November 10, 2008 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is amending the classification regulation for condoms to designate a special control for male condoms made of natural rubber latex (latex). The special control for the device is the guidance document entitled ``Class II Special Controls Guidance Document: Labeling for Natural Rubber Latex Condoms Classified Under 21 CFR 884.5300.'' The FDA will publish a notice in the Federal Register announcing the availability of the special control guidance document no later than the effective date of this final rule.

This document requests comments on a petition for rulemaking filed by Henry B. Shaffer, proposing to allot Channel 260A at Williston, South Carolina, as a second local service. Channel 220A can be allotted at Williston, South Carolina, with a site restriction of 3.1 kilometers (1.9 miles) northeast at coordinates 33-23-34 NL and 81- 23-21 WL.

The Audio Division grants a Petition for Rule Making issued at the request of George S. Flinn, Jr., proposing the allotment of Channel 267A at Linden, Tennessee, as its first local service. Channel 267A at Linden can be allotted, consistent with the minimum distance separation requirements of the Commission's Rules, at reference coordinates 35-39- 45 NL and 87-44-25 WL with the imposition of a site restriction of 10.1 kilometers (6.3 miles) northeast of Linden. Due to the fact that Channel 267A at Linden already exists in the FM Table of Allotments, this final rule does not contain any amendatory language. See Supplementary Information, supra.

In response to Petition for Rule Making filed by KSRV, Inc., licensee of Station KWRL, Channel 225C1, La Grande, Oregon, this document substitutes Channel 272C for vacant Channel 260C at Prairie City, Oregon. This substitution will enable Station KWRL to continue operation on Channel 260C1. This document also dismisses a Counterproposal filed by Pacific Empire Radio Corporation. The reference coordinates for the Channel 272C allotment at Prairie City, Oregon, are 45-07-21 and 117-46-44. With this action, this proceeding is terminated.

We are correcting an error in our proposed rule to revise the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. The proposed rule was published in the Federal Register on October 9, 2008 (73 FR 60008-60048, Docket No. APHIS 2008-0023).

We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes additions of rules and revisions to the Administrative Record of Montana (ARM) concerning Normal Husbandry Practices. Montana intends to revise its program to improve operational efficiency. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

We are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are calling this method ``Compassionate Allowances.'' In December 2007 and April 2008, we held two Compassionate Allowance public hearings. These hearings concerned rare diseases and cancers, respectively. This hearing is the third in the series. The purpose of this hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for children and adults with brain injuries. We plan to address other medical conditions at subsequent hearings.

We are amending our rules governing how we investigate representative payee applicants. Under these rules, any payee who previously satisfied the payee investigation criteria, including a face-to-face interview, and currently serves as a payee generally need not appear for another face-to-face interview when subsequently applying to become a payee unless we determine within our discretion, that a new face-to-face interview is necessary. The payee applicant would still be required to satisfy the rest of the investigation process as set forth in the regulations. Reducing the number of subsequent face-to-face interviews of payee applicants will streamline our representative payee application process, allowing payee applicants to become qualified more quickly when they already serve as a payee. This rule also will expedite payment of benefits in certain representative payee situations and reduce the burden on our field office employees by eliminating the necessity of interviewing such payee applicants.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing final and temporary regulations relating to information returns for cancellation of indebtedness by certain entities. The temporary regulations will avoid premature information reporting from certain businesses that are currently required to report and will reduce the number of information returns required to be filed. The regulations will impact certain lenders who are currently required to file information returns under the existing regulations. The text of those temporary regulations also serves as text of these proposed regulations. This document also provides a notice of public hearing on these proposed regulations.

The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow time for performing needed maintenance and repairs to the bridge. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given from 12:01 a.m., December 15, 2008 until 9 a.m., March 15, 2009.

This action establishes Class E airspace at Kwethluk, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being created for the Kwethluk Airport. This action establishes Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kwethluk Airport, Kwethluk, AK.

This action revises Class E airspace at Ruby, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). One SIAP is being amended for the Ruby Airport. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Ruby Airport, Ruby, AK.

The FAA is correcting a final rule published in the October 10, 2008, Federal Register. The final rule addressed congestion at New York's LaGuardia Airport (LaGuardia). The original rule incorrectly identified the date by which limited slots will revert to the FAA for auction. This rule corrects the date.

The U.S. Office of Personnel Management is issuing a final rule to change the annual schedule of nonappropriated fund (NAF) Federal Wage System wage surveys from a fiscal year cycle to a calendar year cycle. The purpose of this change is to move certain wage surveys to a different time of year and thus optimize the data collection process for those areas. In addition, this change would more evenly distribute the workload for the agency responsible for conducting NAF surveys.

EPA is responding to comments and taking final action on a July 29, 2003, site-specific sulfur dioxide (SO2) State Implementation Plan revision request for the Central Illinois Light Company E.D. Edwards Generating Station, now known as AmerenEnergy Resources Generating Company, Edwards Power Plant, in Peoria County, Illinois. This request amends the facility's emission limits to allow a higher SO2 emission limit for one of its boilers. To offset this increase, the revised rule includes a group limit for the facility's three boilers which is lower than the individual boiler emission limits. The revised rule retains the facility's existing cap on total SO2 emissions. Illinois' July 29, 2003, submittal was identical to a State variance which EPA had approved as a temporary revision on April 13, 2000. On November 12, 2004, EPA approved the July 29, 2003, permanent rule revision submittal as a direct final action. However, on December 13, 2004, EPA received an adverse comment on its approval. EPA withdrew the direct final approval on January 11, 2005. As stated in the January 11, 2005, withdrawal, EPA is not establishing a second comment period on this action.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision pertains to controlling nitrogen oxides (NOX ) emissions from stationary combustion turbine (CT) electric generating units (EGUs). EPA is approving this SIP revision in accordance with the Clean Air Act (CAA).

We are adopting a new airworthiness directive (AD) for certain Boeing transport category airplanes. This AD requires replacing any insulation blanket constructed of polyethyleneteraphthalate (PET) film, ORCON Orcofilm[reg] AN-26 (hereafter ``AN-26''), with a new insulation blanket. This AD results from reports of in-flight and ground fires on certain airplanes manufactured with insulation blankets covered with AN-26, which may contribute to the spread of a fire when ignition occurs from sources such as electrical arcing or sparking. We are issuing this AD to ensure that insulation blankets constructed of AN-26 are removed from the fuselage. Such insulation blankets could ignite and propagate a fire that is the result of electrical arcing or sparking.

This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.