August 2008 – Federal Register Recent Federal Regulation Documents

The FAA is superseding an existing airworthiness directive (AD), which applies to certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That AD currently requires replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with non-conductive hoses. This new AD adds airplanes to the applicability of the existing AD. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane.

We are revising the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs to implement changes arising from our continuing experience with these systems, and to implement certain provisions made by the Deficit Reduction Act of 2005, the Medicare Improvements and Extension Act, Division B, Title I of the Tax Relief and Health Care Act of 2006, the TMA, Abstinence Education, and QI Programs Extension Act of 2007, and the Medicare Improvements for Patients and Providers Act of 2008. In addition, in the Addendum to this final rule, we describe the changes to the amounts and factors used to determine the rates for Medicare hospital inpatient services for operating costs and capital-related costs. These changes are generally applicable to discharges occurring on or after October 1, 2008. We also are setting forth the update to the rate-of-increase limits for certain hospitals and hospital units excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The updated rate-of-increase limits are effective for cost reporting periods beginning on or after October 1, 2008. In addition to the changes for hospitals paid under the IPPS, this document contains revisions to the patient classifications and relative weights used under the long-term care hospital prospective payment system (LTCH PPS). This document also contains policy changes relating to the requirements for furnishing hospital emergency services under the Emergency Medical Treatment and Labor Act of 1986 (EMTALA). In this document, we are responding to public comments and finalizing the policies contained in two interim final rules relating to payments for Medicare graduate medical education to affiliated teaching hospitals in certain emergency situations. We are revising the regulatory requirements relating to disclosure to patients of physician ownership or investment interests in hospitals and responding to public comments on a collection of information regarding financial relationships between hospitals and physicians. In addition, we are responding to public comments on proposals made in two separate rulemakings related to policies on physician self-referrals and finalizing these policies.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are extending the comment period on a proposed rule that would revise the Abandoned Mine Land (AML) program. The proposed rule would revise our regulations to be consistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended by the Tax Relief and Health Care Act of 2006, Public Law 109-432, signed into law on December 20, 2006.

The FAA is correcting amendatory language and regulatory text regarding one paragraph of the final rule entitled ``Modification of Certain Medical Standards and Procedures and Duration of Certain Medical Certificates''. The rule extends the duration of first- and third-class medical certificates for certain individuals. The FAA intended to revise an entire paragraph of the section entitled ``Duration of a medical certificate''; however, the amendatory language incorrectly indicates that only one paragraph is being revised.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a new system of records entitled the ``Immigration and Customs Enforcement (ICE) Pattern Analysis and Information Collection (ICEPIC) System'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ICEPIC system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

On July 23, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 42755. The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for Alameda County, California. Specifically, it addresses Castro Valley Creek (Line J).

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

The Coast Guard proposes establishment of four safety zones to protect infrastructure and marine traffic from the hazards associated with recurring space vehicle launches from Cape Canaveral Air Force Station (CCAFS). The safety zones extend from the shoreline to points approximately 12 nautical miles offshore and will only be activated and enforced during pre-launch hours and terminate approximately 15 minutes after a successful launch. This action is necessary to protect marine traffic from the hazards associated with the launching of space vehicles; expedite notification to the public of such launches and also reduce the administrative workload of the Coast Guard.

The Food and Drug Administration (FDA) is extending to November 1, 2008, the comment period for the order of prohibition. FDA is also delaying the effective date of this final rule to November 30, 2008. In the final rule, FDA requested comments on the document. The agency is taking this action in response to requests for an extension to allow additional time to submit comments.

The Federal Aviation Administration (FAA) is amending the One- Engine-Inoperative (OEI) rating definitions and type certification standards for 30-second OEI, 2-minute OEI, and 30-minute OEI ratings for rotorcraft turbine engines. This action revises the ratings' standards to reflect recent analyses of the ratings' use and lessons learned from completed engine certifications and service experience. This rule harmonizes FAA type certification standards for these ratings with the requirements of the European Aviation Safety Agency in the Certification Specifications for Engines and with proposed requirements for Transport Canada Civil Aviation, thus simplifying airworthiness approvals for import and export.

This final rule amends 49 CFR part 544, Insurer Reporting Requirements. This Part specifies the requirements for annual insurer reports and lists in appendices those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices must file three copies of its report for the 2005 calendar year before October 25, 2008. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25.

This interim final rule amends regulations regarding incoming parental abduction cases pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. Incoming cases will be processed by the United States Central Authority (USCA), the Office of Children's Issues in the Bureau of Consular Affairs within the U.S. Department of State or an entity designated by the USCA.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing Amendment 2 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). This final rule sets forth the effective date of the collection-of- information requirements.

NMFS closes the commercial fishery for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined that the quota for the commercial fishery for golden tilefish will have been reached by August 17, 2008. This closure is necessary to protect the golden tilefish resource.

NMFS is prohibiting retention of thornyhead rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2008 total allowable catch (TAC) of thornyhead rockfish in the Western Regulatory Area of the GOA has been reached.

The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2008-09 migratory bird hunting season.

The Board of Governors of the Federal Reserve System (Board) is proposing amendments to Subpart A of Regulation S, which implements the requirement under the Right to Financial Privacy Act (RFPA) that the Board establish the rates and conditions under which payment shall be made by a government authority to a financial institution for assembling or providing financial records pursuant to RFPA. These proposed amendments update the fees to be charged and take account of recent advances in electronic document productions.

The Commission is adding the Postal Service's Express Mail Contract 1 to the competitive product list. This action is consistent with changes in a recent law governing postal operations. Re- publication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

The Food and Drug Administration (FDA) is adopting as a final rule, without change, the provisions of the interim final rule (IFR) that amended the regulation authorizing a health claim on soluble fiber from certain foods and risk of coronary heart disease (CHD), to add barley betafiber as an additional eligible source of beta-glucan soluble fiber. FDA is taking this action to complete the rulemaking initiated with the IFR.

The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the Cincinnati branch office of the Federal Reserve Bank of Cleveland and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.

We are adopting a new airworthiness directive (AD) for the PZL Swidnik S. A. (PZL) Model W-3A helicopters. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI states: ``In PZL W-3A helicopter S/N 37.07.05, and previously also in the PZL W-3AS model helicopters, leakage was found in the pipe 37.59.006.00.00 installed in the pressure line of hydraulic system 2, in the part between the hydraulic block and the ground hydraulic unit panel. The hydraulic system in the part between hydraulic blocks and the ground hydraulic unit panel is used only during periodical inspections, for the performance of which it is required to use the hydraulic power unit. This condition, if not corrected, could result in a fire hazard.'' The actions specified in this AD are intended to prevent this unsafe condition.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Bombardier Model DHC-8-400 series airplanes. The existing AD currently requires revising the Limitations section of the airplane flight manual (AFM) to include procedures for pulling the ``HYD PWR XFER'' circuit breaker in the event of the loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system. This AD requires a revision to the AFM to include additional procedures for ensuring that the ``PTU CNTRL'' switch is Normal, the ``PTU CNTRL ON'' advisory light is out, and the ``HYD PWR XFER'' circuit breaker is pulled in the event of the illumination of the ``2 HYD ISO VALVE'' caution light. This AD resulted from low No. 2 hydraulic pressure in-flight, which caused the power transfer unit to overspeed, and the fluid flow within the No. 1 hydraulic system to increase. We are issuing this AD to prevent possible loss of both the No. 1 and No. 2 hydraulic systems, resulting in the potential loss of several functions essential for safe flight and landing of the airplane.

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.

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.