October 30, 2008 – Federal Register Recent Federal Regulation Documents

This action proposes to establish Colored Federal Airway Blue 7 (B-7), in Alaska. This action would add to the Instrument Flight Rules (IFR) airway and route structure in Alaska by providing IFR connectivity between Bethel, AK and Cape Newenham, AK. The FAA is proposing this action to enhance safety and improve the management of air traffic operations in the State of Alaska.

This document contains a correction to the final regulations (Docket No. RM08-8-000) that were published in the Federal Register on October 22, 2008 (73 FR 62881). The final rule document revised the Federal Energy Regulatory Commission's regulations to clarify its rules governing ex parte contacts and separation of functions as they apply to proceedings arising out of investigations initiated under Part 1b of the Commission's regulations.

This action extends the expiration date of Special Federal Aviation Regulation (SFAR) No. 105 through October 31, 2010. This action maintains the reservation system established for unscheduled arrivals at Chicago O'Hare International Airport (O'Hare) following the expiration of limitations imposed on scheduled operations at the airport. This action is necessary to reduce congestion and delays at the airport and is consistent with O'Hare's status as a Schedules Facilitated Airport (Level 2) under the International Air Transport Association (IATA) Worldwide Scheduling Guidelines (WSG).

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:

This document contains a technical correction to the list of select agents and toxins regulated by the U.S. Department of Health and Human Services (HHS), as well as those biological agents and toxins regulated by both HHS and the U.S. Department of Agriculture (USDA) published on October 16, 2008, in the Federal Register (73 FR 61363). This correction inserts ``Reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight segments (Reconstructed 1918 Influenza virus)'' that was inadvertently omitted from the list of agents and toxins regulated by only HHS.

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.

In this document, the Commission addresses certain issues raised in petitions for reconsideration and/or clarification of the Report and Order implementing the Junk Fax Prevention Act of 2005. The Commission believes the clarifications provided will assist senders of facsimile advertisements in complying with the Commission's rules in a manner that minimizes regulatory compliance costs while maintaining the protections afforded consumers under the Telephone Consumer Protection Act (TCPA).

This document re-opens the period within which comments may be submitted in response to the proposed rule to amend the Customs and Border Protection (``CBP'') regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. The proposed rule was published in the Federal Register on July 25, 2008 (73 FR 43385) with comments due on or before September 23, 2008. The comment period was extended by a notice published in the Federal Register on September 8, 2008 (73 FR 51962), to October 23, 2008. This notice re-opens the comment period to afford interested parties an opportunity to consider the impact, if any, of the proposed rule on the country of origin of their goods in view of the publication of a final rule document in today's Federal Register which sets forth technical corrections to Sec. Sec. 102.20 and 102.21 of the CBP regulations (19 CFR 102.20 and 102.21).

EPA is approving State Implementation Plan (SIP) revisions submitted by the Virginia Department of Environmental Quality (VADEQ). These revisions require nitrogen oxides (NOX) emission reductions from four large stationary internal combustion (IC) engines and a large cement kiln located in the Commonwealth of Virginia. The intended effect of this action is to approve permitted emission limits that enable Virginia to meet its remaining NOX reduction obligations under the NOX SIP Call.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending the 8-hour ozone maintenance plan for the Parkersburg area. This revision amends the maintenance plans' 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans' safety margins which results in an increase in the MVEBs. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The Transportation Security Administration (TSA) proposes to amend current aviation transportation security regulations to enhance the security of general aviation by expanding the scope of current requirements and by adding new requirements for certain large aircraft operators and airports serving those aircraft. TSA is proposing to require that all aircraft operations, including corporate and private operations, with aircraft with a maximum certificated takeoff weight (MTOW) above 12,500 pounds (``large aircraft'') adopt a large aircraft security program (LASP). This security program would be based on the current security program that applies to operators providing scheduled or charter services. TSA also proposes to require large aircraft operators to contract with TSA-approved auditors to conduct audits of the operators' compliance with their security programs and with TSA-approved watch- list service providers to verify that their passengers are not on the No Fly and/or Selectee portions of the consolidated terrorist watch- list maintained by the Federal Government. This proposed rule describes the process and criteria under which auditors and companies that perform watch-list matching would obtain TSA approval. TSA also proposes further security measures for large aircraft operators in all-cargo operations and for operators of passenger aircraft with a MTOW of over 45,500 kilograms (100,309.3 pounds), operated for compensation or hire. TSA also proposes to require that certain airports that serve large aircraft adopt security programs and amend the security program for full program and full all-cargo operators.