November 7, 2008 – Federal Register Recent Federal Regulation Documents

Technical Corrections Relating to the Rules of Origin for Goods Imported Under the NAFTA and for Textile and Apparel Products
Document Number: Z8-25734
Type: Rule
Date: 2008-11-07
Agency: Department of Homeland Security, U.S. Customs and Border Protection
Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries
Document Number: E8-26666
Type: Rule
Date: 2008-11-07
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is announcing an interim regulation to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. The Office seeks comments on the interim regulation.
Final Special Conditions: AmSafe Aviation; Inflatable Restraints Installation; Approved Model List of Normal and Utility Category Airplanes, and Agricultural Airplanes Certificated in the Normal/Utility/Restricted Category
Document Number: E8-26663
Type: Rule
Date: 2008-11-07
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for AmSafe Aviation to amend the list of approved models. These airplanes, as modified by AmSafe Aviation, will have novel and unusual design features associated with the lap belt or shoulder harness portion of the safety belt, which contains an integrated airbag device. The applicable airworthiness regulations do not contain adequate and appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the airworthiness standards.
Proposed Revision of Class E Airspace; Galena, AK
Document Number: E8-26656
Type: Proposed Rule
Date: 2008-11-07
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Galena, AK. Two Standard Instrument Approach Procedures (SIAPs) are being amended for the Edward G. Pitka Airport at Galena, AK. Adoption of this proposal would result in revising Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Edward G. Pitka Airport, Galena, AK.
National Volatile Organic Compound Emission Standards for Aerosol Coatings
Document Number: E8-26614
Type: Rule
Date: 2008-11-07
Agency: Environmental Protection Agency
EPA is taking direct final action on the National Volatile Organic Compound Emission Standards for Aerosol Coatings, which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In this direct final action, EPA is moving the applicability and compliance dates for aerosol coatings from January 1, 2009, to July 1, 2009. EPA is also making initial notifications required due on the compliance date, as opposed to 90 days in advance of the compliance date.
National Volatile Organic Compound Emission Standards for Aerosol Coatings
Document Number: E8-26613
Type: Proposed Rule
Date: 2008-11-07
Agency: Environmental Protection Agency
EPA is proposing to amend the National Volatile Organic Compound Emission Standards for Aerosol Coatings, which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In this ``Rules and Regulations'' section of this Federal Register, we are making these same amendments as a direct final rule, without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.
Importation of Longan From Taiwan
Document Number: E8-26612
Type: Proposed Rule
Date: 2008-11-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to allow the importation of commercial shipments of fresh longan with stems from Taiwan into the United States. As a condition of entry, the longan would be subject to cold treatment and special port-of-arrival inspection procedures for certain quarantine pests. In addition, the fruit would have to be accompanied by a phytosanitary certificate stating that the fruit was inspected and found to be free of certain pests, and the individual cartons or boxes in which the longan are shipped would have to be stamped or printed with a statement prohibiting their importation into or distribution in the State of Florida. This action would allow for the importation of commercial shipments of fresh longan with stems from Taiwan into the United States while continuing to provide protection against the introduction of quarantine pests into the United States.
Temporary Liquidity Guarantee Program
Document Number: E8-26569
Type: Rule
Date: 2008-11-07
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is amending its Interim Rule with Request for Comment (Interim Rule) relating to implementation of its Temporary Liquidity Guarantee Program (TLG Program) by extending the opt out date for eligible entities until December 5, 2008; extending the deadline for complying with certain disclosure requirements related to the TLG Program until December 19, 2008; and establishing assessment procedures to accommodate the extended opt out period.
Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues-Aging Aircraft Program: Widespread Fatigue Damage
Document Number: E8-26566
Type: Proposed Rule
Date: 2008-11-07
Agency: Federal Aviation Administration, Department of Transportation
This notice announces a public meeting of the FAA's Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues. The purpose of the meeting is to solicit comments and information on a technical document related to a notice of proposed rulemaking that the FAA published on April 18, 2006, on Widespread Fatigue Damage, and its accompanying initial regulatory evaluation. This notice also announces the opening of a period of public comment on that technical document, which has been posted in docket FAA-2006- 24281. Commenters may post their comments in the docket.
Changes in Pay Administration Rules for General Schedule Employees
Document Number: E8-26562
Type: Rule
Date: 2008-11-07
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing final regulations on pay setting rules for General Schedule employees. The final regulations revise the interim regulations by making a number of technical modifications, corrections, and clarifications.
Time-in-Grade Rule Eliminated
Document Number: E8-26559
Type: Rule
Date: 2008-11-07
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is eliminating the time-in-grade restriction on advancement to competitive service positions in the General Schedule. The rule eliminates the 52-week time-in-grade requirement for promotions. Employees must continue to meet occupational qualification standard requirements and any additional job-related qualification requirements established for the position.
Medicaid Program; Clarification of Outpatient Hospital Facility (Including Outpatient Hospital Clinic) Services Definition
Document Number: E8-26554
Type: Rule
Date: 2008-11-07
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Outpatient hospital services are a mandatory part of the standard Medicaid benefit package. This final rule aligns the Medicaid definition of outpatient hospital services more closely to the Medicare definition in order to: Improve the functionality of the applicable upper payment limits (which are based on a comparison to Medicare payments for the same services), provide more transparency in determining available hospital coverage in any State, and generally clarify the scope of services for which Federal financial participation (FFP) is available under the outpatient hospital services benefit category.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Clark County
Document Number: E8-26515
Type: Proposed Rule
Date: 2008-11-07
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is proposing to approve a revision to the Clark County portion of the Nevada State Implementation Plan (SIP). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. We are proposing to approve a local plan to include the transportation conformity criteria and procedures in the applicable SIP.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Clark County
Document Number: E8-26513
Type: Rule
Date: 2008-11-07
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is taking direct final action to approve a revision to the Clark County portion of the Nevada State Implementation Plan (SIP). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect is to include the transportation conformity criteria and procedures in the applicable SIP.
Radio Broadcasting Services; Silverpeak, NV
Document Number: E8-26511
Type: Proposed Rule
Date: 2008-11-07
Agency: Federal Communications Commission, Agencies and Commissions
This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Shamrock Communications, Inc. Petitioner proposes the allotment of FM Channel 291C at Silverpeak, Nevada, as that community's first local service. Channel 291C can be allotted in accordance with the Commission's minimum distance separation requirements with a site restriction of 42.0 km (26.1 miles) east of Silverpeak. The proposed coordinates for Channel 291C at Silverpeak are 47-49-22 North Latitude and 117-09-53 West Longitude. See SUPPLEMENTARY INFORMATION infra.
Television Broadcasting Services; La Grande, OR
Document Number: E8-26510
Type: Rule
Date: 2008-11-07
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Fisher Radio Regional Group, Inc., permittee of station KUNP-DT, to substitute DTV channel 16 for post-transition DTV channel 29 at La Grande, Oregon.
Television Broadcasting Services; Honolulu and Waimanalo, Hawaii
Document Number: E8-26508
Type: Rule
Date: 2008-11-07
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Pacifica Broadcasting Company, permittee of KALO-DT, and Oceania Christian Church, permittee of KUPU-DT, to substitute DTV channel *38 for post-transition DTV channel *10 at Honolulu, Hawaii and DTV channel 15 for post-transition DTV channel 38 at Waimanalo, Hawaii.
Asbestos Exposure Limit
Document Number: E8-26440
Type: Rule
Date: 2008-11-07
Agency: Department of Labor, Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is amending and clarifying its existing health standards for asbestos exposure. The amendments make no substantive change to the existing standards, MSHA's enforcement of the standards, or the protection afforded miners under the standards.
Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
Document Number: E8-26282
Type: Rule
Date: 2008-11-07
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is issuing a final regulation that requires the submission to FDA of prior notice of food, including animal feed, that is imported or offered for import into the United States. The final rule implements the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act), which required prior notification of imported food to begin on December 12, 2003. The final rule requires that the prior notice be submitted to FDA electronically via either the U.S. Customs and Border Protection (CBP or Customs) Automated Broker Interface (ABI) of the Automated Commercial System (ACS) or the FDA Prior Notice System Interface (FDA PNSI). The information must be submitted and confirmed electronically as facially complete by FDA for review no less than 8 hours (for food arriving by water), 4 hours (for food arriving by air or land/rail), and 2 hours (for food arriving by land/road) before the food arrives at the port of arrival. Food imported or offered for import without adequate prior notice is subject to refusal and, if refused, must be held. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a draft compliance policy guide (CPG) entitled ``Sec. 110.310 Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.''
Transfer and Reorganization of Bank Secrecy Act Regulations
Document Number: E8-25550
Type: Proposed Rule
Date: 2008-11-07
Agency: Department of the Treasury, Financial Crimes Enforcement Network
FinCEN proposes to move Bank Secrecy Act (BSA) regulations to a new chapter in the Code of Federal Regulations (CFR). The new chapter would contain the BSA regulations, which would generally be reorganized by financial industry. Moving the BSA regulations to a new chapter and organizing the chapter by financial industry would create a user- friendly way to find regulations applicable to a particular financial industry. This new organization within the new chapter also allows for the renumbering of the BSA regulations in a manner that would make it easier to find regulatory requirements than under the numbering system currently used in the existing regulations. FinCEN also proposes to make minor technical changes to the BSA regulations such as updating mailing addresses and points of contact.
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