August 2008 – Federal Register Recent Federal Regulation Documents

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 Prescott Valley Broadcasting Company, Inc. Petitioner proposes the substitution of FM Channel 247B for vacant Channel 239B at Blythe, California. The purpose of the requested channel substitution at Custer is to accommodate Petitioner's pending application to operate as a full-spaced Class C3 channel at Parker, Arizona. Channel 247B can be allotted at Blythe in compliance with the Commission's minimum distance separation requirements with a site restriction of 1 km (.61 miles) northeast of Blythe. The proposed coordinates for Channel 247B at Blythe are 33-37-02 North Latitude and 114-35-20 West Longitude. Concurrence by the Government of Mexico is required for the allotment of Channel 247B at Blythe, California, because the proposed allotment is located within 320 kilometers (200 miles) of the U.S.-Mexican border. See Supplementary Information infra.

The Federal Communications Commission has received Office of Management and Budget (OMB) approval for the following public information collection(s) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number, and no person is required to respond to a collection of information unless it displays a currently valid OMB control number. Comments concerning the accuracy of the burden estimate(s) and any suggestions for reducing the burden should be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section below.

The FHWA is revising its regulation for advance construction of Federal-aid projects by: (a) Removing the restriction that a State must obligate all of its allocated or apportioned funds, or demonstrate that it will use all obligation authority allocated to it for Federal- aid highways and highway safety construction, prior to the approval of advance construction projects; and (b) clarifying that advance construction procedures may be used for all categories of Federal-aid highway funds, and that any available Federal-aid funds for which a project is eligible may be used when a project is converted to a Federal-aid project. These revisions make the regulation consistent with the advance construction statute, which was amended by a provision enacted in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

The proposed project is to reduce surface and ladder fuels on approximately 1,574 acres by constructing fuel breaks, treating planted stands, and prescribed burning between planted stands and fuel breaks. The purpose of the project is to respond to a proposal from the Tule River Tribal Council under the Tribal Forest Protection Act and to reduce the spread of wildland fire starting on the Sequoia National Forest or private lands onto the Tule River Indian Reservation.

Pursuant to the requirements of 5 U.S.C. 4314(c)(4), the Department of Justice announces the membership of its 2008 Senior Executive Service (SES) Standing Performance Review Boards (PRBs). The purpose of a PRB is to provide fair and impartial review of SES performance appraisals, bonus recommendations and pay adjustments. The PRBs will make recommendations regarding the final performance ratings to be assigned, SES bonuses and/or pay adjustments to be awarded.

The Audio Division grants a Petition for Rule Making issued at the request of Katherine Pyeatt, proposing the allotment of Channel 291A at Dilley, Texas, as its fourth local FM aural transmission service. The reference coordinates for vacant Channel 291A at Dilley are 28-36-06 NL and 99-06-21 WL. This site is located 9.6 kilometers (6 miles) southeast of Dilley. This site is located within 320 kilometers of the Mexican border. Although concurrence has been requested for Channel 291A at Dilley, notification has not been received. If a construction permit is granted prior to the receipt of formal concurrence in the allotment by the Mexican government, the construction permit will include the following condition: ``Operation with the facilities specified for Dilley herein is subject to modification, suspension or, termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement.'' Additionally, the new reference coordinates for vacant Channel 289A at Cotulla, Texas are modified to 28-22-00 NL and 99-17-00 WL. This site is located 9.1 kilometers (5.7 miles) southwest of Cotulla. This site is located within 320 kilometers of the Mexican border. Although concurrence has been requested for Channel 289A at Cotulla, notification has not been received. If a construction permit is granted prior to the receipt of formal concurrence in the allotment by the Mexican government, the construction permit will include the following condition: ``Operation with the facilities specified for Cotulla herein is subject to modification, suspension or, termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement.''

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and the scheduling of public hearings on our October 10, 2007, proposed revision to critical habitat for the Peninsular bighorn sheep (Ovis canadensis nelsoni) under the Endangered Species Act of 1973, as amended (Act). In this document, we propose to add approximately 36,240 acres (ac) (14,667 hectares (ha)) to our proposed revision of critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision to critical habitat and amended required determinations. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revisions to critical habitat, the associated DEA, and the amended required determinations section. Please do not resend comments that you submitted on the October 10, 2007, proposed rule. We considered those comments in our revisions to the proposed critical habitat that are set forth in this supplemental proposed rule. Comments previously submitted are included in the public record for this rulemaking.

In this document, we seek comment on changes to the regulatory fee schedule and methodology.

This notice announces four fact-finding informal airspace meetings to solicit information from airspace users and others concerning a proposal to revise the Class B airspace area at Dallas/ Fort Worth, TX. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any revision or issuance of a notice of proposed rulemaking.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 671 acres (ac) (272 hectares (ha)) of land in San Diego County, California, fall within the boundaries of the critical habitat designation.

In accordance with the Federal Advisory Committee Act, the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on the Records of Congress. The committee advises NARA on the full range of programs, policies, and plans for the Center for Legislative Archives in the Office of Records Services.

The U.S. Coast Guard (USCG) will hold a public meeting on issues related to proposed amendments to the Convention of the International Mobile Satellite Organization (IMSO). Background documentation may be found on the Department of State's Web site: https://www.state.gov/e/eeb/cip/imso/.

In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service invites the general public and other public agencies to comment on proposed information collections. The proposed collection is an extension of a currently approved collection for the Special Milk Program for Children.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that northeast smooth skate, South Atlantic red snapper, and Gulf of Mexico gray triggerfish are overfished and that northeast thorny skate is subject to overfishing. NMFS notified the respective regional fishery management councils (Councils) responsible for these fisheries of its determination. The Councils are required to take action within 1 year following notification by NMFS that overfishing is occurring, a stock is approaching overfishing, a stock is overfished, a stock is approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress. In addition, the Secretary has determined that the highly migratory species blacknose shark is overfished and overfishing is occurring.

On March 7, 2008, the Department of Commerce (``the Department'') initiated the third administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering the period January 1, 2007, through December 31, 2007. See Notice of Initiation of Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China, 73 FR 12387 (March 7, 2008) (``Initiation Notice''). Between March 7 and June 5, 2008, several parties withdrew their requests for review. Therefore, the Department is rescinding the administrative review of sales of wooden bedroom furniture with respect to the entities for whom all review requests have been withdrawn.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collections, as required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. 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.

The Food and Drug Administration (FDA) is announcing a public hearing to obtain input regarding over-the-counter (OTC) cough and cold drugs marketed for pediatric use. Many of these nonprescription cough and cold drug products are marketed under the OTC Drug Review, which established a monograph describing the conditions under which certain OTC ingredients are considered to be generally recognized as safe and effective. Recently, safety and efficacy concerns have been raised regarding the pediatric dosing and use of certain active ingredients in OTC cough and cold drug products. FDA is developing a proposed rule to revise the pediatric labeling contained in the Final Monograph for Cough, Cold, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use. At this public hearing, FDA is interested in obtaining public comment about certain scientific, regulatory, and product use issues as it proceeds with the rulemaking and reviews new drug applications (NDAs) for these ingredients. Dates and Times: The public hearing will be held on October 2, 2008, from 8 a.m. to 5 p.m. Location: The public hearing will be held at the Sheraton Washington North Hotel, 4095 Powder Mill Rd., Beltsville, MD 20705.

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.

This notice announces the September 18, 2008, meeting of the Royalty Policy Committee (RPC). Agenda items for the meeting of the RPC will include remarks from the Director, MMS, and the Associate Director, Minerals Revenue Management (MRM); a status report on the Department of Interior's implementation of recommendations from the RPC Subcommittee on Royalty Management; and a presentation on the Royalty in Kind (RIK) Fiscal Year 2007 Annual Report. The agenda also includes a briefing on a recent Office of Inspector General Evaluation of the RIK oil sales process; an update on the MRM Compliance Program; status reports on the rulemakings for Indian Oil Valuation and Advanced Royalty for Coal; and updates from the Oil and Gas Valuation, Oil and Gas Royalty Reporting, and RIK Subcommittees. The RPC membership includes representation from states, Indian Tribes, various mineral interests, the public-at-large (with knowledge and interest in royalty issues), and other Federal departments.

The following applicants filed AM or FM proposals to change the community of license: AMERICAN EDUCATIONAL BROADCASTING, INC., Station KLKA, Facility ID 82692, BPED-20080627ABN, From GLOBE, AZ, To CASA GRANDE, AZ; CHRISTIAN BROADCASTING SYSTEM, LTD., Station WLCM, Facility ID 42076, BMP-20080620AEG, From CHARLOTTE, MI, To HOLT, MI; CITICASTERS LICENSES, L.P., Station WCKY-FM, Facility ID 70526, BPH- 20080619AHQ, From TIFFIN, OH, To PEMBERVILLE, OH; COMMUNITY PUBLIC RADIO, INC., Station WIVL, Facility ID 122086, BMPED-20080703AGV, From PATTERSON, GA, To ATHENS, GA; EDUCATIONAL MEDIA FOUNDATION, Station KQBE, Facility ID 52035, BPH-20080617ADE, From ELLENSBURG, WA, To SELAH, WA; EDUCATIONAL MEDIA FOUNDATION, Station KAIC, Facility ID 78758, BPED-20080627ABL, From TUCSON, AZ, To MAMMOTH, AZ; ELECTRONIC APPLICATIONS RADIO SERVICE, INC., Station WBOO, Facility ID 174726, BMPED-20080702AAK, From MORGANFIELD, KY, To WADESVILLE, IN; FINCH JR, DANIEL W, Station WSGD, Facility ID 165958, BMPH-20080616ADB, From ARNOLDSBURG, WV, To FAYETTEVILLE, WV; FRANDSEN MEDIA COMPANY, LLC, Station KGNT, Facility ID 38274, BPH-20070119AFJ, From FORT BRIDGER, WY, To SMITHFIELD, UT; FRANKLIN COMMUNICATIONS, INC., Station WODB, Facility ID 54556, BPH-20080724AAL, From DELAWARE, OH, To WESTERVILLE, OH; HORIZON CHRISTIAN FELLOWSHIP, Station KHRW, Facility ID 166062, BMPH-20080718AHI, From WRIGHT, WY, To RANCHESTER, WY; JODESHA BROADCASTING, INC., Station KANY, Facility ID 164149, BPH-20080710AJA, From OCEAN SHORES, WA, To MONTESANO, WA; JODESHA BROADCASTING, INC., Station KSWW, Facility ID 60544, BPH-20080710AJE, From MONTESANO, WA, To OCEAN SHORES, WA; M. KENT FRANDSON, Station KNYN, Facility ID 87470, BPH-20070119AEV, From FRANKLIN , ID, To FORT BRIDGER, WY; MAGNUS, EDWARD F, Station NEW, Facility ID 165991, BMPH-20080519ABU, From WISHEK, ND, To LINTON, ND; MARIA E. JUAREZ, Station KDIL, Facility ID 161412, BMP-20080708AFX, From DILLON, MT, To TWIN FALLS, ID; MATINEE RADIO, LLC, Station KANM, Facility ID 164213, BMPH-20071106ABR, From MAGDALENA, NM, To SKYLINE-GANIPA, NM; NEW INSPIRATION BROADCASTING COMPANY, Station KFSH-FM, Facility ID 2195, BPH-20080626ABS, From ANAHEIM, CA, To LA MIRADA, CA; RADIO ONE LICENSES, LLC, Station WWIN- FM, Facility ID 54710, BPH-20080701ACS, From GLEN BURNIE, MD, To ARBUTUS, MD; RADIOACTIVE, LLC, Station WUPZ, Facility ID 164243, BPH- 20080619AIU, From CRYSTAL FALLS, MI, To CHOCOLAY TOWNSHIP, MI; RADIOACTIVE, LLC, Station WTRW, Facility ID 164253, BPH-20080716AGZ, From TWO RIVERS, WI, To GLENMORE, WI; RADIOJONES, LLC, Station WXRS-FM, Facility ID 36212, BPH-20080724AAT, From SWAINSBORO, GA, To PORTAL, GA; ROGER L. HOPPE, II, Station KLIM, Facility ID 25185, BMP-20080613ACF, From LIMON, CO, To BLACK FOREST, CO; SAGA COMMUNICATIONS OF ILLINOIS, LLC, Station WXTT, Facility ID 28195, BPH-20080811AAS, From DANVILLE, IL, To SAVOY, IL; SKYWEST MEDIA L.L.C., Station KXML, Facility ID 164259, BMPH-20080411AHN, From SALMON, ID, To FAIRFIELD, ID; SUN VALLEY RADIO, INC, Station KKEX, Facility ID 63834, BPH-20070119AFG, From SMITHFIELD, UT, To PRESTON, ID; TEAM RADIO LLC, Station KLOR-FM, Facility ID 52678, BPH-20080708AOL, From PONCA CITY, OK, To CHENEY, KS; THE ST. LAWRENCE UNIVERSITY, Station WXLQ, Facility ID 176918, BMPED- 20080813ABE, From VERGENNES, VT, To BRISTOL, VT; TICHENOR LICENSE CORPORATION, Station KPTI, Facility ID 479, BPH-20080711AEC, From CRYSTAL BEACH, TX, To WINNIE, TX; WAMC, Station WRUN, Facility ID 73969, BP-20060202AAI, From UTICA, NY, To NEW HARTFORD, NY; WHITE PARK BROADCASTING, INC., Station KHNA, Facility ID 166001, BMPH-20070117AFI, From HANNA, WY, To WARREN AIR FORCE BASE, WY; XANA DUKE RADIO PARTNERS, LLC, Station KZID, Facility ID 88203, BMPH-20080116AAX, From OROFINO, ID, To CULDESAC, ID.

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.

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.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for stainless steel clad reinforcing bars used in certain Federal-aid construction projects in Virginia.