January 8, 2008 – Federal Register Recent Federal Regulation Documents

Regulatory Flexibility Act Review of the Methylene Chloride Standard
Document Number: E8-62
Type: Proposed Rule
Date: 2008-01-08
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is reopening the comment period for its review of the Methylene Chloride Standard under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review.
Availability of Funds and Collection of Checks
Document Number: E8-6
Type: Rule
Date: 2008-01-08
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the Utica office of the Federal Reserve Bank of New York and reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland and the head office of the Federal Reserve Bank of Philadelphia. The Board is also amending appendix B of Regulation CC to delete the reference to the Utica office. In addition, the Board is providing advance notice of future amendments to appendix A that are anticipated in connection with the next phase of the Reserve Banks' restructuring of the check-processing operations within the Federal Reserve System.
Importer Security Filing and Additional Carrier Requirements; Correction
Document Number: E8-50
Type: Proposed Rule
Date: 2008-01-08
Agency: Department of Homeland Security, Bureau of Customs and Border Protection
Customs and Border Protection (CBP) published a Notice of Proposed Rulemaking on January 2, 2008, in the Federal Register, which proposed new information submission requirements for importers and carriers pertaining to cargo before the cargo is brought to the United States by vessel. That document contained two errors in the ``Addresses'' section regarding the docket number and the name of the CBP Office. To ensure that the public has the correct information for submitting comments on this proposed rule, this document provides those corrections.
Pipeline Safety: Polyamide-11 (PA-11) Plastic Pipe Design Pressures
Document Number: E8-33
Type: Proposed Rule
Date: 2008-01-08
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA proposes to revise the Federal pipeline safety regulations to allow certain thermoplastic pipelines made from new Polyamide-11 (PA-11) pipe to be designed using a higher design factor and to raise the design pressure limit for the same pipelines. Design pressure calculations and design pressure limitations for all other thermoplastic pipes (PE-polyethylene, PB-polybutylene, PVC-polyvinyl chloride, etc.) would remain unchanged. These rule changes would allow pipeline operators to operate certain pipelines constructed of new PA- 11 pipe at higher operating pressures than currently allowed by the existing rules. This would allow pipeline operators to take advantage of the strength characteristics of PA-11 pipe.
Home Equity Conversion Mortgages (HECMs): Determination of Maximum Claim Amount; and Eligibility for Discounted Mortgage Insurance Premium for Certain Refinanced HECM Loans
Document Number: E8-32
Type: Rule
Date: 2008-01-08
Agency: Department of Housing and Urban Development
This rule makes two technical changes to HUD's Home Equity Conversion Mortgage (HECM) program. First, the rule extends the date for calculating the maximum claim amount in the HECM program from the date of the underwriter's receipt of the appraisal report to the date of closing. This change provides a more easily verifiable and more easily identifiable date. Second, this rule corrects an unintended consequence that results in a situation where HECM loans that are not in default but have been assigned pursuant to regulatory provisions, and remain in effect, are not eligible to be refinanced with a discounted initial mortgage insurance premium (MIP). This rule would permit such HECM loans to be eligible for the discounted initial MIP upon refinancing, in accordance with the purpose of the HECM program, which is to improve the financial situation of elderly homeowners.
Establishment of Class E Airspace; Wheatland, WY
Document Number: E8-26
Type: Rule
Date: 2008-01-08
Agency: Federal Aviation Administration, Department of Transportation
This action will establish Class E airspace at Wheatland, WY. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Phifer Airfield. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS SIAP at Phifer Airfield, Wheatland, WY.
Review and Approval of Projects
Document Number: E8-23
Type: Rule
Date: 2008-01-08
Agency: Susquehanna River Basin Commission, Agencies and Commissions
This document contains amendments to project review regulations. These amendments include language clarifying the definition of ``agricultural water use,'' and providing a qualified exception to the consumptive use approval requirements for agricultural water use projects. Also, an error in the ``Authority'' citation for Part 808 is corrected.
Office of Postsecondary Education; Notice of Intent To Establish Negotiated Rulemaking Committees Under Title IV of the Higher Education Act of 1965, as Amended
Document Number: E8-121
Type: Proposed Rule
Date: 2008-01-08
Agency: Department of Education
The Secretary of Education (Secretary) announces the establishment of two negotiated rulemaking committees to develop proposed regulations related to the Federal student aid programs authorized by Title IV of the Higher Education Act of 1965, as amended (HEA). The first committee will develop proposed regulations for the Teacher Education Assistance for College and Higher Education (TEACH) Grant program. The second committee will develop proposed regulations for other Federal student aid programs authorized by Title IV of the HEA.
Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers
Document Number: E8-118
Type: Rule
Date: 2008-01-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission declines to adopt rules and regulations implementing minimum customer account record exchange obligations on all local carriers. This action is necessary because the Commission does not believe mandating the exchange of customer account information between LECs is appropriate at this time.
Establishing Just and Reasonable Rates for Local Exchange Carriers
Document Number: E8-117
Type: Proposed Rule
Date: 2008-01-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) extends the date for filing reply comments from December 31, 2007, to January 16, 2008, to provide parties additional time to evaluate the extensive comments received and prepare their replies.
Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA
Document Number: E8-105
Type: Rule
Date: 2008-01-08
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Chelsea Street Bridge across the Chelsea River at mile 1.2, between Chelsea and East Boston, Massachusetts. Under this temporary deviation, a two-hour advance notice shall be required between 3:30 p.m. and 7 a.m., from January 2, 2008 through January 8, 2008. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulations; Norwalk River, Norwalk, CT
Document Number: E8-104
Type: Rule
Date: 2008-01-08
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Washington Street S136 Bridge, across the Norwalk River, mile 0.0, at Norwalk, Connecticut. This deviation allows the bridge owner to open only one of the two moveable spans for bridge openings between January 2, 2008 and March 31, 2008. Vessels that require a full two-span bridge opening will be required to provide at least a twelve-hour advance notice by calling the bridge operator at (203) 866-7691. This deviation is necessary to facilitate scheduled bridge maintenance.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and Amendments to the 1-Hour Ozone Maintenance Plan
Document Number: E7-25640
Type: Rule
Date: 2008-01-08
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by West Virginia. These revisions pertain to: the maintenance plan prepared by West Virginia to maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Greenbrier County, which is designated attainment for the ozone NAAQS; and two amendments to the existing 1-hour ozone maintenance plan, which include removal of the obligation to submit a maintenance plan for the 1-hour NAAQS eight years after approval of the initial 1-hour maintenance plan, and removal of the State's obligation to implement contingency measures upon a violation of the 1-hour NAAQS. The purpose of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the State-adopted plan and the approved SIP. This action is being taken under the Clean Air Act (CAA).
Airworthiness Directives; Viking Air Limited Model (Caribou) DHC-4 and (Caribou) DHC-4A Airplanes
Document Number: E7-25613
Type: Rule
Date: 2008-01-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Head Start Program
Document Number: E7-25462
Type: Rule
Date: 2008-01-08
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
This final rule implements the addition of family child care as a Head Start and Early Head Start program option. Family child care is care and education provided to children in a private home or other family-like setting. In keeping with the goal of designing programs that meet family and community needs, some Head Start and Early Head Start agencies have identified family child care as an effective Head Start service delivery model.
Revisions to the General Conformity Regulations
Document Number: E7-25241
Type: Proposed Rule
Date: 2008-01-08
Agency: Environmental Protection Agency
The EPA is proposing to revise its regulations relating to the Clean Air Act (CAA) requirement that Federal actions conform to the appropriate State, Tribal or Federal implementation plan for attaining clean air (``general conformity''). EPA has only revised the General Conformity Regulations once since they were promulgated in 1993 to include de minimis emission levels for fine particulate matter and its precursors (July 17, 2006). Over this period, EPA and other Federal agencies have gained experience with the implementation of the existing regulations and have identified several issues with their implementation. In addition, in 2004 EPA issued regulations to implement the revised ozone standard and in 2007 issued regulations to implement the new fine particulate matter standard. These regulations could affect the timing and process for general conformity determinations. State and other air quality agencies are in the process of developing revised plans to attain the new standards and the proposed revisions to the General Conformity Regulations will be helpful to the State, Tribe, and local agencies as well as the Federal agencies in developing and commenting on the proposed SIP revisions. This proposed rule revision provides for a streamline process for Federal agencies and States and Tribes to ensure Federal activities are incorporated in these State implementation plans (SIPs). Where that is not possible it provides an efficient and effective process for Federal agencies to ensure their actions do not cause or contribute to a violation of the national ambient air quality standards (NAAQS) or interfere with the purpose of a State, Tribal or Federal implementation plan to attain or maintain the NAAQS.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Pygmy Rabbit (Brachylagus idahoensis) as Threatened or Endangered
Document Number: E7-25017
Type: Proposed Rule
Date: 2008-01-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition To list the pygmy rabbit (Brachylagus idahoensis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing the pygmy rabbit may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. We will make a determination on critical habitat for this species, which was also requested in the petition, if and when we initiate a listing action.
FHA Appraiser Roster Requirements
Document Number: 08-8
Type: Rule
Date: 2008-01-08
Agency: Department of Housing and Urban Development
This final rule explicitly conforms the eligibility requirements for applicants to the Federal Housing Administration (FHA) Appraiser Roster to longstanding HUD practices, as well as to existing nationwide industry practice. Only appraisers on the roster may perform required appraisals of properties that are to serve as security for FHA-insured single-family mortgages. Among other requirements, the current regulations require that an applicant must be a state-licensed or state-certified appraiser and pass a HUD examination on FHA appraisal methods and reporting. This final rule codifies HUD's longstanding practice and the nationwide practice that such certification or licensing comply with national criteria for education, experience, and passage of a state-administered examination. This final rule also eliminates the requirement for applicants to pass a HUD test on FHA appraisal methods and reporting, because the test has become duplicative of the national examination requirements for state licensure and certification and, therefore, unnecessary.
Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, Boston, MA
Document Number: 08-35
Type: Rule
Date: 2008-01-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing two temporary safety zones 500 meters around the primary components, two independent submerged turret loading buoys, of Excelerate Energy's Northeast Gateway Deepwater Port, Atlantic Ocean, and its accompanying systems. The purpose of these temporary safety zones is to protect vessels and mariners from the potential safety hazards associated with deepwater port facilities. All vessels, with the exception of deepwater port support vessels, are prohibited from entering into or moving within either of the safety zones.
Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend, FL
Document Number: 08-21
Type: Rule
Date: 2008-01-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily revising the security zones in the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and Big Bend for the purpose of providing counter-surveillance, intrusion detection and response measures. Entry into these zones will be prohibited unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River; FL
Document Number: 08-20
Type: Rule
Date: 2008-01-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing revisions to certain security zones within the Captain of the Port Sector St. Petersburg Zone (formerly the Captain of the Port Tampa Zone). The purpose of these revisions is to ensure the security of vessels, facilities, and the surrounding areas within these zones. Entry into the area encompassed by these revised security zones is prohibited without permission of the Captain of the Port or a designated representative.
Medicare Program; Option for Prescription Drug Plans To Lower Their Premiums for Low-Income Subsidy Beneficiaries
Document Number: 08-15
Type: Proposed Rule
Date: 2008-01-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would provide for an option for Medicare Prescription Drug Plan (PDP) Sponsors to offer a separate prescription drug premium amount for low-income subsidy (LIS) individuals subject to certain conditions. We are proposing to allow PDP Sponsors to offer a reduced premium amount for LIS-eligible individuals to ensure that at least five PDP Sponsors in every PDP region would have a PDP with a premium at or below the premium subsidy amount. This provision will help to ensure there are a sufficient number of organizations offering zero-premium plans in each region and reduce the number of LIS beneficiary reassignments to other organizations.
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