December 29, 2008 – Federal Register Recent Federal Regulation Documents

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Renewal of Department of Defense Federal Advisory Committees
Document Number: E8-30795
Type: Notice
Date: 2008-12-29
Agency: Office of the Secretary, Department of Defense
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 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established under the provisions of 10 U.S.C. 1114, to advise and assist the Secretary of Defense on actuarial matters associated with the Department of Defense Medicare-Eligible Retiree Health Care Fund. The Board shall report annually to the Secretary of Defense periodically, but no less than once every four years, to the President and the Congress on the status of the Fund to include recommendations for such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis. The Board shall be composed of not more than three members appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. The Board Members shall serve for a term of 15 years; except those Board Members appointed to fill a vacancy occurring before the end of the term for which the predecessor was appointed shall serve only until the end of such term. Board Members may serve after the end of the term until a successor has taken office. No Board Member, other than those originally appointed for less than a 15-year term or a Board Member appointed to fill an unexpired term may be reappointed for successive terms. Board Members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal employees, are appointed as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as Special Government employees. Pursuant to 10 U.S.C. 1114(a)(3), the members shall serve with compensation to include travel and per diem for official travel. The Chairperson of the Board shall be designated by the Under Secretary of Defense (Personnel and Readiness), on behalf of the Secretary of Defense. The Board is authorized to establish Subcommittees or Working Groups, as necessary and consistent with its mission, and these Subcommittees or Working Groups shall operate under the provisions of the Federal Advisory Committee Act, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such Subcommittees or Working Groups shall not work independently of the chartered Board, and shall report their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or Working Groups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Agency or any Federal officers or employees who are not Board Members.
Manual for Courts-Martial; Proposed Amendments
Document Number: E8-30794
Type: Notice
Date: 2008-12-29
Agency: Office of the Secretary, Department of Defense
The JSC is forwarding final proposed amendments to the MCM to the Department of Defense. The proposed changes constitute the 2008 annual review required by the MCM and DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency.
Privacy Act of 1974; Notice of Adoption of Altered and New Systems of Records
Document Number: E8-30792
Type: Notice
Date: 2008-12-29
Agency: Federal Maritime Commission, Agencies and Commissions
Notice of Agreement Filed
Document Number: E8-30791
Type: Notice
Date: 2008-12-29
Agency: Federal Maritime Commission, Agencies and Commissions
Proposed Collection; Comment Request
Document Number: E8-30782
Type: Notice
Date: 2008-12-29
Agency: Securities and Exchange Commission, Agencies and Commissions
Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; Mifamurtide
Document Number: E8-30781
Type: Notice
Date: 2008-12-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 4,971,802.
Administrator's Line of Succession Designation, No. 1-A, Revision 29
Document Number: E8-30774
Type: Notice
Date: 2008-12-29
Agency: Small Business Administration, Agencies and Commissions
Notice of Availability; Washington, DC
Document Number: E8-30773
Type: Notice
Date: 2008-12-29
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public of the availability of the Final Section 4(f) Evaluation for the proposed roadway improvements proposed in conjunction with the consolidation of the Department of Homeland Security Headquarters at St. Elizabeths in Southeast Washington, DC in accordance with 49 U.S.C. 303.
Proposed Data Collections Submitted for Public Comment and Recommendations
Document Number: E8-30771
Type: Notice
Date: 2008-12-29
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Cooperative Institute for Satellite Climate Studies
Document Number: E8-30770
Type: Notice
Date: 2008-12-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On October 7, 2008, the National Environmental Satellite Data and Information Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce (hereinafter, ``NESDIS'') published a notice of availability of funds (Docket No. 0809261277- 81278-01, I.D. GF001) to establish a NOAA Cooperative Institute for Satellite Climate Studies (73 FR 58560). That notice is hereby rescinded and is replaced with the following revised notice of funding availability. NESDIS invites applications for a Cooperative Institute (CI) that will focus on (1) climate and satellite research and applications, (2) climate and satellite observations and monitoring, and (3) climate research and modeling. Through this competition, NOAA intends to establish competitively a new CI according to the policy and procedures described in NOAA Administrative Order 216-107 and the Cooperative Institute Interim Handbook both available at www.nrc.noaa.gov/ci. The proposed CI should be composed of two or more member institutions (e.g., multiple universities). At least one research institution should be in Maryland, Washington DC or the adjacent states (Delaware, Pennsylvania, West Virginia and Virginia). At least one research institution should be in North Carolina or the bordering states (Tennessee, South Carolina and Georgia) and have a presence in Asheville, North Carolina. NOAA has identified three research themes that will address specific needs within the NOAA Mission Support Satellite Service program and the NOAA Climate Goal that would benefit from collaborations with the CI. The CI should possess outstanding capabilities to work in the three research themes summarized below, as well as possess the capability to conduct outreach and education activities in support of these research themes. I. Climate and Satellite Research and Applications: Research conducted under this theme is associated with the development of new and innovative uses of non-NOAA satellite assets that can ultimately be transitioned into NOAA operations to support climate information needs. This theme also includes performing research and development aimed at improving the utilization of a long time series of satellite measurements that will offer NOAA scientists a homogeneous record of satellite radiances. II. Climate and Satellite Observations and Monitoring: Research conducted under this theme involves (1) designing indices and applications that incorporate satellite observations to detect, monitor and investigate climatic changes and their impacts on coastal and open ocean ecosystems, (2) identifying and meeting the satellite climate needs of a wide variety of users, including research, business and industry, and government and private sector users, and (3) contributing significantly to climate reanalysis projects when satellite data is a key input. III. Climate Research and Modeling: Research conducted under this theme is focused on improving climate forecasts on mesoscale, regional and global scales when satellite data is a key input, and developing regional ecosystem models that can incorporate satellite observations to predict the impact of climate change on these ecosystems, particularly those located in the Mid-Atlantic region. The CI is also expected to play a significant role in National Centers for Environmental Prediction (NCEP) Climate Test Bed projects when satellite data is a key input. This announcement provides requirements for the proposed CI and includes details for the technical program, evaluation criteria, and competitive selection procedures. Applicants should review the NOAA Administrative Order 216-107 and CI Interim Handbook prior to preparing a proposal for this announcement.
Northeastern Great Basin Resource Advisory Council Meetings, Nevada
Document Number: E8-30769
Type: Notice
Date: 2008-12-29
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), 5 U.S.C., the Department of the Interior, Bureau of Land Management (BLM), Northeastern Great Basin Resource Advisory Council (RAC) will hold three meetings in Nevada during fiscal year 2009. All meetings are open to the public.
Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits
Document Number: E8-30768
Type: Rule
Date: 2008-12-29
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans prescribes interest assumptions for valuing benefits under terminating single-employer plans. This final rule amends the asset allocation regulation to adopt interest assumptions for plans with valuation dates in the first quarter of 2009. As discussed below, PBGC has published a separate final rule dealing with interest assumptions under its regulation on Benefits Payable in Terminated Single-Employer Plans for January 2009. Interest assumptions are also published on PBGC's Web site (https:// www.pbgc.gov).
Alaska Native Claims Selection
Document Number: E8-30767
Type: Notice
Date: 2008-12-29
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to K'oyitl'ots'ina, Limited, successor in interest to Hadohdleekaga, Incorporated. The lands are in the vicinity of Hughes, Alaska, and are located in:
Notice of Public Meetings, McInnis Canyons National Conservation Area Advisory Council Meetings
Document Number: E8-30766
Type: Notice
Date: 2008-12-29
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The McInnis Canyons National Conservation Area (MCNCA) Advisory Council has scheduled its 2009 meetings. During these meetings, the Advisory Council will discuss matters relevant to management of McInnis Canyons National Conservation Area and may develop resolutions and/or recommendations to provide to the Bureau of Land Management on proposed projects, plans, and programs. These meetings are open to the public.
Farm Program Payment Limitation and Payment Eligibility for 2009 and Subsequent Crop, Program, or Fiscal Years
Document Number: E8-30764
Type: Rule
Date: 2008-12-29
Agency: Department of Agriculture, Commodity Credit Corporation
The Commodity Credit Corporation (CCC) is revising regulations as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) to make changes in payment eligibility, payment attribution, maximum income limits, and maximum dollar benefit amounts for participants in CCC-funded programs. This interim rule amends the regulations to ensure that program payments and benefits are issued only to those persons and entities that meet all eligibility requirements, that a program participant does not receive any program payment above the maximum allowable benefit amount, and that applicable payments are not made to anyone whose average adjusted gross income exceeds the maximum dollar amounts established by the 2008 Farm Bill. This interim rule will apply to 2009 and subsequent crop, program, or fiscal year benefits for programs subject to the provisions in our regulations.
Direct and Counter-Cyclical Program and Average Crop Revenue Election Program
Document Number: E8-30763
Type: Rule
Date: 2008-12-29
Agency: Department of Agriculture, Commodity Credit Corporation
This rule implements the provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) regarding the direct and counter-cyclical payment program (DCP) for the 2008 through 2012 crop years as well as Average Crop Revenue Election (ACRE) program payments for the 2009 through 2012 crop years. The 2008 Farm Bill further authorizes payments, with some changes, that were previously authorized under the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill) regarding direct and counter-cyclical payments for the crop years 2002 through 2007. The payments provide income support to producers of eligible commodities and are based on historically-based acreage and yields and do not depend on the current production choices of the farmer. In general, the 2008 Farm Bill provides payments to eligible producers of covered commodities and peanuts and beginning in 2009, pulse crops as well. Additionally, the 2008 Farm Bill provides for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under the 2002 Farm Bill.
Safety Zone; Saugus River, Lynn, MA
Document Number: E8-30761
Type: Rule
Date: 2008-12-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is creating a safety zone for a portion of the Saugus River in Lynn, Massachusetts as requested by the Massachusetts Highway Department (MHD), to allow for vital repair work to commence on the Route 107/Fox Hill Bridge during the winter and spring months. This zone is necessary to protect mariners from the potential hazards associated with the work being conducted by the Commonwealth of Massachusetts in making critical repairs to the bridge while it is closed to transiting vessels and vehicular traffic.
Combined Notice of Filings
Document Number: E8-30756
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings # 1
Document Number: E8-30755
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings #1
Document Number: E8-30754
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
New Standards for Letter-Size Booklets and Folded Self-Mailers
Document Number: E8-30752
Type: Proposed Rule
Date: 2008-12-29
Agency: Postal Service, Agencies and Commissions
On March 14, 2008, we published in the Federal Register (Volume 73, Number 51, pages 13812-13813) an advance notice of our intent to develop new mailing standards for folded self-mailers and booklets mailed at automation and machinable letter prices. In that advance notice, we provided justification for these changes, announced a two-phase testing initiative, and reported the results of the first phase of testing. We invited comments from customers and asked that they suggest alternative booklet designs that could improve mailpiece performance. The following proposed rule is based on the results of completed testing. We propose revisions to tab size, tab location, paper weight, and dimensions for folded self-mailers and booklets mailed at automation or machinable letter prices.
Environmental Impact Statement for the California High Speed Train Project from San Francisco to San Jose, CA
Document Number: E8-30751
Type: Notice
Date: 2008-12-29
Agency: Federal Railroad Administration, Department of Transportation
This notice is to advise the public that FRA and the California High Speed Rail Authority (Authority) will jointly prepare a project Environmental Impact Statement (EIS) and project Environmental Impact Report (EIR) for the San Francisco to San Jose section of the Authority's proposed California High-Speed Train (HST) System in compliance with relevant state and federal laws, in particular the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). In 2001, the Authority and FRA started a tiered environmental review process for the HST system and in 2005, completed the first tier California High Speed Train Program EIR/EIS and approved the statewide HST system for intercity travel in California between the major metropolitan centers of Sacramento and the San Francisco Bay Area in the north, through the Central Valley, to Los Angeles and San Diego in the south. The approved HST system would be about 800-miles long, with electric propulsion and steel-wheel-on-steel-rail trains capable of maximum operating speeds of 220 miles per hour (mph) on a mostly dedicated system of fully grade-separated, access-controlled steel tracks and with state-of-the-art safety, signaling, communication, and automated train control systems. In 2008, the Authority and FRA completed a second program EIR/EIS to evaluate alignments and station locations within the broad corridor between and including the Altamont Pass and the Pacheco Pass to connect the Bay Area and Central Valley portions of the HST system. The Authority and FRA selected the Pacheco PassSan Francisco and San Jose termini network alternative, as well as preferred corridor alignments and station location options. The selected alignment uses the Caltrain rail right-of-way, between San Francisco and San Jose along the San Francisco Peninsula, and the Pacheco Pass via Henry Miller Road, between San Jose and the Central Valley. The preparation of the San Francisco to San Jose HST Project EIR/ EIS will involve development of preliminary engineering designs and assessment of environmental effects associated with the construction, operation, and maintenance of the HST system, including track, ancillary facilities and stations, along the Caltrain corridor from San Francisco to San Jose.
Credit and Capital Issues Affecting the Electric Power Industry; Supplemental Notice of Technical Conference
Document Number: E8-30749
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
Midwest Independent Transmission System Operator, Inc.; Notice of Filing
Document Number: E8-30747
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
City of Glendale, California; Notice of Filing
Document Number: E8-30745
Type: Notice
Date: 2008-12-29
Agency: Department of Energy, Federal Energy Regulatory Commission
Agency Information Collection Request; 60-Day Public Comment Request
Document Number: E8-30743
Type: Notice
Date: 2008-12-29
Agency: Department of Health and Human Services
Management of National Forest System Surface Resources With Privately Held Mineral Estates
Document Number: E8-30742
Type: Proposed Rule
Date: 2008-12-29
Agency: Department of Agriculture, Forest Service
The Forest Service is preparing to promulgate regulations to provide clarity and direction on the management of National Forest System surface resources when the mineral estate is privately held.
Submission for OMB Review; Comment Request
Document Number: E8-30741
Type: Notice
Date: 2008-12-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E8-30740
Type: Notice
Date: 2008-12-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E8-30739
Type: Notice
Date: 2008-12-29
Agency: Department of the Treasury, Department of Treasury
Meetings
Document Number: E8-30738
Type: Notice
Date: 2008-12-29
Agency: Architectural and Transportation Barriers Compliance Board, Agencies and Commissions
The Architectural and Transportation Barriers Compliance Board (Access Board) plans to hold its regular committee and Board meetings in Washington, DC, Monday through Wednesday, January 12-14, 2009, at the times and location noted below.
Extension of Agency Information Collection Activity Under OMB Review: Enhanced Security Procedures at Ronald Reagan Washington National Airport
Document Number: E8-30737
Type: Notice
Date: 2008-12-29
Agency: Department of Homeland Security, Transportation Security Administration
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), OMB control number 1652-0035, abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on October 20, 2008, 73 FR 62304. TSA requires General Aviation (GA) aircraft operators who wish to fly into and/or out of Ronald Reagan Washington National Airport (DCA) to designate a security coordinator and adopt the DCA Access Standard Security Program (DASSP).
International Mail Contracts
Document Number: E8-30736
Type: Rule
Date: 2008-12-29
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Global Direct Contracts to the Competitive Product List and announcing the Postal Service's execution of two related contracts. These actions are consistent with changes in a recent law governing postal operations and a recent Postal Service request. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Extension of Agency Information Collection Activity Under OMB Review: Aircraft Operator Security
Document Number: E8-30735
Type: Notice
Date: 2008-12-29
Agency: Department of Homeland Security, Transportation Security Administration
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), OMB control number 1652-0003, abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on October 10, 2008, 73 FR 60310. TSA has implemented aircraft operator security standards at 49 CFR part 1544, which require each aircraft operator to which this part applies to adopt and implement a security program.
Agency Information Collection Activities: Form I-687, Revision of a Currently Approved Information Collection; Comment Request
Document Number: E8-30734
Type: Notice
Date: 2008-12-29
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-914, Revision of a Currently Approved Information Collection; Comment Request
Document Number: E8-30733
Type: Notice
Date: 2008-12-29
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
Notice of Information Collection
Document Number: E8-30732
Type: Notice
Date: 2008-12-29
Agency: National Aeronautics and Space Administration, Agencies and Commissions
We are cancelling FR Notice 08-093, Information Collection Title: TITLE IX Survey, published at 73 FR 70678, November 21, 2008, because we determined the need to implement compliance programs under three additional grant-related civil rights laws for which NASA has regulations, i.e., Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. In FY 2009, NASA will stand-up compliance programs involving at least one onsite compliance review pursuant to each of these laws. We also need to issue a notice of information collection that can support our compliance activities under all four laws, reflecting the differing coverage under each of the laws.
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