2008 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new system of records titled U.S. Immigration and Customs Enforcement (ICE) Trade Transparency Analysis and Research (TTAR). TTAR contains trade and financial data that is analyzed to generate leads for and otherwise support ICE investigations of trade-based money laundering, contraband smuggling, trade fraud and other financial crimes. The data in TTAR is generally maintained in the ICE Data Analysis and Research Trade Transparency System (DARTTS), a software application and data repository that conducts analysis of trade and financial data to identify statistically anomalous transactions that may warrant investigation for money laundering or other import-export crimes. Additionally, a Privacy Impact Assessment for DARTTS will be posted on the Department's privacy Web site. (See https://www.dhs.gov/privacy and follow the link to ``Privacy Impact Assessments.'') Due to urgent homeland security and law enforcement mission needs, DARTTS is currently in operation. Recognizing that ICE is publishing a notice of system of records for an existing system, ICE will carefully consider public comments, apply appropriate revisions, and republish the TTAR notice of system of records within 180 days of receipt of comments. A proposed rulemaking is also published in this issue of the Federal Register in which the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; United States Coast Guard Employee Assistance Program Records System of Records
In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of records notices, the Department of Homeland Security is giving notice that it proposes to update and reissue DOT/CG 636 Personal Affairs Record System Coast Guard Military Personnel. This system will allow the United States Coast Guard to administer the United States Coast Guard Employee Assistance Program for military personnel. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice has been updated to better reflect the United States Coast Guard's Employee Assistance Program record systems. This new system titled United States Coast Guard Employee Assistance Program, will be included in the Department's inventory of record systems.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard Courts Martial Records
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/United States Coast Guard Courts Martial Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; United States Coast Guard Courts Martial Case Files System of Records
In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security ongoing effort to review and update legacy system of record notices the Department of Homeland Security is giving notice that it proposes to consolidate two legacy record systems: DOT/CG 507 Coast Guard Supplement to the Manual of Courts Martial Investigations and DOT/CG 510 Records of Trial: Special, General and Summary Courts Martial into a Department of Homeland Security system of records notice titled, United States Coast Guard Courts Martial Case Files. This system will be used by the United States Coast Guard to collect and maintain records on military and civilian employees of the United States Coast Guard who are tried by, or involved with, court martial in the United States Coast Guard. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department of Homeland Security/United States Coast Guard's courts martial record systems. Concurrent with this publication, the Department of Homeland Security is publishing a notice of proposed rulemaking to exempt this system from certain aspects of the Privacy Act. This system will be included in the Department's inventory of record systems.
Hydrographic Services Review Panel Meeting
The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: HSRP public meeting will be held November 19-20, 2008. Open public time is from 8 a.m. to 5 p.m. on November 19th and 8 a.m. to 3 p.m. on November 20th. Location: Westin Harbour Island, Tampa, Florida. 725 S. Harbour Island Boulevard, Tampa, FL 33602; Tel: (813) 229-5000. The times and agenda topics are subject to change. Refer to the HSRP Web site listed below for the most current meeting agenda.
Published Privacy Impact Assessments on the Web
The Privacy Office of the Department of Homeland Security is making available eleven (11) Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between April 1, 2008 and June 30, 2008.
America's Marine Highway Program, Corrections
The Maritime Administration is correcting an interim final rule that appeared in the Federal Register of October 9, 2008 (73 FR 59530). Due to the current financial environment and the receipt of informal comments indicating that one hundred and twenty (120) days is insufficient time to formulate an application, this document changes the summary section of the regulation to reflect that the Maritime Administration is seeking comment on the America's Marine Highway program and recommendations for Marine Highway Corridors and not soliciting applications for specific projects at this time.
Television Broadcasting Services; Honolulu, HI
The Commission grants a petition for rulemaking filed by HITV License Subsidiary, Inc., licensee of station KGMB-DT, to substitute DTV channel 22 for post-transition DTV channel 9 at Honolulu, Hawaii.
Television Broadcasting Services; Bainbridge, GA
The Commission grants a petition for rulemaking filed by New Age Media of Tallahassee License, LLC (``New Age''), licensee of station WTLH-DT, to substitute DTV channel 50 for post-transition DTV channel 49 at Bainbridge, Georgia.
Television Broadcasting Services; La Crosse, WI
The Commission grants a petition for rulemaking filed by WXOW- WQOW Television, Inc. (``WXOW-WQOW''), permittee of station WXOW-DT, to substitute DTV channel 48 for post-transition DTV channel 14 at La Crosse, Wisconsin.
Television Broadcasting Services; Stuart, FL
The Commission grants a petition for rulemaking filed by Gunter Marksteiner, the permittee of station WHDT-DT, to substitute DTV channel 42 for post-transition DTV channel 44 at Stuart, Florida.
Television Broadcasting Services; Fort Worth, TX
The Commission grants a petition for rulemaking filed by Television Station KTXA L.P. (``KTXA''), licensee of station KTXA-DT, to substitute DTV channel 19 for post-transition DTV channel 18 at Fort Worth, Texas.
Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Procedures for Non-Federal Navigation Facilities
The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. The information kept is used by the FAA as proof that non-Federal navigation facilities are maintained within certain specified tolerances.
Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Operating Requirements: Domestic, Flag, and Supplemental Operations
The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. The information collected is used to determine air operators' compliance with the minimum safety standards set out in the regulation and the applicant's eligibility for air operations certification.
Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Aviation Medical Examiner Program
The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. This collection is necessary in order to determine applicants' qualifications for certification as an Aviation Medical Examiner (AME).
Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Exemptions for Air Taxi and Commuter Air Carrier Operations
The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. 14 CFR Part 298 requires air carrier operators to obtain a certificate of public convenience and necessity from the DOT, with the exception of air taxi and commuter air operators.
Agency Information Collection Activity Seeking OMB Approval
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 19, 2008, vol. 73, no. 119, page 34975. This information is used by FAA for safety assessment, planning, forecasting, cost/benefit analysis, and to target areas for research.
Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Final Rule Certification of Repair Stations, Part 145 of Title 14, CFR
The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. Certain organizations may apply to perform certification functions on behalf of the FAA. Information is collected from applicants who wish to obtain repair station certification.
Agency Information Collection Activity Seeking OMB Approval
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 19, 2008, vol. 73, no. 119, page 34976. The information is required to carry out FAA missions related to the aviation industry, flight planning, and airport engineering.
Modification to the Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L Offshore Airspace Areas; AK
This action amends the following four Offshore Airspace Areas in Alaska: Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L. This action lowers the airspace floors to provide additional controlled airspace for aircraft instrument flight rule (IFR) operations at Alaska airports.
Notice of Availability of Draft John Day Basin Resource Management Plan and Draft Environmental Impact Statement, Oregon
In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/ Environmental Impact Statement (RMP/EIS) for the John Day Basin planning area and by this notice is announcing the opening of the comment period.
Dairy Forward Pricing Program
This final rule establishes a program for producers and cooperative associations of producers to voluntarily enter into forward price contracts with handlers for milk used for Class II, III, or IV purposes under the Agricultural Marketing Agreement Act of 1937 (AMAA). The program allows handlers regulated under the Federal milk marketing order program to pay producers and cooperative associations in accordance with the terms of a forward contract and not have to pay the minimum Federal order blend price for milk. This program is established in accordance with section 1502 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill).
Section 108(e)(8) Application to Partnerships
This document contains proposed regulations relating to the application of section 108(e)(8) of the Internal Revenue Code (Code) to partnerships and their partners. These regulations provide guidance regarding the determination of discharge of indebtedness income of a partnership that transfers a partnership interest to a creditor in satisfaction of the partnership's indebtedness (debt-for-equity exchange). The proposed regulations also provide that section 721 applies to a contribution of a partnership's recourse or nonrecouse indebtedness by a creditor to the partnership in exchange for a capital or profits interest in the partnership. This document also provides notice of a public hearing on these proposed regulations.
Notice of Public Information Collections Being Reviewed by the U.S. Agency for International Development; Comments Requested
U.S. Agency for International Development (USAID) is making efforts to reduce the paperwork burden. USAID invites the general public and other Federal agencies to take this opportunity to comment on the following proposed and/or continuing information collections as required by the Paperwork Reduction Act for 1995. Comments are requested concerning: (a) Whether the proposed or continuing collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Agency Information Collection Activities: Proposed Collection; Comment Request
This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``AHRQ Healthcare Innovations Exchange Innovator Interview and AHRQ Healthcare Innovations Exchange Innovator E-mail Submission Guidelines.'' In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on August 2008 and allowed 60 days for public comment. One comment was received. The purpose of this notice is to allow an additional 30 days for public comment.
Senior Executive Service: Performance Review Board Members
Section 43 14(c)(4) of Title 5, U.S.C., requires each agency to publish notification of the appointment of individuals who may serve as members of that Agency's Performance Review Board (PRB). The following individuals have been designated to serve on the FY 08 Performance Review Board for the U.S. Small Business Administration:
Meeting of the CJIS Advisory Policy Board
The purpose of this notice is to announce the meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). The CJIS APB is a federal advisory committee established pursuant to the Federal Advisory Committee Act. This meeting announcement is being published as required by Section 10 of the FACA. The CJIS APB is responsible for reviewing policy issues and appropriate technical and operational issues related to the programs administered by the FBI's CJIS Division, and thereafter, making appropriate recommendations to the FBI Director. The programs administered by the CJIS Division are the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. The meeting will be open to the public on a first-come, first- seated basis. Any member of the public wishing to file a written statement concerning the CJIS Division programs or wishing to address this session should notify Senior CJIS Advisor Roy G. Weise at (304) 625-2730 at least 24 hours prior to the start of the session. The notification should contain the requestor's name, corporate designation, and consumer affiliation or government designation along with a short statement describing the topic to be addressed and the time needed for the presentation. A requestor will ordinarily be allowed no more than 15 minutes to present a topic. Dates and Times: The APB will meet in open session from 8:30 a.m. until 5 p.m., on December 3-4, 2008.
Request for Public Comment: 30-Day Proposed Information Collection: Behavioral Health Preventive Care Assessment Focus Group Guide
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which requires 30 days for public comment on proposed information collection projects, the Indian Health Service (IHS) has submitted to the Office of Management and Budget (OMB) a request to review and approve the information collection listed below. This proposed information collection project was previously published in the Federal Register (73 FR 23254) on April 29, 2008 and allowed 60 days for public comment. No public comment was received in response to the notice. The purpose of this notice is to allow 30 days for public comment to be submitted directly to OMB. Proposed Collection: Title: 0917-NEW, ``Behavioral Health Preventative Care Assessment Focus Group.'' Type of Information Collection Request: Three year approval for this new information collection, 091 7-NEW, ``Behavioral Health Preventive Care Assessment Focus Group Guide.'' Form Number(s): None. Need and Use of Information Collection: The IHS goal is to raise the health status of the American Indian and Alaska Native people to the highest possible level by providing comprehensive health care and preventive health services. To support the IHS mission, IHS uses the Government Performance Act (GPRA) to assess quality of care among its Federal, urban, and Tribal health programs. The IHS has been largely successful in meeting GPRA targets for selected clinical performance measures at the national level. However, there is significant variability in performance among IHS and Tribal service units. Until this time, IHS has not undertaken any comprehensive studies to evaluate the reasons for that variability or the factors that contribute to high quality care at the local level. The IHS has three GPRA measures relating to behavioral health, a high priority for the Agency and one of the IHS Director's Initiatives. This study will focus on these three GPRA behavioral health measures: Depression Screening in adults age 18 and over, Domestic/Intimate Partner Violence screening in women ages 15-40 and Alcohol Screening (to prevent Fetal Alcohol Syndrome) in women ages 15-44. Tribal programs voluntarily report their GPRA results quarterly and annually for national reporting. GPRA data collected for these three behavioral health measures includes: The number of patients eligible for a screening (denominator), number of eligible patients who receive a screening (numerator), and the resulting screening rate (percentage). IHS has developed a methodology to identify superior and poor performers on these measures in both Tribal and Federal sites using fiscal year 2005, 2006, and 2007 GPRA performance results. IHS will convene focus groups with employees at 17 of these programs (7 IHS and 10 Tribal) in order to identify the factors contributing to (and when appropriate, the barriers preventing) the provision of high quality behavioral health care at the local level. These focus groups will allow employees to provide detailed data regarding program practices, screening and documentation procedures, initiatives, resources, and other factors relating to the provision of behavioral health preventive care at their health program. A total of two to three focus groups, organized by occupational specialty, will be convened at each program. Using the Chronic Care Model and Institute of Medicine recommendations, IHS will analyze the information collected during these site visits, along with background information that is publicly available (e.g., information found on clinic Web pages) on other qualitative and quantitative features of individual programs, such as staffing and funding levels, community demographics, and organizational structure, to develop a behavioral health preventive care model relevant to the unique system of IHS delivery. Affected Public: Individuals. Type of Respondents: Tribal employees at Tribal health programs. The table below provides: Types of data collection instruments, Estimated number of respondents, Number of responses per respondent, Number of total annual responses, Average burden hour per response, and Total annual burden hour(s).
California State Nonroad Engine Pollution Control Standards; California Nonroad Compression Ignition Engines; Within-the-Scope Request; Opportunity for Public Hearing; Correction of Docket Number
On October 7, 2008, the U.S. Environmental Protection Agency's (EPA's) Office of Air and Radiation announced an opportunity for public hearing and written comment. The notice concerns the California Air Resources Board's request seeking EPA's confirmation that its amendments affecting emission standards for three broad categories of new compression ignition engines are within the scope of previous authorizations issued by EPA. Please be advised the docket number for that notice was incorrect.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Noise Exposure Map Notice; Providence-T.F. Green Airport, Warwick, RI
The Federal Aviation Administration (FAA) announces its determination that the noise exposure map for Providence-T.F. Green Airport, as submitted by the Rhode Island Airport Corporation (RIAC) under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR Part 150, are in compliance with applicable requirements.
National Technical Assistance Center for Parks and Public Lands
This solicitation is for proposals from organizations to implement a National Technical Assistance Center for Alternative Transportation in Public Lands. The Center is to assist the Federal Transit Administration (FTA) in the coordinated provision of technical assistance under the Paul S. Sarbanes Transit in Parks program. The Center is to develop, administer, distribute, and oversee multiple technical assistance products to support land management agencies, States, and local and tribal governments in alternative transportation projects serving federally managed parks and public lands. Organizations that submit proposals should have technical assistance expertise and experience in transportation planning, coordination and operations on parks and public lands. FTA will award a cooperative agreement (one base year plus two option years) for an estimated amount of $4,500,000. The funding is authorized under section 3021(d)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and subsequently appropriated. For the first year of the project, $1,500,000 will be made available. Funding for subsequent years will be based on available annual appropriations as well as annual performance reviews. Use of Funds: The organization selected shall (1) provide on-demand and proactive technical assistance in alternative transportation project-level scoping, planning, and operations; (2) provide training and workshops; (3) perform outreach, communications, and coordination of services to support land management agencies in planning processes; (4) maintain a central repository of resources and disseminate resources; (5) support the project evaluation process; (6) convene and collaborate with an interagency peer review group; and (7) perform project administration and management.
Additional Protocol Regulations
This final rule implements the provisions of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America (the ``Additional Protocol''). The Additional Protocol is an agreement between the United States and the IAEA to allow monitoring and reporting of certain civil nuclear fuel cycle-related activities. The Department of Commerce's Bureau of Industry and Security (BIS) is establishing these Additional Protocol Regulations (APR) to implement the provisions of the Additional Protocol affecting U.S. industry and other U.S. persons engaged in certain civil nuclear fuel cycle-related activities, which are not regulated by the U.S. Nuclear Regulatory Commission (NRC) or its domestic Agreement States, and are not located on certain U.S. government locations. The APR describe the requirement to report such activities to BIS, the scope and conduct of IAEA complementary access to locations at which such civil nuclear fuel cycle-related activities take place, and the role of BIS in implementing the Additional Protocol in the United States. The impact of the APR on U.S. industry and other U.S. persons involves the submission of initial reports, annual update reports, and other reporting requirements, as well as on-site activities in conjunction with complementary access. Other U.S. Government agencies issuing regulations to implement other provisions of the Additional Protocol include the Nuclear Regulatory Commission, the Department of Energy, and the Department of Defense. On July 25, 2008, BIS published a proposed rule that requested comments on the proposed establishment of the APR. BIS received comments from one respondent and has reviewed these comments and considered them in its preparation of this final rule.
Payments and Adjustments to Payments
The Department of Veterans Affairs (VA) proposes to reorganize and rewrite in plain language provisions applicable to payment of VA benefits and adjustments to payments. These revisions are proposed as part of VA's rewrite and reorganization of all of its compensation and pension rules in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is to assist claimants, beneficiaries and VA personnel in locating and understanding these rules.
Airworthiness Directives; Cessna Aircraft Company (Type Certificate Previously Held by Columbia Aircraft Manufacturing) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
We are adopting a new airworthiness directive (AD) to revise AD 2007-07-06, which applies to certain Cessna Aircraft Company (type certificate previously held by Columbia Aircraft Manufacturing) (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. AD 2007-07-06 currently requires the following: Adding information to the limitations section of the airplane flight manual (AFM); repetitively inspecting the aileron and the elevator linear bearings and control rods for foreign object debris, scarring, or damage; and taking all necessary corrective actions. Since we issued AD 2007-07-06, Cessna has issued a new service bulletin that contains procedures for installing an access panel to facilitate the required inspections. Consequently, this AD retains the actions currently required in AD 2007-07-06; allows installing access panels; and changes the serial number applicability. We are issuing this AD to prevent jamming in the aileron and elevator control systems, which could result in failure. This failure could lead to loss of control.
Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000 Airplanes
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:
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