October 1, 2008 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2008-10-01-ReaderAids
Type: Reader Aids
Date: 2008-10-01
National Hunting and Fishing Day, 2008
Document Number: E8-23326
Type: Proclamation
Date: 2008-10-01
Agency: Executive Office of the President, Presidential Documents
Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Correction
Document Number: E8-23253
Type: Rule
Date: 2008-10-01
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the August 8, 2008 Federal Register entitled, ``Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2009.''
Amendments to Executive Order 12962
Document Number: E8-23235
Type: Executive Order
Date: 2008-10-01
Agency: Executive Office of the President, Presidential Documents
To Implement Amendments to the Burmese Freedom and Democracy Act of 2003
Document Number: E8-23233
Type: Proclamation
Date: 2008-10-01
Agency: Executive Office of the President, Presidential Documents
Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding
Document Number: E8-23184
Type: Proposed Rule
Date: 2008-10-01
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the use of musical works in limited downloads, interactive streaming and incidental digital phonorecord deliveries.
List of Programs Eligible for Inclusion in Fiscal Year 2009 Funding Agreements To Be Negotiated With Self-Governance Tribes
Document Number: E8-23175
Type: Notice
Date: 2008-10-01
Agency: Department of the Interior, Minerals Management Service
This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2009 funding agreements with self-governance tribes and lists programmatic targets according to section 405(c)(4) of the Tribal Self-Governance Act.
Ocean Transportation Intermediary License Reissuances
Document Number: E8-23162
Type: Notice
Date: 2008-10-01
Agency: Federal Maritime Commission, Agencies and Commissions
Initiation of Five-Year (“Sunset”) Review
Document Number: E8-23161
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, International Trade Administration
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty order listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order.
Ocean Transportation Intermediary License; Revocations
Document Number: E8-23154
Type: Notice
Date: 2008-10-01
Agency: Federal Maritime Commission, Agencies and Commissions
New Creek Site 14 Rehabilitation Project, New Creek-Whites Run Subwatershed of the Potomac River Watershed, Grant County, WV
Document Number: E8-23153
Type: Notice
Date: 2008-10-01
Agency: Department of Agriculture, Natural Resources Conservation Service
Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the New Creek Site 14 Rehabilitation Project of the New CreekWhites Run Subwatershed of the Potomac River Watershed, Grant County, West Virginia.
Network Affiliated Stations Alliance (NASA) Petition for Inquiry Into Network Practices and Motion for Declaratory Ruling
Document Number: E8-23152
Type: Rule
Date: 2008-10-01
Agency: Federal Communications Commission, Agencies and Commissions
NASA and the Networks request that the Commission affirm a number of basic principles relating to the Commission rules governing network/affiliate relationships to avoid future disputes. Since that time, each of the Networks engaged in constructive discussions with its respective affiliates and revised its current standard affiliation agreement to address the central issues raised by NASA. Accordingly, NASA and the Networks agree that a Commission ruling with respect to those particular contract provisions is no longer necessary. Pursuant to the Commission's rules, we grant NASA's request for declaratory ruling in part and grant the Joint Request in full.
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of New Shipper Reviews
Document Number: E8-23150
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the ``Department'') has determined that two requests for new shipper reviews of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam, received on August 8, 2008, and August 26, 2008, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') of these two new shipper reviews is August 1, 2007, through July 31, 2008.
Agency Information Collection Activities; Proposed Collection; Comment Request; Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) Programs; EPA ICR No. 1613.03, OMB Control No. 2060-0252
Document Number: E8-23148
Type: Notice
Date: 2008-10-01
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on February 28, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Culturally Significant Objects Imported for Exhibition Determinations: “Beadwork Storytellers, A Visual Language”
Document Number: E8-23147
Type: Notice
Date: 2008-10-01
Agency: Department of State
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 ``Beadwork Storytellers, A Visual Language,'' 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 owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Cherokee Heritage Center, Tahlequah, OK, from on or about October 11, 2008, until on or about April 19, 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Motor Vehicle Emissions and Fuel Economy Compliance: Light Duty Vehicles, Light Duty Trucks, and Highway Motorcycles (Renewal); EPA ICR No. 0783.54, OMB Control No. 2060-0104
Document Number: E8-23146
Type: Notice
Date: 2008-10-01
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Notice of Agreement Filed
Document Number: E8-23145
Type: Notice
Date: 2008-10-01
Agency: Federal Maritime Commission, Agencies and Commissions
National Biodefense Science Board; Notification of a Public Teleconference
Document Number: E8-23144
Type: Notice
Date: 2008-10-01
Agency: Department of Health and Human Services
As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Services is hereby giving notice that the National Biodefense Science Board (NBSB) will be holding a public teleconference. The meeting is open to the public.
Ocean Transportation Intermediary License Applicants
Document Number: E8-23143
Type: Notice
Date: 2008-10-01
Agency: Federal Maritime Commission, Agencies and Commissions
De Minimis U.S. Content in Foreign Made Items
Document Number: E8-23142
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Department of Commerce is revising the provisions of the Export Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR's ``de minimis'' rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is bundled with U.S.- origin software. This rule also clarifies the definition of `incorporate' as it is applied to the de minimis rules and to the medical statement of understanding. This rule also removes the requirement to submit a one-time report to the Bureau of Industry and Security for foreign-made software that incorporates U.S.-origin software. In addition, this rule revises the ``Steps for Using the EAR'' and General Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions with other revisions made by this rule.
Federal Council on the Arts and the Humanities; Meeting of Arts and Artifacts Indemnity Panel
Document Number: E8-23141
Type: Notice
Date: 2008-10-01
Agency: The National Foundation on the Arts and the Humanities, National Foundation on the Arts and the Humanities, Agencies and Commissions
The Women-Owned Small Business Federal Contract Assistance Procedures
Document Number: E8-23139
Type: Proposed Rule
Date: 2008-10-01
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) is seeking comments on a data issue involving the Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures authorized under Section 8(m) of the Small Business Act. Specifically, SBA is seeking comments on two data sets: the Central Contractor Registration (CCR) data set which was used in the RAND report and the proposed rule for the WOSB Federal Contract Assistance Procedures to determine the representation of WOSBs in Federal procurement in the various industries and a non- public Survey of Business Owners (SBO) data set from the Economic Census, which was not previously used in the RAND report or the proposed rule to determine the representation of WOSBs in Federal procurement in the various industries. This request for comments is intended to stimulate dialogue on available data sets and the comments will be evaluated to determine which data set will provide the soundest basis to identify industries in which WOSBs are underrepresented in Federal procurement.
The Women-Owned Small Business Federal Contract Assistance Procedures
Document Number: E8-23138
Type: Rule
Date: 2008-10-01
Agency: Small Business Administration, Agencies and Commissions
This final rule amends the U.S. Small Business Administration (SBA) regulations governing small business contracting programs to set forth procedures that will govern the new Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures as authorized in the Small Business Act.
Community Development Financial Institutions (CDFI) Fund
Document Number: E8-23137
Type: Notice
Date: 2008-10-01
Agency: Department of the Treasury, Department of Treasury
Subject to funding availability, this NOFA is issued in connection with the FY 2009 funding round of the NACA Program.
Andean Trade Preference Act (ATPA), as Amended: Notice Regarding Eligibility of Bolivia
Document Number: E8-23136
Type: Notice
Date: 2008-10-01
Agency: Office of the United States Trade Representative, Trade Representative, Office of United States, Executive Office of the President
This notice announces the President's proposed action to suspend Bolivia's designation as a beneficiary country under the Andean Trade Preference Act (ATPA), as amended, and the Andean Trade Promotion and Drug Eradication Act of 2002 (ATPDEA), based on the Bolivian government's failure to meet the programs' counternarcotics cooperation criteria. The President has directed the U.S. Trade Representative to publish this notice and, in accordance with the statute, the U.S. Trade Representative seeks public comment and will hold a public hearing on the proposed action. Comments must be submitted in accordance with the requirements set forth below.
SFIREG Working Committee on Water Quality and Pesticide Disposal; Notice of Public Meeting
Document Number: E8-23133
Type: Notice
Date: 2008-10-01
Agency: Environmental Protection Agency
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Water Quality and Pesticide Disposal (WQPD) will hold a 2-day meeting, beginning on October 27, 2008 and ending October 28, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
Notice of Realty Action: Lease/Conveyance for Recreation and Public Purposes of Public Lands in Clark County, NV
Document Number: E8-23129
Type: Notice
Date: 2008-10-01
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) has received a request for lease and subsequent conveyance of approximately 19.375 acres of public land in the City of Las Vegas, Clark County, Nevada, under the Recreation and Public Purposes (R&PP) Act. The Regional Transportation Commission of Southern Nevada (RTC) proposes to use the land for a public Park and Ride bus facility.
National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings
Document Number: E8-23128
Type: Notice
Date: 2008-10-01
Agency: Department of Health and Human Services, National Institutes of Health
Notice of Public Meeting: Sierra Front-Northwestern Great Basin Resource Advisory Council, Northeastern Great Basin Resource Advisory Council, and Mojave-Southern Great Basin Resource Advisory Council, Nevada
Document Number: E8-23126
Type: Notice
Date: 2008-10-01
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), the Department of the Interior, Bureau of Land Management (BLM) Nevada's three Resource Advisory Council will hold a joint meeting.
Mississippi Division; Notice To Rescind a Notice of Intent To Prepare an Environmental Impact Statement (EIS): Hinds and Madison Counties, MS
Document Number: E8-23124
Type: Notice
Date: 2008-10-01
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public that the Notice of Intent published on August 10, 2007 to prepare an Environmental Impact Statement (EIS) for a proposed Interstate type facility connecting I-55 with I-20 through Hinds and Madison counties is being rescinded.
Environmental Impact Statement: Cambria County, PA
Document Number: E8-23123
Type: Notice
Date: 2008-10-01
Agency: Federal Highway Administration, Department of Transportation
This notice rescinds the previous Notice of Intent (issued July 14, 2001) to prepare an Environmental Impact Statement for improvements to State Route 56 through West End of Johnstown, Pennsylvania. Studied improvements extended from the east of Minersville to north of Oakhurst through Johnstown, Tannerville Coopersdale, Morrelville, Cambria City, and Minersville.
Preparation for International Conference on Harmonization Meetings in Brussels, Belgium; Public Meeting; Correction
Document Number: E8-23120
Type: Notice
Date: 2008-10-01
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing a correction to the notice of a public meeting entitled ``Preparation for International Conference on Harmonization Meetings in Brussels, Belgium; Public Meeting.'' This meeting was announced in the Federal Register of September 16, 2008 (73 FR 53428). The correction is being made to reflect changes in the Summary, Date and Time, Location, Contact Person, Background, and Agenda portions of the document.
Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements
Document Number: E8-23119
Type: Rule
Date: 2008-10-01
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Selawik National Wildlife Refuge, Kotzebue, AK
Document Number: E8-23118
Type: Notice
Date: 2008-10-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a revised Comprehensive Conservation Plan (CCP) and environmental assessment (EA) for Selawik National Wildlife Refuge (Selawik Refuge, Refuge). We furnish this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. We will use local announcements, special mailings, newspaper articles, the Internet, and other media announcements to inform people of opportunities to provide input throughout the planning process. We will hold public meetings in communities within and near Selawik Refuge during preparation of the revised plan.
Sea Turtle Conservation; Shrimp Trawling Requirements
Document Number: E8-23117
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters offshore of Louisiana (from the Mississippi/Louisiana boundary to the Texas/ Louisiana boundary) extending offshore 20 nautical miles. This action is necessary because environmental conditions resulting from Hurricanes Gustav and Ike are preventing some fishermen from using TEDs effectively.
Introduction of New Application for Investment Assistance (Form ED-900)
Document Number: E8-23116
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, Economic Development Administration
The Economic Development Administration (EDA) publishes this notice to introduce its new Application for Investment Assistance (Form ED-900). Previously, applicants were required to complete and submit a Pre-Application for Investment Assistance (Form ED-900P), followed by an Application for Investment Assistance (Form ED-900A) if EDA deemed that the proposed project merited further consideration. In addition, applicants were required to submit additional application forms to address EDA's programmatic requirements, depending on the type of funding assistance sought. The new Form ED-900 consolidates all EDA- specific requirements into a single application form. EDA will continue to require additional government-wide federal grant assistance forms from the Standard Form 424 family as part of the application package. This change, which is effective November 1, 2008, is prospective and will not affect previously submitted applications or require the submission of new application packages.
Satellite Communications
Document Number: E8-23115
Type: Rule
Date: 2008-10-01
Agency: Federal Communications Commission, Agencies and Commissions
National Cancer Institute; Notice of Closed Meetings
Document Number: E8-23114
Type: Notice
Date: 2008-10-01
Agency: Department of Health and Human Services, National Institutes of Health
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: E8-23113
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 Pacific cod sideboard limit established for non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.
Notice of Public Meeting: Recreation Subcommittee of the Sierra Front-Northwestern Great Basin, Northeastern Great Basin, and Mojave-Southern Great Basin Resource Advisory Councils, Nevada
Document Number: E8-23112
Type: Notice
Date: 2008-10-01
Agency: Department of Agriculture, Forest Service, Department of the Interior, Bureau of Land Management
In accordance with the Federal Lands Recreation Enhancement Act of 2004 (FLREA) (Pub. L. 108-447), the Recreation Subcommittee of the Bureau of Land Management's (BLM) Nevada Resource Advisory Committees will hold a meeting to discuss fee proposals to increase fees at campgrounds managed by the Forest Service in the Ely area, increase fees at Red Rock Canyon National Conservation Area, and to initiate a meeting room reservation fee at the California National Historic Trail Interpretive Center managed by the BLM Nevada Elko District Office.
Agency Information Collection Activities: Notice of Request for Renewal of Two Previously Approved Information Collection
Document Number: E8-23111
Type: Notice
Date: 2008-10-01
Agency: Federal Highway Administration, Department of Transportation
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew two information collections, which are summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Interest Rates
Document Number: E8-23110
Type: Notice
Date: 2008-10-01
Agency: Small Business Administration, Agencies and Commissions
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E8-23109
Type: Notice
Date: 2008-10-01
Agency: Department of Transportation, Maritime Administration
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0092 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E8-23108
Type: Notice
Date: 2008-10-01
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0091 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.
Roundtable on Modernizing the SEC's Disclosure System
Document Number: E8-23105
Type: Notice
Date: 2008-10-01
Agency: Securities and Exchange Commission, Agencies and Commissions
On October 8, 2008 from 9 a.m. to 1 p.m., the Securities and Exchange Commission will hold a roundtable to discuss ways in which its current disclosure system can be modernized to provide investors more useful and timely information to help them make investment choices. The roundtable will be organized as two panels. The panels will be moderated by Commission staff and will include investor representatives, company officials, information intermediaries, practitioners, and academics. The roundtable is part of the Commission's 21st Century Disclosure Initiative. The roundtable will be held in the auditorium of SEC headquarters at 100 F Street, NE., Washington, DC, from 9 a.m. until approximately 1 p.m. The roundtable will be open to the public with seating on a first- come, first-served basis. The roundtable discussions will be Webcast on the Commission's Web site at https://www.sec.gov. The roundtable agenda and other related materials, including a list of participants and moderators, will be accessible at https://www.sec.gov/ disclosureinitiative. The Commission welcomes comments regarding any of the topics to be addressed at the roundtable and is particularly interested in comments responding to the questions that are set forth below.
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