August 8, 2008 – Federal Register Recent Federal Regulation Documents

Special Regulation: Areas of the National Park System, National Capital Region
Document Number: E8-18412
Type: Proposed Rule
Date: 2008-08-08
Agency: Department of the Interior, National Park Service
The National Park Service (NPS) is proposing to amend regulations governing viewing of the Inaugural parade by the public, demonstrators, and the Presidential Inaugural Committee. The proposed rule would extend the duration and extent of demonstrations and special events in Washington, DC, including the Inaugural, the Lighting of the National Christmas Tree and Christmas Pathway of Peace, the Cherry Blossom Festival, the Fourth of July Celebration, and the Festival of American Folklife.
Television Broadcasting Services; Bangor, ME
Document Number: E8-18359
Type: Proposed Rule
Date: 2008-08-08
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by Community Broadcasting Service (``Community Broadcasting''), the licensee of WABI-DT, DTV channel 19, Bangor, Maine. Community Broadcasting requests the substitution of DTV channel 12 for channel 19 at Bangor.
Television Broadcasting Services; La Crosse, WI
Document Number: E8-18358
Type: Proposed Rule
Date: 2008-08-08
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by WXOW-WQOW (``WXOW-WQOW''), the permittee of WXOW-DT, DTV channel 14, La Crosse, Wisconsin. WXOW-WQOW requests the substitution of DTV channel 48 for channel 14 at La Crosse.
Television Broadcasting Services; Honolulu, HI
Document Number: E8-18357
Type: Proposed Rule
Date: 2008-08-08
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by HITV License Subsidiary, Inc. (``HITV''), the licensee of KGMB-DT, pre-transition DTV channel 22, Honolulu, Hawaii. HITV is allotted post-transition DTV channel 9 and requests the substitution of post-transition DTV channel 22 for channel 9 at Honolulu.
Drawbridge Operation Regulations; Smith Creek at Wilmington, NC
Document Number: E8-18351
Type: Rule
Date: 2008-08-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the drawbridge operation regulations of the S117-S133 Bridge, at mile 1.5, across Smith Creek at Wilmington, NC. This action will allow that the draw need not be opened for the passage of vessels.
Security Zone, Mackinac Bridge and Straits of Mackinac, Mackinaw City, MI
Document Number: E8-18349
Type: Rule
Date: 2008-08-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Mackinac Bridge Walk security zone on the Straits of Mackinac from 6 a.m. through 11:59 p.m. on September 1, 2008. This action is necessary to protect pedestrians during the event from an accidental or intentional vessel-to-bridge collision. During the enforcement period, navigational and operational restrictions will be placed on all vessels transiting through the Straits area, under and around the Mackinac Bridge, located between Mackinaw City, MI, and St. Ignace, MI. All vessels must obtain permission from the Captain of Port Sault Ste. Marie (COTP) or a Designated Representative to enter or move within the security zone.
Drawbridge Operation Regulations; Shrewsbury River, Route 36 Bridge, Highlands, NJ, Schedule Change
Document Number: E8-18312
Type: Rule
Date: 2008-08-08
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 Route 36 Bridge, across the Shrewsbury River, mile 1.8, at Highlands, New Jersey. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal for all marine traffic once an hour on the hour between 4 p.m. and 7 p.m. on weekends and holidays.
Alabama Regulatory Program
Document Number: E8-18297
Type: Proposed Rule
Date: 2008-08-08
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its regulations regarding permit fees and civil penalties. Alabama intends to revise its program to improve operational efficiency. This document gives the times and locations that the Alabama program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
The Attorney General of Commonwealth of Massachusetts, The Attorney General of California; Denial of Petitions for Rulemaking
Document Number: E8-18291
Type: Proposed Rule
Date: 2008-08-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is denying two petitions for rulemaking (PRM), one filed by the Attorney General of the Commonwealth of Massachusetts (Massachusetts AG) and the other filed by the Attorney General for the State of California (California AG), presenting nearly identical issues and requests for rulemaking concerning the environmental impacts of the high-density storage of spent nuclear fuel in large water pools, known as spent fuel pools (SFPs). The Petitioners asserted that ``new and significant information'' shows that the NRC incorrectly characterized the environmental impacts of high-density spent fuel storage as ``insignificant'' in its National Environmental Policy Act (NEPA) generic environmental impact statement (EIS) for the renewal of nuclear power plant licenses. Specifically, the Petitioners asserted that spent fuel stored in high-density SFPs is more vulnerable to a zirconium fire than the NRC concluded in its NEPA analysis.
General Services Administration Acquisition Regulation; Rewrite of GSAR Part 522, Application of Labor Laws to Government Acquisitions
Document Number: E8-18290
Type: Rule
Date: 2008-08-08
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise language pertaining to application of labor laws to Government acquisitions. This rule is a product of the General Services Administration Acquisition Manual (GSAM) Rewrite Initiative, undertaken by GSA to revise the regulation to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures for contractors, offerors, and GSA contracting personnel. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Truth in Lending
Document Number: E8-18275
Type: Rule
Date: 2008-08-08
Agency: Federal Reserve System, Agencies and Commissions
The Board is publishing a final rule amending the staff commentary that interprets the requirements of Regulation Z (Truth in Lending). The Board is required to adjust annually the dollar amount that triggers requirements for certain home mortgage loans bearing fees above a certain amount. The Home Ownership and Equity Protection Act of 1994 (HOEPA) sets forth rules for home-secured loans in which the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. In keeping with the statute, the Board has annually adjusted the $400 amount based on the annual percentage change reflected in the Consumer Price Index that is in effect on June 1. The adjusted dollar amount for 2009 is $583. This adjustment does not affect the new rules for ``higher-priced mortgage loans'' adopted by the Board in July 2008.
Management of Donated Foods in Child Nutrition Programs, the Nutrition Services Incentive Program, and Charitable Institutions
Document Number: E8-18230
Type: Rule
Date: 2008-08-08
Agency: Department of Agriculture, Food and Nutrition Service
This final rule revises and clarifies requirements for the management, distribution, and use of donated foods in the National School Lunch Program and other child nutrition programs, in the Nutrition Services Incentive Program, and by charitable institutions. In response to an audit by the USDA Office of Inspector General, the rule establishes specific requirements to ensure that recipient agencies in child nutrition programs receive the benefit and value of all donated foods received and provided to food service management companies to conduct the food service. The rule also incorporates legislative changes affecting the distribution of donated foods in the Nutrition Services Incentive Program, and reduces reporting and administrative requirements for donated foods provided to charitable institutions. Lastly, the rule restructures and revises regulatory provisions in a plain language format to make them easier to read and understand.
Temporary Assistance for Needy Families (TANF) Program, Elimination of Enhanced Caseload Reduction Credit for Excess Maintenance-of-Effort Expenditures
Document Number: E8-18208
Type: Proposed Rule
Date: 2008-08-08
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
The Administration for Children and Families proposes to revise the TANF regulations to eliminate the provision that allows a State to receive additional caseload reduction credit for maintenance- of-effort (MOE) expenditures in excess of its required MOE spending. This provision is no longer necessary and not consistent with Congressional direction in the Deficit Reduction Act of 2005.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Schuylkill County Area
Document Number: E8-18188
Type: Rule
Date: 2008-08-08
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004, designations, as well as a 2002 base-year inventory for the Schuylkill County Area. EPA is approving the maintenance plan and the 2002 base-year inventory for the Schuylkill County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Detroit Zone
Document Number: E8-18095
Type: Rule
Date: 2008-08-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing safety zones for annual events in the Captain of the Port Detroit Zone. This rule consolidates current regulations establishing safety zones for annual fireworks events in the former Captain of the Port Toledo Zone and the former Captain of the Port Detroit Zone. In addition, it adds events not previously published in Coast Guard regulations. These safety zones are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays or other events.
Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2009
Document Number: E8-17948
Type: Rule
Date: 2008-08-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the payment rates used under the prospective payment system (PPS) for skilled nursing facilities (SNFs), for fiscal year (FY) 2009. It also discusses our ongoing analysis of nursing home staff time measurement data collected in the Staff Time and Resource Intensity Verification (STRIVE) project. Finally, this final rule makes technical corrections in the regulations text with respect to Medicare bad debt payments to SNFs and the reference to the definition of urban and rural as applied to SNFs.
Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2009
Document Number: E8-17797
Type: Rule
Date: 2008-08-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the prospective payment rates for inpatient rehabilitation facilities (IRFs) for Federal fiscal year (FY) 2009 (for discharges occurring on or after October 1, 2008 and on or before September 30, 2009) as required under section 1886(j)(3)(C) of the Social Security Act (the Act). Section 1886(j)(5) of the Act requires the Secretary to publish in the Federal Register on or before the August 1 that precedes the start of each fiscal year, the classification and weighting factors for the IRF prospective payment system's (PPS) case-mix groups and a description of the methodology and data used in computing the prospective payment rates for that fiscal year. We are revising existing policies regarding the PPS within the authority granted under section 1886(j) of the Act.
Medicare Program; Hospice Wage Index for Fiscal Year 2009
Document Number: E8-17795
Type: Rule
Date: 2008-08-08
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule sets forth the hospice wage index for fiscal year 2009. In addition, this final rule finalizes the policy to phase out the Medicare hospice budget neutrality adjustment factor, and clarifies two wage index issues pertaining to the definition of rural and urban areas and multi-campus hospital facilities.
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