January 9, 2008 – Federal Register Recent Federal Regulation Documents

Radio Broadcasting Services; Elko, NV
Document Number: E8-205
Type: Proposed Rule
Date: 2008-01-09
Agency: Federal Communications Commission, Agencies and Commissions
This document requests comments on a petition for rulemaking filed by L. Topaz Enterprises, Inc., requesting the allotment of Channels 274C3 and 284C3 at Elko, Nevada, as the community's fifth and sixth local aural transmission services. Channels 274C3 and 284C3 can be allotted at Elko, Nevada without a site restriction at coordinates 40-49-57 NL and 115-45-44 WL.
Radio Broadcasting Services; Iola, TX
Document Number: E8-204
Type: Proposed Rule
Date: 2008-01-09
Agency: Federal Communications Commission, Agencies and Commissions
This document requests comments on a petition for rulemaking filed by Charles Crawford (``Petitioner'') proposing the allotment of Channel 299A at Iola, Texas, as the first FM broadcast service at Iola. The proposed coordinates are 30-40-42 NL and 96-09-30 WL with a site restriction of 13.1 kilometers (8.1 miles) southwest of Iola, Texas.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Mile 131.8, Clearwater, FL
Document Number: E8-191
Type: Rule
Date: 2008-01-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating regulations governing the Belleair Beach Bridge, Gulf Intracoastal Waterway, mile 131.8, Clearwater, Florida. This rule will allow the bridge to open on signal, except that from 7 a.m. to 7 p.m. this bridge will open on the hour and half-hour. This action is necessary for workers' safety and will assist in expediting the construction of the new bridge.
Poly(hexamethylenebiguanide) hydrochloride (PHMB); Exemption from the Requirement of a Tolerance
Document Number: E8-189
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the insecticide, Poly(hexamethylenebiguanide) hydrochloride (PHMB) on all food when residues are the result of lawful application of a food contact surface sanitizer containing PHMB as a sanitizer solution in food handling establishments when applied as a sanitizer. Arch Chemicals Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of PHMB.
Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations
Document Number: E8-186
Type: Proposed Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
EPA is proposing to conditionally approve revisions to Michigan's State Implementation plan (SIP) to add the prevention of significant deterioration (PSD) construction permit program under the Federal Clean Air Act (CAA). This program affects major stationary sources in Michigan that are subject to or potentially subject to the PSD construction permit program.
Mesotrione; Pesticide Tolerance
Document Number: E8-181
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of mesotrione in or on berry, group 13; flax, seed; cranberry; lingonberry; millet, grain; millet, forage; millet, hay; and millet, straw. Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear
Document Number: E8-172
Type: Rule
Date: 2008-01-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is rescinding the trawl closure in the Chiniak Gully Research Area. This action is necessary to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes
Document Number: E8-164
Type: Proposed Rule
Date: 2008-01-09
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:
Drawbridge Operation Regulations; Arkansas Waterway, Little Rock, AR
Document Number: E8-160
Type: Proposed Rule
Date: 2008-01-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes an amendment to the regulation for the operation of the Baring Cross Railroad Drawbridge across the Arkansas Waterway at Mile 119.6 at Little Rock, Arkansas. The revised regulation would accurately depict where the drawbridge operator is located and that the bridge, which is remotely operated, is equipped with a Photoelectric Boat Detection System.
Airworthiness Directives; Airbus Model A318-100 and A319-100 Series Airplanes; A320-111 Airplanes; A320-200 Series Airplanes; and A321-100 and A321-200 Series Airplanes
Document Number: E8-152
Type: Proposed Rule
Date: 2008-01-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A318-100 and A319- 100 series airplanes; A320-111 airplanes; A320-200 series airplanes; and A321-100 and A321-200 series airplanes. The existing AD currently requires a one-time inspection of the horizontal hinge pin of the 103VU electrical panel in the avionics compartment to determine if the hinge pin can move out of the hinge, and related investigative and corrective actions if necessary. This proposed AD would require installing a hinge pin stopper on the internal door of the 103VU electrical panel. This proposed AD results from a report indicating that electrical wire damage was found in the 103VU electrical panel due to contact between the hinge pin and the adjacent electrical wire harness. We are proposing this AD to prevent contact between the horizontal hinge pin and the adjacent electrical wire harness, which could result in damage to electrical wires, and consequent arcing and/or failure of associated systems.
Difenoconazole; Pesticide Tolerance
Document Number: E8-15
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
This regulation establishes, increases, and removes tolerances for residues of difenoconazole and also establishes tolerances for combined residues of difenoconazole and its metabolite, CGA-205375, in or on various commodities. In addition, this regulation revokes tolerances for secondary residues in poultry, fat, meat, and meat byproducts. Syngenta Crop Protection, Inc., requested these tolerances under the Federal, Food, Drug, and Cosmetic Act (FFDCA).
Locality Pay Areas
Document Number: E8-125
Type: Rule
Date: 2008-01-09
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
On behalf of the President's Pay Agent, the Office of Personnel Management is issuing final regulations on the locality pay program for General Schedule and certain other employees. Originally published on June 22, 2007 as an interim rule with a request for comments, the regulations added Whatcom County, WA, to the Seattle locality pay area effective with the first pay period that began on or after July 23, 2007, removed the reference to a January effective date for changes made by the President's Pay Agent in locality pay area boundaries, made a number of changes in the official names of locality pay areas to correspond to revised names of Metropolitan Statistical Areas and Combined Statistical Areas as established by the Office of Management and Budget, and provided notice and documentation of a number of changes in locality pay area boundaries that resulted from revisions in Metropolitan and Combined Statistical Areas. We received no comments on the interim rule and adopt the final rule without change.
Facilities Design, Connections and Maintenance Reliability Standards
Document Number: E7-25488
Type: Rule
Date: 2008-01-09
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to section 215 of the Federal Power Act, the Commission approves three Reliability Standards concerning Facilities Design, Connections and Maintenance that were developed by the North American Electric Reliability Corporation (NERC), the Commission- certified Electric Reliability Organization (ERO) responsible for developing and enforcing mandatory Reliability Standards. Further, pursuant to section 215(d)(5), we direct the ERO to develop a modification to one of the three Reliability Standards that are being approved as mandatory and enforceable. The three FAC Reliability Standards, designated FAC-010-1, FAC-011-1 and FAC-014-1, require planning authorities and reliability coordinators to establish methodologies to determine system operating limits for the Bulk-Power System in the planning and operation horizons. The Commission also approves a regional difference for the Western Interconnection administered by the Western Electricity Coordinating Council which is incorporated into FAC-010-1 and FAC-011-1. In addition, the Commission accepts three new terms for the NERC Glossary of Terms Used in Reliability Standards, remands another proposed term, and directs the ERO to submit modifications to its proposed Violation Risk Factors consistent with our prior orders.
Zeta-cypermethrin; Pesticide Tolerance
Document Number: E7-25392
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of zeta-cypermethrin and its inactive R-isomers in or on Citrus (dried pulp, fruit and oil); oilseed commodities (seeds of borage, castor oil plant, Chinese tallow tree, crambe, cuphea, echium, euphorbia, evening primrose, flax, gold of pleasure, hare's-ear mustard, jojoba, lesquerella, lunaria, meadowfoam, milkweed, mustard, niger seed, oil radish, poppy, rose hip, sesame, Stokes aster, sweet rocket, tallowwood, tea oil plant, and vernonia); oilseed, refined oils (refined oils of castor oil plant, Chinese tallowtree, euphorbia, evening primrose, jojoba, niger seed, rose hip, stokes aster, tallowwood, tea oil plant and vernonia); okra; rice, wild; and safflower, seed. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also deletes time-limited flax seed tolerances which are made redundant and unnecessary by establishment of the permanent tolerance on flax seed.
Truth in Lending
Document Number: E7-25058
Type: Proposed Rule
Date: 2008-01-09
Agency: Federal Reserve System, Agencies and Commissions
The Board proposes to amend Regulation Z, which implements the Truth in Lending Act and Home Ownership and Equity Protection Act. The goals of the amendments are to protect consumers in the mortgage market from unfair, abusive, or deceptive lending and servicing practices while preserving responsible lending and sustainable homeownership; ensure that advertisements for mortgage loans provide accurate and balanced information and do not contain misleading or deceptive representations; and provide consumers transaction-specific disclosures early enough to use while shopping for a mortgage. The proposed revisions would apply four protections to a newly-defined category of higher-priced mortgage loans secured by a consumer's principal dwelling, including a prohibition on a pattern or practice of lending based on the collateral without regard to consumers' ability to repay their obligations from income, or from other sources besides the collateral. The proposed revisions would apply three new protections to mortgage loans secured by a consumer's principal dwelling regardless of loan price, including a prohibition on a creditor paying a mortgage broker more than the consumer had agreed the broker would receive. The Board also proposes to require that advertisements provide accurate and balanced information, in a clear and conspicuous manner, about rates, monthly payments, and other loan features; and to ban several deceptive or misleading advertising practices, including representations that a rate or payment is ``fixed'' when it can change. Finally, the proposal would require creditors to provide consumers with transaction-specific mortgage loan disclosures before they pay any fee except a reasonable fee for reviewing credit history.
National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
Document Number: E7-24718
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
This action promulgates national emission standards for hazardous air pollutants (NESHAP) for area sources engaged in paint stripping, surface coating of motor vehicles and mobile equipment, and miscellaneous surface coating operations. EPA has listed ``Paint Stripping,'' ``Plastic Parts and Products (Surface Coating),'' and ``Autobody Refinishing Paint Shops'' as area sources of hazardous air pollutants (HAP) that contribute to the risk to public health in urban areas under the Integrated Urban Air Toxics Strategy. This final rule includes emissions standards that reflect the generally available control technology or management practices in each of these area source categories. ``Plastic Parts and Products (Surface Coating)'' has been renamed ``Miscellaneous Surface Coating,'' and ``Autobody Refinishing Paint Shops'' has been renamed ``Motor Vehicle and Mobile Equipment Surface Coating'' to more accurately reflect the scope of these source categories.
Technical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation Employees
Document Number: 08-7
Type: Rule
Date: 2008-01-09
Agency: Department of Justice
This rule makes several technical amendments to the Department of Justice regulations that provide whistleblower protection for Federal Bureau of Investigation (FBI) employees.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. pungens)
Document Number: 08-6
Type: Rule
Date: 2008-01-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating revised critical habitat for the threatened Monterey spineflower (Chorizanthe pungens var. pungens) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 11,055 acres (ac) (4,475 hectares (ha)) fall within the boundaries of this revised critical habitat designation. The revised critical habitat is located in Santa Cruz and Monterey counties, California.
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Gulf of Alaska Pacific Cod Total Allowable Catch Amount
Document Number: 08-37
Type: Rule
Date: 2008-01-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is adjusting the 2008 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) Pacific cod fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the GOA Pacific cod TAC does not exceed the appropriate amount based on the best available scientific information for Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska Management Area (FMP).
Federal Government Participation in the Automated Clearing House
Document Number: 08-22
Type: Proposed Rule
Date: 2008-01-09
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
We are proposing to amend our regulation which governs the use of the Automated Clearing House (ACH) system by Federal agencies. That regulation adopts, with some exceptions, the ACH Rules developed by NACHAThe Electronic Payments Association (NACHA) as the rules governing the use of the ACH Network by Federal agencies. We are issuing this proposed rule to address changes that NACHA has made to the ACH Rules since the publication of NACHA's 2005 ACH Rules book. We are proposing to adopt, with one exception, all of the changes that NACHA has approved since the issuance of the 2005 ACH Rules book, as reflected in the 2007 ACH Rules book. In addition, the proposed rule would provide two exceptions to the deposit account requirement in the regulation. The regulation requires that an ACH credit entry representing a Federal payment other than a vendor payment be deposited into a deposit account at a financial institution in the name of the recipient. On April 21, 2005, Treasury waived this requirement in order to allow some or all of the amount to be reimbursed to a Federal employee for official travel credit card charges to be disbursed directly to the credit card issuing bank. The proposed rule would codify this waiver. The proposed rule would also provide an exception from the requirements in cases where a Federal payment is to be disbursed through a debit card, stored value card, prepaid card or similar payment card program established by the Financial Management Service (Service).
Interpretation of the National Ambient Air Quality Standards for PM2.5
Document Number: 07-5954
Type: Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
The EPA recently finalized changes to the data handling conventions and computations necessary for determining when the annual and 24-hour national ambient air quality standards (NAAQS) for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5) are met. These changes were made in support of revisions to the NAAQS for particulate matter (PM) that were finalized in the same rulemaking. After publication, EPA discovered an inadvertent omission in the rule text explaining the procedures for calculating the key statistic (98th percentile) involved with determining compliance with the 24-hour PM2.5 standard in locations where extra samples of PM2.5 in ambient air were taken above the specified sampling frequency. If the error in the regulatory text is left unchanged, the resulting statistic for calculating compliance with the 24-hour PM2.5 standard would be biased low at some samplers, leading to potentially incorrect determinations that an area was attaining the NAAQS. In this direct final action, EPA is correcting this error. The correction involves the replacement of the currently used statistical formula and instructions with a simpler look-up table approach which is easier for readers to understand and which retains the intended numerical consistency with EPA's historic practice.
Interpretation of the National Ambient Air Quality Standards for PM2.5
Document Number: 07-5953
Type: Proposed Rule
Date: 2008-01-09
Agency: Environmental Protection Agency
The EPA recently finalized changes to the data handling conventions and computations necessary for determining when the annual and 24-hour national ambient air quality standards (NAAQS) for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5) are met. These changes were made in support of revisions to the NAAQS for particulate matter (PM) that were finalized in the same rulemaking. Following the publication of this rule, an omission was discovered in the rule text explaining the procedures for calculating the key statistic (98th percentile) involved with determining compliance with the 24-hour PM2.5 standard in locations where extra samples of PM2.5 in ambient air were taken above the intended sampling frequency. If the error in the regulatory text is left unchanged, the resulting statistic for calculating compliance with the 24-hour PM2.5 standard would be biased low at some samplers, leading to potentially incorrect determinations that an area was attaining the NAAQS. The EPA is proposing to correct this error. The proposed correction involves the replacement of the currently used statistical formula and instructions with a simpler look-up table approach which is easier for readers to understand and which retains the originally intended numerical consistency with EPA's historical practice.
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