These special conditions are issued to Symphony Aircraft Industries, Inc. for a type design change to the SA160 airplane. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of electronic flight instrument system (EFIS) displays (Entegra Avionics Suite) manufactured by Avidyne Corporation for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes. [72 FR 39555]

General Food For Human Consumption 21 CFR 1-199
Part 179 - The Food and Drug Administration (FDA) is responding to objections and is denying the requests that it has received for a hearing on the final rule that amended the food additive regulations to authorize the use of a machine source of high energy x-rays to inspect cargo containers that may contain food. After reviewing the objections to the final rule and the requests for a hearing, the agency has concluded that the objections do not raise issues of material fact that justify a hearing or otherwise provide a basis for revoking or modifying the amendment to the regulation. [72 FR 39557]

Animal Drugs, Feeds and Related Products 21 CFR 500-599
Part 573 - The Food and Drug Administration (FDA) is amending the regulations for food additives permitted (FAP) in feed to provide for the safe use of selenium yeast as a source of supplemental selenium in feed supplements for limit feeding for beef cattle and in salt mineral mixes for free-choice feeding for beef cattle. This action is in response to an amendment of a food additive petition filed by Alltech, Inc. [72 FR 39560]

Pensions, Bonuses, And Veterans' Relief 38 CFR 18-END
Part 21 - This document amends Department of Veterans Affairs (VA) regulations to increase the monthly rates of basic educational assistance payable under the Montgomery GI Bill--Selected Reserve (MGIB-SR) program for fiscal years 2005 and 2006 in accordance with statutory requirements, increase the percentage of basic educational assistance payable to reservists pursuing apprenticeship or other on- the-job training in accordance with the Veterans Benefits Act of 2004, and remove obsolete education break-pay provisions. [72 FR 39562]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a State Implementation Plan (SIP) revision submitted by the State of North Dakota. The revision, adopted by North Dakota on February 1, 2005, to Chapter 33-15-15 of the North Dakota Administrative Code (Prevention of Significant Deterioration of Air Quality), incorporates EPA's December 31, 2002 NSR Reforms. North Dakota submitted the request for approval of these rule revisions into the State Implementation Plan (SIP) on February 10, 2005. North Dakota has a federally-approved Prevention of Significant Deterioration (PSD) program for new and modified sources impacting attainment areas in the State. North Dakota is in attainment for all pollutants, and does not have a SIP-approved non-attainment permit program. This action is being taken under section 110 of the Clean Air Act. [72 FR 39564]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving revisions to the Minnesota State Implementation Plan (SIP) for sulfur dioxide (SO2) submitted on April 23, 2007. Specifically, the revisions involve Continental Nitrogen & Resource Corporation (Continental Nitrogen) of Dakota County, Minnesota. The emission limits for the Continental Nitrogen steam boilers have been removed. Continental Nitrogen has physically disconnected its three boilers. The boilers cannot operate, thus there are no emissions. [72 FR 39566]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving revisions to the Minnesota State Implementation Plan (SIP) for sulfur dioxide (SO2). Specifically, the revisions involve Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. In these revisions, Flint Hills is expanding operations at its petroleum refinery. To account for the increased SO2 emissions from the expansion, Flint Hills is closing its sulfuric acid plant. An analysis of the revisions shows that air quality in the area will be protected after the modifications are made at the facility. Minnesota has also included additional monitoring requirements in the revisions. EPA proposed approval of this revision on April 9, 2007. One comment was received on the proposed rule, but the comment did not involve the proposed revision. The comment is addressed in this action. [72 FR 39568]

Air Programs 40 CFR 1-69
Parts 52 and 81 - On November 15, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of the Indiana portion of the Louisville 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area (Clark and Floyd Counties) to attainment of the 8-hour ozone NAAQS and of an ozone maintenance plan for Clark and Floyd Counties as revisions to the Indiana State Implementation Plan (SIP). On May 8, 2007, EPA proposed to approve this submission and no adverse comments have been received. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that the Indiana portion of the Louisville 8-hour ozone NAAQS has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2003 and 2020. [72 FR 39571]

Air Programs 40 CFR 1-69
Parts 52 and 81 - On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of redesignation of LaPorte County to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In this submittal, IDEM also requested EPA approval of an Indiana State Implementation Plan (SIP) revision containing a plan to maintain the ozone standard in LaPorte County through 2020 and established 2020 motor vehicle Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) emission budgets for LaPorte County. EPA is making a determination that LaPorte County, Indiana has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in LaPorte County. Quality assured monitoring data for 2006 show that the area continues to attain the ozone standard. EPA is approving, as a SIP revision, the State's ozone maintenance plan for LaPorte County. As a result, Indiana has satisfied the criteria for redesignation of LaPorte County to attainment of the 8-hour ozone NAAQS, and EPA is approving Indiana's ozone redesignation request for this area. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for VOC and NOX for the year 2020 that are contained in the 8-hour ozone maintenance plan for this area. [72 FR 39574]

Air Programs 40 CFR 1-69
Parts 52 and 81 - On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of St. Joseph and Elkhart Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and of an ozone maintenance plan for St. Joseph and Elkhart Counties as revisions to the Indiana State Implementation Plan (SIP). On April 18, 2007, EPA proposed to approve this submission. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that St. Joseph and Elkhart Counties have attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year 8-hour ozone maintenance plan for St. Joseph and Elkhart Counties. [72 FR 39577]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - On November 15, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of the Indiana portion of the Louisville 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area (Clark and Floyd Counties) to attainment of the 8-hour ozone NAAQS and of an ozone maintenance plan for Clark and Floyd Counties as revisions to the Indiana State Implementation Plan (SIP). On May 8, 2007, EPA proposed to approve this submission and no adverse comments have been received. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that the Indiana portion of the Louisville 8-hour ozone NAAQS has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2003 and 2020. [72 FR 39571]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of redesignation of LaPorte County to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In this submittal, IDEM also requested EPA approval of an Indiana State Implementation Plan (SIP) revision containing a plan to maintain the ozone standard in LaPorte County through 2020 and established 2020 motor vehicle Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) emission budgets for LaPorte County. EPA is making a determination that LaPorte County, Indiana has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in LaPorte County. Quality assured monitoring data for 2006 show that the area continues to attain the ozone standard. EPA is approving, as a SIP revision, the State's ozone maintenance plan for LaPorte County. As a result, Indiana has satisfied the criteria for redesignation of LaPorte County to attainment of the 8-hour ozone NAAQS, and EPA is approving Indiana's ozone redesignation request for this area. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for VOC and NOX for the year 2020 that are contained in the 8-hour ozone maintenance plan for this area. [72 FR 39574]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of St. Joseph and Elkhart Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and of an ozone maintenance plan for St. Joseph and Elkhart Counties as revisions to the Indiana State Implementation Plan (SIP). On April 18, 2007, EPA proposed to approve this submission. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that St. Joseph and Elkhart Counties have attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year 8-hour ozone maintenance plan for St. Joseph and Elkhart Counties. [72 FR 39577]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS announces that the Closed Area I Scallop Access Area (CAI) will close to general category scallop vessels for the remainder of the 2007 scallop fishing year. This action is based on the determination that 216 general category scallop trips into CAI are projected to be taken as of 0001 hr local time, July 15, 2007. This action is being taken to prevent the allocation of general category trips in CAI from being exceeded during the 2007 fishing year, in accordance with the regulations implementing Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. [72 FR 39580]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting retention of shortraker rockfish in Statistical Area 610 of the Gulf of Alaska (GOA). NMFS is requiring that shortraker rockfish in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2007 total allowable catch (TAC) of shortraker rockfish in this area has been reached. [72 FR 39580]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Greenland turbot total allowable catch (TAC) in the Bering Sea subarea of the BSAI. [72 FR 39581]

Changes to the Federal Register for July 18, 2007

2007-07-18T10:02:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Parts 305, 319, and 352 - We are revising and reorganizing the regulations pertaining to the importation of fruits and vegetables to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, update the regulations that apply to importations into territories under U.S. administration, and make various editorial and nonsubstantive changes to regulations to make them easier to use. We are also making substantive changes to the regulations, including: Establishing criteria that, if met, will allow us to approve certain new fruits and vegetables for importation into the United States and to acknowledge pest-free areas in foreign countries more effectively and expeditiously and doing away with the practice of listing in the regulations specific commodities that may be imported subject to certain types of phytosanitary measures. These changes are intended to simplify and expedite our processes for approving certain new imports and pest-free areas while continuing to allow for full public participation in the processes. This rule revises the structure of the fruits and vegetables import regulations and establishes a new process for approving certain new commodities for importation into the United States. It does not, however, allow the importation of any specific new fruits or vegetables, nor does it alter the conditions for importing currently approved fruits or vegetables except as specifically described in this document. To the extent that our trading partners consider the length of time it takes to conduct the rulemaking process a trade barrier, these changes may facilitate the export of U.S. agricultural commodities by reducing that time for fruits and vegetables that meet this rule's criteria. The changes do not alter the manner in which the risk associated with a commodity import request is evaluated, nor do they alter the manner in which those risks are ultimately mitigated. [72 FR 39482]

Animals And Animal Products 9 CFR 1-199
Parts 71, 77, 78, 79, and 802 - We are adopting as a final rule, with several changes, an interim rule that, among other things, amended the regulations to allow for the use of additional numbering systems for purposes of animal and premises identification. As amended by this document, the rule recognizes additional numbering systems for the identification of animals in interstate commerce and State/Tribe/Federal/industry cooperative disease control and eradication programs. Additionally, the rule amends the regulations to authorize the use of a numbering system to identify premises where animals are managed or held. These regulatory changes are necessary to allow the use, for official purposes, of the new numbering systems in the National Animal Identification System. Use of the new numbering systems is not required by this final rule. [72 FR 39301]

Customs Duties 19 CFR 0-140
Part 123 - Pursuant to section 343(a) of the Trade Act of 2002 and implementing regulations, truck carriers and other eligible parties are required to transmit advance electronic truck cargo information to Customs and Border Protection (CBP) through a CBP-approved electronic data interchange. In a previous document, CBP designated the Automated Commercial Environment (ACE) Truck Manifest System as the approved interchange and announced that the requirement that advance electronic cargo information be transmitted through ACE would be phased in by groups of ports of entry. This document announces that at all land border ports in Maine and Minnesota truck carriers will be required to file electronic manifests through the ACE Truck Manifest System. [72 FR 39312]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains final regulations under section 1502. Section 1.1502-19(d) governs basis determinations and adjustments of subsidiary stock in certain transactions involving members of a consolidated group. Section 1.1502-80(c) governs the determination of when subsidiary stock is treated as worthless under section 165. These final regulations affect affiliated groups of corporations filing consolidated returns. [72 FR 39313]

National Defense 32 CFR 800-END
Part 1900 - On January 8, 2007, the Central Intelligence Agency submitted a proposed rule for public comment on Freedom of Information Act processing fees to the Federal Register. The CIA has reviewed and carefully considered all of the comments that were submitted in response to our proposal. As a result of that review, the CIA hereby issues its final rule on FOIA processing fees. [72 FR 39315]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Lake Ontario, Oswego, NY. This zone is intended to restrict vessels from a portion of Lake Ontario during the Oswego Harborfest Fireworks display on July 28, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 39316]

Pesticides Programs 40 CFR 150-189
Part 180 - In this order, EPA denies objections to an order denying a petition requesting the modification or revocation of the pesticide tolerances for alachlor, chlorothalonil, and metribuzin, established under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA). The petition was filed on December 17, 2004, by the States of New York, California, Connecticut, and Massachusetts. The petitioners claimed that EPA had improperly removed an additional safety factor for the protection of infants and children from the risk assessments for these pesticide tolerances and that inclusion of this safety factor rendered the tolerances unsafe. EPA issued an order denying that petition, in part, on August 2, 2006. On October 2, 2006, New York, Connecticut, and Massachusetts filed objections to EPA's denial order. DATES: This final order is effective July 18, 2007. Supplemental objections, as described in Unit VII.C., may be submitted on or before September 17, 2007, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). [72 FR 39318]

Radiation Protection; Noise Abatement; Ocean Dumping; Solid Wastes 40 CFR 190-299
Parts 260 and 278 - The Environmental Protection Agency (EPA or the Agency) is promulgating mandatory criteria for the environmentally protective use of chat in transportation projects carried out, in whole or in part, with Federal funds. Specifically, chat used in such transportation projects will be safe and environmentally protective if it is used in asphalt concrete, in slurry seals, microsurfacing, or in epoxy seals for anti-skid on bridge decking. Chat used in such transportation projects will also meet EPA's criteria if it is used in Portland cement concrete, flowable fill, stabilized base, chip seals, or as road base providing, on a case-by-case basis, either: Synthetic Precipitation Leaching Procedure (SPLP, EPA SW-846 Method 1312) tests are conducted on the proposed material and the leachate testing results show that concentrations in the leachate do not exceed the Drinking Water Standards for lead and cadmium and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 ug/l; or EPA (or a State environmental Agency, if it chooses to do so) has determined, based on a site-specific risk assessment and after notice and opportunity for public comment, that the releases from the chat mixture in its proposed use will not cause an exceedance of the National Primary Drinking Water Standards for lead and cadmium in potential drinking water sources and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 ug/l in surface water. Furthermore, this rule also establishes a criterion that other uses of chat will be safe and environmentally protective and are acceptable if they are part of, and otherwise authorized by, a State or Federal response action undertaken in accordance with Federal or State environmental laws, with consideration of a site-specific risk assessment. This rule does not require that chat be sized (dry or wet) prior to its use, as long as this rule's criteria are complied with. EPA is also establishing recommended criteria as guidance on the environmentally protective use of chat for non-transportation cement and concrete projects. Finally, the Agency is establishing certification and recordkeeping requirements for all chat, except that under the jurisdiction of the U.S. Department of Interior, Bureau of Indian Affairs (BIA). The chat covered by this rule is from the lead and zinc mining areas of Oklahoma, Kansas and Missouri, known as the Tri-State Mining District. [72 FR 39331]

Changes to the Federal Register for July 17, 2007

2007-07-17T06:14:00.000-07:00

Commerce And Foreign Trade 15 CFR 300-799
Parts 730, 764 and 766 - This rule sets forth BIS policy concerning voluntary self-disclosures of violations of part 760 (Restrictive Trade Practices or Boycotts) of the Export Administration Regulations (EAR) and violations of part 762 (Recordkeeping) of the EAR that relate to part 760. This rule also sets forth the factors that the Bureau of Industry and Security (BIS) considers when deciding whether to pursue administrative charges or settle allegations of such violations as well as the factors that BIS considers when deciding what level of penalty to seek in administrative antiboycott cases. [72 FR 38999]

Commerce And Foreign Trade 15 CFR 300-799
Part 774 - This rule provides clarifying guidance for distinguishing the export and reexport licensing jurisdiction of the U.S. Department of State from that of the U.S. Department of Commerce concerning microelectronic circuits. In this same issue of the Federal Register, the U.S. Department of State is amending the International Traffic in Arms Regulations (ITAR) with respect to radiation-hardened microelectronic circuits in Category XV(d) of the United States Munitions List (USML). The Bureau of Industry and Security (BIS) is publishing this rule to assist readers of the Export Administration Regulations (EAR) in evaluating agency licensing jurisdiction over microelectronic circuits while taking into account the new standard in Category XV(d) of the USML. [72 FR 39009]

Commodity And Securities Exchanges 17 CFR 200-239
Parts 232, 239, 270 and 274 - We are adopting rule amendments to extend the current interactive data voluntary reporting program to enable mutual funds voluntarily to submit supplemental tagged information contained in the risk/return summary section of their prospectuses. A mutual fund choosing to tag its risk/return summary information also would continue to file this information in HTML or ASCII format, as currently required. This extension of the voluntary program is intended to help us evaluate the usefulness to investors, third-party analysts, registrants, the Commission, and the marketplace of data tagging and, in particular, of tagging mutual fund information. [72 FR 39290]

Commodity And Securities Exchanges 17 CFR 240-END
Parts 232, 239, 270 and 274 - We are adopting rule amendments to extend the current interactive data voluntary reporting program to enable mutual funds voluntarily to submit supplemental tagged information contained in the risk/return summary section of their prospectuses. A mutual fund choosing to tag its risk/return summary information also would continue to file this information in HTML or ASCII format, as currently required. This extension of the voluntary program is intended to help us evaluate the usefulness to investors, third-party analysts, registrants, the Commission, and the marketplace of data tagging and, in particular, of tagging mutual fund information. [72 FR 39290]

Foreign Relations 22 CFR 1-299
Part 121 - We are adopting rule amendments to extend the current interactive data voluntary reporting program to enable mutual funds voluntarily to submit supplemental tagged information contained in the risk/return summary section of their prospectuses. A mutual fund choosing to tag its risk/return summary information also would continue to file this information in HTML or ASCII format, as currently required. This extension of the voluntary program is intended to help us evaluate the usefulness to investors, third-party analysts, registrants, the Commission, and the marketplace of data tagging and, in particular, of tagging mutual fund information. [72 FR 39010]

Internal Revenue 26 CFR 1.301-1.400
Part 1 - Correcting rule document E7-11148 beginning on page 32794 in the Federal Register issue of Thursday, June 14, 2007. [72 FR 39138]

Internal Revenue 26 CFR 1.1401-END
Part 1 - Correcting rule document E7-11148 beginning on page 32794 in the Federal Register issue of Thursday, June 14, 2007. [72 FR 39138]

Postal Service 39 CFR 1-END
Parts 230, 233, 273 - The Postal Service is revising portions of title 39, Code of Federal Regulations, to clarify the division of investigatory responsibilities between the Office of the Inspector General of the Postal Service and the Postal Inspection Service. [72 FR 39011]

Public Health 42 CFR 430-END
Part 447 - This final rule with comment period will implement the provisions of the Deficit Reduction Act of 2005 (DRA) pertaining to prescription drugs under the Medicaid Program. The DRA requires the Secretary of HHS to promulgate a final regulation no later than July 1, 2007. In addition, we are adding to existing regulations certain established Medicaid rebate policies that are currently set forth in CMS guidance. This rule will bring together existing and new regulatory requirements in one, cohesive subpart. [72 FR 39142]

Pipeline Safety 49 CFR 190-199
Parts 192 and 195 - This action modifies the integrity management regulations for hazardous liquid and natural gas transmission pipelines. The modifications include adding an eight-month window to the period for reassessing hazardous liquid pipelines; modifying notification requirements for operators of hazardous liquid and natural gas pipelines; repealing a requirement for gas operators to notify local authorities; and allowing alternatives in calculating pressure reduction when making an immediate repair on a hazardous liquid pipeline. This action is intended to improve pipeline safety by clarifying the integrity management regulations and providing operators with increased flexibility in implementing their integrity management (IM) programs. [72 FR 39012]

Wildlife And Fisheries 50 CFR 1-199
Part 17 - We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Peck's cave amphipod (Stygobromus pecki), Comal Springs dryopid beetle (Stygoparnus comalensis), and Comal Springs riffle beetle (Heterelmis comalensis) in areas of occupied, spring-related aquatic habitat in Texas under the Endangered Species Act of 1973, as amended (Act). The three listed species are known only from four spring systems in central Texas: Comal Springs and Hueco Springs in Comal County, and Fern Bank Springs and San Marcos Springs in Hays County. The total area designated as critical habitat for the amphipod is about 38.5 acres (ac) (15.6 hectares (ha)), for the dryopid beetle it is about 39.5 ac (16.0 ha), and for the riffle beetle it is about 30.3 ac (12.3 ha). [72 FR 39248]

Changes to the Federal Register for July 16, 2007

2007-07-17T06:07:00.000-07:00

Homeland Security 6 CFR
Part 5 - On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change. [72 FR 38749]

Homeland Security 6 CFR
Part 5 - The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a new system of records entitled the Redress and Response Records System from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Redress and Response Records System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. [72 FR 38750]

Banks And Banking 12 CFR 1-199
Part 26 - On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change. [72 FR 38753]

Banks And Banking 12 CFR 200-219
Part 212 - On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change. [72 FR 38753]

Banks And Banking 12 CFR 300-499
Part 348 - On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change. [72 FR 38753]

Banks And Banking 12 CFR 500-599
Part 563f - On July 27, 2006 the Department of Homeland Security published a notice of proposed rulemaking to exempt portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. No comments were received so this final rule adopts the proposed rule of July 27, 2006, without change. [72 FR 38753]

Conservation Of Power And Water Resources 18 CFR 1-399
Parts 38 and 284 - The Federal Energy Regulatory Commission (Commission) is amending its open access regulations governing standards for business practices and electronic communications with interstate natural gas pipelines and public utilities. The Commission is incorporating by reference certain standards promulgated by the Wholesale Gas Quadrant (WGQ) and the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB). Through this rulemaking, the Commission is seeking to improve coordination between the gas and electric industries in order to improve communications about scheduling of gas-fired generators. [72 FR 38757]

Internal Revenue 26 CFR 1.1001-1.1400
Parts 1 and 602 - This document contains final and temporary regulations that provide guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. The temporary regulations implement the amendments to section 1397E of the Internal Revenue Code (Code) (discussed in this preamble) and provide guidance on the maximum term, permissible use of proceeds, and remedial actions for qualified zone academy bonds. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. The portions of this rule that are final regulations provide necessary cross-references to the temporary regulations. [72 FR 38767]

Internal Revenue 26 CFR 600-END
Parts 1 and 602 - This document contains final and temporary regulations that provide guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. The temporary regulations implement the amendments to section 1397E of the Internal Revenue Code (Code) (discussed in this preamble) and provide guidance on the maximum term, permissible use of proceeds, and remedial actions for qualified zone academy bonds. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. The portions of this rule that are final regulations provide necessary cross-references to the temporary regulations. [72 FR 38767]

Labor 29 CFR 100-499
Part 102 - The National Labor Relations Board (NLRB) issues a final rule exempting three systems of records and portions of four other systems of records from certain provisions of the Privacy Act of 1974, 5 U.S.C. 552a, pursuant to Section (k)(2) of that Act, 5 U.S.C. 552a(k)(2), and amending existing Privacy Act regulations for clarity.[72 FR 38778]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing temporary special local regulations for the "SBIP--Fountain Powerboats Kilo Run and Super Boat Grand Prix", a marine event to be held August 3 and August 5, 2007, on the waters of the Pamlico River, near Washington, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Pamlico River during the event. [72 FR 38783]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Lake Michigan near Charlevoix, MI. This zone is intended to restrict vessels from a portion of Lake Michigan during the Charlevoix Venetian Night Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 38785]

Air Programs 40 CFR 1-69
Parts 51 and 52 - This action finalizes changes to EPA's regulations specifying the public hearing requirements for State Implementation Plan (SIP) submissions, identifying the method for submission of SIPs and preliminary review of plans; and the criteria for determining the completeness of plan submission requirements to reflect the changes to the public hearing and plan submission requirements. It also updates the addresses to several Regional offices. [72 FR 38787]

Air Programs 40 CFR 1-69
Part 63 - EPA is issuing six national emissions standards for hazardous air pollutants for seven area source categories. The final emissions standards and associated requirements for two area source categories (Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication) are combined in one subpart. These final rules include emission standards that reflect the generally available control technologies or management practices in each of these area source categories. [72 FR 38864]

Air Programs 40 CFR 1-69
Part 52 - EPA is updating the materials submitted by Virginia that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Virginia Department of Environmental Quality (DEQ) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office. [72 FR 38920]

Telecommunication 47 CFR 20-39
Part 22 - In this document, the Commission denies a petition for rulemaking seeking a two-year extension, until February 18, 2010, of the requirement that all cellular licensees provide analog service to subscribers and roamers whose equipment conforms to the Advanced Mobile Phone Service standard. It also adopts related measures to ensure the continuity of wireless coverage to affected consumers following sunset of the analog service requirement and to ensure that interested parties are fully informed of the sunset. [72 FR 38793]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch in the West Yakutat District of the GOA. [72 FR 38794]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in a specified area of the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to limit incidental catch of rougheye rockfish and prevent overfishing of rougheye rockfish in the BSAI. [72 FR 38795]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific ocean perch total allowable catch (TAC) in the Central Aleutian District of the BSAI. [72 FR 38796]

Changes to the Federal Register for July 13, 2007

2007-07-17T05:58:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 924 - This rule decreases the assessment rate established for the Washington-Oregon Fresh Prune Marketing Committee (Committee) for the 2007-2008 and subsequent fiscal periods from $1.75 to $1.00 per ton of prunes handled. The Committee locally administers the marketing order, which regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon. Assessments upon fresh prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. [72 FR 38463]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 928 - This final rule terminates the Federal marketing order (order) for papayas grown in Hawaii, and the rules and regulations established under the order. The Department of Agriculture (USDA) previously determined the order should be terminated due to the results of a referendum in which growers indicated a lack of support for the continuation of the order. However, USDA postponed the termination until licensing agreements regarding development and use of transgenic papaya varieties could be resolved. Sufficient time has elapsed for the industry to resolve any outstanding licensing issues. Therefore, USDA is proceeding with the termination of the order. [72 FR 38465]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Part 1214 - The Agricultural Marketing Service (AMS) is removing from the Code of Federal Regulations (CFR) its procedural regulations regarding the Kiwifruit Research, Promotion, and Consumer Information Order (Order), a program never implemented. [72 FR 38467]

Animals And Animal Products 9 CFR 200-END
Parts 331 and 381 - The Food Safety and Inspection Service (FSIS) is announcing that it is designating the State of New Mexico as a State to receive Federal inspection with respect to operations and transactions involving meat and poultry products within the State because representatives of the State have requested such designation. In response to the State's request, FSIS will assume responsibility for the meat and poultry inspection programs in the State of New Mexico on August 13, 2007. Therefore, FSIS is amending the Federal meat and poultry products inspection regulations by adding New Mexico to the list of designated States. [72 FR 38467]

Animals And Animal Products 9 CFR 200-END
Parts 309, 310, and 318 - The Food Safety and Inspection Service (FSIS) is affirming, with changes, the interim final rule "Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Cattle," which was published in the Federal Register on January 12, 2004. The Agency is also affirming the interim final rule "Prohibition of the Use of Certain Stunning Devices Used to Immobilize Cattle During Slaughter," also published on January 12, 2004. FSIS issued these interim final rules in response to the confirmation on December 23, 2003, of bovine spongiform encephalopathy (BSE) in an imported dairy cow in Washington State. FSIS is taking this action to make permanent interim measures implemented by the Agency to minimize human exposure to cattle materials that could potentially contain the BSE agent. [72 FR 38700]

Nuclear Regulatory Commission 10 CFR 0-199
Part 72 - The Nuclear Regulatory Commission (NRC) is confirming the effective date of July 24, 2007, for the direct final rule that was published in the Federal Register on May 10, 2007 (72 FR 26535). This direct final rule amended the NRC's regulations to revise the NAC-MPC cask system listing to include Amendment No. 5 to Certificate of Compliance (CoC) No. 1025. [72 FR 38468]

Customs Duties 19 CFR 0-140
Part 12 - This document amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on Pre-Classical and Classical Archaeological Objects and Byzantine Ecclesiastical and Ritual Ethnological Material from Cyprus which were imposed by Treasury Decision (T.D.) 02-37 and CBP Dec. 06-22. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This document also contains the Designated List of Archaeological Objects and Ethnological Material that describes the articles to which the restrictions apply. Note that one subcategory, Coins of Cypriot Types, has been added to the category entitled Metal. [72 FR 38470]

Internal Revenue 26 CFR 1.401-1.440
Part 1 - This document contains corrections to final regulations that were published in the Federal Register on Tuesday, April 17, 2007 (73 FR 19234), relating to section 409A. [72 FR 38477]

Internal Revenue 26 CFR 1.908-1.1000
Part 1 - This document contains final regulations providing guidance under subpart F relating to partnerships. The final regulations add rules for determining whether a controlled foreign corporation's (CFC's) distributive share of partnership income is excluded from foreign personal holding company income under the exception contained in section 954(i). These regulations will affect CFCs that are qualified insurance companies, as defined in section 953(e)(3), that have an interest in a partnership and U.S. shareholders of such CFCs. [72 FR 38474]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains final regulations that provide guidance under sections 6038 and 6038A of the Internal Revenue Code (Code). The final regulations clarify the information required to be furnished regarding certain related party transactions of certain foreign corporations and certain foreign-owned domestic corporations. The final regulations also increase the amount of certain penalties, and make certain other changes, to reflect the statutory changes made by the Taxpayer Relief Act of 1997. [72 FR 38475]

Internal Revenue 26 CFR 30-39
Part 31 - This document contains final regulations providing guidance under section 3402(f) of the Internal Revenue Code (Code) for employers and employees relating to the Form W-4, "Employee's Withholding Allowance Certificate." The regulations provide rules for income tax withholding when the IRS notifies the employer and the employee of the maximum number of withholding exemptions permitted. The regulations also provide rules for the use of substitute forms and preserve the IRS's ability to require the submission of certain copies of withholding exemption certificates. The regulations primarily affect taxpayers who are employers and employees. [72 FR 38478]

Labor 29 CFR 100-499
Part 404 - The Employment Standards Administration's Office of Labor-Management Standards ("OLMS") of the Department of Labor is correcting a final rule that appeared in the Federal Register of July 2, 2007, (72 FR 36106). That document revised the Form LM-30, Labor Organization Officer and Employee Report, its instructions, and related provisions in the Department's regulations. In that document, the effective date of the final rule (August 16, 2007) was omitted from one paragraph in the preamble and the beginning date for the mandatory submission of Form LM-30 reports filed under the final rule (November 16, 2008) was inadvertently omitted from the same paragraph. This document corrects those omissions. [72 FR 38484]

Labor 29 CFR 1927-END
Parts 4022 and 4044 - The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in August 2007. Interest assumptions are also published on the PBGC's Web site (http://www.pbgc.gov). [72 FR 38484]

Navigation And Navigable Waters 33 CFR 1-124
Part 105 - The Department of Homeland Security (DHS), through the United States Coast Guard (Coast Guard), issues this final rule to extend compliance dates for the redesignation of secure areas. The Coast Guard is delaying the date by which facilities wishing to redefine their secure areas must submit an amendment to their facility security plan. Amendments to facility security plans are now due by September 4, 2007. [72 FR 38486]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard will enforce the Milwaukee Harbor Safety Zone in Milwaukee Harbor during June through September 2007. This action is necessary to protect vessels and people from the hazards associated with fireworks displays. This safety zone will restrict vessel traffic from a portion of the Captain of the Port Lake Michigan Zone. [72 FR 38488]

Public Health 42 CFR 430-END
Parts 435, 436, 440, 441, 457, and 483 - This final rule amends Medicaid regulations to implement the provision of the Deficit Reduction Act that requires States to obtain satisfactory documentary evidence of an applicant's or recipient's citizenship and identity in order to receive Federal financial participation. It also incorporates changes made to these requirements through section 405(c)(1)(A) of Division B of the Tax Relief and Health Care Act (TRHCA), Pub. L. 109-432, enacted December 20, 2006. This regulation provides States with guidance on the types of documentary evidence that may be accepted, including alternative forms of documentary evidence in addition to those described in the statute and the conditions under which this documentary evidence can be accepted to establish the applicant's citizenship. [72 FR 38662]

Emergency Management And Assistance 44 CFR 0-499
Part 65 - This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. [72 FR 38488]

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 38492]

Changes to the Federal Register for July 12, 2007

2007-07-17T05:55:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 922 - The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending the container regulations prescribed under the Washington apricot marketing order. This rule continues in effect the action that indefinitely extended the temporary 2006 season container regulation suspension. The marketing order regulates the handling of fresh apricots grown in designated counties in the State of Washington, and is administered locally by the Washington Apricot Marketing Committee (Committee). This relaxation in the regulatory requirements allows handlers to pack and ship apricots in any size, shape, or type of container, thus providing the apricot industry with increased marketing flexibility. [72 FR 37991]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 959 - The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule exempting onions being shipped to export markets from regulations prescribed under the South Texas onion marketing order. The marketing order regulates the handling of onions grown in South Texas, and is administered locally by the South Texas Onion Committee (Committee). This rule continues in effect the action that provides a special purpose shipment exemption for onions being shipped to export markets. Under this change, onion shipments for export will continue to be exempt from the grade, size, quality, and inspection requirements of the marketing order. [72 FR 37993]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Part 1220 - This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Soybean Promotion, Research, and Consumer Information Program under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA). Based upon its review, AMS has determined that the Soybean Research and Promotion Order (Order) should be continued without change. [72 FR 37995]

Commerce And Foreign Trade 15 CFR 300-799
Part 744 - The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add five (5) entities located in Iran to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements. [72 FR 38008]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Onondaga Lake, Liverpool, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with a Power Boat Race. This safety zone restricts vessel traffic from a portion of Onondaga Lake, Liverpool, NY. [72 FR 38010]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Lake Huron, Mackinaw City, MI. This zone is intended to restrict vessels from a portion of Lake Huron during the Mackinac Bridge 50th Anniversary Celebration July 28, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 38012]

Navigation And Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on Lake Huron, St. Ignace, MI. This zone is intended to restrict vessels from a portion of Lake Huron during the Mackinac Bridge 50th Anniversary Celebration July 28, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 38015]

Transportation 49 CFR 400-999
Part 571 - This document responds in part to petitions for reconsideration of our statutorily-mandated rulemaking establishing a new Federal motor vehicle safety standard (FMVSS) requiring installation in new light vehicles of a tire pressure monitoring system (TPMS) capable of detecting when one or more of a vehicle's tires is significantly under-inflated. We established the standard in a final rule published in April 2005. We responded to petitions for reconsideration of that final rule in a final rule published in September 2005. This final rule responds to the petition for reconsideration of our September 2005 final rule submitted by the Alliance of Automobile Manufacturers, which raised a number of technical issues pertaining to the combined low tire pressure/TPMS malfunction indicator lamp. (The agency will respond subsequently in a separate notice to a second petition for reconsideration submitted by ETV Corporation Pty Limited.) We are granting the Alliance's petition, and through this document, we are amending the standard accordingly. We anticipate that today's amendments, which are of a minor technical nature, will not necessitate redesign of current TPMSs nor appreciably change the costs of compliance with the safety standard. [72 FR 38017]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS restores 18,142 lb (8.23 mt) of unused research set-aside (RSA) to the 2007 black sea bass TAL and 151,235 lb (68.60 mt) of unused RSA to the Loligo squid IOY, and makes corresponding adjustments to the 2007 black sea bass commercial quota, the 2007 black sea bass recreational harvest limit, and the 2007 Loligo squid commercial Trimester II and III quotas. The adjustments are intended to return unallocated RSA quotas to the respective fisheries. [72 FR 38025]

Changes to the Federal Register for July 11, 2007

2007-07-11T07:24:00.000-07:00

Judicial Administration 28 CFR 43-END
Part 552 - This document adopts as final a Bureau of Prisons (Bureau) proposed rule on searches of inmates, housing units, and inmate work areas with respect to the use of electronic devices. This document also withdraws the Bureau's proposal to amend its rules on searches of non-inmates, which will be incorporated into a new and separate proposed rule. We intend this change to provide for the continued efficient and secure operation of the institution and prevent the introduction of contraband into Bureau institutions. [72 FR 37630]

Air Programs 40 CFR 1-69
Part 62 - EPA is notifying the public that it has received negative declarations for other solid waste incinerator (OSWI) units from the States of Delaware, and West Virginia. These negative declarations certify that OSWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist within the jurisdictional boundaries of these air pollution control agencies. [72 FR 37632]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for combined residues of indoxacarb and its R-enantiomer in or on cranberry; fruit, pome, except pear, group 11; fruit, stone, group 12; grape; grape, raisin; okra; pea, southern, seed; pear, oriental; peppermint, tops; spearmint, tops; turnip greens; vegetable, Brassica, leafy, group 5; vegetable, cucurbit, group 9; vegetable, leafy, except Brassica, group 4; and vegetable, tuberous and corm, subgroup 1-C. E.I. du Pont de Nemours and Company and the Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also removes existing tolerances on apple; Brassica, head and stem, subgroup 5A; lettuce, head; lettuce, leaf; and potato, which are superseded by the new tolerances; and removes expired time-limited tolerances on cherry, sweet; cherry, tart; peach; and collards; and the time-limited tolerance on cranberry (set to expire December 31, 2007), which are no longer needed as a result of this action. Finally, this regulation corrects a typographical error in the spelling of the word "enantiomer" in the tolerance expression for indoxacarb given in 40 CFR 180.564(a)(1). [72 FR 37633]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for residues of cymoxanil in or on grape, hop, and caneberry. The Interregional Research Project (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 37641]

Pesticides Programs 40 CFR 150-189
Part 180 - EPA is revoking certain tolerances for the herbicides linuron and pebulate and the fungicide thiophanate-methyl. Also, EPA is modifying certain tolerances for the herbicides chlorpropham, linuron, asulam and the fungicide thiophanate-methyl. In addition, EPA is establishing new tolerances for the herbicides chlorpropham, linuron, asulam and the fungicide thiophanate-methyl. The regulatory actions in this document are part of the Agency's reregistration program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. [72 FR 37646]

Telecommunication 47 CFR 0-19
Part 12 - In this document, the Federal Communications Commission (Commission or FCC) directs the Public Safety and Homeland Security (PSHSB) to implement several of the recommendations made by the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks (Katrina Panel). The Commission also adopts rules requiring some communications providers to have emergency/back-up power and to conduct analyses and submit reports on the redundancy and resiliency of their 911 and E911 networks. Finally, the Commission extended limited regulatory relief from Section 272 of the Communications Act of 1934, as amended, accorded last year by the Wireline Competition Bureau (WCB). [72 FR 37655]

Telecommunication 47 CFR 70-79
Part 73 - The respective Counterproposals in these two proceedings set forth mutually exclusive proposals at Llano, Texas. Therefore, it was necessary to consolidate MB Docket No. 05-112 and MB Docket No. 05-151. In response to the Counterproposal filed by Munbilla Broadcasting Properties, Ltd., this document allots Channel 297A to Goldthwaite, Texas, as a first local service. The reference coordinates for the Channel 297A allotment at Goldthwaite, Texas, are 31-30-00 and 98-42-23. With this action, both MB Docket No. 05-112 and MB Docket No. 05-151 are terminated. [72 FR 37673]

Telecommunication 47 CFR 70-79
Part 73 - The staff grants a counterproposal filed by Michael Birdsill to allot Channel 221A to Cottonwood, California, as a first local aural service, and a counterproposal filed by Educational Media Foundation to allot Channel 224A to Shasta Lake, California, as a third local service. It denies rulemaking petitions filed by Linda Davidson and Paul Barth to allot Channel 221A to Redding, California, as a tenth local service, and a counterproposal filed by Wild Thing Broadcasters to allot Channel 221C3 at Cottonwood. With this action, the proceeding is terminated. [72 FR 37674]

Wildlife And Fisheries 50 CFR 200-599
Part 229 - The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 3,370 nm2 (11,559 km2), east of Chatham, Massachusetts, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). [72 FR 37674]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS announces that the Nantucket Lightship Scallop Access Area (NLCA) will close to general category scallop vessels for the remainder of the 2007 scallop fishing year. This action is based on the determination that 394 general category scallop trips into the NLCA are projected to be taken as of 0001 hr local time, July 8, 2007. This action is being taken to prevent the allocation of general category trips in the NLCA from being exceeded during the 2007 fishing year, in accordance with the regulations implementing Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. [72 FR 37676]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for Pacific ocean perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific ocean perch total allowable catch (TAC) in the Eastern Aleutian District of the BSAI. [72 FR 37677]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS issues this final rule for the Central Gulf of Alaska (GOA) rockfish fisheries to revise monitoring and enforcement (M&E) provisions related to catcher/processor vessels harvesting under the opt-out fishery, and to make changes to regulations governing the rockfish fisheries. This action is necessary to clarify procedures and to correct discrepancies in a November 20, 2006, final rule. This final rule is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law. [72 FR 37678]

Changes to the Federal Register for June 29, 2007

2007-06-29T06:43:00.000-07:00

Conservation Of Power And Water Resources 18 CFR 1-399
Part 292 - In this order on rehearing, the Federal Energy Regulatory Commission (Commission) denies rehearing on most major issues decided in Order No. 688, which amended its regulations governing small power production and cogeneration in response to section 1253 of the Energy Policy Act of 2005 (EPAct 2005), which added section 210(m) to the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission also clarifies certain aspects of the rule and adopts some additional filing requirements. [72 FR 35874]

Customs Duties 19 CFR 0-140
Parts 10, 162, 163, and 178 - This document amends U.S. Customs and Border Protection ("CBP") regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement entered into by the United States and the Kingdom of Morocco. [72 FR 35647]

Customs Duties 19 CFR 141-199
Parts 10, 162, 163, and 178 - This document amends U.S. Customs and Border Protection ("CBP") regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement entered into by the United States and the Kingdom of Morocco. [72 FR 35647]

Employees' Benefits 20 CFR 500-END
Part 641 - The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Interim Final Rule establishing new performance accountability measures for the Senior Community Service Employment Program (SCSEP). New measures are necessary due to the 2006 Amendments to Title V of the Older Americans Act. Specifically, this rule amends 20 CFR part 641 Subpart G--Performance Accountability and corresponding definitions found in Subpart A--Purpose and Definitions. This notice also solicits public comment on this Interim Final Rule which the Department will consider when it issues a Final Rule. [72 FR 35832]

Internal Revenue 26 CFR 1.301-1.400
Part 1 - This document contains a correction to final regulations (TD 9329) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. [72 FR 35658]

Internal Revenue 26 CFR 1.1001-1.1400
Part 1 - This document contains a correction to final regulations (TD 9329) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. [72 FR 35658]

Internal Revenue 26 CFR 1.1401-END
Part 1 - This document contains a correction to final regulations (TD 9329) that were published in the Federal Register on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. [72 FR 35658]

Mine Safety Administration 30 CFR 1-199
Part 3 - This technical amendment updates MSHA's listing of Office of Management and Budget (OMB) control numbers for the Agency's standards and regulations. MSHA is prohibited from conducting a collection of information unless the Agency displays a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995. [72 FR 35659]

Pensions, Bonuses, And Veterans' Relief 38 CFR 18-END
Part 21 - The Department of Veterans Affairs (VA) published a document in the Federal Register on April 5, 2007 (72 FR 16962), amending the regulations governing various aspects of the education programs that VA administers. That document contained several technical errors: reference to two subparts that were not specifically identified, incorrect words used to identify the individuals eligible for a particular program of educational assistance, and incorrect references when citing to other provisions of VA's regulations. This document corrects those errors. [72 FR 35661]

Postal Service 39 CFR 1-END
Part 955 - The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals. [72 FR 35662]

Air Programs 40 CFR 1-69
Part 51 - Correcting Title 40 of the Code of Federal Regulations, Parts 50 to 51, revised as of July 1, 2006. [72 FR 35663]

Air Programs 40 CFR 1-69
Part 63 - Correcting Title 40 of the Code of Federal Regulations, Part 63 (§§63.600 to 63.1199), revised as of July 1, 2006. [72 FR 35663]

Pesticides Programs 40 CFR 150-189
Part 170 - Correcting Title 40 of the Code of Federal Regulations, Parts 150 to 189, revised as of July 1, 2006. [72 FR 35663]

Pesticides Programs 40 CFR 150-189
Part 180 - This document removes duplicate entries in terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms. [72 FR 35663]

Radiation Protection; Noise Abatement; Ocean Dumping; Solid Wastes 40 CFR 190-299
Part 273 - Correcting Title 40 of the Code of Federal Regulations, Parts 266 to 299, revised as of July 1, 2006. [72 FR 35666]

Federal Acquisition Regulations System 48 CFR Chapters 15 to 28
Part 1816 - This final rule makes administrative changes to the NASA FAR Supplement (NFS) to clarify the requirements for award fee evaluation factors and to add a requirement for a documented cost/benefit analysis when an award fee contract is used. [72 FR 35666]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries. [72 FR 35667]

Changes to the Federal Register for June 28, 2007

2007-06-28T11:56:00.000-07:00

Grants And Agreements 2 CFR 1-END
Part 376 - The Department of Health and Human Services ("HHS" or the "Department") adopted, by an interim final rule, the Office of Management and Budget (OMB) guidance at 2 CFR part 180 on nonprocurement debarment and suspension including some provisions specific to HHS. Public comment on this action was solicited in a Federal Register notice dated March 1, 2007. No comments were received; therefore, the Department makes no changes to its interim final rule and it remains in effect as of March 1, 2007. Pursuant to the requirements in OMB guidance, HHS makes final the following regulatory actions: Removes its existing regulation on nonprocurement debarment at 45 CFR part 76, establishes a new part 376 in title 2 Code of Federal Regulations (CFR) adopting OMB's guidance and adding provisions specific to HHS, and revises the reference in 45 CFR 74.13 to reflect the new citation to 2 CFR part 376. [72 FR 35349]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Westport PAL Fireworks in Westport, CT. 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 35350]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Lawrence Beach Club Fireworks, Atlantic Beach, 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 effective period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 35352]

Air Programs 40 CFR 1-69
Parts 51, 52, 72, 73, 74, 78, 96, and 97 - The EPA is providing notice that it has responded to 4 petitions for reconsideration of a final rule published in the Federal Register on April 28, 2006. The rule promulgated Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to a petition from North Carolina that was submitted under section 126 of the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to publishing the rule, EPA received 4 petitions for reconsideration from ARRIPA (dated June 26, 2006), Colver Power Project (dated June 27, 2006), the State of North Carolina (dated June 26, 2006), and Southern Environmental Law Center (on behalf of Southern Environmental Law Center, Sierra Club, and Environment North Carolina) (dated June 27, 2006). The EPA considered the petitions and supporting information along with information contained in the rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners dated February 27, 2007 to ARRIPA and to Colver Power Project and dated May 7, 2007 to Southern Environmental Law Center and to the State of North Carolina. The letters explain EPA's reasons for the denials. [72 FR 35354]

Air Programs 40 CFR 1-69
Part 52 - Due to an adverse comment, EPA is withdrawing the direct final rule published May 25, 2007 (72 FR 29273), approving a revision to the State Implementation Plan of the State of Florida. This revision grants full approval to implement the State's Clean Air Act Prevention of Significant Deterioration program for electric power plants subject to the Florida Electrical Power Plant Siting Act. EPA stated in the direct final rule that if EPA received an adverse comment by June 25, 2007, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment in a subsequent action. [72 FR 35355]

Air Programs II 40 CFR 70-99
Parts 51, 52, 72, 73, 74, 78, 96, and 97 - The EPA is providing notice that it has responded to 4 petitions for reconsideration of a final rule published in the Federal Register on April 28, 2006. The rule promulgated Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to a petition from North Carolina that was submitted under section 126 of the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to publishing the rule, EPA received 4 petitions for reconsideration from ARRIPA (dated June 26, 2006), Colver Power Project (dated June 27, 2006), the State of North Carolina (dated June 26, 2006), and Southern Environmental Law Center (on behalf of Southern Environmental Law Center, Sierra Club, and Environment North Carolina) (dated June 27, 2006). The EPA considered the petitions and supporting information along with information contained in the rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners dated February 27, 2007 to ARRIPA and to Colver Power Project and dated May 7, 2007 to Southern Environmental Law Center and to the State of North Carolina. The letters explain EPA's reasons for the denials. [72 FR 35354]

Air Programs II 40 CFR 70-99
Part 81 - The EPA is taking final action to extend the deferral of the effective date of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) designation for the Denver Early Action Compact (EAC) from July 1, 2007 to September 14, 2007. The EAC areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) requires. On November 29, 2006, EPA extended the deferred effective date for the Denver EAC area from December 31, 2006, to July 1, 2007. In that final rulemaking, EPA noted that there were issues with Denver's EAC that would need to be addressed before EPA would extend their deferral until April 15, 2008. The action extending the deferral to July 2007 was challenged, and the parties are discussing settlement. EPA is now issuing a short further deferral to preserve the status quo as settlement discussion take place. EPA is issuing at this time a short further deferral of the effective date of Denver's designation for the 8-hour ozone standard from July 1, 2007 to September 14, 2007. [72 FR 35356]

Superfund; Emergency Planning; Community Right-to-Know Programs 40 CFR 300-399
Part 300 - The Environmental Protection Agency (EPA), Region II, announces the deletion of the Mannheim Avenue Dump Superfund Site (Site), located in Galloway Township, New Jersey, from the National Priorities List (NPL) and will consider public comment on this action. The NPL was promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended and is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This Direct Final Deletion is being published by EPA with the concurrence of the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP). EPA and NJDEP have determined that potentially responsible parties have implemented all appropriate response actions under CERCLA, and further remedial action pursuant to CERCLA is not appropriate. Moreover, EPA and NJDEP have determined that the Site poses no significant threat to public health and the environment. [72 FR 35362]

Public Welfare 45 CFR 1-199
Parts 74 and 76 - The Department of Health and Human Services ("HHS" or the "Department") adopted, by an interim final rule, the Office of Management and Budget (OMB) guidance at 2 CFR part 180 on nonprocurement debarment and suspension including some provisions specific to HHS. Public comment on this action was solicited in a Federal Register notice dated March 1, 2007. No comments were received; therefore, the Department makes no changes to its interim final rule and it remains in effect as of March 1, 2007. Pursuant to the requirements in OMB guidance, HHS makes final the following regulatory actions: Removes its existing regulation on nonprocurement debarment at 45 CFR part 76, establishes a new part 376 in title 2 Code of Federal Regulations (CFR) adopting OMB's guidance and adding provisions specific to HHS, and revises the reference in 45 CFR 74.13 to reflect the new citation to 2 CFR part 376. [72 FR 35349]

Telecommunication 47 CFR 70-79
Part 73 - This document dismisses an Application for Review filed by Meadowlark Group, Inc. directed to the Memorandum Opinion and Order in this proceeding. With this action, the proceeding is terminated. [72 FR 35365]

Changes to the Federal Register for June 27, 2007

2007-06-28T11:26:00.000-07:00

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]

Changes to the Federal Register for June 26, 2007

2007-06-28T11:22:00.000-07:00

Grants And Agreements 2 CFR 1-END
Part 1125 - The Department of Defense (DoD) is revising the DoD Grant and Agreement Regulations (DoDGARs) to adopt and implement Office of Management and Budget (OMB) guidance on nonprocurement suspension and debarment and to make needed technical corrections. DoD is adopting and implementing the OMB guidance in a new part in title 2 of the CFR, the Governmentwide title recently established for OMB guidance and agencies' implementing regulations on grants and agreements. The Department also is removing the common rule on nonprocurement suspension and debarment that is in 32 CFR, Chapter I, Subchapter C, since the common rule is superseded by the new part implementing the OMB guidance. Adopting and implementing the OMB guidance and removing the common rule completes the DoD actions that the OMB guidance specifies. This regulatory action also is the first step toward relocating all of the DoDGARs to 2 CFR. [72 FR 34983]

Aeronautics And Space 14 CFR 1-59
Chapters I and III - The FAA is notifying the public of the outcome of our periodic review of existing regulations. This notice summarizes the public comments we received and our responses to them. This action is part of our effort to make our regulatory program more effective and less burdensome. [72 FR 34999]

Aeronautics And Space 14 CFR 60-139
Chapters I and III - The FAA is notifying the public of the outcome of our periodic review of existing regulations. This notice summarizes the public comments we received and our responses to them. This action is part of our effort to make our regulatory program more effective and less burdensome. [72 FR 34999]

Aeronautics And Space 14 CFR 140-199
Chapters I and III - The FAA is notifying the public of the outcome of our periodic review of existing regulations. This notice summarizes the public comments we received and our responses to them. This action is part of our effort to make our regulatory program more effective and less burdensome. [72 FR 34999]

Aeronautics And Space 14 CFR 200-1199
Chapters I and III - The FAA is notifying the public of the outcome of our periodic review of existing regulations. This notice summarizes the public comments we received and our responses to them. This action is part of our effort to make our regulatory program more effective and less burdensome. [72 FR 34999]

Money And Finance: Treasury 31 CFR 0-199
Part 103 - The Financial Crimes Enforcement Network (FinCEN) is issuing this final rule to amend the Bank Secrecy Act regulation requiring casinos to report transactions in currency. Specifically, the amendments exempt, as reportable transactions in currency, jackpots from slot machines and video lottery terminals, as well as transactions, under certain conditions, involving certain money plays and bills inserted into electronic gaming devices. We also are exempting certain transactions between casinos and currency dealers or exchangers, and casinos and check cashers. Finally, the amendments provide additional examples of "cash in" and "cash out" transactions. [72 FR 35008]

National Defense 32 CFR 1-190
Parts 21, 22, 25, 32, 33, 34 and 37 - The Department of Defense (DoD) is revising the DoD Grant and Agreement Regulations (DoDGARs) to adopt and implement Office of Management and Budget (OMB) guidance on nonprocurement suspension and debarment and to make needed technical corrections. DoD is adopting and implementing the OMB guidance in a new part in title 2 of the CFR, the Governmentwide title recently established for OMB guidance and agencies' implementing regulations on grants and agreements. The Department also is removing the common rule on nonprocurement suspension and debarment that is in 32 CFR, Chapter I, Subchapter C, since the common rule is superseded by the new part implementing the OMB guidance. Adopting and implementing the OMB guidance and removing the common rule completes the DoD actions that the OMB guidance specifies. This regulatory action also is the first step toward relocating all of the DoDGARs to 2 CFR. [72 FR 34983]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Fundation Amistad Fireworks in East Hampton, 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 35013]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving the actions of the Idaho Department of Environmental Quality (IDEQ) and the Washington State Department of Ecology (Ecology) to address the provisions of Clean Air Act section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). These provisions require each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state's air quality through interstate transport. IDEQ and Ecology have each adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants for their states. These include prohibiting emissions that contribute significantly to nonattainment of the NAAQS in another state, interfere with maintenance of the NAAQS by another state, interfere with plans in another state to prevent significant deterioration of air quality, or interfere with efforts of another state to protect visibility. [72 FR 35015]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a revision to the Iowa State Implementation Plan (SIP). The purpose of this revision is to update the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. These revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules. [72 FR 35018]

Changes to the Federal Register for June 25, 2007

2007-06-25T06:35:00.000-07:00

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]

Changes to the Federal Register for June 22, 2007

2007-06-22T09:47:00.000-07:00

Administrative Personnel 5 CFR 1-699
Part 531 - On behalf of the President's Pay Agent, the Office of Personnel Management is issuing interim regulations on the locality pay program for General Schedule and certain other employees. The interim regulations add Whatcom County, WA, to the Seattle locality pay area, remove the reference to a January effective date for changes made by the President's Pay Agent in locality pay area boundaries, and make a number of changes in the official names of locality pay areas to correspond to revised names of Metropolitan Statistical Areas and Combined Statistical Areas as established by the Office of Management and Budget. [72 FR 34361]

Customs Duties 19 CFR 0-140
Parts 10, 163, and 178 - This document amends the U.S. Customs and Border Protection ("CBP") regulations on an interim basis to implement the duty-free provisions of the Haitian Hemispheric Opportunity through Partnership Encouragement ("HOPE") Act of 2006. [72 FR 34365]

Customs Duties 19 CFR 141-199
Parts 10, 163, and 178 - This document amends the U.S. Customs and Border Protection ("CBP") regulations on an interim basis to implement the duty-free provisions of the Haitian Hemispheric Opportunity through Partnership Encouragement ("HOPE") Act of 2006. [72 FR 34365]

Money And Finance: Treasury 31 CFR 200-END
Part 537 - The Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC") is amending the Burmese Sanctions Regulations, 31 CFR 537, to add new §537.527, which sets forth a statement of OFAC licensing policy with respect to the issuance of specific licenses for the importation of Burmese origin animals and specimens, in sample quantities only, for bona fide scientific research and analysis purposes. [72 FR 34376]

Navigation And Navigable Waters 33 CFR 1-124
Part 110 - The Coast Guard is expanding the boundary of a Special Anchorage Area on the Hudson River at Nyack, NY. This action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 20 meters in length. This action is intended to increase the safety of life and property on the Hudson River, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of recreational vessel traffic and commerce. [72 FR 34377]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the St. Lawrence River in Cape Vincent, NY. This zone is intended to restrict vessels from a portion of the St. Lawrence River during the French Festival Fireworks on July 14, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34379]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the Genesee River and Lake Ontario near Rochester, NY. This zone is intended to restrict vessels from a portion of the Genesee River and Lake Ontario during the Rochester Harborfest Fireworks display on June 23, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34381]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the St. Lawrence River, Clayton, NY. This zone is intended to restrict vessels from a portion of the St. Lawrence River during the Clayton 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 34383]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in Presque Isle Bay, Erie, PA. This zone is intended to restrict vessels from a portion of Presque Isle Bay during the Lake Erie Interclub Race Fireworks Display on June 23, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34385]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the Seneca River, Papermill Island, Baldwinsville, NY. This zone is intended to restrict vessels from a portion of the Seneca River during the Papermill Island Fireworks display on June 30, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34387]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the St. Lawrence River, Ogdensburg, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with a powerboat race. This safety zone restricts vessel traffic from a portion of the St. Lawrence River, Ogdensburg, NY. [72 FR 34390]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in Port Bay, Wolcott, NY. This zone is intended to restrict vessels from a portion of Port Bay during the Tom Graves Memorial Fireworks display on July 3, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 34392]

Pensions, Bonuses, And Veterans' Relief 38 CFR 0-17
Part 2 - This document amends the Department of Veterans Affairs regulation containing delegations of authority to the Assistant to the Secretary for Regulation Policy and Management. The amendments are intended to reflect changes in delegations of authority and to comply with Executive Order 12866 as recently amended, which requires that the position of Regulatory Policy Officer in each agency be filled by a Presidential Appointee. [72 FR 34394]

Pensions, Bonuses, And Veterans' Relief 38 CFR 18-END
Part 75 - This document establishes regulations to address data breaches regarding sensitive personal information that is processed or maintained by the Department of Veterans Affairs (VA). The regulations implement certain provisions of Title IX of the Veterans Benefits, Health Care, and Information Technology Act of 2006, which require promulgation of these regulations as an interim final rule. [72 FR 34395]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for combined residues of thiamethoxam and its metabolite (CGA-322704) in or on artichoke, globe; caneberry subgroup 13-A, hop, dried cones; grape; grape, raisin; brassica, head and stem, subgroup 5-A; brassica, leafy greens, subgroup 5-B; vegetable, leafy, except brassica group 4. Additionally, tolerance levels for barley, grain; barley, hay and barley, straw will be amended. Interregional Research Project Number 4 (IR-4) and Syngenta Crop Protection Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 34401]

Transportation 49 CFR 400-999
Part 571 - In April 2007, the agency published a final rule establishing a new Federal motor vehicle safety standard on electronic stability control (ESC) systems for light vehicles. As part of that rulemaking, the final rule notice stated that NHTSA had decided to defer the standard's requirements related to the ESC telltales and controls until the end of the phase-in period (i.e., until September 1, 2011). Accordingly, most of the paragraphs containing ESC telltale and control requirements were prefaced with the phrase "as of September 1, 2011." However, that phrase was inadvertently omitted from two of the paragraphs setting forth ESC telltale and control requirements. These amendments correct this administrative error by adding the phrase "as of September 1, 2011" to those paragraphs. [72 FR 34409]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS announces a temporary closure of the Eastern U.S./Canada Area to limited access NE multispecies days-at-sea (DAS) vessels. Based upon Vessel Monitoring System (VMS) reports and other available information, the Administrator, Northeast Region, NMFS (Regional Administrator) has projected that 100 percent of the total allowable catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the Eastern U.S./Canada Area would be harvested by July 12, 2007, if current catch rates continue. This action is being taken to prevent the 2007 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded during the 2007 fishing year, and to minimize the impacts of discards of undersized haddock, in accordance with the regulations implemented under Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. This area will be reopened at a later date during the 2007 fishing year to provide access to the shared U.S./Canada Stocks of cod, haddock, and yellowtail flounder, if NMFS determines that the area can be reopened without exceeding the GB cod TAC for the 2007 fishing year. [72 FR 34411]

Changes to the Federal Register for June 21, 2007

2007-06-21T07:18:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are amending the pine shoot beetle regulations by adding Cumberland County in New Jersey to the list of quarantined areas. We are taking this action because the pine shoot beetle has been detected in the county. This action is necessary to prevent the spread of the pine shoot beetle, a pest of pine trees, into noninfested areas of the United States. [72 FR 34161]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Parts 305 and 319 - We are amending the fruits and vegetables regulations to allow the importation into the United States of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand. As a condition of entry, these fruits must be grown in production areas that are registered with and monitored by the national plant protection organization of Thailand, treated with irradiation in Thailand, and subject to inspection. The fruits must also be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been treated with irradiation in Thailand. In the case of litchi, the additional declaration must also state that the fruit had been inspected and found to be free of Peronophythora litchii, a fungal pest of litchi. Additionally, under this final rule, litchi and longan imported from Thailand may not be imported into or distributed to the State of Florida, due to the presence of litchi rust mite in Thailand. This action allows the importation of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand into the United States while continuing to provide protection against the introduction of quarantine pests into the United States. [72 FR 34163]

Internal Revenue 26 CFR 300-499
Part 301 - This document contains temporary regulations under section 6404(g)(2)(E) of the Internal Revenue Code on the suspension of any interest, penalty, addition to tax, or additional amount with respect to listed transactions or undisclosed reportable transactions. The temporary regulations reflect changes to the law made by the Internal Revenue Service Restructuring and Reform Act of 1998, the American Jobs Creation Act of 2004, the Gulf Opportunity Zone Act of 2005, and the Tax Relief and Health Care Act of 2006. The temporary regulations provide guidance to individual taxpayers who have participated in listed transactions or undisclosed reportable transactions. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. [72 FR 34176]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by catcher processors subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the shallow-water species fishery for catcher processors subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the shallow-water species fisheries. [72 FR 34179]

Changes to the Federal Register for June 20, 2007

2007-06-20T04:55:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 53-209
Part 60 - The Agricultural Marketing Service (AMS) is reopening the comment period for 60 days for the interim final rule for mandatory country of origin labeling (COOL) for fish and shellfish covered commodities that was published in the Federal Register on October 5, 2004 (69 FR 59708). The interim final rule requires certain retailers and their suppliers to notify their customers of the country of origin and the method of production (wild and/or farm-raised) of specified fish and shellfish products. The interim final rule also specifies recordkeeping responsibilities for affected retailers and their suppliers. AMS requests general comments on the interim final rule. All affected persons are hereby given notice of the opportunity to submit written data and views concerning the interim final rule. AMS will review the submitted comments and information as it promulgates a final rule for mandatory COOL for fish and shellfish. [72 FR 33851]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 900-999
Part 989 - The Agricultural Marketing Service published a final rule in the Federal Register on September 28, 2004 (69 FR 57822). The document changed reporting requirements regarding Other Seedless varietal type raisins under the California raisin marketing order. However, three paragraphs in one subpart of the marketing order's rules and regulations were inadvertently omitted from subsequent issues of the Code of Federal Regulations (CFR). This document identifies the three paragraphs in the subpart that need to be reinserted into Title 7 of the CFR, Part 989. [72 FR 33851]

Commodity And Securities Exchanges 17 CFR 200-239
Part 200 - The Commission adopted amendments to the language of the third-party and issuer tender offer best-price rules on November 1, 2006. This document contains a correction to the final rule that was published on April 5, 2007 [72 FR 16934]. [72 FR 33881]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Tacony-Palmyra Bridge, at mile 107.2, across Delaware River, between Tacony, PA, and Palmyra, NJ. This deviation allows the drawbridge to remain closed-to-navigation from 6 a.m. on July 9 until and including 10 p.m. on July 11, 2007, and from 6 a.m. on July 16 until and including 10 p.m. on July 18, 2007, to facilitate electrical repairs. [72 FR 33881]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the Chicago River, Chicago, IL. This zone is intended to restrict vessels from a portion of the Chicago River during the Gardens of the Magnificent Mile fireworks display on June 23, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 33882]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Town of Weymouth Fourth of July Celebration Fireworks on June 30, 2007, with a rain date of July 1, 2007 temporarily closing all navigable waters of Weymouth Fore River with in a five hundred (500) yard radius of the fireworks barge located at approximate position 42°15.2' N, 070°56.7' 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 Weymouth Fore River during its closure period. [72 FR 33884]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Salisbury Chamber of Commerce and Salisbury Boardwalk Partnership Inc. July Fireworks on June 30, 2007, temporarily closing all navigable waters off of Salisbury Beach with in a five hundred (500) yard radius of the fireworks display located at approximate position 42°50.12" N, 070°45.64" 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 off of Salisbury Beach during its closure period. [72 FR 33886]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary, moving safety zone in the navigable waters of the San Joaquin River for the loading, transport, and launching of fireworks used during the City of Antioch Fireworks Extravaganza, 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 33888]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Summer Solstice/U.S. Chamber of Commerce Fireworks from a barge off of Mystic Seaport, Mystic River, Mystic, CT. 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 33890]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the City of Long Beach Fireworks on the Atlantic Ocean off of Riverside Boulevard, Long Beach, 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 33892]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing temporary safety zones for the Riverfest 2007 Fireworks on the Connecticut River off Hartford, CT. The safety zones are necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within the safety zones during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 33894]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in Chicago Harbor, Chicago, IL. This zone is intended to restrict vessels from a portion of Chicago Harbor during the Chicago Fourth of July Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 33896]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing temporary safety zones on the waters of the Puget Sound, Lake Washington, and Lake Union, located in the Captain of the Port Puget Sound Zone, during several fireworks displays. This action is necessary to provide for the safety of life during these displays. Entry into these safety zones is prohibited unless authorized by the Captain of the Port or his designated representative. [72 FR 33899]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes a regional tolerance for residues of lactofen in or on vegetables, fruiting, group 08, and okra. Interregional Research Group Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 33901]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for combined residues of imidacloprid and its metabolites containing the 6-chloropyridinyl moiety, all expressed as the parent, in or on peanut, peanut hay and peanut meal; pearl millet grain, forage, hay and straw; proso millet grain, forage, hay and straw; kava roots and leaves; raspberry, wild; soybean forage and hay; and aspirated grain fractions. It also amends existing tolerances for combined residues of imidacloprid and its metabolites containing the 6-chloropyridinyl moiety in or on caneberry subgroup 13-A and soybean seed. Bayer CropScience LLC and Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also corrects a typographical error in the commodity term for the existing tolerance on the herbs subgroup, fresh herbs. [72 FR 33907]

Telecommunication 47 CFR 0-19
Part 1 - This document amends the Commission's Rules to increase the maximum forfeiture penalties for obscene, indecent, and profane broadcasts from $32,500 to $325,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation cannot exceed $3,000,000. This action is necessary to implement The Broadcast Decency Enforcement Act of 2005, signed into law by President George W. Bush on June 15, 2006. This document is limited to revising the Commission's Rules pursuant to the Broadcast Decency Enforcement Act, which concerns only penalties for obscenity, indecency, and profanity broadcast violations. The existing penalty limits described in the Commission's Rules would remain as the applicable maxima for all other broadcast violations subject to those Rules. [72 FR 33913]

Telecommunication 47 CFR 80-END
Part 90 - The Commission clarifies the standard for determining the acceptability of costs that Sprint Nextel Corporation (Sprint) is required to pay in connection with the 800 MHz rebanding process. Specifically, the Commission clarified the provision in the 800 MHz Report and Order that such costs must be the "minimum necessary" to accomplish rebanding of 800 MHz licensees in a reasonable, prudent and timely manner. [72 FR 33914]

Changes to the Federal Register for June 19, 2007

2007-06-20T04:46:00.000-07:00

Banks And Banking 12 CFR 600-END
Part 915 - The Federal Housing Finance Board (Finance Board) is issuing a final regulation that is substantially the same as the proposed rule to clarify the types of financial interests an appointive Federal Home Loan Bank (Bank) director may maintain in a member of the Bank on whose board the director serves. The changes broaden the scope of financial interests an appointive director may have with a holding company that controls one or more members. [72 FR 33637]

Commerce And Foreign Trade 15 CFR 300-799
Parts 742, 743, 744, 748, 750 and 758 - In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise and clarify U.S. licensing requirements and licensing policy on exports and reexports of items to the People's Republic of China (PRC). BIS published a revised policy and related amendments in proposed form in the Federal Register with a request for comments. [72 FR 33646]

Employees' Benefits 20 CFR 400-499
Part 404 - We use the Listing of Impairments (the listings) at the third step of the sequential evaluation process when we evaluate your claim for benefits based on disability under title II and title XVI of the Social Security Act (the Act). This final rule extends until July 1, 2008, the date on which the listings for eight body systems will no longer be effective. Other than extending the effective date of the listings, we have made no revisions to the listings; they remain the same as they now appear in the Code of Federal Regulations. This extension will ensure that we continue to have the medical evaluation criteria in the listings to adjudicate disability claims involving these body systems at the third step of the sequential evaluation process. [72 FR 33662]

General Food For Human Consumption 21 CFR 1-199
Part 74 - The Food and Drug Administration (FDA) is amending the color additive regulations to provide for the safe use of D&C Black No. 3 (bone black, subject to FDA batch certification) as a color additive in eyeliner, eye shadow, mascara, and face powder. This action is in response to a petition filed by Ebonex Corp. [72 FR 33664]

Biologics, Cosmetics, Medical Devices, Mammography, Radiological Health 21 CFR 600-1299
Part 1271 - The Food and Drug Administration (FDA) is adopting as a final rule, without change, the provisions of the interim final rule that amended certain regulations regarding the screening and testing of donors of human cells, tissues, and cellular and tissue-based products (HCT/Ps), and related labeling. FDA is taking this action to complete the rulemaking initiated with the interim final rule. [72 FR 33667]

Foreign Relations 22 CFR 1-299
Part 62 - The Department is hereby revising its regulations regarding, Trainees and Interns to, among other things, eliminate the distinction between "non-specialty occupations" and "specialty occupations," establish a new internship program, and modify the selection criteria for participation in a training program. The new regulations also require sponsors to screen, vet, and enter into written agreements with third parties who assist them in recruiting, selecting, screening, orienting, placing, training, or evaluating foreign nationals who participate in training and internship programs. Sponsors must fully complete and secure signatures on a Form DS-7002, Training/Internship Placement Plan (T/IPP) for each trainee and intern prior to issuing a Form DS-2019. The Department adopts no changes to existing flight training regulations. [72 FR 33669]

National Defense 32 CFR 1-190
Part 75 - This document removes part 75, "Conscientious Objectors" presently in Title 32 of the Code of Federal Regulations. The document on which this part was based has been revised and is limited only to DoD personnel management matters, affects only DoD military personnel, and has no impact on the public. [72 FR 33677]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing special local regulations during the "Watermen's Heritage Festival Workboat Races", a marine event to be held July 15, 2007 on the waters of the York River, Yorktown, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the York River during the event. [72 FR 33677]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Lesbian and Gay Community Center Fireworks in Fire Island Pines Harbor, 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 33679]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Salute to Veterans Fireworks off of West Marina/Jones Inlet, Point Lookout, 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 33681]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Sag Harbor Fireworks on Havens Beach, Sag Harbor, 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 33683]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during the Pittsburg Chamber of Commerce, Fourth of July Fireworks 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 33685]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Town of Marblehead Fourth of July Fireworks on July 4, 2007 with a rain date on July 5, 2007, in Marblehead, MA temporarily closing all navigable waters of Marblehead Harbor within a four hundred (400) yard radius of the fireworks barge located at approximate position 42°30.567' N, 070°50.162' 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 Marblehead Harbor during its closure period. [72 FR 33688]

Patents, Trademarks, And Copyrights 37 CFR 1-END
Parts 201 and 212 - The Copyright Office of the Library of Congress is publishing a final rule establishing a lower basic registration fee of $35 for copyright claims submitted electronically. This fee applies to all registrations where the application is submitted electronically, including those registrations where the deposit materials cannot be sent electronically together with the application. At the same time, the Office is retaining its current fee of $45 for processing paper applications for basic copyright registration of a copyright claim. The dual fee structure reflects the reduced cost of processing electronic claims and serves as an incentive to the public to utilize the new online, electronic registration system. On or after July 1, 2007, the Copyright Office will begin accepting a limited number of electronic submissions of copyright claims through the Internet and the new fee will apply to these applications. The adoption of the new rule assumes that no legislative action will take place before July 1, 2007. [72 FR 33690]

Air Programs 40 CFR 1-69
Part 52 - EPA is clarifying its approval of revisions to the North Carolina State Implementation Plan (SIP), published in the Federal Register on March 24, 2006. Specifically, EPA is clarifying that its March 24, 2006, approval of the North Carolina carbon monoxide (CO) second 10-year maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem areas included final approval of the movement of the oxygenated fuel program from the North Carolina Raleigh-Durham CO maintenance plan to the contingency plan. [72 FR 33692]

Air Programs II 40 CFR 70-99
Part 94 - Because EPA received adverse comment, we are withdrawing the direct final rule for "Change in Deadline for Rulemaking to Address the Control of Emissions from New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder" published on April 27, 2007. [72 FR 33694]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries. [72 FR 33695]

Changes to the Federal Register for June 18, 2007

2007-06-18T04:48:00.000-07:00

Grants And Agreements 2 CFR 1-END
Part 1400 - The Department of the Interior (Department) proposes to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, and to adopt in their place the Office of Management and Budget's (OMB) guidance. This regulatory action would implement OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. The Department does not intend to modify any of its current policy. [72 FR 33383]

Nuclear Regulatory Commission 10 CFR 1-199
Chapter I - The Nuclear Regulatory Commission (NRC) is amending its regulations to update a telephone number for the Office of Information Services and an NRC Web site location. This document is necessary to inform the public of these changes to the NRC's regulations. [72 FR 33386]

Commodity And Securities Exchanges 17 CFR 240-END
Parts 240 and 249b - The Commission is adopting rules to implement provisions of the Credit Rating Agency Reform Act of 2006 (the "Rating Agency Act"), enacted on September 29, 2006. The Rating Agency Act defines the term "nationally recognized statistical rating organization," provides authority for the Commission to implement registration, recordkeeping, financial reporting, and oversight rules with respect to registered credit rating agencies, and directs the Commission to issue final implementing rules no later than 270 days after its enactment (or by June 26, 2007). The rule and form prescribing the process for a credit rating agency to apply for registration are immediately effective. The remaining rules are effective on June 26, 2007. [72 FR 33564]

Animal Drugs, Feed and Related Products 21 CFR 500-599
Part 558 - The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Div. of Pfizer, Inc. The supplemental NADA provides for the use of lincomycin in feed of swine weighing greater than 250 pounds and for the addition of a reproductive cautionary statement to labeling. [72 FR 33386]

Internal Revenue 26 CFR 1.401-1.440
Part 1 - This document contains final regulations under section 408 of the Internal Revenue Code. The final regulations provide special rules for a governmental unit which seeks to qualify as a nonbank trustee of a deemed IRA that is part of its qualified employer plan. These final regulations affect only such governmental units [72 FR 33387]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a moving temporary safety zone in the navigable waters of San Francisco Bay, California, during geotechnical borings for a seismic upgrade of the Bay Area Rapid Transit (BART) Transbay tube. The borings will require placement of a drilling vessel at test sites along the BART Transbay tube. The safety zone will surround the vessel and move with the vessel as it conducts the tests at eighteen sites along the BART Transbay tube. This safety zone is necessary to protect persons and vessels from hazards, injury, and damage associated with the geotechnical borings. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. [72 FR 33388]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks to celebrate Independence Day. This safety zone is 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 zone without permission of the Captain of the Port or his designated representative. [72 FR 33391]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in Lake Michigan, Milwaukee, WI. This zone is intended to restrict vessels from a portion of Lake Michigan during the recovery of an aircraft that crashed in Lake Michigan. This temporary safety zone is necessary to protect divers and recovery workers and restrict spectators and vessels from the recovery site. [72 FR 33393]

Air Programs 40 CFR 1-69
Part 52 - On July 10, 2006, EPA proposed partial approval of revisions to Indiana's prevention of significant deterioration (PSD) and nonattainment new source review (NSR) construction permit programs. EPA received comments on this proposal on August 9, 2006. An adverse comment regarding the inclusion of hazardous air pollutants (HAPs) in Indiana's PSD rules was received. Subsequently, on January 17, 2007, the Indiana Department of Environmental Management (IDEM) requested the withdrawal of the portion of this submittal pertaining to HAPs. EPA is partially approving the portions of the Indiana rule that were proposed for approval on July 10, 2006 and were not withdrawn on January 17, 2007. As noted in the July 10, 2006, notice, we are not taking action on the Clean Unit and Pollution Control Project (PCP) portions of the Indiana rule. [72 FR 33395]

Air Programs 40 CFR 1-69
Part 52 - EPA is taking direct final action to approve revisions to the Washoe County District Health Department (WCDHD) portion of the Nevada State Implementation Plan (SIP). These revisions concern opacity, emissions of carbon monoxide (CO) and particulate matter (PM) from wood stoves and fireplaces, and air emergency episode plans. We are approving local rules that help regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). [72 FR 33397]

Air Programs 40 CFR 1-69
Part 52 - Notice is hereby given that the State of Connecticut has fulfilled the enforceable commitments it made to EPA to complete a mid- course review (MCR) assessing whether two one-hour ozone nonattainment areas are, or are not, making sufficient progress toward attainment of the one-hour ozone standard under the Clean Air Act (CAA). The two areas are the Connecticut portion of the New York-Northern New Jersey- Long Island 1-hour ozone nonattainment area, and the Greater Connecticut 1-hour ozone nonattainment area. EPA has reviewed the MCR documents submitted by Connecticut and has determined that Connecticut has met the commitment to perform these MCRs. EPA has sent a letter to Connecticut finding that their MCRs fulfill the commitment made by Connecticut in their 1-hour ozone attainment demonstrations. [72 FR 33400]

Public Lands: Interior 43 CFR 1-999
Parts 12, 42, and 43 - The Department of the Interior (Department) proposes to remove its regulations implementing the government-wide common rule on nonprocurement debarment and suspension, and to adopt in their place the Office of Management and Budget's (OMB) guidance. This regulatory action would implement OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension into one part of the CFR. The Department does not intend to modify any of its current policy. [72 FR 33383]

Motor Carrier Safety 49 CFR 200-399
Part 393 - Correcting rule document E7-11112 beginning on page 32011 in the Federal Register issue of Monday, June 11, 2007. [72 FR 33562]

Wildlife And Fisheries 50 CFR 600-END
Part 635 - NMFS announces the final rule to set 2007 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action also makes a minor administrative change to the permit regulations. [72 FR 33401]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA. [72 FR 33408]

Changes to the Federal Register for June 15, 2007

2007-06-15T05:10:00.000-07:00

Administrative Personnel 5 CFR 1-699
Parts 531 and 550 - These regulations finalize the interim regulations that provide the rules for determining an employee's official worksite when he or she teleworks from an alternative worksite during an emergency situation, such as a pandemic health crisis, and permit an agency to provide evacuation payments to an employee who is ordered to evacuate from his or her regular worksite and directed to work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. The final regulations revise the interim regulations to clarify that an employee need not have a telework agreement when directed to work from home. These regulations are issued as part of OPM's efforts to provide agencies with guidance to ensure they are able to fulfill their critical missions while at the same time protect their employees should a pandemic health crisis occur. [72 FR 33147]

Aeronautics And Space 14 CFR 1-59
Part 25 - These special conditions are issued for the Boeing Model 777-300ER airplane. This airplane as modified by the Boeing Commercial Airplane Company will have a novel or unusual design feature associated with the use of lithium ion battery technology in on-board systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. [72 FR 33148]

Labor 29 CFR 1927-END
Parts 4022 and 4044 - The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in July 2007. Interest assumptions are also published on the PBGC's Web site (http://www.pbgc.gov). [72 FR 33152]

Mineral Resources 30 CFR 700-END
Part 920 - We are approving an amendment to the Maryland regulatory program (the Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment consists of changes to the Maryland Annotated Code (MAC) to increase the end of month balance cap of the Bond Supplement Reserve (Reserve) within the Bituminous Coal Open-Pit Mining Reclamation Fund. The amendment is intended to improve the ability of the Maryland Department of the Environment to finance reclamation projects by increasing the amounts available in the Reserve. [72 FR 33153]

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 Massachusetts Bay Commuter Railroad (MBCR)/Amtrak Bridge across the Charles River, mile 0.8, at Boston, Massachusetts. Under this temporary deviation, in effect for two weekends, the MBTA/Amtrak Bridge may remain in the closed position on Friday evening June 8 and 15, 2007, from 11:59 p.m. through to 5 a.m. Saturday morning. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate bridge track repairs. [72 FR 33156]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone on the Detroit River, Detroit, Michigan. This zone is intended to restrict vessels from a portion of Detroit River during the Roostertail fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 33156]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone near the Grosse Point Club, Lake St. Clair, Grosse Pointe Farms, Michigan. This zone is intended to restrict vessels from a portion of Lake St. Clair during the Celebrate America Fundraiser fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 33158]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing two temporary security zones on the navigable waters of the San Francisco Bay in the vicinity of San Francisco Pier 30/32 and McCovey Cove located in San Francisco, California. These regulated areas are necessary to provide security for participants, spectators, and the general public during this high profile event. The security zones will prohibit all persons and vessels from entering, transiting through, or anchoring within portions of the San Francisco Bay surrounding Pier 30/32 and McCovey Cove, unless authorized by the Captain of the Port (COTP) or his designated representative. [72 FR 33160]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard will enforce the safety zone established in 33 CFR 165.1191, during the City of Monterey's Fourth of July Fireworks display, to be held on July 4, 2007, in the navigable waters of Monterey Bay. This safety zone is necessary to ensure the safety of participants and spectators during the loading, transport, and launching of fireworks. Unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone without permission of the Captain of the Port or his designated representative. [72 FR 33163]

Postal Service 39 CFR 1-END
Part 500 - In this final rule, the Postal ServiceTM amends its regulations on authorization to manufacture and distribute postage evidencing systems. The amendment corrects language that conflicts with the way we do business with PC Postage vendors. [72 FR 33163]

Postal Service 39 CFR 1-END
Parts 3000, 3001, 3002, 3003 and 3004 - This document identifies limited amendments to the Code of Federal Regulations (CFR) related to passage of a postal reform law. The amendments affect nomenclature, section numbering, and citation to statutory authority. These changes will facilitate operation and practice under the new law. Additional conforming changes are under consideration. Given the technical and administrative nature of the changes, comments are not required or requested. [72 FR 33164]

Changes to the Federal Register for June 14, 2007

2007-06-15T05:04:00.000-07:00

Internal Revenue 26 CFR 1.301-1.400
Part 1 - This document contains temporary regulations that apply to corporations that have undergone ownership changes within the meaning of section 382. These regulations provide guidance regarding the treatment of prepaid income under the built-in gain provisions of section 382(h). The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. [72 FR 32792]

Internal Revenue 26 CFR 1.301-1.400
Parts 1, 301, and 602 - This document contains final regulations that affect taxpayers filing Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. This document also makes conforming changes to certain current regulations. [72 FR 32794]

Internal Revenue 26 CFR 1.1001-1.1400
Parts 1, 301, and 602 - This document contains final regulations that affect taxpayers filing Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. This document also makes conforming changes to certain current regulations. [72 FR 32794]

Internal Revenue 26 CFR 1.1401-END
Parts 1, 301, and 602 - This document contains final regulations that affect taxpayers filing Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. This document also makes conforming changes to certain current regulations. [72 FR 32794]

Internal Revenue 26 CFR 300-499
Parts 1, 301, and 602 - This document contains final regulations that affect taxpayers filing Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. This document also makes conforming changes to certain current regulations. [72 FR 32794]

Internal Revenue 26 CFR 600-END
Parts 1, 301, and 602 - This document contains final regulations that affect taxpayers filing Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. This document also makes conforming changes to certain current regulations. [72 FR 32794]

Federal Acquisition Regulations System 48 CFR Chapters 29 to END
Parts 9901 and 9903 - The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, is revising the threshold for the application of CAS to negotiated Government contracts. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act. The Board is taking final action on this topic in order to adjust the CAS applicability threshold in accordance with Section 822 of the 2006 National Defense Authorization Act (Pub. L. 109-163). Section 822 amended 41 U.S.C. 422(f)(2)(A) to require that the threshold for CAS applicability be the same as the threshold for compliance with the Truth in Negotiations Act (TINA). [72 FR 32809]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS is extending the revised summer flounder total allowable landings (TAL) implemented on January 19, 2007, until December 31, 2007, the end of the 2007 fishing year. This emergency rule extension specifies allowed harvest limits for both the commercial and recreational summer flounder fisheries. The TAL contained within this emergency rule extension continues the previous harvest limits for summer flounder that became effective on January 19, 2007, which superceded the harvest limits initially implemented on January 1, 2007. This action continues the prohibition on federally permitted commercial vessels landing summer flounder in Delaware in 2007 due to continued quota repayment of previous year's overages. [72 FR 32813]

Changes to the Federal Register for June 13, 2007

2007-06-13T09:54:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1200-1599
Part 1215 - This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Popcorn Promotion, Research, and Consumer Information Program, under the criteria contained in Section 610 of the Regulatory Flexibility Act. Based upon its review, AMS has determined that the Popcorn Promotion, Research, and Consumer Information Order should be continued without change. [72 FR 32517]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing temporary special local regulations for the "2007 Rappahannock River Boaters Association Spring and Fall Radar Shootout", power boat races to be held on the waters of the Rappahannock River near Layton, VA. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Rappahannock River during the event. [72 FR 32518]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard has established a Safety Zone in Chicago Harbor. This zone is intended to restrict vessels from portions of Chicago Harbor during fireworks displays that pose a hazard to public safety. This zone is necessary to protect the public from the hazards associated with fireworks displays. [72 FR 32520]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard has established a safety zone in Milwaukee Harbor near Lakeshore State Park. This zone will restrict vessels from portions of Milwaukee Harbor during fireworks displays. This zone is necessary to protect the public from the hazards associated with fireworks displays.ry to protect the public from the hazards associated with fireworks displays. [72 FR 32522]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard has established a Safety Zone in Chicago Harbor. This zone will restrict vessels from portions of Chicago Harbor during fireworks displays that pose a hazard to public safety. This zone is necessary to protect the public from the hazards associated with fireworks displays. [72 FR 32524]

Air Programs 40 CFR 1-69
Parts 51 and 52 - The EPA is amending its regulations to eliminate the pollution control project (PCP) and clean unit (CU) provisions included in its December 31, 2002 rulemaking entitled "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Baseline Emissions Determination, Actual-to-future-actual Methodology, Plantwide Applicability Limitations, Clean Units, Pollution Control Projects." This final rule conforms the regulations to the decision by the U.S. Court of Appeals for the D.C. Circuit, New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), vacating the PCP and CU provisions. This action is exempt from notice-and-comment rulemaking because it is ministerial in nature. [72 FR 32526]

Air Programs 40 CFR 1-69
Part 52 - EPA is finalizing the rescission of the Federal implementation plan promulgated under the Clean Air Act for the regulation of fugitive sulfur oxides emissions from a copper smelter that had operated in the State of Nevada but that is no longer in existence. This rescission was proposed in the Federal Register on August 28, 2006. The intended effect is to rescind unnecessary provisions from the applicable plan. [72 FR 32529]

Air Programs 40 CFR 1-69
Part 52 - The EPA is approving a revision to the Indiana Department of Environmental Management's (IDEM) volatile organic compound (VOC) rules for new facilities into the Indiana State Implementation Plan (SIP). This revised rule, submitted by IDEM on July 17, 2006, exempts facilities subject to the boat manufacturing and reinforced plastics composites production national emission standards for hazardous air pollutants (NESHAPS) from the requirement to do a case-by-case State Best Available Control Technology (BACT) analysis under the Indiana SIP, provided that they comply with the applicable NESHAPS. This rule revision is approvable because the only hazardous air pollutant covered by these NESHAPS rules is styrene, a toxic substance which is also classified as a VOC. Therefore, the VOC control requirements in these rules are always applicable. In addition, the provisions in these rules are enforceable and result in a clearly defined level of VOC reductions dependent upon the specific type of operation. These rules were proposed for approval on January 25, 2007, and comments were received supporting EPA's approval. [72 FR 32531]

Air Programs 40 CFR 1-69
Part 60 - EPA is amending the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial- institutional steam generating units. These amendments to the regulations are to add compliance alternatives for owners and operators of certain affected sources, revise certain recordkeeping and reporting requirements, correct technical and editorial errors, and update the grammatical style of the four subparts to be more consistent across all of the subparts. [72 FR 32710]

Pesticides Programs 40 CFR 150-189
Part 180 - This regulation establishes tolerances for diuron in or on cactus (with regional restrictions for use); spearmint, tops; peppermint, tops; and fish-freshwater finfish, farm raised. Interregional Research Project Number 4 (IR-4) and the Catfish Farmers of America requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 32533]

Federal Acquisition Regulations System 48 CFR Chapters 7 to 14
Parts 719 and 752 - The United States Agency for International Development (USAID) is issuing this final rule to amend its acquisition regulations to formally encourage USAID prime contractors to assist small business, including veteran-owned small business, service-disabled veteran-owned small business, HUBZone, small socially and economically disadvantaged business, and women-owned small business, in enhancing their capabilities to perform contracts and subcontracts for USAID and other Federal agencies. The program seeks to increase the base of small business eligible to perform USAID contracts and subcontracts. The program also seeks to foster long-term business relationships between USAID prime contractors and small business entities and to increase the overall number of small business entities that receive USAID contracts, and subcontract awards. [72 FR 32540]

Federal Acquisition Regulations System 48 CFR Chapters 29 to END
Part 9903 - The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has adopted, without change from the interim rule, a final rule revising the criteria applicable to United Kingdom (UK) contractors for filing a Disclosure Statement, Form No. CASB DS-1. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act. [72 FR 32546]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - This final rule implements Amendment 13 to the Atlantic Sea Scallop Fishery Management Plan (Scallop FMP). Amendment 13 was developed by the New England Fishery Management Council (Council) to permanently re-activate the industry-funded observer program in the Scallop FMP through a scallop total allowable catch (TAC) and days-at-sea (DAS) set-aside program that helps vessel owners defray the cost of carrying observers. The following observer program management measures are implemented by this rule: Requirements for becoming an approved observer service provider; observer certification and decertification criteria; and notification requirements for vessel owners and/or operators. This action also requires scallop vessel owners, operators, or vessel managers to procure certified fishery observers for specified scallop fishing trips from an approved observer service provider. Additionally, this action allows adjustments to the observer program to be done through framework action. [72 FR 32549]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is closing directed fishing for yellowfin sole by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the third seasonal allowance of the 2007 halibut bycatch allowance specified for the trawl yellowfin sole fishery category in the BSAI. [72 FR 32559]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS issues a final rule to amend regulations implementing the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to avoid expiration of these regulations on December 31, 2007, and ensure uninterrupted observer coverage in North Pacific groundfish fisheries. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs).. [72 FR 32559]

Changes to the Federal Register for June 12, 2007

2007-06-12T04:35:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding the entire State of Iowa and two counties in New Jersey, Morris and Somerset, to the list of quarantined areas. We took that action following the detection of pine shoot beetle in these areas. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States. [72 FR 32165]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are amending the black stem rust quarantine and regulations by adding four varieties to the list of rust-resistant Berberis species or cultivars in the regulations. This action will allow for the interstate movement of these newly developed varieties without unnecessary restrictions. [72 FR 32165]

Biologics, Cosmetics, Medical Devices, Mammography, Radiological Health 21 CFR 600-1299
Part 888 - The Food and Drug Administration (FDA) is reclassifying intervertebral body fusion devices that contain bone grafting material, from class III (premarket approval) into class II (special controls), and retain those that contain any therapeutic biologic (e.g., bone morphogenic protein) in class III. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document that will serve as the special control for this device. This reclassification is based upon on the recommendation of the Orthopaedic and Rehabilitation Devices Panel (the Panel). [72 FR 32170]

Internal Revenue 26 CFR 1.441-1.500
Parts 1 and 602 - This document sets forth an elective safe harbor that permits dealers in securities and dealers in commodities to elect to use the values of positions reported on certain financial statements as the fair market values of those positions for purposes of section 475 of the Internal Revenue Code (Code). This safe harbor is intended to reduce the compliance burden on taxpayers and to improve the administrability of the valuation requirement of section 475 for the IRS. [72 FR 32172]

Internal Revenue 26 CFR 600-END
Parts 1 and 602 - This document sets forth an elective safe harbor that permits dealers in securities and dealers in commodities to elect to use the values of positions reported on certain financial statements as the fair market values of those positions for purposes of section 475 of the Internal Revenue Code (Code). This safe harbor is intended to reduce the compliance burden on taxpayers and to improve the administrability of the valuation requirement of section 475 for the IRS. [72 FR 32172]

Parks, Forests, And Public Property 36 CFR 1-199
Part 51 - The National Parks Omnibus Management Act of 1998 encourages the sale of authentic United States Indian, Alaska Native, Native Samoan and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of units of the national park system. This final rule implements the requirements of the act. [72 FR 32188]

Air Programs 40 CFR 1-69
Parts 52 and 81 - On February 15, 2007, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate its portion of the Youngstown area (Mahoning, Trumbull and Columbiana Counties) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a request for EPA approval of an ozone maintenance plan. EPA is making a determination that the Youngstown, Ohio ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is approving, as a State Implementation Plan (SIP) revision, the State's maintenance plan for the Ohio portion of the area. As a result, Ohio has satisfied the criteria for redesignation of Mahoning, Trumbull and Columbiana Counties to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2009 and 2018 that are contained in the 8-hour ozone maintenance plan for the area. [72 FR 32190]

Air Programs 40 CFR 1-69
Parts 53 and 58 - The EPA is taking direct final action on "Ambient Air Monitoring Regulations: Correcting and Other Amendments" to correct and clarify parts of a recent final rule published on October 17, 2006, that amended the ambient air monitoring requirements for criteria pollutants. These errors included several instances where the wording in the preamble and regulatory text were not completely consistent, several regulatory text passages that contained some imprecise language, two instances of regulatory text omission, an outdated address reference, and numerous publication errors in tables and equations. EPA is also amending the monitoring rule to allow EPA Regional Administrators to approve departures from the minimum number of PM10 monitors otherwise specified in the rule. [72 FR 32193]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - On February 15, 2007, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate its portion of the Youngstown area (Mahoning, Trumbull and Columbiana Counties) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a request for EPA approval of an ozone maintenance plan. EPA is making a determination that the Youngstown, Ohio ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is approving, as a State Implementation Plan (SIP) revision, the State's maintenance plan for the Ohio portion of the area. As a result, Ohio has satisfied the criteria for redesignation of Mahoning, Trumbull and Columbiana Counties to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2009 and 2018 that are contained in the 8-hour ozone maintenance plan for the area. [72 FR 32190]

Air Programs II 40 CFR 70-99
Part 82 - With this action, EPA is allocating essential use allowances for import and production of Class I stratospheric ozone-depleting substances (ODSs) for calendar year 2007. Essential use allowances enable a person to obtain controlled Class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of Class I ODSs solely for the designated essential purpose. The allocations in this action total 167.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2007. [72 FR 32212]

Changes to the Federal Register for June 11, 2007

2007-06-11T10:43:00.000-07:00

Aeronautics And Space 14 CFR 1-59
Part 23 - These special conditions are issued for the Aviation Technology Group (ATG) Javelin Model 100 Series airplane. This airplane will have a novel or unusual design feature(s) associated with acrobatic spin recovery requirements. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. [72 FR 31969]

Customs Duties 19 CFR 0-140
Parts 10, 24, 162, 163, and 178 - This rule 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.-Singapore Free Trade Agreement entered into by the United States and the Republic of Singapore. [72 FR 31990]

Customs Duties 19 CFR 141-199
Parts 10, 24, 162, 163, and 178 - This rule 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.-Singapore Free Trade Agreement entered into by the United States and the Republic of Singapore. [72 FR 31990]

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 Meadowbrook State Parkway Bridge across Sloop Channel at mile 12.8, at Hempstead, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal if at least a half-hour notice is given to the New York State Department of Transportation, except that, from 7 a.m. to 8 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall open every hour, on the hour, if at least a half-hour notice is given. In addition, the bridge need not open from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed, and from 9 p.m. to 11 p.m. on July 4, 2007, for the annual fireworks displays. [72 FR 32004]

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 Wantagh State Parkway Bridge, across Goose Creek, at mile 16.1, at Jones Beach, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal if at least a half-hour notice is given to the New York State Department of Transportation, except that, from 7:30 a.m. to 8:30 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall be opened every hour on the half-hour after at least a half-hour notice is given. The bridge need not open from 9 p.m. to 11 p.m. on the Fourth of July for fireworks display. [72 FR 32005]

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 Loop Parkway Bridge, across Long Creek at mile 0.7, at Jones Beach, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal for all marine traffic, Monday through Friday twice an hour at twenty and fifty minutes after the hour, from 6:20 a.m. to 7:20 p.m., except that, between 9:50 a.m. and 3:20 p.m., the bridge shall open on signal for all commercial vessels. On Saturday, Sunday, and Federal Holidays, the bridge shall open on signal twice an hour, at twenty minutes and fifty minutes after the hour, between 7:20 a.m. and 8:20 p.m., except that, the bridge shall open on signal for all commercial vessels. Additionally, the bridge need not open during the annual fireworks display from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed. At all other times the bridge shall open on signal for all vessel traffic. [72 FR 32005]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Beverly Homecoming Fireworks on August 5, 2007, temporarily closing all navigable waters of Beverly Harbor within a five hundred (500) yard radius of the fireworks barge located at approximate position 42°32.650' N, 070°51.980' 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 Beverly Harbor during its closure period. [72 FR 32006]

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 32008]

Motor Carrier Safety 49 CFR 200-399
Part 393 - FMCSA amends its regulations concerning parts and accessories necessary for safe operation in response to a petition for reconsideration filed by the Truck Manufacturers Association. As requested by a petitioner, this amendment resolves an inconsistency between FMCSA's Federal Motor Carrier Safety Regulations and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards. [72 FR 32011]

Transportation 49 CFR 400-999
Parts 573, 577, and 579 - This final rule contains administrative adjustments to part 573, Defect and Noncompliance Responsibility and Reports; part 577, Defect and Noncompliance Notification; and part 579, Reporting of Information and Communications about Potential Defects, of Title 49 of the CFR. Specifically, we are updating and/or supplementing the mailing and address information found in some sections, and correcting erroneous references found in other sections. We are also moving one paragraph of part 573, requiring submission of draft owner notification letters to NHTSA, to another paragraph found in part 577 that addresses the content of owner notification letters, where that paragraph more logically fits. None of these amendments impose or relax any substantive requirements or burdens on manufacturers. [72 FR 32014]

Changes to the Federal Register for June 8, 2007

2007-06-08T12:49:00.000-07:00

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]

Changes to the Federal Register for June 7, 2007

2007-06-08T04:44:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 1-26
Part 24 - The Department of Agriculture (USDA) is publishing amendments to the Code of Federal Regulations (CFR) as a final rule. USDA amends its regulations to reflect the legal termination of the Agriculture Board of Contract Appeals (AGBCA) and the creation of a new consolidated Civilian Board of Contract Appeals (CBCA). Additionally, with respect to appeals heard by the AGBCA other than Contract Disputes Act appeals, the AGBCA transfers or eliminates certain appeal procedures as a result of the termination of the AGBCA. USDA eliminates the appeals of procurement suspension and debarment, as well as the appeals of export violation debarment determinations under the Forest Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), and transfers jurisdiction to hear Federal Crop Insurance Corporation (FCIC) and Contract Work Hours and Safety Standards appeals to the new consolidated CBCA. [72 FR 31437]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 400-699
Part 400 - The Department of Agriculture (USDA) is publishing amendments to the Code of Federal Regulations (CFR) as a final rule. USDA amends its regulations to reflect the legal termination of the Agriculture Board of Contract Appeals (AGBCA) and the creation of a new consolidated Civilian Board of Contract Appeals (CBCA). Additionally, with respect to appeals heard by the AGBCA other than Contract Disputes Act appeals, the AGBCA transfers or eliminates certain appeal procedures as a result of the termination of the AGBCA. USDA eliminates the appeals of procurement suspension and debarment, as well as the appeals of export violation debarment determinations under the Forest Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), and transfers jurisdiction to hear Federal Crop Insurance Corporation (FCIC) and Contract Work Hours and Safety Standards appeals to the new consolidated CBCA. [72 FR 31437]

Federal Elections 11 CFR 1-END
Part 104 - The Federal Election Commission (the "Commission") is issuing a Policy Statement to clarify its enforcement policy with respect to the circumstances under which it intends to consider a political committee and its treasurer to be in compliance with the recordkeeping and reporting requirements of the Federal Election Campaign Act, as amended ("FECA"). Section 432(i) of FECA provides that when the treasurer of a political committee demonstrates that best efforts were used to obtain, maintain, and submit the information required by FECA, any report or records of such committee shall be considered in compliance with FECA or the statutes governing the public financing of Presidential candidates. In the past, the Commission has interpreted this section to apply only to a treasurer's efforts to obtain required information from contributors to a political committee, and not to maintaining information or to submitting reports. However, the district court in Lovely v. FEC, 307 F. Supp. 2d 294 (D. Mass. 2004), held that the Commission should consider whether a treasurer used best efforts under FECA with regard to efforts made to submit a report in a timely manner. This Policy Statement makes clear that the Commission intends to apply FECA's best efforts provision to treasurers' and committees' efforts to obtain, maintain, and submit information and records to the Commission consistent with the holding of the Federal court in Lovely. [72 FR 31438]

Banks And Banking 12 CFR 1-199
Part 32 - The Office of the Comptroller of the Currency (OCC) is amending Part 32 to permanently incorporate special lending limits for 1-4 family residential real estate loans, small business loans, and small farm loans or extensions of credit. These special lending limits have, since 2001, been available to certain eligible national banks through a lending limits pilot program (pilot program). Under the pilot program, an eligible national bank with a main office located in a state that has a lending limit for residential real estate, small business, or small farm loans that is higher than the current Federal limit may apply to take part in the pilot program and make use of the higher limit. The OCC has found that banks in the pilot program, and loans made under the program, have operated in a safe and sound manner since 2001. Accordingly, this interim rule amends Part 32 to make permanent the special limits set forth in the pilot program. This interim rule removes the expiration date for the pilot program and makes one change to the special lending limits available under the pilot program. The OCC also seeks comment on any other changes that should be considered for the final rule. As in the past, only eligible banks can use the special limits. Those banks already approved to participate in the pilot program may continue to use the special lending limits and need not submit a new application to do so. [72 FR 31441]

Aeronautics And Space 14 CFR 1-59
Part 23 - These special conditions are issued to Op Technologies, Inc.; 15236 NW., Greenbrier Parkway, Beaverton, OR 97006 for a Supplemental Type Certificate for the Cirrus Design Corporation Model SR22 airplane. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of electronic flight instrument system (EFIS) displays Model Pegasus Primary Flight Displays manufactured by Op Technologies for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes. [72 FR 31444]

Aeronautics And Space 14 CFR 1-59
Part 23 - These special conditions are issued for the installation of an AmSafe, Inc., Inflatable Four-Point Restraint Safety Belt with an Integrated Airbag Device on Quest Aircraft Company, LLC, Kodiak Model 100. These airplanes, as modified by the installation of this Inflatable Safety Belt, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belt, which contains an integrated airbag device. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. [72 FR 31446]

Aeronautics And Space 14 CFR 1-59
Parts 1, 91, 97, 121, 125, 129, and 135 - The FAA is amending its regulations to reflect technological advances that support area navigation (RNAV); include provisions on the use of suitable RNAV systems for navigation; amend certain terms for consistency with those of the International Civil Aviation Organization (ICAO); remove reference to the middle marker in certain sections because a middle marker is no longer operationally required; clarify airspace terminology; and incorporate by reference obstacle departure procedures into Federal regulations. The changes will facilitate the use of new navigation reference sources, enable advancements in technology, and increase efficiency of the National Airspace System. [72 FR 31662]

Aeronautics And Space 14 CFR 60-139
Part 121 - The FAA is correcting a technical amendment to its drug and alcohol testing requirements published on March 15, 2007 (72 FR 12082). The purpose of the technical amendment was to conform those requirements to the National Air Tour Safety Standards. In one paragraph of the regulation, we inadvertently referred to an "antidrug program," when we should have referred to an "Alcohol Misuse Prevention Program." [72 FR 31449]

Aeronautics And Space 14 CFR 60-139
Part 136 - The FAA is correcting references in its Commercial Air Tours and National Parks Air Tour Management regulations to conform to amendments made by the National Air Tour Safety Standards final rule published on February 13, 2007 (72 FR 6884). In addition, the FAA is removing a sentence from the preamble that referred to aircraft certificated as "Experimental Category" and clarifying the applicability of the rule to the "Young Eagles" program. [72 FR 31449]

Aeronautics And Space 14 CFR 60-139
Parts 1, 91, 97, 121, 125, 129, and 135 - The FAA is amending its regulations to reflect technological advances that support area navigation (RNAV); include provisions on the use of suitable RNAV systems for navigation; amend certain terms for consistency with those of the International Civil Aviation Organization (ICAO); remove reference to the middle marker in certain sections because a middle marker is no longer operationally required; clarify airspace terminology; and incorporate by reference obstacle departure procedures into Federal regulations. The changes will facilitate the use of new navigation reference sources, enable advancements in technology, and increase efficiency of the National Airspace System. [72 FR 31662]

Commerce And Foreign Trade 15 CFR 300-799
Part 774 - This rule makes changes to regulations implementing the new formula for calculating computer Adjusted Peak Performance in Weighted TeraFLOPS. This rule corrects the availability of the license exception for technology and software under restriction for specified "software" and "technology" for computers. These additional changes are intended to correct the scope of the license exception in certain Export Control Classification Numbers that were unintentionally narrowed by the rule published on March 22, 2007. In addition, this rule corrects a reference to a nonexistent Export Control Classification Number found in specified "technology" for computers. [72 FR 31450]

Conservation Of Power And Water Resources 18 CFR 1-399
Part 40 - This document contains corrections to the preamble of the Commission's Final Rule, which was published in the Federal Register of Wednesday, April 4, 2007 (72 FR 16,416). The Final Rule established mandatory Reliability Standards for the Bulk-Power System. The Government Accountability Office has determined that, pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(3)(A), the effective date of the Final Rule is June 18, 2007, rather than June 4, 2007. [72 FR 31452]

Foreign Relations 22 CFR 1-299
Part 121 - The Department of State is amending the International Traffic in Arms Regulations (ITAR) by revising Note (1)(i) of U.S. Munitions List (USML) Category VIII(e) to add the term "primary" to references to a commercial standby instrument system. As a result, Category XII(d) and Category VIII(e) do not include quartz rate sensors if such items are integrated into and included as an integral part of a commercial primary or standby instrument system for use on civil aircraft prior to export or exported solely for integration into such systems. After this exclusion was instituted in 2004 for such standby systems, it became apparent that some primary systems also include the subject quartz rate sensors. [72 FR 31452]

Occupational Safety and Health Administration 29 CFR 1900-1910; 1990
Part 1910 - This Notice constitutes the Occupational Safety and Health Administration's official interpretation and explanation of the phrase "on site in one location" in the "Application" section of OSHA's Process Safety Management of Highly Hazardous Chemicals standard. ("PSM"). [72 FR 31453]

Parks, Forests, And Public Property 36 CFR 200-299
Part 223 - The Department of Agriculture (USDA) is publishing amendments to the Code of Federal Regulations (CFR) as a final rule. USDA amends its regulations to reflect the legal termination of the Agriculture Board of Contract Appeals (AGBCA) and the creation of a new consolidated Civilian Board of Contract Appeals (CBCA). Additionally, with respect to appeals heard by the AGBCA other than Contract Disputes Act appeals, the AGBCA transfers or eliminates certain appeal procedures as a result of the termination of the AGBCA. USDA eliminates the appeals of procurement suspension and debarment, as well as the appeals of export violation debarment determinations under the Forest Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), and transfers jurisdiction to hear Federal Crop Insurance Corporation (FCIC) and Contract Work Hours and Safety Standards appeals to the new consolidated CBCA. [72 FR 31437]

Air Programs 40 CFR 1-69
Part 52 - Section 172(c)(1) of the Clean Air Act (CAA) requires areas that are not attaining a National Ambient Air Quality Standard (NAAQS) to reduce emissions from existing sources by adopting, at a minimum, reasonably available control technology (RACT). EPA has established source categories for which RACT must be implemented. If no major sources of volatile organic compound (VOC) emissions in a particular source category exist in a nonattainment area, a State may submit a negative declaration for that category. Texas submitted a State Implementation Plan (SIP) revision which included negative declarations for certain source categories in the El Paso 1-hour ozone standard nonattainment area. EPA previously approved the State's declaration that no major sources existed for 9 source categories in the El Paso area. In the approval EPA neglected to approve the negative declaration for the synthetic organic chemical manufacturing industry (SOCMI) batch processing category in the El Paso area. EPA is approving this negative declaration for the El Paso 1-hour ozone standard nonattainment area. [72 FR 31457]

Emergency Management And Assistance 44 CFR 0-499
Part 65 - The Federal Emergency Management Agency (FEMA) removes the interim change in flood elevation determination published at 72 FR 271 on January 4, 2007 for the Unincorporated areas of Frederick County, Maryland, Case No. 06-03-B384P, Community Number 240027. [72 FR 31460]

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 31461]

Emergency Management And Assistance 44 CFR 0-499
Part 65 - This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. [72 FR 31463]

Emergency Management And Assistance 44 CFR 0-499
Part 65 - This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. [72 FR 31466]

Telecommunication 47 CFR 70-79
Part 73 - The staff approves the withdrawal of a petition for reconsideration in this FM allotment rulemaking proceeding and finds no reason for further consideration of the matters raised therein. [72 FR 31471]

Federal Acquisition Regulations System 48 CFR Chapters 3 to 6
Parts 409, 432, and 433 - The Department of Agriculture (USDA) is publishing amendments to the Code of Federal Regulations (CFR) as a final rule. USDA amends its regulations to reflect the legal termination of the Agriculture Board of Contract Appeals (AGBCA) and the creation of a new consolidated Civilian Board of Contract Appeals (CBCA). Additionally, with respect to appeals heard by the AGBCA other than Contract Disputes Act appeals, the AGBCA transfers or eliminates certain appeal procedures as a result of the termination of the AGBCA. USDA eliminates the appeals of procurement suspension and debarment, as well as the appeals of export violation debarment determinations under the Forest Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), and transfers jurisdiction to hear Federal Crop Insurance Corporation (FCIC) and Contract Work Hours and Safety Standards appeals to the new consolidated CBCA. [72 FR 31437]

Wildlife And Fisheries 50 CFR 600-END
Part 679 - NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA. [72 FR 31472]

Wildlife And Fisheries 50 CFR 600-END
Part 635 - This final rule amends regulations governing the North Atlantic swordfish fishery to provide additional opportunities for U.S. vessels to more fully utilize the U.S. North Atlantic swordfish quota, in recognition of the improved stock status of the species. The U.S. North Atlantic swordfish quota is derived from the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). For the past several years, the United States has not fully harvested its available North Atlantic swordfish quota. This final rule will increase swordfish retention limits for Incidental swordfish permit holders, and modify recreational swordfish retention limits for HMS Charter/Headboat (CHB) and Angling category permit holders. It will also modify HMS limited access vessel upgrading restrictions for vessels concurrently issued certain HMS permits. These actions are necessary to address persistent underharvests of the domestic North Atlantic swordfish quota, while continuing to minimize bycatch to the extent practicable, so that swordfish are harvested in a sustainable, yet economically viable manner. [72 FR 31688]

Changes to the Federal Register for June 6, 2007

2007-06-06T06:47:00.000-07:00

Nuclear Regulatory Commission 10 CFR 0-199
Parts 170 and 171 - The Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2007, less the amounts appropriated from the Nuclear Waste Fund (NWF) and for Waste Incidental to Reprocessing (WIR) activities and generic homeland security activities. The required fee recovery amount for the FY 2007 budget is approximately $669.2 million. After accounting for carryover and billing adjustments, the net amount to be recovered is approximately $670.5 million. [72 FR 31402]

Customs Duties 19 CFR 0-140
Part 12 - This document amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on archaeological material and certain ethnological materials originating in Peru which were imposed by Treasury Decision (T.D.) 97-50 and extended by T.D. 02-30. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this second extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 97-50 contains the Designated List of archaeological and ethnological materials that describes the articles to which the restrictions apply. [72 FR 31176]

Animal Drugs, Feed and Related Products 21 CFR 500-599
Part 510 - The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Div. of Pfizer, Inc. The supplemental NADA provides for revising nomenclature for two bovine respiratory pathogens on labeling for spectinomycin sulfate injectable solution. [72 FR 31177]

Judicial Administration 28 CFR 43-END
Part 511 - In this document, the Bureau of Prisons (Bureau) finalizes regulations on searching and detaining or arresting non-inmates. This revision reorganizes current regulations and makes changes that subject non-inmates to pat searches, either as random searches or based upon reasonable suspicion, as a condition of entry to a Bureau facility. [72 FR 31178]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone near Kenosha Harbor, Kenosha, Wisconsin. This zone is intended to control the movement of vessels on portions of Lake Michigan and Great Lakes Naval Training Center Harbor during the Spill of National Significance (SONS) exercise on June 19 and 20, 2007. This zone is necessary to protect the public from the hazards associated with ships and boats deploying oil containment equipment. [72 FR 31181]

Air Programs 40 CFR 1-69
Part 52 - EPA is finalizing its findings that the Phoenix Planning Area (Phoenix nonattainment area) and the Owens Valley Planning Area (Owens Valley nonattainment area) did not attain the 24-hour National Ambient Air Quality Standard (NAAQS) for particulate matter of 10 microns or less (PM-10) by the deadline mandated in the Clean Air Act (CAA or the Act), December 31, 2006. These findings are based on monitored air quality data for the PM-10 NAAQS from 2004 through September 2006. [72 FR 31183]

Radiation Protection; Noise Abatement; Ocean Dumping; Solid Wastes 40 CFR 190-299
Part 261 - EPA is granting a petition submitted by the Ford Motor Company Kansas City Assembly Plant (Ford) to exclude (or delist) a wastewater treatment plant (WWTP) sludge generated by Ford in Claycomo, Missouri, from the lists of hazardous wastes. This final rule responds to the petition submitted by Ford to delist F019 WWTP sludge generated from the facility's waste water treatment plant. [72 FR 31185]

Telecommunication 47 CFR 0-19
Part 2 - This document responds to two petitions concerning the rules adopted in the Report and Order in this proceeding ("Cognitive Radio Report and Order"). The Commission granted a petition for clarification filed by Cisco Systems, Inc. ("Cisco") requesting that the Commission clarify the requirement to approve certain devices as software defined radios, and its policy on the confidentiality of software that controls security measures in software defined radios. The Commission also granted in part and denied in part a petition for reconsideration filed by Marcus Spectrum Solutions ("MSS") requesting that the Commission clarify the rules concerning the submission of radio software source code, clarify the rules concerning the certification of software defined amateur radio equipment, and initiate a further proceeding to adopt regulatory requirements for high-power, high-speed digital-to-analog (D/A) converters. [72 FR 31190]

Telecommunication 47 CFR 20-39
Parts 20 and 80 - In this document, the Federal Communications Commission (Commission or FCC) amends its rules to afford licensees of VHF Public Coast (VPC) stations and Automated Maritime Telecommunications System (AMTS) stations additional operational flexibility to provide service to units on land. Specifically, the Commission adopts rule changes to permit VPC and AMTS licensees to offer private correspondence service to units on land, i.e., private land mobile radio (PLMR) service, in addition to the public correspondence service they already are authorized to provide to units on land. These rule amendments will enable VPC and AMTS licensees to compete more effectively against other commercial mobile radio service providers; facilitate more efficient use of VPC and AMTS spectrum; and provide an additional means to meet growing demand for spectrum by PLMR licensees and end users, including public safety and critical infrastructure industry entities. The Commission also believes that the core purpose for which these frequencies have been allocated is to serve the communications needs of marine vessels, especially with respect to communications in support of the safety of life and property at sea and on inland waterways. [72 FR 31192]

Telecommunication 47 CFR 80-END
Parts 20 and 80 - In this document, the Federal Communications Commission (Commission or FCC) amends its rules to afford licensees of VHF Public Coast (VPC) stations and Automated Maritime Telecommunications System (AMTS) stations additional operational flexibility to provide service to units on land. Specifically, the Commission adopts rule changes to permit VPC and AMTS licensees to offer private correspondence service to units on land, i.e., private land mobile radio (PLMR) service, in addition to the public correspondence service they already are authorized to provide to units on land. These rule amendments will enable VPC and AMTS licensees to compete more effectively against other commercial mobile radio service providers; facilitate more efficient use of VPC and AMTS spectrum; and provide an additional means to meet growing demand for spectrum by PLMR licensees and end users, including public safety and critical infrastructure industry entities. The Commission also believes that the core purpose for which these frequencies have been allocated is to serve the communications needs of marine vessels, especially with respect to communications in support of the safety of life and property at sea and on inland waterways. [72 FR 31192]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has allocated zero trips to the Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP) during the 2007 fishing year (FY) (i.e., May 1, 2007, through April 30, 2008). The Regional Administrator has determined that the available catch of Georges Bank (GB) yellowtail flounder is insufficient to support a minimum level of fishing activity within the CA II Yellowtail Flounder SAP for FY 2007. The intent of this action is to help achieve optimum yield (OY) in the fishery by maximizing the utility of available GB yellowtail flounder total allowable catch (TAC) throughout FY 2007. [72 FR 31194]

Changes to the Federal Register for June 5, 2007

2007-06-05T04:52:00.000-07:00

Animal Drugs, Feed and Related Products 21 CFR 500-599
Part 510 - The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor address for Watson Laboratories, Inc. [72 FR 30970]

Foreign Relations 22 CFR 1-299
Part 9 - This rule makes final the Department's proposed rule published on January 3, 2007. The rule revises the Department's regulations governing the classification and declassification of national security information that is under the control of the Department in order to reflect changes in the provisions of a new executive order on national security information and consequent changes in the Department's procedures since the last revision of the Department's regulations on this subject. The Department received one non-substantive comment and proposes no changes to the proposed rule. The proposed rule is therefore adopted as final. [72 FR 30971]

Internal Revenue 26 CFR 1.401-1.440
Part 1 - This document contains corrections to final regulations (TD 9324) that were published in the Federal Register on Monday, April 30, 2007 (72 FR 21103) providing guidance concerning the taxation of distributions from designated Roth accounts under qualified cash or deferred arrangments under section 401(k). [72 FR 30974]

Internal Revenue 26 CFR 300-499
Part 301 - This document contains final regulations relating to the disclosure of returns and return information pursuant to section 6103(n) of the Internal Revenue Code (Code). The final regulations describe the circumstances under which officers or employees of the Treasury Department, a State tax agency, the Social Security Administration, or the Department of Justice, may disclose returns and return information to obtain property or services for tax administration purposes, pursuant to a written contract or agreement. The final regulations also set forth safeguard requirements that are designed to protect the confidentiality of returns and return information in the hands of contractors, agents, and subcontractors, and their officers and employees, and notification requirements that must be provided, in writing, to officers and employees of the contractors, agents, and subcontractors to inform them that any returns or return information they receive pursuant to these regulations may only be used for the purpose for which it is disclosed to them and that they are subject to the civil and criminal provisions of sections 7431, 7213, and 7213A for the unauthorized inspection or disclosure of the returns or return information. [72 FR 30974]

Money And Finance: Treasury 31 CFR 200-END
Part 363 - TreasuryDirect is an account-based, book-entry, online system for purchasing, holding, and conducting transactions in Treasury securities. An account owner currently accesses his or her account using a password to authenticate the account owner's identity. Treasury is now introducing additional customer-based authentication mechanisms for accessing accounts. This final rule provides Treasury the flexibility to require additional methods of authentication for the protection of customer accounts. Treasury is also strengthening its ability to respond to attempted fraud and abuse of TreasuryDirect. Currently, Treasury has the authority to close any account. This rule explicitly permits Treasury to liquidate the securities held in the account to be closed and pay the proceeds to the person entitled. [72 FR 30977]

Wildlife And Fisheries 50 CFR 1-199
Part 22 - We, the U.S. Fish and Wildlife Service (the Service), are codifying a definition of "disturb" under the Bald and Golden Eagle Protection Act (Eagle Act). Given that the Eagle Act's prohibition against disturbance applies to both bald and golden eagles, the definition will apply to golden eagles (Aquila chrysaetos) as well as bald eagles (Haliaeetus leucocephalus). [72 FR 30977]

Changes to the Federal Register for June 4, 2007

2007-06-04T05:17:00.000-07:00

Aeronautics And Space 14 CFR 60-139
Parts 121 and 135 - On April 20, 2007, the FAA published in the Federal Register a direct final rule entitled Change in Extinguishing Agent Container Requirements. The rule aligned the operational and certification requirements regarding airplane extinguishing agent containers or fire bottles; and it removed an obsolete section reference from part 135. This action withdraws the rule because the FAA received several adverse comments. [72 FR 30946]

Commerce And Foreign Trade 15 CFR 0-299
Part 280 - The Director of the National Institute of Standards and Technology (NIST), United States Department of Commerce, and the Director of the United States Patent and Trademark Office (USPTO), United States Department of Commerce, are amending the rules that implement the Fastener Quality Act of 1999 to provide that all documents submitted in connection with the recordal of fastener insignia must be mailed to a particular postal box maintained by United States Patent and Trademark Office. [72 FR 30703]

Air Programs 40 CFR 1-69
Part 52 - EPA is clarifying its approval of revisions to the South Carolina State Implementation Plan (SIP), published in the Federal Register on December 7, 2006. EPA's action modified South Carolina's federally approved Regulation 61-62.1 "Definitions and General Requirements," by revising the definition of Volatile Organic Compounds (VOC). This action merely clarifies the list of compounds which are excluded from the definition of VOC. [72 FR 30704]

Public Health 42 CFR 1-399
Parts 136 and 489 - The Secretary of the Department of Health and Human Services (HHS) hereby issues this final rule establishing regulations required by section 506 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), (Pub. L. 108-173). Section 506 of the MMA amended section 1866 (a)(1) of the Social Security Act to add subparagraph (U) which requires hospitals that furnish inpatient hospital services payable under Medicare to participate in the contract health services program (CHS) of the Indian Health Service (IHS) operated by the IHS, Tribes, and Tribal organizations, and to participate in programs operated by urban Indian organizations that are funded by IHS (collectively referred to as I/T/Us) for any medical care purchased by those programs. Section 506 also requires such participation to be in accordance with the admission practices, payment methodology, and payment rates set forth in regulations established by the Secretary, including acceptance of no more than such payment rates as payment in full. [72 FR 30706]

Public Health 42 CFR 430-END
Parts 136 and 489 - The Secretary of the Department of Health and Human Services (HHS) hereby issues this final rule establishing regulations required by section 506 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), (Pub. L. 108-173). Section 506 of the MMA amended section 1866 (a)(1) of the Social Security Act to add subparagraph (U) which requires hospitals that furnish inpatient hospital services payable under Medicare to participate in the contract health services program (CHS) of the Indian Health Service (IHS) operated by the IHS, Tribes, and Tribal organizations, and to participate in programs operated by urban Indian organizations that are funded by IHS (collectively referred to as I/T/Us) for any medical care purchased by those programs. Section 506 also requires such participation to be in accordance with the admission practices, payment methodology, and payment rates set forth in regulations established by the Secretary, including acceptance of no more than such payment rates as payment in full. [72 FR 30706]

Wildlife And Fisheries 50 CFR 200-599
Part 300 - NMFS publishes this final rule to implement the 2007 management measures to reduce overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks in 2007, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The U.S. purse seine fishery for yellowfin, bigeye, and skipjack tunas in the ETP will be closed for a 6-week period beginning August 1, 2007, through September 11, 2007. The longline fishery for bigeye tuna will close when a 500 metric ton (mt) limit has been reached. These actions are taken to limit fishing mortality caused by purse seine fishing and longline fishing in the ETP and contribute to long-term conservation of the tuna stocks at levels that support healthy fisheries. [72 FR 30711]

Wildlife And Fisheries 50 CFR 200-599
Part 300 - NMFS issues a final rule to restrict the harvest of halibut by persons fishing on a guided sport charter vessel in International Pacific Halibut Commission (IPHC) Regulatory Area 2C. The current sport fishing catch or bag limit of two halibut per day is changed for a person sport fishing on a charter vessel in Area 2C. The final rule would require at least one of the two fish taken in a day to be no more than 32 inches (81.3 cm) in length. This regulatory change is necessary to reduce the halibut harvest in the charter vessel sector while minimizing negative impacts on this sector, its sport fishing clients, and the coastal communities that serve as home ports for the fishery. The intended effect of this action is a reduction in the poundage of halibut harvested by the guided sport charter vessel sector in Area 2C. [72 FR 30714]

Changes to the Federal Register for June 1, 2007

2007-06-01T06:07:00.000-07:00

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 27-52
Part 28 - The Agricultural Marketing Service (AMS) will maintain user fees for cotton producers for 2007 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2006. The fee is calculated in accordance with the formula provided in the Uniform Cotton Classing Fees Act of 1987. The 2006 user fee for this classification service was $1.85 per bale. This rule would maintain the fee for the 2007 crop at $1.85 per bale. The fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision. [72 FR 30457]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 301 - We are amending the emerald ash borer regulations by adding Prince George's County, MD, to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from that county is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from Prince George's County, MD, into noninfested areas of the United States. [72 FR 30458]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 319 - We are amending the regulations for the importation of unmanufactured wood articles to bring the methyl bromide treatment schedule into alignment with current international phytosanitary standards. This action is necessary because international phytosanitary standards have changed and the regulations need to be updated to reflect current standards. [72 FR 30460]

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 300-399
Part 319 - We are establishing regulations to prohibit or restrict the importation of certain articles from Canada that present a risk of being infested with emerald ash borer. This action is necessary to prevent the artificial spread of this plant pest from infested areas in Canada to noninfested areas of the United States and to prevent further introductions of this plant pest into the United States. [72 FR 30462]

Animals And Animal Products 9 CFR 1-199
Part 94 - We are amending the regulations for importing animals and animal products by adding the Mexican State of Nayarit to the list of regions considered free of classical swine fever (CSF). We are also adding Nayarit to the list of CSF-free regions whose exports of live swine, pork, and pork products to the United States must meet certain certification requirements to ensure their freedom from CSF. These actions relieve restrictions on the importation into the United States of pork, pork products, live swine, and swine semen from Nayarit while continuing to protect against the introduction of this disease into the United States. [72 FR 30468]

Banks And Banking 12 CFR 200-219
Part 215 - The Board is adopting amendments to the Board's Regulation O to eliminate certain reporting requirements. These amendments implement section 601 of the Financial Services Regulatory Relief Act of 2006. [72 FR 30470]

Banks And Banking 12 CFR 500-599
Part 551 - Office of Thrift Supervision (OTS) regulations, at 12 CFR 551.150(a), currently require certain officers and employees of savings associations to file reports of their personal securities transactions with the savings association within ten business days after the end of each calendar quarter. In this interim final rule, OTS is amending 12 CFR 551.150(a) to provide that such reports must be filed no later than 30 calendar days after the end of each calendar quarter. As a result of this amendment, the time period for officers and employees of savings associations to file the report will be consistent with the time period for persons in similar positions at investment companies to file such reports under regulations promulgated by the Securities and Exchange Commission (SEC). [72 FR 30473]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing temporary special local regulations for the "Carolina Cup Regatta", a power boat race to be held on the waters of the Pasquotank River, Elizabeth City, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions on the Pasquotank River adjacent to Elizabeth City, North Carolina during the power boat race. [72 FR 30477]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing special local regulations during the "Plymouth Drag Boat Race Series", a series of power boat races to be held on the waters of the Roanoke River, Plymouth, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Roanoke River adjacent to Plymouth, North Carolina during the power boat race. [72 FR 30479]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Coast Guard is removing the existing drawbridge operation regulation for the draw of the Daggett Road drawbridge across Burns Cutoff, mile 3.0, at Stockton, California. The existing bridge has been removed from service and is being kept in the open-to-navigation position until its removal in the fall of 2007. A fixed replacement bridge has been constructed on the same alignment, therefore the regulation controlling the opening and closing of the drawbridge is no longer necessary. [72 FR 30481]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the California Route 12 Drawbridge across the Mokelumne River, mile 3.0, near Isleton, CA. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to perform scheduled roadway maintenance. This deviation allows the bridge to remain in the closed-to-navigation position Monday through Thursday, 7 p.m. to 6 a.m., Saturdays 12:01 a.m. to 6 a.m., and Sundays 10 p.m. to 6 a.m. [72 FR 30483]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the upper Niagara River by Gratwick Riverside Park in North Tonawanda, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with a powerboat race. This safety zone restricts vessel traffic from a portion of the Niagara River at Gratwick Riverside Park, North Tonawanda, NY. [72 FR 30483]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Richmond-Petersburg nonattainment area (herein referred to as the "Richmond Area" or the "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Richmond Area that provides for continued attainment of the 8-hour ozone NAAQS for the next 11 years, until 2018. Concurrently, EPA is approving the Commonwealth's maintenance plan for the 8-hour ozone standard. EPA is not taking final action in this rulemaking on the Commonwealth's request that the 8-hour maintenance plan supersede the previous maintenance plan for the 1-hour standard. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Richmond 8-hour maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is also approving the 2002 base year emissions inventory for the Area. EPA is approving the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 30485]

Air Programs 40 CFR 1-69
Parts 52 and 81 - EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Norfolk-Virginia Beach-Newport News (Hampton Roads) nonattainment area (herein referred to as the "Hampton Roads Area" or the "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Hampton Roads Area that provides for continued attainment of the 8-hour ozone NAAQS for the next 11 years, until 2018. Concurrently, EPA is approving the Commonwealth's request that the 8-hour maintenance plan supersede the previous 1-hour maintenance plan. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Hampton Roads 8-hour maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is also approving the 2002 base year emissions inventory for the Area. EPA is approving the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 30490]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Richmond-Petersburg nonattainment area (herein referred to as the "Richmond Area" or the "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Richmond Area that provides for continued attainment of the 8-hour ozone NAAQS for the next 11 years, until 2018. Concurrently, EPA is approving the Commonwealth's maintenance plan for the 8-hour ozone standard. EPA is not taking final action in this rulemaking on the Commonwealth's request that the 8-hour maintenance plan supersede the previous maintenance plan for the 1-hour standard. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Richmond 8-hour maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is also approving the 2002 base year emissions inventory for the Area. EPA is approving the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 30485]

Air Programs II 40 CFR 70-99
Parts 52 and 81 - EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Norfolk-Virginia Beach-Newport News (Hampton Roads) nonattainment area (herein referred to as the "Hampton Roads Area" or the "Area") be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Hampton Roads Area that provides for continued attainment of the 8-hour ozone NAAQS for the next 11 years, until 2018. Concurrently, EPA is approving the Commonwealth's request that the 8-hour maintenance plan supersede the previous 1-hour maintenance plan. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Hampton Roads 8-hour maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is also approving the 2002 base year emissions inventory for the Area. EPA is approving the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). [72 FR 30490]

Wildlife And Fisheries 50 CFR 600-END
Part 648 - NMFS issues this final rule to implement recreational management measures for the 2007 summer flounder fishery and to notify the public that the recreational management measures for the scup and black sea bass fisheries remain the same as in 2006. The actions of this final rule are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources. [72 FR 30492]

Changes to the Federal Register for May 31, 2007

2007-05-31T06:59:00.000-07:00

Grants And Agreements 2 CFR 1-END
Part 801 - The Department of Veterans Affairs (VA) is moving its regulations on nonprocurement debarment and suspension from title 38, Code of Federal Regulations (CFR), to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB) in its interim final guidance on nonprocurement debarment and suspension, and OMB's final guidance on those matters. Accordingly, in this final rule, VA adopts OMB's guidance and consolidates it with VA's supplemental nonprocurement debarment and suspension provisions, which are codified at 38 CFR part 44. This rule removes part 44 and makes conforming changes to other 38 CFR provisions. This regulatory action is a government-wide administrative initiative for purposes of simplification and clarity, and makes no substantive changes to VA's policy or procedures for nonprocurement debarment and suspension. [72 FR 30239]

Grants And Agreements 2 CFR 1-END
Part 3513 - The Export-Import Bank of the United States (Ex-Im Bank) is establishing a new Part 3513 in 2 CFR that adopts the Office of Management and Budget's (OMB's) guidance in 2 CFR part 180, as supplemented by this new part, as Ex-Im Bank policies and procedures for nonprocurement debarment and suspension. Ex-Im Bank is also removing 12 CFR part 413, the part containing Ex-Im Bank's implementation of the government-wide common rule on nonprocurement debarment and suspension. 2 CFR part 3513 would serve the same purpose as the common rule in a simpler way. These changes constitute an administrative simplification that would make no substantive change in Ex-Im Bank policy or procedures for nonprocurement debarment and suspension. [72 FR 30243]

Banks And Banking 12 CFR 300-499
Part 413 - The Export-Import Bank of the United States (Ex-Im Bank) is establishing a new Part 3513 in 2 CFR that adopts the Office of Management and Budget's (OMB's) guidance in 2 CFR part 180, as supplemented by this new part, as Ex-Im Bank policies and procedures for nonprocurement debarment and suspension. Ex-Im Bank is also removing 12 CFR part 413, the part containing Ex-Im Bank's implementation of the government-wide common rule on nonprocurement debarment and suspension. 2 CFR part 3513 would serve the same purpose as the common rule in a simpler way. These changes constitute an administrative simplification that would make no substantive change in Ex-Im Bank policy or procedures for nonprocurement debarment and suspension. [72 FR 30243]

Banks And Banking 12 CFR 600-END
Parts 701, 703, 707, 710, 722, 723, and 742 - NCUA is amending a number of its regulations by making minor technical corrections, clarifications and grammatical changes. Among those amendments is the addition of a cross-reference between two regulations addressing credit union borrowing authority; addition of a statement in the provision on insurance coverage for volunteer officials to note, when a federal credit union (FCU) cancels coverage, it must comply with any other applicable laws allowing an official to continue coverage at his or her own expense; and clarification that indemnification for dual employees is limited to activities on behalf of the FCU. NCUA is also removing certain regulatory references to NCUA's FCU Bylaws that are no longer accurate due to revisions to the Bylaws. The amendments generally are improvements alerting users to other relevant provisions, responsibilities, or limitations. [72 FR 30245]

Commerce And Foreign Trade 15 CFR 0-299
Part 4 - The Department of Commerce (Commerce) publishes this action to finalize its interim final rule that established the date that the Department uses in identifying those records that it may consider when responding to a Freedom of Information Act request. The Department takes this action pursuant to a court order that enjoined it from further use of its regulations. [72 FR 30258]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is temporarily establishing special local regulations for "Sail Virginia 2007" marine event. This action is necessary to provide for the safety of life on navigable waters before, during, and after Sail Virginia 2007 activities. This special local regulation is intended to restrict vessel traffic in the vicinity of the tall ship parade as the parade transits the Chesapeake Bay, Hampton Roads, the James and Elizabeth Rivers and Norfolk Harbor. [72 FR 30258]

Navigation And Navigable Waters 33 CFR 1-124
Part 100 - The Coast Guard is establishing special local regulations during the "Ocean City Maryland Offshore Challenge", a power boat race to be held on the waters of the Atlantic Ocean adjacent to the shoreline at Ocean City, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the regulated area during the power boat race. [72 FR 30261]

Navigation And Navigable Waters 33 CFR 1-124
Part 117 - The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operations of the Burlington Northern Santa Fe Railroad Bridge, Mile 88.8, at Beardstown, Illinois across the Illinois Waterway. The deviation is necessary to allow time for replacement of rail ties which only can be done when the bridge is in the closed-to-navigation position. This deviation allows the bridge to remain closed-to-navigation during a 4-hour interval each day for eight days in a two week period. [72 FR 30263]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard has established a temporary safety zone on Baileys Harbor, Baileys Harbor, WI. This zone is intended to restrict vessels from a portion of Baileys Harbor during the Baileys Harbor July 5, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. [72 FR 30264]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone in Kenosha Harbor at the east end of the south pier. This zone is intended to restrict vessels from portions of Lake Michigan and Kenosha Harbor during a fireworks display on August 11, 2007. This zone is necessary to protect the public from the hazards associated with fireworks displays. [72 FR 30266]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone upon certain waters of the Patuxent River during a fireworks display. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge, located near Solomons, in Calvert County, Maryland. This action will restrict vessel traffic in a portion of the Patuxent River. [72 FR 30268]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing temporary, moving safety zones on the navigable waters of the San Francisco Bay and Delta Region to contribute to the safety of the boating public where whales have been sighted swimming up river from the San Francisco Bay. These safety zones are established to ensure the safety of persons and vessels from hazards, injury, and damage associated with higher-than-normal levels of recreational boating traffic on the water as individuals attempt to view the whales. 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 30270]

Pensions, Bonuses, And Veterans' Relief 38 CFR 18-END
Parts 36, 39, 44, 48, 49, and 51 - The Department of Veterans Affairs (VA) is moving its regulations on nonprocurement debarment and suspension from title 38, Code of Federal Regulations (CFR), to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB) in its interim final guidance on nonprocurement debarment and suspension, and OMB's final guidance on those matters. Accordingly, in this final rule, VA adopts OMB's guidance and consolidates it with VA's supplemental nonprocurement debarment and suspension provisions, which are codified at 38 CFR part 44. This rule removes part 44 and makes conforming changes to other 38 CFR provisions. This regulatory action is a government-wide administrative initiative for purposes of simplification and clarity, and makes no substantive changes to VA's policy or procedures for nonprocurement debarment and suspension. [72 FR 30239]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a request to amend the Missouri State Implementation Plan (SIP) to include the base year inventory for the Missouri portion of the St. Louis 8-hour ozone national ambient air quality standard (NAAQS) nonattainment area and a demonstration of Missouri's emissions statement authority. The Missouri portion of the St. Louis nonattainment area consists of the City of St. Louis and Franklin, Jefferson, St. Charles and St. Louis Counties. The nonattainment area also includes four counties in Illinois. This amendment would fulfill Missouri's obligation, as a moderate nonattainment area, to submit a base year inventory for the 8-hour ozone NAAQS and to demonstrate adequate authority to address the emissions statement requirement as required under Section 182(a)(1) and Section 182(a)(3)(B) of the Clean Air Act, respectively. [72 FR 30272]

Air Programs 40 CFR 1-69
Part 52 - EPA is approving a State Implementation Plan (SIP) for the purpose of revising the general emission rate for particulate matter. [72 FR 30275]

Federal Acquisition Regulations System 48 CFR 201-299
Parts 209, 215, 225, 249, and 252 - DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update organization names and to add references to the DFARS companion resource, Procedures, Guidance, and Information. [72 FR 30278]

Wildlife And Fisheries 50 CFR 1-199
Part 17 - We, the U.S. Fish and Wildlife Service (Service) provide a clarification of the economic and non-economic exclusions under section 4(b)(2) of the Endangered Species Act of 1973, as amended (Act), in support of the final designation of critical habitat for four vernal pool crustaceans and eleven vernal pool plants in California and Southern Oregon. We are taking this action in response to a court order. This clarification does not change the areas designated as critical habitat for the 15 vernal pool species. [72 FR 30279]

Wildlife And Fisheries 50 CFR 600-END
Part 635 - NMFS has determined that the Atlantic tunas General and Highly Migratory Species (HMS) Angling categories daily Atlantic bluefin tuna (BFT) retention limits should be adjusted for the 2007 fishing year, which begins on June 1, 2007, and ends December 31, 2007. The adjustment will allow for maximum utilization of the General category June through August time-period subquota, and will enhance recreational BFT fishing opportunities aboard HMS Angling and Charter/Headboat vessels in the early portion of the season. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial and recreational fishing opportunities in all areas without risking overharvest of the General and Angling category quotas. [72 FR 30297]