September 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing to withdraw the federal antidegradation policy for all waters of the United States within the Commonwealth of Pennsylvania. We will withdraw the federal antidegradation policy to allow Pennsylvania to implement its own antidegradation policy. Pennsylvania has adequately demonstrated that its antidegradation policy protects all waters of the United States within the Commonwealth at a level consistent with the federal requirements. Therefore, the federal antidegradation policy is redundant. In the ``Rules and Regulations'' section of this Federal Register, we are withdrawing the federal antidegradation policy for waters within the Commonwealth of Pennsylvania as a direct final rule without a prior proposed rule. If we received no adverse comment, we will not take further action on this proposed rule.

The Mine Safety and Health Administration (MSHA) is revising the existing standard for the quantity and location of firefighting equipment in underground coal mines to assure that it is readily available to quickly extinguish a fire. In lieu of the existing requirements for rock dust and other firefighting equipment, this final rule allows the use of portable fire extinguishers in working sections of underground anthracite coal mines that have no electrical equipment at the working section and produce less than 300 tons of coal per shift. The rule also requires an additional fire extinguisher in lieu of rock dust at temporary electrical installations in all underground coal mines.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Sections 886 and 892 of the National Defense Authorization Act for Fiscal Year 2008. Section 886 provides authority for DoD to limit competition when acquiring products or services in support of operations in Iraq or Afghanistan. Section 892 addresses competition requirements for the procurement of small arms for assistance to Iraq or Afghanistan.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 883(b) of the National Defense Authorization Act for Fiscal Year 2008. Section 883(b) changed the conditions under which DoD may waive the prohibition on entering into a service contract to acquire a military flight simulator.

EPA is proposing approval of revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management on January 8, 2008. The revisions include modifications to Alabama's Volatile Organic Compounds and Control of Open Burning and Incineration regulations, found at Alabama Administrative Code Chapters 335-3-1 and 335-3-3, respectively. This proposed action is being taken pursuant to section 110 of the Clean Air Act. This SIP revision also contains a letter addressing the requirements of section 110(a)(2)(D)(i), which EPA will consider separately.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This revision pertains to amendments to the regulations for the control of incinerators. This action is being taken under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) Region III is issuing a Notice of Intent to Delete the Berks Landfill Superfund Site (Site) located in Spring Township, Berks County, Pennsylvania, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under CERCLA.

This action will establish Class E airspace at Weiser Municipal Airport, Weiser, ID. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Weiser Municipal Airport, Weiser, ID. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS SIAP at Weiser Municipal Airport, Weiser, ID.

EPA proposes to approve a revision to the Missouri State Implementation Plan (SIP) and Operating Permits Program. EPA proposes to approve a revision to the Missouri rule entitled ``Submission of Emission Data, Emission Fees, and Process Information.'' These revisions will establish emission fees for the Missouri facilities as required annually, align state rule reporting requirements with the Federal Consolidated Emission Reporting Rule, and decrease the required Emissions Inventory Questionnaire reporting frequency for affected installations.

The Bureau of Reclamation is proposing this rule to comply with the requirements of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. The Settlement Act requires that the operating agreement negotiated with the States of California and Nevada for the operation of Truckee River Reservoirs (the five Federal reservoirs in the Truckee River basin) be promulgated as a Federal Regulation.

This rule amends Part 2 of Title 45 of the Code of Federal Regulations, which provides that employees and former employees of the Department of Health and Human Services (HHS or Department) may not provide testimony as part of their official duties in litigation where the United States or a federal agency is not a party, without the approval of the head of the agency. The purpose of these amendments is to modify the definition of ``employee'' contained in 45 CFR part 2. Under these amendments, the definition of employee will be revised to reflect changes in Medicare contracting, including changes brought about by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173). In addition, the definition of employee will be modified to include employees of a state agency performing survey, certification, or enforcement functions under Title XVIII of the Social Security Act or Section 353 of the Public Health Service Act. Further, the definition of employee with respect to employees of entities covered by the Federally Supported Health Centers Assistance Act, as amended, 42 U.S.C. 233(g)-(n) (FSHCAA), will be limited to testimony requested in medical malpractice tort litigation which relates to medical functions performed at a time when the center was covered under FSHCAA.

This proposed rule would amend HUD's regulations governing manufactured homes that are to be the security for Federal Housing Administration (FHA) Title I loans and Title II insured mortgages. The proposed rule would permit, as eligible for FHA insurance, mortgages on manufactured homes to be installed in accordance with the Model Installation Standards, which were the subject of notice and rulemaking that resulted in a final rule published on October 19, 2007. Acceptance of mortgages on these manufactured homes for FHA insurance will provide for greater flexibility of design, thereby permitting additional options for affordable housing. This proposed rule would apply to all newly installed manufactured homes that are to be security for Title I and Title II loans and any manufactured home that has been previously set up and erected at another location and that is to be security for a Title I loan. An existing manufactured home that secures a Title I loan and that has been installed or erected on a homesite in compliance with the manufacturer's requirements for anchoring, support, stability, and maintenance would be exempt from compliance with this proposed rule, unless it is relocated from the site of its original installation after the effective date of this proposed rule.

The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, ``we'') are extending the comment period for proposed regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended.

The Coast Guard proposes to modify the drawbridge operation regulation for the Broadway and Burnside Bridges across the Willamette River, mile 11.7, in Portland, Oregon so that one-hour notice would be required from 8 a.m. to 5 p.m. Monday through Friday and two-hour notice at all other times. The Broadway Bridge would be deleted as a point of contact for upstream vessels, leaving the Hawthorne Bridge as the point of contact for both upstream and downstream travel directions.

NMFS announces that the 2008 summer flounder commercial quota allocated to the State of New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2008, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New York that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by Amendment 80 vessels subject to sideboard limits in the Gulf of Alaska (GOA). This action is necessary because the fourth seasonal apportionment of the 2008 Pacific halibut prohibited species catch (PSC) limit specified for the deep-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached.

This final rule implements a legislative provision on milk substitutes that is consistent with current regulations on menu exceptions for students with disabilities and adds requirements for the optional substitution of nondairy beverage for fluid milk for children with medical or special dietary needs in the National School Lunch Program and the School Breakfast Program. Specifically, this final rule establishes nutrient standards for nondairy beverage alternatives to fluid milk, allows schools to accept a written substitution request from a parent or legal guardian, grants schools discretion to select the acceptable nondairy beverages, and continues to make school food authorities responsible for substitution expenses that exceed the Federal reimbursement. This rule ensures consistency of standards among milk substitutes offered in the school lunch and breakfast programs, and assures that students who consume nondairy beverage alternates receive important nutrients found in fluid milk.

PHMSA is extending the period for public comment to give interested persons an additional 30 days to comment on a proposed rule to amend the Federal Pipeline Safety Regulations to require operators of gas distribution pipelines to develop and implement integrity management (IM) programs.

EPA Region 7 is announcing a change to its procedures for issuing a public notice seeking comment on the Region's disapproval of a submittal by a state of an impaired waters list under Clean Water Act Section 303(d). We intend to provide this public notice on the Internet at https://www.epa.gov/region7 rather than by publication in newspapers of general circulation throughout the state.

This notice announces a fact-finding informal airspace meeting to solicit information from airspace users and others concerning a plan to modify the Class C airspace area at Asheville, NC. The modification would ensure that arriving aircraft are contained within Class C airspace while flying instrument approaches to runways 16 and 34 at the Asheville Regional Airport. The purpose of the meeting is to provide interested parties an opportunity to present views, recommendations, and comments to be considered by the FAA in developing a proposal. All comments received during the meeting will be considered prior to issuance of a notice of proposed rulemaking.

The Commission requests comments on a channel substitution proposed by ZGS Philadelphia, Inc. (``ZGS''), the licensee of WWSI-DT, DTV channel 49, Atlantic City, New Jersey. ZGS requests the substitution of DTV channel 10 for channel 49 at Atlantic City.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires revising the airplane flight manual to include in-flight procedures for pilots to follow in certain cold weather conditions and requires fuel circulation procedures on the ground when certain conditions exist. This AD results from a report of uncommanded reduction in thrust on both engines because of reduced fuel flows. We are issuing this AD to prevent ice from accumulating in the main tank fuel feed system, which, when released, could result in a restriction in the engine fuel system. Such a restriction could result in failure to achieve a commanded thrust, and consequent forced landing of the airplane.

The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the Jacksonville branch office of the Federal Reserve Bank of Atlanta and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Atlanta. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.

PHMSA proposes to revise the Federal pipeline safety regulations to address human factors and other components of control room management. The proposed rules would require operators of hazardous liquid pipelines, gas pipelines, and liquefied natural gas (LNG) facilities to amend their existing written operations and maintenance procedures, operator qualification (OQ) programs, and emergency plans to assure controllers and control room management practices and procedures used maintain pipeline safety and integrity. This proposed rule results from a PHMSA study of controllers and controller performance issues known as the Controller Certification Project (CCERT), a National Transportation Safety Board study, safety- related condition reports, operator visits and inspections, and inquiries. This rule would improve opportunities to reduce risk through more effective control of pipelines and require the human factors management plan mandated by the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act). These regulations would enhance pipeline safety by coupling strengthened control room management, including automated control systems, with improved controller training and qualifications and fatigue management. PHMSA expects these regulations will complement efforts already underway in the pipeline industry to address human factors and control room management, such as the development of new national consensus standards, including an American Petroleum Institute (API) recommended practices on roles and responsibilities, shift operations, management of change, fatigue management, alarm management and SCADA display standard, as well as comparable business practices at some pipeline companies.

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: