August 6, 2008 – Federal Register Recent Federal Regulation Documents

National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; and National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing
Document Number: E8-18142
Type: Proposed Rule
Date: 2008-08-06
Agency: Environmental Protection Agency
On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. The rule is referred to as the miscellaneous organic NESHAP or the MON. The MON incorporates by reference the wastewater tank requirements in the National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, which EPA promulgated on April 24, 1994, and which is referred to as the hazardous organic NESHAP or the HON. In this action EPA proposes to amend the HON, and thereby, the MON, by adding an equivalent means of emission limitation for wastewater tanks. This action also clarifies and corrects technical inconsistencies that have been discovered in the MON.
Implantation or Injectable Dosage Form New Animal Drugs; Ceftiofur Hydrochloride
Document Number: E8-18094
Type: Rule
Date: 2008-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Pharmacia and Upjohn Co., a Division of Pfizer, Inc. The NADA provides for the veterinary prescription use of a ceftiofur hydrochloride injectable suspension for treatment of various bacterial infections in swine and cattle.
Oral Dosage Form New Animal Drugs; Amprolium
Document Number: E8-18093
Type: Rule
Date: 2008-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Phibro Animal Health. The supplemental NADA provides for label revisions associated with a previous change of sponsorship and other minor changes for amprolium concentrate solution to make medicated drinking water for chickens and turkeys for the treatment of coccidiosis. The product approval is being codified for the first time.
Oral Dosage Form New Animal Drugs; Oxfendazole Suspension
Document Number: E8-18092
Type: Rule
Date: 2008-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Fort Dodge Animal Health, Division of Wyeth. The supplemental NADA provides for revised scientific nomenclature for an internal parasite for which oxfendazole suspension is used orally in cattle.
Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ, Maintenance
Document Number: E8-18081
Type: Rule
Date: 2008-08-06
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the NJTRO Lower Hack Bridge across the Hackensack River, mile 3.4, at Jersey City, New Jersey. Under this temporary deviation, the NJTRO Lower Hack Bridge may remain in the closed position for 42 days to facilitate bridge lift cable maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate necessary bridge maintenance.
Special Local Regulation; Chris Craft Silver Cup Regatta, St. Clair River, Algonac, MI
Document Number: E8-18080
Type: Rule
Date: 2008-08-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary special local regulation for an area on the St. Clair River, Algonac, Michigan. This temporary special local regulation is intended to restrict vessels from a portion of the St. Clair River during the Chris Craft Silver Cup Regatta. This temporary special local regulation is necessary to protect spectators and vessels from the hazards associated with boat race operations.
Safety Zone, 2008 Personal Watercraft Challenge, Atlantic Ocean, Fort Lauderdale, FL
Document Number: E8-18079
Type: Rule
Date: 2008-08-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Atlantic Ocean offshore from Fort Lauderdale, Florida for the 2008 Personal Watercraft Challenge. This temporary safety zone is intended to restrict vessels from entering waters within the zone unless specifically authorized by the Captain of the Port Miami, Florida, or a designated representative. This rule is necessary to provide for the safety of life on the navigable waters of the United States and protect participants, spectators, and mariner traffic from potential hazards associated with the event.
Safety Zone; Fireworks, Beverly, MA
Document Number: E8-18076
Type: Rule
Date: 2008-08-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is creating a temporary safety zone for a fireworks event being held in Beverly, Massachusetts. This safety zone will last for the limited duration of the fireworks. The zone is necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays.
Critical Energy Information Infrastructure
Document Number: E8-18040
Type: Rule
Date: 2008-08-06
Agency: Department of Energy, Federal Energy Regulatory Commission
This document contains corrections to the final regulations (Docket No. RM06-23-000) which were published in the Federal Register of Wednesday, November 14, 2007. The final rule document amended regulations for gaining access to critical energy infrastructure information (CEII).
Enhanced Disclosure and New Prospectus Delivery Option for Registered Open-End Management Investment Companies
Document Number: E8-18036
Type: Proposed Rule
Date: 2008-08-06
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is reopening the period for public comment on amendments it originally proposed in Securities Act Release No. 8861 (Nov. 21, 2007) [72 FR 67790 (Nov. 30, 2007)]. The rule proposal would, if adopted, require key information to appear in plain English in a standardized order at the front of the mutual fund prospectus; and permit a person to satisfy its mutual fund prospectus delivery obligations under section 5(b)(2) of the Securities Act of 1933 by sending or giving the key information directly to investors in the form of a summary prospectus and providing the statutory prospectus on an Internet Web site.
Commission Guidance Regarding the Duties and Responsibilities of Investment Company Boards of Directors With Respect to Investment Adviser Portfolio Trading Practices
Document Number: E8-18035
Type: Proposed Rule
Date: 2008-08-06
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is publishing for comment this proposed guidance to boards of directors of registered investment companies to assist them in fulfilling their fiduciary responsibilities with respect to overseeing the trading of investment company portfolio securities. The guidance focuses on the role of an investment company board in overseeing the best execution obligations of the investment adviser hired to invest in securities and other instruments on the investment company's behalf. In this respect, we address the conflicts of interest that may exist when an investment adviser uses an investment company's brokerage commissions to purchase services other than execution, such as the purchase of brokerage and research services through client commission arrangements. The Commission also is requesting comment on whether to propose that advisers be subject to new disclosure requirements concerning the use of client commission arrangements to investment company shareholders and other investment advisory clients.
Changes to Practice for Documents Submitted to the United States Patent and Trademark Office
Document Number: E8-18025
Type: Proposed Rule
Date: 2008-08-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice to limit the types of correspondence that may be submitted to the Office by facsimile. The Office is also proposing an increased minimum font size for use on papers submitted to the Office for a patent application, patent or reexamination proceeding. The proposed changes will improve the legibility of documents in the Office's files of patent applications and reexamination proceedings.
Medical Use of Byproduct Material-Amendments/Medical Event Definitions
Document Number: E8-18014
Type: Proposed Rule
Date: 2008-08-06
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern medical use of byproduct material related to reporting and notifications of medical events (MEs) to clarify requirements for permanent implant brachytherapy. The proposed amendments would change the criteria for defining an ME for permanent implant brachytherapy from dose-based to activity-based; add a requirement to report, as an ME, any administration requiring a written directive (WD) if a WD was not prepared; clarify requirements for WDs for permanent implant brachytherapy; and make certain administrative and clarification changes. These amendments regarding permanent implant brachytherapy are being proposed in response to several incidents involving therapeutic use of byproduct material. The proposed changes are based in part on recommendations from NRC's Advisory Committee on the Medical Use of Isotopes (ACMUI) and the NRC's Medical Radiation Safety Team. This proposed rule would affect all medical licensees that perform procedures using byproduct material that require completion of a WD.
Migratory Bird Hunting; Hunting Methods for Resident Canada Geese
Document Number: E8-18003
Type: Proposed Rule
Date: 2008-08-06
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or ``we'') proposes to amend the regulations on resident Canada goose management. This proposed rule clarifies the requirements for use of expanded hunting methods during special September hunting seasons. One requirement in the regulations has been misinterpreted, and we are taking this action to make sure that our regulations are clear for the States and the public.
Airworthiness Directives; Agusta S.p.A. Model A109A and A109A II Helicopters
Document Number: E8-17992
Type: Proposed Rule
Date: 2008-08-06
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a superseding airworthiness directive (AD) for the specified Agusta S.p.A. (Agusta) model helicopters. This proposed AD results from a revised mandatory continuing airworthiness information (MCAI) originated by an aviation authority to identify and correct an unsafe condition on an aviation product. The aviation authority of Italy, with which we have a bilateral agreement, reports that the previous MCAI should not apply to newly redesigned and improved tail rotor blades. This action proposes the same inspection requirements as the current AD but would limit the applicability to only three part-numbered tail rotor blades. The proposed AD would require actions that are intended to prevent fatigue failure of a tail rotor blade (blade), loss of a tail rotor, and subsequent loss of control of the helicopter.
Administrative Practice and Procedure; Postal Service
Document Number: E8-17984
Type: Rule
Date: 2008-08-06
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is transferring Premium Forwarding Service from the market dominant list to the competitive product list. It is updating the market dominant product list to reflect the status of several agreements. It is also republishing the product lists. These actions are consistent with changes in a recent law.
REMIC Residual Interests-Accounting for REMIC Net Income (Including Any Excess Inclusions) (Foreign Holders)
Document Number: E8-17954
Type: Rule
Date: 2008-08-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9415), that were published in the Federal Register on Monday, July 14, 2008 (73 FR 40171). The final regulations relates to income that is associated with a residual interest in a Real Estate Mortgage Investment Conduit (REMIC) and that is allocated through certain entities to foreign persons who have invested in those entities.
Section 108 Reduction of Tax Attributes for S Corporations
Document Number: E8-17952
Type: Proposed Rule
Date: 2008-08-06
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance on the manner in which an S corporation reduces its tax attributes under section 108(b) for taxable years in which the S corporation has discharge of indebtedness income that is excluded from gross income under section 108(a). In particular, the regulations address situations in which the aggregate amount of the shareholders' disallowed section 1366(d) losses and deductions that are treated as a net operating loss tax attribute of the S corporation exceeds the amount of the S corporation's excluded discharge of indebtedness income. The proposed regulations will affect S corporations and their shareholders. This document also provides notice of a public hearing on these proposed regulations.
Personal Identity Verification of Contractors
Document Number: E8-17951
Type: Proposed Rule
Date: 2008-08-06
Agency: National Aeronautics and Space Administration, Agencies and Commissions
NASA proposes to revise the NASA FAR Supplement (NFS) to update procedures for compliance with Federal Acquisition Regulation (FAR) Subpart 4.13, Personal Identity Verification of Contractor Personnel. FAR 4.13 requires that agencies include their implementing guidance of FIPS 201 and OMB guidance M-05-24 in solicitations and contracts that require the contractor to have routine physical access to Federally-controlled facilities and/or access to Federally- controlled information systems. NASA further proposes to designate The Assistant Administrator, Office of Security and Program Protection as the official with overall responsibility for verifying contractor employee personal identity.
Difenoconazole; Pesticide Tolerances for Emergency Exemptions
Document Number: E8-17937
Type: Rule
Date: 2008-08-06
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of difenoconazole, 1-[2-[2-chloro-4-(4-chlorophenoxy)phenyl]- 4-methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4-triazole in or on almond, almond hulls, cantaloupe, cucumber, and watermelon. This action is in response to EPA's granting crisis exemptions to the California Environmental Protection Agency and the Georgia Department of Agriculture under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on almond, almond hulls, cantaloupe, cucumber, and watermelon. This regulation establishes a maximum permissible level for residues of difenoconazole in these food commodities. The time-limited tolerances expire and are revoked on December 31, 2011.
Dodine; Pesticide Tolerances
Document Number: E8-17934
Type: Rule
Date: 2008-08-06
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dodine in or on bananas and peanuts. Agriphar S.A. c/o Ceres International LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Bacillus thuringiensis Vip3Aa Proteins in Corn and Cotton; Exemption from the Requirement of a Tolerance
Document Number: E8-17931
Type: Rule
Date: 2008-08-06
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Vip3Aa proteins in or on the food and feed commodities of corn; corn, field; corn, sweet; corn, pop; and cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts, when used as plant-incorporated protectants in those food and feed commodities. Syngenta Seeds, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Vip3Aa proteins in or on corn; corn, field; corn, sweet; corn, pop; and cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts, when applied or used as plant- incorporated protectants.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Cirsium loncholepis (La Graciosa Thistle)
Document Number: E8-17808
Type: Proposed Rule
Date: 2008-08-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise the currently designated critical habitat for Cirsium loncholepis (La Graciosa thistle) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 38,447 acres (ac) (15,559 hectares (ha)) fall within the boundaries of this proposed revised critical habitat designation. The proposed revision is to critical habitat located in San Luis Obispo and Santa Barbara Counties, California.
Arbitration Services
Document Number: E8-17674
Type: Proposed Rule
Date: 2008-08-06
Agency: Federal Mediation and Conciliation Service, Agencies and Commissions
The Federal Mediation and Conciliation Service (FMCS) proposes to amend its rules relating to arbitrators' inactive status, removal, appointment, referral and obligation to provide FMCS with information. The proposed rules also address the appointment of arbitrators where a party has failed to pay fees in previous cases. In addition, the proposed rules raise the annual listing fee for arbitrators on the FMCS Roster. The changes will promote more efficient and effective procedures involving arbitrator retention and arbitration services. The increased cost of listing arbitrator biographical data more accurately reflects FMCS' costs of maintaining and administering this information.
Establishment of Class E Airspace; Lexington, OK
Document Number: E8-17560
Type: Rule
Date: 2008-08-06
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Lexington, OK. New Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Muldrow Army Heliport make this action necessary. This action will enhance the safety and management of Instrument Flight Rules (JFR) aircraft operations at Muldrow Army Heliport, Lexington, OK.
Amendment of Class E Airspace; Black River Falls, WI
Document Number: E8-17559
Type: Rule
Date: 2008-08-06
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Black River Falls, WI. Additional controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Black River Falls Area Airport. This action will enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Black River Falls Area Airport, Black River Falls, WI.
Amendment of Class D and Class E Airspace; Altus AFB, OK
Document Number: E8-17558
Type: Rule
Date: 2008-08-06
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D and Class E airspace at Altus Air Force Base (AFB), Altus OK. Additional controlled airspace is necessary to accommodate aircraft using Standard Instrument Approach Procedures (SIAPs). This action is necessary for the safety and management of Instrument Flight Rules (IFR) operations at Altus AFB, OK.
Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Reclassification of the Hawaiian Hawk or Io (Buteo solitarius) From Endangered to Threatened; Proposed Rule To Remove the Hawaiian Hawk From the Federal List of Endangered and Threatened Wildlife
Document Number: E8-16858
Type: Proposed Rule
Date: 2008-08-06
Agency: Fish and Wildlife Service, Department of the Interior
Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), withdraw our 1993 proposed reclassification of the Hawaiian hawk or io (Buteo solitarius) from endangered to threatened, and propose to remove the Hawaiian hawk from the Federal List of Endangered and Threatened Wildlife (List). These actions are based on a thorough review of the best available scientific data, which indicates that range-wide population estimates have been stable for at least 20 years, and the species has recovered and is not likely to become an endangered species in the foreseeable future throughout all or a significant portion of its range. The proposed rule, if made final, would remove the Hawaiian hawk from the List, thereby removing all protections provided by the Act.
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