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Federal Register / Vol. 73, No.

13 / Friday, January 18, 2008 / Rules and Regulations 3387

3. SC 23.1199—Add the requirements DEPARTMENT OF HEALTH AND SUMMARY: The Equal Employment
of § 23.1199 while deleting the phrase, HUMAN SERVICES Opportunity Commission is eliminating
‘‘For commuter category airplanes.’’ three bases for dismissal of charges in
Food and Drug Administration its procedural regulations because they
23.1199, Extinguishing Agent are no longer needed to accomplish the
Containers 21 CFR Part 1271 Commission’s case management goals.
The following applies: DATES: Effective Date: February 19, 2008
Human Cells, Tissues, and Cellular and
FOR FURTHER INFORMATION CONTACT:
(a) Each extinguishing agent container Tissue-Based Products
Thomas J. Schlageter, Assistant Legal
must have a pressure relief to prevent Counsel, or Mona Papillon, Senior
CFR Correction
bursting of the container by excessive General Attorney, at (202) 663–4640
internal pressures. In Title 21 of the Code of Federal
(voice) or (202) 663–7026 (TTY). Copies
Regulations, Parts 800 to 1299, revised
(b) The discharge end of each of this final rule are also available in the
as of April 1, 2007, in part 1271, on page
discharge line from a pressure relief following alternate formats: Large print,
718, § 1271.22 is reinstated to read as braille, audiotape and electronic file on
connection must be located so that follows:
discharge of the fire-extinguishing agent computer disk. Requests for this notice
would not damage the airplane. The line § 1271.22 How and where do I register and in an alternative format should be made
must also be located or protected to submit an HCT/P list? to EEOC’s Publication Center at 1–800–
prevent clogging caused by ice or other (a) You must use Form FDA 3356 for: 669–3362 (voice) or 1–800–800–3302
foreign matter. (1) Establishment registration, (TTY).
(c) A means must be provided for (2) HCT/P listings, and SUPPLEMENTARY INFORMATION: Prior to
(3) Updates of registration and HCT/ 1977, the Commission’s procedural
each fire extinguishing agent container
P listing. regulations only authorized dismissal
to indicate that the container has
(b) You may obtain Form FDA 3356: when the Commission issued a no cause
discharged or that the charging pressure (1) By writing to the Center for determination, a charge was untimely,
is below the established minimum Biologics Evaluation and Research or a charge failed to state a claim. In
necessary for proper functioning. (HFM–775), Food and Drug 1977, the Commission adopted three
(d) The temperature of each container Administration, 1401 Rockville Pike, additional bases for dismissal in order
must be maintained, under intended Rockville, MD 20852–1448, Attention: to resolve charges that were timely and
operating conditions, to prevent the Tissue Establishment Registration stated a claim, but where the
pressure in the container from— Coordinator; Commission was unable to issue a
(1) Falling below that necessary to (2) By contacting any Food and Drug determination on the merits for various
Administration district office; reasons. These three bases are currently
provide an adequate rate of discharge; or
(3) By calling the CBER Voice set out in § 1601.18(b) through (d).
(2) Rising high enough to cause Information System at 1–800–835–4709 Paragraph (b) permits dismissal when
premature discharge. or 301–827–1800; or the charging party fails to cooperate.
(e) If a pyrotechnic capsule is used to (4) By connecting to http:// Paragraph (c) permits dismissal when
discharge the fire extinguishing agent, www.fda.gov/opacom/morechoices/ the charging party cannot be located.
each container must be installed so that fdaforms/cber.html on the Internet. Paragraph (d) permits dismissal when
temperature conditions will not cause (c)(1) You may submit Form FDA the charging party refuses to accept an
hazardous deterioration of the 3356 to the Center for Biologics offer of full relief for the harm alleged
pyrotechnic capsule. Evaluation and Research (HFM–775), in the charge.
Food and Drug Administration, 1401 In 1995, the Commission adopted
4. SC 23.1201—Add the requirements Rockville Pike, Rockville, MD 20852– Priority Charge Handling Procedures
of § 23.1201 while deleting the phrase, 1448, Attention: Tissue Establishment (PCHP) to facilitate flexibility and
‘‘For commuter category airplanes.’’ Registration Coordinator; or permit more strategic use of resources.
23.1201, Fire Extinguishing System (2) You may submit Form FDA 3356 Among other things, PCHP authorized
Materials electronically through a secure web field offices to issue final
server at http://www.fda.gov/cber/ determinations when further
The following apply: tissue/tisreg.htm. investigation was not likely to lead to
(a) No material in any fire [69 FR 68681, Nov. 24, 2004] evidence establishing a violation of the
[FR Doc. 08–55500 Filed 1–17–08; 8:45 am] employment discrimination statutes.
extinguishing system may react
Thus, § 1601.18(b) through (d) are no
chemically with any extinguishing agent BILLING CODE 1505–01–D
longer needed to accomplish the
so as to create a hazard. Commission’s case management goals.
(b) Each system component in an Their elimination is also consistent with
engine compartment must be fireproof. EQUAL EMPLOYMENT OPPORTUNITY EEOC’s procedural regulations
COMMISSION governing the Age Discrimination in
Issued in Kansas City, Missouri on January
7, 2008. 29 CFR Part 1601 Employment Act and the Equal Pay Act
which do not contain the dismissal
John Colomy, RIN 3046–AA83 bases of failure to cooperate, to locate,
Acting Manager, Small Airplane Directorate, and to accept full relief.
Aircraft Certification Service. Procedural Regulations Under Title VII In addition, the continued inclusion
rfrederick on PROD1PC67 with RULES

[FR Doc. E8–849 Filed 1–17–08; 8:45 am] and ADA of these dismissal bases in the
BILLING CODE 4910–13–P
AGENCY: Equal Employment regulations is causing unnecessary
Opportunity Commission. confusion. There is a split in the courts
regarding the proper interpretation of
ACTION: Final rule.
paragraphs (b) through (d). Compare

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