November 28, 2008 – Federal Register Recent Federal Regulation Documents

Miscellaneous Amendments to the Federal Railroad Administration's Accident/Incident Reporting Requirements
Document Number: E8-28443
Type: Proposed Rule
Date: 2008-11-28
Agency: Federal Railroad Administration, Department of Transportation
By notice of proposed rulemaking (NPRM) published on September 9, 2008 (73 FR 52496), FRA proposed revisions to its regulations governing railroad accident/incident recording and reporting. This document announces a public hearing to provide interested parties the opportunity to comment on the NPRM and announces a thirty (30) day extension of the comment period, which closed November 10, 2008, to commence on the date of the public hearing. This extension provides interested parties the opportunity to comment on the NPRM and to respond to matters that arise at the public hearing related to the NPRM.
Kansas Regulatory Program
Document Number: E8-28337
Type: Rule
Date: 2008-11-28
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving amendments to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposed revisions to its 2006 Revegetation Success Guidelines, Normal Husbandry Practices, and State Regulations. Kansas intends to revise its program to improve operational efficiency.
Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl Bromide
Document Number: E8-28328
Type: Proposed Rule
Date: 2008-11-28
Agency: Environmental Protection Agency
EPA is proposing an exemption to the phaseout of methyl bromide to meet the needs of 2009 critical uses. Specifically, EPA is proposing uses that qualify for the 2009 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2009. EPA is taking action under the authority of the Clean Air Act to reflect a recent consensus decision taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Nineteenth Meeting of the Parties. EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.
Diflubenzuron; Pesticide Tolerances for Emergency Exemptions
Document Number: E8-28308
Type: Rule
Date: 2008-11-28
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of diflubenzuron and its metabolites p- chlorophenylurea and p-chloroaniline in or on alfalfa, forage and alfalfa, hay. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on alfalfa and mixed grass/alfalfa fields. This regulation establishes a maximum permissible level for residues of diflubenzuron and its metabolites p-chlorophenylurea and p-chloroaniline, in these food commodities. The time-limited tolerances expire and are revoked on December 31, 2011.
Guides Concerning the Use of Endorsements and Testimonials in Advertising
Document Number: E8-28294
Type: Proposed Rule
Date: 2008-11-28
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Guides'').
Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation and Waste Confidence Decision Update: Extension of Comment Period
Document Number: E8-28278
Type: Proposed Rule
Date: 2008-11-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On October 9, 2008, the Nuclear Regulatory Commission (NRC) published for public comment a proposal to amend its generic determination of no significant environmental impact for the temporary storage of spent fuel after cessation of reactor operation codified at 10 CFR 51.23(a) (73 FR 59547) and a related update and proposed revision of its 1990 Waste Confidence Decision (73 FR 59551). The comment period for this proposed rule and for the proposed revisions of its Waste Confidence Decision was to have expired on December 8, 2008. A number of requests for extension of the comment period have been received. The NRC has decided to extend the comment period for an additional 60 days.
Airworthiness Directives; Honeywell International Inc. ALF502L-2 and ALF502L-2C Turbofan Engines
Document Number: E8-28269
Type: Proposed Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Honeywell International Inc. ALF502L-2 and ALF502L-2C turbofan engines with certain high-pressure compressor (HPC) first stage discs installed. This proposed AD would require performing a dimensional inspection to determine if excessive disc balance material was removed and a magnetic particle inspection if the disc passes the dimensional inspection. This proposed AD results from reports of discs found with excessive material removed from the balancing material of the disc. We are proposing this AD to prevent the discs from fracturing before reaching the currently published life limit. A disc fracture could result in an uncontained failure of the disc and damage to the airplane.
Title I-Improving the Academic Achievement of the Disadvantaged
Document Number: E8-28266
Type: Rule
Date: 2008-11-28
Agency: Department of Education
The Department of Education is correcting a final regulation that was published in the Federal Register on October 29, 2008 (73 FR 64436). The final regulations clarified and strengthened the Title I regulations in the areas of assessment, accountability, public school choice, and supplemental educational services.
HUD Programs: Violence Against Women Act Conforming Amendments
Document Number: E8-28235
Type: Rule
Date: 2008-11-28
Agency: Department of Housing and Urban Development
This interim rule conforms HUD's regulations to the self- implementing provisions of the statutory protections for victims of domestic violence, dating violence, sexual assault, and stalking provided by the Violence Against Women Act (VAWA), as recently amended. These new protections apply to families applying for or receiving rental assistance under HUD's public housing and tenant-based and project-based Section 8 programs. The primary objectives of VAWA are to reduce violence against women and to protect the safety and confidentiality of victims of domestic violence and abuse.
Contract Reporting Requirements of Intrastate Natural Gas Companies
Document Number: E8-28218
Type: Proposed Rule
Date: 2008-11-28
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is considering whether to revise its contract reporting requirements for those natural gas pipelines that fall under the Commission's jurisdiction pursuant to section 311 of the Natural Gas Policy Act of 1978 or section 1(c) of the Natural Gas Act. This Notice of Inquiry will assist the Commission in determining what changes, if any, should be made to its regulations.
Substantiation and Reporting Requirements for Cash and Noncash Charitable Contribution Deductions; Hearing
Document Number: E8-28212
Type: Proposed Rule
Date: 2008-11-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations relating to the substantiation and reporting requirements for cash and noncash charitable contributions under section 170 of the Internal Revenue Code. The regulations reflect the enactment of provisions of the American Jobs Creation Act of 2004 and the Pension Protection Act of 2006. The regulations provide guidance to individuals, partnerships, and corporations that make charitable contributions, and will affect any donor claiming a deduction for a charitable contribution after the date these regulations are published as final regulations in the Federal Register.
Classification of Certain Foreign Entities
Document Number: E8-28211
Type: Rule
Date: 2008-11-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to certain business entities included on the list of foreign business entities that are always classified as corporations for Federal tax purposes. The regulations are needed to make the Federal tax classification of the Bulgarian public limited liability company (aktsionerno druzhestvo) consistent with the Federal tax classification of public limited liability companies organized in other countries of the European Economic Area. The regulations will affect persons owning an interest in a Bulgarian aktsionerno druzhestvo on or after January 1, 2007.
Information Disclosure Under Section 6(b) of the Consumer Product Safety Act
Document Number: E8-28200
Type: Rule
Date: 2008-11-28
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Improvement Act of 2008, Public Law 110-314, 122 Stat. 3016, enacted August 14, 2008, amends section 6 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2051 et seq. Specifically, the amendments shorten the time periods for notice and opportunity to comment on public disclosure of product-specific information, broaden the statutory exceptions to section 6(b), and eliminate the Federal Register publication requirement the Commission previously had to follow when it made a finding that the public health and safety required public disclosure within a lesser period of notice than that is required by section 6(b)(1). The Commission is issuing this rule to reflect the newly-enacted statutory amendments on public disclosure of product-specific information.
Per Diem for Nursing Home Care of Veterans in State Homes
Document Number: E8-28171
Type: Proposed Rule
Date: 2008-11-28
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its regulations which set forth a mechanism for paying per diem to State homes providing nursing home care to eligible veterans. More specifically, we are proposing to update the basic per diem rate, to implement provisions of the Veterans Benefits, Health Care, and Information Technology Act of 2006, and to make several other changes to better ensure that veterans receive quality care in State homes.
Airworthiness Directives; MD Helicopters, Inc. Model 500N and 600N Helicopters
Document Number: E8-28110
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
This document supersedes AD 2008-18-52 and publishes in the Federal Register an amendment adopting Emergency Airworthiness Directive (AD) 2008-22-52 which was sent previously to all known U.S. owners and operators of MD Helicopters, Inc. (MDHI) Model 500N and 600N helicopters by individual letters. This AD requires turning OFF the Yaw Stability Augmentation System (YSAS); installing a placard that limits airspeed to 100 KTS or VNE, whichever is less; and revising the limitations section of the Rotorcraft Flight Manual (RFM) to reflect that limitation. Finally, replacing the adapter tubes with airworthy adapter tubes that have a production date code stamp is required. This AD is prompted by several occurrences of failed adapter tubes on the Model MD900 helicopter which uses the same adapter tubes. The actions specified by this AD are intended to prevent loss of yaw control and subsequent loss of control of the helicopter.
Airworthiness Directives; MD Helicopters, Inc. Model 600N Helicopters
Document Number: E8-28108
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
This document corrects airworthiness directive (AD) 2008-20-05 which was published on October 10, 2008 (73 FR 60102) and applies to MD Helicopters, Inc. (MDHI) Model 600N helicopters. AD 2008-20-05 requires modifying the fuselage aft section, repetitively inspecting the tailboom attachment fittings, installing inspection holes and attachment bolt washers, modifying both access covers, and replacing broken attachment bolts. This document corrects the AD number that is incorrectly listed as 2008-20-08 on page 60104 of the AD.
Airworthiness Directives; Bombardier Model BD-700-1A10 and BD-700-1A11 Airplanes
Document Number: E8-28103
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Federal Motor Vehicle Safety Standards: Tires; Correction, Occupant Crash Protection; Correction
Document Number: E8-28096
Type: Rule
Date: 2008-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document corrects Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles, which specifies tire dimensions, test requirements, and labeling requirements and which defines tire load ratings for certain types of light vehicle tires. The corrections relate to a definition for snow tires and tire marking requirements, which were inadvertently removed. This document also corrects FMVSS No. 208, Occupant Crash Protection, with respect to specifying a test tolerance for a procedure used to test air bag suppression systems and low risk deployment systems.
Tire Registration and Recordkeeping
Document Number: E8-28094
Type: Rule
Date: 2008-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
In this final rule, we are amending our tire identification and recordkeeping regulation to codify existing interpretations regarding opportunities for electronic registration of tire sales and leases and to create new opportunities for the public to use electronic means to register new tires. This regulation requires manufacturer- owned tire distributors and dealers to register the names and addresses of the people to whom they sell or lease new tires, and currently specifies the use of standardized paper forms for this purpose. It also requires independent distributors and dealers to provide purchasers with standardized registration forms, with the tire identification number filled in, that they can complete and mail to the manufacturer or its designee. Today's rule accommodates and facilitates Internet and other electronic registration of tires, including voluntary registration of tires by independent dealers.
Airworthiness Directives; Pratt & Whitney Canada Corp. JT15D-5; -5B; -5F; and -5R Turbofan Engines
Document Number: E8-28062
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as follows:
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-28041
Type: Rule
Date: 2008-11-28
Agency: Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-28035
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Special Conditions: Embraer Model EMB-500 Series Airplane Special Conditions for Flight Performance, Flight Characteristics, and Operating Limitations
Document Number: E8-28025
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer Model EMB- 500 series airplane. This airplane will have a novel or unusual design feature(s) associated with engine location, certain performance, flight characteristics and operating limitations necessary for this type of airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-300, A340-500, and A340-600 Series Airplanes
Document Number: E8-27940
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800 and -900 Series Airplanes
Document Number: E8-27926
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes. This AD requires an inspection of the escape slides for the forward and aft entry and service doors to determine the part number and service bulletin number stenciled on the escape slide girt, and modification of the escape slide assemblies. This AD also requires concurrent modification of the escape slide latch assemblies; concurrent inspection of the escape slides to determine the part number and service bulletin number stenciled on the escape slide girts, and replacement of the trigger housing on the regulator valve with an improved trigger housing if necessary; and concurrent replacement of the rod in the pilot valve regulator with a new, improved rod; as applicable. This AD results from reports that certain escape slides did not automatically inflate when deployed or after the manual inflation cable was pulled. We are issuing this AD to prevent failure of an escape slide to inflate when deployed, which could result in the slide being unusable during an emergency evacuation and consequent injury to passengers or crewmembers.
Airworthiness Directives; Vulcanair S.p.A. Model P68 Series Airplanes
Document Number: E8-27916
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
Document Number: E8-27848
Type: Proposed Rule
Date: 2008-11-28
Agency: Environmental Protection Agency
The Environmental Protection Agency is proposing a regulation that would strengthen the existing regulatory program for discharges from construction sites by establishing technology-based Effluent Limitations Guidelines and New Source Performance Standards for the Construction and Development (C&D) point source category. This proposal, if implemented, would significantly reduce the amount of sediment and other pollutants discharged from construction sites. EPA estimates that this proposed rule would cost $1.9 billion dollars per year with annual monetized benefits of $332.9 million. This proposed rule requests comment and information on the proposed regulation and an alternate option with a different numeric limit based on different technologies, as well as specific aspects of the proposal such as technologies, costs, loading reductions, and economic achievability.
Pricing and Mailing Standards Changes for Shipping Services
Document Number: E8-27576
Type: Rule
Date: 2008-11-28
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to reflect changes to the prices and standards for the following Shipping Services: Express Mail[supreg] Priority Mail[supreg] Parcel Select[supreg] Parcel Return Service[supreg]
Airworthiness Directives; Rolls-Royce plc Models RB211 Trent 768-60, Trent 772-60, and Trent 772B-60 Turbofan Engines
Document Number: E8-27298
Type: Rule
Date: 2008-11-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce plc (RR) models RB211 Trent 768-60, Trent 772-60, and Trent 772B-60 turbofan engines that have not incorporated RR Service Bulletin (SB) No. RB.211-72-E708, SB No. RB.211-72-F227, or SB No. RB.211-72-E965, at original issue or later revision. That AD currently requires initial and repetitive borescope inspections of the high-pressure/intermediate-pressure (HP/IP) turbine bearing internal oil vent tube, scavenge tube, and tube heat shields for wear and cracking, and removing tubes from service if found with any cracks beyond serviceable limits. That AD also currently requires installation of a new or modified HP/IP turbine bearings support as terminating action for the repetitive borescope inspections. This AD has the same requirements, and adds a repetitive inspection of the vent flow restrictor for blockage. This AD results from RR revising their alert service bulletin for inspection of the HP/IP turbine bearing internal oil vent tube, scavenge tube, and tube heat shields for damage, to include a repetitive inspection of the vent flow restrictor for blockage. We are issuing this AD to prevent oil ejecting from the HP/IP turbine bearings chamber and igniting. Burning oil can cause the intermediate-pressure (IP) shaft to fracture, the IP turbine to overspeed, and possible uncontained failure of the engine.
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