September 2008 – Federal Register Recent Federal Regulation Documents

This notice issues special conditions for the Honda Aircraft Company, Model HA-420 HondaJet Airplane. This new airplane will have novel and unusual design features not typically associated with normal, utility, acrobatic, and commuter category airplanes. These design features include turbofan engines and engine location, for which the applicable regulations do not contain adequate or appropriate airworthiness standards. These special conditions contain the additional airworthiness standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2008-09 and subsequent fiscal periods from $1.50 to $2.00 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended or terminated.

The Coast Guard is establishing a temporary safety zone on the Milwaukee River, Milwaukee, WI. This zone is intended to restrict vessels from a portion of the Milwaukee River during the Milwaukee River Challenge on September 20, 2008. This temporary safety zone will establish restrictions upon, and control the movement of, vessels in a specified area immediately prior to, during, and immediately after the regatta.

This document amends the Department of Veterans Affairs (VA) Schedule for Rating Disabilities by revising the portion of the Schedule that addresses neurological conditions and convulsive disorders. The effect of this action is to provide detailed and updated criteria for evaluating residuals of traumatic brain injury (TBI).

This document amends the Department of Veterans Affairs (VA) adjudication regulations to establish a presumption of service connection for amyotrophic lateral sclerosis (ALS) for any veteran who develops the disease at any time after separation from service. This amendment is necessary to implement a decision by the Secretary to establish such a presumption based primarily on a November 2006 report by the National Academy of Sciences Institute of Medicine (IOM) on the association between active service and ALS.

This document amends the Department of Veterans Affairs (VA) Schedule for Rating Disabilities by revising that portion of the Schedule that addresses the Skin, so that it more clearly reflects our policies concerning the evaluation of scars.

EPA is proposing to grant a petition submitted by Cooper Crouse-Hinds (C-H) to exclude (or delist) a wastewater treatment plant (WWTP) sludge and filter sand (collectively, sludge) generated by C-H in Amarillo, TX from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the impact of the petitioned waste on human health and the environment. EPA bases its proposed decision to grant the petition on an evaluation of waste-specific information provided by the petitioner. This proposed decision, if finalized, would exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). If finalized, EPA would conclude that C-H's petitioned waste is non-hazardous with respect to the original listing criteria. EPA would also conclude that C-H's process minimizes short-term and long-term threats from the petitioned waste to human health and the environment.

This rule amends the Export Administration Regulations (EAR) by adding additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. Two types of persons are being added to the Entity List by this rule. The first type is persons that were listed on General Order No. 3 prior to publication of this rule, that are now moved to the Entity List with publication of this rule. There were 33 persons listed on the general order and all of those persons are now listed on the Entity List with the publication of this rule. These were persons concerning whom the U.S. Government possessed information regarding the acquisition or attempted acquisition of electronic components and devices (``commodities'') capable of being used in the construction of Improvised Explosive Devices (``IEDs''). These commodities have been, and may continue to be, employed in IEDs or other explosive devices used against Coalition Forces in Iraq and Afghanistan. The second type of persons being added to the Entity List with this rule are certain additional persons that were not previously listed on the general order, but are of concern to the U.S. Government for the same reasons as those other persons that were previously listed on the general order. This rule adds these additional persons to the Entity List also on the basis of section 744.11. This rule removes and reserves the general order because all of the persons from the general order are now listed on the Entity List with the publication of this rule. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

On April 6, 2007, NHTSA published a final rule establishing a new Federal motor vehicle safety standard requiring light vehicles to be equipped with electronic stability control systems. The final rule was established as part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes. This document responds to several petitions for reconsideration of the final rule. After carefully considering the issues raised, the agency is granting some aspects of the petitions, and denying some aspects. This document amends the final rule accordingly. This document also fulfills the obligations of the United States with respect to initiating rulemaking in order to comply with the global technical regulation (GTR) for ESC, adopted on June 26, 2008.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference (IBR) of FAA Order 7400.9R, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.

The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. TFE731-4, -4R, -5, -5AR, -5BR, and -5R series turbofan engines, with interstage turbine transition (ITT) duct, part number (P/N) 3075292-1; 3075292-3; 3074766-1; 3077063-1; 3075655- 1; 3075655-2; 3075699-1; or 3075699-3, installed. This AD requires replacing the affected ITT duct with a serviceable and redesigned ITT duct. This AD results from reports of 49 low-pressure turbine (LPT) blade separation events. Six of those events resulted in circumferential failure of the LPT2 or LPT3 nozzle assembly, leading to deformation of the ITT duct and uncontainment of the turbine blades and fragments of the LPT nozzle assembly. We are issuing this AD to prevent uncontainment of turbine blades and fragments of the LPT nozzle assembly, which could result in damage to the airplane.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Rural Business-Cooperative Service (RBS) amends its regulations for the Intermediary Relending Program (IRP). This action is needed to address several contradictions between the servicing and processing regulations. The intended effect of this action is to incorporate consistent language in both regulations as it relates to loan limits for ultimate recipients, eligible vs. ineligible uses of funds, and include a requirement on the extent to which ultimate recipients are assisted by the loans made. The changes will result in eliminating inconsistencies within the regulations and provide clarity and guidance that will allow the program to operate more efficiently and effectively.

On September 8, 2008, the Office of Management and Budget (OMB) approved the information collection requirements contained in Sec. 27.1221(f) pursuant to OMB Control No. 3060-1094. The BRS/EBS Fourth Memorandum Opinion and Order, released on March 20, 2008 (FCC 08-83) and published in the Federal Register on May 8, 2008, 73 FR 26032, stated that the revision to 47 CFR 27.1221(f) will be effective upon OMB approval. This document announces the effective date of that published rule. Accordingly, the information collection requirements contained in that rule became effective on September 8, 2008.

We, the U.S. Fish and Wildlife Service (Service), notify the public of the reinstatement of our July 15, 2002, proposed rule to list Lepidium papilliferum (slickspot peppergrass) as endangered under the Endangered Species Act of 1973, as amended (Act). We announce the reopening of the public comment period on that proposed listing.

NASA proposes to revise the NASA FAR Supplement (NFS) to update the procedures for NASA's Mentor-Prot[eacute]g[eacute] program. The changes will streamline the program; align the mentoring to technical skills; expand the program to include Small Disadvantaged Businesses (SDB), women-owned small businesses, HUBZone small businesses, veteran-owned and service-disabled veteran-owned small businesses, Historically Black Colleges and Universities, minority institutions of higher education, and NASA Small Business Innovation Research (SBIR) Phase II small businesses; and will include award fee incentives.

This final rule provides for the protection of the Western Snowy Plover (Charadrius alexandruinus nivosus), a species listed as threatened under the Endangered Species Act. Western Snowy Plovers spend approximately 10 months of the year within Golden Gate National Recreation Area (GGNRA), both at Crissy Field and Ocean Beach. This rulemaking will provide temporary protection for plovers in those two areas until a permanent determination is made through the planning process for the entire park. The park is developing a Dog Management Plan/Environmental Impact Statement (EIS) and special regulations for dog management, which are expected to be completed by winter 2010.

OSHA is announcing that the informal public hearing on the proposed rule on general working conditions in shipyard employment in Seattle, WA, will be held at the Renaissance Seattle Hotel.

This document contains a correction to Sec. Sec. 1231.3 and 1231.4 of the interim final regulation concerning Golden Parachute Payments and Indemnification Payments published in the Federal Register on Tuesday, September 16, 2008. These sections should read ``Reserved.''

The Coast Guard is establishing a temporary safety zone on the waters of the Pacific Ocean encompassed in the 1,000 yard radius surrounding the wreckage of the M/V NEW CARISSA located 3 nautical miles north of the entrance to Coos Bay, Oregon. The Captain of the Port Portland is taking this action to safeguard individuals and vessels involved in a salvage operation involving the M/V NEW CARISSA. Entry into this safety zone is prohibited unless authorized by the Captain of the Port or his designated representative.

Pursuant to section 216(h) of the Federal Power Act, the Department of Energy (DOE) is establishing procedures under which entities may request that DOE coordinate Federal authorizations for the siting of interstate electric transmission facilities. In today's Federal Register, DOE proposes several additional provisions that may be added to this part after consideration of public comments.

In light of the continuing unusual and exigent circumstances in the financial markets, the Board has adopted, on an interim final basis, a regulatory exemption for member banks from certain provisions of section 23A of the Federal Reserve Act and the Board's Regulation W. The exemption increases the capacity of member banks, subject to certain conditions designed to help ensure the safety and soundness of the banks, to enter into securities financing transactions with affiliates.

On July 25, 2008, the Forest Service, U.S. Department of Agriculture, proposed to establish a State-specific rule to provide management direction for conserving Colorado roadless areas (73 FR 43544). This proposed rule is estimated to have more than $100,000,000 of economic impact. The proposed rule would satisfy the economic impact and subject matter criteria of 7 U.S.C. 2204e and thus requires a regulatory risk assessment. The Forest Service is seeking comment on the assessment. A copy of the Regulatory Risk Assessment is available at the national roadless Web site https://www.roadless.fs.fed.us.

The U.S. Army Corps of Engineers (Corps) is amending the existing regulations for a restricted area at Blount Island Command, located on Marine Corps Support FacilityBlount Island, Jacksonville, Florida. Blount Island Command is responsible for managing the United States Marine Corps Prepositioning Programs. Due to the importance of this mission, the current restricted area in this section must be extended due to Department of Defense (DoD) directives that require the implementation of specified force protection measures by all DoD components. This amendment to the existing regulation is necessary to protect U.S government personnel, equipment, and facilities from potential terrorist attack by providing stand-off corridors encompassing the waters immediately contiguous to Marine Corps Support FacilityBlount Island.