July 11, 2008 – Federal Register Recent Federal Regulation Documents

The Postal Regulatory Commission published a document in the Federal Register on June 25, 2008 seeking comments on a plan for service performance measurement and reporting systems for market dominant products. The document contained several errors the Commission wishes to correct.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, this notice announces the Department of Transportation's (DOT) intention to request extension of a previously approved information collection.

This action adds to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a service previously furnished by such agencies.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Alaska Resource Advisory Council will meet as indicated below.

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Coke Oven Emissions Standard (29 CFR 1910.1029).

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Surveillance and Detention Without Physical Examination of Condoms.'' This guidance document provides information to FDA staff and industry about FDA's strategy for addressing further imports of condoms from manufacturers/shippers whose condoms have failed to meet FDA's minimum acceptable quality criteria. The guidance and the strategy are intended to help assure that condoms imported to the United States do not have defects that could compromise their effectiveness and present a health hazard to consumers who rely on condoms for protection from sexually transmitted diseases as well as for contraception.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Delta National Wildlife Refuge in Plaquemines Parish, Louisiana, and Breton National Wildlife Refuge in St. Bernard and Plaquemines Parishes, Louisiana, is available for distribution. This document was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. The Draft CCP/ EA describes the Service's proposal for management of the refuge for 15 years.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA policy and procedures (14 CFR Part 1216, Subpart 1216.3), NASA has made a Finding of No Significant Impact (FONSI) with respect to the disposition of the Space Shuttle Program's (SSP's) real and personal property using a structured process consisting of a coordinated series of actions. Under Presidential direction, NASA will cease operations of its SSP by 2010. A number of assets will be dispositioned during the transition and retirement (T&R) activities. NASA proposes to implement a structured process for the disposition of the SSP real and personal property consisting of a coordinated series of actions. SSP T&R activities would include potential retirement, transfer, and disposal of property. SSP property disposition activities would extend for several years beyond 2010. On January 14, 2004, President George W. Bush presented his Vision for U.S. Space Exploration (hereinafter ``the Vision'') to the nation. Congress expressly endorsed the President's exploration initiative and provided additional direction for the initiative in the NASA Authorization Act of 2005. In announcing the Vision, the President directed NASA to use the Space Shuttle to fulfill its obligation to complete assembly of the International Space Station and then retire the Space Shuttle by 2010. Under Presidential direction, NASA will cease operations of its SSP activities at all locations, including Kennedy Space Center (KSC), Florida; Johnson Space Center (JSC), Ellington Field (EF), and El Paso Forward Operating Location (EPFOL), Texas; Stennis Space Center (SSC), Mississippi; Michoud Assembly Facility (MAF), Louisiana; Marshall Space Flight Center (MSFC), Alabama; White Sands Test Facility (WSTF), New Mexico; Dryden Flight Research Center (DFRC) and Palmdale (Air Force Plant 42, Site 1), California; and the associated contractor facilities. The cessation of SSP operations will necessitate the disposition of all program-related assets. Public comments received on the Draft Programmatic Environmental Assessment (PEA) during the public review period conducted from February 27, 2008, through March 28, 2008, are provided along with responses in Appendix E of the Final PEA.

The National Oceanic and Atmospheric Administration (NOAA) publishes this notice to provide the general public with a consolidated source of program and application information related to its competitive grant and cooperative agreement (CA) award offerings for fiscal year (FY) 2009. This Omnibus notice is designed to replace the multiple Federal Register notices that traditionally advertised the availability of NOAA's discretionary funds for its various programs. It should be noted that additional program initiatives unanticipated at the time of the publication of this notice may be announced through subsequent Federal Register notices. All announcements will also be available through the Grants.gov Web site.

This final rule amends the Bureau of Indian Affairs regulation governing the Courts of Indian Offenses (otherwise known as CFR Courts) and the Law and Order Code. CFR Courts administer justice where Indian tribes retain exclusive jurisdiction over Indians but where tribal courts have not been established to exercise that jurisdiction. This final rule updates the list of Indian tribes for which Courts of Indian Offenses are established and for which the law and order provisions of the regulations apply. This final rule also clarifies jurisdictional limitations; adds offenses for drug abuse, abuse of psychotoxic substances, child abuse, prostitution, and family violence; and increases maximum penalties for various offenses.

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB 1024- 0018).

The FAA proposes to rule and invite public comment on the release of land at the Hondo Municipal Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

The Federal Aviation Administration (FAA) announces that it is reviewing a proposed noise compatibility program that was submitted for Meadows Field Airport under the provisions of 49 U.S.C. 47501 et seq. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR Part 150 by County of Kern, California. This program was submitted subsequent to a determination by FAA that associated noise exposure maps submitted under 14 CFR Part 150 for Meadows Field Airport were in compliance with applicable requirements, effective January 16, 2008, 73 FR 9401. The proposed noise compatibility program will be approved or disapproved on or before December 19, 2008.

Since 1949 the Department of State (Department) has designated private sector and governmental entities to conduct training programs for eligible foreign nationals. For the past twenty years, such programs have included flight training activities. Currently, eight organizations facilitate the entry into the United States of approximately 350 foreign nationals annually for the purpose of flight training under the aegis of the Exchange Visitor Program and its J- visa. Regulations dealing specifically with flight training programs appear at 22 CFR 62.22(o). These eight Department of State designated flight schools are also certified by the Department of Homeland Security (DHS) to issue the Form I-20, which is needed to obtain an M visa. Regulations governing the M visa appear at 8 CFR 214.2(m). DHS is also responsible for the security-related screening of all alien flight training candidates. Regulations governing flight training candidate screening appear at 49 CFR 1552. In January 2006, the Department issued a Statement of Policy on J-1 Flight Training Programs (71 FR 3913, January 24, 2006) providing notice that it would henceforth not designate any new J visa flight training program sponsors; nor would it allow currently- designated flight training programs to expand their programs, pending a determination as to which Federal agency ultimately would assume sole responsibility for administering and monitoring these programs. In April 2006, the Department published proposed modifications to its regulations governing the Exchange Visitor Program's trainee category, including flight training. In response to this proposed rule and by letter dated May 30, 2006, the Office of Advocacy of the Small Business Administration opined, that if adopted, the Department's proposed modifications to 22 CFR 62.22(o), could have significant impact on a substantial number of small entities, in particular, flight training schools that sponsor alien flight candidates entering the United States on the J visa. Given this comment, the Department did not modify then existing flight training regulations when it adopted its Interim Final rule (72 FR 33669, June 19, 2007). In December 2007, the Department published a Final Rule (72 FR 72245, December 20, 2007) that permits the termination of designated programs that the Department determines no longer further its public diplomacy mission or compromises the national security of the United States (22 CFR 62.62). In adopting this provision, the Department explained that the Exchange Visitor Program is the cornerstone of the Department's public diplomacy efforts and integral to the furtherance of the President's Constitutional prerogatives in conducting foreign affairs (72 FR 62112). Pursuant to this regulatory authority, the Department hereby determines that all flight training programs no longer further the public diplomacy mission of the Department, and accordingly, effective June 1, 2010, the Department will terminate the Exchange Visitor Program sponsor designations of all eight sponsors of flight training programs. The Department's decision to eliminate flight training from the Exchange Visitor Program is based on thorough consideration and deliberation. As explained in its January 2006 Statement of Policy, the Department does not have the expertise and resources to monitor fully flight training programs and ensure their compliance with the national security concerns that underlie the Patriot Act (Pub. L. 107-56). Further, the Aviation and Transportation Security Act of 2001 (49 U.S.C. 44939), assigns to the Attorney General discretion to request a wide variety of information from alien flight candidates in order to determine whether such flight candidates present a threat to aviation or national security. In light of this statutory directive, DHS issued an Interim Final Rule on September 20, 2004, assigning full responsibility for the screening of alien flight training candidates to DHS. Finally, all Department designated flight training sponsors are certified by the Department of Homeland Security to issue the Form I-20 and thereby permit foreign nationals to participate in flight training programs under the M visa. As all eight existing Department of State designated sponsors may continue, without interruption, the administration of flight training programs for foreign nationals, the Department believes that concerns raised by the Office of Advocacy of the Small Business Administration are outweighed by the security interests of the Government. The Department's position is sound given the expertise of DHS to administer and monitor such programs, efficiencies of government operation, and the security issues inherent in flight training. The flight training sponsors will continue to have obligations to their exchange visitors pursuant to 22 CFR 62.63: they must fulfill their responsibilities to all exchange visitors who are in the United States at the time of their program termination until the individual's exchange program is completed. Also, sponsors must notify prospective exchange visitors who have not yet entered the United States that the program has been terminated. Such sponsors will have access to SEVIS to manage their existing program participants, but will not be able to initiate new programs after December 31, 2009.

This is one of three releases that the Securities and Exchange Commission (``Commission'') is publishing simultaneously relating to the use in its rules and forms of credit ratings issued by nationally recognized statistical rating organizations (``NRSROs''). In this release, the Commission proposes to amend five rules under the Investment Company Act of 1940 and the Investment Advisers Act of 1940 that rely on NRSRO ratings. The proposed amendments are designed to address concerns that the reference to NRSRO ratings in Commission rules may have contributed to an undue reliance on NRSRO ratings by market participants.

This is one of three releases that the Securities and Exchange Commission (``Commission'') is publishing simultaneously relating to the use in its rules and forms of credit ratings issued by nationally recognized statistical rating organizations (``NRSROs''). In this release, the Commission proposes to amend various rules and forms under the Securities Exchange Act of 1934 (``Exchange Act'') that rely on NRSRO ratings. The proposed amendments are designed to address concerns that the reference to NRSRO ratings in Commission rules and forms may have contributed to an undue reliance on NRSRO ratings by market participants.

Section 205 of the Energy Independence and Security Act of 2007 requires the Commission to promulgate biodiesel and biomass-based diesel labeling requirements. In accordance with this directive, the Commission has completed the required rulemaking and is publishing final amendments to its rule for ``Automotive Fuel Ratings, Certification and Posting'' (``Fuel Rating Rule'' or ``Rule'') (16 CFR Part 306).