November 19, 2008 – Federal Register Recent Federal Regulation Documents

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.

This regulation establishes an exemption from the requirement of a tolerance for residues of the polyoxin D zinc salt (zinc 5-[[2- amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5-carb oxy-3,4- dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D- allofuranuronatein) on almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome fruits, potatoes and strawberries when applied/used as a biochemical pesticide to control and suppress fungal diseases. Arysta LifeScience North America Corporation 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 polyoxin D zinc salt (zinc 5- [[2-amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5- carboxy- 3,4-dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D - allofuranuronatein).

NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, Alaska local time, November 16, 2008. This action is necessary to fully use the 2008 Pacific halibut prohibited species catch (PSC) limit specified for vessels using trawl gear in the GOA.

The Architectural and Transportation Barriers Compliance Board (Access Board) has placed in the docket and on its Web site for public review and comment a second draft of revisions to the Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles. The second draft is being issued because the format has been significantly changed, provisions for over-the-road buses have been added, and changes have been made in response to comments on the first draft. The draft revisions cover only buses, over-the-road buses, and vans. Draft revisions to the guidelines for other modes will be issued later. Comments will be accepted on the second draft, and the Access Board will consider those comments prior to issuing a notice of proposed rulemaking to update the guidelines.

The Nuclear Regulatory Commission (NRC) is making available preliminary draft proposed rule language to amend its regulations to add a new part 37 to Title 10 of the Code of Federal Regulations. This new Part 37 will contain the security (physical protection) requirements that are designed to provide reasonable assurance of preventing the theft or diversion of Category 1 and Category 2 quantities of radioactive material as designated by the International Atomic Energy Agency (IAEA). The new provisions will address background checks, fingerprinting, access control, physical security during use, and physical security during any transport of category 1 and category 2 quantities of material. At this time, the staff is only posting the preliminary draft language for the physical protection of the material while it is being transported. These requirements will be contained in subpart D of the new part 37. Draft preliminary language for other aspects of the proposed new part 37 will be posted and noticed in the future. The availability of the preliminary draft rule language is intended to inform stakeholders of the current status of the NRC's activities and solicit public comments on the information at this time. Comments may be provided as indicated under the ADDRESSES heading. The NRC may post updates periodically under Docket NRC-2008-0120 on the Federal eRulemaking Portal at https://www.regulations.gov that may be of interest to stakeholders.

This document contains a minor correction to the final rulemaking that the Department of Veterans Affairs (VA) published at 73 FR 54693 on September 23, 2008. The rulemaking relates to a revision of the portion of VA's Schedule for Rating Disabilities that addresses neurological conditions and convulsive disorders to provide detailed and updated criteria for evaluating residuals of traumatic brain injury (TBI).

FMCSA adopts as final the provisions of the Agency's December 17, 2007, interim final rule concerning hours of service (HOS) for commercial motor vehicle (CMV) drivers. This final rule allows CMV drivers to continue to drive up to 11 hours within a 14-hour, non- extendable window from the start of the workday, following at least 10 consecutive hours off duty (11-hour rule). The rule also allows motor carriers and drivers to continue to restart calculations of the weekly on-duty limits after the driver has at least 34 consecutive hours off duty (34-hour restart).

The Securities and Exchange Commission (``Commission'') is amending Rules 30-18 \1\ and 30-7 \2\ to delegate to the Director of the Office of Compliance Inspections and Examinations (``OCIE'') and the Secretary of the Commission, respectively, functions currently delegated to the Associate Executive Director of the Office of Filings and Information Services (``OFIS''). This re-delegation reflects the transfer to OCIE and the Office of the Secretary of functions previously performed by OFIS, which was fully dissolved in May 2007. The Commission is delegating to the Director of OCIE functions relating to, among other things, the granting and cancellation of the registrations of brokers, dealers, municipal securities dealers, government securities brokers or government securities dealers for which the Commission is the appropriate regulatory agency, transfer agents, and investment advisers. The Commission is delegating to the Secretary of the Commission the function of authenticating all Commission documents produced for administrative and judicial proceedings.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments are proposed by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. The proposed amendments would redefine the districts into which the production area is divided, and provide for reallocation of committee membership; revise the committee selection and nomination processes; add authority for the committee to recommend and conduct research and market development programs; and revise committee meeting and voting procedures. In addition, the Agricultural Marketing Service (AMS) proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing. The proposals are intended to provide additional flexibility in administration of the order and provide the industry with additional tools to aid in the marketing of kiwifruit.

In this document, the Commission announces that the Office of Management and Budget (OMB) approved the information collection 3060- 0849 associated with Subpart P of Part 76. These revised rules will take effect as of the date of this notice. On July 15, 1998, the Commission published the summary document of the Report and Order, In the Matter of Commercial Availability of Navigation Devices, CS Docket No. 97-80; FCC 98-116, at 63 FR 38089.