November 21, 2008 – Federal Register Recent Federal Regulation Documents
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Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries
This final rule designates three species of pelagic squid as management unit species, and establishes permitting and reporting requirements for squid jig fishing vessels over 50 ft (15.4 m) in length. These vessels will also be required to carry Federal observers if requested by NMFS. The final rule is intended to improve information on squid jig fisheries and their ecosystem impacts, and to provide a basis for future management of the fishery, if needed.
Civil Penalties
This rule raises the maximum civil penalties that can be assessed as a result of DOT aviation enforcement actions for violations of certain economic provisions of U.S.C. Title 49. This inflation adjustment is required by the Federal Civil Penalties Inflation Adjustment Act of 1990 and the Debt Collection Improvement Act of 1996.
Fisheries in the Western Pacific; Crustacean Fisheries; Deepwater Shrimp
This final rule implements Amendment 13 to the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region (Crustacean FMP). The rule designates deepwater shrimp of the genus Heterocarpus as management unit species (MUS), and requires Federal permits and data reporting for deepwater shrimp fishing in Federal waters of the western Pacific. The final rule is intended to improve information on deepwater shrimp fisheries and their ecosystem impacts, and to provide a basis for future management of the fisheries, if needed.
Domestic Baggage Liability
In accordance with Department of Transportation regulations, this final rule raises the minimum limit on domestic baggage liability applicable to air carriers to reflect inflation since July 2006, the basis month of the most recent previous revision to the liability limit. Regulations require that the Department of Transportation periodically revise the limit to reflect changes in the Consumer Price Index for All Urban Consumers. This revision adjusts the minimum limit of liability from the current amount of $3,000 announced by the Department in January 2007 to $3,300, to take into account the changes in consumer prices since the prior revision.
Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas; Notice of Action Denying Petition for Reconsideration
The Environmental Protection Agency (EPA or the Agency) is providing notice that it has responded to a petition for reconsideration of the final rule, ``Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining Industry Processed in a Gasification System to Produce Synthesis Gas'', published at 73 FR 57 (January 2, 2008). The EPA considered the petition along with information contained in the rulemaking docket in reaching a decision on the petition. EPA Assistant Administrator Susan Parker Bodine denied the petition for reconsideration in a letter to the petitioners issued in November 2008. The letter explains EPA's reasons for the denial. Section 7006(a) of the Resource Conservation and Recovery Act (RCRA) states, in pertinent part, that judicial review of the denial of any petition for the amendment or repeal of any regulation under the Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit within 90 days of the denial.
Extension of Cross-Media Electronic Reporting Rule Deadline for Authorized Programs
Because EPA received comment, we are withdrawing the direct final rule for extension of the Cross-Media Electronic Reporting Rule (CROMERR) deadline for authorized programs (states, tribes, or local governments) with existing electronic document receiving systems to submit applications for EPA approval under CROMERR, published on October 17, 2008.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Termination of Expansion of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning
NMFS is announcing the termination of the revised and expanded Northern Temporary Paralytic Shellfish Poison (PSP) Closure Area, which became effective on July 2, 2008, and the return of the Northern and Southern Temporary PSP Closure Areas to their boundaries, previously implemented on January 1, 2008, and effective through December 31, 2008. Thus, the effect of this notice will be to partially reopen a large area around Nantucket Island to the harvest of certain shellfish species. Regulations governing fishery closures in response to public health threats require concurrence with the Secretary of Health and Human Services prior to any NMFS action on behalf of the Secretary of Commerce (Secretary).
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Gulf of Alaska
NMFS is opening directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2008 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.
The Treatment of Data Influenced by Exceptional Events (Exceptional Event Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS
The EPA issued a direct final rule on October 6, 2008, entitled, ``The Treatment of Data Influenced by Exceptional Events (Exceptional Events Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS.'' This document makes a minor correction to the Exceptional Events Rule to correct typographical errors in the technical notation of the ozone standard contained in the preamble and regulatory text for the rule.
Proposed Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2
The Environmental Protection Agency (EPA) proposed regulations for the underground injection of carbon dioxide (CO2) for geologic sequestration under the authority of the Safe Drinking Water Act (SDWA) on July 25, 2008. The initial public comment period for this proposal was 120 days, ending on November 24, 2008. In response to requests, this action extends the public comment period for an additional 30 days.
Availability of Funds and Collection of Checks
The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the Des Moines office of the Federal Reserve Bank of Chicago and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Chicago. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.
List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition
The U. S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by adding the MAGNASTOR System to the list of ``Approved Spent Fuel Storage Casks.'' This proposed rule would allow the holders of power reactor operating licenses to store spent fuel in the MAGNASTOR System under a general license.
List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to add the NAC International Inc. (NAC) MAGNASTOR cask system to the ``List of Approved Spent Fuel Storage Casks.'' This direct final rule allows the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license.
Medicare Program; Revisions to the Medicare Advantage and Prescription Drug Benefit Programs; Correcting Amendment
In the September 18, 2008 issue of the Federal Register (73 FR 54226), we published an interim final rule with comment period that revises the regulations governing the Medicare Advantage (MA) program (Part C), prescription drug benefit program (Part D) and section 1876 cost plans. The interim final rule makes conforming changes to the MA regulations to reflect new statutory requirements regarding special needs plans (SNP), private-fee-for-service plans (PFFS), regional preferred provider organizations (RPPO) plans, Medicare medical savings accounts (MSA) plans, and new statutory provisions governing cost- sharing for dual-eligible enrollees in the MA program prescription drug pricing, coverage, and payment processes in the Part D program. In addition, the interim final rule 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. Both the conforming changes to the regulations to reflect new statutory provisions and the new marketing requirements are based on provisions in the Medicare Improvements for Patients and Providers Act (MIPPA), which became law on July 15, 2008. This correcting amendment corrects technical and typographical errors identified in the September 18, 2008 interim final rule.
Worker Visibility
The FHWA is revising its regulations to address safety concerns raised by the firefighting community regarding high-visibility safety apparel. Due to imminent safety implications to firefighters, the FHWA has determined that there is good cause under the Administrative Procedure Act to dispense with notice and opportunity for comment as it would be contrary to the public interest. Therefore, we are issuing an Interim Final Rule, effective immediately, pursuant to the Administrative Procedure Act, and revising FHWA regulations accordingly.
Roadmap for the Potential Use of Financial Statements Prepared in Accordance With International Financial Reporting Standards by U.S. Issuers
The Securities and Exchange Commission (``Commission'') is proposing a Roadmap for the potential use of financial statements prepared in accordance with International Financial Reporting Standards (``IFRS'') as issued by the International Accounting Standards Board by U.S. issuers for purposes of their filings with the Commission. This Roadmap sets forth several milestones that, if achieved, could lead to the required use of IFRS by U.S. issuers in 2014 if the Commission believes it to be in the public interest and for the protection of investors. This Roadmap also includes discussion of various areas of consideration for market participants related to the eventual use of IFRS in the United States. As part of the Roadmap, the Commission is proposing amendments to various regulations, rules and forms that would permit early use of IFRS by a limited number of U.S. issuers where this would enhance the comparability of financial information to investors. Only an issuer whose industry uses IFRS as the basis of financial reporting more than any other set of standards would be eligible to elect to use IFRS, beginning with filings in 2010.
Regulations Pertaining to Mergers, Acquisitions, and Takeovers by Foreign Persons
This Final Rule amends regulations in part 800 of 31 CFR that implement section 721 of the Defense Production Act of 1950 (``section 721''), as amended by the Foreign Investment and National Security Act of 2007, codified at 50 U.S.C. App. 2170. While the revised regulations retain many features of the prior regulations, a number of changes have been made to implement section 721, increase clarity, reflect developments in business practices over the past several years, and make additional improvements based on experiences with the prior regulations.
Airworthiness Directives; Boeing Model 767 Airplanes
We are revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 767 airplanes. The original NPRM would have required modifying the link arms of the number 2 windows in the flight compartment. The original NPRM resulted from reports of the number 2 windows opening during takeoff roll, which has resulted in aborted takeoffs. This supplemental NPRM would require an inspection of the number 2 windows to determine whether the link arms are in the over-center position. The results of the inspection would determine the need for the modification. This supplemental NPRM would also require the inspection and applicable corrective action following any rigging change or replacement of any number 2 window assembly. We are proposing this supplemental NPRM to prevent the opening of the number 2 windows during takeoff roll, which could result in an aborted takeoff or an unscheduled landing, and adversely affect the flightcrew's ability to perform critical takeoff communication.
Patient Safety and Quality Improvement
The Secretary of Health and Human Services is adopting rules to implement certain aspects of the Patient Safety and Quality Improvement Act of 2005, Pub. L. 109-41, 42 U.S.C. 299b-21b-26 (Patient Safety Act). The final rule establishes a framework by which hospitals, doctors, and other health care providers may voluntarily report information to Patient Safety Organizations (PSOs), on a privileged and confidential basis, for the aggregation and analysis of patient safety events. The final rule outlines the requirements that entities must meet to become PSOs and the processes by which the Secretary will review and accept certifications and list PSOs. It also describes the privilege and confidentiality protections for the information that is assembled and developed by providers and PSOs, the exceptions to these privilege and confidentiality protections, and the procedures for the imposition of civil money penalties for the knowing or reckless impermissible disclosure of patient safety work product.
United States Standards for Grades of Potatoes
The Agricultural Marketing Service (AMS) published a final rule in the Federal Register on March 21, 2008 (FR Doc. 08-1058), revising the United States Standards of Grades of Potatoes. As published, the final regulations contain errors in Sec. Sec. 51.1545, 51.1546, 51.1664, and 51.1565 that are misleading and are in need of clarification. This document corrects those errors.
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