June 16, 2008 – Federal Register Recent Federal Regulation Documents
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Refuge Alternatives for Underground Coal Mines
The Mine Safety and Health Administration (MSHA) is proposing requirements for refuge alternatives in underground coal mines and the training of miners in their use. The proposed rule also includes requirements for testing and approval of refuge alternatives. The proposal would implement section 13 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. Consistent with the MINER Act, it includes MSHA's response to the National Institute for Occupational Safety and Health Report on Refuge Alternatives.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands King and Tanner Crabs
NMFS announces the approval of Amendment 24 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). Amendment 24 specifies a five-tier system for determining the status of the crab stocks managed under the FMP, establishes a process for annually assigning each crab stock to a tier and for setting the overfishing and overfished levels, and reduces the number of crab stocks managed under the FMP. Amendment 24 is necessary to establish new overfishing definitions that contain objective and measurable criteria for determining whether each managed stock is overfished or whether overfishing is occurring and to remove from the FMP several crab stocks managed by the State of Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.
Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collections, as required by the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Performance and Handling Qualities Requirements for Rotorcraft; Correcting Amendment
The FAA is correcting a previously published final rule entitled Performance and Handling Qualities Requirements for Rotorcraft. In that final rule, we inadvertently left two cited references unchanged. The intent of this action is to correct the error in the regulation to ensure the requirement is clear and accurate.
The National Infrastructure Advisory Council
The National Infrastructure Advisory Council will meet on July 8, 2008 in Washington, DC. The meeting will be open to the public.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; State Petitions for Exemption From Preemption
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Notice of Approval of the Record of Decision for Proposed Development at the Flying Cloud Airport, Eden Prairie, MN
The FAA is announcing approval of the Record of Decision on the Final Environmental Impact Statement and Section 303c Evaluation for proposed development at the Flying Cloud Airport (FCM), Eden Prairie, Minnesota.
Adequacy Status of Motor Vehicle Budget in Submitted Five Percent Plan for PM-10 for the Phoenix Metropolitan Nonattainment Area for Transportation Conformity Purposes; Arizona
In this notice, EPA is notifying the public that the Agency has found that the motor vehicle emissions budget in the submitted MAG 2007 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area (December 2007) (``2007 MAG 5% Plan'') is adequate for transportation conformity purposes. The 2007 MAG 5% Plan was submitted to EPA on December 21, 2007 by the Arizona Department of Environmental Quality as a revision to the Arizona state implementation plan. The 2007 MAG 5% Plan includes a demonstration of no less than five percent annual emissions reductions in particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10) and a demonstration of PM-10 attainment in the Phoenix metropolitan area by 2010. As a result of our finding, the Maricopa Association of Governments and the U.S. Department of Transportation must use the motor vehicle emissions budget from the submitted five percent plan for PM-10 for future conformity determinations.
Proposed Establishment of Class E Airspace; Weiser, ID
This action proposes to establish Class E airspace at Weiser Municipal Airport, Weiser, ID. Additional controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Weiser Municipal Airport, Weiser, ID. The FAA is proposing this action to enhance the safety and management of aircraft operations at Weiser Municipal Airport, Weiser, ID.
Correction of Advisory Committee Meeting Information, Advisory Committee on International Postal and Delivery Services
The Department of State published a document in the Federal Register of June 6, 2008, concerning the meeting location and date for the meeting of the Advisory Committee on International Postal and Delivery Services. The meeting date and location were incorrect in the announcement.
Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber From the Republic of Korea
The Department of Commerce (``Department'') received a request for initiation of a changed circumstances review of the antidumping duty order on polyester staple fiber (``PSF'') from the Republic of Korea (``Korea'') from Woongjin Chemical Co. Ltd. (``Woongjin''). After reviewing this request, we preliminarily determine that Woongjin is the successor-in-interest to Saehan Industries Inc. (``Saehan''), and as a result, should be accorded the same treatment previously accorded Saehan with regard to the antidumping duty order on PSF from Korea. Interested parties are invited to comment on these preliminary results.
Proposed Information Collection; Comment Request; Import Certificates, End-User Certificates, and Delivery Verification Procedures
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Scallop Dredge Exemption Areas; Addition of Monkfish Incidental Catch Trip Limits
This action modifies the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to create three NE Multispecies Scallop Exemptions that are identical to the current scallop exemptions, except for the addition of an incidental monkfish catch limit. These new scallop exemptions are restricted to vessels issued either a General Category Atlantic sea scallop permit or a limited access Atlantic sea scallop permit (when not fishing under a scallop days-at-sea (DAS) limitation), when fishing for scallops with small dredge gear (combined width not to exceed 10.5 ft (3.2 m)). Vessels that land an incidental catch of monkfish within these new scallop exemptions are required to possess, and have onboard, a valid limited access monkfish permit, or an open access monkfish Incidental Catch permit. The intent of this action is to allow small scallop dredge vessels to land monkfish that are currently being discarded, consistent with the bycatch reduction objectives of the FMP and National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act.
Certain Steel Nails from the United Arab Emirates: Notice of Final Determination of Sales at Not Less Than Fair Value
We determine that certain steel nails (nails) from the United Arab Emirates (UAE) are not being, or are not likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735(a) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at not LTFV are shown in the ``Final Determination'' section of this notice.
Notice of Availability for the Framework for Application of the Toxicity Equivalence Methodology for Polychlorinated Dioxins, Furans, and Biphenyls in Ecological Risk Assessment
The U.S. Environmental Protection Agency (EPA) is announcing the availability of the final ``Framework for Application of the Toxicity Equivalence Methodology for Polychlorinated Dioxins, Furans, and Biphenyls in Ecological Risk Assessment'' (EPA/100/R-08/004). The purpose of the Framework is to assist EPA scientists in using the toxicity equivalence methodology to assess ecological risks from mixtures of dioxin-like chemicals, i.e., polychlorinated dibenzo-p- dioxins (PCDDs), dibenzofurans (PCDFs), and biphenyls (PCBs), as well as to inform EPA decision makers, other agencies, and the public about this methodology. This framework provides an introduction to the toxicity equivalence methodology, offers considerations for how and when to apply the methodology, and presents practical examples of its use. The Framework thus serves to enhance the application of the best available science. This document is not intended to serve as guidance on how to conduct a comprehensive risk assessment for dioxin-like chemicals or to act as a regulation or binding policy. EPA's Risk Assessment Forum oversaw the development of this document, incorporating input obtained from an expert workshop, scientists throughout the Agency, stakeholders, and a peer review by twelve experts from a range of scientific disciplines.
Board of Scientific Counselors, Homeland Security Subcommittee Meeting-July 2008
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Homeland Security Subcommittee.
Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2006, to November 30, 2007 with respect to eleven companies. This rescission, in part, is based on the timely withdrawal of the request for review by the interested parties that requested the review. A complete list of the companies for which the administrative review is being rescinded is provided in the background section below.
Extended Operations (ETOPS) of Multi-Engine Airplanes
The Federal Aviation Administration is amending its regulations governing extended range operations of turbine powered multi-engine airplanes operated by air carriers and in commuter and on- demand passenger carrying operations. This action clarifies the qualifications of individuals who certify by signature the ETOPS pre- departure service check for ETOPS flights. This change follows current FAA guidance and clarifies the regulations for the affected public.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0051 at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Certain Steel Nails from the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances
On January 23, 2008, the Department of Commerce (the ``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of certain steel nails (``nails'') from the People's Republic of China (``PRC''). The Department amended it preliminary determination on February 7, 2008, based on comments from interested parties. The period of investigation (``POI'') is October 1, 2006, to March 31, 2007. We invited interested parties to comment on our preliminary and amended preliminary determinations of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. We determine that nails from the PRC are being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Final Determination Margins'' section of this notice.
Pathfinder National Wildlife Refuge, Wyoming
We, the U.S. Fish and Wildlife Service (Service) announce that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Pathfinder National Wildlife Refuge is available. This draft CCP/EA describes how the Service intends to manage the refuge for the next 15 years. We request public comment.
Revisions to the Export Administration Regulations Based on the 2007 Missile Technology Control Regime Plenary Agreements
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2007 Plenary in Athens, Greece.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0050 at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Certain Lightweight Thermal Paper From China and Germany
The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-451 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation Nos. 731-TA- 1126-1127 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of subsidized imports from China and less-than-fair-value imports from China and Germany of certain lightweight thermal paper, provided for in subheadings 4811.90.80 and 4811.90.90 of the Harmonized Tariff Schedule of the United States.\1\
In the Matter of Certain Hard Disk Drives, Components Thereof, and Products Containing the Same; Notice of Commission Determination Not To Review Initial Determination Granting Complainants' Motion To Terminate the Investigation Based on Withdrawal of the Complaint
Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (``ID'') (Order No. 17) of the presiding administrative law judge (``ALJ'') granting complainants' motion to terminate the investigation based on withdrawal of the complaint in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0052 at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Reinstitution of Small Business Set-Asides for Certain Acquisitions Under the Small Business Competitiveness Demonstration Program
The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has reinstituted the use of small business set-aside procedures for solicitations issued under the Designated Industry Groups (DIGs), including Construction (except dredging), Subsector 236Construction of Buildings; non-nuclear ship repair acquisitions conducted by the Department of the Navy under North American Industry Classification System (NAICS) Code 3366111, Product or Service Code J999 (West Coast only); Architect and Engineering Services (including Surveying and Mapping); and Refuse Systems and Related Services. The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has also reinstituted the use of small business set-aside procedures for construction solicitations issued under specific construction NAICS codes for the Army, the Navy, the Air Force, the Defense Logistics Agency, the Defense Information Systems Agency, the Defense Threat Reduction Agency, the Defense Education Activity, and the U.S. Special Operations Command. This action is required under the Small Business Competitiveness Demonstration Program because DoD has failed to attain its 40 percent goal in these DIGs.
Feasibility of a Reciprocal Defense Procurement Memorandum of Understanding With Poland
DoD is soliciting information from U.S. industry that has had experience participating in public defense procurements conducted by or on behalf of Poland's Ministry of National Defense or Armed Forces. DoD is considering the possibility of negotiating a Reciprocal Defense Procurement Memorandum of Understanding (RDP MOU) with Poland. The contemplated MOU would involve reciprocal waivers of buy-national laws by each country. This would mean that Poland would be added to the list of ``qualifying countries'' in the Defense Federal Acquisition Regulation Supplement (DFARS), and that offers of products of Poland would be exempt from the U.S. Buy American Act and Balance of Payments Program policy that would otherwise require DoD to add 50 percent to the price of the foreign products when evaluating offers. This also means that U.S. products should be exempt from any analogous ``Buy Polish'' law or policy applicable to Poland's defense procurements. DoD is interested in industry comments relating to the transparency, integrity, and general fairness of Poland's public (defense) procurement processes. DoD is also interested in comments relating to the degree of reciprocity that exists between the United States and Poland when it comes to the openness of defense procurements to offers of products of the other country.
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