September 16, 2008 – Federal Register Recent Federal Regulation Documents

Golden Parachute Payments and Indemnification Payments
Document Number: E8-21650
Type: Rule
Date: 2008-09-16
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is issuing an interim final regulation, with a request for comments, setting forth factors to be considered by the Director of FHFA in acting upon the Director's authority to limit golden parachute payments to entity- affiliated parties in connection with the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks.
Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations
Document Number: E8-21620
Type: Proposed Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is proposing to disapprove certain revisions to the State of Michigan's prevention of significant deterioration (PSD) State Implementation Plan (SIP), and in the alternative to approve the revisions if the deficiencies in the rules involved are corrected, as proposed by Michigan, and approved by EPA. These revisions are included in Michigan Rule R 336.2816, and set out the mechanisms which facilitate the participation of a potentially affected Federal Land Manager (FLM) in the State's permitting process for purposes of protecting either the increment or the Air Quality-Related Values (AQRVs) associated with a Class I area from potential impacts from a proposed major source or major modification. The Michigan Department of Environmental Quality (MDEQ) submitted these revisions as part of the SIP package on December 21, 2006. In a separate action in today's Federal Register, EPA is conditionally approving all other portions of Michigan's PSD SIP revision submission.
Prohibitions on Market Manipulation and False Information in Subtitle B of Title VIII of The Energy Independence and Security Act of 2007
Document Number: E8-21605
Type: Proposed Rule
Date: 2008-09-16
Agency: Federal Trade Commission, Agencies and Commissions
In a Federal Register notice published on August 19, 2008, the Federal Trade Commission (``Commission'' or ``FTC'') requested comment on its Notice of Proposed Rulemaking (``NPRM'') in connection with its rulemaking pursuant to Section 811 of the Energy Independence and Security Act of 2007 (``EISA''). The NPRM stated that comments must be received on or before September 18, 2008. In response to a request to extend the comment period received on September 5, 2008, the Commission has determined to extend the comment period until October 17, 2008.
Public Workshop Concerning Petroleum Market Manipulation Rulemaking
Document Number: E8-21604
Type: Proposed Rule
Date: 2008-09-16
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') will host a public workshop to discuss issues arising from, and comments submitted in regard to, its rulemaking proceeding concerning Prohibitions on Market Manipulation and False Information in Subtitle B of Title VIII of The Energy Independence and Security Act of 2007 (``EISA''). In particular, the workshop will consider the desirability and scope of the proposed rule prohibiting market manipulation in wholesale petroleum markets. The Commission will publish an agenda on its website prior to the workshop.
Final Policy Statement on FTA's School Bus Operations Regulations
Document Number: E8-21601
Type: Rule
Date: 2008-09-16
Agency: Federal Transit Administration, Department of Transportation
Through this notice, the Federal Transit Administration (FTA) clarifies its policy with respect to its interpretation of ``tripper service'' and ``school bus operations'' under 49 CFR part 605.
Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting
Document Number: E8-21597
Type: Rule
Date: 2008-09-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues regulations to exempt groundfish catcher/ processors and motherships equipped with an operational vessel monitoring system transmitter from check-in/check-out requirements. This action reduces paperwork requirements for certain catcher/ processors and motherships and changes the definitions for ``active'' period for motherships and trawl, longline, and pot gear catcher/ processors. This action reduces administrative costs for both the fishing industry and NMFS.
Terrorism Risk Insurance Program; Terrorism Risk Insurance Program Reauthorization Act Implementation
Document Number: E8-21578
Type: Rule
Date: 2008-09-16
Agency: Department of the Treasury
The Department of the Treasury (Treasury) is issuing this interim final rule as part of its implementation of amendments made by the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Reauthorization Act) to Title I of the Terrorism Risk Insurance Act of 2002 (TRIA, or Act), as previously amended by the Terrorism Risk Insurance Extension Act of 2005 (Extension Act). The Act established a temporary Terrorism Risk Insurance Program (Program) that was scheduled to expire on December 31, 2005, under which the Federal Government shared the risk of insured losses from certified acts of terrorism with commercial property and casualty insurers. The Extension Act extended the Program through December 31, 2007, and made other changes. The Reauthorization Act extends the Program through December 31, 2014, revises the definition of an ``act of terrorism,'' and makes other changes. This interim final rule contains regulations that Treasury is issuing to implement certain aspects of the Reauthorization Act. In particular, the rule addresses mandatory availability (``make available'') and disclosure requirements.
FMCSA Policy on Considering the Preventability of Crashes in Administrative Review Requests of Hazardous Materials Safety Permit Denials Based Upon Crash Rates in the Top 30 Percent of the National Average Under 49 CFR 385.407
Document Number: E8-21563
Type: Rule
Date: 2008-09-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA may not issue a hazardous materials safety permit (safety permit) to a motor carrier that has a crash rate, driver, vehicle or hazardous material out-of-service rate in the top 30 percent of the national average pursuant to 49 CFR 385.407. This document provides notice of FMCSA policy that it will consider preventability when a motor carrier contests the denial of a safety permit based upon a crash rate in the top thirty percent of the national average and presents compelling evidence that one or more of the crashes listed in the Motor Carrier Management Information System (MCMIS) was not preventable and thus not reflective of the motor carrier's suitability to transport the type and quantity of hazardous materials that require a safety permit. Preventability is determined by the following standard: If a driver who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred, and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable. FMCSA currently uses this standard in evaluating accident factors under its safety rating process.
Safety Zone; St. Croix Coral Reef Swim, Buck Island Channel, USVI
Document Number: E8-21555
Type: Proposed Rule
Date: 2008-09-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a safety zone on the navigable waters of Buck Island Channel, St. Croix, USVI. This proposed regulation is necessary to provide for the safety of participants, marine spectators, and recreational and professional mariner traffic during the St. Croix Coral Reef Swim event. This zone is intended to restrict vessels from entering into, transiting through, or anchoring within the waters where the event will be held unless authorized by the Captain of the Port (COTP) San Juan or a designated representative.
Safety Zone; Fireworks Display, Potomac River, National Harbor, MD
Document Number: E8-21551
Type: Proposed Rule
Date: 2008-09-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a discharge barge located at National Harbor, in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River.
Change of Using Agency for Restricted Area R-3807, Glencoe, LA
Document Number: E8-21522
Type: Rule
Date: 2008-09-16
Agency: Federal Aviation Administration, Department of Transportation
This action changes the using agency of R-3807, Glencoe, LA, from ``USAF, Southeast Air Defense Sector, Tyndall AFB, FL,'' to ``Western Air Defense Sector (WADS), McChord AFB, WA.'' The FAA is taking this action in response to a request from the United States Air Force (USAF) to reflect an administrative change of responsibility for the restricted area. There are no changes to the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted area.
The Dairy Import Licensing Program
Document Number: E8-21467
Type: Rule
Date: 2008-09-16
Agency: Office of the Secretary, Department of Agriculture
This final rule amends the historical license reduction provisions of the dairy tariff-rate import quota licensing program by suspending the provisions with respect to the reduction of historical licenses based on surrenders of unused quantities until 2011.
Approval and Promulgation of Implementation Plans; Florida; Removal of Gasoline Vapor Recovery From Southeast Florida Areas
Document Number: E8-21304
Type: Proposed Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of Florida (Florida) on May 31, 2007, for the purpose of removing Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in Dade, Broward, and Palm Beach Counties (hereafter referred to as the ``Southeast Florida Area''), and to phase out Stage II requirements for existing facilities in those counties. In addition, EPA is proposing to approve this SIP revision which would require new and upgraded gasoline dispensing facilities and new bulk gasoline plants statewide to employ Stage I vapor control systems, and would phase in Stage I vapor control requirements statewide for existing gasoline dispensing facilities. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Approval and Promulgation of Implementation Plans; Florida; Removal of Gasoline Vapor Recovery From Southeast Florida Areas
Document Number: E8-21303
Type: Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is approving the State Implementation Plan (SIP) revision submitted by the State of Florida (Florida) on May 31, 2007, for the purpose of removing Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in Dade, Broward, and Palm Beach Counties (hereafter refer to as the ``Southeast Florida Area''), and to phase out Stage II requirements for existing facilities in those counties. In addition, EPA is approving this SIP revision which requires new and upgraded gasoline dispensing facilities and new bulk gasoline plants statewide to employ Stage I vapor control systems, and phases in Stage I vapor control requirements statewide for existing gasoline dispensing facilities.
Approval and Promulgation of Air Quality Implementation Plans; Michigan; PSD Regulations
Document Number: E8-21209
Type: Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is conditionally approving into Michigan's State Implementation Plan (SIP) specified revisions to add the prevention of significant deterioration (PSD) construction permit program for the purpose of meeting the requirements of the Clean Air Act (CAA) with regard to new source review in areas attaining the National Ambient Air Quality Standards. The Michigan Department of Environmental Quality (MDEQ) submitted these rules to EPA for approval and inclusion into the Michigan SIP on December 21, 2006. In addition, in a separate action in today's Federal Register, EPA is proposing to partially disapprove the portion of Michigan's SIP revision submission consisting of Michigan Rule R 336.2816. The PSD SIP revision affects major stationary sources in Michigan that are subject to, or potentially subject to, the PSD construction permit program.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the New Orleans Ozone Maintenance Area
Document Number: E8-21202
Type: Proposed Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is proposing to approve this revision to the Louisiana State Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone standard for the New Orleans Ozone Maintenance Area. On June 29, 2007, the State of Louisiana submitted a maintenance plan for the New Orleans Ozone Maintenance Area, which includes the parishes of Jefferson, Orleans, St. Bernard and St. Charles, which ensures continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. This maintenance plan meets the statutory and regulatory requirements, and is consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the Federal Clean Air Act (CAA). On March 12, 2008, EPA issued a revised ozone standard. Today's action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the New Orleans area under the 2008 standard will be addressed in future actions.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the New Orleans Ozone Maintenance Area
Document Number: E8-21196
Type: Rule
Date: 2008-09-16
Agency: Environmental Protection Agency
EPA is approving this revision to the Louisiana State Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone standard for the New Orleans Ozone Maintenance Area. On June 29, 2007, the State of Louisiana submitted a maintenance plan for the New Orleans Ozone Maintenance Area, which includes the parishes of Jefferson, Orleans, St. Bernard and St. Charles, which ensures continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. This maintenance plan meets the statutory and regulatory requirements, and is consistent with EPA's guidance. EPA is approving the revision pursuant to section 110 of the Federal Clean Air Act (CAA). On March 12, 2008, EPA issued a revised ozone standard. Today's action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the New Orleans area under the 2008 standard will be addressed in future actions.
General Services Acquisition Regulation; GSAR Case 2008-G503; Rewrite of GSAR Part 505, Publicizing Contract Actions
Document Number: E8-21121
Type: Proposed Rule
Date: 2008-09-16
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for publicizing contract actions.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the California Red-Legged Frog (Rana aurora draytonii)
Document Number: E8-20473
Type: Proposed Rule
Date: 2008-09-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the California red-legged frog (Rana aurora draytonii), pursuant to the Endangered Species Act of 1973, as amended (Act). The previous final rule designated 450,288 acres (ac) (182,225 hectares (ha)) of critical habitat. We herein propose to revise those critical habitat boundaries to better reflect lands containing essential features for the California red-legged frog, and we now propose to designate approximately 1,804,865 ac (730,402 ha) of critical habitat in 28 California counties, an increase of approximately 1,354,577 ac) (548,177 ha).
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