2008 – Federal Register Recent Federal Regulation Documents

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Alabama (FEMA-1789-DR), dated 09/10/2008. Incident: Hurricane Gustav. Incident Period: 08/29/2008 through 09/03/2008. Effective Date: 09/15/2008. Physical Loan Application Deadline Date: 11/10/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/10/2009.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-1785-DR), dated 08/24/2008. Incident: Tropical Storm Fay. Incident Period: 08/18/2008 through 09/12/2008. Effective Date: 09/11/2008. Physical Loan Application Deadline Date: 10/23/2008.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. David Lochbaum on behalf of the Project on Government Oversight (POGO) and the Union of Concerned Scientists (UCS) on February 23, 2007. The petitioner requested that the NRC amend its regulations governing domestic licensing of production and utilization facilities to require periodic demonstrations by applicable local, State, and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage by adversaries with capabilities that exceed those posed by the design basis threat (DBT).

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). At its own initiative, Alabama proposed revisions to its regulations regarding permit fees and civil penalties to improve operational efficiency.

In accordance with 14 CFR 11.47(c), the FAA has received petitions from the Association of Flight Attendants-CWA, AFL-CIO (AFA- CWA) and the Air Line Pilots Association, International (ALPA). Those petitions requested an extension of the comment period for a petition from The Boeing Company. That exemption, if granted, would provide Boeing relief from certain pressurized cabin requirements in regard to uncontained engine failure for Boeing Model 747-8/8F series airplanes. The FAA finds that AFA-CWA and ALPA have substantive interest in the exemption request and show that good cause exists to extend the comment period because it is in the public's interest.

The Pacific Fishery Management Council's (Council) Groundfish Allocation Committee (GAC) will a hold working meeting, which is open to the public.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Loop Parkway Bridge, mile 0.7, across Long Creek, Nassau County, New York. Under this temporary deviation the bridge may remain in the closed position for three hours on two days to facilitate bridge maintenance.

This notice issues special conditions for the Honda Aircraft Company, Model HA-420 HondaJet Airplane. This new airplane will have novel and unusual design features not typically associated with normal, utility, acrobatic, and commuter category airplanes. These design features include turbofan engines and engine location, for which the applicable regulations do not contain adequate or appropriate airworthiness standards. These special conditions contain the additional airworthiness standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Forest Service will prepare a Draft Environmental Impact Statement (Draft EIS) to evaluate the environmental impacts of authorizing Leavell-McCombs Joint Venture (LMJV) to access 287.5 acres of private property surrounded by National Forest System land. The Forest Service must provide adequate access for the reasonable use and enjoyment of private land. LMJV intends to construct a resort and other facilities known as the Village at Wolf Creek on their property, which lies entirely within the Wolf Creek Ski Area. An alternative that evaluates combining the access for both the Village at Wolf Creek and the Wolf Creek Ski Area into a single grade-separated interchange will be analyzed.

On September 16, 2008, the Federal Deposit Insurance Corporation (FDIC) Board of Directors (Board) adopted revised Guidelines for Appeals of Material Supervisory Determinations (Guidelines). The revisions to the Guidelines were adopted to better align the FDIC's Supervisory Appeals Review Committee (SARC) process with the material supervisory determinations appeals procedures at the other Federal banking agencies. The amendments modify the supervisory determinations eligible for appeal to eliminate the ability of an FDIC- supervised institution to file an appeal with the SARC with respect to determinations or the facts and circumstances underlying a recommended or pending formal enforcement-related action or decision, including the initiation of an investigation and the referral to the Attorney General or a notice to the Secretary of Housing and Urban Development for apparent violations of the Equal Credit Opportunity Act or the Fair Housing Act. The amendments also include limited technical amendments. The revised Guidelines are effective upon adoption.

This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2008-09 and subsequent fiscal periods from $1.50 to $2.00 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended or terminated.

The Department of Housing and Urban Development HUD proposes to establish a new record system to add to its inventory of systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed new system of record is the Housing Counseling Research Data Files. The records system will be used by HUD's Office of Policy Development and Research (PD&R) to conduct research and evaluation study of certain participants of HUD-funded Housing Counseling Agencies. Refer to the ``Objective'' caption to obtain detailed information about the purpose of this study.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 20, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hillcrest Laboratories, Inc., of Rockville, Maryland. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain video game machines and related three-dimensional pointing devices that infringe certain claims of U.S. Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-0086 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the information collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 18, 2008, and comments were due by August 18, 2008. No comments were received.

Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each of the first 2 years of State participation. This final report presents the findings from the first FHWA audit of the California Department of Transportation (Caltrans) under the pilot program.

The Coast Guard is establishing a temporary safety zone on the Milwaukee River, Milwaukee, WI. This zone is intended to restrict vessels from a portion of the Milwaukee River during the Milwaukee River Challenge on September 20, 2008. This temporary safety zone will establish restrictions upon, and control the movement of, vessels in a specified area immediately prior to, during, and immediately after the regatta.