November 5, 2008 – Federal Register Recent Federal Regulation Documents

Special Regulations; Areas of the National Park System
Document Number: E8-26447
Type: Proposed Rule
Date: 2008-11-05
Agency: Department of the Interior, National Park Service
The National Park Service is proposing this rule to manage winter visitation and recreational use in Yellowstone National Park for an interim period of three winter seasons commencing with the 2008-2009 season. The proposed rule would also establish the framework for the long-term management of winter use in Grand Teton National Park and the John D. Rockefeller, Jr., Memorial Parkway. This proposed rule would require that most recreational snowmobiles and snowcoaches operating in the parks meet certain air and sound requirements, and that snowmobilers in Yellowstone be accompanied by a commercial guide. It also proposes daily entry limits on the numbers of snowmobiles and snowcoaches that may enter the parks. Traveling off designated oversnow routes will remain prohibited.
Significant New Use Rules on Certain Chemical Substances
Document Number: E8-26409
Type: Rule
Date: 2008-11-05
Agency: Environmental Protection Agency
EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 56 chemical substances which were the subject of premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 56 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
Withdrawal of the Federal Water Quality Standards Use Designations for Soda Creek and Portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River in Idaho
Document Number: E8-26402
Type: Rule
Date: 2008-11-05
Agency: Environmental Protection Agency
EPA is promulgating the withdrawal of the Federal water quality standards designating cold water biota uses for Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River in Idaho. EPA published a direct final rule with a parallel proposal for this action on August 19, 2008. EPA is withdrawing the direct final rule prior to its effective date because EPA received comments that could be viewed as adverse. The Federal water quality standards designating cold water biota uses are no longer necessary since EPA approved Idaho's adopted uses that result in protection for cold water biota. EPA is also promulgating the withdrawal of the water quality standards variance provision applicable to these uses, because this provision is no longer necessary given the withdrawal of the Federal water quality standards designating these uses.
Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica; Tolerance Exemption
Document Number: E8-26396
Type: Rule
Date: 2008-11-05
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of silane, trimethoxy[3- (oxiranylmethoxy)propyl]-, hydrolysis products with silica (CAS Reg. No. 68584-82-7); when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. Keller and Heckman LLP, 1001 G St., NW, Suit, 500 Washington, DC 20001 as U.S. agent for Eka Chemicals AB, 455 80 Bobus, Sweden submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of silane, trimethoxy[3- (oxiranylmethoxy)propyl]-, hydrolysis products with silica on food or feed commodities.
Outer Continental Shelf Air Regulations Consistency Update for North Carolina
Document Number: E8-26360
Type: Proposed Rule
Date: 2008-11-05
Agency: Environmental Protection Agency
EPA is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (``CAA'' or ``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of North Carolina will be the designated COA. The effect of approving the OCS requirements for the State of North Carolina is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations (CFR) and is listed in the appendix to the OCS air regulations. This proposed action is an annual update of North Carolina's OCS Air Regulations. These rules include revisions to existing rules that already apply to OCS sources.
Cotton Program Changes for Loans, Loan Deficiency Payments, Upland Cotton, and Extra Long Staple Cotton
Document Number: E8-26343
Type: Rule
Date: 2008-11-05
Agency: Department of Agriculture, Commodity Credit Corporation
The Commodity Credit Corporation (CCC) is revising regulations as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) to administer loan and payment programs for upland cotton and extra-long staple (ELS) cotton producers and establishing new regulations to specify payment provisions for domestic users of upland cotton. The 2008 Farm Bill generally extends the existing upland cotton and ELS cotton programs with some changes in calculations of the adjusted world price (AWP) and loan schedules for upland cotton. The new program for economic adjustment assistance for domestic users of upland cotton will pay a statutorily specified rate per pound and provides that such payments may only be used for capital investments (for example, plant, equipment, land, machinery).
General Policies, Types of Loans, Loan Requirements-Telecommunications
Document Number: E8-26318
Type: Rule
Date: 2008-11-05
Agency: Department of Agriculture, Rural Utilities Service
The Rural Utilities Service, an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Program, hereinafter referred to as Rural Development and/or the Agency, amends its regulations for the Telecommunications Loan Program (Loan Program). The Agency has reviewed its criteria for approving loans and has determined that modifications to the Loan Program regulations are required in order to ensure that some financially sound applicants are not excluded from the Loan Program. The Agency is proposing to amend its regulations to modify the Times Interest Earned Ratio (TIER) requirements that an applicant must comply with when receiving a loan. This direct final rule is part of an ongoing Agency project to update Agency policies to enable borrowers to provide reliable, modern telecommunications service at reasonable costs in rural areas, while maintaining the security and feasibility of the Government's loans.
General Policies, Types of Loans, Loan Requirements-Telecommunications
Document Number: E8-26317
Type: Proposed Rule
Date: 2008-11-05
Agency: Department of Agriculture, Rural Utilities Service
The Rural Utilities Service, an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Program, hereinafter referred to as Rural Development and/or the Agency, amends its regulations for the Telecommunications Loan Program (Loan Program). The Agency has reviewed its criteria for approving loans and has determined that modifications to the Loan Program regulations are required in order to ensure that some financially sound applicants are not excluded from the Loan Program. Specifically, this rule will modify the Times Interest Earned Ratio (TIER) requirements that an applicant must comply with when receiving a loan. In addition, the rule is part of an ongoing Agency project to update Agency policies to enable borrowers to provide reliable, modern telecommunications service at reasonable costs in rural areas, while maintaining the security and feasibility of the Government's loans. In the final rules section of this Federal Register, Rural Development is publishing this action as a direct final rule without prior proposal because the Agency views this as a non-controversial action and anticipates no adverse comments. If no adverse comments are received in response to the direct final rule, no further action will be taken on this proposed rule and the action will become effective at the time specified in the direct final rule. If the Agency receives adverse comments, a timely document will be published withdrawing the direct final rule and all public comments received will be addressed in a subsequent final rule based on this action.
Board of Veterans' Appeals: Expedited Claims Adjudication Initiative-Pilot Program
Document Number: E8-26310
Type: Rule
Date: 2008-11-05
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is launching an initiative for accelerated claims and appeals processing at four VA facilities, based on voluntary participation by eligible claimants. The purpose of this initiative is to determine whether VA can expedite the processing of claims and appeals by obtaining claimants' waivers of certain statutory and regulatory response periods, and by utilizing the Board of Veterans' Appeals' (Board or BVA) statutory authority to pre- screen cases. VA's responsibility to fully develop and decide cases in a fair, accurate, and non-adversarial manner remains unchanged under this initiative. If this initiative is successful at the four trial sites, the data obtained may provide a basis for expanding some, or all, of the program nationwide, and ultimately help accelerate the processing of all claims and appeals. The parameters of the initiative are set forth in these regulations.
Proposed Flood Elevation Determinations
Document Number: E8-26306
Type: Proposed Rule
Date: 2008-11-05
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: E8-26305
Type: Rule
Date: 2008-11-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Secure Handling of Ammonium Nitrate Program
Document Number: E8-26294
Type: Proposed Rule
Date: 2008-11-05
Agency: Department of Homeland Security
The Department of Homeland Security published an Advance Notice of Proposed Rulemaking in the Federal Register of October 29, 2008. That document contained an omission; specifically, it did not include ``DHS'' in the reference to the docket number.
Final Flood Elevation Determinations
Document Number: E8-26293
Type: Rule
Date: 2008-11-05
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: E8-26291
Type: Rule
Date: 2008-11-05
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.
Annual Report From Federal Contractors
Document Number: E8-26185
Type: Rule
Date: 2008-11-05
Agency: Department of Labor, Veterans' Employment and Training Service, Veterans Employment and Training Service
This final rule revises the regulations in 41 CFR Part 61-250 implementing the requirement under the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (``VEVRAA'') that Government contractors track and annually report the number of employees in their workforces who are veterans covered under the law. Today's final rule revises the regulations in 41 CFR Part 61-250 to incorporate the amendment to VEVRAA made by the Veterans' Benefit and Health Care Improvement Act of 2000 (``VBHCIA''). The VBHCIA amendment extended the protections of VEVRAA to a category of veterans called ``recently separated veterans.'' In addition, the final rule published today clarifies that the regulations in 41 CFR Part 61-250 implement the reporting requirements under VEVRAA prior to their amendment in 2002 by the Jobs for Veterans Act (``JVA''), and apply to Government contracts entered into before December 1, 2003. The final rule also makes clear that the regulations in 41 CFR Part 61-300 implementing the JVA amendments to VEVRAA's reporting requirements, apply if a contract entered into before December 1, 2003, is modified on or after that date and the contract as modified is for $100,000 or more.
Migratory Bird Hunting and Permits; Regulations for Managing Harvest of Light Goose Populations
Document Number: E8-26171
Type: Rule
Date: 2008-11-05
Agency: Fish and Wildlife Service, Department of the Interior
Various populations of light geese (greater and lesser snow geese and Ross's geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long-term carrying capacity of their breeding and/or migration habitats and must be reduced. This final rule sets forth regulations that authorize measures to increase harvest of certain populations of light geese. In addition, the rule revises the regulations for the management of overabundant light goose populations and modifies the conservation order that will increase take of birds from such populations. The Record of Decision is also published here.
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