March 14, 2008 – Federal Register Recent Federal Regulation Documents
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Proposed Exemptive Order for ST Gold Futures Contracts
The Commodity Futures Trading Commission (Commission) is proposing to exempt certain transactions in physically delivered futures contracts based on streetTRACKS[reg] Gold Trust Shares (ST gold futures contracts) \1\ from those provisions of the Commodity Exchange Act (CEA or Act),\2\ and the Commission's regulations thereunder, that are inconsistent with the trading and clearing of ST gold futures contracts as security futures. The proposed exemption would be conditioned on the compliance of transactions in ST gold futures contracts with the requirements established for security futures. The authority for the issuance of this exemption is found in Section 4(c) of the Act.\3\
Changes in the Requirement for a Description of the Mark in Trademark Applications
The United States Patent and Trademark Office (``USPTO'') amends the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters. This requirement will facilitate more accurate and comprehensive design coding and pseudo-mark data determinations, and therefore will promote better searchability of marks within the USPTO trademark database. The USPTO will maintain its practice of printing the description of a mark on the certificate of registration only when the USPTO deems the description necessary to clarify what is claimed in the mark.
Biological and Environmental Research Advisory Committee
This notice announces a teleconference meeting of the Biological and Environmental Research Advisory Committee. Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.
Notice of Renewal of the Climate Change Science Program Product Development Advisory Committee
Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act and in accordance with Title 41 of the Code of Federal Regulations, Section 102-3.65, and following consultation with the other Federal agencies responsible for preparing Climate Change Science Program (CCSP) Synthesis and Assessment Products that are required to comply with Section 106 of the Global Change Research Act of 1990 (Pub. L. 101-606), notice is hereby given that the Climate Change Science Program Product Development Advisory Committee has been renewed for a two-year period. The Committee will draft a specific CCSP Synthesis and Assessment Product on climate modeling at the request of the Department of Energy in accordance with the Guidelines for producing the CCSP Synthesis and Assessment Products. The Committee will update the Department of Energy on the progress during the development of the product and will agree upon the contents of the product before advising the Department to adopt the language. The Committee will function solely as an advisory body. The Secretary of Energy has determined that renewal of the Climate Change Science Program Product Development Advisory Committee is essential to the conduct of the Department's business and in the public interest in connection with the performance of duties imposed by law upon the Department of Energy. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act (Pub. L. 92-463), the General Services Administration Final Rule on Federal Advisory Committee Management, and other directives and instructions issued in implementation of those acts.
Airworthiness Directives; M7 Aerospace LP SA226 and SA227 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for certain M7 Aerospace LP SA226 and SA227 series airplanes. This proposed AD would require you to inspect electrical wires/components, hydraulic and bleed air tube assemblies at left-hand (LH) and right-hand (RH) inboard wing leading edge/battery box areas, LH/RH wing stations 51.167 to 81.174, and at all feed-through locations into the LH/RH inboard keelson. If chafing/arcing is found, this proposed AD would require you to reposition, repair, and/or replace all chafed electrical wires, components, and hydraulic and bleed air tube assemblies, as required. This proposed AD would also require you to reposition the battery lead cables, cover four-gauge wires leaving the battery box with firesleeving and secure with clamps, and protect the battery power cable. This proposed AD results from five reports of chafing between the bleed air tube and the electrical starter cables with one incident resulting in a fire. We are proposing this AD to detect and correct chafing/arcing of electrical wires, components, and bleed air lines. This condition could result in arcing of the exposed wires and burn a hole in the bleed air line or the nearby hydraulic line, and lead to a possible hydraulic fluid leak and fire in the engine nacelle compartment.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in April 2008. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Public Meeting: North American Cargo Securement Public Forum
FMCSA announces a public meeting concerning the implementation of the North American Standard for Protection Against Shifting or Falling Cargo. FMCSA's cargo securement rules are based on the North American Cargo Securement Standard Model Regulations (Model Regulations), reflecting the results of a multi-year comprehensive research program to evaluate what were then current U.S. and Canadian cargo securement regulations; the motor carrier industry's best practices; and recommendations presented during a series of public meetings involving U.S. and Canadian industry experts, Federal, State and Provincial enforcement officials, and other interested parties. Canada's Council of Ministers Responsible for Transportation and Highway Safety approved a National Safety Code Standard for cargo securement which is also based on the Model Regulations. This meeting is to discuss the process for ensuring the consistent interpretation of the harmonized cargo securement standards by FMCSA and the Canadian Provinces, and interpretation issues raised by enforcement agencies and motor carriers in the U.S. and Canada.
Solicitation of Applications for the National Technical Assistance, Training, Research and Evaluation Program: Economic Development Research Projects
The Economic Development Administration (EDA) is soliciting applications for FY 2008 National Technical Assistance, Training, Research and Evaluation program (NTA Program) funding. Through this notice, EDA solicits applications for funding that address one or more of the following three research projects: (1) Regional innovation systems; (2) urban economic development policy; and (3) global economic development strategy. EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Through its NTA Program, EDA works towards fulfilling its mission by funding research and technical assistance projects to promote competitiveness and innovation in rural and urban regions throughout the United States and its territories. By working in conjunction with its research partners, EDA will help States, local governments, and community-based organizations to achieve their highest economic potential.
Advancing Democracy Around the World
The State Department's Bureaus of International Information Programs (IIP) and Democracy Human Rights and Labor (DRL) invite U.S.- based civil society and private-sector groups and American citizens engaged in democracy promotion abroad to partner with us on innovative programs that develop Internet-based multi-media materials for non-U.S. audiences relevant to democracy.
Culturally Significant Objects Imported for Exhibition Determinations: “Art of the Royal Court: Treasures in Pietre Dure from the Palaces of Europe”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Art of the Royal Court: Treasures in Pietre Dure from the Palaces of Europe,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Metropolitan Museum of Art, New York, from on or about July 1, 2008, until on or about September 21, 2008, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA does not object to the preferred alternative. Rating: LO.
Lightweight Thermal Paper from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination
The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of lightweight thermal paper from the People's Republic of China. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2008 Season
The U.S. Fish and Wildlife Service (Service or we) is publishing migratory bird subsistence harvest regulations in Alaska for the 2008 season. This proposed rule establishes regulations that prescribe dates when harvesting of birds may occur, species that can be taken, and methods and means excluded from use. These regulations were developed under a Co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking enacts region-specific regulations that go into effect on April 2, 2008, and expire on August 31, 2008.
Proposed Establishment of Class D Airspace and Amendment of Class E Airspace; North Bend, OR
This action proposes to establish Class D airspace and amend Class E airspace at Southwest Oregon Regional Airport, North Bend, OR. The establishment of an air traffic control tower has made this action necessary for the safety and management of aircraft within this airspace. This action will also update the name of the airport from North Bend Municipal Airport, North Bend, OR.
Announcement of the American Petroleum Institute's Standards Activities
The American Petroleum Institute (API), with the assistance of other interested parties, continues to develop standards, both national and international, in several areas. This notice lists the standardization efforts currently being conducted by API committees. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of API is being undertaken as a public service. NIST does not necessarily endorse, approve, or recommend the standards referenced.
Commercial Driver's License Standards: Application for Exemption; Volvo Trucks North America (Volvo)
FMCSA announces that Volvo Trucks North America (Volvo) has applied for an exemption from the Federal requirement for a driver of commercial motor vehicles (CMVs) to hold a commercial drivers license (CDL). Volvo requests that the exemption cover three Swedish field test engineers who will test-drive CMVs for Volvo within the United States. These three Volvo employees all hold a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future clean air standards, to test-drive Volvo prototype vehicles to verify results in ``real world'' environments, and to deliver the vehicles if necessary in the United States. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensures the exemption would provide a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirements for a CDL.
Hours of Service of Drivers: Cummins, Inc. (Cummins) Application for Exemption
FMCSA has received from Cummins, Inc. (``Cummins'') an application for an exemption from the Federal Motor Carrier Safety Regulations regarding maximum driving time for drivers of passenger- carrying vehicles. The exemption would allow Cummins' drivers delivering new buses without any passengers in a driveaway operation to be governed by the hours-of-service (HOS) requirements for drivers of property-carrying vehicles. Cummins' drivers are operating these motor vehicles as test vehicles to determine the performance of various types of engines as well as components that are closely related to the design and manufacture of the described engines. Cummins states that the level of safety will be equivalent or greater than the level of safety that would be obtained by complying with the HOS regulations for drivers of passenger-carrying vehicles. FMCSA requests public comment on Cummins' application for exemption.
Proposed Collection; Comment Request for Review of a Revised Information Collection: Agency Generic Survey Plan
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget a request for review of a revised information collection. The agency Generic Survey Plan will be revised to be an umbrella for all OPM customer satisfaction surveys used to measure satisfaction with OPM programs and services. This Plan satisfies the requirements of Executive Order 12862 and the guidelines set forth in OMB's ``Resource Manual for Customer Surveys''. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. The surveys completed will include web-based (electronic), paper- based, telephone and focus groups. We estimate approximately 1,000,000 surveys will be completed annually. The time estimate varies from 3 minutes to 2 hours to complete with the average being 15 minutes. The annual estimated burden is 250,000 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-2150, Fax (202) 418-3251 or e-mail to: mbtoomey@opm.gov.
Solicitation of Applications for the Regional Training Curriculum Implementation Program
In FY 2006, EDA funded the development of a practitioner- oriented curriculum to acquaint local economic development practitioners with the benefits, process, and practice of economic regionalism. Pursuant to its National Technical Assistance, Training, Research and Evaluation program, EDA previously solicited applications for a project designed to implement the regional training curriculum, but determined applications received under that solicitation were not satisfactory. Accordingly, EDA now re-solicits applications to implement the regional training curriculum developed under the FY 2006 award.
Procurement List Deletions
This action deletes from the Procurement List products previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
Procurement List; Proposed Additions and Deletions
The Committee is proposing to add to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a service previously furnished by such agencies. Comments Must Be Received on or Before: April 13, 2008.
Airworthiness Directives; Various Transport Category Airplanes Equipped with Auxiliary Fuel Tanks Installed in Accordance with Certain Supplemental Type Certificates
The FAA proposes to adopt a new airworthiness directive (AD) for various transport category airplanes. This proposed AD would require deactivation of PATS Aircraft, LLC, auxiliary fuel tanks. This proposed AD results from fuel system reviews conducted by the manufacturer, which identified potential unsafe conditions for which the manufacturer has not provided corrective actions. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Gulfstream Aerospace LP Model Astra SPX and 1125 Westwind Astra Airplanes and Gulfstream 100 Airplanes
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:
Proposed Agency Information Collection
The Department of Energy (DOE) has submitted to the Office of Management and Budget (OMB) for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995. The proposed collection will measure perceptions of DOE and contractor employees regarding the Employee Concerns Program, as well as measure the effectiveness of the Employee Concerns Program as experienced by clients.
Alternative Fuel Transportation Program; Private and Local Government Fleet Determination
Pursuant to the Energy Policy Act of 1992 (EPAct 1992), the Department of Energy (DOE) has determined that a regulatory requirement for the owners and operators of certain private and local government fleets to acquire alternative fueled vehicles (AFVs) is not necessary to achieve the recently modified EPAct 1992 Replacement Fuel Goal. DOE therefore has determined that it cannot issue a requirement for certain private and local government fleets to acquire alternative fueled vehicles.
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the San Bernardino Lakes and Streams, San Bernardino County, CA
The purpose of the study is to evaluate approximately a 16- mile reach of the Santa Ana River along the southern boundary of the City of San Bernardino and the northern boundary of the City of Redlands located in San Bernardino County, CA. The focus will be on watershed improvements by developing alternatives for ecosystem restoration, and incorporating flood risk management features in some areas in downtown San Bernardino and Redlands. The restoration project will concentrate on revitalization of the riparian vegetation community; establish environmental corridor to benefit wildlife and sensitive species; and address flood risk management uses. The portion of the Santa Ana River to be studied is located entirely within San Bernardino County, CA.
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Nunamiut Corporation, Inc. for the Native village of Anaktuvuk Pass. The lands are in the vicinity of Anaktuvuk Pass, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Shishmaref Native Corporation. The lands are in the vicinity of Shishmaref, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Alaska Peninsula Corporation, Successor-in-Interest to Meshik Incorporated. The lands are in the vicinity of Port Heiden, Alaska, and are located in:
Notice Regarding Revisions to the Laboratory Protocol To Measure the Quantity of Nicotine Contained in Smokeless Tobacco Products Manufactured, Imported, or Packaged in the United States
This notice amends the uniform protocol for the analysis of nicotine, total moisture, and pH in smokeless tobacco products (the ``protocol''). The protocol, originally published in 1999 [Federal Register, Vol. 64, No. 55, `` Annual Submission of the Quantity of Nicotine Contained in Smokeless tobacco products manufactured, imported, or packaged in the United States Requirement; Notice,'' 14085-14096 (FR Doc. 99-7022)], implements the requirement of the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA) of 1986 (15 U.S.C. 4401 et seq., Pub. L. 99-252) that each entity manufacturing, packaging, or importing smokeless tobacco products shall annually provide the Secretary of Health and Human Services (HHS) with a specification of the quantity of nicotine contained in each smokeless tobacco product.
Appointment of Army Officials to the Army Emergency Relief-Board of Managers and Board of Advisors
Notice is given of certain Army officials assigned to positions authorized to serve without compensation as a director or officer, or to otherwise participate in the management of the Army Emergency Relief (AER), a military welfare society.
Intent to Prepare an Environmental Impact Statement for the San Francisco Bay to Stockton (John F. Baldwin and Stockton Ship Channels) Navigation Improvement Project, California
In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), San Francisco District, the Port of Stockton, and the Contra Costa County Water Agency are preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to evaluate the efficiency of the movement of goods along the existing deep draft navigation route extending from the San Francisco Bay to the Port of Stockton. The proposed action consists of altering the depth of the deep draft navigation route. The authority for the San Francisco Bay to Stockton Navigation Improvement Project was provided under House Document 208, House Report 89-973 cited in Section 301 of the Rivers and Harbors Act of 1965, Pub. L. 89-298, Sec. 204, 79 Stat. 1073. This is a notice of intent to prepare an EIS/ EIR, and to consider all reasonable alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.
Coastal Engineering Research Board (CERB)
In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Coastal Engineering Research Board (CERB). Date of Meeting: April 2, 2008. Place: Marriott New Orleans Metairie at Lakeway, 3838 N. Causeway Boulevard, Metairie, LA 70002. Time: 8 a.m. to 3:30 p.m.
Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2008-09 Subsistence Taking of Fish and Shellfish Regulations
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D2007-08 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2008.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Wrightsville Beach; Cape Fear and Northeast Cape Fear Rivers, Both in Wilmington, NC
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of three North Carolina Department of Transportation (NCDOT) drawbridges: The S.R. 74 Bridge, across the Atlantic Intracoastal Waterway mile 283.1 at Wrightsville Beach, NC; the Cape Fear River Memorial Bridge at mile 26.8, and the Isabel S. Holmes Bridge, at mile 1.0, across Northeast Cape Fear River both in Wilmington, NC, to accommodate distance races.
Regulated Navigation Areas: Cape Fear River, Wilmington, NC
The Coast Guard is establishing a regulated navigation area (RNA) on the waters of the Cape Fear River, Wilmington, NC. This action is necessary to minimize the potential risk of allision to the USS NORTH CAROLINA, a United States Navy submarine, while moored at the North Carolina State Port, Wilmington, NC. This rule will enhance the safety of vessels transiting this area of the Cape Fear River during the period of reduced horizontal clearance.
Security Zone; Cape Fear River, Wilmington, NC
The Coast Guard will establish a temporary security zone on the waters of the Cape Fear River off the North Carolina State Port Authority facilities, Wilmington, North Carolina during the USS NORTH CAROLINA Commissioning ceremony. The security zone is necessary to provide for the security of the USS NORTH CAROLINA and the safety of life of event participants, spectators and mariners on U.S. navigable waters during the event. Entry into the zone is prohibited unless authorized by the Captain of the Port or a designated representative.
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