April 30, 2008 – Federal Register Recent Federal Regulation Documents

General Regulations for Areas Administered by the National Park Service and the Fish and Wildlife Service
Document Number: E8-9606
Type: Proposed Rule
Date: 2008-04-30
Agency: Fish and Wildlife Service, Department of the Interior, National Park Service
The Department of the Interior, through the National Park Service and the Fish and Wildlife Service, proposes to amend regulations presently codified in 36 CFR part 2 and 50 CFR part 27, which provide guidance and controls for the possession and transportation of firearms in national park areas and national wildlife refuges. The proposed amendments would update the regulations to reflect current state laws authorizing the possession of concealed firearms, while maintaining the existing regulatory provisions that ensure visitor safety and resource protection such as the prohibitions on poaching and limitations on hunting and target practice.
Consumer and Governmental Affairs Bureau Clarifies the Eligibility Requirement for Compensation From the Interstate Telecommunications Relay Service (TRS) Fund for Providers of Internet Protocol Captioned Telephone Service
Document Number: E8-9522
Type: Rule
Date: 2008-04-30
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Consumer and Governmental Affairs Bureau (Bureau) clarifies the eligibility requirement for compensation from the TRS Fund (Fund) for providers of Internet Protocol (IP) captioned telephone service (IP CTS). The Bureau also clarifies that an IP CTS provider seeking compensation from the Fund must notify the Interstate TRS Fund administrator 30 days prior to the date the provider submits minutes for payment.
Suspension of Statutes of Limitations in Third-Party and John Doe Summons Disputes and Expansion of Taxpayers' Rights To Receive Notice and Seek Judicial Review of Third-Party Summonses
Document Number: E8-9518
Type: Rule
Date: 2008-04-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to third- party and John Doe summonses. These final regulations reflect amendments to sections 7603 and 7609 of the Internal Revenue Code of 1986 made by the Internal Revenue Service Restructuring and Reform Act of 1998, the Omnibus Budget Reconciliation Act of 1990, the Technical and Miscellaneous Revenue Act of 1988, and the Tax Reform Act of 1986. These final regulations provide guidance relating to the manner by which summonses may be served on third-party recordkeepers, the expanded class of third-party summonses subject to notice requirements and other procedures, and the suspension of periods of limitations if a court proceeding is brought involving a challenge to a third-party summons, or if a third party's response to a summons is not finally resolved within six months after service. These final regulations affect third parties who are served with a summons, taxpayers identified in a third-party summons, and other persons entitled to notice of a third-party summons.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 11
Document Number: E8-9504
Type: Rule
Date: 2008-04-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule postpones from June 1, 2008, to July 1, 2008, the effective date of the limited access general category (LAGC) scallop permit requirements, and specified related requirements, that are included in the final rule for Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (Amendment 11). This final rule is intended to provide the industry with additional time to comply with the new LAGC scallop permit requirements.
Implementation of New Standards for Intelligent Mail® Barcodes
Document Number: E8-9502
Type: Proposed Rule
Date: 2008-04-30
Agency: Postal Service, Agencies and Commissions
On January 7, 2008, we published in the Federal Register (Volume 73, Number 4) an advance notice of our intention to require the use of Intelligent Mail barcodes on all letters and flats mailed at automation prices as of January, 2009. We presented our Intelligent Mail vision and asked for comments from our customers. We described two options for using Intelligent Mail barcodes: The basic option and the full-service option. In this proposed rule, we have summarized comments and are now publishing our revised mailing standards for the use of Intelligent Mail barcodes.
Registration of Claims to Copyright, Group Registration Options
Document Number: E8-9487
Type: Proposed Rule
Date: 2008-04-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office
The Copyright Office of the Library of Congress is proposing to amend its regulations governing the registration options which allow grouping of individual works to be registered using one application to require online submission for these options.
Land Disposal Restrictions: Site-Specific Treatment Variance for P and U-Listed Hazardous Mixed Wastes Treated by Vacuum Thermal Desorption at the EnergySolutions' Facility in Clive, UT
Document Number: E8-9482
Type: Rule
Date: 2008-04-30
Agency: Environmental Protection Agency
On March 6, 2008, the Environmental Protection Agency (EPA) published in the Federal Register a direct final rule granting a site- specific treatment variance to EnergySolutions LLC (EnergySolutions) in Clive, Utah for the treatment of certain P and U-listed hazardous waste containing radioactive contamination using vacuum thermal desorption. At the same time, the EPA also published a parallel proposal in the Federal Register to address any adverse comments received on the direct final rule. We specifically noted that if EPA received adverse comment on the direct final rule, EPA would withdraw the direct final rule and address public comments in any subsequent final rule. Because EPA received an adverse comment, we are withdrawing the direct final rule and will address the comment in a final rule.
Security Zone; Cleveland Harbor, Dock 32, Cleveland, OH
Document Number: E8-9479
Type: Rule
Date: 2008-04-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone in the eastern basin section of Lake Erie adjacent to Dock 32 in Cleveland, OH. This zone is intended to restrict vessels during the Ninth Coast Guard District Change of Command Ceremony on May 22, 2008. This security zone is necessary to provide for the security and safety of life for event participants. Entry into this zone is prohibited unless authorized by the Captain of the Port, Buffalo, NY, or a designated representative.
Notice and Assistance Requirements and Technical Correction
Document Number: E8-9454
Type: Rule
Date: 2008-04-30
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending its regulation governing VA's duty to provide a claimant with notice of the information and evidence necessary to substantiate a claim and VA's duty to assist a claimant in obtaining the evidence necessary to substantiate the claim. The purpose of these changes is to clarify when VA has no duty to notify a claimant of how to substantiate a claim for benefits, to make the regulation comply with statutory changes, and to streamline the development of claims. Additionally, we are making a non-substantive, technical correction to the statutory references in a separate part 3 regulation.
Employment of Troops in Aid of Civil Authorities
Document Number: E8-9438
Type: Rule
Date: 2008-04-30
Agency: Department of Defense, Department of the Army, Army Department
This action removes 32 CFR Part 501, Employment of Troops in Aid of Civil Authorities. The regulations are being removed because they are obsolete and no longer govern policies for the Department of the Army in planning and operations involving the use of Army resources in the control of actual or anticipated civil disturbances. The program responsibility has been transferred to the Office of the Assistant Secretary of Defense for Homeland Defense.
Relief Assistance
Document Number: E8-9436
Type: Rule
Date: 2008-04-30
Agency: Department of Defense, Department of the Army, Army Department
This action removes 32 CFR Part 502, Relief Assistance. The regulations are being removed because they are obsolete and no longer govern policies and procedures for disaster relief activities. The program responsibility has been transferred to the Office of the Assistant Secretary of Defense for Homeland Defense.
Disclosure of Divestment by Registered Investment Companies in Accordance With Sudan Accountability and Divestment Act of 2007
Document Number: E8-9410
Type: Rule
Date: 2008-04-30
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is adopting amendments to its forms under the Securities Exchange Act of 1934 and the Investment Company Act of 1940 that will require disclosure by a registered investment company that divests, in accordance with the Sudan Accountability and Divestment Act of 2007, from securities of issuers that the investment company determines, using credible information that is available to the public, conduct or have direct investments in certain business operations in Sudan. The Sudan Accountability and Divestment Act limits civil, criminal, and administrative actions that may be brought against a registered investment company that divests itself from such securities, provided that the investment company makes disclosures in accordance with regulations prescribed by the Commission.
Default Investment Alternatives Under Participant Directed Individual Account Plans
Document Number: E8-9371
Type: Rule
Date: 2008-04-30
Agency: Employee Benefits Security Administration, Department of Labor
The Department published in the Federal Register of October 24, 2007 (72 FR 60452), a final regulation providing relief from certain fiduciary responsibilities for fiduciaries of participant- directed individual account plans who, in the absence of directions from a participant, invest the participant's account in a qualified default investment alternative. The final regulation implemented recent amendments to title I of the Employee Retirement Income Security Act of 1974 (ERISA) enacted as part of the Pension Protection Act of 2006, Public Law 109-280. The Department has determined that two paragraphs in the final regulation, and one statement in the SUPPLEMENTARY INFORMATION, require correction. Accordingly, this document corrects the final regulation by revising these paragraphs.
Import Restrictions Imposed on Archaeological and Ethnological Material of Iraq
Document Number: E8-9343
Type: Rule
Date: 2008-04-30
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection
This document amends the Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on Archaeological and Ethnological Material of Iraq pursuant to section 3002 of the Emergency Protection for Iraqi Cultural Antiquities Act of 2004. This document also contains the Designated List of Archaeological and Ethnological Material that describes the types of articles to which the import restrictions apply.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Revisions to Particulate Matter Rules
Document Number: E8-9330
Type: Rule
Date: 2008-04-30
Agency: Environmental Protection Agency
On March 14, 2008, EPA proposed to approve Indiana's February 21, 2008, request to revise its particulate matter State Implementation Plan (SIP) for sources in Clark, Dearborn, Dubois, Howard, Lake, Marion, St. Joseph, Vanderburgh, Vigo, and Wayne Counties. This SIP revision updated facility names, revised formatting, removed sources no longer in operation, and revised some emission limits. The State submitted air quality modeling analyses that demonstrated that air quality will continue to be protected in the five counties where some emission limits increased. EPA received one letter containing several comments on the proposal. After review of these comments and for the reasons discussed below, EPA is approving this SIP revision request.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-9242
Type: Rule
Date: 2008-04-30
Agency: Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Flight Simulation Training Device Initial and Continuing Qualification and Use
Document Number: E8-9209
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This document announces the availability of the final rule entitled Flight Simulation Training Device Initial and Continuing Qualification and Use, which went on public inspection at the Office of the Federal Register April 30, 2008, and will be published in the Federal Register on May 9, 2008.
Hazardous Materials: Fuel Cell Cartridges and Systems Transported on Board Passenger Aircraft in Carry-On Baggage
Document Number: E8-9203
Type: Rule
Date: 2008-04-30
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is amending the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying aircraft. Fuel cell cartridges and fuel cell systems are an emerging energy technology developed to provide a more efficient, longer-lasting, and renewable power source for electrically operated equipment. This final rule prescribes regulations for transporting fuel cells containing flammable liquids, including methanol; formic acid; certain borohydride materials; or butane that meet certain performance and consumer use standards. PHMSA is issuing this final rule in cooperation with the Federal Aviation Administration (FAA).
Establishment of Class E Airspace; Dover-Foxcroft, ME
Document Number: E8-9043
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration published in the Federal Register of February 21, 2008 (73 FR 9448), a document establishing Class E airspace at Dover-Foxcroft, ME. This action confirms the effective date of a direct final rule that establishes Class E Airspace at Dover-Foxcroft, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Mayo Regional Hospital Heliport and technically corrects the omission of the word ``heliport'' from the name of Mayo Regional Hospital Heliport.
Establishment and Removal of Class E Airspace; Centre, AL
Document Number: E8-9039
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Centre-Piedmont Cherokee County Airport, (PYP), Centre, AL and removes Class E airspace at Centre Municipal Airport, Centre, AL, (C22). The operating status of the airport will include Instrument Flight Rule (IFR) operations.
Establishment of Class E Airspace; Bridgton, ME
Document Number: E8-9038
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9440) that establishes Class E Airspace at Bridgton, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Bridgton Hospital.
Establishment of Class E Airspace; Rumford, ME
Document Number: E8-9037
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9185) that establishes Class E Airspace at Rumford, ME, to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (LAP) that has been developed for medical flight operations into the Rumford Community Hospital.
Establishment of Class E Airspace; Carrabassett, ME
Document Number: E8-9035
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9447) that establishes Class E Airspace at Carrabassett, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Sugarloaf Regional Airport.
Establishment of Class E Airspace; Stonington, ME
Document Number: E8-9033
Type: Rule
Date: 2008-04-30
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9450) that establishes Class E Airspace at Stonington, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into Stonington Municipal Airport.
Vehicle Identification Number Requirements
Document Number: 08-1197
Type: Rule
Date: 2008-04-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document amends 49 CFR Part 565, Vehicle Identification Number Requirements, to make certain changes in the 17-character vehicle identification number (VIN) system so that the system will remain viable for at least another 30 years. This rule was initiated by a petition from SAE International (formerly known as the Society of Automotive Engineers), which was concerned that the available supply of VINs, and particularly the manufacturer identifier part of the VIN, might run out. This final rule will ensure that there will be a sufficient number of unique manufacturer identifiers and VINs to use for at least another 30 years.
Medicare Program; Proposed Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates; Proposed Changes to Disclosure of Physician Ownership in Hospitals and Physician Self-Referral Rules; Proposed Collection of Information Regarding Financial Relationships Between Hospitals and Physicians
Document Number: 08-1135
Type: Proposed Rule
Date: 2008-04-30
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs to implement changes arising from our continuing experience with these systems, and to implement certain provisions made by the Deficit Reduction Act of 2005, the Medicare Improvements and Extension Act, Division B, Title I of the Tax Relief and Health Care Act of 2006, and the TMA, Abstinence Education, and QI Programs Extension Act of 2007. In addition, in the Addendum to this proposed rule, we describe the proposed changes to the amounts and factors used to determine the rates for Medicare hospital inpatient services for operating costs and capital-related costs. These proposed changes would be applicable to discharges occurring on or after October 1, 2008. We also are setting forth the proposed update to the rate-of-increase limits for certain hospitals and hospital units excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The proposed updated rate-of-increase limits would be effective for cost reporting periods beginning on or after October 1, 2008. Among the other policy decisions and changes that we are proposing to make are changes related to: Limited proposed revisions of the classification of cases to Medicare severity diagnosis-related groups (MS-DRGs), proposals to address charge compression issues in the calculation of MS-DRG relative weights, the proposed revisions to the classifications and relative weights for the Medicare severity long- term care diagnosis-related groups (MS-LTC-DRGs); applications for new medical services and technologies add-on payments; wage index reform changes and the wage data, including the occupational mix data, used to compute the proposed FY 2009 wage indices; submission of hospital quality data; proposed changes to the postacute care transfer policy relating to transfers to home for the furnishing of home health services; and proposed policy changes relating to the requirements for furnishing hospital emergency services under the Emergency Medical Treatment and Labor Act of 1986 (EMTALA). In addition, we are proposing policy changes relating to disclosure to patients of physician ownership or investment interests in hospitals and soliciting public comments on a proposed collection of information regarding financial relationships between hospitals and physicians. We are also proposing changes or soliciting comments on issues relating to policies on physician self-referrals.
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