September 2008 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is re-proposing a number of amendments to its rules, guidance and acceptable practices, initially proposed on July 1, 2004,\1\ concerning trading off the centralized market, including the addition of guidance on contract market block trading rules and exchanges of futures for commodities or derivatives positions. The Commission is re- proposing these amendments and requesting comment as part of its continuing efforts to update its regulations in light of the Commodity Futures Modernization Act of 2000 (``CFMA'').

OSHA is convening an informal public hearing to receive testimony and documentary evidence on the proposed rule for Clarification of Remedy for Violation of Requirements to Provide Personal Protective Equipment and Train Employees.

NMFS announces that it is considering, and is seeking public comment on proposed rulemaking to revise National Standard 2 (NS2) guidelines regarding use of best scientific information available, in light of reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS is considering modifying the language describing the content and purpose of the Stock Assessment and Fishery Evaluation (SAFE) Report or related documents, and adding language regarding peer review processes, the role of the scientific and statistical committees (SSCs) of the Regional Fishery Management Councils (Councils), and the relationship between peer reviews and SSCs.

DOE will hold an informal public meeting to discuss and receive comments on issues that it will address in this rulemaking proceeding. The Department is also initiating data collection for establishing energy conservation standards for residential refrigerators, refrigerator-freezers, and freezers. The Department also encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared a draft framework document, available at https://www1.eere.energy.gov/buildings/ appliancestandards/residential/refrigeratorsfreezers.html.

We are amending the regulations to remove California from the list of accredited-free States for bovine tuberculosis and reclassify the State as modified accredited advanced. Because two affected cattle herds have been detected in California since November 2007, the State no longer meets our requirements for accredited-free status. This action is necessary to reduce the likelihood of the spread of bovine tuberculosis within the United States.

The U.S. Election Assistance Commission is publishing notice of its final rules implementing provisions of the Freedom of Information Act, the Government in the Sunshine Act, and the Privacy Act.

We are amending the regulations concerning the interstate movement of animals to limit the use of the animal identification number (AIN) with the 840 prefix to animals born in the United States. In addition, we are extending the restrictions on the removal of official identification devices to include devices applied to imported animals in their countries of origin. We are also requiring that if such a device is lost following importation into the United States, the animal may only be retagged with an official identification device using a numbering system other than an AIN beginning with an 840 prefix. These requirements are necessary to enhance our traceback capabilities for both domestic and imported animals in the event of a disease outbreak.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on May 22, 2008. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, Methionine, to extend its use in organic poultry production until October 1, 2010.

This action proposes to revise Class E airspace at Badami, AK. Two Special Instrument Approach Procedures (SIAPs) are being developed for the Badami Airport at Badami, AK. Additionally, a textual Obstacle Departure Procedure (ODP) is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Badami Airport, Badami, AK.

The Audio Division grants a Petition for Rule Making issued at the request of Katherine Pyeatt, proposing the allotment of Channel 245C3 at Christine, Texas, as its first local aural transmission service. The reference coordinates for Channel 245C3 at Christine are 28-40-00 NL and 98-30-15 WL, located 13.6 kilometers (8.4 miles) south of Christine. Additionally, a counterproposal filed by Linda Crawford was dismissed, requesting the allotments of Channel 245A at Christine, Texas, and Channel 250A at Tilden, Texas, as first local aural transmission services. To accommodate the proposed Tilden allotment, the counterproposal requests the substitution of Channel 296A for vacant Channel 250A at George West, Texas, which in turn requires the substitution of Channel 246A for Channel 296A at Beeville, Texas, and modification of the Station KRXB(FM) license. We hereby change the effective date of this final rule in compliance with 47 CFR 1.427 because the final rule was never published in the Federal Register. Accordingly, the Report and Order is made effective 30 days from the time the final rule for the above caption proceeding is published in the Federal Register.

This final rule revises the Medicare Advantage (MA) program (Part C) and Medicare Prescription Drug Benefit Program (Part D). The regulation contains new regulatory provisions regarding marketing processes for both programs. The revisions to the Part C and Part D programs are based on lessons we have learned since 2006, the initial year of the prescription drug program and the revised MA program.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the 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 identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation proving the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice will be provided by publication in the Federal Register on a subsequent date.

This document makes final the interim rule that was published on January 9, 2004, with minor changes to both parts 215 and 218. This rule establishes a process by which the public may file objections to seek administrative review of proposed hazardous fuel reduction projects authorized by the Healthy Forests Restoration Act of 2003 (HFRA), Public Law 108-148. Section 105 of the act directs the Secretary of Agriculture to publish final regulations following public comment on the interim final regulations. This final rule refines the HFRA objection procedures based on public comment and agency experience applying the interim final rule. These changes add clarity to the procedural direction, describe authorized hazardous fuel reduction projects not subject to objection, clarify notification requirements, clarify the eligibility criteria for who may file an objection, provide for the incorporation of certain documents into objections by reference, and clarify how timeliness of objection filing will be determined.

To minimize impacts on canary rockfish, NMFS announces the end of the 2008 Pacific whiting primary season for the catcher-processor, mothership and shore-based sectors at noon local time (l.t.) August 19, 2008. This action is intended to keep the harvest of canary rockfish, an overfished species, within its 2008 optimum yield (OY).

EPA is revoking certain tolerances for the herbicides metolachlor and sethoxydim and the insecticides chlorpyrifos, dimethoate, fenamiphos, terbufos, and tetrachlorvinphos. Also, EPA is modifying certain tolerances for the herbicides 2,4-D, DCPA, desmedipham, metolachlor, sethoxydim, and triallate and the insecticides chlorpyrifos, dimethoate, fenamiphos, phorate, and tetrachlorvinphos. In addition, EPA is establishing new tolerances for the herbicides bensulide, metolachlor, and sethoxydim and the insecticide chlorpyrifos. 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).

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A330, A340-200, and A340-300 series airplanes. The existing AD currently requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; related investigative and corrective actions if necessary; and replacement of the existing bracket with a titanium-reinforced bracket, which ends the repetitive inspections in the existing AD. This proposed AD would add requirements only for airplanes on which the existing bracket was replaced with a titanium-reinforced bracket in accordance with the existing AD. The additional requirement is a one-time inspection to determine if certain fasteners are broken or cracked, and corrective actions if necessary. This proposed AD results from a report that incorrect torque values could damage the bracket. We are proposing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane.

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:

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:

Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation proving the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice will be provided by publication in the Federal Register on a subsequent date.

The Board is publishing amendments to Regulation B (Equal Credit Opportunity Act) to update the address where questions should be directed concerning creditors for which the Office of Thrift Supervision administers compliance with the regulation.

The Food and Drug Administration (FDA) is proposing to amend its bottled water regulations to require that source water, which is currently subject to weekly microbiological testing, be tested specifically for total coliform as is done for finished bottled water products. Further, FDA is proposing that if any coliform organisms are detected in source water or finished bottled water products, bottled water manufacturers would be required to test for the bacterium Escherichia coli (E. coli), an indicator of fecal contamination. FDA also is proposing to amend the adulteration provision of the bottled water standard to reflect the possibility of adulteration caused by the presence of filth. Bottled water containing E. coli would be considered adulterated, and source water containing E. coli would not be considered to be of a safe, sanitary quality and would be prohibited from use in the production of bottled water. In addition, this rule would require bottlers to rectify or eliminate the source of E. coli contamination in source water and keep records of such actions. Existing regulatory provisions would require bottled water manufacturers to keep records of new testing required by this rule. FDA tentatively concludes that this proposed rule, if finalized, will ensure that FDA's standards for the minimum quality of bottled water, as affected by fecal contamination, will be no less protective of the public health than those set by the Environmental Protection Agency (EPA) for public drinking water.

We are proposing to amend the Federal motor vehicle safety standard on motorcycle brake systems, in order to add and update requirements and test procedures and to harmonize with a global technical regulation for motorcycle brakes. If adopted, today's proposal would specify an additional dry brake test procedure to test each service brake control individually and with the motorcycle in the fully loaded condition, provide a new test procedure for assessing performance of motorcycle brakes from high speeds, provide a new wet brake test that better simulates in-service conditions, provide an improved test procedure for evaluating heat fade, add test procedures and performance requirements for antilock brake systems, if fitted, and add a power-assisted braking system failure test, if equipped.

The Resource Conservation and Recovery Act of 1976, as amended (RCRA), authorizes EPA to grant approval to States to operate their underground storage tank programs in lieu of the Federal program. This action codifies EPA's decision to approve State programs and incorporates by reference those provisions of the State statutes and regulations that will be subject to EPA's inspection and enforcement authorities in accordance with sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions. This rule codifies the prior approval of the State of Hawaii's underground storage tank program and incorporates by reference appropriate provisions of State statutes and regulations.