May 28, 2008 – Federal Register Recent Federal Regulation Documents

Hexythiazox; Pesticide Tolerances
Document Number: E8-11892
Type: Rule
Date: 2008-05-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of hexythiazox in or on corn, field, grain; corn, field, stover; and corn, field, forage. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Assessment and Collection of Regulatory Fees For Fiscal Year 2008
Document Number: E8-11891
Type: Proposed Rule
Date: 2008-05-28
Agency: Federal Communications Commission, Agencies and Commissions
The Commission will revise its Schedule of Regulatory Fees in order to recover the amount of regulatory fees that Congress has required it to collect for fiscal year 2008. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.
DTV Consumer Education Initiative
Document Number: E8-11889
Type: Proposed Rule
Date: 2008-05-28
Agency: Federal Communications Commission, Agencies and Commissions
The Commission asks whether the eligible telecommunications carrier (ETC) obligation to provide monthly digital television (DTV) transition notices to low-income subscribers should be expanded to require the provision of such notices to all subscribers, and whether multichannel video programming distributors (MVPDs) should be required to provide on-air DTV transition education on their systems.
Pacific Halibut Fisheries; Guideline Harvest Levels for the Guided Recreational Halibut Fishery; Correction
Document Number: E8-11881
Type: Rule
Date: 2008-05-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action corrects the regulatory text of a final rule published on August 8, 2003 (68 FR 47256), that implemented guideline harvest levels (GHLs) for the guided sport charter vessel fishery in the International Pacific Halibut Commission Regulatory Areas 2C and 3A. The table of GHLs as they relate to the total constant exploitation yield contains errors in the conversions from pounds to metric tons, and rounding errors for some metric equivalents. This action is necessary to correct the errors in that table.
Fisheries of the Exclusive Economic Zone Off Alaska; Improved Retention/Improved Utilization
Document Number: E8-11880
Type: Proposed Rule
Date: 2008-05-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) has submitted Amendment 72 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) to NMFS for review. If approved, Amendment 72 would revise the FMP to state that the Council will annually review information on the discard of shallow-water flatfish in Gulf of Alaska (GOA) groundfish fisheries. After review of this annual information, the Council may recommend revisions to retention and utilization requirements if the discard rate for shallow-water flatfish falls above or below a specified threshold. This action is necessary to support the Council's initiatives to monitor and reduce bycatch in the GOA groundfish fisheries. The intended effect of this action is to conserve and manage the groundfish resource in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Termination, Limited Reductions in Funding, and Debarment Procedures; Recompetition; Suspension Procedures
Document Number: E8-11873
Type: Proposed Rule
Date: 2008-05-28
Agency: Legal Services Corporation, Agencies and Commissions
LSC recently published a notice regarding a Rulemaking Workshop it is conducting in connection with its rulemaking to consider revisions to its regulations on termination and suspension. The date for the Workshop listed in that notice has changed.
Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, Atlantic Ocean
Document Number: E8-11868
Type: Rule
Date: 2008-05-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light (LLNR 720) located at position 40[deg]27[min]00[sec] N, 073[deg]48[min]00[sec] W, approximately 8.35 nautical miles east of Sandy Hook, NJ. This safety zone is necessary to provide for the safety of life, property and the environment on navigable waters of the United States from the hazards associated with the damaged structure and during survey and debris removal at the charted location of Ambrose Light that was recently damaged. This safety zone is intended to keep vessels a safe distance from Ambrose Light during the survey and debris removal operations.
Safety Zone: Edenton 4th of July Celebration Firework Display, Edenton Bay, Edenton, NC
Document Number: E8-11867
Type: Rule
Date: 2008-05-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will implement a safety zone during the Edenton 4th of July Celebration Firework Display, a fireworks display to be held over the waters of the Edenton Bay, Edenton, North Carolina, Vessel traffic in portions on the Edenton Bay adjacent to Edenton, North Carolina, will be restricted during the fireworks display.
Safety Zone: Port of Ponce, Puerto Rico
Document Number: E8-11864
Type: Proposed Rule
Date: 2008-05-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish moving and fixed safety zones around all vessels carrying Liquefied Natural Gas (LNG) cargo in the waters of the Caribbean Sea and Bahia de Ponce, Puerto Rico. This action will protect the public from the inherent dangers of this highly volatile material by requiring vessel traffic to maintain a safe distance from LNG vessels operating near shore.
Security Zone; Escorted Vessels, Charleston, SC, Captain of the Port Zone
Document Number: E8-11863
Type: Proposed Rule
Date: 2008-05-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a security zone around any vessel being escorted by one or more Coast Guard, State, or local law enforcement assets on the navigable waters of the Captain of the Port Zone, Charleston, South Carolina. This action is necessary to ensure the safe transit of escorted vessels as well as the safety and security of personnel and port facilities. No vessel or person is allowed inside the security zone unless authorized by the Captain of the Port or a designated representative.
Drawbridge Operation Regulations; Sacramento River, Rio Vista, CA, Drawbridge Maintenance
Document Number: E8-11862
Type: Rule
Date: 2008-05-28
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.
Revised Public Utility Filing Requirements for Electric Quarterly Reports
Document Number: E8-11861
Type: Proposed Rule
Date: 2008-05-28
Agency: Department of Energy, Federal Energy Regulatory Commission
In this notice, the Federal Energy Regulatory Commission (Commission) proposes to revise the EQR Data Dictionary to clarify the definition of Contract Commencement date. If adopted, this proposal will make reporting this information less burdensome and more accessible.
Fluopicolide; Pesticide Tolerances
Document Number: E8-11853
Type: Rule
Date: 2008-05-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of fluopicolide in or on vegetable, root, subgroup 1A, except sugar beet and carrot; vegetable, leaves of root and tuber, group 2; vegetable, bulb, group 3-07; and Brassica, head and stem, subgroup 5A. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In connection with a request for new uses of the active ingredient, fluopicolide, the Agency has also evaluated the toxicity and exposure databases for 2,6-dichlorobenzamide (BAM) which is a common metabolite/ degradate of dichlobenil and fluopicolide. Further characterization of fluopicolide and its metabolite BAM, will be discussed herein of this document.
Compensatory Time Off for Travel; Prevailing Rate (Wage) Employees
Document Number: E8-11839
Type: Rule
Date: 2008-05-28
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing final regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2008 permitting prevailing rate (wage) employees to earn compensatory time off for time spent in a travel status away from the official duty station when such time is not otherwise compensable.
Prevailing Rate Systems; Change in Nonappropriated Fund Federal Wage System Survey Schedule From Fiscal Year to Calendar Year
Document Number: E8-11838
Type: Proposed Rule
Date: 2008-05-28
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing a proposed rule to change the annual schedule of nonappropriated fund (NAF) Federal Wage System wage surveys from a fiscal year cycle to a calendar year cycle. The purpose of this change is to move certain wage surveys to a different time of year and thus optimize the data collection process for those areas. In addition, this change would more evenly distribute the workload for the agency responsible for conducting NAF surveys.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: E8-11836
Type: Rule
Date: 2008-05-28
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS STOUT (DDG 55) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Northern Mexican Gartersnake (Thamnophis eques megalops)
Document Number: E8-11756
Type: Proposed Rule
Date: 2008-05-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the northern Mexican gartersnake (Thamnophis eques megalops). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threat to, the northern Mexican gartersnake.
Administrative Changes: NRC Region IV Address Change and Phone Number and E-mail Address Changes
Document Number: E8-11751
Type: Rule
Date: 2008-05-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to update the street address for its Region IV office, and to update a telephone number and e-mail address for the Office of Information Services (OIS). This document is necessary to inform the public of these changes to the NRC's regulations.
Eligibility and Scope of Financing; Processing and Marketing
Document Number: E8-11742
Type: Rule
Date: 2008-05-28
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA or Agency) issues this final rule to amend its regulation governing financing of processing and marketing operations by Farm Credit System (Farm Credit, FCS, or System) institutions under titles I and II of the Farm Credit Act of 1971, as amended (Act). The final rule revises the criteria used to determine the eligibility of legal entities for financing as processing and marketing operations. This revision will enable FCS institutions to better meet the changing needs of their eligible borrowers. The rule further requires System institutions to develop policies and procedures for ensuring that the revised eligibility criteria are met and to include information on all processing and marketing loans in their Reports of Condition and Performance filed with the FCA. The final rule also makes a non-substantive technical correction to the regulation defining the term ``person''.
National Poultry Improvement Plan and Auxiliary Provisions
Document Number: E8-11739
Type: Proposed Rule
Date: 2008-05-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the National Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. The proposed changes were voted on and approved by the voting delegates at the Plan's 2006 National Plan Conference. These changes would keep the provisions of the Plan current with changes in the poultry industry and provide for the use of new sampling and testing procedures.
TRICARE; Certain Survivors of Deceased Active Duty Members; and Adoption Intermediaries
Document Number: E8-11738
Type: Rule
Date: 2008-05-28
Agency: Office of the Secretary, Department of Defense
This rule confirms as final a January 2007 interim final rule which implements two provisions of the National Defense Authorization Act for Fiscal Year 2006 (NDAA FY06). First, Section 715 of the NDAA FY06 extends the time frame certain dependents of active duty service members (ADSM) who die while on active duty for more than 30 days shall receive TRICARE medical benefits at active duty dependent payment rates. Second, Section 592 of the NDAA FY06 modifies the requirement for those intermediaries who provide adoption placements. Additionally, this final rule makes an administrative clarification to the following two eligibility provisions: those placed in the legal custody of a member or former member; and those placed in the home of a member or former member in anticipation of adoption. This clarification makes a distinction between the two groups and specifies that for placement into legal custody by court order, the court order must be for a period of 12 consecutive months.
Technical Amendments
Document Number: E8-11736
Type: Rule
Date: 2008-05-28
Agency: National Credit Union Administration, Agencies and Commissions
NCUA is amending a number of its regulations by making minor technical corrections and grammatical changes. The amendments delete duplicate words, add proper punctuations, and make other grammatically necessary corrections. The amendments are intended to provide helpful changes to NCUA's regulations.
Survivors' and Dependents' Educational Assistance Program Period of Eligibility for Eligible Children and Other Miscellaneous Issues
Document Number: E8-11726
Type: Rule
Date: 2008-05-28
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending its regulations governing the Survivors' and Dependents' Educational Assistance (DEA) program to implement statutory provisions in the Veterans Benefits and Health Care Improvement Act of 2000, the Veterans' Survivor Benefits Improvements Act of 2001, the Veterans Education and Benefits Expansion Act of 2001, the Veterans Benefits Act of 2002, and the Veterans Benefits Act of 2003. As a result of these statutory provisions, certain eligible children may choose the beginning date of their period of eligibility and eligible children who serve on active duty or in the National Guard may receive extensions to the ending date of their period of eligibility. These statutory provisions also allow VA to consider certain qualifying beneficiaries' original claims as having been filed retroactively to their eligibility dates. In addition, they allow certain eligible DEA beneficiaries to be paid for preparatory courses for tests required or used for admission to an institution of higher education or a graduate school. Further, these provisions permit eligible children to receive benefits for such preparatory courses even if the courses are taken before their 18th birthday. This document implements these provisions of law by amending pertinent regulations.
Disease Subject to Presumptive Service Connection; Correction
Document Number: E8-11725
Type: Rule
Date: 2008-05-28
Agency: Department of Veterans Affairs
This document contains a correction to the regulations of the Department of Veterans Affairs (VA) that governs presumptive service connection for certain diseases from exposure to ionizing radiation during military service. This correction is required in order to amend a cross-reference in the regulation. No substantive change to the content of the regulations is being made by this correcting amendment.
Migratory Bird Hunting; Proposed 2008-09 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2009 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska
Document Number: E8-11583
Type: Proposed Rule
Date: 2008-05-28
Agency: Fish and Wildlife Service, Department of the Interior, Part IV
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2008-09 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2008-09 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2009 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
Document Number: 08-1301
Type: Rule
Date: 2008-05-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements regulations to limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission Area 2C of Southeast Alaska to the guideline harvest level (GHL) of 931,000 lb (422.3 mt). The intended effect of this action is to reduce the poundage of halibut harvested by the guided sport charter vessel sector in Area 2C to the GHL while minimizing adverse impacts on the charter fishery, its sport fishing clients, the coastal communities that serve as home ports for this fishery, and fisheries for other species. This final rule implements three restrictions for the guided sport charter vessel fishery for halibut in Area 2C: a one-fish daily bag limit, no harvest by the charter vessel guide and crew, and a line limit equal to the number of charter vessel anglers onboard, not to exceed six lines.
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole by Vessels Participating in the Amendment 80 Limited Access Fishery in Bycatch Limitation Zone 1 of the Bering Sea and Aleutian Islands Management Area
Document Number: 08-1299
Type: Rule
Date: 2008-05-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for yellowfin sole by vessels participating in the Amendment 80 limited access fishery in Bycatch Limitation Zone 1 (Zone 1) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 bycatch allowance of red king crab in Zone 1 specified for the trawl yellowfin sole fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.
Medicare Program; Medicare Part D Claims Data
Document Number: 08-1298
Type: Rule
Date: 2008-05-28
Agency: Department of Health and Human Services, Part II, Centers for Medicare & Medicaid Services
This final rule allows the Secretary to collect claims data that are presently being collected for Part D payment purposes for other research, analysis, reporting, and public health functions. The Secretary needs to use these data because other publicly available data are not, in and of themselves, sufficient for the studies and operations that the Secretary needs to undertake as part of the Department of Health and Human Service's obligation to oversee the Medicare program, protect the public's health, and respond to Congressional mandates. These data will also be used to better identify, evaluate and measure the effects of the Medicare Modernization Act of 2003, (MMA).
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