August 13, 2008 – Federal Register Recent Federal Regulation Documents
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Interconnection of Distributed Resources
The Rural Utilities Service, an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs (Rural Development and/or Agency) proposes to require that Rural Development Electric Program borrowers will be responsible for establishing and maintaining a written standard policy relating to the Interconnection of Distributed Resources (IDR). The intended effect is that owners of distributed resources know what they have to do to connect their facilities to the electric power systems of borrower electric cooperatives.
Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
The Copyright Office is extending the time in which comments and reply comments may be filed in response to its Notice of Proposed Rulemaking proposing to amend its regulations to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. 73 FR 40802. The Office is also announcing a hearing on the proposed rulemaking to take place on September 19, 2008.
Migratory Bird Permits; Revisions to Migratory Bird Import and Export Regulations
We, the U.S. Fish and Wildlife Service, change the regulations governing migratory bird permitting. We amend 50 CFR part 21 to allow the export of lawfully-acquired, captive-bred raptors without obtaining a migratory bird export permit; to resolve problems related to export of species covered by Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permits or certificates; to allow the importation and possession without an import permit of legally-acquired migratory game birds in the families Anatidae, Columbidae, Gruidae, Rallidae, or Scolopacidae that were lawfully hunted in a foreign country; to extend the maximum time for which an import and export permit is valid from 3 to 5 years; and to reorganize and reword the regulations to make them easier to understand.
Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines
NMFS extends the public comment period on the proposed rule to revise National Standard 1 (NS1) guidelines, including guidance on how to comply with new annual catch limit (ACL) and accountability measures (AM) requirements for ending overfishing of fisheries managed by federal fishery management plans. NMFS has received various requests to extend the comment period for the proposed rule beyond its current 90- day comment period. The extension of the comment period for another two weeks is intended to ensure that NMFS provides adequate time for various stakeholders and members of the public to comment on the proposed guidance on ACLs and AMs and other proposed revisions to the NS1 guidelines. The comment period ending date is extended from September 8, 2008, to September 22, 2008.
Fisheries in the Western Pacific; Precious Corals Fisheries; Black Coral Quota and Gold Coral Moratorium
This final rule implements Amendment 7 to the Fishery Management Plan for Precious Coral Fisheries of the Western Pacific Region (Precious Corals FMP). The rule designates the Au'au Channel, Hawaii, black coral bed as an ``Established Bed'' with a harvest quota of 5,000 kg every two years that applies to Federal and State of Hawaii waters, and implements a 5-year moratorium on the harvest of gold coral throughout the U.S. western Pacific. This rule is intended to prevent overfishing and achieve optimum yields of black coral resources, and to prevent overfishing and stimulate research on gold corals.
Outer Continental Shelf Air Regulations Consistency Update for California
EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources by the Santa Barbara County Air Pollution Control District (Santa Barbara County APCD). The intended effect of approving the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
General Services Acquisition Regulation; GSAR Case 2008-G515; Rewrite of GSAR Part 549, Termination of Contracts
The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for termination of contracts.
Revised Medical Criteria for Evaluating Hearing Loss
We propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving hearing loss. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The proposed revisions reflect current medical knowledge, treatment, and methods of evaluating hearing loss, as well as our adjudicative experience since the publication of the current rules.
Railroad Workplace Safety; Adjacent-Track On-Track Safety for Roadway Workers
On July 17, 2008, FRA published an NPRM in the Federal Register addressing adjacent-track on-track safety procedures for roadway workers. For the reasons stated below, FRA has decided to withdraw the NPRM.
Medicare and Medicaid Programs; Fire Safety Requirements for Long Term Care Facilities, Automatic Sprinkler Systems
This final rule requires all long term care facilities to be equipped with sprinkler systems by August 13, 2013. Additionally, this final rule requires affected facilities to maintain their automatic sprinkler systems once they are installed.
Standards of Performance for Portland Cement Plants
EPA is extending the public comment period on the proposed amendments to the current Standards of Performance for Portland Cement Plants. EPA originally requested comments on the proposed rule by August 15, 2008. EPA is extending the deadline to September 30, 2008, and is now requesting written comments by that date. EPA received a request for this extension to the comment period from the Portland Cement Association. The reason given for the request for the extension was the need for additional time to gather data and review the proposed amendments. Given the fact that the proposed amendments are regulating two pollutants that are not regulated by the current NSPS, and the need by the Portland Cement Association to obtain additional information from control equipment vendors, EPA finds this request to be reasonable.
Tebuconazole; Pesticide Tolerances
This regulation establishes tolerances for residues of tebuconazole in or on apple, wet pomace; asparagus; bean, succulent; bean, dry seed; beet, garden, tops; beet, garden, roots; brassica, leafy greens, subgroup 5B; coffee, green bean; coffee, roasted bean; corn, field, grain; corn, field, forage; corn, field, stover; corn, pop, grain; corn, pop, stover; corn, sweet, kernel plus cob with husks removed; corn, sweet, forage; corn, sweet, stover; cotton, undelinted seed; cotton, gin byproducts; Fruit, pome, group 11; fruit, stone, group 12, except cherry; grain, aspirated fractions; hop, dried cones; lychee; mango, postharvest; okra; onion, bulb, subgroup 3-07A; onion, green, subgroup 3-07B; plum, pre- and post-harvest; turnip, roots; turnip, tops; soybean, forage; soybean, hay; soybean, seed; sunflower, seed; sunflower, meal; sunflower, refined oil; and vegetable, cucurbit, group 9. Bayer CropScience LP and Interregional Research Project No. 4 (IR4) have requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; Speech-to-Speech and Internet Protocol (IP) Speech-to-Speech Telecommunications Relay Services
In this document, the Commission seeks comment on ways to improve the provision of Speech-to-Speech (STS), including, for example, whether to modify the minimum time period a Communications Assistant (CA) should be required to stay on a call, and ways to improve outreach associated with STS. The Commission also seeks comment on the tentative conclusion that Internet Protocol STS (IP STS) is a form of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund and related issues relevant to the provision, regulation, and compensation of IP STS. These issues include the appropriate compensation rate for IP STS, and whether it should be compensated at the same rate as STS.
Radio Broadcasting Services; Custer, MI
This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Roy E. Henderson. Petitioner proposes the substitution of FM Channel 227A for vacant Channel 263A at Custer, Michigan. The purpose of the requested channel substitution at Custer is to eliminate a short- spacing with the facilities proposed in an application to upgrade the facilities of Station WCUZ(FM) at Bear Lake, Michigan, from FM Channel 261A to Channel 264C3. Channel 227A can be allotted at Custer in compliance with the Commission's minimum distance separation requirements with a site restriction of 13.1 km (8.1 miles) northeast of Custer. The proposed coordinates for Channel 227A at Custer are 44- 03-28 North Latitude and 85-08-56 West Longitude. Concurrence by the Government of Canada is required for the allotment of Channel 227A at Custer, Michigan, because the proposed allotment is located within 320 kilometers (200 miles) of the U.S.-Canadian border. See SUPPLEMENTARY INFORMATION infra.
Airworthiness Directives; Airbus Model A310 Airplanes
We are superseding an existing airworthiness directive (AD) for the products listed above. This 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:
Amendment to Guidelines for Processing Applications for Assistance To Conform to Sections 3013(h) and 3031 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act-A Legacy for Users and To Improve Processing for Administrative Efficiency
The Department of Labor (``Department''), through the Office of Labor-Management Standards (``OLMS''), issued proposed changes to its Guidelines for the Department's administration of the Secretary of Labor's (``Secretary'') responsibility under the Federal transit law, 49 U.S.C. 5333(b). This document sets forth the Department's review of and response to comments on the proposed revisions, as well as the changes made to the Guidelines in response to those comments. Pursuant to section 5333(b) of the Federal transit law, the Department must certify that, as a condition of certain grants of Federal financial assistance, fair and equitable labor protective provisions are in place to protect the interests of employees affected by such Federal assistance. The Department administers this program through Guidelines set forth at 29 CFR Part 215. The Department's proposed changes are intended to conform the Guidelines to amendments to the Federal transit law made by sections 3013(h) and 3031 of the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (``SAFETEA-LU''), Public Law No. 109-59, 119 Stat. 1144 (2005). In addition to changes mandated by statute, the Department proposed revisions to the Guidelines that are intended to enhance the speed and efficiency of the Department's processing of grant certifications. The revisions to existing procedures for processing grant applications under the Federal transit law are intended to ensure timely certifications in a predictable manner, while remaining consistent with the transit law's objectives. The Department invited written comments on the proposed revisions from members of the public.
Thifensulfuron Methyl; Pesticide Tolerances
This regulation establishes tolerances for residues of thifensulfuron methyl in or on barley, hay; oat, forage; oat, hay; wheat, forage, and wheat, hay. E.I. DuPont de Nemours and Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Payments Pursuant to Court Decree or Court-Approved Property Settlement
The Railroad Retirement Board (Board) amends its regulations concerning partition of annuities pursuant to a court decree or court- approved property settlement in order to incorporate provisions of the Pension Protection Act of 2006, to make corrections in the existing regulation, and to update the regulation to reflect changes in titles within the agency.
Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This 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; Dornier Model 328-100 Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to all AvCraft Dornier Model 328-100 airplanes. That AD currently requires modifying the electrical wiring of the fuel pumps; installing insulation at the hand flow control and shut-off valves, and other components of the environmental control system; and installing markings at fuel wiring harnesses. The existing AD also requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This new AD replaces the flight-hour-based threshold for conducting certain initial inspections, with an 8-year threshold. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Flubendiamide; Pesticide Tolerances
This regulation establishes tolerances for residues of the insecticide flubendiamide per se, N2-[1,1-Dimethyl-2- (methylsulfonyl)ethyl-3-iodo-N1-[2-methyl-4-[1,2,2,2- tetrafluoro-1-(trifluoromethyl)ethyl]phenyl]-1,2-benzenedicar boxamide, in or on certain food and raw agricultural commodities. Bayer CropScience, LP in c/o Nichino America, Inc. (U.S. subsidiary of Nihon Nohyaku Co., Ltd.) requested these tolerances under the Federal Food, Drug and Cosmetic Act (FFDCA).
Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-6 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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; Diamond Aircraft Industries GmbH Model DA 42 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:
Tribenuron Methyl; Pesticide Tolerances
This regulation establishes tolerances for residues of tribenuron methyl in or on barley, hay; oat, forage; oat, hay; wheat, forage; and wheat, hay. E. I. DuPont de Nemours and Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Reticulated Flatwoods Salamander; Proposed Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander
We, the U.S. Fish and Wildlife Service (Service), propose to split the listing under the Endangered Species Act of 1973, as amended (Act), of the currently threatened flatwoods salamander (Ambystoma cingulatum) into two distinct species: frosted flatwoods salamander (Ambystoma cingulatum) and reticulated flatwoods salamander (Ambystoma bishopi) due to a change in taxonomy. The frosted flatwoods salamander will maintain the status of threatened. However, we propose to list the reticulated flatwoods salamander as endangered under the Act. We also propose to designate critical habitat for both the frosted flatwoods salamander and the reticulated flatwoods salamander under the Act. In total, approximately 30,628 acres (ac) (12,395 hectares (ha)) (23,132 ac (9,363 ha) for the frosted flatwoods salamander and 7,496 ac (3,035 ha) for the reticulated flatwoods salamander) fall within the boundaries of the proposed critical habitat designation, which is located in the panhandle of Florida, southwestern Georgia, and southeastern South Carolina. We also announce the availability of the draft economic analysis for our proposed designation of critical habitat for the frosted and reticulated flatwoods salamanders. The draft economic analysis estimates that, over the period 2009 to 2028, post-designation costs for frosted and reticulated flatwoods salamander conservation-related activities would range between $3.88 million and $6.40 million (at a 3 percent discount rate) and $2.49 million to $4.38 million (at a 7 percent discount rate). Potential impacts are expected to range from $261,000 to $430,000 at 3 percent or $235,000 to $413,000 at 7 percent annually.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl
We, the U.S. Fish and Wildlife Service (Service), are revising currently designated critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). In 1992, we designated critical habitat for the northern spotted owl on 6, 887, 000 acres (ac) (2, 787, 070 hectares (ha)) of Federal lands in California, Oregon, and Washington. In this document we finalize revised critical habitat for the northern spotted owl on a total of approximately 5, 312, 300 acres (ac) (2, 149, 800 hectares (ha)) of Federal lands in California, Oregon, and Washington.
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR, and 747SP Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747 series airplanes. That AD currently requires inspecting to detect cracking in certain lower lobe fuselage skin lap joints, doing repetitive inspections for cracking at certain fastener locations having countersunk fasteners, and replacing countersunk fasteners with protruding head fasteners at certain fastener locations. This new AD requires replacing a previous high-frequency eddy current (HFEC) inspection method with a new HFEC inspection method, adding a one-time inspection for cracking of certain airplanes, and terminating the adjustment factor for the inspection compliance times based on cabin differential pressure. This AD also requires inspecting additional lap joints. This AD results from reports of fuselage skin cracks found at certain countersunk fastener locations in the upper row of lap joints near the wing-to-body fairings, and from a report that the presence of Alodine-coated rivets could cause faulty results during the required inspections using the optional sliding probe HFEC inspection method specified in the existing AD. We are issuing this AD to prevent reduced structural integrity of the fuselage.
Airworthiness Directives; McDonnell Douglas Model DC-8-61, DC-8-61F, DC-8-63, DC-8-63F, DC-8-71F, and DC-8-73F Airplanes
We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model DC-8-61, DC-8-61F, DC-8-63, DC-8-63F, DC-8-71F, and DC-8-73F airplanes. For certain airplanes, this AD requires non- destructive testing (NDT) to detect cracks of the door jamb corners of the forward and aft service doors, and doing applicable related investigative and corrective actions. For certain other airplanes, this AD requires inspecting and repairing if necessary or replacing previously repaired door jamb corners with an applicable repair. This AD results from reports of numerous cases of cracks in the skin at the door jamb corners of the forward and aft service doors. We are issuing this AD to detect and correct fatigue cracking of door jamb corners of the forward and aft service doors, which could adversely affect the structural integrity of the airplane.
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