August 25, 2008 – Federal Register Recent Federal Regulation Documents

Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Gulf of Alaska
Document Number: E8-19665
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the Commerce Secretary's approval of Amendment 79 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). Amendment 79 amends the FMP and requires the North Pacific Fishery Management Council (Council) to recommend an aggregate overfishing level and acceptable biological catch for the ``other species'' category in the Gulf of Alaska as part of the annual groundfish harvest specifications process. The ``other species'' category in the Gulf of Alaska consists of sharks, sculpins, squid, and octopus. Amendment 79 is necessary to allow the Council and NMFS to incorporate the best and most recent scientific and socioeconomic information for the specification of the ``other species'' total allowable catch, acceptable biological catch, and overfishing level. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.
FDA Regulations; Technical Amendment
Document Number: E8-19654
Type: Rule
Date: 2008-08-25
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending a regulatory hearing process regulation to correct an inaccurate citation, and regulations pertaining to biological products to correct two typographical errors. FDA is also amending certain medical device regulations to include references to and mailing address information for the Center for Biologics Evaluation and Research (CBER), Center for Drug Evaluation and Research (CDER), and Center for Devices and Radiological Health (CDRH). This action is being taken to ensure the accuracy of FDA's regulations.
Claims Against the Government Under the Federal Tort Claims Act
Document Number: E8-19642
Type: Rule
Date: 2008-08-25
Agency: Peace Corps, Agencies and Commissions
The Peace Corps is revising its regulation concerning claims filed under the Federal Tort Claims Act, to make the regulation internally consistent with another provision stating that the Chief Financial Officer has authority to approve claims for amounts under $5000.
Entry Requirements for Certain Softwood Lumber Products Exported From Any Country Into the United States
Document Number: E8-19641
Type: Rule
Date: 2008-08-25
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection, Department of Treasury
This document sets forth interim amendments to title 19 of the Code of Federal Regulations (CFR) that prescribe special entry requirements applicable to certain softwood lumber and softwood lumber products exported from any country into the United States. The softwood lumber and softwood lumber products subject to these interim entry requirements are those described in section 804(a) within Title VIII (Softwood Lumber Act of 2008 or ``the Act'') of the Tariff Act of 1930, as added by section 3301 of Title III, Subtitle D, of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, enacted June 18, 2008). Within Title VIII, section 803 requires the President to establish and maintain an importer declaration program with respect to the importation of certain softwood lumber and softwood lumber products and prescribes special entry requirements whereby importers must submit the export price, estimated export charge, if any, and an importer declaration with the entry summary. There are also new recordkeeping requirements applicable to certain imports of softwood lumber home packages and kits which are subject to declaration requirements, but which are not subject to the softwood lumber importer declaration program of section 803 of the Act. These interim amendments set forth the procedural and documentation requirements necessary to implement the entry requirements specified in the statute.
First Sale Declaration Requirement
Document Number: E8-19640
Type: Rule
Date: 2008-08-25
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection, Department of Treasury
This document establishes an importer declaration requirement pursuant to section 15422(a) of the Food, Conservation, and Energy Act of 2008 to assist Customs and Border Protection (CBP) in gathering information for all goods entered for consumption or withdrawn from warehouse for consumption on the transaction valuation of goods imported into the United States. Effective for a one-year period beginning August 20, 2008, all importers will be required to provide a declaration to CBP at the time of filing a consumption entry when, in a series of sequential sales, the transaction value of the imported merchandise is determined on the basis of the ``first or earlier sale'' of goodsthe first sale in which the goods are ``sold for exportation to the United States'' or any other sale earlier than the last sale prior to the introduction of the merchandise into the United States. CBP will then report the frequency of the use of the ``first sale'' rule and other associated data to the International Trade Commission (ITC) on a monthly basis.
Brucellosis in Cattle; State and Area Classifications; Texas
Document Number: E8-19624
Type: Rule
Date: 2008-08-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Texas from Class A to Class Free. We determined that Texas meets the standards for Class Free status. The interim rule relieved certain restrictions on the interstate movement of cattle from Texas.
Natural Resources Defense Council; Receipt of Petition for Rulemaking; Reopening of Public Comment Period
Document Number: E8-19609
Type: Proposed Rule
Date: 2008-08-25
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On May 27, 2008 (73 FR 30321), the Nuclear Regulatory Commission (NRC) published for public comment a notice of receipt of a petition for rulemaking, dated March 24, 2008, which was filed with the Commission by Thomas B. Cochran and Matthew G. McKinzie on behalf of the Natural Resources Defense Council. The petition was docketed by the NRC on April 3, 2008, and has been assigned Docket No. PRM-50-90. On August 4 and August 6, 2008, several external stakeholder groups requested a 45 day extension of the public comment period owing to the details provided in the initial petition, short initial comment period, importance of the rulemaking, and the need for directly impacted stakeholders to provide substantive comments to the rulemaking process. The NRC is reopening the comment period on the petition for an additional 45 days from the original August 11, 2008 deadline. The comment period closes on September 25, 2008.
Regulations Enabling Elections for Certain Transactions Under Section 336(e)
Document Number: E8-19603
Type: Proposed Rule
Date: 2008-08-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations under section 336(e) of the Internal Revenue Code. These proposed regulations, when finalized, would permit taxpayers to make an election to treat certain sales, exchanges, and distributions of another corporation's stock as taxable sales of that corporation's assets. These proposed regulations will affect corporations and their shareholders.
Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns; Correction
Document Number: E8-19598
Type: Proposed Rule
Date: 2008-08-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to a notice of proposed rulemaking (REG-155087-05) that was published in the Federal Register on Tuesday, July 29, 2008 (73 FR 43890) relating to credits and payments for alcohol mixtures, biodiesel mixtures, renewable diesel mixtures, alternative fuel mixtures, and alternative fuel sold for use or used as a fuel, as well as proposed regulations relating to the definition of gasoline and diesel fuel. These regulations reflect changes made by the American Jobs Creation Act of 2004, the Energy Policy Act of 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, and the Tax Technical Corrections Act of 2007. These regulations affect producers of alcohol, biodiesel, and renewable diesel; producers of alcohol, biodiesel, renewable diesel, and alternative fuel mixtures; sellers and users of alternative fuel; and certain persons liable for the tax on removals, entries, or sales of gasoline or diesel fuel.
Nonforeign Area Cost-of-Living Allowances; 2007 Interim Adjustments: Alaska and Puerto Rico
Document Number: E8-19592
Type: Proposed Rule
Date: 2008-08-25
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is proposing to change the cost-of-living allowance (COLA) rates received by certain white-collar Federal and U.S. Postal Service employees in Anchorage, Fairbanks, and Juneau, Alaska, and in Puerto Rico. The proposed rate changes are the result of interim adjustments OPM calculated based on relative Consumer Price Index differences between the COLA areas and the Washington, DC, area. The proposed regulations would reduce the COLA rates for Anchorage, Fairbanks, and Juneau by 1 percentage point and would increase the rate for Puerto Rico by 1 percentage point.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: E8-19578
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 meters (m)) length overall (LOA) using hook-and-line gear to the B season allocation for vessels using jig gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2008 total allowable catch (TAC) of Pacific cod to be harvested.
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea and Aleutian Islands Management Area
Document Number: E8-19576
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2008 total allowable catch (TAC) of Greenland turbot in the Bering Sea subarea of the BSAI has been reached.
Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa
Document Number: E8-19519
Type: Rule
Date: 2008-08-25
Agency: Environmental Protection Agency
EPA is approving a revision to the Iowa State Implementation Plan (SIP) and Operating Permits Program submitted by the state of Iowa for the purpose of modifying and clarifying requirements for certain types of grain elevators. Specifically, the new rule revises the SIP to add special requirements for grain elevators, and the associated chapters for definitions and emission standards will be revised accordingly. The Iowa Department of Natural Resources (IDNR) is requiring that owners or operators of grain elevators apply best management practices and comply with the fugitive dust standard, as well as emission controls specified in required construction permits. These strategies will protect the ambient air and minimize the impact of emissions from each of the facilities.
Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa
Document Number: E8-19518
Type: Proposed Rule
Date: 2008-08-25
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) and Operating Permits Program revision submitted by the state of Iowa for the purpose of modifying and clarifying requirements for certain types of grain elevators. Specifically, the new rule revises the SIP to add special requirements for grain elevators, and the associated chapters for definitions and emission standards will be revised accordingly. The Iowa Department of Natural Resources is requiring that owners or operators of grain elevators apply best management practices and comply with the fugitive dust standard, as well as emission controls specified in required construction permits. These strategies will protect the ambient air and minimize the impact of emissions from each of the facilities.
Federal Management Regulation; FMR Case 2003-102-1; Mail Management
Document Number: E8-19506
Type: Rule
Date: 2008-08-25
Agency: General Services Administration, Agencies and Commissions
The General Services Administration is amending the Federal Management Regulation (FMR) by revising the current mail management policy. This final rule incorporates changes made to the current interim rule.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Attainment of Fine Particle Standard
Document Number: E8-19421
Type: Rule
Date: 2008-08-25
Agency: Environmental Protection Agency
EPA is determining that the Harrisburg-Lebanon-Carlisle, Pennsylvania nonattainment area for the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS.
Electronic Payment of Fees for Outer Continental Shelf Activities
Document Number: E8-19373
Type: Rule
Date: 2008-08-25
Agency: Department of the Interior, Minerals Management Service
This final rule requires that all lessees, operators, permittees, and right-of-way holders pay all fees for processing plans, applications, and permits electronically. This rule will aid industry in payment processing and reduce payment processing errors. This rule will improve MMS processing efficiency and facilitate the correction of industry payment errors. The MMS will not accept checks, money orders, or cashier's checks for payment of fees after the effective date of this final rule. The final rule also adjusts certain cost recovery fees for inflation.
Modification of Area Navigation Route Q-110 and Jet Route J-73; Florida
Document Number: E8-19276
Type: Rule
Date: 2008-08-25
Agency: Federal Aviation Administration, Department of Transportation
This action corrects a final rule published in the Federal Register on July 30, 2008; Airspace Docket No. 07-ASO-27, FAA Docket No. FAA-2008-0187. In that rule, an error was made in the navigation aid radials stated in the description for jet route J-73. This action corrects that error. The description of area navigation route Q-110 is correct as published in the rule.
Energy Conservation Program for Commercial and Industrial Equipment: Energy Conservation Standards for Commercial Ice-Cream Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and Commercial Refrigerator-Freezers Without Doors; and Remote Condensing Commercial Refrigerators, Commercial Freezers, and Commercial Refrigerator-Freezers
Document Number: E8-19063
Type: Proposed Rule
Date: 2008-08-25
Agency: Department of Energy
The Energy Policy and Conservation Act prescribes energy conservation standards for certain commercial and industrial equipment, and requires the Department of Energy (DOE) to administer an energy conservation program for this equipment. In this notice, DOE is proposing new energy conservation standards for commercial ice-cream freezers; self-contained commercial refrigerators, commercial freezers, and commercial refrigerator-freezers without doors; and remote condensing commercial refrigerators, commercial freezers, and commercial refrigerator-freezers. DOE is also announcing a public meeting on its proposed standards.
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