February 1, 2008 – Federal Register Recent Federal Regulation Documents

This Third Report and Order finalizes the material degradation requirements adopted by the Commission in 2001, and establishes two alternative approaches that cable operators may use to meet their responsibility to ensure that cable subscribers with analog television sets can continue to view all must-carry stations after the end of the DTV transition. The Commission adopts rules to ensure that cable subscribers will continue to be able to view broadcast stations after the transition, and that they will be able to view those broadcast signals at the same level of quality in which they are delivered to the cable system. The Commission announces these rules now to ensure that cable operators and broadcasters have sufficient time to prepare to comply with them.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pfizer, Inc. The supplemental NADA provides for veterinarian prescription use of tulathromycin injectable solution for the treatment of infectious bovine keratoconjunctivitis and the addition of a pathogen to the indication for use for treatment of swine respiratory disease.

This proposed rule would implement management measures for the vessel-based bottomfish fishery in the Main Hawaiian Islands, including requirements for non-commercial (recreational and subsistence) permits and data reporting, a closed season, annual total allowable catch limits, and non-commercial bag limits. The proposed action is intended to end the overfishing of bottomfish in the Hawaiian Archipelago.

This document notes that the Secretary of the Treasury, as required by recent postal reform legislation, has filed with the Commission a report and recommendations on accounting practices and principles that will govern the operation of the Competitive Products Fund. It briefly reviews the recommendations, poses several related questions, and invites public comment. Comments will assist the Commission in developing future regulations governing the Competitive Products Fund.

This action proposes to revise Class E airspace at New Stuyahok, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the New Stuyahok Airport at New Stuyahok, AK. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the New Stuyahok Airport, New Stuyahok, AK.

This document provides an additional 15 days for interested persons to submit comments on the proposed rule to amend the Customs and Border Protection (CBP) regulations to require both importers and carriers to submit additional information pertaining to cargo before the cargo is brought into the United States by vessel. The proposed rule was published in the Federal Register on January 2, 2008, and the comment period was scheduled to expire on March 3, 2008.

The MMS proposes to amend its regulations for oil and gas leases on the Outer Continental Shelf to implement a mandate in the Gulf of Mexico Energy Security Act of 2006. This proposed rule would (1) provide a credit to lessees who relinquish certain eligible leases in the Gulf of Mexico; (2) define eligible leases as those within 125 miles of the Florida coast in the Eastern Planning Area and certain leases within 100 miles of the Florida coast in the Central Planning Area; and (3) allow lessees to use the credits in lieu of monetary payment for either a lease bonus bid or royalty due on oil and gas production from most other leases in the Gulf of Mexico or to transfer the credits to other Gulf of Mexico lessees for their use.

This action proposes to revise Class E airspace at Anvik, AK. Two Standard Instrument Approach Procedures (SIAPs) and a textual departure procedure (DP) are being developed for the Anvik Airport at Anvik, AK. Additionally, one SIAP is being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Anvik Airport, Anvik, AK.

The Securities and Exchange Commission is amending its procedures for payment of fees imposed under the federal securities laws to update the procedures and reflect the designation of U.S. Bank, N.A. (``U.S. Bank'') as the Commission's U.S. Treasury Department (``Treasury'') designated lockbox depository.

This action approves a revision to the Ohio State Implementation Plan (SIP) submitted on April 17, 2007, and revised on September 26, 2007. This SIP revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan (CAIR SIP) concerning sulphur dioxide (SO2), oxides of nitrogen (NOX) annual and NOX ozone season emissions for the State of Ohio, promulgated on April 28, 2006, and revised on December 13, 2006. EPA is not making any changes to the CAIR FIP but is amending, to the extent EPA approves Ohio's SIP revision, the appropriate appendices in the CAIR FIP trading rules simply to note that approval. The Ohio SIP revision that was submitted on April 17, 2007, was a full CAIR SIP revision. In a letter submitted on September 26, 2007, Ohio requested that EPA consider the September 26, 2007, submittal as two separate submittals, i.e., as a full CAIR SIP and as an abbreviated CAIR SIP. Ohio requested that EPA act on specific portions of the September 26, 2007, submittal as an abbreviated CAIR SIP. EPA approves Ohio's abbreviated SIP revision that addresses the methodology used to allocate annual and ozone season NOX allowances to affected electric generating units (EGUs), and the opt-in provisions, under the CAIR trading programs and the CAIR SIP. This action also contains EPA's response to a comment from the State of Connecticut following publication of the original direct final approval of the Ohio plan on October 16, 2007. We withdrew the original direct final rule on December 5, 2007, because of receipt of this comment. For reasons expressed in the body of this rule, EPA believes the comment from Connecticut is not relevant to this final action and, therefore, we are moving forward to approve the Ohio plan. As such, EPA will populate the compliance accounts of units affected by the State's rule shortly after the effective date of this rule.

This final rule revises the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]), to add a new Priority Mail[supreg] Large Flat-Rate Box that has been approved by the Board of Governors of the United States Postal Service for domestic and international Priority Mail shipments. The new Priority Mail large flat-rate box is approximately 50 percent larger than the regular flat-rate boxes currently available. Two prices will apply to the large flat-rate box when mailed to international destinations: $29.95 for Priority Mail InternationalTM service to Canada and Mexico. $49.95 for Priority Mail International service to all other countries. The larger flat-rate box is identified by the words ``Large Flat- Rate Box'' printed on the packaging.

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2007-26-51, which was sent previously to all known U.S. owners and operators of Eurocopter Deutschland GmbH (Eurocopter) Model EC135 helicopters by individual letters. This AD requires, within 5 hours time-in-service (TIS), inspecting the tail rotor control rod (control rod) and adjoining ball pivot and replacing any unairworthy parts before further flight. This amendment is prompted by a report of a fatal accident involving the failure of a control rod. The actions specified by this AD are intended to prevent failure of a control rod and subsequent loss of control of the helicopter.

The Coast Guard is proposing to update the rates for pilotage on the Great Lakes. Based on our review, we propose to adjust the pilotage rates an average of 8.17% for the 2008 shipping season to generate sufficient revenue to cover allowable expenses, target pilot compensation, and returns on investment. We also are proposing a clarification of the duty of pilots and pilot associations to cooperate with lawful authority. This rulemaking promotes the Coast Guard strategic goal of maritime safety.

This document establishes a new series for the Department of Veterans Affairs (VA) Loan Guaranty regulations, which will be phased in over an approximately eleven-month timeframe, as mortgage servicing industry segments ``go live'' on a new computer-based tracking system being established by VA. This new series replicates existing regulations for most aspects of the VA Loan Guaranty program, but also includes changes related to several aspects of the servicing and liquidating of guaranteed housing loans in default, and the submitting of guaranty claims by loan holders. Specific topics revised in the new 4800 series include: increasing authority of servicers to implement loss-mitigation options, making incentive payments to servicers for successful loss-mitigation options, establishing a system of measuring and ranking servicer performance, establishing updated reporting requirements, permitting loan holders to review liquidation appraisals, requiring holders to calculate the net value of the security property prior to foreclosure, establishing a timeframe for when foreclosure of a defaulted loan should be completed, limiting the amount of interest and other fees and charges that may be included in a guaranty claim, establishing allowable attorneys fees to be included in the guaranty claim, establishing a deadline for the submission of guaranty claims, modifying the requirements for title evidence for properties conveyed to VA following foreclosure, modifying the requirements for how long a holder must maintain records relating to loans for which VA has paid a claim on the guaranty, and eliminating the requirement for the submission of legal procedural papers to VA. This document also includes specific revisions to three rules related to increased attorney fee allowances, establishment of a time limit for filing a claim under the guaranty, and granting authority for the Servicer Appraisal Processing Program that will be effective for all program participants upon publication of these rules.