April 2008 – Federal Register Recent Federal Regulation Documents

This amendment expands the scope and applicability of the Department's uniform rules of practice governing adjudicatory proceedings to include actions initiated under the Organic Foods Production Act of 1990.

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

NARA is revising its regulations to increase the number of hours its archival research rooms are open in the Washington, DC, area. In response to an interim final rule published on February 1, 2008, we received 53 comments, which are discussed in the SUPPLEMENTARY INFORMATION section of this preamble. This final rule document confirms without change to the rule the effective date of the regulation.

This final rule implements the Georges Bank (GB) Cod Hook Sector (Hook Sector) Fishing Year (FY) 2008 Operations Plan and Agreement, approved by the Administrator, Northeast Region, NMFS (Regional Administrator), and modifies the eligibility criteria for membership for the Hook Sector and the GB Cod Fixed Gear Sector (Fixed Gear Sector). Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized allocation of up to 20 percent of the annual GB cod total allowable catch (TAC) to the Hook Sector. Pursuant to that authorization, the Sector submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Hook Sector Fishing Year 2008-2009 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan during the 2008 fishing year and allocation of 658 mt of GB cod to the Sector. This rule also modifies the eligibility criteria for membership in both the Hook Sector and the Fixed Gear Sector by allowing vessels without GB cod landings history to join a sector.

The Merit Systems Protection Board (``MSPB'') is issuing a revised interim rule amending several provisions of its practices and procedures regulations to improve the agency's service to its customers by facilitating the expeditious adjudication of appeals. This revised interim rule is intended to streamline MSPB case adjudication. It revises and adds to the regulatory changes undertaken in an interim rule issued by the MSPB on September 18, 2003. (68 FR 54651) This revised interim rule reflects the comments received from MSPB adjudicators and practitioners based on their experiences with the implementation of the current interim rule. The MSPB is soliciting comments concerning this revised interim rule, as well as additional comments concerning the September 18, 2003 interim rule. The MSPB will issue a final rule following the end of the comment period for this revised interim rule. All comments received during the comment period will be taken into consideration in drafting the final rule.

Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAP) to the Nevada Division of Environmental Protection on December 4, 2007. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAP in Nevada.

The Peace Corps has revised its rules regarding debt collection. This final rule clarifies and simplifies Peace Corps' debt collection procedures and practices. It eliminates the tax refund offset provisions of the previous regulation, and consolidates the administrative and tax refund offset provisions into one section.

Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This rule amends portions of the Federal Emergency Management Agency (FEMA), Federal Insurance Administration, Financial Assistance/ Subsidy Arrangement (Arrangement) between Write-Your-Own Companies (WYO Companies) and FEMA. The rule makes technical changes intended to assist WYO Companies by recognizing each party's duties under the Arrangement and amends the way FEMA communicates changes to the Unallocated Loss Adjustment Expenses (ULAE) compensation rate to WYO Companies.

The Coast Guard proposes establishing a temporary safety zone on the navigable waters of San Diego Bay, CA in support of the Red Bull Air Race. The safety zone would be necessary to provide for the safety of the crew, spectators, participants in the event, participating vessels and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.

This document contains a correction to final and temporary regulations (TD 9383) that were published in the Federal Register on Friday, March 7, 2008 (73 FR 12265). Concerning the treatment of certain intercompany gain with respect to consolidated group member stock. These amendments provide for the redetermination of an intercompany gain as excluded from gross income in certain member stock transactions. These regulations affect corporations filing consolidated returns.

This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the documents U.S. citizens\1\ and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry.

Virginia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Virginia. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

This document sets forth a proposal to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Roy E. Henderson. Petitioner proposes the allotment of Channel 274A at Evart, Michigan, as a first local service. Channel 274A can be allotted at Evart in compliance with the Commission's minimum distance separation requirements with a site restriction of 14.6 km (9.1 miles) north of Evart. The proposed coordinates for Channel 274A at Evart are 44-01-43 North Latitude and 85-17-51 West Longitude. In order to accommodate the proposed allotment of Channel 274A at Evart, the Commission also issues a show cause order to Bay View Broadcasting, Inc., to show cause why its Station WMOM(FM) license should not be modified to specify operation on Channel 242A in lieu of Channel 274A at Pentwater, Michigan. In order to accommodate that channel substitution, the Commission further proposes, and invites comment on, the substitution of FM Channel 249A for vacant FM Channel 242A at Ludington, Michigan. Channel 249A can be allotted at Ludington in compliance with the Commission's minimum distance separation requirements with a site restriction of 9.0 km (5.6 miles) north of Ludington. The proposed coordinates for Channel 249A at Ludington are 44-01-53 North Latitude and 86-24-57 West Longitude. Finally, in order to accommodate that channel substitution, the Commission issues a show cause order to Synergy Media, Inc., to show cause why its Station WMLZ(FM) license should not be modified to specify operation on Channel 282A in lieu of Channel 249A at Manistee, Michigan. See SUPPLEMENTARY INFORMATION infra.

EPA is proposing national emission standards for control of hazardous air pollutants (HAP) for nine metal fabrication and finishing area source categories. This rule proposes emission standards in the form of management practices and equipment standards for new and existing operations of dry abrasive blasting, machining, dry grinding and dry polishing with machines, spray painting and other spray coating, and welding operations. These proposed standards reflect EPA's determination regarding the generally achievable control technology (GACT) and/or management practices for the nine area source categories.

This final rule changes the weighting methodology used to calculate the low-income benchmark premium amount (benchmark) for 2009 and thereafter. Under this final rule, the benchmark weighting methodology is adjusted so that the relative weights of the Medicare Advantage Prescription Drug (MA-PD) plan premiums and Prescription Drug Plan (PDP) plan premiums in the low-income benchmark premium amount reflect the distribution of enrollment of beneficiaries eligible for the low-income subsidy in each plan.

The EPA is designating 13 Early Action Compact (EAC) Areas as attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EAC areas agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) required and to demonstrate attainment with the 8-hour ozone NAAQS by December 31, 2007. The States in which these 13 areas are located have submitted quality-assured data indicating that the areas are in attainment for the 8-hour ozone NAAQS based on ambient air monitoring data from 2005, 2006 and 2007. In addition, consistent with EPA's implementing regulations, the 1-hour ozone NAAQS will no longer apply in each of these areas one year after the effective date of the designation. We are modifying the 8-hour ozone NAAQS tables in the regulations to reflect the attainment designation for the 13 EAC areas and the 1-hour ozone NAAQS tables in the regulations to reflect that the 1-hour standard will no longer apply in these areas as of April 15, 2009. Additionally, we are modifying the 8-hour and 1-hour ozone NAAQS tables in the regulations to reflect the nonattainment designation for the Denver EAC area, which became effective November 20, 2007 and to reflect that the 1-hour standard will no longer apply in that area as of November 20, 2008.

On October 19, 2006, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, published on May 22, 2003. The purpose of the proposed amendments was to clarify the emission requirements for process vents by establishing a new maximum achievable control technology floor level of control for existing combined hazardous air pollutants process vent streams containing inorganic and organic hazardous air pollutants and adding requirements for new and reconstructed combined hazardous air pollutants process vents. For existing combined hazardous air pollutants process vents, EPA had proposed that the floor was no control. In light of Sierra Club v. EPA, we are re-proposing the requirements for existing and new combined hazardous air pollutants process in this supplemental proposal.

Alabama has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Alabama. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule, because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

We are proposing to relieve certain restrictions regarding the movement of Hass variety avocados. Specifically, we are proposing to amend our domestic quarantined regulations to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly quarantined areas in the United States with a certificate if the fruit is safeguarded after harvest in accordance with specific measures. We are also proposing to amend our foreign quarantined regulations to remove trapping and bait spray treatment requirements related to Anastrepha spp. fruit flies for imported Hass avocados from Michoacan, Mexico. These actions are warranted in light of research demonstrating the limited host status of Hass avocados to various species of fruit flies in the genus Anastrepha, including Mexican fruit fly and sapote fruit fly. By amending our domestic and foreign quarantined regulations, we would make our domestic and foreign requirements for movement of Hass avocados consistent with each other and would relieve restrictions for Mexican Hass avocado producers. In addition, this action would provide an alternative means for Hass avocados to be moved interstate if the avocados originate from a Mexican fruit fly or sapote fruit fly quarantined area in the United States.

We are revising an earlier proposed airworthiness directive (AD) that applies to certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. The earlier NPRM would have required you to replace the cabin door rod ends at the upper and lower hinges of the cabin door with newly designed rod ends. The earlier NPRM resulted from two known occurrences of in-flight cabin door separation (one total separation and one retained by the door strut). This proposed AD would require you to replace the cabin door rod ends with new parts including a redesigned non-binding hinge pin that replaces the existing pin at the upper door hinge. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these additional actions.

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 the use of enrofloxacin injectable solution in female dairy cattle less than 20 months of age.

This regulation establishes tolerances for combined residues of dicamba and its 5-hydroxy metabolite in or on corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; and corn, sweet, stover. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).