September 24, 2008 – Federal Register Recent Federal Regulation Documents

Targeted Populations Under Section 45D(e)(2)
Document Number: E8-22481
Type: Proposed Rule
Date: 2008-09-24
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to how an entity serving certain targeted populations under section 45D(e)(2) can meet the requirements to be a qualified active low-income community business. The regulations reflect changes to the law made by the American Jobs Creation Act of 2004. The regulations will affect certain taxpayers claiming the new markets tax credit. This document also provides a notice of a public hearing on these proposed regulations.
Cyfluthrin; Pesticide Tolerances
Document Number: E8-22477
Type: Rule
Date: 2008-09-24
Agency: Environmental Protection Agency
This regulation establishes, revises, or deletes tolerances for residues of cyfluthrin in or on numerous raw agricultural commodities. It also establishes tolerances for residues of beta- cyfluthrin in or on all commodities for which cyfluthrin tolerances exist. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels and Deepwater Ports
Document Number: E8-22444
Type: Proposed Rule
Date: 2008-09-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to increase the limits of liability for vessels and deepwater ports under the Oil Pollution Act of 1990 (OPA 90) to account for inflation. This notice also sets forth the methodology the Coast Guard proposes to use for this and future adjustments to the OPA 90 limits of liability to reflect significant increases in the Consumer Price Index (CPI). These adjustments are required by OPA 90 to preserve the deterrent effect and polluter pays principle embodied in the OPA 90 liability provisions.
Fisheries of the Exclusive Economic Zone Off Alaska; Revised Management Authority for Dark Rockfish in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska
Document Number: E8-22441
Type: Proposed Rule
Date: 2008-09-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a proposed rule that would implement Amendment 73 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 77 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively, Amendments 73/77). If approved, Amendments 73/77 would remove dark rockfish (Sebastes ciliatus) from both fishery management plans (FMPs). The State of Alaska (State) would then assume management of dark rockfish catch by State-permitted vessels in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska. This action is necessary to allow the State of Alaska to implement more responsive, regionally based management of dark rockfish than is currently possible under the FMPs. This action would improve conservation and management of dark rockfish and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.
Pendimethalin; Pesticide Tolerances
Document Number: E8-22434
Type: Rule
Date: 2008-09-24
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of the herbicide pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-2,6- dinitrobenzenamine], and its metabolite, 4-[(1-ethylpropyl) amino]-2- methyl-3,5-dinitrobenzyl alcohol, in or on crayfish at 0.05 parts per million (ppm), and cotton gin byproducts at 3.0 ppm. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Proposed Establishment of Class D and Class E Airspace; Grayling, MI
Document Number: E8-22433
Type: Proposed Rule
Date: 2008-09-24
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class D airspace and Class E Surface Area airspace at Grayling Army Airfield, Grayling, MI. The establishment of an air traffic control tower has made these actions necessary for the safety of Instrument Flight Rule (IFR) operations at Grayling Army Airfield. Class D airspace will revert to a Class E2 Surface Area during periods when the control tower is not operating.
Special Local Regulations for Marine Events; St. Leonard Creek, Patuxent River, Calvert County, MD
Document Number: E8-22429
Type: Rule
Date: 2008-09-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing special local regulations during the ``War of 1812 North American Grand Tactical'', a marine event to be held September 21, 2008 on the waters of St. Leonard Creek and Patuxent River, Calvert County, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of St. Leonard Creek and the Patuxent River during the event.
Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies
Document Number: E8-22423
Type: Rule
Date: 2008-09-24
Agency: Department of the Interior, Bureau of Reclamation, Reclamation Bureau
This final rule will amend the regulations that govern public access to and conduct on Bureau of Reclamation (Reclamation) facilities, lands, and waterbodies. This action is necessary to clarify rules that are intended to maintain law and order and protect persons and property on Reclamation facilities, lands, and waterbodies. This action will help the public better understand their rights and responsibilities.
Solicitation of Input From Stakeholders Regarding the Beginning Farmer and Rancher Development Program
Document Number: E8-22420
Type: Proposed Rule
Date: 2008-09-24
Agency: Department of Agriculture, Cooperative State Research, Education, and Extension Service
The Cooperative State Research, Education, and Extension Service (CSREES) is implementing a newly funded competitive grants program called the Beginning Farmer and Rancher Development Program. By this notice, CSREES is designated to act on behalf of the Secretary of Agriculture in soliciting public comments and stakeholder input from persons who use or conduct research, extension or education, training, outreach and technical assistance regarding the implementing regulation to be developed for this newly funded program, as required under section 7405 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (FCEA).
Defense Federal Acquisition Regulation Supplement; Government Property (DFARS Case 2007-D020)
Document Number: E8-22419
Type: Proposed Rule
Date: 2008-09-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing management of Government property in the possession of contractors. The DFARS changes are consistent with changes made to the Federal Acquisition Regulation (FAR).
Solicitation of Input From Stakeholders Regarding Programs for the Hispanic-Serving Agricultural Colleges and Universities
Document Number: E8-22418
Type: Proposed Rule
Date: 2008-09-24
Agency: Department of Agriculture, Cooperative State Research, Education, and Extension Service
The Cooperative State Research, Education, and Extension Service (CSREES) is requesting stakeholder input in developing regulations for identifying and certifying institutions as Hispanic- serving Agricultural Colleges and Universities (HSACUs), which comprise a new group of cooperating educational institutions established in section 7101 of the Food, Conservation, and Energy Act of 2008 (FCEA) or Public Law 110-246. In addition, CSREES is requesting stakeholder input in developing regulations for the five new programs for HSACUs authorized under section 7129 of FCEA. By this notice, CSREES is designated to act on behalf of the Secretary of Agriculture in soliciting public comment from interested parties regarding the implementing regulations to be developed for identifying HSACUs and the new programs for HSACUs.
Safety Zone: Robert Moses Causeway Bridge State Boat Channel, Captree, NY
Document Number: E8-22416
Type: Rule
Date: 2008-09-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of the State Boat Channel surrounding the Robert Moses Causeway located in Captree, New York. This safety zone is necessary to protect vessels transiting the area from hazards imposed by construction barges and equipment. Entry into this zone is prohibited unless authorized by the Captain of the Port Long Island Sound, New Haven, CT.
Pacific Halibut Fisheries; Subsistence Fishing
Document Number: E8-22411
Type: Rule
Date: 2008-09-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to amend the subsistence fishery rules for Pacific halibut in waters in and off Alaska. These regulations are necessary to address subsistence halibut management concerns, particularly in densely populated areas. This action is intended to support the conservation and management provisions of the Northern Pacific Halibut Act of 1982.
Safety Zone: Port of Ponce, Puerto Rico
Document Number: E8-22410
Type: Rule
Date: 2008-09-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has established both moving and fixed safety zones around all vessels carrying Liquefied Natural Gas (LNG) cargo in the waters of the Caribbean Sea and Bahia de Ponce, Puerto Rico. This rule is necessary to protect the public by minimizing the chance of collisions of vessels carrying this inherently dangerous and highly volatile material. This rule requires vessel traffic to maintain a safe distance from LNG vessels operating near or moored in Ponce, Puerto Rico.
Adoption of Updated EDGAR Filer Manual
Document Number: E8-22391
Type: Rule
Date: 2008-09-24
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR system. The revisions are being made primarily to support the rule amendments made to mandate the electronic filing of information required by Securities Act of 1933 Form D with the implementation of a new Form D online application. In addition, the revisions also include updates to submission types PREM14A, DEFM14A, PREM14C and DEFM14C to correctly process series and class identifiers; updates to the EDGAR company name conformance rules; updates to the EDGARLite Form TA-2 (Annual Report of Transfer Agent activities filed pursuant to the Securities Exchange Act of 1934) to correct the OMB expiration date displayed on the printed blank form, to correct the order that the response fields for Question 1(h) (Full Name of Registrant as stated in Question 3 of Form TA-1) and Question 3(a) (Registrants Appropriate Regulatory Agency) are displayed on the printed blank form, to make a response to Question 11(a)(i) (Date of Database Search) optional and to prevent the submission of invalid ASCII characters; updates to the EDGAR processing of series and classes co-registrant filings; and the incorporation of the final U.S. GAAP Taxonomies 1.0 into EDGAR. The revisions to the Filer Manual reflect changes within Volume I entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version 5 (September 2008) and Volume II entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 9 (September 2008). The updated manual will be incorporated by reference into the Code of Federal Regulations.
Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction
Document Number: E8-22383
Type: Rule
Date: 2008-09-24
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9321) which were published in the Federal Register on April 17, 2007 (72 FR 19323). The final regulations relate to section 409A and nonqualified deferred compensation plans.
S Corporation Guidance Under AJCA of 2004 and GOZA of 2005; Correction
Document Number: E8-22381
Type: Rule
Date: 2008-09-24
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9422) that were published in the Federal Register on Thursday, August 14, 2008 (73 FR 47526) providing guidance regarding certain changes made to the rules governing S corporations under the American Jobs Creation Act of 2004 and the Gulf Opportunity Zone Act of 2005. The final regulations replace obsolete references in the current regulations and allow taxpayers to make proper use of the provisions that made changes to prior law. The final regulations include guidance on the S corporation family shareholder rules, the definitions of ``powers of appointment'' and ``potential current beneficiaries'' (PCBs) with regard to electing small business trusts (ESBTs), the allowance of suspended losses to the spouse or former spouse of an S corporation shareholder, and relief for inadvertently terminated or invalid qualified subchapter S subsidiary (QSub) elections. The final regulations affect S corporations and their shareholders.
Technical Specifications-Restoring the Original Paragraph Designations
Document Number: E8-22355
Type: Rule
Date: 2008-09-24
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit.
Authority To Compromise Civil Claims Under the Comprehensive Environmental Response, Compensation and Liability Act and To Make an Administrative Change to the Code of Federal Regulations
Document Number: E8-22354
Type: Rule
Date: 2008-09-24
Agency: Department of Justice
This rule amends our regulations to reflect the name of the Environment and Natural Resources Division, which was formerly known as the Land and Natural Resources Division. The Department of Justice officially changed the name of the Division in the early 1990s, but all of the pertinent parts of part 0 were not amended accordingly. This order further amends our regulations to authorize the Assistant Attorney General for the Environment and Natural Resources Division to approve certain settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Schedule of Fees Authorized by 49 U.S.C. 30141
Document Number: E8-22334
Type: Rule
Date: 2008-09-24
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document adopts fees for Fiscal Year 2009 and until further notice, as authorized by 49 U.S.C. 30141, relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS). These fees are needed to maintain the registered importer (RI) program. We are increasing the fees for the registration of a new RI from $677 to $760 and the annual fee for renewing an existing registration from $570 to $651. These fees include the costs of maintaining the RI program. The fee required to reimburse Customs for conformance bond processing costs will increase from $9.77 to $10.23 per bond. We are decreasing the fees to be collected from the importer of each vehicle covered by an import eligibility decision made on an individual make, model, and model year basis. For vehicles determined eligible based on their substantial similarity to a U.S. certified vehicle, the fee will decrease from $208 to $198. For vehicles determined eligible based on their capability of being modified to comply with all applicable FMVSS, the fee will also decrease from $208 to $198. In the event that a petitioner requests an inspection of a vehicle, the fee for such an inspection will remain $827 for vehicles that are the subject of either type of petition. The fee that an RI must pay as a processing cost for review of each conformity package that it submits to NHTSA will increase to $14 from $13 per certificate. If the vehicle has been entered electronically with Customs through the Automated Broker Interface (ABI) and the registered importer has an e-mail address, the fee for processing the conformity package will continue to be $6, provided the fee is paid by credit card. However, if NHTSA finds that the information in the entry or the conformity package is incorrect, the processing fee will be $48, representing no change from the fee that is currently charged when there are one or more errors in the ABI entry or omissions in the statement of conformity.
Administrative Practice and Procedure, Postal Service
Document Number: E8-22328
Type: Rule
Date: 2008-09-24
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding the Postal Service's negotiated agreements with China Post Group and Hong Kong Post to the competitive product list. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Aldicarb, Ametryn, 2,4-DB, Dicamba, Dimethipin, Disulfoton, Diuron, et al.; Tolerance Actions
Document Number: E8-22078
Type: Rule
Date: 2008-09-24
Agency: Environmental Protection Agency
EPA is revoking certain tolerances for the insecticides/ nematicides aldicarb, ethoprop, and oxamyl; the insecticides disulfoton, malathion, and methyl parathion; the miticide/acaricide propargite; the fungicides o-phenylphenol and its sodium salt, triadimefon, triadimenol, and ziram; the herbicides ametryn, dicamba, diuron, oxyfluorfen, and paraquat; the growth regulator/herbicide dimethipin; and the antimicrobial/insecticidal fumigant propylene oxide. Also, EPA is modifying certain tolerances for the insecticide/ nematicide oxamyl; the insecticide fenitrothion; the miticide/acaricide propargite; the molluscicide metaldehyde; the fungicides triadimefon and tridemorph; the herbicides ametryn, 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide. In addition, EPA is establishing tolerances for the insecticide/nematicide oxamyl; the molluscicide metaldehyde; the fungicides etridiazole and streptomycin; the herbicides 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide and propylene chlorohydrin (a reaction product formed during the propylene oxide sterilization process). Finally, because tolerances expired in 2005, EPA is removing 40 CFR 180.167 for nicotine-containing compounds. The regulatory actions finalized in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).
Pesticides; Food Packaging Treated with a Pesticide
Document Number: E8-21958
Type: Rule
Date: 2008-09-24
Agency: Environmental Protection Agency
This final rule excepts food packaging materials (e.g. paper and paperboard, coatings, adhesives, and polymers) from the definitions of ``pesticide chemical'' and ``pesticide chemical residue'' under the Federal Food Drug and Cosmetic Act (FFDCA) section 201(q), when such food packaging materials have been treated with a pesticide regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This final rule expands the scope of the current exception which applies only to food packaging impregnated with an insect repellent - one type of pesticide. This final rule, as with the rule it amends, only applies to the food packaging materials themselves; it does not otherwise limit EPA's FFDCA jurisdiction over the pesticidal substances in or on such products or limit FDA's jurisdiction over substances subject to FDA regulation as food additives. This rule eliminates duplicative FFDCA jurisdiction and economizes federal government resources while continuing to protect human health and the environment. It is important to note that under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA will continue to regulate the food packaging as an inert ingredient of the pesticide product and regulate the pesticide active ingredient in the treated food packaging under both FIFRA and the FFDCA (except as otherwise provided by statute). The text of this final rule is identical to a direct final rule EPA issued on December 6, 2006. EPA received several comments opposing that direct final rule and therefore withdrew the rule on February 2, 2007, consistent with EPA policy. EPA issued a subsequent proposed rule on April 6, 2007 for additional public comment.
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits
Document Number: E8-21722
Type: Proposed Rule
Date: 2008-09-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This supplemental proposed rule provides specific information and further explanation regarding a June 29, 2007 (72 FR 35748) NMFS proposed rule that set out new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, Interagency Electronic Reporting System, and its data entry component, eLandings; the integration of eLandings with existing logbook requirements and future electronic logbooks; a variety of fisheries permits provisions and revisions to regulations governing the Bering Sea and Aleutian Islands Management Area Crab Rationalization Program, including fee calculations; a revision to a Sitka Pinnacles Marine Reserve closure provision; and a revision to a groundfish observer provision regarding at-sea vessel-to-vessel transfers.
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