August 7, 2008 – Federal Register Recent Federal Regulation Documents

Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Area
Document Number: E8-18244
Type: Rule
Date: 2008-08-07
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing a final rule to update the 2002 North American Industry Classification System (NAICS) codes currently used in Federal Wage System wage survey industry regulations with the 2007 NAICS revisions published by the Office of Management and Budget.
Robinson R-22/R-44 Special Training and Experience Requirements
Document Number: E8-18239
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to continue the existing special training and experience requirements in Special Federal Aviation Regulation (SFAR) No. 73 and eliminate the termination date for SFAR 73. Currently, SFAR No. 73 is a final rule that will expire on June 30, 2009. Since 1998, the FAA has extended SFAR 73 for two 5-year periods. The FAA recently re-issued SFAR No. 73 and extended the rule's expiration date to June 30, 2009. SFAR No. 73 requires special training and experience for pilots operating the Robinson model R-22 or R-44 helicopters in order to maintain the safe operation of Robinson helicopters. It also requires special training and experience for certified flight instructors conducting student instruction or flight reviews in R-22 or R-44 helicopters.
Airworthiness Directives; Cessna Aircraft Company (Type Certificate Previously Held by Columbia Aircraft Manufacturing) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
Document Number: E8-18231
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to revise Airworthiness Directive (AD) 2007-07- 06, which applies to certain Cessna Aircraft Company (type certificate previously held by Columbia Aircraft Manufacturing) (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. AD 2007-07-06 currently requires the following: adding information to the limitations section of the airplane flight manual (AFM); repetitively inspecting the aileron and the elevator linear bearings and control rods for foreign object debris, scarring, or damage; and taking all necessary corrective actions. Since we issued AD 2007-07-06, Cessna has issued a new service bulletin that contains procedures for installing an access panel to facilitate the required inspections. Consequently, this proposed AD would retain the actions currently required in AD 2007-07- 06; allow installing access panels; and change the serial number applicability. We are proposing this AD to prevent jamming in the aileron and elevator control systems, which could result in failure. This failure could lead to loss of control.
Airworthiness Directives; Allied Ag Cat Productions, Inc. G-164 Series Airplanes
Document Number: E8-18228
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 78-08-09, which applies to certain Allied Ag Cat Productions, Inc. (formerly Grumman-American) Models G-164, G-164A, and G-164B airplanes. AD 78-08- 09 currently requires repetitively inspecting the interior and the exterior of the main tubular spar of the rudder assembly for corrosion, taking necessary corrective action if corrosion is found, and applying corrosion protection. Since we issued AD 78-08-09, the rudder main tubular spar failed on a later production airplane. Consequently, this proposed AD would retain the actions required in AD 78-08-09 and expand the applicability to include all G-164 series airplanes. We are proposing this AD to detect and correct corrosion in the rudder main tubular spar, which could result in failure of the weld to the main spar tube. This failure could lead to loss of directional control.
Airworthiness Directives; Fokker Model F.28 Mark 0100 Airplanes
Document Number: E8-18225
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: * * * * *
Airworthiness Directives; Boeing Model 757-200, 757-200PF, and 757-300 Series Airplanes
Document Number: E8-18222
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200, 757-200PF, and 757-300 series airplanes. This proposed AD would require, for certain airplanes, measuring the electrical bond resistance at certain stations and doing any applicable repair; installing support brackets for the hot short protector and new support clamps for the wire bundles; installing the equipment of the hot short protector; and modifying an existing wire bundle and installing a new wire bundle. This proposed AD would also require, for certain other airplanes, measuring the electrical bond resistance at certain stations, measuring the electrical bonding resistance between the hot short protector and rear spar web, and doing any applicable repair. This proposed AD also would require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent the center fuel tank densitometer from overheating and becoming a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane.
Radio Broadcasting Services; Ehrenberg and First Mesa, AZ; Needles, CA
Document Number: E8-18212
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Communications Commission, Agencies and Commissions
This document requests comments on a petition for rulemaking filed by Michael Cusinato, proposing to allot Channel 287B1 at Needles, California, as a fourth local service. To accommodate the proposed Needles allotment, Petitioner also requests the substitution of Channel 228C2 for vacant Channel 286C2 at Ehrenberg, Arizona, and the substitution of Channel 286C2 for Channel 287C2 at Wickenburg, Arizona, and modification of the Station KHOV-FM license accordingly at its license site. An Order to Show Cause is directed to Univision Radio License Corporation, licensee of Station KHOV-FM to show cause why its license should not be modified to specify operation on Channel 286C2. To accommodate the Wickenburg substitution, Petition proposes to substitute Channel 246C2 for Channel 286C2 at Kachina Village, Arizona, and modify the license for Station KFLX(FM) accordingly, at its license site. An Order to Show Cause is directed to Grenax Broadcasting II LLC, licensee of Station KFLX(FM) to show cause why its license should not be modified to Channel 246C2. Finally, to accommodate the substitution at Kachina Village, Petitioner proposes the substitution of Channel 281C for vacant Channel 281C at First Mesa, Arizona.
Airworthiness Directives; Boeing Model 777 Airplanes
Document Number: E8-18211
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require doing an inspection of the motor operated valve (MOV) actuators of the main and center fuel tanks for a certain part number; replacing the MOV actuator with a new MOV actuator if necessary; and measuring the electrical resistance of the bond from the adapter plate to the airplane structure, and corrective actions if necessary. This proposed AD would also require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent electrical current from flowing through a MOV actuator into a fuel tank, which could create a potential ignition source inside the fuel tank. This condition, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Airbus Model A310 Series Airplanes
Document Number: E8-18210
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Two operators of A300 aircraft fitted with General Electric (GE) CF6-50 engine series have reported cracks on the lower side of Rib 5 in the pylon box. Investigations disclosed that these cracks are due to the stresses resulting from the pressure applied by the thrust reverser cowl bumpers. Cracking of the engine pylons could result in reduced structural integrity of the engine support structure. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the U.S. Population of Coaster Brook Trout (Salvelinus fontinalis) as Endangered
Document Number: E8-18206
Type: Proposed Rule
Date: 2008-08-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), correct and reopen the comment period for the March 20, 2008, 90-day finding on a petition to list the U.S. population of coaster brook trout.
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Western Regulatory Area of the Gulf of Alaska
Document Number: E8-18204
Type: Rule
Date: 2008-08-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of shortraker rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2008 total allowable catch (TAC) of shortraker rockfish in the Western Regulatory Area of the GOA has been reached.
Airworthiness Directives; Saab Model SAAB 2000 Airplanes
Document Number: E8-18202
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure
Document Number: E8-18198
Type: Rule
Date: 2008-08-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific sardine. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1 - September 14) is projected to be reached. From date of closure until September 15, 2008, Pacific sardine may only be harvested incidental to other fisheries, with incidental harvest constrained by a 20-percent by weight incidental catch rate.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Stafford County Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard
Document Number: E8-18191
Type: Proposed Rule
Date: 2008-08-07
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This SIP revision pertains to the requirements in meeting the reasonably available control technology (RACT) under the 8-hour ozone national ambient air quality standard (NAAQS). These requirements are based on: Certification that previously adopted RACT controls in Virginia's SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 8-hour implementation purposes; a negative declaration demonstrating that no facilities exist in Stafford County for the applicable control technology guideline (CTG) categories; and new RACT determinations. This action is being taken under the Clean Air Act (CAA).
Drawbridge Operation Regulations; Harlem River, New York, NY
Document Number: E8-18175
Type: Proposed Rule
Date: 2008-08-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the drawbridge operating regulations governing the operation of the bridges across the Harlem River at New York City, New York. This proposed rule would revise the drawbridge operation regulations removing redundant language and requirements that are no longer necessary.
Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes
Document Number: E8-18173
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to discontinue its current requirement that applicants seeking authority to transport passengers over regular routes submit a detailed description and a map of the route(s) over which they propose to operate. The Agency would register such carriers as regular-route carriers without requiring designation of specific regular routes and fixed end-points. Once these regular-route motor carriers have obtained operating authority from FMCSA, they would no longer need to seek additional FMCSA approval in order to change or add routes. By eliminating the need to file and process multiple requests concerning routes, the Agency believes this action will decrease the paperwork burden on regular-route motor carriers seeking to expand or change their routes without compromising safety. It will also decrease the Agency's own paperwork burden. Each registered regular-route motor carrier of passengers would continue to be subject to the full safety oversight and enforcement program of FMCSA and its State and local partners.
Commission Guidance on the Use of Company Web Sites
Document Number: E8-18148
Type: Rule
Date: 2008-08-07
Agency: Securities and Exchange Commission, Agencies and Commissions
We are publishing this interpretive release to provide guidance regarding the use of company Web sites under the Exchange Act and the antifraud provisions of the federal securities laws. We are soliciting comment on issues relating to company use of technology generally in providing information to investors.
Special Conditions: Airbus A318, A319, A320, and A321 Series Airplanes; Astronautics Electronic Flight Bags With Lithium Battery Installations
Document Number: E8-18139
Type: Proposed Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Airbus A318, A319, A320, and A321 series airplanes. These airplanes, as modified by L2 Consulting Services, will have a novel or unusual design feature associated with Astronautics electronic flight bags which use lithium battery technology. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
New Animal Drugs For Use in Animal Feeds; Oxytetracycline
Document Number: E8-18129
Type: Rule
Date: 2008-08-07
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 use of oxytetracycline dihydrate in Type C medicated feeds for the control of mortality in freshwater-reared salmonids due to coldwater disease and for the control of mortality in freshwater-reared Oncorhynchus mykiss due to columnaris disease.
Special Local Regulations for Marine Events; St. Leonard Creek, Patuxent River, Calvert County, MD
Document Number: E8-18096
Type: Proposed Rule
Date: 2008-08-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the ``War of 1812 North American Grand Tactical'', a marine event to be held September 21, 2008 on the waters of St. Leonard Creek and Patuxent River, Calvert County, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of St. Leonard Creek and the Patuxent River during the event.
Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL
Document Number: E8-18078
Type: Rule
Date: 2008-08-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is revising the dates and is reinstating a temporary regulated navigation area and safety zone on the Chicago Sanitary and Ship Canal near Romeoville, IL. This regulated navigation area and safety zone places navigational and operational restrictions on all vessels transiting through the electrical dispersal barrier IIA.
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
Document Number: E8-18068
Type: Rule
Date: 2008-08-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Greenland turbot total allowable catch (TAC) in the Bering Sea subarea of the BSAI.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts
Document Number: E8-18066
Type: Rule
Date: 2008-08-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the 2008 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2008, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.
Fair Housing and Nondiscrimination on the Basis of Disability
Document Number: E8-18052
Type: Rule
Date: 2008-08-07
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is amending two regulations, following a recent review, to update FDIC addresses contained in the regulations. First, the FDIC is updating the division name and address information in the Equal Housing Lender poster set forth in its fair housing regulation. Second, the FDIC is updating the address and telephone contact information for the FDIC's Office of Diversity and Economic Opportunity (ODEO) set forth in its regulation on nondiscrimination on the basis of disability.
Substantiation and Reporting Requirements for Cash and Noncash Charitable Contribution Deductions
Document Number: E8-17953
Type: Proposed Rule
Date: 2008-08-07
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
These proposed regulations provide guidance concerning substantiation and reporting requirements for cash and noncash charitable contributions under section 170 of the Internal Revenue Code (Code). The regulations reflect the enactment of provisions of the American Jobs Creation Act of 2004 and the Pension Protection Act of 2006. The regulations provide guidance to individuals, partnerships, and corporations that make charitable contributions, and will affect any donor claiming a deduction for a charitable contribution after the date these regulations are published as final regulations in the Federal Register.
Proposed Amendment to Municipal Securities Disclosure
Document Number: E8-17856
Type: Proposed Rule
Date: 2008-08-07
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'') is publishing for comment proposed amendments to a rule under the Securities Exchange Act of 1934 (``Exchange Act'') relating to municipal securities disclosure. The proposal would amend certain requirements regarding the information that the broker, dealer, or municipal securities dealer acting as an underwriter in a primary offering of municipal securities must reasonably determine that an issuer of municipal securities or an obligated person has undertaken, in a written agreement or contract for the benefit of holders of the issuer's municipal securities, to provide. Specifically, the amendments would require the broker, dealer, or municipal securities dealer to reasonably determine that the issuer or obligated person has agreed to provide the information covered by the written agreement to the Municipal Securities Rulemaking Board (``MSRB'' or ``Board''), instead of to multiple nationally recognized municipal securities information repositories (``NRMSIRs'') and state information depositories (``SIDs''), as the rule currently provides, and to provide such information in an electronic format and accompanied by identifying information as prescribed by the MSRB.
Airworthiness Directives; Eclipse Aviation Corporation Model EA500 Airplanes
Document Number: E8-17786
Type: Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding emergency Airworthiness Directive (AD) 2008-13-51, which currently applies to all owners/operators of Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes that received the emergency AD by letter issued June 12, 2008. Emergency AD 2008-13-51 requires owner/operators to insert temporary revisions into the emergency and normal procedures sections of the airplane flight manual (AFM), do a pilot evaluation of the throttles with replacement as necessary, and report the evaluation results to the FAA. Emergency AD 2008-13-51 was the result of the throttle position exceeding its maximum range. Since issuing that AD, Eclipse developed an FAA-approved test procedure and issued Eclipse Aviation Alert Service Bulletin SB 500-76-001, REV B, dated July 22, 2008. The service bulletin provides a standardized procedure for testing and modifying (as applicable) the throttle lever with replacement as necessary. We are issuing this AD to mandate the actions in this service bulletin to be done by a person authorized to perform maintenance and reduce the likelihood of the throttle position signal exceeding its maximum range, which could cause loss of left and right engine control. This condition could result in the inability to maintain desired airspeed and/or altitude with consequent loss of control.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-17614
Type: Rule
Date: 2008-08-07
Agency: Federal Aviation Administration, Department of Transportation
This Rule establishes, amends, suspends, or revokes STANDARD Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Approval and Promulgation of Air Quality Implementation Plans; Colorado; Affirmative Defense Provisions for Malfunctions; Common Provisions Regulation
Document Number: E8-16269
Type: Proposed Rule
Date: 2008-08-07
Agency: Environmental Protection Agency
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Colorado on August 1, 2007. These revisions establish affirmative defense provisions for source owners and operators for excess emissions during periods of malfunction. The affirmative defense provisions are contained in the State of Colorado's Common Provisions regulation. The intended effect of this action is to approve only those portions of Colorado's Common Provisions regulation submitted on August 1, 2007 that relate to the affirmative defense for malfunctions. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a non- controversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.
Approval and Promulgation of Air Quality Implementation Plans; Colorado; Affirmative Defense Provisions for Malfunctions; Common Provisions Regulation
Document Number: E8-16268
Type: Rule
Date: 2008-08-07
Agency: Environmental Protection Agency
EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado on August 1, 2007. This revision establishes affirmative defense provisions for source owners and operators for excess emissions during periods of malfunction. The affirmative defense provisions are contained in the State of Colorado's Common Provisions regulation. The intended effect of this action is to approve only those portions of Colorado's Common Provisions regulation submitted on August 1, 2007 that relate to the affirmative defense for malfunctions. This action is being taken under section 110 of the Clean Air Act.
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