June 3, 2008 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana)
Document Number: E8-12401
Type: Proposed Rule
Date: 2008-06-03
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the scheduling of a public hearing on our December 12, 2007 proposed rule (72 FR 70715) to designate critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act of 1973, as amended (Act). The December 12, 2007 Federal Register document also announced the availability of a draft economic analysis of the designation and a draft environmental assessment prepared in accordance with the National Environmental Policy Act of 1969. The reopened comment period will provide the public, other concerned governmental agencies, Tribes, and any other interested parties with an additional opportunity to submit written comments and information on this subspecies and associated habitat, the proposed critical habitat designation, draft economic analysis, and draft environmental assessment. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.
CALEA Cost Recovery Regulations; Section 610 Review
Document Number: E8-12399
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of Justice
This document summarizes the results of a review of the CALEA Cost Recovery Regulations, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Drawbridge Operation Regulation; Arthur Kill, Staten Island, NY and Elizabeth, NJ
Document Number: E8-12396
Type: Rule
Date: 2008-06-03
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a new temporary deviation from the regulation governing the operation of the Arthur Kill (AK) Railroad Bridge across Arthur Kill at mile 11.6 between Staten Island, New York and Elizabeth, New Jersey. This deviation is necessary to test a new operating rule for the bridge that will help determine the most equitable and safe solution to facilitate the present and anticipated needs of navigation and rail traffic. This deviation requires the AK Railroad Bridge to remain in the open position but allows the bridge owner/operator to schedule bridge closure periods after consultation with the marine community.
Virginia: Final Authorization of State Hazardous Waste Management Program Revision; Withdrawal of Immediate Final Rule
Document Number: E8-12377
Type: Rule
Date: 2008-06-03
Agency: Environmental Protection Agency
EPA is withdrawing the immediate final rule for Virginia: Final Authorization of State Hazardous Waste Management Program revision published on April 3, 2008, which authorized changes to Virginia's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA stated in the immediate final rule that if EPA received written comments that oppose this authorization during the comment period, EPA would publish a notice of withdrawal in the Federal Register prior to the effective date of June 2, 2008. Since EPA did receive a comment that opposes this authorization, EPA is withdrawing the immediate final rule. EPA will address these comments in a subsequent final action based on the proposed rule also published on April 3, 2008 at 73 FR 18229.
Revision of Patent Fees for Fiscal Year 2009
Document Number: E8-12364
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to adjust certain patent fee amounts for fiscal year 2009 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business.
Performance and Handling Qualities Requirements for Rotorcraft; Notice of Approval for Information Collection
Document Number: E8-12363
Type: Rule
Date: 2008-06-03
Agency: Federal Aviation Administration, Department of Transportation
This document announces the Office of Management and Budget's (OMB) approval of the information collection requirement for the final rule entitled Performance and Handling Qualities Requirements for Rotorcraft (Amendments 27-44 and 29-51), published February 29, 2008.
Security Zone; Liquefied Natural Gas Carriers, Massachusetts Bay, MA
Document Number: E8-12361
Type: Rule
Date: 2008-06-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone around Liquefied Natural Gas Carriers (LNGCs) approaching, engaging, regasifying, disengaging, mooring or otherwise conducting operations at the deepwater port facility in Massachusetts Bay, the Northeast Gateway Deepwater Port. The zone temporarily closes all waters of Massachusetts Bay within a five hundred (500) meter radius of LNCG vessels in the vicinity of the position 42[deg]23' N, 070[deg]36' W. The security zone is necessary to protect LNGCs calling on the deepwater port from security threats or other subversive acts. Entry into this zone is prohibited during the closure period unless authorized by the Captain of the Port Boston, Massachusetts.
Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites; Correction
Document Number: E8-12360
Type: Rule
Date: 2008-06-03
Agency: Federal Highway Administration, Department of Transportation, Federal Transit Administration
This rule makes a technical correction to the final regulations, which were published in the Federal Register on Wednesday, March 12, 2008, that govern Section 4(f) approvals for the FHWA and the FTA. The amendment contained herein makes no substantive change to the FHWA or the FTA regulations, policies, or procedures. This rule clarifies an ambiguity in the language of the regulatory text caused by a global word change implemented in the Final Rule as a result of comments received in response to the Notice of Proposed Rulemaking.
Unfair or Deceptive Acts or Practices; Correction
Document Number: E8-12359
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of the Treasury, Office of Thrift Supervision, National Credit Union Administration, Agencies and Commissions
This document corrects the preamble to a proposed rule published in the Federal Register on May 19, 2008, regarding Unfair or Deceptive Acts or Practices. This correction revises cross-references in OTS's and the NCUA's Paperwork Reduction Act (PRA) analysis.
Licenses, Certifications, and Approvals for Nuclear Power Plants; Correction
Document Number: E8-12345
Type: Rule
Date: 2008-06-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On August 28, 2007 (72 FR 49352), the Nuclear Regulatory Commission (NRC) published a final rule revising the provisions applicable to the licensing and approval processes for nuclear power plants (i.e., early site permit, standard design approval, standard design certification, combined license, and manufacturing license). These amendments clarify the applicability of various requirements to each of the licensing processes by making necessary conforming amendments throughout the NRC's regulations to enhance the NRC's regulatory effectiveness and efficiency in implementing its licensing and approval processes. This document is necessary to include a paragraph that was inadvertently omitted in that final rule.
Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Alaska Individual Fishing Quota On-line Services; Recordkeeping and Reporting
Document Number: E8-12340
Type: Rule
Date: 2008-06-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to modify the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut fishery and sablefish fishery by revising regulations describing on- line access to IFQ account information specific to those fisheries. The action would improve the efficiency of the Pacific Halibut and Sablefish IFQ Program and is intended to promote the goals and objectives of Northern Pacific Halibut Act and the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Revisions to Allowable Bycatch Reduction Devices
Document Number: E8-12324
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), NMFS proposes to decertify the expanded mesh bycatch reduction device (BRD), the ``Gulf fisheye'' BRD, and the ``fisheye'' BRD, as currently specified, for use in the Gulf of Mexico (Gulf) shrimp fishery. NMFS would also certify a new specification for the fisheye device to be used in the Gulf. The intended effect of this proposed rule is to improve bycatch reduction in the shrimp fishery and better meet the requirements of national standard 9.
Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates
Document Number: E8-12323
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to regulations governing the subsistence taking of northern fur seals, this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2005 to 2007 and proposes annual estimates of fur seal subsistence needs for 2008 through 2010 on the Pribilof Islands, AK. NMFS solicits public comments on the proposed estimates.
Vidalia Onions Grown in Georgia; Increased Assessment Rate
Document Number: E8-12318
Type: Rule
Date: 2008-06-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Vidalia Onion Committee (Committee) for the 2008 and subsequent fiscal periods from $0.10 to $0.13 per 40-pound container of Vidalia onions handled. The Committee locally administers the marketing order which regulates the handling of Vidalia onions grown in Georgia. Assessments upon Vidalia onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Federal Motor Vehicle Safety Standards; Denial of Petition for Rulemaking
Document Number: E8-12285
Type: Proposed Rule
Date: 2008-06-03
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies a petition for rulemaking from the Center for Auto Safety (CAS) asking that we initiate rulemaking to require that any vehicle integrated personal communication systems including cellular phones and text messaging systems be inoperative when the vehicle is in motion.
Approval and Promulgation of Air Quality Implementation Plans Minnesota; Maintenance Plan Update for Dakota County Lead Area
Document Number: E8-12242
Type: Proposed Rule
Date: 2008-06-03
Agency: Environmental Protection Agency
EPA is proposing an update to the lead maintenance plan for Dakota County, Minnesota. This plan update demonstrates that Dakota County will maintain attainment of the National Ambient Air Quality Standard for lead through 2014. Minnesota has verified that the emission limits adopted to demonstrate modeled attainment continue to be met, that there are no new significant sources of lead or increases in background emissions, and that the state has in place a comprehensive program to identify sources of violations and address any violation through enforcement and implementation of a contingency plan.
Approval and Promulgation of Air Quality Implementation Plans; MN; Maintenance Plan Update for Dakota County Lead Area
Document Number: E8-12240
Type: Rule
Date: 2008-06-03
Agency: Environmental Protection Agency
EPA is approving an update to the lead maintenance plan for Dakota County, Minnesota. This plan update demonstrates that Dakota County will maintain attainment of the lead National Ambient Air Quality Standard (NAAQS) through 2014. Minnesota has verified that the emission limits adopted to demonstrate modeled attainment continue to be met, that there are no new significant sources of lead or increases in background emissions, and that the state has in place a comprehensive program to identify sources of violations and address any violation through enforcement and implementation of a contingency plan.
Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures
Document Number: E8-12198
Type: Rule
Date: 2008-06-03
Agency: Environmental Protection Agency
This action announces the Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 99 additional methods available for analyzing drinking water samples required by regulation. This expedited approach provides public water systems, laboratories, and primary agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.
``McCormick & Baxter'' Regulated Navigation Area, Willamette River, Portland, OR
Document Number: E8-12147
Type: Proposed Rule
Date: 2008-06-03
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a Regulated Navigation Area on the Willamette River, Portland Oregon Captain of the Port Zone. This action is necessary to preserve the integrity of the engineered pilot cap placed over contaminated sediments as part of an Environmental Protection Agency (EPA) Superfund cleanup action at the McCormick & Baxter Creosoting Company Superfund Site. This proposed rule is needed to prohibit activities that would cause disturbance of pilot cap material, which was placed to isolate and contain underlying contaminated sediment.
Pipeline Safety: Protecting Unusually Sensitive Areas From Rural Onshore Hazardous Liquid Gathering Lines and Low-Stress Lines
Document Number: E8-12099
Type: Rule
Date: 2008-06-03
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is amending its pipeline safety regulations to extend added protection to certain environmentally sensitive areas that could be damaged by failure of a rural onshore hazardous liquid gathering line or low-stress pipeline. Building on PHMSA's existing regulatory framework, the rule is intended to protect designated ``unusually sensitive areas'' (USAs)locations requiring extra protection because of the presence of sole-source drinking water, endangered species, or other ecological resources. This rule defines ``regulated rural onshore hazardous liquid gathering lines'' and requires operators of these lines to comply with safety requirements that address the most common threats to the integrity of these pipelines: Corrosion and third-party damage. In accordance with the Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006, the rule also significantly narrows the regulatory exception for rural onshore low-stress hazardous liquid pipelines by extending all existing safety regulations, including integrity management requirements, to large-diameter low- stress pipelines within a defined ``buffer'' area around a USA. The final rule requires operators of these, and all other low-stress pipelines, to comply with annual reporting requirements, furnishing data needed for further rulemaking required by the PIPES Act.
Establishment of Class E Airspace; La Pointe, WI
Document Number: E8-12026
Type: Rule
Date: 2008-06-03
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of the direct final rule that establishes Class E airspace at La Pointe, WI, published in the Federal Register February 21, 2008, 73 FR 9452, Docket No. FAA- 2008-0025, Airspace Docket No. 08-AGL-3.
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