May 2008 – Federal Register Recent Federal Regulation Documents

The Copyright Office previously sought comment on issues associated with the definition of the term ``cable system'' under the Copyright Act as well as on the National Cable and Telecommunications Association's request for the creation of subscriber groups for the purposes of eliminating the ``phantom signal'' phenomenon. After reviewing the record in this proceeding, the Copyright Office finds that it lacks the statutory authority to adopt rules sought by the cable industry. The Copyright Office, however, clarifies regulatory policy regarding the application of the 3.75[percnt] fee to phantom signals. This proceeding is terminated.

We are revising an earlier NPRM for the products listed above. This action revises the earlier NPRM by expanding the scope. 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:

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 series airplanes. This proposed AD would require repetitive inspections for any wrinkle in certain external skin panels, and for cracking at the fuselage bulkhead shear tie end fastener locations at certain stations of section 48 of the fuselage; and doing related investigative and corrective actions if necessary. This proposed AD results from a report of cracks found in the external skin on the left and right sides of the Section 48 panel of the fuselage on two airplanes with skin wrinkles found at two of the external crack locations. We are proposing this AD to detect and correct wrinkles and cracks in certain external skin panels of Section 48, which could join together and result in reduced structural integrity of support structure for the vertical and horizontal stabilizers and inability of the airplane to sustain limit loads.

This rule updates the Federal, State, and Puerto Rico tax tables for calculating the relocation income tax (RIT) allowance, to reflect changes in Federal, State, and Puerto Rico income tax brackets and rates. The Federal, State, and Puerto Rico tax tables contained in this rule are for use in calculating the 2008 RIT allowance for tax year 2007 to be paid to relocating Federal employees.

This proposed rule would update the payment rates used under the prospective payment system (PPS) for skilled nursing facilities (SNFs), for fiscal year (FY) 2009. In addition, it would recalibrate the case-mix indexes so that they more accurately reflect parity in expenditures related to the implementation of case-mix refinements in January 2006. It also discusses our ongoing analysis of nursing home staff time measurement data collected in the Staff Time and Resource Intensity Verification (STRIVE) project. Finally, the proposed rule would make technical corrections in the regulations text with respect to Medicare bad debt payments to SNFs and the reference to the definition of urban and rural as applied to SNFs.

We are amending the Hawaiian fruits and vegetables regulations to allow mangosteen, dragon fruit, melon, pods of cowpea and its relatives, breadfruit, jackfruit, and fresh moringa pods to be moved interstate from Hawaii under certain conditions. This action will allow the movement of these tropical fruits from Hawaii to the continental United States while continuing to provide protection against the spread of plant pests from Hawaii to the continental United States.

NMFS proposes to allocate zero trips in the Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP) during the 2008 fishing year (FY) (i.e., May 1, 2008, through April 30, 2009). This action is based on a determination that the available catch of Georges Bank (GB) yellowtail flounder is insufficient to support a minimum level of fishing activity within the CA II Yellowtail Flounder SAP for FY 2008. The intent of this action is to help achieve optimum yield (OY) in the fishery by maximizing the utility of available GB yellowtail flounder TAC throughout FY 2008.

The Department of Veterans Affairs (VA) published a document in the Federal Register of April 30, 2008, revising 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 document inadvertently contained a typographical error, and this document corrects that error.

The Department of Homeland Security (DHS or Department) is amending the Homeland Security Acquisition Regulation (HSAR) to incorporate delegation of one-step turnkey design-build authority from the Secretary of Homeland Security to the United States Coast Guard (USCG or Coast Guard). This rule implements changes that result from the USCG Authorization Act for Fiscal Year 2006.

NMFS closes the commercial fishery for deepwater grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the deepwater grouper quota for the commercial fishery will have been reached by May 10, 2008. This closure is necessary to protect the deepwater grouper resource.

NMFS closes the commercial fishery for tilefishes in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the quota for the commercial fishery for tilefishes will have been reached by May 10, 2008. This closure is necessary to protect the tilefish resource.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the San Francisco Bay-Delta population of the longfin smelt (Spirinchus thaleichthys) (longfin smelt) as endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing the longfin smelt may be warranted. We, therefore, are initiating a status review to determine if listing this species under the Act is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

We, the U.S. Fish and Wildlife Service (Service), announce the initiation of a status review for the white-tailed prairie dog (Cynomys leucurus) throughout its range in the United States. The status review will include analysis of whether the white-tailed prairie dog warrants listing as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, the white-tailed prairie dog throughout its range, or any significant portion of its range.

The Coast Guard is revising the drawbridge operations for the Baring Cross Railroad Drawbridge across the Arkansas Waterway at Mile 119.6 at Little Rock, Arkansas, to reflect the actual procedures currently being followed. The revised regulation accurately depicts where the drawbridge operator is located and that the bridge, which is remotely operated, is equipped with a Photoelectric Boat Detection System.

This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron (Bell) model helicopters. This action requires certain checks and inspections of each tail rotor blade assembly (T/R blade) at specified intervals and repairing or replacing, as applicable, any unairworthy T/R blade. This amendment is prompted by three failures of a T/R blade occurring during flight and a recent incident of a cracked T/R blade discovered during a scheduled visual inspection. The actions specified in this AD are intended to detect damage to a T/R blade that could lead to cracking of a T/R blade and subsequent loss of control of the helicopter.

This document makes non-substantive, editorial revisions to the Commission's Table of Frequency Allocations (Allocation Table) and to various other Commission Rules. The purpose of this action is to update and clarify the Allocation Table, to remove obsolete and outdated provisions from the Commission's Rules, and to ensure that the Allocation Table and related rules are consistent with the Commission's decisions in recent rulemaking proceedings.

EPA is adopting a comprehensive program to dramatically reduce pollution from locomotives and marine diesel engines. The controls will apply to all types of locomotives, including line-haul, switch, and passenger, and all types of marine diesel engines below 30 liters per cylinder displacement, including commercial and recreational, propulsion and auxiliary. The near-term emission standards for newly- built engines will phase in starting in 2009. The near-term program also includes new emission limits for existing locomotives and marine diesel engines that apply when they are remanufactured, and take effect as soon as certified remanufacture systems are available, as early as 2008. The long-term emissions standards for newly-built locomotives and marine diesel engines are based on the application of high-efficiency catalytic aftertreatment technology. These standards begin to take effect in 2015 for locomotives and in 2014 for marine diesel engines. We estimate particulate matter (PM) reductions of 90 percent and nitrogen oxides (NOX>) reductions of 80 percent from engines meeting these standards, compared to engines meeting the current standards. We project that by 2030, this program will reduce annual emissions of NOX> and PM by 800,000 and 27,000 tons, respectively. EPA projects these reductions will annually prevent up to 1,100 PM-related premature deaths, 280 ozone-related premature deaths, 120,000 lost work days, 120,000 school day absences, and 1.1 million minor restricted- activity days. The annual monetized health benefits of this rule in 2030 will range from $9.2 billion to $11 billion, assuming a 3 percent discount rate, or between $8.4 billion to $10 billion, assuming a 7% discount rate. The estimated annual social cost of the program in 2030 is projected to be $740 million, significantly less than the estimated benefits.

The Coast Guard proposes to establish a temporary safety zone on the waters of Ybor Turning Basin, Tampa Bay, Florida. This rule is necessary to protect participants and spectators from the hazards associated with launching fireworks over the navigable waters of the United States. No person or vessel may anchor, moor, or transit the Regulated Area without permission of the Captain of the Port St. Petersburg, Florida.

The Coast Guard proposes to modify several aspects of the permanent safety and security zones within the New York Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety and security zone regulations to eliminate unnecessary regulations and better meet the safety and security needs of the New York and New Jersey port community. This action would modify existing safety and security zones, consolidate and modify safety and security zones currently found in separate regulations, and remove certain safety and security zones.

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). These provisions include a 3-year delay in the application of certain provisions of the payment adjustment for short-stay outliers and revisions to the RY 2008 standard Federal rate.

This rule proposes to amend the statutorily-mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. For those registrants not qualifying as a small business or not-for-profit organization, we are proposing to increase the fee from $975 (plus a $25 administrative fee) to $2,475 (plus a $25 administrative fee) for registration year 2009-2010 and following years. The proposed fee increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,000,000 in accordance with the Administration's Fiscal Year 2008 budget.

The Coast Guard proposes amending the regulation for the operation of drawbridges across the Wabash River in Illinois, in order to reflect the needs of navigation.

This rule is being published to implement the statutory provision in 10 United States Code (U.S.C.) 1079(j)(2) that TRICARE payment methods for institutional care be determined to the extent practicable in accordance with the same reimbursement rules as those that apply to payments to providers of services of the same type under Medicare. This proposed rule implements a reimbursement methodology similar to that furnished to Medicare beneficiaries for services provided by critical access hospitals (CAHs).

This document seeks comment on the application of the statutory requirement for nondiscriminatory treatment in carriage of standard definition (``SD'') and high definition (``HD'') signals. Satellite carriers should be required to carry the signals of all local broadcast stations in HD and SD if they carry the signals of any local station in the same market in both HD and SD so that subscribers without HD- capable equipment will be able to view all stations. That is, the Commission seeks comment on whether the Communications Act would prohibit satellite carriers from carrying some broadcast stations in both HD and SD but not others.