October 10, 2008 – Federal Register Recent Federal Regulation Documents

Tuberculosis in Cattle and Bison; State and Zone Designations; Minnesota
Document Number: E8-24223
Type: Rule
Date: 2008-10-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations to recognize Minnesota for split-State status for tuberculosis. The entire State of Minnesota has been classified as modified accredited; however, all its affected herds are located in portions of four counties in the northwest corner of the State. We have determined that Minnesota meets our requirements for zone classification. Therefore, we are removing Minnesota from the list of modified accredited States, adding an area in the northwest corner to the list of modified accredited zones, and adding the remainder of the State to the list of modified accredited advanced zones. This action relieves restrictions on the interstate movement of cattle and bison from areas of Minnesota other than the modified accredited zone in the northwest corner.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Reporting Requirements and Conservation Measures
Document Number: E8-24201
Type: Rule
Date: 2008-10-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is announcing that the information collection and reporting requirement was approved by the Office of Management and Budget (OMB).
Request for Information Regarding Sections 101 Through 104 of the Genetic Information Nondiscrimination Act of 2008
Document Number: E8-24194
Type: Proposed Rule
Date: 2008-10-10
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document is a request for comments regarding issues under sections 101 through 104 of the Genetic Information Nondiscrimination Act of 2008 (GINA). The Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments) have received inquiries from the public on a number of issues under these provisions and are welcoming public comments in advance of future rulemaking.
Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales
Document Number: E8-24177
Type: Rule
Date: 2008-10-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS establishes regulations to implement speed restrictions of no more than 10 knots applying to all vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The purpose of the regulations is to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E8-24161
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Airbus Model A300 Airplanes; Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes); and Model A310 Airplanes
Document Number: E8-24151
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all of the airplanes identified above. The existing AD currently requires revising the FAA-approved maintenance program to include a new airplane maintenance manual task that specifies a detailed inspection after each ram air turbine (RAT) retraction. That existing AD also currently requires, for certain airplanes, a one-time inspection to detect breaks in the bottom flange fitting of the RAT and corrective actions, if necessary; for certain airplanes, an adjustment of the ejection jack; and, for certain other airplanes, replacement of the aluminum part with an improved steel part. This proposed AD also would continue to require certain actions for additional airplanes and would revise the FAA-approved maintenance program to include procedures for replacing the RAT swivel coupling fork fitting with a new steel part only. This proposed AD results from a report that an additional swivel coupling of the RAT yoke fitting was found cracked while accomplishing the requirements of the existing AD. We are proposing this AD to prevent misrigging of the ejection jack of the RAT and to ensure removal of any RAT yoke fitting made from aluminum material. Such conditions could result in a broken or cracked swivel coupling and consequent failure of the RAT yoke fitting, which could result in the loss of RAT function and possible loss of critical flight control systems in the event of certain emergency situations.
Airworthiness Directives; Piper Aircraft, Inc. Models PA-46-350P, PA-46R-350T, and PA-46-500TP Airplanes
Document Number: E8-24136
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (Piper) Models PA-46-350P, PA-46R-350T, and PA-46-500TP airplanes. This proposed AD would require you to install a stall warning heat control modification kit. This proposed AD results from ice forming on the stall vane heater during flights into icing conditions with the landing gear down. We are proposing this AD to prevent ice from forming on the stall vane, which may result in failure of the stall warning system. This failure could result in the pilot being unaware of an approaching stall situation.
Beef Promotion and Research; Reapportionment
Document Number: E8-24115
Type: Rule
Date: 2008-10-10
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule adjusts representation on the Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act (Act) of 1985, to reflect changes in cattle inventories and cattle and beef imports that have occurred since the most recent Board reapportionment rule became effective in February of 2005. These adjustments are required by the Beef Promotion and Research Order (Order) and will result in an increase in Board membership from 104 to 106, effective with the Department of Agriculture's (Department) appointments for terms beginning early in the year 2009.
Proposed Flood Elevation Determinations
Document Number: E8-24089
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
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.
Changes in Flood Elevation Determinations
Document Number: E8-24082
Type: Rule
Date: 2008-10-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
Final Flood Elevation Determinations
Document Number: E8-24079
Type: Rule
Date: 2008-10-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Suspension of Community Eligibility
Document Number: E8-24075
Type: Rule
Date: 2008-10-10
Agency: Federal Emergency Management Agency, Department of Homeland Security
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 that 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 of this will be provided by publication in the Federal Register on a subsequent date.
Congestion Management Rule for LaGuardia Airport
Document Number: E8-24048
Type: Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
Today the FAA is publishing a final rule to address congestion at New York's LaGuardia Airport (LaGuardia). The rule grandfathers the majority of operations at the airport and will develop a robust secondary market by annually auctioning off a limited number of slots; the FAA plans to use the proceeds from the auctions to mitigate congestion and delay in the New York City area. In addition, the hourly cap on scheduled operations will be reduced to 71 per hour during the regulated hours. This reduction will lead to an estimated 41 percent reduction in modeled delay at the airport. This rule also contains provisions for use-or-lose, unscheduled operations, and withdrawal for operational need. The rule will sunset in ten years.
Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport
Document Number: E8-24046
Type: Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes procedures to address congestion in the New York City area by assigning slots at John F. Kennedy (JFK) and Newark Liberty (Newark) International Airports in a way that allows carriers to respond to market forces to drive efficient airline behavior. The rule also extends the caps on the operations at the two airports, assigns to existing operators the majority of slots at the airports, and develops a robust secondary market by annually auctioning off a limited number of slots in each of the first five years of this rule. Auction proceeds will be used to mitigate congestion and delay in the New York City area. The rule also contains provisions for minimum usage, capping unscheduled operations, and withdrawal for operational need. The rule will sunset in ten years.
Flood Insurance
Document Number: E8-24043
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Housing Enterprise Oversight Office, Department of Housing and Urban Development, Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is requesting public comments on issuance of a proposed Flood Insurance regulation. The proposed regulation would codify the authority and responsibility of FHFA to oversee and enforce the statutory requirements affecting the operations of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation under the Flood Disaster Protection Act of 1973, as amended, and to effect congressionally mandated adjustments to the civil money penalties applicable to violations of that law.
Pesticide Tolerance Nomenclature Changes; Technical Amendments
Document Number: E8-24027
Type: Rule
Date: 2008-10-10
Agency: Environmental Protection Agency
This document makes minor technical revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subparts A, C, and E. EPA is taking this action to establish a uniform listing of commodity terms throughout part 180.
Data Requirements for Antimicrobial Pesticides; Notice of Public Workshop
Document Number: E8-24025
Type: Proposed Rule
Date: 2008-10-10
Agency: Environmental Protection Agency
EPA is convening a public workshop to explain the provisions of its recently proposed rule to update and revise the data requirements for registration of antimicrobial pesticides. The workshop is intended to provide an opportunity for members of the public to ask questions about the proposed rule and seek any clarification they believe may assist them in submitting comments to the docket for the proposed rule. Any person wishing to comment on the proposed rule must submit any comments to the docket within the timeframe set forth in the Notice of Proposed Rulemaking.
Consumer and Governmental Affairs Bureau Modifies Cost Submission Timeframes Associated With Implementation of the Numbering System for Internet-Based Telecommunications Relay Services (TRS)
Document Number: E8-24006
Type: Rule
Date: 2008-10-10
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Consumer and Governmental Affairs Bureau (Bureau) modifies the filing timeframes in which Video Relay Service (VRS) and Internet Protocol (IP) Relay providers requesting compensation from the Interstate TRS Fund (Fund) must submit their initial filing for costs associated with implementation of the numbering system for Internet-based TRS.
Mortgagee Review Board (MRB); Amendments to the MRB Regulations
Document Number: E8-23878
Type: Rule
Date: 2008-10-10
Agency: Department of Housing and Urban Development
This final rule makes changes to the Department's Mortgagee Review Board (Board) regulations to clarify and better reflect statutory directives and amend current practice, and to modify the Board's procedures governing hearings. This rule also removes provisions that unnecessarily duplicate the authorizing statute and clarifies the authority and duties of the Board in taking administrative action against mortgagees approved by the Federal Housing Administration. This rule separates and clarifies the grounds for administrative action and the factors considered by the Board in evaluating whether to take administrative action, as well as requiring the mortgagee to address these factors in its response to the Board's notice of violation. This rule follows publication of a March 28, 2008, proposed rule on which HUD received one public comment. At this final rule stage, HUD has decided to adopt the proposed rule with minor changes, as described below.
Land Withdrawals; Removal of Regulations Covering Emergency Withdrawals
Document Number: E8-23823
Type: Proposed Rule
Date: 2008-10-10
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
This proposed rule would remove regulations that provide for emergency withdrawals. These regulations are redundant, since public lands can be protected without substantial delay via conventional withdrawal procedures, without recourse to the regulations providing for emergency withdrawals. Moreover, constitutional issues may arise whenever a Congressional committee directs the Secretary of the Interior (Secretary) to withdraw lands immediately.
Trichinae Certification Program
Document Number: E8-23678
Type: Rule
Date: 2008-10-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations to establish a voluntary Trichinae Certification Program for U.S. pork that has been produced under disease-prevention conditions. Under the program, we will certify pork production sites that follow prescribed good production practices that reduce, eliminate, or avoid the risk of exposure of swine to zoonotic parasites of the genus Trichinella. Such a program should enhance the ability of producers to export pork and pork products to overseas markets. This program has been developed as a cooperative effort by the U.S. Department of Agriculture, the National Pork Board, and the pork processing industry. This program will include those producers who choose to participate in the program, as well as slaughter facilities and other persons that handle or process swine from pork production sites that have been certified under the program.
Sales of Electric Power to the Bonneville Power Administration; Revisions to Average System Cost Methodology
Document Number: E8-23676
Type: Rule
Date: 2008-10-10
Agency: Department of Energy, Federal Energy Regulatory Commission
The Bonneville Power Administration (Bonneville) has submitted for the Federal Energy Regulatory Commission (Commission)'s approval a new methodology for determining the average system cost (ASC) of a utility's resources under the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act). Bonneville requested that the Commission revise its regulations to incorporate the new methodology and to make the revised regulations effective October 1, 2008. On an interim basis, the Commission is conditionally revising its regulations governing the ASC methodology used by Bonneville in its Residential Exchange Program. The Commission also is requesting comments on whether, on a final basis, the Commission should approve the new ASC methodology proposed by Bonneville.
Airworthiness Directives; MD Helicopters, Inc. Model 600N Helicopters
Document Number: E8-23540
Type: Rule
Date: 2008-10-10
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 600N helicopters. The AD currently requires modifying the fuselage aft section within the next 24 months to strengthen the tailboom attachment fittings and upper longerons. This amendment retains the current required modification and adds the following requirements: Repetitively inspecting the tailboom attachment fittings; installing inspection holes and attachment bolt washers; modifying both access covers; and replacing broken attachment bolts. These additional requirements were inadvertently omitted from the current AD. This amendment is prompted by the need to correct our mistake and continue the repetitive inspections of the tailboom attachment fittings until the fuselage aft section is modified. This series of ADs is prompted by an accident due to failure of the tailboom attach points resulting in loss of control of the helicopter. The actions specified by this AD are intended to prevent failure of the tailboom attachment fittings, separation of the tailboom from the helicopter, and subsequent loss of control of the helicopter.
Standards of Care for Chimpanzees Held in the Federally Supported Chimpanzee Sanctuary System
Document Number: E8-23518
Type: Rule
Date: 2008-10-10
Agency: Department of Health and Human Services
The National Institutes of Health (NIH) is issuing standards to implement provisions of the Chimpanzee Health Improvement, Maintenance, and Protection Act (CHIMP Act) authorizing the Secretary of the Department of Health and Human Services (HHS) to develop and publish standards of care for chimpanzees held in the sanctuary system supported by federal funds authorized under the CHIMP Act. This regulation applies to only those facilities receiving federal funds as a part of the federally funded chimpanzee sanctuary system.
Freedom of Information Act
Document Number: E8-23517
Type: Proposed Rule
Date: 2008-10-10
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is proposing a regulation and soliciting comments on implementation of the Freedom of Information Act (FOIA) (U.S.C. 552), establishing procedures for public disclosure of information required to be disclosed under the FOIA, and procedures to protect from disclosure business confidential and trade secret information, as appropriate.
National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Epichlorohydrin Elastomers Production, HypalonTM
Document Number: E8-23373
Type: Proposed Rule
Date: 2008-10-10
Agency: Environmental Protection Agency
This proposed action requests public comment on the residual risk and technology reviews for nine industrial source categories regulated by five national emission standards for hazardous air pollutants. The five national emission standards and nine source categories include: National Emissions Standards for Group I Polymers and Resins (Epichlorohydrin Elastomers Production, HypalonTM Production, Nitrile Butadiene Rubber Production, Polybutadiene Rubber Production, and Styrene Butadiene Rubber and Latex Production); National Emission Standards for Marine Vessel Loading Operations; National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production; National Emission Standards for Pharmaceuticals Production; and National Emission Standards for the Printing and Publishing Industry. The underlying national emission standards that are under review in this action limit and control hazardous air pollutants. We are proposing that no revisions to the five national emission standards regulating these nine source categories are required at this time under section 112(f)(2) or 112(d)(6) of the Clean Air Act.
Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games
Document Number: E8-23084
Type: Rule
Date: 2008-10-10
Agency: Department of the Interior, National Indian Gaming Commission
The rule adds a new part to the Commission's regulations establishing technical standards for Class II gamesbingo, lotto, other games similar to bingo, pull tabs, and ``instant bingo''that are played using ``electronic, computer, or other technologic aids'' as parts of a Class II gaming system. The rule establishes a process for ensuring the integrity of such games and aidsexamination by an independent testing laboratory and approval by the tribal gaming regulatory authoritybefore being made available to the public for play in a tribal gaming operation. The standards will assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II gaming and the accountability of Class II gaming revenue. The standards will also provide guidance to equipment manufacturers and distributors of Class II gaming systems. The rule does not attempt to distinguish Class II gaming from Class III gaming. Rather, the rule assumes that the games played on Class II gaming systems are, in fact, Class II.
Minimum Internal Control Standards for Class II Gaming
Document Number: E8-23081
Type: Rule
Date: 2008-10-10
Agency: Department of the Interior, National Indian Gaming Commission
This rule supersedes certain specified sections of the current Minimum Internal Control Standards and replaces them with a new part titled Minimum Internal Control Standards for Class II Gaming. Since the implementation of Minimum Internal Control Standards (MICS), it became obvious that the MICS require technical adjustments and revisions so that they can effectively protect tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. This rule applies only to Class II games.
Definition for Electronic or Electromechanical Facsimile
Document Number: E8-23075
Type: Proposed Rule
Date: 2008-10-10
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission is withdrawing the proposed modification to the definition of ``Electronic or electromechanical facsimile'' published in the Federal Register on October 24, 2007. (72 FR 60482.)
Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using “Electronic, Computer, or Other Technologic Aids”
Document Number: E8-23070
Type: Proposed Rule
Date: 2008-10-10
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission is withdrawing the proposed Classification standards published in the Federal Register on October 24, 2007. (72 FR 60483.)
General Services Acquisition Regulation; GSAR Case 2008-G505; Rewrite of GSAR Part 514, Sealed Bidding
Document Number: E8-22795
Type: Proposed Rule
Date: 2008-10-10
Agency: General Services Administration, Agencies and Commissions
The GSA is proposing to amend the General Services Acquisition Regulation (GSAR) to revise the GSAR language regarding requirements for sealed bidding.
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