August 14, 2008 – Federal Register Recent Federal Regulation Documents
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National Transit Database: Natural Disaster Adjustments for Urbanized Area Apportionments
This notice provides interested parties with the opportunity to comment on the Federal Transit Administration's (FTA) National Transit Database (NTD) proposed new policy on natural disaster adjustments to NTD data. If a transit provider suffers a marked decrease in transit service due to a natural disaster, FTA proposes to allow that transit provider to be ``held harmless'' in the apportionment of formula grants for urbanized areas. In this case, FTA would use the transit provider's data from the NTD report year before the natural disaster in the apportionment, but use data from the current NTD report year for all other transit providers. Under this proposed policy, FTA would only make this adjustment upon the request of the affected transit provider or the designated recipient for the urbanized area, and FTA would grant this request at its discretion based on the disaster's demonstrated severity and impacts. FTA proposes for this policy to take effect for the 2007 NTD Report Year, which is the data to be used in the FY 2009 apportionment of formula grants for urbanized areas.
Use of a Multi-Stage Discounted Cash Flow Model in Determining the Railroad Industry's Cost of Capital
The Board proposes to use a multi-stage Discounted Cash Flow (DCF) model to complement its use of the Capital Asset Pricing Model (CAPM) in determining the cost-of-equity component of the railroad industry's cost of capital.
Andean Trade Preference Act (ATPA); Notice Regarding the 2008 Annual Review
This notice announces the 2008 Annual Review of the Andean Trade Preference Act (ATPA). Under this process petitions may be filed calling for the limitation, withdrawal or suspension of ATPA or ATPDEA benefits by presenting evidence that the eligibility criteria of the program are not being met. USTR will publish a list of petitions filed in response to this announcement in the Federal Register.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area; Correction
On July 30, 2008, NMFS published a revised Table 4 that reallocated Atka mackerel from the 2008 incidental catch allowance to the B season allowance for the Amendment 80 cooperative in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). Table 4 of that document contains the final 2008 and 2009 BSAI Atka mackerel allocations. That table contained inadvertent calculation errors that are corrected in this rule.
Fisheries in the Western Pacific; Crustacean Fisheries; Deepwater Shrimp
NMFS announces that the Western Pacific Fishery Management Council proposes to amend the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region (Crustaceans FMP). If approved by the Secretary of Commerce, Amendment 13 to the Crustaceans FMP would designate deepwater shrimp of the genus Heterocarpus as management unit species, and require Federal permits and data reporting for deepwater shrimp fishing in Federal waters of the western Pacific. Amendment 13 is intended to improve information on deepwater shrimp fisheries and their ecosystem impacts, and to provide a basis for future management of the fisheries, if needed.
Steel Wire Garment Hangers from the People's Republic of China: Final Determination of Sales at Less Than Fair Value
On March 25, 2008, the Department of Commerce (``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of steel wire garment hangers (``hangers'') from the People's Republic of China (``PRC''). On April 14, 2008, the Department published its amended preliminary determination. The period of investigation (``POI'') is January 1, 2007, to June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.
Notice of Final Determination of Sales at Less Than Fair Value and Termination of Critical- Circumstances Investigation: Electrolytic Manganese Dioxide from Australia
The Department of Commerce determines that imports of electrolytic manganese dioxide from Australia are being, or are likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average dumping margins are listed below in the section entitled ``Final Determination of Investigation.''
Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number.
Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number.
Amendment to the International Traffic in Arms Regulations: The United States Munitions List Category VIII
The Department of State is amending the text of the International Traffic in Arms Regulations (ITAR), Part 121 to add language clarifying how the criteria of Section 17(c) of the Export Administration Act of 1979 (``EAA'') are implemented in accordance with the Department of State's obligations under the Arms Export Control Act (``AECA''), and restating the Department's longstanding policy and practice of implementing the criteria of this provision.
Office of Small and Disadvantaged Business Utilization (OSDBU); Notice of Request for Renewal of Data Collection by the Office of Small and Disadvantaged Business Utilization's (OSDBU) Regional Small Business Transportation Resource Centers (SBTRCs)
The Office of Small and Disadvantaged Business Utilization (OSDBU) invite the public to comment about our intention to request the Office of Management and Budget's (OMB) approval to renew information collection forms, associated with OSDBU. The collection involves the use of the Regional Center Intake Form, (DOT F 4500) which documents the type of assistance provided to each small business that is enrolled in the program. The use of the Regional Resource Center Monthly Report Form, (DOT F 4502) will highlight activities, such as counseling, marketing, meetings/conferences, and services to businesses as completed during the month. The information will be used to ascertain whether the program is providing services to its constituency, the small business community, in a fair and equitable manner. The information collected is necessary to determine whether small businesses are participating in DOT funded and DOT assisted opportunities with the DOT. The Counseling Information Form, (DOT F 4640.1) has been eliminated and the information contained in that form is now consolidated into the Regional Resource Center Monthly Report Form (formerly titled Monthly Report of Operations Form). To eliminate duplication and to streamline the data collection process, OSDBU revised the Monthly Report of Operations Form into the Regional Resource Center Monthly Report Form. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. On June 26, 2008, OSDBU published a 60-day notice in the Federal Register (73 FR 36368) Docket OST-2008-0182, informing the public of OSDBU's intention to extend an approved information collection.
Agency Information Collection Activities; Proposed Collection; Comment Request; Risk Management Program Requirements and Petitions To Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (CAA).; EPA ICR No. 1656.13; OMB Control No. 2050-0144
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on January 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Clean Water Act Section 303(d): Final Agency Action on 27 Arkansas Total Maximum Daily Loads (TMDLs)
This notice announces the final agency action on 27 TMDLs established by EPA Region 6 for waters listed in the State of Arkansas, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. LR-C-99-114. Documents from the administrative record files for the final 27 TMDLs, including TMDL calculations may be viewed at www.epa.gov/region6/water/npdes/tmdl/index.htm.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as Amended; Midway Village/Bayshore Park Site
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 2005-18) pursuant to Section 122(h) of CERCLA concerning the Midway Village/Bayshore Park Site (the ``Site''), located in Daly City, San Mateo County, California. The settling parties to the Agreement include Pacific Gas & Electric Company (``PG&E''), the U.S. Department of Housing and Urban Development (``HUD''), and the U.S. Navy (``the Navy''). Through the proposed Agreement, PG&E will reimburse the United States $12,596.30 and HUD and the Navy will reimburse the United States $113,366.66 in response costs incurred at a portion of the Site. The Agreement provides the settling parties with a covenant not to sue for these past response costs, but does not limit EPA's ability to pursue the settling parties for future costs or for past response costs incurred at the portion of the Site not covered in the Agreement. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.
Tentative Approval and Solicitation of Request for a Public Hearing for Public Water Supply Supervision Program Revision for the Commonwealth of Puerto Rico
Notice is hereby given that the Commonwealth of Puerto Rico is revising its approved Public Water Supply Supervision Program. The EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, the EPA intends to approve these program revisions. All interested parties may request a public hearing.
Sole Source Aquifer Designation of Conanicut Island, Narragansett Bay, RI
The Regional Administrator of Region I of the Environmental Protection Agency (EPA) has determined, pursuant to section 1424(e) of the Safe Drinking Water Act, that the aquifer system that underlies Conanicut Island, Rhode Island is the sole or principal source of drinking water for this area and if the aquifer system were contaminated would create a significant hazard to public health. As a result of Sole Source Aquifer (SSA) designation, federal financially- assisted projects over the designated aquifer area will be subject to EPA review to ensure that these projects are designed and constructed so that they do not contaminate this aquifer so as to create a significant hazard to public health.
Conference Call of the Total Coliform Rule Distribution System Advisory Committee-Notice of Public Conference Call
Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a conference call of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this conference call is to discuss the Total Coliform Rule (TCR) revision and information about distribution systems issues that may impact water quality. The TCRDSAC advises and makes recommendations to the Agency on revisions to the TCR, and on what information should be collected, research conducted, and/or risk management strategies evaluated to better inform distribution system contaminant occurrence and associated public health risks. During this conference call the TCRDSAC will continue the Committee's discussions related to revisions to the draft Agreement in Principle (AIP), which includes recommended revisions to the TCR and recommendations for research and information collection to better understand and address possible public health impacts from potential degradation of drinking water quality in the distribution system.
Cibola National Forest, Mount Taylor Ranger District, NM, Designation of the Proposed Rinconada Communication Site
The Cibola National Forest will prepare an environmental impact statement to assess the designation and development of the proposed Rinconada Communication Site on the Mt. Taylor Ranger District. The Forest Service proposes to designate a three-acre Rinconada Communication Site that would serve present and future high power communication needs, and to permit the development of a facility within the site.
Environmental Assessment: Jefferson County, IN and Trimble County, KY
The Federal Highway Administration (FHWA) is issuing this notice to advise the public that FHWA will prepare an Environmental Assessment (EA) to determine the need and feasibility of improvements to the Ohio River Crossing along U.S. 421 in Jefferson County, Indiana and Trimble County, Kentucky. This project will adhere to the requirements of section 6002 of SAFETEA-LU. The existing bridge connects the historic communities of Milton, Kentucky and Madison, Indiana. The objectives of this study are to assess the feasibility of rehabilitating or replacing the bridge, as well as other alternatives, for improving safety and mobility in the general project vicinity. Comments on the scope of the EA for the proposed project should be forwarded no later than September 12, 2008.
Notice of Availability of the Record of Decision for the Lower Duchesne River Wetlands Mitigation Project (LDWP), Duchesne and Uintah Counties, UT
On May 22, 2008, the Utah Reclamation Mitigation and Conservation Commission (Commission) selected the Proposed Action presented in the Final Environmental Impact Statement (FEIS), Lower Duchesne River Wetlands Mitigation Project (LDWP), April 2008. The Record of Decision (ROD) for that action is available as described below. The LDWP is required to mititate for impacts of the Bonneville Unit of the Central Utah Project and to fulfill other commitments to the Ute Indian Tribe made as part of the Central Utah Project. The U.S. Department of the InteriorCentral Utah Project Completion Act Office, and the Commission were joint-lead agencies for the FEIS, and the Ute Indian Tribe was the lead planning partner. The LDWP FEIS addresses potential impacts related to construction and operation of features proposed for the LDWP and incorporates responses to public comments received on the Draft EIS. Based on the information and analyses in the FEIS and other relevant information, the Commission determined the Proposed Action responds best to LDWP needs and purposes and does so in an environmentally sound manner with least potential for adverse effects on social and economic resources.
Meeting of the President's Council on Bioethics
The President's Council on Bioethics (Edmund D. Pellegrino, MD, Chairman) will hold its thirty-fourth meeting, at which it will discuss its projected white paper on ethical questions in medical care reform as well as hear and discuss presentations on two additional topics, i.e., exercises of conscience in the practice of the health professions and futility in clinical judgments at the end of life. Subjects discussed at past Council meetings (although not on the agenda for the September 2008 meeting) include: Therapeutic and reproductive cloning, assisted reproduction, reproductive genetics, neuroscience, aging retardation, organ transplantation, personalized medicine, and lifespan-extension. Publications issued by the Council to date include: Human Cloning and Human Dignity: An Ethical Inquiry (July 2002); Beyond Therapy: Biotechnology and the Pursuit of Happiness (October 2003); Being Human: Readings from the President's Council on Bioethics (December 2003); Monitoring Stem Cell Research (January 2004), Reproduction and Responsibility: The Regulation of New Biotechnologies (March 2004), Alternative Sources of Human Pluripotent Stem Cells: A White Paper (May 2005), Taking Care: Ethical Caregiving in Our Aging Society (September 2005), and Human Dignity and Bioethics: Essays Commissioned by the President's Council on Bioethics (March 2008). Reports are forthcoming on three topics: Controversies in the determination of death; organ donation, procurement, allocation, and transplantation; and newborn screening.
Extension of the Designation of Sudan for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries
This Notice announces that the Secretary of Homeland Security has extended the designation of Sudan for temporary protected status (TPS) for 18 months, from its current expiration date of November 2, 2008 through May 2, 2010. This Notice also sets forth procedures necessary for nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) with TPS to re-register with U.S. Citizenship and Immigration Services (USCIS) and to apply for an extension of their employment authorization documents (EADs) for the additional 18-month period. Re-registration is limited to persons who have previously registered for TPS under the designation of Sudan and whose applications have been granted or remain pending. Certain nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security (DHS) recognizes the possibility that all re-registrants may not receive new EADs until after their current EADs expire on November 2, 2008. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of Sudan for six months, through May 2, 2009, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. USCIS will issue new EADs with the May 2, 2010 expiration date to eligible TPS beneficiaries who timely re-register and apply for EADs.
Meeting of the Mobile Sources Technical Review Subcommittee
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in September 2008. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobile_ sources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank e-mail to lists- mstrs@lists.epa.gov.
Revision of Patent Fees for Fiscal Year 2009
The United States Patent and Trademark Office (Office) is adjusting certain patent fee amounts for fiscal year 2009 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business. In addition, the Office is correcting the addresses for maintenance fee payments and correspondence, and deposit account replenishments.
Meeting of the Central California Resource Advisory Council Off-Highway Vehicle Subcommittee
In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Central California Resource Advisory Council Off-Highway Vehicle (OHV) Subcommittee will meet as indicated below.
Agency Information Collection Activities: Extension of a Currently Approved Information Collection
The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE), has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on March 26, 2008, Vol. 73, No. 59 16035, and on June 2, 2008, Vol. 73, No. 106 31499. This document contains corrections to certain portions of those notices that were published erroneously.
Notice of Intent To Grant an Exclusive Patent License
Pursuant to the provisions of Part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces its intention to grant Parhelion Labs, Incorporated in the State of California, having a place of business at 1660 S. Amphlett Blvd., Suite 350, San Mateo, California 94402, an exclusive license in any right, title and interest the Air Force has in:
Undersecretary of the Air Force, National Security Space Office; Positioning, Navigation, and Timing Architecture Industry Day To Inform Industry of the National Positioning, Navigation, and Timing Architecture and Planning by the Government for Transition to the Architecture
The NSSO, in conjunction with the Department of Transportation Research and Innovative Technology Administration (DOT/RITA) and the Office of the Assistant Secretary of Defense for Networks and Information Integration (OASD(NII)) will be conducting an Industry Day presentation to introduce the National Positioning, Navigation, and Timing (PNT) Architecture and to discuss architecture transition planning.
Airworthiness Directives; Pratt & Whitney (P&W) PW4000 Series 94-Inch Fan Turbofan Engines
The FAA proposes to adopt a new airworthiness directive (AD) for P&W PW4052, PW4056, PW4060, PW4062, PW4152, PW4156A, PW4158, PW4460, and PW4462 turbofan engines. This proposed AD would require a onetime visual inspection of all EEC-131 model electronic engine controls (EECs). This proposed AD would require the EECs to be identified, categorized by group number, marked, and replaced using a fleet management plan. This proposed AD results from a report of an uncommanded engine in-flight shutdown due to defective EEC pulse width modulator (PWM) microcircuits. We are proposing this AD to prevent uncommanded in-flight engine shutdowns which could result in loss of thrust and prevent continued safe flight or landing.
Gulf Crossing Pipeline Company, LLC; Gulf South Pipeline Company LP; Federal Energy Regulatory Commission (FERC), Docket Nos. CP07-398-000, CP07-398-001, CP07-399-000, CP07-400-000, CP07-401-000, CP07-402-000, CP07-403-000, FERC EIS 0218F; March 21, 2008
Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, has decided to subordinate its rights, acquired under the Wetland Reserve Program (WRP), to allow the Gulf Crossing Pipeline Company, LLC to cross NRCS held conservations easements associated with the Gulf Crossing Project in Madison Parish, LA and Fannin, Texas. On June 19, 2007, Gulf Crossing Pipeline Company LLC (Gulf Crossing) and Gulf South Pipeline Company LP (Gulf South) jointly filed an application under section 7C of the Natural Gas Act (NGA) for authorization to construct and operate facilities to be known as the Gulf Crossing Project which constitutes four compressor stations and an interstate natural gas pipeline. The Federal Energy Regulatory Commission (FERC) has prepared a final environmental impact statement (EIS) to fulfill requirements of the National Environmental Policy Act (NEPA). The purpose of this document was to make public the analysis of the environmental impacts that would likely result from the construction and operation of the proposed project. The NRCS participated as a cooperating agency in the preparation of the EIS. The project will affect approximately three (3) NRCS held Wetlands Reserve Program (WRP) easements by creating a 50 ft. permanent right of way (within a 100 ft. construction right of way) that extends for approximately 356.3 miles of which 4.6 miles is over lands encumbered under WRP easements located in Madison, Louisiana and Fannin, Texas.
Solicitation of Proposals and Applications for the FY 2008 Supplemental Appropriations Disaster Relief Opportunity Pursuant to Act of June 30, 2008, Public Law 110-252, 122 Stat. 2323 (2008)
Pursuant to section 703 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3233), EDA announces general policies and application procedures for the FY 2008 Supplemental Appropriations Disaster Relief Opportunity. This investment assistance will help devise long-term economic redevelopment strategies and carry out implementation activities and public works projects to address economic development challenges in regions impacted by the Midwest storms and floods or other recent natural disasters.
Notice of Intent To Seek Approval To Conduct an Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to seek approval to conduct two new information collections, the 2008 On-Farm Renewable Energy Production Survey and the 2008 Organic Production and Marketing Survey.
Medical Devices; Radiology Devices; Reclassification of Bone Sonometers
The Food and Drug Administration (FDA) is correcting a final rule that appeared in the Federal Register of July 17, 2008 (73 FR 40967). The final rule reclassified bone sonometer devices from class III into class II, subject to special controls. The document contained an inadvertent error regarding the impact of the final rule on small businesses. This document corrects that error.
Special Local Regulation; Cape Fear Dragon Boat Festival, Wilmington, NC
The Cape Fear Dragon Boat Festival will take place on the Cape Fear River in Wilmington, North Carolina on September 27, 2008. This event will consist of four 45 foot long Dragon boats racing a 250 meter course.
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