March 2008 – Federal Register Recent Federal Regulation Documents

DTV Consumer Education Initiative
Document Number: E8-6683
Type: Rule
Date: 2008-03-31
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of six months under its emergency processing rules (5 CFR 1320.13), the information collection(s) associated with the Commission's 2008 Report and Order concerning DTV Consumer Education Initiative. This notice is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the rules.
Changes to Requirements Affecting H-2A Nonimmigrants: Extending the Public Comment Period
Document Number: E8-6605
Type: Proposed Rule
Date: 2008-03-31
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) announces the extension of the public comment period for the proposed rule entitled ``Changes to Requirements Affecting H-2A Nonimmigrants.'' The proposed rule was published in the Federal Register on February 13, 2008. Written comments on the proposed rule were to be submitted to USCIS on or before March 31, 2008 (a 45-day comment period) in order to be assured of consideration. USCIS has decided to accept comments from the public through April 14, 2008.
Implantation or Injectable Dosage Form New Animal Drugs; Penicillin G Benzathine and Penicillin G Procaine Suspension
Document Number: E8-6603
Type: Rule
Date: 2008-03-31
Agency: Food and Drug Administration, Department of Health and Human Services
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 IVX Animal Health, Inc. The supplemental NADA provides for changing scientific nomenclature for a bovine pathogen on labeling for penicillin G benzathine and penicillin G procaine injectable suspension.
New Animal Drugs For Use in Animal Feed; Zilpaterol
Document Number: E8-6601
Type: Rule
Date: 2008-03-31
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Intervet Inc. The NADA provides for use of approved, single-ingredient Type A medicated articles containing zilpaterol hydrochloride and melengestrol acetate in two-way combination Type B and Type C medicated feeds for heifers fed in confinement for slaughter.
Proposed Revision of Class E Airspace; Deadhorse, AK
Document Number: E8-6597
Type: Proposed Rule
Date: 2008-03-31
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Deadhorse, AK. Eight Standard Instrument Approach Procedures (SIAPs) and a textual Departure Procedure (DP) are being amended for the Deadhorse Airport at Deadhorse, AK. Adoption of this proposal would result in revision of Class E airspace upward from the surface, and from 700 feet (ft.) and 1,200 ft. above the surface at the Deadhorse Airport, Deadhorse, AK.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program
Document Number: E8-6584
Type: Proposed Rule
Date: 2008-03-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations implementing Amendment 26 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These proposed regulations would amend the Bering Sea/Aleutian Islands Crab Rationalization Program. Amendment 26 would amend the FMP to exempt permanently quota share issued to crew members, and the annual harvest privileges derived from that quota share, from requirements for delivery to specific processors, delivery within specific geographic regions, and participation in an arbitration system to resolve price disputes. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.
Defense Federal Acquisition Regulation Supplement; Contractor Personnel Authorized To Accompany U.S. Armed Forces (DFARS Case 2005-D013)
Document Number: E8-6582
Type: Rule
Date: 2008-03-31
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD policy regarding contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.
Equipment Approval of Modular Transmitters
Document Number: E8-6556
Type: Rule
Date: 2008-03-31
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements contained in the ``Unlicensed Devices and Equipment Approval,'' Report and Order. These new rules required modification of the Form 731 Application for Equipment Authorization, and contained information collection requirements subject to the Paperwork Reduction Act of 1995 that were not effective until after approval by the Office of Management and Budget (OMB).
Privacy Act Regulations
Document Number: E8-6551
Type: Proposed Rule
Date: 2008-03-31
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
The Equal Employment Opportunity Commission is proposing to revise its regulations at 29 CFR Part 1611, which implement the Privacy Act of 1974, to exempt one of its systems of records from one of the Act's requirements.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 30A
Document Number: E8-6523
Type: Proposed Rule
Date: 2008-03-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 30A to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico for review, approval, and implementation by NMFS. Amendment 30A proposes actions to end overfishing of greater amberjack and gray triggerfish and to rebuild these stocks to sustainable levels.
Airworthiness Directives; Dassault Model Mystère-Falcon 900 and Falcon 900EX Airplanes
Document Number: E8-6522
Type: Proposed Rule
Date: 2008-03-31
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:
Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes and Model Falcon 900EX Airplanes
Document Number: E8-6521
Type: Proposed Rule
Date: 2008-03-31
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:
Disparate Impact Under the Age Discrimination in Employment Act
Document Number: E8-6517
Type: Proposed Rule
Date: 2008-03-31
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this notice of proposed rulemaking (``NPRM'') to address issues related to the United States Supreme Court's decision in Smith v. City of Jackson. The Court ruled that disparate impact claims are cognizable under the Age Discrimination in Employment Act (``ADEA'') but that liability is precluded when the impact is attributable to a reasonable factor other than age. Current EEOC regulations interpret the ADEA as prohibiting an employment practice that has a disparate impact on individuals within the protected age group unless it is justified as a business necessity.
Puerto Rican Tobacco Products and Cigarette Papers and Tubes Shipped From Puerto Rico to the United States (2007R-368P)
Document Number: E8-6513
Type: Rule
Date: 2008-03-31
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau is adopting as a final rule, with some clarifying changes and editorial corrections, the temporary regulations set forth in T.D. ATF-444. These temporary regulations eliminated the onsite preshipment inspection of, and the requirement to complete several ATF forms for, shipments to the United States of tobacco products and cigarette papers and tubes manufactured in Puerto Rico.
United States-Jordan Free Trade Agreement
Document Number: E8-6511
Type: Rule
Date: 2008-03-31
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection
This document adopts as a final rule, without change, interim amendments to title 19 of the Code of Federal Regulations which were published in the Federal Register on June 27, 2007, as CBP Dec. 07-50 to implement the preferential tariff treatment and other customs- related provisions of the United States-Jordan Free Trade Agreement signed by the United States and the Hashemite Kingdom of Jordan.
Airworthiness Directives; British Aerospace Regional Aircraft ModelHP. 137 Jetstream MK 1, Jetstream Series 200, 3100, and 3200 Airplanes
Document Number: E8-6509
Type: Proposed Rule
Date: 2008-03-31
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:
Proposed Establishment of the Haw River Valley Viticultural Area (2007R-179P)
Document Number: E8-6508
Type: Proposed Rule
Date: 2008-03-31
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 868-square mile ``Haw River Valley'' viticultural area in Alamance, Caswell, Chatham, Guilford, Orange, and Rockingham Counties, North Carolina. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Travel Expenses of State Legislators
Document Number: E8-6500
Type: Proposed Rule
Date: 2008-03-31
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to travel expenses of state legislators while away from home. The regulations affect eligible state legislators who make the election under section 162(h) of the Internal Revenue Code (Code). The regulations are necessary to clarify the amount of travel expenses that may be deducted by a state legislator who makes the election under section 162(h).
Improving Public Safety Communications in the 800 MHz Band
Document Number: E8-6494
Type: Proposed Rule
Date: 2008-03-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission proposes to eliminate, as of January 1, 2009, the requirement that Broadcast Auxiliary Service (BAS) licensees in the thirty largest markets and fixed BAS links in all markets be transitioned before the Mobile Satellite Service (MSS) operators can begin offering service. The Commission also seeks comment on how to mitigate interference between new MSS entrants and incumbent BAS licensees who have not completed relocation before the MSS entrants begin offering service. In addition, the Commission seeks comment on allowing MSS operators to begin providing service in those markets where BAS incumbents have been transitioned.
Changes in Maximum Mortgage Limits for Multifamily Housing
Document Number: E8-6491
Type: Rule
Date: 2008-03-31
Agency: Department of Housing and Urban Development
This rule conforms HUD's regulations to a recent statutory increase in the amount by which HUD may increase the dollar amount limitations on insured mortgages for multifamily housing.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Bradenton Beach, FL, Schedule Change
Document Number: E8-6483
Type: Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating regulations governing the Cortez bridge mile 87.4 and the Anna Maria bridge mile 89.2 across the Gulf Intracoastal Waterway to allow for the rehabilitation of the Anna Maria Bridge. This rule will allow each bridge to open on a twice an hour schedule, except that they will be closed to navigation in the evening; also each bridge will open once every hour during the 45 day vehicle closure period on the Anna Maria Bridge. This action is necessary for worker safety and will assist in expediting the rehabilitation of the Anna Maria Bridge.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Mile 113, St. Petersburg Beach, FL
Document Number: E8-6481
Type: Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating regulations governing the Pinellas Bayway Structure ``E'' (SR 679 Bridge), Gulf Intracoastal Waterway, mile 113, St. Petersburg Beach, Pinellas County, Florida. This rule will provide vehicular traffic relief during heavy vehicular traffic periods flowing into a nearby county park and will meet the reasonable needs of navigation.
Commercial Fishing Industry Vessels
Document Number: E8-6477
Type: Proposed Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is developing a set of proposed amendments to its commercial fishing industry vessel regulations. The proposed changes would enhance maritime safety by adding new requirements for vessel stability and watertight integrity, stability training and assessments, vessel maintenance and self-examinations, immersion suits, crew preparedness, safety training, emergency preparation, safety and training personnel, safety equipment, and documentation. Miscellaneous conforming, clarifying, and other administrative changes are also contemplated.
Drawbridge Operation Regulations; Intracoastal Waterway (ICW); Atlantic City, NJ, Air Show Event
Document Number: E8-6475
Type: Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the US40-322 (Albany Avenue) Bridge, at ICW mile 70.0, across Inside Thorofare at Atlantic City, NJ. This deviation is necessary to facilitate traffic control during the Atlantic City Air Show. This deviation will cause the bridge to be maintained in the closed-to-navigation position.
Safety Zone: Stars and Stripes Fourth of July Fireworks Event, Nansemond River, Suffolk, VA
Document Number: E8-6474
Type: Proposed Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a safety zone on the Nansemond River in the vicinity of Suffolk, VA in support of the Stars and Stripes Fourth of July Fireworks event. This action is intended to restrict vessel traffic movement on the Nansemond River to protect mariners from the hazards associated with fireworks displays.
Drawbridge Operation Regulations; Sacramento River, Rio Vista, CA, Drawbridge Maintenance
Document Number: E8-6473
Type: Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Rio Vista Drawbridge across the Sacramento River, mile 12.8, at Rio Vista, CA. The deviation is necessary to allow the bridge owner, the California Department of Transportation (Caltrans), to conduct required maintenance of the drawspan. This deviation allows for a 4-hour notice for openings during nighttime.
Safety Zone: Thames River, New London, CT
Document Number: E8-6472
Type: Proposed Rule
Date: 2008-03-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary safety zone on the federal channel of the Thames River surrounding the Amtrak Railroad Bridge in the Town of New London, Connecticut. This safety zone is necessary to protect vessels transiting in the area from hazards imposed by construction barges and equipment. The barges and equipment are being utilized to remove the old bascule bridge and install a new vertical lift span bridge over the Thames River. Entry into this zone will be prohibited unless authorized by the Captain of the Port, Long Island Sound.
Airworthiness Directives; Viking Air Limited Models DHC-6-1, DHC-6-100, DHC-6-200, and DHC-6-300 Airplanes
Document Number: E8-6469
Type: Proposed Rule
Date: 2008-03-31
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:
Airworthiness Directives; Viking Air Limited Models DHC-6-1, DHC-6-100, DHC-6-200, and DHC-6-300 Airplanes
Document Number: E8-6468
Type: Proposed Rule
Date: 2008-03-31
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:
Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records
Document Number: E8-6393
Type: Proposed Rule
Date: 2008-03-31
Agency: National Transportation Safety Board, Agencies and Commissions
The NTSB is proposing to amend its regulations concerning notification and reporting requirements with regard to aircraft accidents or incidents. The existing version of the definitions section does not address unmanned aircraft accidents; therefore, the NTSB proposes to update the definitions section in order to define ``unmanned aircraft accident.''
Information on Foreign Chain of Distribution for Ephedrine, Pseudoephedrine, and Phenylpropanolamine
Document Number: E8-6357
Type: Proposed Rule
Date: 2008-03-31
Agency: Drug Enforcement Administration, Department of Justice
The Combat Methamphetamine Epidemic Act of 2005 (CMEA), which was enacted on March 9, 2006, requires DEA to collect from importers of ephedrine, pseudoephedrine, and phenylpropanolamine all information known to the importer on the foreign chain of distribution of the chemical from the manufacturer to the importer. DEA is proposing to amend its regulations to incorporate the requirement for this information into the import declaration.
Modification of Class E Airspace; Staunton, VA
Document Number: E8-6330
Type: Rule
Date: 2008-03-31
Agency: Federal Aviation Administration, Department of Transportation
This action modifies the effective time of the Class E Airspace at Staunton, VA. The Shenandoah Valley Regional Airport Commission is requesting to change their current Class E2 Airspace from part time (currently 1200 to 0400 Zulu) to full time. This action enhances the safety and management of Instrument Flight Rule (IFR) operations in the area by providing the required controlled airspace to support terminal operations continuously at Staunton, VA.
Fitness for Duty Programs
Document Number: E8-4998
Type: Rule
Date: 2008-03-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations for Fitness for Duty (FFD) programs to update these requirements and enhance consistency with advances in other relevant Federal rules and guidelines, including the U.S. Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, and other Federal drug and alcohol testing programs that impose similar requirements on the private sector. The amendments require nuclear power plant licensees and other entities, including facilities possessing Category 1A material, to strengthen the effectiveness of their FFD programs. In addition, the amendments require nuclear power plant licensees and other entities to enhance consistency between with the FFD programs with NRC's access authorization requirements for nuclear power plants. The amendments also require nuclear power plant licensees to ensure against worker fatigue adversely affecting public health and safety and the common defense and security by establishing clear and enforceable requirements for the management of worker fatigue. The final rule ensures that individuals who are subject to these regulations are trustworthy and reliable, as demonstrated by avoiding substance abuse; are not under the influence of drugs or alcohol while performing their duties; and are not mentally or physically impaired from any other cause that would in any way adversely affect their ability to perform their duties safely and competently. This final rule also grants, in part, a petition for rulemaking (PRM-26-1) submitted by Virginia Electric and Power Company (now Dominion Virginia Power) on December 30, 1993, by relaxing several required FFD program audit frequencies, and partially grants a petition for rulemaking (PRM-26-2) submitted by Barry Quigley on December 28, 1999.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska
Document Number: 08-1082
Type: Rule
Date: 2008-03-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2008 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA.
Federal Acquistion Regulation; FAR Case 2007-016, Trade Agreements-New Thresholds
Document Number: Z8-3390
Type: Rule
Date: 2008-03-28
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Department of Defense
Revision of Fee Schedules; Fee Recovery for FY 2008
Document Number: Z8-2412
Type: Proposed Rule
Date: 2008-03-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Military Recruiting and Reserve Officer Training Corps Program Access to Institutions of Higher Education
Document Number: E8-6536
Type: Rule
Date: 2008-03-28
Agency: Office of the Secretary, Department of Defense
The Department of Defense revises the current rule addressing military recruiting and Reserve Officer Training Corps program access at institutions of higher education. This final rule implements 10 U.S.C. 983, as amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375 (October 28, 2004)). As amended, 10 U.S.C. 983 clarifies access to campuses, access to students and access to directory information on students for the purposes of military recruiting, and now states that access to campuses and students on campuses shall be provided in a manner that is at least equal in quality and scope to that provided to any other employer. The prohibition against providing Federal funds when there is a violation of 10 U.S.C. 983 has an exception for any Federal funds provided to an institution of higher education, or to an individual, that are available solely for student financial assistance, related administrative costs, or costs associated with attendance. Such funds may be used for the purpose for which the funding is provided. A similar provision in section 8120 of the Department of Defense Appropriations Act of 2000 (Pub. L. 106-79; 113 Stat. 1260) has been repealed. This rule also rescinds the previous policy that established an exception that would limit recruiting on the premises of the covered school only in response to an expression of student interest when the covered school certified that too few students had expressed interest to warrant accommodating military recruiters.
Import Administration, Withdrawal of Regulations Governing the Treatment of Subcontractors (“Tolling” Operations)
Document Number: E8-6499
Type: Rule
Date: 2008-03-28
Agency: Department of Commerce, International Trade Administration
Import Administration issues this interim final rule for the purpose of withdrawing its regulation governing the treatment of tollers or subcontractors for purposes of determining export price, constructed export price, fair value, and normal value in antidumping duty proceedings.
South Pacific Tuna Fisheries; Establishment of Limits on Entry or Effort in the Purse Seine Fishery in the Western and Central Pacific Ocean
Document Number: E8-6457
Type: Proposed Rule
Date: 2008-03-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that persons who enter the purse seine fishery in the western and central Pacific Ocean (WCPO), as managed under the South Pacific Tuna Act of 1988 (SPTA), the Western and Central Pacific Convention Implementation Act (WCPFCIA) and other law, after March 28, 2008 (``control date''), are not guaranteed future participation in the fishery if NMFS decides to revise the criteria and procedures used to process license applications and/or to limit further the number of licenses available in the fishery. NMFS is considering the need to undertake such actions in order to provide greater clarity about the process used and thus help license holders and prospective license applicants in making business decisions, as well as to fulfill the obligations of the United States under international agreements to which it is party. This action does not commit NMFS to revising the criteria and procedures it uses or to establishing a new limit, and it does not prevent any other date or criteria from being selected for eligibility to participate in the fishery.
Marine Mammals; Advance Notice of Proposed Rulemaking
Document Number: E8-6443
Type: Proposed Rule
Date: 2008-03-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On January 31, 2008, NMFS published an Advanced Notice of Proposed Rulemaking (ANPR) soliciting public comments on revisions to its implementing regulations governing the taking of stranded marine mammals. Written comments were due by March 31, 2008. NMFS has decided to allow additional time for submission of public comments on this action.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Total Allowable Catches for Eastern Georges Bank Cod, Eastern Georges Bank Haddock, and Georges Bank Yellowtail Flounder in the U.S./Canada Management Area for Fishing Year 2008
Document Number: E8-6442
Type: Rule
Date: 2008-03-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The following Total Allowable Catches (TACs) in the U.S./ Canada Management Area are implemented for the 2008 fishing year (FY): 667 mt of Eastern Georges Bank (GB) cod, 8,050 mt of Eastern GB haddock, and 1,950 mt of GB yellowtail flounder. These TACs may be adjusted during FY 2008, if NMFS determines that the harvest of these stocks in FY 2007 exceeded the TACs specified for FY 2007. Further, NMFS is postponing the FY 2008 opening of the Eastern U.S./Canada Area until August 1, 2008, for trawl vessels. Longline gear vessels are allowed to fish in the Eastern U.S./Canada Area during the May through July 2008 period with a cap on the amount of cod caught during this period set at 5 percent of the cod TAC (i.e., 33.4 mt). The intent of this action is to provide for the conservation and management of the three shared stocks of fish, as required by the regulations implementing the Northeast Multispecies Fishery Management Plan.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper/Grouper Resources of the South Atlantic; Trip Limit Reduction
Document Number: E8-6434
Type: Rule
Date: 2008-03-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reduces the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the South Atlantic golden tilefish resource.
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition to List the Ribbon Seal as a Threatened or Endangered Species
Document Number: E8-6432
Type: Proposed Rule
Date: 2008-03-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We (NMFS) announce a 90-day finding on a petition to list the ribbon seal (Histriophoca fasciata) as a threatened or endangered species under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we initiate a status review of the ribbon seal to determine if listing under the ESA is warranted. Concurrently, we also initiate a status review of the other ice seal species: bearded (Erignathus barbatus), ringed (Phoca fasciata), and spotted (Phoca largha). To ensure these status reviews are comprehensive, we solicit scientific and commercial information regarding all of these ice seal species.
TRICARE; Relationship Between the TRICARE Program and Employer-Sponsored Group Health Plans
Document Number: E8-6419
Type: Proposed Rule
Date: 2008-03-28
Agency: Office of the Secretary, Department of Defense
This proposed rule implements Section 1097c of Title 10, United States Code. This law prohibits employers from offering incentives to TRICARE-eligible employees to not enroll, or to terminate enrollment, in an employer-offered Group Health Plan (GHP) that is or would be primary to TRICARE. Cafeteria plans that comport with section 125 of the Internal Revenue Code will be permissible so long as the plan treats all employees the same and does not illegally take TRICARE eligibility into account.
S-Abscisic Acid, Temporary Exemption From the Requirement of a Tolerance
Document Number: E8-6404
Type: Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the biochemical pesticide S- Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1-cyclohex-2- enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid in or on grapes when applied or used as a plant regulator in accordance with the terms of Experimental Use Permit 73049-EUP-4. Valent Biosciences Corporation 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 the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1- cyclohex-2-enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid. The temporary tolerance exemption expires on October 1, 2010.
Pesticide Container Recycling; Notification to the Secretary of Agriculture
Document Number: E8-6396
Type: Proposed Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency's semi-annual Regulatory Agenda, the draft proposed rule would require that manufacturers of agricultural and professional specialty pesticides support (either by managing and operating, or contracting with another organization) a container recycling program that meets the standards of the American National Standards Institute.
Mortgagee Review Board
Document Number: E8-6323
Type: Proposed Rule
Date: 2008-03-28
Agency: Department of Housing and Urban Development
This proposed rule would make changes to the Department's Mortgagee Review Board (Board) regulations to clarify and better reflect statutory directives and amend current practice. This proposed rule would modify the Board's procedures governing hearings. Additional revisions proposed by this rule would remove provisions that unnecessarily duplicate the authorizing statute and would clarify the authority and duties of the Board in taking administrative action against mortgagees approved by the Federal Housing Administration. This proposed rule would separate and clarify the grounds for administrative action and the factors considered by the Board in evaluating whether to take administrative action, as well as require the mortgagee to address these factors in its response to the Board's notice of violation. Finally, other organizational changes would be made to improve overall clarity.
Mandatory Reliability Standard for Nuclear Plant Interface Coordination
Document Number: E8-6320
Type: Proposed Rule
Date: 2008-03-28
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to section 215 of the Federal Power Act, the Commission proposes to approve the Nuclear Plant Interface Coordination Reliability Standard developed by the North American Electric Reliability Corporation (NERC). The proposed Reliability Standard requires a nuclear power plant operator and its suppliers of back-up power and related transmission and distribution services to coordinate concerning nuclear licensing requirements for safe nuclear plant operation and shutdown and system operating limits. The Commission also proposes to accept four related definitions for addition to the NERC Glossary of Terms and to direct various changes to proposed violation risk factors, which measure the potential impact of violations of the Reliability Standard on the reliability of the Bulk-Power System. The proposed rule would benefit the Reliable Operation of the Bulk-Power System by facilitating the provision of off-site power to ensure reliable and safe nuclear power plant operation and shutdown.
Proposed Establishment of Class E Airspace; Salida, CO
Document Number: E8-6317
Type: Proposed Rule
Date: 2008-03-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Salida, CO. Additional controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Harriet Alexander Field. The FAA is proposing this action to enhance the safety and management of IFR (Instrument Flight Rules) operations at Harriet Alexander Field, Salida, CO.
TIPRA Amendments to Section 199; Correction
Document Number: E8-6309
Type: Rule
Date: 2008-03-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9381) that were published in the Federal Register on Friday, February 15, 2008 (73 FR 8798) concerning the amendments made by the Tax Increase Prevention and Reconciliation Act of 2005 to section 199 of the Internal Revenue Code. These final regulations also contain a rule concerning the use of losses incurred by members of an expanded affiliated group and affect taxpayers engaged in certain domestic production activities.
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