November 2008 – Federal Register Recent Federal Regulation Documents

The Department of Education (Department) gives notice that, on August 28, 2008, an arbitration panel rendered a decision in the matter of Teresa Alcorn v. Kentucky Office for the Blind, Case no. R-S/07-3. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Teresa Alcorn.

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 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.

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.

EPA expressed environmental concerns about water quality and stormwater impacts and the mitigation of those impacts. Rating EC2. EIS No. 20080331, ERP No. D-NOA-L91032-00, Proposed Acceptable Biological Catch (ABC) and Optimum Yield (OY) Specifications and Management Measures for the 2009-2010 Pacific Coast Groundfish Fishery Management Plan, Implementation, WA, OR and CA.

Pursuant to 5 U.S.C. App., the Agricultural Research Service is requesting nominations for qualified persons to serve as members of the Secretary's Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The charge for the AC21 is two-fold: to examine the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA; and to provide guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture.

The United States Department of Energy (DOE or Department), acting through the Western Area Power Administration (Western), a power marketing administration within the Department, is seeking Statements of Interest (SOIs) from entities that are interested in providing contributed funds for Western's participation in the upgrade of Western's existing transmission facilities or the construction of new transmission line projects in the states in which Western operates. The purpose of the request for SOIs is to identify potential projects which would facilitate the transmission of wind generation or other renewable generation sources to load centers under the authority granted the Secretary of Energy in section 1222 of the Energy Policy Act of 2005 (EPAct05) (Pub. L. 109-58; 119 Stat. 952).

The United States Department of Energy (DOE or Department) acting through the Southwestern Power Administration (Southwestern), a power marketing administration within the Department, is seeking Statements of Interest (SOIs) from entities that are interested in providing contributed funds for Southwestern's participation in the upgrade of Southwestern's existing transmission facilities or the construction of new transmission line projects in the states in which Southwestern operates. The purpose of the request for SOIs is to identify potential projects which would facilitate the transmission of wind generation or other renewable generation sources to load centers under the authority granted the Secretary of Energy in section 1222 of the Energy Policy Act of 2005 (EPAct05) (Pub. L. 109-58; 119 Stat. 952).

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.

The Food and Drug Administration (FDA) is announcing its determination that NUBAIN (nalbuphine hydrochloride) injection, 10 and 20 milligrams/milliliter (mg/ml), was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for nalbuphine hydrochloride injection, 10 and 20 mg/ml, if all other legal and regulatory requirements are met.

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.

The Bureau of Land Management published a Notice of Federal Competitive Coal Lease Sale Offer in the Federal Register on October 31, 2008 [73 FR 64981]. The DATES section of this notice incorrectly listed January 14, 2008 instead of January 14, 2009. The lease sale will be held at 10 a.m., Wednesday, January 14, 2009. Sealed bids must be received on or before 10 a.m., Wednesday, January 14, 2009.

Pursuant to the provisions of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4), the IHS has amended and is publishing the proposed alteration of a system of records, System No. 09-17-0001, ``Medical, Health and Billing Records.'' The amended and altered system of records makes only administrative edits and revisions as necessary.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Shell Keys National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

This is an amendment of the Presidential declaration of a major disaster for the State of Illinois (FEMA-1800-DR), dated 10/03/ 2008. Incident: Severe Storms and Flooding. Incident Period: 09/13/2008 through 10/05/2008.

The Department of the Navy published a document in the Federal Register on October 30, 2008, announcing its intent to prepare an Environmental Impact Statement for the Proposed Acquisition of Lands and Establishment of Airspace Contiguous to the Marine Corps Air Ground Combat Center, Twentynine Palms, California. The original publication contained incorrect dates.

The Gulf of Mexico Fishery Management Council will convene a joint meeting of the Standing and Special Mackerel Scientific and Statistical Committees (SSC).

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the names of seventeen additional entities and twenty-six additional individuals whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (``Kingpin Act'') (21 U.S.C. 1901-1908, 8 U.S.C. 1182).

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Mortgagees servicing HUD insured mortgages are required to document all loss mitigation efforts for delinquent loans and to submit the documentation to HUD if requested.