November 18, 2008 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2008-11-18-ReaderAids
Type: Reader Aids
Date: 2008-11-18
Sunshine Federal Register
Document Number: E8-27467
Type: Notice
Date: 2008-11-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Sporting Conservation Council
Document Number: E8-27446
Type: Notice
Date: 2008-11-18
Agency: Fish and Wildlife Service, Department of the Interior
We announce a meeting of the Sporting Conservation Council (Council). The meeting agenda includes: (1) The status of the Final White Papers Document associated with the White House Conference on North American Wildlife Policy, (2) the 10-year Action Plan mandated by Executive Order 13443, and (3) a report on the comparative risk modeling being developed at Michigan State University. This Council meeting is open to the public, and will include a session for the public to comment.
Proposed Collection; Comment Request
Document Number: E8-27431
Type: Notice
Date: 2008-11-18
Agency: Securities and Exchange Commission, Agencies and Commissions
Proposed Collection; Comment Request
Document Number: E8-27429
Type: Notice
Date: 2008-11-18
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act Meeting Notice
Document Number: E8-27410
Type: Notice
Date: 2008-11-18
Agency: Department of Energy, Federal Energy Regulatory Commission
Sunshine Act Meeting
Document Number: E8-27405
Type: Notice
Date: 2008-11-18
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act; Notice of Agency Meeting
Document Number: E8-27393
Type: Notice
Date: 2008-11-18
Agency: National Credit Union Administration, Agencies and Commissions
New Mexico Regulatory Program
Document Number: E8-27360
Type: Rule
Date: 2008-11-18
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We are approving an amendment to the New Mexico regulatory program (the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). New Mexico is proposing additions to and revisions of the New Mexico Administrative Code (NMAC) to improve and clarify the public notification process during permitting actions, to correct outdated citations, and to comply with formatting requirements for New Mexico administrative law. The revisions also include non-substantive editorial changes. New Mexico revised its program to provide additional safeguards, clarify ambiguities, and achieve stylistic consistency.
Certificates of Compliance
Document Number: E8-27356
Type: Rule
Date: 2008-11-18
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Act (``CPSA''), at section 14(a) as amended by section 102(a) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314, requires that, for products manufactured on or after November 12, 2008, manufacturers (including importers) and private labelers of the products certify that the products comply with all applicable CPSA consumer product safety rules and similar rules, bans, standards and regulations under any other laws administered by the Commission by issuing a certificate that accompanies the product and can be furnished to certain parties. The certificate must specify each such rule, ban, standard, or regulation with which the product must comply. In general, the certification must be based on a test of each product or upon a reasonable testing program. Certificates and certification for certain children's products must be based on testing by third party laboratories whose accreditation to do so has been accepted by the Commission. The third party testing requirements become effective on a rolling schedule as the Commission issues specific laboratory accreditation requirements. Section 14(a)(4) of the CPSA gives the Commission the authority where there is more than one manufacturer, importer, or private labeler to designate one or more of such entities as the person(s) who shall issue the required certificate and to relieve all others of that responsibility. The final rule published today limits the parties who must certify to the U.S. importer and, in the case of domestically produced products, the U.S. manufacturer. It also specifies the requirements that an electronic certificate must meet.
Notice of Meeting
Document Number: E8-27355
Type: Notice
Date: 2008-11-18
Agency: Department of Justice, Office on Violence Against Women
This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the Section 904 Violence Against Women in Indian Country Task Force (hereinafter ``the Task Force'').
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Revisions to Allowable Bycatch Reduction Devices
Document Number: E8-27351
Type: Rule
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), NMFS issues this final rule to decertify the expanded mesh bycatch reduction device (BRD), the ``Gulf fisheye'' BRD, and the ``fisheye'' BRD, as currently specified, for use in the Gulf of Mexico (Gulf) shrimp fishery. NMFS is also certifying a new specification for the fisheye device to be used in the Gulf. In addition, this final rule incorporates a number of minor revisions to remove outdated regulatory text and revise references within regulatory text. The intended effect of this final rule is to improve bycatch reduction in the shrimp fishery and better meet the requirements of national standard 9.
Disclosure of Termination Information
Document Number: E8-27350
Type: Rule
Date: 2008-11-18
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This is a final rule to implement section 506 of the Pension Protection Act of 2006 (Pub. L. 109-280) which amends sections 4041 and 4042 of ERISA. These amendments require that a plan administrator disclose information it has submitted to PBGC in connection with a distress termination filing, and that a plan administrator or plan sponsor disclose information it has submitted to PBGC in connection with a PBGC-initiated termination. The new provisions also require PBGC to disclose the administrative record in a PBGC-initiated termination. The disclosures must be made to an affected party upon request.
Agency Information Collection Activities Under OMB Review
Document Number: E8-27349
Type: Notice
Date: 2008-11-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instruments (if any).
Agency Information Collection Activities Under OMB Review
Document Number: E8-27347
Type: Notice
Date: 2008-11-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instruments [if any].
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0051, Part 39 Derivatives Clearing Organizations
Document Number: E8-27346
Type: Notice
Date: 2008-11-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instruments [if any].
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0052, Establishing Procedures for Designated Contract Markets and Applicants Seeking Designation, Comment Request
Document Number: E8-27345
Type: Notice
Date: 2008-11-18
Agency: Commodity Futures Trading Commission, Agencies and Commissions
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected costs and burden; it includes the actual data collection instruments [if any].
Sea Turtle Conservation; Fishing Gear Inspection Program
Document Number: E8-27344
Type: Rule
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS establishes an inspection program for modified pound net leaders in the Virginia waters of the mainstem Chesapeake Bay. Current regulations require modified pound net leaders, as defined in the regulations, in a portion of the Virginia Chesapeake Bay while also allowing them to be used in a different portion of the Chesapeake Bay. This action would help ensure that leaders used in those areas do in fact meet the definition of a modified pound net leader. This action, taken under the Endangered Species Act of 1973 (ESA), as amended, is intended to facilitate compliance with the existing regulation, which is designed to help protect threatened and endangered sea turtles.
Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement)
Document Number: E8-27342
Type: Notice
Date: 2008-11-18
Agency: Committee for the Implementation of Textile Agreements, Agencies and Commissions
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain 100% polyester stripe fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.
Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement)
Document Number: E8-27341
Type: Notice
Date: 2008-11-18
Agency: Committee for the Implementation of Textile Agreements, Agencies and Commissions
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain 100% polyester pin dot dobby fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.
Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement)
Document Number: E8-27340
Type: Notice
Date: 2008-11-18
Agency: Committee for the Implementation of Textile Agreements, Agencies and Commissions
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain 100% polyester sharkskin fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.
Increase in Mileage Reimbursement Rate and Deductible Amounts in the Beneficiary Travel Program
Document Number: E8-27339
Type: Notice
Date: 2008-11-18
Agency: Department of Veterans Affairs
This Notice is to inform the public of the Secretary's decision to increase the Department of Veterans Affairs (VA) Beneficiary Travel program mileage reimbursement rate under 38 U.S.C. 111 for travel of eligible beneficiaries in connection with VA health care and for other purposes. Effective November 17, 2008, the beneficiary travel mileage reimbursement rate is increased from 28.5 cents to 41.5 cents based upon mileage traveled to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to 38 U.S.C. Chapter 34, ``Educational Assistance'' or Chapter 35, ``Survivors and Dependents' Education Assistance'' or for the purpose of examination, treatment or care. The deductible requirements for purposes of beneficiary travel of mileage reimbursement will remain at $7.77 one-way; $15.54 round trip; with a monthly cap of $46.62.
Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement)
Document Number: E8-27338
Type: Notice
Date: 2008-11-18
Agency: Committee for the Implementation of Textile Agreements, Agencies and Commissions
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain 100% polyester mini stripe fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.
Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
Document Number: E8-27337
Type: Proposed Rule
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would adjust the North and South Atlantic swordfish quotas for the 2008 fishing year (January 1, 2008, through December 31, 2008) to account for underharvests, and to transfer 18.8 metric tons (mt) dressed weight (dw) to Canada per the 2006 International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations 06-02 and 06-03. The North Atlantic 2008 directed baseline quotas plus the 2007 underharvest would be divided equally between the semiannual periods of January through May and June through December. In addition, NMFS proposes to modify the vessel chartering regulations to potentially allow Atlantic Highly Migratory Species (HMS) limited access permit (LAP) holders to charter foreign vessels under a chartering arrangement where catches taken would count against U.S. Atlantic HMS quotas or entitlements.
Marine Mammals; File No. 87-1851
Document Number: E8-27336
Type: Notice
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Dr. Daniel P. Costa, Department of Biology and Institute of Marine Sciences, University of California Santa Cruz, Santa Cruz, CA, has applied for an amendment to Scientific Research Permit No. 87-1851-00.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 30B
Document Number: E8-27335
Type: Proposed Rule
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish annual catch limits (ACLs) and accountability measures (AMs) for commercial and recreational gag, red grouper, and shallow-water grouper (SWG); establish a commercial quota for gag; adjust the commercial quotas for red grouper and shallow-water grouper; establish an incidental bycatch allowance trip limit for commercial gag and red grouper; reduce the commercial minimum size limit for red grouper; reduce the gag bag limit and the aggregate grouper bag limit; increase the red grouper bag limit; extend the closed season for recreational shallow-water grouper; establish a new reef fish seasonal-area closure; eliminate the end date for the Madison-Swanson and Steamboat Lumps marine reserves; and require that federally permitted reef fish vessels comply with the more restrictive of Federal or state reef fish regulations when fishing in state waters. In addition, Amendment 30B would establish management targets and thresholds for gag consistent with the requirements of the Sustainable Fisheries Act; set the gag and red grouper total allowable catch (TAC); and establish interim allocations for the commercial and recreational gag and red grouper fisheries. This proposed rule is intended to end overfishing of gag and maintain catch levels of red grouper consistent with achieving optimum yield.
President's Council on Integrity and Efficiency, Executive Council on Integrity and Efficiency; Senior Executive Service: Performance Review Board Membership
Document Number: E8-27334
Type: Notice
Date: 2008-11-18
Agency: Department of the Interior
The Office of Inspector General, Department of the Interior, published a document in the Federal Register of September 17, 2008, concerning the membership of the Senior Executive Service Performance Review Board for the President's Council on Integrity and Efficiency. We are correcting this document to include references to the Executive Council on Integrity and Efficiency.
Caribbean Fishery Management Council; Public Meetings
Document Number: E8-27333
Type: Notice
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.
Combined Notice of Filings
Document Number: E8-27332
Type: Notice
Date: 2008-11-18
Agency: Department of Energy, Federal Energy Regulatory Commission
North Pacific Fishery Management Council; Public Meeting
Document Number: E8-27331
Type: Notice
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, December 10-16, 2008, in Anchorage, AK.
Comment Request
Document Number: E8-27330
Type: Notice
Date: 2008-11-18
Agency: Department of Labor, Bureau of Labor Statistics
The Department of Labor through the Bureau of Labor Statistics (BLS) is responsible for the development and publication of occupational employment projections and related career information, including the education or training requirements for detailed occupations. These requirements are identified and estimated using one of two different systems developed by the Employment Projections program and are published in the Occupational Projections and Training Data bulletin and in a searchable database on the Employment Projections web site. Presenting data using two different systems has led to some confusion among customers of the Employment Projections program about which system to use and how to use them. BLS is currently soliciting comments on a proposal to revise the two systems into one integrated system.
Combined Notice of Filings
Document Number: E8-27329
Type: Notice
Date: 2008-11-18
Agency: Department of Energy, Federal Energy Regulatory Commission
Atlantic Highly Migratory Species; Inseason Action to Close the Commercial Porbeagle Shark Fishery
Document Number: E8-27327
Type: Rule
Date: 2008-11-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing the commercial fishery for porbeagle sharks in the Atlantic Ocean and Gulf of Mexico. This action is necessary because the porbeagle shark quotas for the 2008 fishing season have reached or are projected to have reached at least 80 percent of the available quota.
Agency Information Collection Activities: Proposed Collection, Comments Requested
Document Number: E8-27326
Type: Notice
Date: 2008-11-18
Agency: Federal Bureau of Investigation, Department of Justice
Request for OMB Clearance of an Information Collection
Document Number: E8-27325
Type: Notice
Date: 2008-11-18
Agency: Department of Transportation, Office of the Secretary
In compliance with the Paperwork Reduction Act of 1995, (44 U.S.C. 3501 et seq.), the U.S. Department of Transportation invites the general public, industry and other governmental parties to comment on the information collection request (ICR) OMB No. 2105-0009, Advisory Committee Candidate Biographical Information Request Form. The current information collection request approved by the Office of Management and Budget (OMB) expires on March 31, 2009.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E8-27324
Type: Notice
Date: 2008-11-18
Agency: Antitrust Division, Department of Justice
Administrative Practice and Procedure, Postal Service
Document Number: E8-27323
Type: Rule
Date: 2008-11-18
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Priority Mail Contract 3 (MC2009-4 and CP2009-5) to the Competitive Product List. It is also noticing a related contract. These actions are consistent with changes in a recent law governing postal operations and a related Postal Service request. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E8-27322
Type: Notice
Date: 2008-11-18
Agency: Department of Justice, Office of Justice Programs; Office of Juvenile Justice and Delinquency Prevention
Draft Guidance for Industry on Process Validation: General Principles and Practices; Availability
Document Number: E8-27321
Type: Notice
Date: 2008-11-18
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Process Validation: General Principles and Practices.'' FDA is revising its guidance for industry entitled ``Guideline on General Principles of Process Validation,'' which issued in May 1987 (the 1987 guidance). The revised draft guidance promotes a ``lifecycle'' approach to process validation that includes scientifically sound design practices, robust qualification, and process verification. When finalized, this draft guidance will replace the 1987 guidance.
Reports, Forms, and Recordkeeping Requirements
Document Number: E8-27320
Type: Notice
Date: 2008-11-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of phase-in information on the Appendix A-1 phase-in requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection'' for which NHTSA intends to seek OMB approval.
Notice of Public Hearing and Commission Meeting
Document Number: E8-27319
Type: Notice
Date: 2008-11-18
Agency: Susquehanna River Basin Commission, Agencies and Commissions
The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 8:30 a.m. on December 4, 2008, in Bel Air, Maryland. At the public hearing, the Commission will consider: (1) Approval of certain water resources projects; (2) a request for extension of an emergency certificate issued on October 30, 2008; and (3) adjustments to the SRBC Project Fee Schedule. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice.
Meeting of the Subcommittee on Early Site Permits; Notice of Meeting
Document Number: E8-27318
Type: Notice
Date: 2008-11-18
Agency: Nuclear Regulatory Commission, Agencies and Commissions, Advisory Committee on Reactor Safeguards (acrs)
Proposed Data Collection(s) Available for Public Comment and Recommendations
Document Number: E8-27317
Type: Notice
Date: 2008-11-18
Agency: Railroad Retirement Board, Agencies and Commissions
In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.
Submission for OMB Review; Comment Request
Document Number: E8-27316
Type: Notice
Date: 2008-11-18
Agency: Department of Agriculture
Submission for OMB Review; Comment Request
Document Number: E8-27315
Type: Notice
Date: 2008-11-18
Agency: Department of Agriculture
Meeting Notice
Document Number: E8-27314
Type: Notice
Date: 2008-11-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA announces a meeting of the Federal Interagency Committee on Emergency Medical Services (FICEMS) to be held in Washington, DC. This notice announces the date, time and location of the meeting, which will be open to the public.
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