October 2008 – Federal Register Recent Federal Regulation Documents

The U.S. Office of Personnel Management is issuing final regulations to revise the rules governing the authority to offer student loan repayment benefits to Federal job candidates or current Federal employees when necessary to recruit or retain highly qualified personnel. These revisions include certain policy changes and clarifications to assist agencies in the administration of the Federal student loan repayment program.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Infant Formula Recall Regulations'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

Under section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for past cost concerning the Camp Branch Road Mercury Superfund Site located in Waynesville, Haywood County, North Carolina for publication.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the Air University Board of Visitors' meeting will take place on Monday, November 17th, 2008, from 8 a.m.-5 p.m., and Tuesday, November 18th, 2008, from 8 a.m.-8 p.m. Due to conference room renovation, portions of the meeting will be held off-base in the local community. Please contact Dr. Dorothy Reed, 334- 953-5159 for further details of the meeting locations. The purpose of this meeting is to provide independent advice and recommendations on matters pertaining to the educational, doctrinal, and research policies and activities of Air University. The agenda will include topics relating to the policies, programs, and initiatives of Air University educational programs. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155 all sessions of the Air University Board of Visitors' meeting will be open to the public. Any member of the public wishing to provide input to the Air University Board of Visitors should submit a written statement in accordance with 41 CFR Sec. 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Air University Board of Visitors until its next meeting. The Designated Federal Officer will review all timely submissions with the Air University Board of Visitors' Board Chairperson and ensure they are provided to members of the Board before the meeting that is the subject of this notice. Additionally, any member of the public wishing to attend this meeting should contact either person listed below at least five calendar days prior to the meeting for information on base entry passes.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain BEECH Model 400, 400A, and MU- 300-10 airplanes. The existing AD currently requires installation of an improved adjustment mechanism on the flightcrew seats and replacement of the existing aluminum seat reinforcement assemblies with steel assemblies. This proposed AD would add airplanes to the applicability of the existing AD. This proposed AD results from reports of incomplete latching of the existing adjustment mechanism and cracked reinforcement assemblies, which could result in sudden shifting of a flightcrew seat. We are proposing this AD to prevent sudden shifting of a flightcrew seat, which could impair the flightcrew's ability to control the airplane.

The New England Fishery Management Council (Council) will hold a three-day Council meeting on November 18-20, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The New England Fishery Management Council (NEFMC), in conjunction with the Mid-Atlantic Fishery Management Council (MAFMC), is scheduling a meeting of its Joint Dogfish Committee, on November 17, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737-600, -700, - 700C, -800, and -900 series airplanes. The existing AD currently requires replacing brackets that hold the P5 panel to the airplane structure, the standby compass bracket assembly, the generator drive and standby power module, and the air conditioning module. The existing AD also currently requires, among other actions, inspecting for wire length and for damage of the connectors and the wire bundles, and doing applicable corrective actions if necessary. This proposed AD would require an additional operational test of the P5-14 panel. This proposed AD results from a report of an electrical burning smell in the flight compartment. We are proposing this AD to prevent wire bundles from contacting the overhead dripshield panel and modules in the P5 overhead panel, which could result in electrical arcing and shorting of the electrical connector and consequent loss of several critical systems essential for safe flight; and to ensure proper operation of the passenger oxygen system. If an improperly functioning passenger oxygen system goes undetected, the passenger oxygen mask could fail to deploy and result in possible incapacitation of passengers during a depressurization event.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers, New England District (Corps) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate a proposed establishment of passenger rail service between Boston and New Bedford/Fall River, MA. The Massachusetts Executive Office of Transportation and Public Works (EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from less than one acre to approximately eight acres (depending on the alternative selected), including wetlands, incidental to the establishment of the passenger rail service. The EOT has stated that the purpose of their proposed project is to more fully meet the existing and future demand for public transportation between Fall River/New Bedford and Boston, MA, and to enhance regional mobility, while supporting smart growth planning and development strategies in the affected communities. The cities of Taunton, Fall River, and New Bedford are the only cities within 50 miles of Boston that are not currently served by passenger rail. The EIS will also be prepared with the intent to serve as a joint Massachusetts Environmental Policy Act (MEPA) and NEPA document that will comply with the procedural requirements of both state and federal law and serve as a combined EIS/Environmental Impact Report (EIR). The MEPA review will be conducted simultaneously with the NEPA process. The EIS/EIR will evaluate a range of alternative transit routes to determine the Least Environmentally Damaging Practicable Alternative (``LEDPA''), in accordance with the U.S. Environmental Protection Agency Guidelines for Specification of Disposal Sites for Dredged or Fill Material (40 CFR Part 230). Alternative routes presently identified include four principal rail routes: (1) The ``Attleboro Alternative'', (2) the ``Stoughton Alternative'', (3) the ``Middleborough Alternative'', and (4) the ``Attleboro-Middleborough Hybrid Alternative''. A fifth alternative is a Rapid Bus Alternative using modified highway infrastructure. A No Build/Transportation Surface Management alternative will also be evaluated. Public scoping may identify other alternatives for evaluation in the EIS/EIR.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. paragraph 552b, as amended), and 41 CFR paragraph 102-3.150, the Department of Defense announces the following Federal Advisory Committee meetings of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee will take place.

The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.

This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain walkers which may be offered to the United States Government under a government procurement contract. Based upon the facts presented, in the final determination CBP concluded that Hong Kong is the country of origin of the walkers for purposes of U.S. Government procurement.

The Department of Homeland Security (DHS) is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) system and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Director, Office of Administration, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new system of records titled U.S. Immigration and Customs Enforcement (ICE) Trade Transparency Analysis and Research (TTAR). TTAR contains trade and financial data that is analyzed to generate leads for and otherwise support ICE investigations of trade-based money laundering, contraband smuggling, trade fraud and other financial crimes. The data in TTAR is generally maintained in the ICE Data Analysis and Research Trade Transparency System (DARTTS), a software application and data repository that conducts analysis of trade and financial data to identify statistically anomalous transactions that may warrant investigation for money laundering or other import-export crimes. Additionally, a Privacy Impact Assessment for DARTTS will be posted on the Department's privacy Web site. (See https://www.dhs.gov/privacy and follow the link to ``Privacy Impact Assessments.'') Due to urgent homeland security and law enforcement mission needs, DARTTS is currently in operation. Recognizing that ICE is publishing a notice of system of records for an existing system, ICE will carefully consider public comments, apply appropriate revisions, and republish the TTAR notice of system of records within 180 days of receipt of comments. A proposed rulemaking is also published in this issue of the Federal Register in which the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/United States Coast Guard Courts Martial Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: HSRP public meeting will be held November 19-20, 2008. Open public time is from 8 a.m. to 5 p.m. on November 19th and 8 a.m. to 3 p.m. on November 20th. Location: Westin Harbour Island, Tampa, Florida. 725 S. Harbour Island Boulevard, Tampa, FL 33602; Tel: (813) 229-5000. The times and agenda topics are subject to change. Refer to the HSRP Web site listed below for the most current meeting agenda.