October 31, 2008 – Federal Register Recent Federal Regulation Documents

Infrastructure Improvements Under Section 897
Document Number: E8-26074
Type: Proposed Rule
Date: 2008-10-31
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document describes issues that the IRS and the Treasury Department are considering addressing, in a notice of proposed rulemaking, under section 897 of the Internal Revenue Code (Code) regarding the definition of an interest in real property. The notice of proposed rulemaking would address certain rights granted by a governmental unit that are related to the lease, ownership, or use of real property. This document also invites comments from the public regarding these contemplated rules. All materials submitted will be available for public inspection and copying.
Fees
Document Number: E8-26063
Type: Proposed Rule
Date: 2008-10-31
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is extending the time in which comments may be filed in response to its notice of proposed rulemaking regarding new fees for registration of claims, special services and Licensing Division services, and new statutory fees and fees for certain other services that the Office is proposing to submit to Congress.
Congestion Management Rule for LaGuardia Airport
Document Number: E8-26039
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
On October 10, 2008, the FAA issued a final rule to address congestion at New York's LaGuardia Airport (LaGuardia). That final rule is scheduled to take effect December 9, 2008. As part of the final rule, the FAA explained how it would initially allocate slots to incumbent carriers on the rule's effective date. The preamble to the final rule noted that it would not allocate slots to a carrier that was no longer operating at the airport. However, it did not address how those slots would be allocated under the rule. Today's notice provides that explanation.
Oral Dosage Form New Animal Drugs; Firocoxib Tablets
Document Number: E8-26020
Type: Rule
Date: 2008-10-31
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Merial Ltd. The supplemental NADA provides for veterinary prescription use of firocoxib chewable tablets in dogs for the control of postoperative pain and inflammation associated with orthopedic surgery.
Repayment of Student Loans
Document Number: E8-26013
Type: Rule
Date: 2008-10-31
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing final regulations to revise the rules governing the authority to offer student loan repayment benefits to Federal job candidates or current Federal employees when necessary to recruit or retain highly qualified personnel. These revisions include certain policy changes and clarifications to assist agencies in the administration of the Federal student loan repayment program.
Reemployment Rights
Document Number: E8-26009
Type: Rule
Date: 2008-10-31
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is issuing final regulations on the detail and transfer of Federal employees to international organizations. The final regulation eliminates the ``equalization allowance,'' modernizes regulatory language, and clarifies that the Department of State is the delegated authority to designate any organization as an international organization.
Airworthiness Directives; Hawker Beechcraft Corporation Model MU-300-10 Airplanes and Model 400 and 400A Series Airplanes; and Raytheon (Mitsubishi) Model MU-300 Airplanes
Document Number: E8-26000
Type: Proposed Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain BEECH Model 400, 400A, and MU- 300-10 airplanes. The existing AD currently requires installation of an improved adjustment mechanism on the flightcrew seats and replacement of the existing aluminum seat reinforcement assemblies with steel assemblies. This proposed AD would add airplanes to the applicability of the existing AD. This proposed AD results from reports of incomplete latching of the existing adjustment mechanism and cracked reinforcement assemblies, which could result in sudden shifting of a flightcrew seat. We are proposing this AD to prevent sudden shifting of a flightcrew seat, which could impair the flightcrew's ability to control the airplane.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes
Document Number: E8-25999
Type: Proposed Rule
Date: 2008-10-31
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; McDonnell Douglas Model 717-200 Airplanes
Document Number: E8-25991
Type: Proposed Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This proposed AD would require modifying the wire installation of the auxiliary hydraulic pump in the right wheel well of the main landing gear (MLG). This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent a tire burst when the MLG is in the retracted position from causing damage to the wire assembly of the auxiliary hydraulic pump and subsequent electrical arcing, creating the potential of an ignition source in the center wing tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
Document Number: E8-25990
Type: Proposed Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737-600, -700, - 700C, -800, and -900 series airplanes. The existing AD currently requires replacing brackets that hold the P5 panel to the airplane structure, the standby compass bracket assembly, the generator drive and standby power module, and the air conditioning module. The existing AD also currently requires, among other actions, inspecting for wire length and for damage of the connectors and the wire bundles, and doing applicable corrective actions if necessary. This proposed AD would require an additional operational test of the P5-14 panel. This proposed AD results from a report of an electrical burning smell in the flight compartment. We are proposing this AD to prevent wire bundles from contacting the overhead dripshield panel and modules in the P5 overhead panel, which could result in electrical arcing and shorting of the electrical connector and consequent loss of several critical systems essential for safe flight; and to ensure proper operation of the passenger oxygen system. If an improperly functioning passenger oxygen system goes undetected, the passenger oxygen mask could fail to deploy and result in possible incapacitation of passengers during a depressurization event.
Privacy Act of 1974: Implementation of Exemptions; U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) System of Records
Document Number: E8-25972
Type: Proposed Rule
Date: 2008-10-31
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) system and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard Courts Martial Records
Document Number: E8-25966
Type: Proposed Rule
Date: 2008-10-31
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/United States Coast Guard Courts Martial Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
America's Marine Highway Program, Corrections
Document Number: E8-25958
Type: Rule
Date: 2008-10-31
Agency: Maritime Administration, Department of Transportation
The Maritime Administration is correcting an interim final rule that appeared in the Federal Register of October 9, 2008 (73 FR 59530). Due to the current financial environment and the receipt of informal comments indicating that one hundred and twenty (120) days is insufficient time to formulate an application, this document changes the summary section of the regulation to reflect that the Maritime Administration is seeking comment on the America's Marine Highway program and recommendations for Marine Highway Corridors and not soliciting applications for specific projects at this time.
Television Broadcasting Services; Honolulu, HI
Document Number: E8-25957
Type: Rule
Date: 2008-10-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by HITV License Subsidiary, Inc., licensee of station KGMB-DT, to substitute DTV channel 22 for post-transition DTV channel 9 at Honolulu, Hawaii.
Television Broadcasting Services; Bainbridge, GA
Document Number: E8-25956
Type: Rule
Date: 2008-10-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by New Age Media of Tallahassee License, LLC (``New Age''), licensee of station WTLH-DT, to substitute DTV channel 50 for post-transition DTV channel 49 at Bainbridge, Georgia.
Television Broadcasting Services; La Crosse, WI
Document Number: E8-25954
Type: Rule
Date: 2008-10-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by WXOW- WQOW Television, Inc. (``WXOW-WQOW''), permittee of station WXOW-DT, to substitute DTV channel 48 for post-transition DTV channel 14 at La Crosse, Wisconsin.
Television Broadcasting Services; Stuart, FL
Document Number: E8-25953
Type: Rule
Date: 2008-10-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Gunter Marksteiner, the permittee of station WHDT-DT, to substitute DTV channel 42 for post-transition DTV channel 44 at Stuart, Florida.
Television Broadcasting Services; Fort Worth, TX
Document Number: E8-25951
Type: Rule
Date: 2008-10-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Television Station KTXA L.P. (``KTXA''), licensee of station KTXA-DT, to substitute DTV channel 19 for post-transition DTV channel 18 at Fort Worth, Texas.
Modification to the Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L Offshore Airspace Areas; AK
Document Number: E8-25941
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
This action amends the following four Offshore Airspace Areas in Alaska: Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L. This action lowers the airspace floors to provide additional controlled airspace for aircraft instrument flight rule (IFR) operations at Alaska airports.
Dairy Forward Pricing Program
Document Number: E8-25856
Type: Rule
Date: 2008-10-31
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule establishes a program for producers and cooperative associations of producers to voluntarily enter into forward price contracts with handlers for milk used for Class II, III, or IV purposes under the Agricultural Marketing Agreement Act of 1937 (AMAA). The program allows handlers regulated under the Federal milk marketing order program to pay producers and cooperative associations in accordance with the terms of a forward contract and not have to pay the minimum Federal order blend price for milk. This program is established in accordance with section 1502 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill).
Section 108(e)(8) Application to Partnerships
Document Number: E8-25851
Type: Proposed Rule
Date: 2008-10-31
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations relating to the application of section 108(e)(8) of the Internal Revenue Code (Code) to partnerships and their partners. These regulations provide guidance regarding the determination of discharge of indebtedness income of a partnership that transfers a partnership interest to a creditor in satisfaction of the partnership's indebtedness (debt-for-equity exchange). The proposed regulations also provide that section 721 applies to a contribution of a partnership's recourse or nonrecouse indebtedness by a creditor to the partnership in exchange for a capital or profits interest in the partnership. This document also provides notice of a public hearing on these proposed regulations.
Additional Protocol Regulations
Document Number: E8-25559
Type: Rule
Date: 2008-10-31
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This final rule implements the provisions of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America (the ``Additional Protocol''). The Additional Protocol is an agreement between the United States and the IAEA to allow monitoring and reporting of certain civil nuclear fuel cycle-related activities. The Department of Commerce's Bureau of Industry and Security (BIS) is establishing these Additional Protocol Regulations (APR) to implement the provisions of the Additional Protocol affecting U.S. industry and other U.S. persons engaged in certain civil nuclear fuel cycle-related activities, which are not regulated by the U.S. Nuclear Regulatory Commission (NRC) or its domestic Agreement States, and are not located on certain U.S. government locations. The APR describe the requirement to report such activities to BIS, the scope and conduct of IAEA complementary access to locations at which such civil nuclear fuel cycle-related activities take place, and the role of BIS in implementing the Additional Protocol in the United States. The impact of the APR on U.S. industry and other U.S. persons involves the submission of initial reports, annual update reports, and other reporting requirements, as well as on-site activities in conjunction with complementary access. Other U.S. Government agencies issuing regulations to implement other provisions of the Additional Protocol include the Nuclear Regulatory Commission, the Department of Energy, and the Department of Defense. On July 25, 2008, BIS published a proposed rule that requested comments on the proposed establishment of the APR. BIS received comments from one respondent and has reviewed these comments and considered them in its preparation of this final rule.
Payments and Adjustments to Payments
Document Number: E8-25547
Type: Proposed Rule
Date: 2008-10-31
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to reorganize and rewrite in plain language provisions applicable to payment of VA benefits and adjustments to payments. These revisions are proposed as part of VA's rewrite and reorganization of all of its compensation and pension rules in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is to assist claimants, beneficiaries and VA personnel in locating and understanding these rules.
Airworthiness Directives; Cessna Aircraft Company (Type Certificate Previously Held by Columbia Aircraft Manufacturing) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
Document Number: E8-25500
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) to revise AD 2007-07-06, which applies to certain Cessna Aircraft Company (type certificate previously held by Columbia Aircraft Manufacturing) (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. AD 2007-07-06 currently requires the following: Adding information to the limitations section of the airplane flight manual (AFM); repetitively inspecting the aileron and the elevator linear bearings and control rods for foreign object debris, scarring, or damage; and taking all necessary corrective actions. Since we issued AD 2007-07-06, Cessna has issued a new service bulletin that contains procedures for installing an access panel to facilitate the required inspections. Consequently, this AD retains the actions currently required in AD 2007-07-06; allows installing access panels; and changes the serial number applicability. We are issuing this AD to prevent jamming in the aileron and elevator control systems, which could result in failure. This failure could lead to loss of control.
Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000 Airplanes
Document Number: E8-25307
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E8-25302
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing 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:
Update of Linear Right-of-Way Rent Schedule
Document Number: E8-25159
Type: Rule
Date: 2008-10-31
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) is amending its right-of- way regulations to update the linear right-of-way rent schedule in 43 CFR parts 2800 and 2880. The rent schedule covers most linear rights- of-way granted under Title V of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), and Section 28 of the Mineral Leasing Act of 1920, as amended (MLA). Those laws require the holder of a right-of-way grant to pay annually, in advance, the fair market value to occupy, use, or traverse public lands for facilities such as power lines, fiber optic lines, pipelines, roads, and ditches. Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of the Interior to update the per acre rent schedule found in 43 CFR 2806.20. The Act requires that the BLM revise the per acre rental fee zone value schedule by state, county, and type of linear right-of-way use to reflect current land values in each zone. The Act also requires the Secretary of Agriculture (Forest Service) to make the same revisions for rights-of-way on National Forest System (NFS) lands.
Airworthiness Directives; Eurocopter France Model AS332 C, L, L1 and L2 Helicopters
Document Number: E8-24987
Type: Rule
Date: 2008-10-31
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the specified Eurocopter France (ECF) model helicopters. This AD results from mandatory continuing airworthiness information (MCAI) originated by the aviation authority of France to identify and correct an unsafe condition on an aviation product. The aviation authority of France, with which we have a bilateral agreement, states in the MCAI: ``This Airworthiness Directive (AD) is issued following two cases of LH hydraulic power system loss on two AS332 helicopters. In both cases, the pilot received the ``low level'' hydraulic failure alarm. The investigations conducted on the two helicopters revealed a hydraulic fluid leak from the hydraulic pump casing. In both cases, incorrect position of the liner of the compensating piston had caused the seals to deteriorate. This incorrect positioning of the liner is due to non- compliant application of the repair process by a repair station. Deterioration of hydraulic pumps causes: The loss of the RH and LH hydraulic power systems in the event of a substantial hydraulic fluid leak from both hydraulic pumps during a given flight. The loss of the hydraulic system concerned, in the event of a substantial hydraulic fluid leak from only one pump.'' This AD requires actions that are intended to address this unsafe condition.
Review and Update of Standards for Marine Equipment
Document Number: E8-22723
Type: Rule
Date: 2008-10-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard amends its rules relating to standards for marine equipment and updates the incorporation in those rules of references to national and international safety standards. This rule is part of an ongoing effort for regulatory review and reform that increases the focus on results, decreases the focus on process, and expands compliance options for the regulated public.
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