November 14, 2008 – Federal Register Recent Federal Regulation Documents

Under the provisions of section 581 of Public Law 110-181, the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is establishing the Department of Defense Military Family Readiness Council (hereafter referred to as the Council). The Council is a non-discretionary federal advisory committee established under the authority of section 581 of Public Law 110-181 and 41 CFR 102-3.50(a) to: (a) Review and make recommendations to the Secretary of Defense regarding the policy and plans required under 10 U.S.C. 1781b; (b) monitor requirements for the support of military family readiness by the Department of Defense; and (c) evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense. The Department of Defense Military Family Readiness Council is required by statute to submit an annual report to the Secretary of Defense and the congressional oversight committees on military family readiness. This report must be submitted no later than February 1st of each year. The Department of Defense Military Family Readiness Council shall be composed of a chairperson and no more than eleven additional members. Pursuant to federal statute, the membership shall be: 1. The Under Secretary of Defense for Personnel and Readiness, who shall serve as the chair of the Council; 2. One representative of each Military Service; 3. Three individuals appoint by the Secretary of Defense from among representatives of military family organizations; and 4. The senior enlisted advisors of each Military Service. With regard to the representatives from each Military Service, the Secretary of Defense has appointed the deputies of each Military Service to serve on the Council; their appointment will be based upon their ex-officio position in the Department of Defense. As for the representatives of the military family organizations, these individuals will be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and they will serve as special government employees. With the exception of travel and per diem for official travel, the special government employees shall serve without compensation. The Department of Defense intends to authorize the Department of Defense Military Family Readiness Council to establish and use subcommittees, and the Council, to include any subcommittees, will operate under the provisions of the Federal Advisory Committee Act of 1972, the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR, Parts 102-3 through 102-3.185. Such subcommittees or workgroups shall not work independently of the chartered Council, and shall report all their recommendations and advice to the Council for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Council nor can they report directly to the Department of Defense or any federal officers or employees who are not Council Members.

We propose to supersede Airworthiness Directive (AD) 2008-06- 28 R1, which applies to certain Avidyne Corporation (Avidyne) Primary Flight Displays (PFDs) (part numbers (P/Ns) 700-00006-000, -001, -002, -003, and -100) that are installed on airplanes. AD 2008-06-28 R1 currently requires you to do a check of the maintenance records and inspection of the PFD (if necessary) to determine if an affected serial number PFD is installed and incorporate (if necessary) operational limitations. Since we issued AD 2008-06-28 R1, Avidyne developed a factory service procedure that will correct the problems on these Avidyne PFDs and also factory serviced certain serial number PFDs. Consequently, this proposed AD would retain the actions from AD 2008- 06-28 R1 until the affected PFD is factory serviced; add the actions of a label or marking check, an air data system performance verification test, and (if necessary) replacement of the PFD and factory servicing of the failed PFD; and reduce the serial number applicability from that of AD 2008-06-28 R1. We are proposing this AD to prevent certain conditions from existing when PFDs display incorrect attitude, altitude, and airspeed information. This could result in airspeed/ altitude mismanagement or spatial disorientation of the pilot with consequent loss of airplane control, inadequate traffic separation, or controlled flight into terrain.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 14 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

On May 30, 2008, Norfolk Southern Railway Company (Norfolk Southern), Pan Am Railways, Inc. (PARI), Boston and Maine Corporation (B&M) and Springfield terminal Railway company (Springfield Terminal) (collectively, Applicants) filed a petition with the Surface Transportation Board (Board) seeking Board approval under 49 U.S.C. 11322 and 11323 of (1) the acquisition by Norfolk Southern and B&M of joint control and ownership of Pan Am Southern, LLC (PAS), a new rail carrier to be formed; and (2) the agreements by which Springfield Terminal would operate the lines of PAS and establish rates for PAS. The agreements for which approval and authorization are being sought by the application and the related filings will be referred to collectively as the Transaction. The Board, through its Section of Environmental Analysis (SEA), is the lead agency responsible for the preparation of the Environmental Assessment (EA). If the Transaction is approved, PAS would own or operate over (through trackage rights) approximately 437 miles of existing rail lines (referred to in the application as the PAS Lines), comprised of approximately 238.4 miles of existing rail lines to be owned by PAS and approximately 198.4 miles of existing track over which PAS would have trackage rights. Norfolk Southern would contribute capital to PAS which would go into improving infrastructure by creating a new intermodal and automotive facility in Mechanicville, NY (the Mechanicville Facility), creating a new automotive facility in Ayer, MA (San Vel Automotive Facility), making minor improvements at an existing intermodal facility at Ayer (Ayer Intermodal), and enhancing other infrastructure along the existing east-west main line. The Transaction also includes acquisition and/or operation by PAS of six other existing rail yards in addition to the three facilities at which some construction would occur. The Transaction does not contemplate any yard improvements or changes in activity at any of these six rail yards. Based on the information provided from all sources to date and its independent analysis, SEA preliminarily concludes that construction and operation of the two proposed new rail facilities and improvements to an existing rail facility and existing rail lines would not have significant environmental impacts if the Board imposes and Applicants implement the recommended mitigation measures set forth in the EA. Copies of the EA have been served on all interested parties and will be made available to additional parties upon request. The entire EA is also available for review on the Board's Web site (https:// www.stb.dot.gov) by going to ``E-LIBRARY,'' clicking on the ``Decisions and Notices'' link, and then searching by the Service Date (November 14, 2008) or Docket Number (FD 35147). SEA will consider all comments received in making its final recommendations to the Board. The Board will then consider SEA's final recommendations and the complete environmental record in making its final decision in this proceeding.

This interim final rule with comment period (IFC) revises the regulations governing the Medicare Advantage (MA) program (Part C), and prescription drug benefit program (Part D). This IFC sets forth new requirements governing the marketing of Part C and Part D plans which by statute must be in place at a date specified by the Secretary, but no later than November 15, 2008. The new marketing requirements, which set forth new limits on the compensation that can be paid to agents or brokers with respect to Part C and Part D plans, are based on authority under provisions in the Medicare Improvements for Patients and Providers Act (MIPPA) that became law on July 15, 2008.

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.

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

This is a notice of the Presidential declaration of a major disaster for the State of Kansas (FEMA-1808-DR), dated October 31, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1791-DR), dated September 13, 2008, and related determinations.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Florida/Alabama Habitat Protection Advisory Panel (AP).

The Bureau of Land Management (BLM) Field Office, Buffalo, Wyoming, intends to revise a Resource Management Plan (RMP) and prepare an associated Environmental Impact Statement (EIS) for the Buffalo Field Office and by this notice is announcing the beginning of the scoping process and soliciting input on the identification of issues, proposed planning criteria, and calling for resource information. The RMP will replace the existing Buffalo Resource Management Plan of 1985.

The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.