September 2008 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 46 on October 1.

This action changes the effective date and makes a correction to the direct final rule that amends Class D and Class E airspace at Altus AFB, OK, published in the Federal Register August 6, 2008 (73 FR 45605) Docket No. FAA-2008-0339. The effective date is changed to November 20, 2008, to allow additional time for charting. This action also makes a correction to the geographic coordinates of Altus AFB.

This rule adjusts the Student and Exchange Visitor Program (SEVP) school certification petition fees and the application fees for nonimmigrants seeking to become academic (F visa) or vocational (M visa) students, or exchange visitors (J visa). The rule sets the following fees: $1,700 for a school certification petition and $655 for each site visit for certification; and $200 for each F or M student. This rule also sets a $180 fee for most J exchange visitors; however, the $35 fee for each J exchange visitor seeking admission as an au pair, camp counselor, or summer work/travel program participant will remain the same. All fee payments addressed in this final rule must be made in the amounts established by this rule beginning October 27, 2008. The rule also establishes procedures for the oversight and recertification of schools attended by F and/or M students, establishes procedures for schools to submit recertification petitions, adds a provision allowing a school to voluntarily withdraw from its certification, and clarifies procedures for school operation with regard to F and M students during recertification and following a denial of recertification or a withdrawal of certification. Finally, the rule removes obsolete provisions used prior to implementation of the Student and Exchange Visitor Information System (SEVIS).

This document responds to a petition for reconsideration of our 2006 final rule increasing the maximum gross vehicle weight rating (GVWR) for low speed vehicles (LSVs) to 3,000 pounds. The agency established a GVWR limit (initially set at 2,500 pounds) in order to provide an objective means to delineate between vehicles for which the limited LSV requirements are appropriate and those that can be designed to meet the full set of Federal motor vehicle safety standards. Our 2006 final rule increased the limit to 3,000 pounds, in order to accommodate the heavier weight of load-carrying LSVs and electric batteries. A petition for reconsideration was received from Electronic Transportation Applications (ETA), which seeks to further increase the GVWR limit for electric-powered LSVs to 4,000 pounds, as well as to add additional regulations to regulate braking performance and tire specifications. The agency is denying the petitioner's request for the reasons discussed in this document.

To reduce liquidity and other strains being experienced by money market mutual funds, the Board of Governors of the Federal Reserve System adopted on September 19, 2008, a special lending facility that enables depository institutions and bank holding companies to borrow from the Federal Reserve Bank of Boston on a nonrecourse basis if they use the proceeds of the loan to purchase certain types of asset-backed commercial paper (ABCP) from money market mutual funds. This lending facility is referenced to as the ABCP Lending Facility. To facilitate the ability of national banks to participate in the program, the Office of the Comptroller of the Currency (OCC) has adopted, on an interim final basis, an exemption from its risk-based capital guidelines for ABCP held by a national bank as a result of its participation in this program.

The Office of Management and Budget (OMB) is proposing guidance on drug-free workplace requirements for financial assistance. The guidance conforms with the common rule that 31 Federal agencies published on November 26, 2003 and therefore makes no substantive change to Federal policies and procedures in this area. The agencies issued that common rule after resolving public comments received in response to a Notice of Proposed Rulemaking. OMB is proposing to issue this guidance as an administrative simplification that will streamline the policy framework for drug-free workplace requirements in two ways. First, the guidance is in a form suitable for Federal agency adoption, which will reduce the volume of Federal regulations on drug-free workplace, make it easier for the affected public to use them, and make it easier and less expensive for the Federal Government to maintain them. Second, the guidance is located in the recently established Title 2 of the Code of Federal Regulations (2 CFR). Locating the OMB guidance in 2 CFR will make it easier to find. It also is the first step toward co-locating in the same CFR title the agencies' regulations that implement the guidance, a further simplification for the public. This notice also proposes a minor change to the previously issued 2 CFR part 1, to conform that part with the guidance published today.

To reduce liquidity and other strains being experienced by money market mutual funds, the Federal Reserve System adopted on September 19, 2008, a special lending facility (ABCP Lending Facility) that enables depository institutions and bank holding companies to borrow from the Federal Reserve Bank of Boston on a nonrecourse basis if they use the proceeds of the loan to purchase certain types of asset-backed commercial paper (ABCP) from money market mutual funds. To facilitate this Federal Reserve lending program, the Board of Governors of the Federal Reserve System (Board) also has adopted, on an interim final basis, an exemption from its leverage and risk-based capital rules for ABCP held by a state member bank or bank holding company as a result of its participation in this program.

Section 1936 of the Social Security Act (the Act) (as added by section 6034 of the Deficit Reduction Act of 2005 (DRA) established the Medicaid Integrity Program to promote the integrity of the Medicaid program by requiring CMS to enter into contracts with eligible entities to: (1) Review the actions of individuals or entities furnishing items or services (whether on a fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of such plan approved under section 1115 of the Act; (2) audit claims for payment of items or services furnished, or administrative services rendered, under a State plan; (3) identify overpayments to individuals or entities receiving Federal funds; and (4) educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This final rule will provide requirements for an eligible entity to enter into a contract under the Medicaid integrity audit program. The final rule will also establish the contracting requirements for eligible entities. The requirements will include procedures for identifying, evaluating, and resolving organizational conflicts of interest that are generally applicable to Federal acquisition and procurement; competitive procedures to be used; and procedures under which a contract may be renewed.

The Mine Safety and Health Administration (MSHA) will hold a public hearing on its proposed rule to amend the existing metal and nonmetal standards for the possession and use of intoxicating beverages and narcotics and make the new standard applicable to all mines. The proposed rule would also require those who violate the prohibitions to be removed from the performance of safety-sensitive job duties until they successfully complete the recommended treatment and their alcohol- and drug-free status is confirmed by a return-to-duty test.

This action restructures the restricted areas and other special use airspace (SUA) located in the vicinity of Fort Drum, NY. The Air National Guard (ANG) requested redesign of existing restricted airspace R-5201, known as the Adirondack Airspace Complex, by establishing two new restricted areas: R-5202A and R-5202B, and by restructuring the military operations areas (MOA) contained in the Adirondack Airspace Complex. Unlike restricted areas, which are designated under 14 CFR part 73, MOAs are not rulemaking airspace actions. However, since these MOAs form an integral part of the Adirondack Airspace Complex, the FAA is including a description of the associated MOA changes in this rule. The MOA changes described here will also be published in the National Flight Data Digest (NFDD). The ANG requested these airspace changes to provide the additional SUA needed to conduct more realistic aircrew training in the Adirondack Airspace Complex.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to all Airbus Model A310 series airplanes and Model A300-600 series airplanes. The original NPRM would have required superseding two existing ADs. One existing AD applies to certain Airbus Model A310 series airplanes and currently requires repetitive inspections for cracking of the flap transmission shafts, and replacement of the transmission shafts if necessary. That existing AD also provides an optional terminating action for the repetitive inspections. The other existing AD applies to all Airbus Model A310 and A300-600 series airplanes and currently requires a one-time inspection of the trimmable horizontal stabilizer actuator, corrective actions if necessary, and follow-on repetitive tasks. The original NPRM would have added revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations and maintenance tasks for aging systems maintenance. The original NPRM resulted from the manufacturer's determination that life limitations and maintenance tasks are necessary in order to ensure continued operational safety of the affected airplanes. This new action revises the original NPRM by reducing the initial compliance times. We are proposing this supplemental NPRM to prevent reduced structural integrity of these airplanes due to the failure of system components.

This final rule corrects a previously published rule. In the original document, an amendment inadvertently removed two paragraphs relating to the registration of certain aircraft. This rule reinstates those two paragraphs in their original form.

The Department of Defense (DoD) and the Office of Personnel Management are issuing final regulations governing the operation of the National Security Personnel System (NSPS), a human resources management system for DoD, as originally authorized by the National Defense Authorization Act for Fiscal Year 2004 and amended by the National Defense Authorization Act for Fiscal Year 2008. This final regulation governs compensation, classification and performance management under NSPS. NSPS aligns DoD's human resources management system with the Department's critical mission requirements and protects the civil service rights of its employees.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) created and expanded State and Federal title IV-D child support enforcement databases and significantly enhanced access to information for title IV-D child support purposes. States are moving toward integrated service delivery and developing enterprise architecture initiatives to link their program databases. This final rule prescribes requirements for: State Parent Locator Service responses to authorized location requests; and State IV-D program safeguarding of confidential information and authorized disclosures of this information. This rule restricts the use of confidential data and information to child support purposes, with exceptions for certain disclosures permitted by statute.

In this document, the Federal Communications Commission seeks comment on proposals in certain ex parte filings submitted by the Association of Public-Safety Communications Officials, International (APCO), the National Emergency Number Association (NENA), AT&T, Sprint Nextel Corporation, and Verizon Wireless regarding location accuracy requirements for wireless licensees subject to the Commission's rules that specify standards for wireless Enhanced 911 (E911) Phase II location accuracy and reliability.

The Department of State is amending the text of the International Traffic in Arms Regulations (ITAR) to increase the registration fees, change the registration renewal period, and make other minor administrative changes.

Under the Clean Air Act, EPA is proposing to approve certain revisions, and to disapprove certain other revisions, of the Nevada State Implementation Plan submitted by the Nevada Division of Environmental Protection. These revisions relate to the application of the State's vehicle inspection and maintenance program to vehicles operated on Federal installations. EPA is also proposing to correct certain plan revisions related to this subject that EPA previously approved in error. The intended effect is to ensure that vehicles operated on Federal installations are subject only to those requirements of the State's vehicle inspection and maintenance program that apply in the same manner and to the same extent to nongovernmental entities.

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).

The FAA proposes to adopt a new airworthiness directive (AD) for Honeywell International Inc. LTS101 series turboshaft and LTP101 series turboprop engines with certain gas generator turbine discs installed. This proposed AD would require reducing the life limits for certain gas generator turbine discs. This proposed AD results from an error in a change to the engineering drawing for the gas generator turbine disc from which they manufactured 260 discs. We are proposing this AD to prevent rupture of the gas generator turbine disc, which could result in uncontained engine failure and damage to the aircraft.

This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

This rule establishes Class D airspace at San Bernardino International Airport, San Bernardino, CA. The FAA is taking this action to provide controlled airspace for the safety of aircraft executing Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at San Bernardino International Airport. The configuration of this airspace has been modified to accommodate airspace design changes that would enhance the safety and efficiency of air traffic operations at San Bernardino International Airport and continue general aviation access to Redlands Municipal Airport 4.5 nautical miles to the east.