October 9, 2008 – Federal Register Recent Federal Regulation Documents

The Commission is adding a new product identified as Global Plus 2 Negotiated Service Agreements to the Mail Classification Schedule Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Re-publication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations describing the categories of actions which do not require an environmental review under the requirements of the National Environmental Policy Act of 1969 (NEPA) because they have no significant effect on the human environment. The proposed revisions would eliminate the preparation of environmental assessments for NRC actions that are minor, administrative, or procedural in nature. The proposed rule would not change any requirements for licensees but would provide for more timely NRC action.

Environmental Protection Agency (EPA) is granting a petition submitted by Lockheed Martin Aeronautics Company to exclude (or delist) the sludge from its wastewater treatment plant generated by Lockheed Martin Aeronautics Company in Fort Worth, Texas from the lists of hazardous wastes. This final rule responds to the petition submitted by Lockheed Martin Aeronautics Company to delist F019 sludge generated from the facility's wastewater treatment plant. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned waste is not hazardous waste. This exclusion applies to 90 cubic yards per year of the F019 sludge. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when it is disposed in a Subtitle D Landfill.

This final rule implements section 726 of the Floyd D. Spence National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2001, which amended 10 U.S.C. 1076c to allow for voluntary disenrollment from the TRICARE Retiree Dental Program (TRDP) in certain circumstances.

This part provides policies and procedures for the Defense Contract Management Agency's (DCMA) implementation of a Privacy Program under the Privacy Act of 1974, as amended.

The Secretary of Transportation (Secretary) is delegating to the Maritime Administrator the authorities of the Secretary under title XI, subtitle C of Public Law 110-140 dated December 19, 2007; and entitled Energy Independence and Security Act of 2007.

This part contains uniform Department of Defense policies for indebtedness of military personnel. This updated rule contains editorial changes only as required for internal Department of Defense mandated reconsideration every five years.

This rule updates responsibilities and procedures to define and reestablish a framework for non-Federal entities (NFEs) (previously called ``private organizations'') authorized to operate on DoD installations. It requires the Heads of DoD Components to conduct periodic reviews of facilities, programs, services, and membership provisions of NFEs operating on DoD installations and authorizes installation commanders or higher authority to determine if an NFE detracts from DoD programs and to eliminate duplication. The rule also identifies those NFEs having statutory authorization for particular support and restates DoD policy on sponsorship of NFEs by DoD personnel acting in an official capacity, specifically as it applies to chartering Boy Scout organizations authorized to operate on DoD installations.

This document contains a correction to temporary regulations (TD 8073) that were published in the Federal Register on Tuesday, February 4, 1986 (51 FR 4312) relating to effective dates and certain other issues arising under sections 91, 223, and 511-561 of the Tax Reform Act of 1984. This action is necessary because of changes to the applicable tax law made by the Tax Reform Act of 1984. The temporary regulations will affect qualified employee benefit plans, welfare benefit funds and employees receiving benefits through such plans.

The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on August 14, 2008, adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. This document corrects omissions in that final rule and amends the Rules of Practice for consistency with the final rule.

The Coast Guard establishes a safety zone, on the navigable waters of Lake Moolvalya region on the lower Colorado River, in support of the Bluewater Resort and Casino `300' Enduro. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

EPA is proposing to approve revisions to the Louisiana State Implementation Plan (SIP) concerning maintenance plans addressing the 1997 8-hour ozone standard for the parishes of Calcasieu and St. James. On July 20, 2007 and August 24, 2007, the State of Louisiana submitted separate SIP revisions containing maintenance plans for the 1997 ozone standard for Calcasieu and St. James Parishes, respectively. These plans ensure the continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. These maintenance plans meet the statutory and regulatory requirements, and are consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the Federal Clean Air Act (CAA). On March 12, 2008, EPA issued a revised ozone standard. Today's action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the areas under the 2008 standard will be addressed in future actions.

The purpose of this interim final rule is to solicit recommendations for short sea transportation routes to be designated as Marine Highway Corridors and to solicit applications from interested parties to participate in a short sea transportation Project, as required by section 55605(c) of Public Law 110-140, the Energy Independence and Security Act of 2007. Section 55601(d) specifically states, that ``[t]he Secretary may designate a project to be a short sea transportation project if the Secretary determines that the project mayoffer a waterborne alternative to available landside transportation services using documented vessels; and provide transportation services for passengers or freight (or both) that may reduce congestion on landside infrastructure using documented vessels.'' Further, section 55605 defines short sea transportation as meaning ``the carriage by vessel of cargo that is contained in intermodal cargo containers and loaded by crane on the vessel or loaded on the vessel by means of wheeled technology; and that is loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.'' Section 55605(c) directs the Secretary of Transportation to promulgate interim regulations not later than 90 days after the date of enactment of this Act. The Secretary of Transportation will delegate authority to the Maritime Administrator to administer this program. Final regulations are to be issued no later than October 1, 2008. The program established in Section 55605 will be titled ``America's Marine Highway Program.'' A final regulation will be published following this public comment period. Solicitations from applicants desiring Marine Highway Project designation will be initiated through notification in the Federal Register at a future date.

On August 12, 2008, the Office of Management and Budget (OMB) approved the information collection contained in Sec. 12.3 of the Federal Communications Commission's rules, regarding 911 and E911 analyses and reports, as adopted by the Federal Communications Commission (Commission) in its Order addressing the report and recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks. 72 FR 37655, July 11, 2007. The effective date for Sec. 12.3 of the Commission's rules was deferred until OMB approved this information collection. In this document, the Commission provides notice that Sec. 12.3 of the Commission's rules is effective on October 9, 2008.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 767-200, -300, and -400ER series airplanes. That AD currently requires an inspection to determine if the door-mounted escape slide/rafts have certain part numbers. This new AD does not retain that requirement. This new AD continues to require an inspection for excessive tension of the firing cable, and procedures for providing slack in the firing cable or rerouting the firing cable if necessary. For certain airplanes, this new AD also requires a review of the airplane maintenance records to determine if a certain service bulletin has been incorporated, or an inspection to determine if certain door-mounted escape slide/rafts are installed. This new AD also requires modification of certain escape slide/rafts. This AD results from reports of uncommanded inflation inside the airplane of a door-mounted escape slide/raft located in the passenger compartment. We are issuing this AD to prevent injury to maintenance personnel, passengers, and crew during otherwise normal operating conditions and to prevent interference with evacuation of the airplane during an emergency, due to uncommanded inflation of a door-mounted escape slide/raft.

The FAA is adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model 390 airplanes. This AD requires you to modify the cabin barometric pressure switch and cabin altitude high switch installations and perform a functional test of the switches and related systems. This AD results from the possibility of barometric pressure switch electrical connections being incorrectly connected or inadvertently disconnected. We are issuing this AD to modify the cabin barometric pressure switch and cabin altitude high switch to prevent them from becoming incorrectly connected or inadvertently disconnected, which may result in no CABIN ALT HI annunciation in the cockpit and no automatic deployment of the cabin oxygen masks. This failure could lead to incapacitation of the crew due to hypoxia with possible inability to control the airplane.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 737-600, -700, and -800 series airplanes. That AD currently requires repetitive inspections to detect damage of the aft strut insulation blanket, and eventual replacement of the insulation blankets with new, improved blankets. This new AD adds airplanes to the applicability and requires installation of a new heat insulation blanket and new cover plate on the left and right side engine struts. This new AD does not retain the requirements of the existing AD but does terminate the requirements of the existing AD. This AD results from reports of damaged heat insulation blankets on the engine struts. We are issuing this AD to prevent exposure of the lower surface of the strut to extreme high temperatures, consequent creation of a source of fuel ignition, and increased risk of an uncontrollable fire and possible fuel tank explosion.

On September 18, 1990, the Nuclear Regulatory Commission (NRC or Commission) issued a decision reaffirming and revising, in part, the five Waste Confidence findings reached in its 1984 Waste Confidence Decision. The 1984 decision and the 1990 review were products of rulemaking proceedings designed to assess the degree of assurance that radioactive wastes generated by nuclear power plants can be safely disposed of, to determine when such disposal or offsite storage would be available, and to determine whether radioactive wastes can be safely stored onsite past the expiration of existing facility licenses until offsite disposal or storage is available. The Commission has decided to again undertake a review of its Waste Confidence findings as part of an effort to enhance the efficiency of combined operating license proceedings for applications for nuclear power plants anticipated in the near future. To assure that its Waste Confidence findings are up- to-date, the Commission has prepared an update of the findings and proposes to revise two of the findings. The purpose of this notice is to seek public comment on the update and the proposed revisions. The Commission proposes that the second and fourth findings in the Waste Confidence Decision be revised as follows: Finding 2: The Commission finds reasonable assurance that sufficient mined geologic repository capacity can reasonably be expected to be available within 50-60 years beyond the licensed life for operation (which may include the term of a revised or renewed license) of any reactor to dispose of the commercial high-level radioactive waste and spent fuel originating in such reactor and generated up to that time. Finding 4: The Commission finds reasonable assurance that, if necessary, spent fuel generated in any reactor can be stored safely without significant environmental impacts for at least 60 years beyond the licensed life for operation (which may include the term of a revised or renewed license) of that reactor in a combination of storage in its spent fuel storage basin and either onsite or offsite independent spent fuel storage installations. The Commission proposes to reaffirm the remaining findings. Each finding, any proposed revisions, and the reasons for revising or reaffirming them are discussed below. In keeping with the proposed revised Findings 2 and 4, the Commission is publishing concurrently in this issue of the Federal Register proposed conforming amendments to its 10 CFR part 51 rule providing its generic determination on the environmental impacts of storage of spent fuel at, or away from, reactor sites after the expiration of reactor operating licenses.

This action proposes Performance Specification 17, ``Specifications and Test Procedures for Continuous Parameter Monitoring Systems at Stationary Sources'' and Procedure 4, ``Quality Assurance Requirements for Continuous Parameter Monitoring Systems at Stationary Sources.'' The proposed performance specification and quality assurance requirements establish procedures and other requirements to ensure that the systems are properly selected, installed, and placed into operation. This action also proposes minor amendments to Procedure 1 of the ``Quality Assurance Requirements for Gas Continuous Emission Monitoring Systems Used for Compliance Determinations'' to address continuous emissions monitoring systems that are used for monitoring multiple pollutants. Minor changes to the General Provisions for the Standards of Performance for New Stationary Sources, the National Emission Standards for Hazardous Air Pollutants, and the National Emission Standards for Hazardous Air Pollutants for Source Categories are also proposed to ensure consistency between the proposed Performance Specification 17, Procedure 4, and the General Provisions and to clarify that Performance Specification 17 and Procedure 4 apply instead of requirements that pertain specifically to continuous parameter monitoring systems. Finally, this action proposes amendments to the current national emission standards for closed vent systems, control devices and recovery systems to ensure consistency with Performance Specification 17 and Procedure 4. These actions are needed to establish consistent requirements for ensuring and assessing the quality of data measured by continuous parameter monitoring systems and to provide quality assurance procedures for continuous emission monitoring systems used to monitor multiple pollutants.

OSHA is proposing a rule to protect employees from the hazards associated with hoisting equipment when used to perform construction activities. Under this proposed rule, employers would first determine whether the ground is sufficient to support the anticipated weight of hoisting equipment and associated loads. The employer then would be required to assess hazards within the work zone that would affect the safe operation of hoisting equipment, such as those of power lines and objects or personnel that would be within the work zone or swing radius of the hoisting equipment. Finally, the employer would be required to ensure that the equipment is in safe operating condition via required inspections and employees in the work zone are trained to recognize hazards associated with the use of the equipment and any related duties that they are assigned to perform.