November 24, 2008 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference
Document Number: E8-27864
Type: Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
EPA is updating the materials submitted by Rhode Island that are incorporated by reference (IBR) into the State implementation plan (SIP). In this action, EPA is also notifying the public of the correction of certain typographical errors within the IBR Tables. The regulations affected by this update have been previously submitted by the Rhode Island Department of Environmental Management (DEM) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
Employee Stock Purchase Plans Under Internal Revenue Code Section 423; Hearing
Document Number: E8-27862
Type: Proposed Rule
Date: 2008-11-24
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations relating to options granted under an employee stock purchase plan as defined in section 423 of the Internal Revenue Code. These proposed regulations affect certain taxpayers who participate in the transfer of stock pursuant to the exercise of options granted under an employee stock purchase plan.
Wisconsin: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: E8-27855
Type: Proposed Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
Wisconsin has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Wisconsin's application and has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes. We are proposing to authorize the renumbering and revision of Wisconsin's previously authorized regulations.
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers
Document Number: E8-27854
Type: Rule
Date: 2008-11-24
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers, Report and Order and Further Notice of Proposed Rulemaking, FCC 08-151 (Report and Order). This notice is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the rules.
Catastrophic Risk Protection Endorsement; Group Risk Plan of Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions
Document Number: E8-27845
Type: Rule
Date: 2008-11-24
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) amends the Catastrophic Risk Protection Endorsement, the Group Risk Plan of Insurance Regulations, and the Common Crop Insurance Regulations, Basic Provisions to revise those provisions affected by the changes mandated by the Food, Conservation, and Energy Act of 2008 (Farm Bill 2008).
Safety Zone: Oregon Inlet, North Carolina, Dredge Project
Document Number: E8-27844
Type: Rule
Date: 2008-11-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone around the Dredge R.S. Weeks during dredging operations in Oregon Inlet, North Carolina. This safety zone will enhance the safety of vessels transiting Oregon Inlet, North Carolina during periods of dredging operations. This project is being undertaken to increase the water depth in Oregon Inlet, North Carolina to 14 feet. Entry into the safety zone is prohibited unless authorized by the Captain of the Port, North Carolina.
Drawbridge Operation Regulations; Jamaica Bay, New York, NY, Maintenance
Document Number: E8-27843
Type: Rule
Date: 2008-11-24
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge at mile 6.7, across Jamaica Bay, at New York City, New York. Under this temporary deviation the Beach Channel Railroad Bridge may remain in the closed position for two weekends in December. This deviation is necessary to facilitate bridge track repairs.
Drawbridge Operation Regulations; Connecticut River, Old Lyme, CT, Maintenance
Document Number: E8-27842
Type: Rule
Date: 2008-11-24
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Amtrak Railroad Bridge, across the Connecticut River, mile 3.4, at Old Lyme, Connecticut. Under this temporary deviation the bridge may remain in the closed position for nine days in December and twelve days in January to facilitate required bridge maintenance.
Safety Zone; Fireworks Display, Potomac River, National Harbor, MD
Document Number: E8-27841
Type: Rule
Date: 2008-11-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a discharge barge located at National Harbor, in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River.
Management Costs
Document Number: E8-27839
Type: Rule
Date: 2008-11-24
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) is announcing the date, time, and location for a meeting regarding the Management Costs Interim Rule (1660-AA21). This meeting will be open to the public. FEMA also announces the reopening of the comment period for the Management Costs Interim Rule.
Examining System
Document Number: E8-27834
Type: Proposed Rule
Date: 2008-11-24
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is issuing a proposed regulation to amend its direct-hire authority regulations. The amendment is necessary to incorporate a statutory extension of direct- hire authority for certain acquisition positions.
Buy America Requirements; Bi-Metallic Composite Conducting Rail
Document Number: E8-27820
Type: Proposed Rule
Date: 2008-11-24
Agency: Federal Transit Administration, Department of Transportation
Following the two recent Buy America rulemakings pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the Federal Transit Administration (FTA) received a petition for reconsideration of the treatment of bi-metallic composite conducting rail as a steel product that must be manufactured in the United States. At present, FTA's Buy America regulation treats both running rail and contact rail as a steel or iron product which must be manufactured entirely in the United States. During the recent rulemakings, several commenters proposed that bi-metallic rail be instead categorized as ``traction power equipment.'' If adopted, the proposal would have changed the regulatory treatment of contact rail based on the rail's composition. As traction power equipment, bi-metallic rail would have been subject to a lower 60 percent domestic content requirement, in contrast to running rail made of steel and iron, which must contain 100 percent domestic content. In addition, as traction power equipment, bi- metallic rail would be subject only to ``final assembly'' in the United States, which may be a less rigorous process than the manufacturing process required for other forms of power rail, including steel and iron. Because FTA believed adopting the proposal in the Final Rule would have altered the regulatory environment for affected parties who may have been unaware of the proposal, including manufacturers of steel and iron contact rail, without subjecting the issue to full notice-and- comment from all affected parties, FTA declined to adopt the proposal, instead deferring action to this separate rulemaking. Through this Notice of Proposed Rulemaking (NRPM), FTA proposes to amend its Buy America regulations to re-categorize bi-metallic composite conducting rail as ``traction power equipment'' which need only consist of 60 percent domestic content, with final assembly taking place in the United States.
Proposed Flood Elevation Determinations
Document Number: E8-27811
Type: Proposed Rule
Date: 2008-11-24
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Medicaid Program; State Allotments for Payment of Medicare Part B Premiums for Qualifying Individuals: Federal Fiscal Year 2008 and Federal Fiscal Year 2009
Document Number: E8-27810
Type: Rule
Date: 2008-11-24
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This interim final rule with comment period makes technical changes to the existing methodology and process used to compute and issue each State's preliminary and final allotments available to pay the Medicare Part B premiums for qualifying individuals (QIs). The technical revisions conform the existing regulations to reflect continued funding of this program. Additionally, this rule contains charts providing the States' final QI allotments for the Federal fiscal year (FY) 2008 and preliminary QI allotments for FY 2009, determined in accordance with the methodology set forth in the October 2006 final rule, and reflecting funding for the QI program made available under recent legislation.
Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default: Reopening of Public Comment Period
Document Number: E8-27807
Type: Proposed Rule
Date: 2008-11-24
Agency: Department of Housing and Urban Development
On August 21, 2008, the Department published a proposed rule entitled, ``Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default.'' The comment period for this proposed rule ended on October 20, 2008. This notice reopens the comment period for the proposed rule to allow for additional public comment.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
Document Number: E8-27789
Type: Rule
Date: 2008-11-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update references and the list of Army contracting activities.
Defense Federal Acquisition Regulation Supplement; Carriage Vessel Overhaul, Repair, and Maintenance (DFARS Case 2007-D001)
Document Number: E8-27782
Type: Rule
Date: 2008-11-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 1017 of the National Defense Authorization Act for Fiscal Year 2007. Section 1017 requires DoD to establish an evaluation criterion, for use in obtaining carriage of cargo by vessel, that considers the extent to which an offeror has had overhaul, repair, and maintenance work for covered vessels performed in shipyards located in the United States or Guam.
Defense Federal Acquisition Regulation Supplement; Least Developed Countries That Are Designated Countries DFARS Case 2008-D019
Document Number: E8-27781
Type: Rule
Date: 2008-11-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the list of ``least developed'' countries that are designated as eligible countries under the Trade Agreements Act, in accordance with direction from the United States Trade Representative.
Defense Federal Acquisition Regulation Supplement; Limitations on DoD Non-Commercial Time-and-Materials Contracts DFARS Case 2007-D021
Document Number: E8-27780
Type: Rule
Date: 2008-11-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address review and documentation requirements pertaining to the use of time-and-materials contracts for the acquisition of non-commercial services. The rule provides for the same level of review for both commercial and non- commercial DoD time-and-materials contracts.
Defense Federal Acquisition Regulation Supplement; Reports of Government Property (DFARS Case 2005-D015)
Document Number: E8-27779
Type: Rule
Date: 2008-11-24
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for reporting of Government property in the possession of DoD contractors. The rule replaces DD Form 1662 reporting requirements with requirements for DoD contractors to electronically submit, to the Item Unique Identification (IUID) Registry, the IUID data applicable to the Government property in the contractor's possession.
Satellite Licensing Procedures
Document Number: E8-27769
Type: Rule
Date: 2008-11-24
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission adopts new procedures for non-routine earth station applications, and adopts a reasonableness standard for contention protocol usage. These actions are necessary to expedite the licensing of earth stations often used to provide satellite-based broadband Internet access services.
Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan-“Permit by Rule” Provision
Document Number: E8-27740
Type: Proposed Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the State Implementation Plan (SIP) submitted by the State of Tennessee on October 12, 2007. The revision pertains to the Knox County portion of the Tennessee SIP and includes changes to Knox County Air Quality Management Regulation (Knox County Regulation) Section 25.10Permit by Rule. Specifically, Section 25.10 was changed so that it clearly states that turbines and other internal combustion engines are excluded from the ``Permit by Rule'' provision. This revision is considered by the Tennessee Department of Environment and Conservation (TDEC), to be as or more stringent than the State of Tennessee's SIP requirements. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). In the Final Rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan-“Permit by Rule” Provision
Document Number: E8-27739
Type: Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the State of Tennessee on October 12, 2007. The revision pertains to the Knox County portion of the Tennessee SIP and includes changes to Knox County Air Quality Management Regulation (Knox County Regulation) Section 25.10Permit by Rule. Specifically, Section 25.10 was changed so that it clearly states that turbines and other internal combustion engines are excluded from the ``Permit by Rule'' provision. This revision is considered by the Tennessee Department of Environment and Conservation (TDEC), to be as or more stringent than the State of Tennessee's SIP requirements. This action is being taken pursuant to section 110 of the Clean Air Act (CAA).
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District, Mojave Desert Air Quality Management District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District
Document Number: E8-27737
Type: Proposed Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Mojave Desert Air Quality Management District (MDAQMD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound emissions from storage of reactive organic compound liquids, polyester resin operations, coatings of metal parts and products, and adhesives and sealants. We are proposing to approve local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District, Mojave Desert Air Quality Management District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District
Document Number: E8-27735
Type: Rule
Date: 2008-11-24
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Mojave Desert Air Quality Management District (MDAQMD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from storage of reactive organic compound liquids, polyester resin operations, coatings of metal parts and products, and adhesives and sealants. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Migratory Bird Hunting and Permits; Regulations for Managing Harvest of Light Goose Populations
Document Number: E8-27700
Type: Rule
Date: 2008-11-24
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on November 5, 2008, that sets forth regulations that authorize measures to increase harvest of certain populations of light geese, revise the regulations for the management of overabundant light goose populations, and modify the conservation order that will increase take of birds from such populations. That final rule contained errors in two amendatory instructions and certain corresponding text of the regulations; one error would incorrectly remove changes made to the regulations at 50 CFR part 20 in a series of final rules we published concerning hunting methods for resident Canada geese and the other mischaracterizes the contents of subpart E of 50 CFR part 21. This document corrects those errors.
Airworthiness Directives; Eclipse Aviation Corporation Model EA500 Airplanes
Document Number: E8-27699
Type: Rule
Date: 2008-11-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes equipped with a Pratt and Whitney Canada, Corp. (PWC) PW610F-A engine. This AD requires you to incorporate operating limitations into Section 2, Limitations, of the airplane flight manual (AFM). This AD results from several incidents of engine surge. We are issuing this AD to prevent hard carbon buildup on the static vane, which could result in engine surges. Engine surges may result in a necessary reduction in thrust and decreased power for the affected engine. In some cases, this could result in flight and landing under single-engine conditions.
Definitions; Disclosure to Shareholders; Accounting and Reporting Requirements; Disclosure and Accounting Requirements
Document Number: E8-27654
Type: Proposed Rule
Date: 2008-11-24
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA, we, or our) is proposing to amend and/or make revisions and technical changes to our regulations. These amendments are proposed to clarify FCA's regulations related to disclosure and reporting practices of Farm Credit System (System) institutions. In addition, they will ensure that FCA regulations are consistent with System structural changes and are updated to include changes to accounting and reporting standards.
United States Department of Agriculture Research Misconduct Regulations for Extramural Research
Document Number: E8-27607
Type: Proposed Rule
Date: 2008-11-24
Agency: Office of the Secretary, Department of Agriculture
The U.S. Department of Agriculture (USDA) proposes to establish regulations to implement the Federal Policy on Research Misconduct applicable to extramural research. The proposed regulation defines research misconduct and establishes basic USDA requirements for the conduct of fair and timely investigations of alleged or suspected infractions. The proposed regulation also includes instructions on USDA administrative actions when research misconduct is found.
Special Conditions: General Electric Company GEnx-2B Model Turbofan Engines
Document Number: E8-27540
Type: Proposed Rule
Date: 2008-11-24
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes special conditions for General Electric Company (GE) GEnx-2B67 and GEnx-2B69 model turbofan engines. The fan blades of these engines will have novel or unusual design features when compared to the state of technology envisioned in the part 33 airworthiness standards. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the added safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards of 14 CFR part 33.
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