April 23, 2008 – Federal Register Recent Federal Regulation Documents

Proposed Rule Changes of Self[dash]Regulatory Organizations
Document Number: Z8-8267
Type: Rule
Date: 2008-04-23
Agency: Securities and Exchange Commission, Agencies and Commissions
Virginia Regulatory Program
Document Number: E8-8838
Type: Rule
Date: 2008-04-23
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are approving an amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The revisions concern Virginia's standards for revegetation success for certain postmining land uses, distribution of topsoil and subsoil materials, and allow approval of natural stream restoration channel design, as developed in consultation with the Army Corps of Engineers. The amendment is intended to render the State's regulations no less effective than the Secretary's regulations in meeting the requirements of the Act.
Section 1221(a)(4) Capital Asset Exclusion for Accounts and Notes Receivable
Document Number: E8-8817
Type: Proposed Rule
Date: 2008-04-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document withdraws a notice of proposed rulemaking relating to the circumstances in which accounts or notes receivable are ``acquired * * * for services rendered'' within the meaning of section 1221(a)(4).
Measurement of Assets and Liabilities for Pension Funding Purposes; Hearing
Document Number: E8-8816
Type: Proposed Rule
Date: 2008-04-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on a notice of proposed rulemaking preparing guidance on the determination of plan assets and benefit liabilities for purposes of the funding requirements that apply to single employer defined benefit plans. These regulations affect sponsors, administrators, participants, and beneficiaries of single employer defined benefit plans.
Nuclear Decommissioning Funds; Hearing
Document Number: E8-8815
Type: Proposed Rule
Date: 2008-04-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations relating to deductions for contributions to trusts maintained for decommissioning nuclear power plants.
Revisions to the California State Implementation Plan; Pesticide Element; Ventura County
Document Number: E8-8812
Type: Proposed Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is proposing to approve a revision of the California State Implementation Plan submitted by the California Air Resources Board on November 30, 2007. The revision would in part, and temporarily, relax a commitment to reduce emissions of volatile organic compounds in Ventura County caused by the application of pesticides. EPA is proposing this action under the Clean Air Act obligation to take action on submittals of revisions to state implementation plans.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
Document Number: E8-8811
Type: Proposed Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is proposing to amend the National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (non-gasoline) under section 112 of the Clean Air Act to clarify combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments notice.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
Document Number: E8-8810
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is taking direct final action on the national emission standards for hazardous air pollutants for organic liquids distribution (non-gasoline), which EPA promulgated on February 3, 2004, and amended on July 28, 2006. In this action, EPA is clarifying combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments.
Utah: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: E8-8799
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is withdrawing the immediate final rule, Utah: Final Authorization of State Hazardous Waste Management Program Revisions, published on March 7, 2008 at 73 FR 12277, which authorized revisions to Utah's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA stated in the immediate final rule that if EPA received comments that oppose this authorization, EPA would publish a timely notice of withdrawal in the Federal Register. Since EPA did receive comments that oppose this action, EPA is withdrawing the immediate final rule. EPA will address these comments in a subsequent final action based on the proposed rule also published on March 7, 2008, at 73 FR 12340.
Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Request for Stay Pending Judicial Review
Document Number: E8-8793
Type: Rule
Date: 2008-04-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Consumer and Governmental Affairs Bureau (Bureau) grants a request to stay the effectiveness of paragraphs 95 and 96 of the 2007 TRS Cost Recovery Declaratory Ruling, which restrict telecommunications relay service (TRS) providers from using consumer or call databases to contact TRS users. Because these paragraphs have been challenged in the Court of Appeals, a stay is appropriate pending review of the argument that these paragraphs violate the First Amendment rights of providers.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Miscellaneous Vendor-Related Provisions
Document Number: E8-8767
Type: Rule
Date: 2008-04-23
Agency: Department of Agriculture, Food and Nutrition Service
This final rule amends the regulations governing the WIC Program to clarify issues that have arisen subsequent to the publication of the WIC Food Delivery Systems Final Rule on December 29, 2000, and to strengthen further the requirements for State vendor management and infant formula cost-containment systems. This rule contains provisions that would prohibit a State agency from requiring an infant formula manufacturer to provide free infant formula or other items in its infant formula rebate bid solicitation and contract; require that a State agency provide an abbreviated administrative review when a vendor receives a WIC civil money penalty (CMP) as a result of a Food Stamp Program (FSP) disqualification; and expand the types of vendor information that a State agency may release for general program purposes. Technical changes were also made to 7 CFR 246.16a due to revisions made to the WIC Food Packages, published in the Federal Register December 6, 2007. This rule updates regulatory citations contained in 7 CFR 246.16a that refer to 7 CFR 246.10.
Magnuson-Stevens Act Provisions; Limited Access Privilege Programs; Individual Fishing Quota Referenda Guidelines and Procedures for the New England Fishery Management Council and Gulf of Mexico Fishery Management Council
Document Number: E8-8756
Type: Proposed Rule
Date: 2008-04-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Magnuson-Stevens Fishery Conservation and Management Act, as amended (Magnuson-Stevens Act), NMFS proposes guidelines and procedures for the New England Fishery Management Council (NEFMC), the Gulf of Mexico Fishery Management Council (GMFMC) (collectively the Councils), and NMFS to follow in determining procedures and voting eligibility requirements for referenda on Individual Fishing Quota (IFQ) program proposals. The intended effect of these procedures and guidance is to ensure IFQ program referenda are fair and equitable.
Airworthiness Directives; Bell Helicopter Textron Canada (BHTC) Model 230 Helicopters
Document Number: E8-8755
Type: Proposed Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for BHTC Model 230 helicopters. 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 aviation authority of Canada, with which we have a bilateral agreement, states in the MCAI:
Airworthiness Directives; Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters
Document Number: E8-8754
Type: Proposed Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
This document proposes superseding an existing airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 222, 222B, 222U, 230, and 430 helicopters. That AD currently requires visually inspecting the main rotor hydraulic actuator support (support) to verify the presence of all dowel pins and sealant between the support and transmission and verifying the proper torque of each attaching nut (nut). This action would require the same actions as the existing AD but would also require the repetitive actions at intervals not to exceed 600 hours time-in-service (TIS) or 12 months, whichever occurs first. This proposal is prompted by the discovery that the 12- month compliance requirement was correctly included in the Emergency AD (EAD) that we issued but was inadvertently omitted when we published the Final rule; request for comments following the issuance of the EAD. The actions specified by the proposed AD are intended to prevent failure of the support and subsequent loss of control of the helicopter.
Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes
Document Number: E8-8752
Type: Proposed Rule
Date: 2008-04-23
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:
Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards; Statement of Administrative Policy on Processing Reliability Notices of Penalty and Order Revising Statement in Order No. 672
Document Number: E8-8745
Type: Rule
Date: 2008-04-23
Agency: Department of Energy, Federal Energy Regulatory Commission
On February 3, 2006, the Federal Energy Regulatory Commission issued a Final Rule (Order No. 672) implementing Subtitle A (Reliability Standards) of the Electricity Modernization Act of 2005, which is Title XII of the Energy Policy Act of 2005 (EPAct). The Commission is issuing a policy statement that adopts administrative policy on Commission review of notices of penalty for violation of Reliability Standards and that modifies Order No. 672.
Special Local Regulation; Opening Day on San Francisco Bay, Pacific Inter-Club Yacht Association, San Francisco, CA
Document Number: E8-8736
Type: Rule
Date: 2008-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Opening Day on San Francisco Bay special local regulation from 11:59 a.m. to 2 p.m. on April 27, 2008. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators. During the enforcement period, no spectator or vessel shall anchor, block, loiter, nor impede the through transit of participants or official patrol vessels, in the regulated areas during all applicable dates and times, unless cleared to do so by or through an official patrol vessel.
Special Local Regulation; Blessing of the Fleet, Corinthian Yacht Club, San Francisco Bay, CA
Document Number: E8-8733
Type: Rule
Date: 2008-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Blessing of the Fleet special local regulation from 8 a.m. to 11:59 a.m. on April 27, 2008. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators. During the enforcement period, no spectator shall anchor, block, loiter, nor impede the through transit of participants or official patrol vessels, in the regulated areas during all applicable effective dates and times, unless cleared to do so by or through an official patrol vessel.
Safety Zone; Festival of Sail 2008 Ship's Parade; San Diego Harbor, San Diego, CA
Document Number: E8-8732
Type: Proposed Rule
Date: 2008-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes a safety zone, on the navigable waters of San Diego Bay in support of the Festival of Sail 2008 Ship's Parade. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.
Security Zone; Patapsco River, Middle Branch, Baltimore, MD
Document Number: E8-8728
Type: Proposed Rule
Date: 2008-04-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary security zone on certain waters of the Patapsco River, Middle Branch, in Baltimore Harbor, Baltimore, Maryland, during the August 9, 2008, USS Sterett Commissioning ceremony. The security zone is necessary to provide for the security of the USS Sterett 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.
Proposed Amendment of Class E Airspace; Salyer Farms, CA
Document Number: E8-8727
Type: Proposed Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E airspace at Salyer Farms, CA. The El Rico Airport mentioned in the published description has been abandoned, making it necessary to realign the Class E airspace area at Salyer Farms Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Salyer Farms Airport, Salyer Farms, CA.
Proposed Establishment of Class E Airspace; Carson City, NV
Document Number: E8-8725
Type: Proposed Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Carson City, NV. The establishment of an Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Carson City Airport, Carson City, NV, has made this proposal necessary. The FAA is proposing this action to enhance the safety and management of aircraft operations at Carson City Airport, Carson City, NV.
New Animal Drugs; Enrofloxacin
Document Number: E8-8713
Type: Rule
Date: 2008-04-23
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 Bayer HealthCare LLC. The supplemental NADA provides for use of enrofloxacin injectable solution in swine for the treatment and control of respiratory disease.
Defense Federal Acquisition Regulation Supplement; Earned Value Management Systems (DFARS Case 2005-D006)
Document Number: E8-8706
Type: Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for DoD contractors to establish and maintain earned value management systems. The rule also eliminates requirements for DoD contractors to submit cost/schedule status reports.
Title I-Improving the Academic Achievement of the Disadvantaged
Document Number: E8-8700
Type: Proposed Rule
Date: 2008-04-23
Agency: Department of Education
The Secretary proposes to amend the regulations governing programs administered under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA), to clarify and strengthen current Title I regulations in the areas of assessment, accountability, public school choice, and supplemental educational services.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
Document Number: E8-8698
Type: Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update a subpart heading and a reference to a DoD publication.
Defense Federal Acquisition Regulation Supplement; Limitations on DoD Non-Commercial Time-and-Materials Contracts (DFARS Case 2007-D021)
Document Number: E8-8697
Type: Proposed Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address review and documentation requirements with regard to the use of time-and-materials contracts for the acquisition of non-commercial services. The proposed rule provides for the same level of review for both commercial and non-commercial DoD time-and-materials contracts.
Defense Federal Acquisition Regulation Supplement; Quality Assurance Authorization of Shipment of Supplies (DFARS Case 2005-D024)
Document Number: E8-8696
Type: Proposed Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the criteria under which the contract administration office may permit a contractor to release supplies for shipment without Government authorization of the shipping documents. The proposed changes will enable the Government to provide for the appropriate level of contract quality assurance at source, based on product complexity and criticality and the contractor's record of quality control.
Defense Federal Acquisition Regulation Supplement; Extension of Authority To Carry Out Certain Prototype Projects (DFARS Case 2008-D008)
Document Number: E8-8695
Type: Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 823 of the National Defense Authorization Act for Fiscal Year 2008. Section 823 provides a 5-year extension of the authority for DoD to carry out a pilot program for transition to follow-on contracting after use of other transaction authority.
Defense Federal Acquisition Regulation Supplement; Deletion of Obsolete Restriction on Acquisition of Vessel Propellers (DFARS Case 2007-D027)
Document Number: E8-8694
Type: Rule
Date: 2008-04-23
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing an obsolete restriction on the acquisition of vessel propellers from foreign sources. The statute upon which the restriction was based applied only to acquisitions using fiscal year 2000 or 2001 funds.
Pyraclostrobin; Pesticide Tolerance for Emergency Exemptions
Document Number: E8-8675
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for combined residues of the fungicide pyraclostrobin (carbamic acid, [2- [[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]metho xy-, methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4- chlorophenyl) pyrazol-3-yl]oxy]o-tolyl]carbamate), expressed as parent compound, in or on Belgian endive. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing post harvest use of the pesticide on endive, Belgian to control the fungal pathogen, Sclerotinia sclerotiorum. This regulation establishes a maximum permissible level for residues of pyraclostrobin in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2009.
Airworthiness Directives; Boeing Model 757 Airplanes and Model 767-200, 767-300, and 767-300F Series Airplanes
Document Number: E8-8653
Type: Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Boeing Model 757 airplanes and Model 767-200, 767-300, and 767-300F series airplanes. This AD requires revising the Limitations section of the airplane flight manual to advise the flight crew of procedures to follow to ensure that a fuel filter impending bypass condition due to gross fuel contamination is detected in a timely manner. This AD was prompted by an error in the operating program software (OPS) of the engine indication and crew alerting system (EICAS). The error prevents the display of an advisory message to the flight crew of a left engine fuel filter contamination and imminent bypass condition, which may indicate an imminent multiple engine thrust loss or engine malfunction event due to fuel contamination. We are issuing this AD to prevent malfunction and thrust loss on both engines, which could result in a forced off-airport landing.
Mandatory Reliability Standard for Nuclear Plant Interface Coordination; Notice of Extension of Time
Document Number: E8-8615
Type: Proposed Rule
Date: 2008-04-23
Agency: Department of Energy, Federal Energy Regulatory Commission
On March 20, 2008, the Commission issued a Notice of Proposed Rulemaking proposing to approve the Nuclear Plant Interface Coordination Reliability Standard developed by the North American Electric Reliability Corporation (NERC). The date for filing comments on the proposed rule is being extended at the request of the Edison Electric Institute and the Nuclear Energy Institute.
Establishment of Class E Airspace; Winona, MS
Document Number: E8-8578
Type: Rule
Date: 2008-04-23
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Winona, MS. An Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) Runways (RWY) 03-21 has been developed for Winona-Montgomery County Airport and as a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at Winona-Montgomery County Airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFA operations concurrent with the publication of the SIAP.
Cyazofamid; Pesticide Tolerances
Document Number: E8-8371
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of cyazofamid and its metabloite CCIM in or on carrot, roots. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area
Document Number: 08-1173
Type: Rule
Date: 2008-04-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Pacific ocean perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2008 total allowable catch (TAC) of Pacific ocean perch in this area specified for vessels participating in the BSAI trawl limited access fishery.
Regulations Pertaining to Mergers, Acquisitions, and Takeovers by Foreign Persons
Document Number: 08-1172
Type: Proposed Rule
Date: 2008-04-23
Agency: Department of the Treasury, Office of International Investment
This proposed regulation amends regulations in part 800 of 31 CFR that implement section 721 of the Defense Production Act of 1950, as amended. The proposed regulations would implement amendments made by the Foreign Investment and National Security Act of 2007 to section 721 of the Defense Production Act of 1950 (``section 721''). While the proposed regulations retain many features of the existing regulations, a number of changes have been made to increase clarity, reflect developments in business practices over the past several years, and make additional improvements based on experiences with the existing regulations.
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