July 2008 – Federal Register Recent Federal Regulation Documents

The Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules, and the Rules of Evidence have proposed amendments to the following rules: Appellate Rules: 1, 29, and Form 4. Bankruptcy Rules: 1007, 1014, 1015, 1018, 1019, 4004, 5009, 7001, and 9001, and New Rules 1004.2, and 5012. Civil Rules 26 and 56. Criminal Rules 5, 12.3, 15, 21, and 32.1. Evidence Rule 804. The text of the proposed rules amendments and new rules and the accompanying Committee Notes can be found at the United States Federal Courts' Home Page at https://www.uscourts.gov/rules. The Judicial Conference Committee on Rules of Practice and Procedure submits these proposed rules amendments and new rules for public comment. All comments and suggestions with respect to them must be place in the hands of the Secretary as soon as convenient and, in any event, not later than February 17, 2009. All written comments on the proposed rule amendments can be sent by one of the following three ways: by overnight mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, Washington, DC 20544; by electronic mail at https://www.uscourts.gov/rules; or by facsimile to Peter G. McCabe at (202) 502-1766. In accordance with established procedures all comments submitted on the proposed amendments are available to public inspection. Public hearings are scheduled to be held on the amendments to: Appellate Rules in Washington, DC, on January 30, 2009, and in New Orleans, LA, on February 11, 2009; Bankruptcy Rules in New York, NY, on January 23, 2009, and in San Francisco, CA, on February 6, 2009; Civil Rules in Washington, DC, on November 17, 2008, in San Antonio, TX, on January 14, 2009, and in San Francisco, CA, on February 2, 2009; Criminal Rules in Los Angeles, CA, on January 16, 2009, and in Dallas, TX, on February 9, 2009; and Evidence Rules in San Antonio, TX, on January 13, 2009, and in Atlanta, GA, on January 26, 2009. Those wishing to testify should contact the Committee Secretary at the above address in writing at least 30 days before the hearing.

In compliance with the Paperwork Reduction Act and supporting regulations, the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Morris K. Udall Foundation, will submit for Office of Management and Budget (OMB) review, a request for an extension for the currently approved information collection request (ICR), OMB Control No. 3320-0008: Application for the National Roster of Environmental Dispute Resolution and Consensus Building Professionals. Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (2) the accuracy of the agency's estimate of the time spent completing the application (``burden of the proposed collection of information''), including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information collected; (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology.

The Federal Trade Commission [bs](``FTC'' or ``Commission'') has extended the date by which comments must be submitted concerning its proposal to rescind Commission guidance that it is generally not a violation of the FTC Act to make factual statements of the tar and nicotine yields of cigarettes when statements of such yields are supported by testing conducted pursuant to the Cambridge Filter Method. This document informs prospective commenters of this change and sets a new date of September 12, 2008.

This notice advises the public that FMCSA is placing in the public docket four additional documents concerning hours of service (HOS) for commercial motor vehicle drivers. FMCSA published an interim final rule (IFR) on this issue on December 17, 2007. The Agency now dockets the supplemental documents.

FMCSA announces its decision to grant Rotel North American Tours, LLC (Rotel), an exemption to enable 22 drivers with German commercial driver's licenses (CDLs) to operate 11 commercial motor vehicles (CMVs) in the U.S. without a CDL issued by one of the States. Rotel conducts tours of the U.S. on a seasonal basis for Europeans. It uses motor coaches that are equipped with onboard sleeping and eating facilities. The drivers, in addition to operating the CMVs, provide oral commentary in German. Rotel previously was able to conduct these operations without exemption because its drivers were able to obtain (and renew) non-resident CDLs from certain States. However, there are currently no States willing to issue non-resident CDLs. Rotel states that it must obtain this exemption or end its specialty tour operations.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces three stakeholder listening sessions of the Specialty Crop Committee, under the auspices of the National Agricultural Research, Extension, Education, and Economics Advisory Board.

This action extends the length of Area Navigation (RNAV) route Q-110 and makes a minor realignment of jet route J-73 in Florida. These modifications support the Florida West Coast Airspace Redesign project. The extension of Q-110 provides an RNAV route for use by aircraft transitioning between Miami Air Route Traffic Control Center (ARTCC) and Jacksonville ARTCC airspace. The extension also assists aircraft in circumnavigating military airspace associated with the Avon Park Air Force Range. The realignment of J-73 provides space for the Q-110 extension. The FAA is taking this action to enhance the safe and the efficient use of the navigable airspace in the western Florida area.

The Coast Guard is establishing a temporary safety zone for the Astoria Regatta Assoc. Display to be held on the waters of the Columbia River in the vicinity of Astoria's waterfront in Astoria, Oregon. The safety zone will restrict vessels from entering the designated area during the fireworks display. This temporary rule is needed to provide for the safety of life on navigable waters during the event.

The Coast Guard is establishing a temporary safety zone for the Red Bull Flugtag to be held on the waters of the Willamette River in the vicinity of McCall's Waterfront Park in Portland, Oregon. The safety zone will restrict vessels from entering the designated area during the marine event. This temporary rule is needed to provide for the safety of participants in the event.

This notice announces three fact-finding informal airspace meetings to solicit information from airspace users and others concerning a proposal to revise the Class B airspace area at Chicago, IL. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any revision or issuance of a notice of proposed rulemaking. Times and Dates: The informal airspace meetings will be held on Tuesday, September 23, 2008, from 2 p.m.-7 p.m., Wednesday, September 24, 2008, from 10 a.m.-2 p.m., and Thursday, September 25, 2008, from 2 p.m.-7 p.m. Comments must be received on or before October 2, 2008.

Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C., App. 2).