June 12, 2008 – Federal Register Recent Federal Regulation Documents
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Federal Acquisition Regulation; FAR Case 2007-013, Employment Eligibility Verification
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the U.S. Citizenship and Immigration Services' (USCIS) E-Verify system as the means of verifying that certain of their employees are eligible to work in the United States.
United States Navy Restricted Area, SUPSHIP Bath Detachment Mobile, Mobile, AL
The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama, because of the sensitive nature of the on-going and potential future activities at that facility. The Supervisor of Shipbuilding, Conversion and Repair (SUPERVISOR), located in Bath, Maine is responsible for United States Navy shipbuilding activities at AUSTAL, USA located in Mobile, Alabama. The proposed restricted area will be used for on-going construction when vessels are placed in the water. The proposed restricted area is essential to protect persons and property from the dangers associated with the operation and safeguard the area from accidents, sabotage and other subversive acts.
Partner's Distributive Share; Correction
This document contains a correction to final regulations (TD 9398) that were published in the Federal Register on Monday, May 19, 2008 (73 FR 28699) providing rules for testing whether the economic effect of an allocation is substantial within the meaning of section 704(b) where partners are look-through entities or members of a consolidated group. The final regulations clarify the application of section 704(b) to partnerships the interests of which are owned by look-through entities and members of consolidated groups and, through an example, reiterate the effect of other provisions of the Internal Revenue Code on partnership allocations.
Marine Recreational Fisheries of the United States; National Saltwater Angler Registry Program
NMFS proposes regulations to implement section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The regulations would establish a national registry of recreational fishers fishing in the Exclusive Economic Zone (EEZ), for anadromous species throughout their range or for Continental Shelf fishery resources beyond the EEZ. It also would exempt persons from that requirement if licensed by a state that provides registration data determined to be sufficient for the agency's needs. The requirement is intended to improve existing angling effort surveys in order to improve their efficiency, to reduce possible sources of bias and to improve confidence in survey results by anglers and fishery managers.
Partner's Distributive Share; Correction
This document contains corrections to final regulations (TD 9398) that were published in the Federal Register on Monday, May 19, 2008 (73 FR 28699) providing rules for testing whether the economic effect of an allocation is substantial within the meaning of section 704(b) where partners are look-through entities or members of a consolidated group. The final regulations clarify the application of section 704(b) to partnerships the interests of which are owned by look-through entities and members of consolidated groups and, through an example, reiterate the effect of other provisions of the Internal Revenue Code on partnership allocations.
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Catcher Processors in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery for catcher processors subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2008 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the shallow-water species fishery for catcher processors subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the shallow-water species fisheries.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2008 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Catcher Vessels in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2008 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Catcher Vessels Participating in the Limited Access Rockfish Fishery in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels participating in the limited access rockfish fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to catcher vessels participating in the limited access rockfish fishery in the Central Regulatory Area of the GOA.
Movement of Hass Avocados From Areas Where Mexican Fruit Fly or Sapote Fruit Fly Exist
We are reopening the comment period for our proposed rule that would amend our domestic quarantine 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. The proposed rule would also amend our foreign quarantine regulations to remove trapping and bait spray treatment requirements related to Anastrepha spp. fruit flies for imported Hass avocados from Michoacan, Mexico. This action will allow interested persons additional time to prepare and submit comments.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Requirements for Subsurface Safety Valve Equipment
The MMS proposes to incorporate the Eleventh Edition of the American Petroleum Institute's Specification for Subsurface Safety Valve Equipment (API Spec 14A), into the regulations. The rule also proposes that lessees and operators provide supporting design verification information for subsurface safety valves intended for use in high pressure high temperature environments. The MMS proposes to incorporate the Eleventh Edition of API Spec 14A because it updated the design validation and functional testing requirements, incorporated new design changes, and corrected ambiguous areas open to misinterpretation. These proposed changes would ensure that lessees and operators use the best available and safest technologies while operating in the Outer Continental Shelf.
Hearing Aid-Compatible Mobile Handsets, Petition of American National Standards Institute Accredited Standards Committee C63 (EMC) ANSI ASC C63TM
The Federal Communications Commission (Commission) invites additional submissions regarding the treatment under its hearing aid compatibility rules of multi-mode and multi-band handsets and regarding the application of the de minimis exception to those rules.
Changes in Flood Elevation Determinations
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
Changes in Flood Elevation Determinations
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Proposed Flood Elevation Determinations
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.
Articles Assembled Abroad: Operations Incidental to the Assembly Process
This document amends the Customs and Border Protection (``CBP'') Regulations in title 19 of the Code of Federal Regulations (19 CFR) in order to remove a provision that draws a distinction between preservative and decorative painting for purposes of the partial duty exemption under subheading 9802.00.80, Harmonized Tariff Schedule of the United States (``HTSUS''). The change is made to conform the CBP Regulations with the holding of a court decision in which the regulatory distinction between preservative and decorative painting was found to be invalid.
Final Flood Elevation Determinations
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).
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Final Flood Elevation Determinations
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).
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 5
The Nuclear Regulatory Commission (NRC) is amending its regulations by revising the Holtec International HI-STORM 100 cask system listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1014. Amendment No. 5 includes deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kilowatts (kW) for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; an increase in the maximum fuel assembly weight for boiling water reactor fuel in the Multi- Purpose Canister (MPC)-68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 pounds; changes to the assembly characteristics of 16 x 16 pressurized water reactor fuel assemblies to be qualified for storage in the HI-STORM 100 cask system; a change in the fuel storage locations in the MPC-32 for fuel with axial power shaping rod assemblies and in the fuel storage locations in the MPC-24, MPC-24E, and the MPC-32 for fuel with control rod assemblies, rod cluster control assemblies, and control element assemblies; elimination of the restriction that fuel debris can only be loaded into the MPC- 24EF, MPC-32F, MPC-68F, and MPC-68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the Supplemental Cooling System would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and Final Safety Analysis Report; and modification of the definition of non-fuel hardware to include the individual parts of the items defined as non-fuel hardware. This final rule allows the holders of power reactor operating licenses to store spent fuel in this approved cask as specified in the revised conditions under the NRC's general license provisions.
Federal Acquisition Regulation; FAR Case 2008-004, Prohibition on Restricted Business Operations in Sudan and Imports from Burma
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 6 of the Sudan Accountability and Divestment Act of 2007. Section 6 requires certification in each contract entered into by an Executive agency, that the contractor does not conduct certain business operations in Sudan.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-26; Small Entity Compliance Guide
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-26 which amends the FAR. Interested parties may obtain further information regarding this rule by referring to FAC 2005-26 which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-26; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-26. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov/.
Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL
The Coast Guard proposes to establish a temporary regulated navigation area and safety zone on the Chicago Sanitary and Ship Canal near Romeoville, IL. This proposed regulated navigation area and safety zone places navigational and operational restrictions on all vessels transiting through the electrical dispersal barrier IIA.
Safety Zone: Patchogue Bay, Patchogue, NY
The Coast Guard proposes to establish a safety zone for the Patchogue Grand Prix, a power boat race on Patchogue Bay off of Patchogue, New York on August 22, 23, and 24, 2008, and each year thereafter on dates and times specified in a Federal Register notice. The safety zone would provide for safety of navigation of the maritime public viewing and transiting near the power boat race in order to protect the maritime community from the hazards inherent with a power boat race, namely, a collision and loss of control of the vessels participating in this event. Entry into this zone would be prohibited unless authorized by the Captain of the Port Long Island Sound.
Safety Zone: Parexel Fireworks Display
The Coast Guard is creating a temporary safety zone for the Parexel Fireworks display to be held on June 23, 2008 in Boston, Massachusetts. The zone temporarily closes all waters of Boston Harbor within a three hundred (300) yard radius of the fireworks launch site located in Boston Harbor at approximate position 42[deg]21[min]26[sec] N., 071[deg]2[min]38[sec] W. The safety zone is necessary to protect the maritime public from the potential hazards posed by a fireworks display. Entry into this zone is prohibited during the closure period unless authorized by the Captain of the Port, Boston.
Protection of the Stratospheric Ozone: Alternatives for the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program
The Clean Air Act provides for the review of alternatives to ozone-depleting substances and the approval of substitutes that do not present a risk more significant than other alternatives that are available. Under that authority, the Significant New Alternatives Policy (SNAP) program, the Environmental Protection Agency (EPA) is expanding the list of acceptable substitutes for ozone-depleting substances (ODS). The substitute addressed in this final rule (i.e., R- 152a) is for the motor vehicle air conditioning (MVAC) end-use within the refrigeration and air-conditioning sector. This substitute does not pose significantly more risk than other substitutes that are available in this end use. Additionally, this substitute is a non ozone-depleting gas and consequently does not contribute to stratospheric ozone depletion.
Adoption of Updated EDGAR Filer Manual
The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR system. The revisions are being made to address the removal of rescinded EDGAR submission types: S-4EF/A, F-4EF/A, N-14AE, and N-14AE/ A, the addition of XBRL Standard Taxonomies, and the inclusion of new links for USGAAP XBRL Taxonomies. The revisions to the Filer Manual reflect changes within Volume II entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 8 (June 2008). The updated manual will be incorporated by reference into the Code of Federal Regulations.
Miscellaneous Changes to Trademark Rules of Practice
The United States Patent and Trademark Office (``Office'') proposes to amend the Trademark Rules of Practice to clarify certain requirements for applications, intent to use documents, amendments to classification, requests to divide, and Post Registration practice; to modernize the language of the rules; and to make other miscellaneous changes. For the most part, the proposed rule changes are intended to codify existing practice, as set forth in the Trademark Manual of Examining Procedure (``TMEP'').
Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases
The United States Patent and Trademark Office (``Office'') proposes to revise the Trademark Rules of Practice to set forth the requirements for signature of documents filed in the Office, recognition of representatives, and establishing and changing the correspondence address in trademark cases.
Establishment of Class E Airspace; Marienville, PA
This action confirms the effective date and makes a correction to the direct final rule published in the Federal Register January 30, 2008, that establishes controlled airspace at Marienville, PA (73 FR 5431), Docket No. FAA-2007-0162. In the airspace description, the wrong name was used for the Airport. This action corrects that error.
Modification of Class D Airspace; Brunswick, ME
This action withdraws the direct final rule published in the Federal Register April 14, 2008 modifying Class D Airspace at Brunswick, ME. After publication it came to our attention that there had been a miscommunication about the operating hours of the Brunswick NAS Air Traffic Control Tower. The tower itself is still a 24-hour operation; therefore, there is no need to modify the Class D Airspace to reflect part-time status.
Modification of Class E Airspace; Wilkes-Barre, PA
This action confirms the effective date of a direct final rule published in the Federal Register on February 21, 2008 (FR 73 9445) Docket No. FAA-2008-0130 that modifies Class E Airspace at Wilkes- Barre, PA. Additionally, this action corrects a minor technical error in the publication of the coordinates for the Wyoming Valley Medical Center, Wilkes-Barre, PA and the Community Medical Center, Scranton, PA.
Establishment of Class E Airspace; Cranberry Township, PA
This action confirms the effective date of a direct final rule that establishes Class E Airspace at Cranberry Township, PA, to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the University of Pittsburgh Medical Center (UPMC) Passavant-Cranberry Heliport. Additionally, this action corrects a minor typing error in the publication of the coordinates for the UPMC Passavant-Cranberry Heliport.
Establishment of Class E Airspace; Vinalhaven, ME
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9186) that establishes Class E Airspace at Vinalhaven, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Mary Talbot Memorial Airfield.
Establishment of Class E Airspace; Lewisburg, PA
This action confirms the effective date of a direct final rule that establishes a Class E airspace area to support Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve the Evangelical Community Hospital, Lewisburg, PA. Additionally, this action corrects a minor technical error in the publication of the coordinates for the Evangelical Community Hospital East Heliport.
Establishment of Class E Airspace; Lady Lake, FL
This action withdraws the direct final rule published in the Federal Register March 21, 2008 establishing Class E Airspace at Lady Lake, FL (73 FR 15060), Docket No. FAA-2008-0072. This Direct final rule is being withdrawn in recognition of existing Class E Airspace at Lady Lake, FL that adequately supports the new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Village of Homewood Lady Lake Hospital.
Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
EPA is proposing to amend the new source performance standards for electric utility steam generating units and industrial-commercial- institutional steam generating units. On June 13, 2007, EPA promulgated amendments to the standards for steam generating units. Subsequently, EPA received a petition for reconsideration which it is granting to the extent specified in the proposed action. EPA is proposing to amend specific provisions in the standards for steam generating units, as amended, to resolve issues and questions raised by the petitioner for reconsideration, and to correct technical and editorial errors that have been identified since promulgation. In addition, EPA is requesting comment on the appropriate opacity standard for owners/operators of affected facilities using a particulate matter continuous emissions monitoring system to demonstrate compliance with the applicable PM limit.
OST Technical Corrections
DOT is amending a number of its regulations to reflect reorganization of some elements of DOT and the move of DOT's Headquarters site in Washington, DC. This action is taken on DOT's initiative.
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