September 2008 – Federal Register Recent Federal Regulation Documents

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. That AD currently requires a one-time inspection of the main landing gear (MLG) main fitting for cracks, and repair if necessary. The existing AD also currently requires installing a placard and revising the airplane flight manual to include procedures to prohibit the application of brakes during backward movement of the airplane. This new AD requires repetitive eddy current inspections of the MLG main fitting and rework before further flight as applicable. This AD results from reports that a final solution eliminating the cause of the crack initiation mechanism is not yet available and that repetitive inspections are necessary. We are issuing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

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:

We are adopting a new airworthiness directive (AD) for all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. This AD requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the accomplishment of certain fuel system modifications, the initial inspections of certain repetitive fuel system limitations to phase in those inspections, and repair if necessary. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The Rural Utilities Service, an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as USDA Rural Development or Agency, proposes to revise its regulations on Electric and Telecommunications Standards and Specifications for Materials, Equipment and Construction, by codifying specifications for wood poles, stubs and anchor logs, wood crossarms (solid and laminated), transmission timbers and pole keys, and for quality control and inspection of timber products. The Agency is proposing to update these specifications to conform with revisions in the industry and to follow Agency policy on insurance requirements.

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 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.

On April 4, 2008, the Department of Commerce (``Department'') published the preliminary results and partial rescission of the 2006- 2007 administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). See Glycine from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission, 73 FR 18503 (April 4, 2008) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the period of review (``POR'') March 1, 2006, through February 28, 2007.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Worshiping Women: Ritual and Reality in Classical Athens,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Onassis Cultural Center, New York, NY, from on or about December 10, 2008, until on or about May 9, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

The FBI is authorized to establish and collect fees for providing fingerprint-based and name-based criminal history record information (CHRI) checks and other identification services submitted by authorized users for non-criminal justice purposes including employment and licensing. The fees may include an amount to establish a fund to defray expenses for the automation of criminal justice information services and associated costs. The proposed rule concerns the name-based checks conducted by the Records Management Division (RMD) in the National Name Check Program (NNCP). The rule explains the methodology used to calculate the revised fees and provides a proposed fee schedule. After public comment, a final rule and notice of the final fee schedule will be published in the Federal Register.

On August 24, 2005 NOAA published a notice in the Federal Register that announced revisions to guidelines for the Community-based Restoration Program (Program). The notice requested public comment on proposed updates to the guidelines that describe how the Program is implemented, and notified the public about a constituent feedback meeting that was scheduled for September 13, 2005 in Washington DC. This notice makes minor changes to the previously published guidelines and responds generally to the comments received, summarizes the constituent feedback meeting in Washington, D.C., and highlights specific authorization for the Program established in the Magnuson- Stevens Fishery Conservation and Management Reauthorization Act of 2006. NOAA expects to periodically update these guidelines every 3 to 5 years to reflect the evolution of the Program. This is not a solicitation of project proposals.

This notice announces the next meeting of the National Technical Information Service Advisory Board (the Advisory Board), which advises the Secretary of Commerce and the Director of the National Technical Information Service (NTIS) on policies and operations of the Service.

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.

Members of the public are hereby invited to participate with Western Energy Company in a program for the exploration of coal deposits owned by the United States of America in lands located in Rosebud County, Montana, encompassing 921.06 acres.

We, the U.S. Fish and Wildlife Service (Service) announce that our Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Red Rock Lakes National Wildlife Refuge is available. This Draft CCP/EA describes how the Service intends to manage this Refuge for the next 15 years.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the I-405, NE 8th Street to SR 520 Improvement Project (The Project) located in Bellevue; King County; I- 405 in the State of Washington. These actions grant licenses, permits, and approvals for the project.

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.

This action adds to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products previously furnished by such agencies.

The National Nuclear Security Administration (NNSA) of the U.S. Department of Energy (DOE) is issuing this Record of Decision (ROD) for the continued operation of the Los Alamos National Laboratory (LANL) in Los Alamos, New Mexico. This ROD is based on information and analyses contained in the Final Site-Wide Environmental Impact Statement for the Continued Operation of Los Alamos National Laboratory, Los Alamos, New Mexico, DOE/EIS-0380 (Final SWEIS or 2008 SWEIS) issued on May 16, 2008; comments on the SWEIS; and other factors, including costs, security considerations and the missions of NNSA. In the 2008 SWEIS, NNSA assessed three alternatives for the continued operation of LANL: (1) No Action, (2) Reduced Operations, and (3) Expanded Operations. The No Action Alternative analyzed in this SWEIS consists of NNSA and LANL continuing to implement earlier decisions based on previous National Environmental Policy Act (NEPA) reviews, including the 1999 LANL SWEIS (DOE/EIS-0238) and its ROD (64 FR 50797, Sept. 20, 1999). The 2008 SWEIS identified the Expanded Operations Alternative as NNSA's Preferred Alternative. The SWEIS includes a classified appendix that assesses the potential environmental impacts of a representative set of credible terrorist scenarios. Because NNSA is continuing to evaluate significant technical and national security issues that could affect the operation and missions of LANL, NNSA is making only a few decisions at this time regarding the continued operation of the laboratory. NNSA will not make any decisions regarding nuclear weapons production and other actions analyzed in the Complex Transformation Supplemental Programmatic Environmental Impact Statement (DOE/EIS-0236-S4) (Complex Transformation SPEIS or SPEIS) prior to the completion of the SPEIS. However, NNSA must make some decisions now regarding LANL to support the safe and successful execution of the laboratory's current missions. It is likely that NNSA will issue other RODs regarding the continued operation of LANL based on the 2008 SWEIS, the SPEIS and other NEPA analyses. NNSA has decided to continue to implement the No Action Alternative with the addition of some elements of the Expanded Operations Alternative. These elements include increases in operation of some existing facilities and new facility projects needed for ongoing programs and protection of workers and the environment. For the most part, NNSA will continue the missions conducted at LANL at current levels at this time. NNSA will also continue to implement actions necessary to comply with the March 2005 Compliance Order on Consent (Consent Order), which requires investigation and remediation of environmental contamination at LANL. NNSA will not change pit production at LANL at this time; the 1999 ROD set pit production at LANL at 20 per year.