May 22, 2008 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Implementation Plans; Mississippi
Document Number: E8-11526
Type: Rule
Date: 2008-05-22
Agency: Environmental Protection Agency
Implantation or Injectable Dosage Form New Animal Drugs; Cefovecin
Document Number: E8-11515
Type: Rule
Date: 2008-05-22
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 Pfizer, Inc. The NADA provides for the veterinary prescription use of a solution of cefovecin sodium in cats and dogs by subcutaneous injection for the treatment of skin infections.
Approval and Promulgation of Implementation Plans South Carolina: Interstate Transport of Pollution
Document Number: E8-11484
Type: Proposed Rule
Date: 2008-05-22
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the South Carolina Department of Health and Environmental Control (SC DHEC), on June 25, 2007, pursuant to the requirements of section 110(a)(2)(D)(i) of the Clean Air Act (CAA). Section 110(a)(2)(D)(i) of the CAA requires each state to submit a SIP revision within three years of a revision to the national ambient air quality standards (NAAQS). The SIP revision must include provisions adequate to address emissions that may adversely affect another state's air quality through interstate transport of the revised NAAQS pursuant to the CAA. On July 18, 1997, EPA published revisions to the NAAQS for ozone and fine particulate matter (PM2.5). SC DHEC's June 25, 2007, SIP revision addresses the elements required by section 110(a)(2)(D)(i) of the CAA with regard to ozone and PM2.5, and as a result, it is approvable.
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, and 747SR Series Airplanes
Document Number: E8-11474
Type: Proposed Rule
Date: 2008-05-22
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200C, 747-300, 747-400, 747-400D, and 747SR series airplanes. For certain airplanes, the original NPRM would have required a material type inspection to determine if the lower forward corner reveal of the number 3 main entry doors (MEDs) is a casting. If the reveals are castings, the original NPRM would have required repetitive inspections of the reveals for cracking, and corrective action if necessary. If the reveals are not castings, the original NPRM would have required a detailed inspection of the reveals for a sharp edge and repetitive inspections of the reveals for cracking, and corrective action if necessary. For certain other airplanes, the original NPRM would have required only a detailed inspection of the reveals for a sharp edge and repetitive inspections of the reveals for cracking, and corrective action if necessary. For certain other airplanes, the original NPRM would have required repetitive inspections of the reveals for cracking only, and corrective action if necessary. The original NPRM resulted from reports of cracking and/or a sharp edge in the lower forward corner reveal of the number 3 MEDs. This action revises the original NPRM by reducing the compliance times for doing certain inspections and allowing a certain replacement as an optional action for the material type inspection for certain airplanes. We are proposing this supplemental NPRM to detect and correct fatigue cracking of the lower forward corner reveal of the number 3 MEDs, which could lead to the door escape slide departing the airplane when the door is opened and the slide is deployed, and consequent injuries to passengers and crew using the door escape slide during an emergency evacuation.
Changes to Patient Limitation for Dispensing or Prescribing Approved Narcotic Controlled Substances for Maintenance or Detoxification Treatment by Qualified Individual Practitioners
Document Number: E8-11471
Type: Rule
Date: 2008-05-22
Agency: Drug Enforcement Administration, Department of Justice
On September 20, 2007, the Drug Enforcement Administration (DEA) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (72 FR 53734) proposing to conform its regulations to recent statutory amendments to the Controlled Substances Act that changed certain patient limitations for practitioners who dispense or prescribe certain narcotic drugs for maintenance or detoxification treatment. DEA received one comment in support of this rulemaking. DEA is finalizing the rule as proposed.
Airworthiness Directives; Dornier Model 328-100 Airplanes
Document Number: E8-11469
Type: Proposed Rule
Date: 2008-05-22
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all AvCraft Dornier Model 328-100 airplanes. The existing AD currently requires modifying the electrical wiring of the fuel pumps; installing insulation at the hand flow control and shut-off valves, and other components of the environmental control system; and installing markings at fuel wiring harnesses. The existing AD also requires revising the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This proposed AD would replace the flight-hour-based threshold for conducting certain initial inspections, with an 8-year threshold. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY
Document Number: E8-11443
Type: Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Bayville Bridge, mile 0.1, across Mill Neck Creek at Oyster Bay, New York. This final rule will allow the bridge to open on signal between 7 a.m. and 11 p.m. from May 1 through October 31 and between 7 a.m. and 5 p.m., Monday through Friday, from November 1 through April 30. At all other times the bridge will open after a two-hour advance notice is given by calling the number posted at the bridge. The purpose of this rule is to help relieve the bridge owner from the burden of crewing the bridge during time periods that the bridge receives few requests to open.
Drawbridge Operation Regulation; Illinois Waterway, Lockport, IL; Repair and Maintenance
Document Number: E8-11441
Type: Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Elgin, Joliet, and Eastern Railroad Drawbridge, across the Illinois Waterway, Mile 290.1, at Lockport, Illinois. The deviation is necessary for the bridge to remain closed-to-navigation unless 1 hour advance notice is given. This deviation allows the bridge owner time to perform necessary repairs to the bridge.
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, Schedule Change
Document Number: E8-11439
Type: Proposed Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to modify the drawbridge operation regulation for the Spokane Street Bridge across the Duwamish Waterway, mile 0.3, in Seattle, Washington, by establishing two daily closed draw periods Monday through Friday. The change is necessary to help alleviate roadway traffic and will do so by preventing traffic stoppages on either side of the bridge during high volume traffic periods. Large vessels would be exempted from the closed draw periods.
Drawbridge Operation Regulations; Thames River, New London, CT
Document Number: E8-11437
Type: Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Amtrak Bridge, mile 3.0, across the Thames River at New London, Connecticut. While this temporary deviation is in effect, the bridge may remain in the closed position for sixteen days and operate on a temporary operating schedule for ten days.
Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Detroit Zone
Document Number: E8-11408
Type: Proposed Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishment of safety zones for annual events in the Captain of the Port Detroit zone. This proposed rule consolidates current regulations establishing safety zones for annual fireworks events in the former Captain of the Port Toledo Zone and the former Captain of the Port Detroit Zone. In addition, it adds events not previously published in Coast Guard regulations. These safety zones are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays or other events.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Albemarle and Chesapeake Canal, Chesapeake, VA
Document Number: E8-11405
Type: Proposed Rule
Date: 2008-05-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is withdrawing its notice of proposed rulemaking concerning the proposed change to the regulations that govern the operation of the Centerville Turnpike (SR 170) Bridge, at AIWW mile 15.2, across the Albemarle and Chesapeake Canal in Chesapeake, Virginia. The requested change would have allowed the bridge to open on signal every hour on the half hour from 6:30 a.m. to 6:30 p.m., year round. The withdrawal is based on further investigation indicating that this change would not improve the schedule for both roadway and waterway users.
Update of Continuous Instrumental Test Methods: Technical Amendments
Document Number: E8-11398
Type: Rule
Date: 2008-05-22
Agency: Environmental Protection Agency
EPA is taking final action to correct errors in a final rule published May 15, 2006, that updated five continuous instrumental test methods. As published, the rule contained inadvertent errors and provisions that needed to be clarified. We published a direct final rule with a parallel proposed rule on September 7, 2007 to correct the errors and to add clarifying language. However, we received an adverse comment on the direct final rule, and it was subsequently withdrawn on November 5, 2007. This action finalizes the parallel proposal. In this final rule, EPA corrects errors, clarifies certain provisions, and responds to the adverse comment received on the direct final rule published on September 7, 2007.
National Security Personnel System
Document Number: E8-11364
Type: Proposed Rule
Date: 2008-05-22
Agency: Office of Personnel Management, Department of Defense
The Department of Defense (DoD) and the Office of Personnel Management (OPM) are issuing proposed regulations revising the National Security Personnel System (NSPS), a human resources management system for DoD, as originally authorized by the National Defense Authorization Act for Fiscal Year 2004 and amended by the National Defense Authorization Act for Fiscal Year 2008. The proposed regulation governs compensation, classification and performance management under NSPS. NSPS aligns DoD's human resources management system with the Department's critical mission requirements and protects the civil service rights of its employees.
Universal Service Fund Contribution
Document Number: E8-11258
Type: Rule
Date: 2008-05-22
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission denies the petitions filed by BellSouth Corporation (BellSouth), Arya International Communications Corporation (Arya), Cable Plus L.P. and MultiTechnology Services, L.P., Pan Am Wireless, Inc., and USA Global Link with respect to the Commission's Fifth Circuit Remand Order, and confirms the conclusions by the Wireline Competition Bureau (Bureau) in the Fifth Circuit Clarification Order.
Procedures and Policies
Document Number: E8-11238
Type: Rule
Date: 2008-05-22
Agency: Commission of Fine Arts, Agencies and Commissions
This document amends the procedures and policies governing the administration of the U.S. Commission of Fine Arts. It serves to modify the time limit on a recommendation for concept approval for projects submitted to the Commission under the Old Georgetown Act and the Shipstead-Luce Act in order to address more consistently the requirements and procedures of the District of Columbia government.
Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes
Document Number: E8-11214
Type: Proposed Rule
Date: 2008-05-22
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) are proposing changes to modernize procedures for the issuance of labor certifications issued in connection with H-2B nonimmigrants admitted to perform temporary nonagricultural labor or services, and procedures to enforce compliance with attestations made by sponsoring employers. Specifically, the proposed rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing United States (U.S.) worker recruitment activities. In addition, the proposed rule makes changes that will enhance the integrity of the program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to meet the requirements of the H-2B Program. In addition, through this proposed rule technical changes are being made to both the H-1B and the permanent labor certification regulations to reflect operational changes stemming from this regulation. Finally, although Congress has vested the Department of Homeland Security (DHS) with the statutory authority to enforce the H-2B Program requirements and the Department possesses no independent authority for such enforcement, this proposed rule describes potential H-2B enforcement procedures the Department could institute in the event that DHS and the Department work out a mutually agreeable delegation of enforcement authority from DHS to the Department.
Accreditation of Agents and Attorneys; Agent and Attorney Fees
Document Number: E8-10779
Type: Rule
Date: 2008-05-22
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending its regulations governing the representation of claimants for veterans benefits in order to implement provisions of the Veterans Benefits, Health Care, and Information Technology Act of 2006, and to reorganize and clarify existing regulations. As amended, the regulations establish the procedures and rules necessary for VA to facilitate the paid representation of claimants by accredited agents and attorneys after a Notice of Disagreement has been filed with respect to a case. The purpose of these regulations is to fulfill Congress' direction that agents and attorneys may be paid for services rendered after a Notice of Disagreement is filed with respect to a decision by an agency of original jurisdiction while ensuring that claimants for veterans benefits have responsible, qualified representation.
Medicare Program; Changes for Long-Term Care Hospitals Required by Certain Provisions of the Medicare, Medicaid, SCHIP Extension Act of 2007: 3-Year Moratorium on the Establishment of New Long-Term Care Hospitals and Long-Term Care Hospital Satellite Facilities and Increases in Beds in Existing Long-Term Care Hospitals and Long-Term Care Hospital Satellite Facilities; and 3-Year Delay in the Application of Certain Payment Adjustments
Document Number: 08-1285
Type: Rule
Date: 2008-05-22
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This interim final rule with comment period implements certain provisions of section 114 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 relating to long-term care hospitals (LTCHs) and LTCH satellite facilities. It implements a 3-year moratorium on the establishment of new LTCHs and LTCH satellite facilities; and on increases in beds in existing LTCHs and LTCH satellite facilities. This interim final rule with comment period also implements a 3-year delay in the application of certain payment policies which apply payment adjustments for discharges from LTCHs and LTCH satellites that were admitted from certain referring hospitals in excess of various percentage thresholds.
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