2008 – Federal Register Recent Federal Regulation Documents

The Commission grants a petition for rulemaking filed by Colins Broadcasting Corporation, the permittee of station KSNB-DT, to substitute DTV channel 4 for its assigned post-transition DTV channel 34 at Superior, Nebraska.

The Commission requests comments on a channel substitution proposed by Trinity Christian Center of Santa Ana, Inc., d/b/a Trinity Broadcasting Network (``Trinity''), the licensee of KTBN-DT, post- transition DTV channel 23, Santa Ana, California. Trinity requests the substitution of DTV channel 33 for post-transition DTV channel 23 at Santa Ana.

We, NMFS, announce a 12-month finding on a petition to list the ribbon seal (Histriophoca fasciata) as a threatened or endangered species under the Endangered Species Act of 1973 as amended (ESA). After a formal review of the best available scientific and commercial information, we find that listing of the ribbon seal is not warranted at this time. Although the ribbon seal population abundance is likely to decline gradually for the foreseeable future, primarily from slight but chronic impacts on reproduction and survival caused by reduced frequency of years with sea ice of suitable extent, quality, and duration of persistence, it is not in danger of extinction or likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

NMFS issues this final rule to adopt regulations to implement the Magnuson-Stevens Fishery Conservation and Management Act (MSA).The regulations establish a national registry of recreational anglers fishing in the Exclusive Economic Zone (EEZ), for anadromous species in tidal waters or for Continental Shelf fishery resources beyond the EEZ. Persons will not be required to register with NMFS if they are licensed by a state that provides data determined to be sufficient for the agency's needs. The requirement is intended to improve existing angling effort surveys in order to improve their efficiency, to reduce possible sources of bias and to improve confidence in survey results by anglers and fishery managers.

NMFS proposes regulations to implement Amendment 92 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 82 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed action would remove trawl gear endorsements on licenses issued under the license limitation program in specific management areas if those licenses have not been used on vessels that met minimum recent landing requirements using trawl gear. This proposed action would provide exemptions to this requirement for licenses that are used in trawl fisheries subject to certain limited access privilege programs. This proposed action would issue new area endorsements for trawl catcher vessel licenses in the Aleutian Islands if minimum recent landing requirements in the Aleutian Islands were met. This proposed action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.

This final rule amends PBGC's regulation on Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR part 4211) to implement provisions of the Pension Protection Act of 2006 that provide for changes in the allocation of unfunded vested benefits to withdrawing employers from a multiemployer pension plan, and that require adjustments in determining an employer's withdrawal liability when a multiemployer plan is in critical status. Pursuant to PBGC's authority under section 4211(c)(5) of ERISA to prescribe standard approaches for alternative withdrawal liability methods, the final rule also amends this regulation to provide additional modifications to the statutory methods for determining an employer's allocable share of unfunded vested benefits. In addition, pursuant to PBGC's authority under section 4219(c)(1)(D) of ERISA, this final rule amends PBGC's regulation on Notice, Collection, and Redetermination of Withdrawal Liability (29 CFR part 4219) to improve the process of fully allocating a plan's total unfunded vested benefits among all liable employers in a mass withdrawal. Finally, this final rule amends PBGC's regulation on Terminology (29 CFR part 4001) to reflect the definition of a ``multiemployer plan'' added by the Pension Protection Act of 2006.

This document corrects errors that appeared in the correction notice published in the October 3, 2008 Federal Register entitled ``Medicare Program; Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates; Payments for Graduate Medical Education in Certain Emergency Situations; Changes to Disclosure of Physician Ownership in Hospitals and Physician Self- Referral Rules; Updates to the Long-Term Care Prospective Payment System; Updates to Certain IPPS-Excluded Hospitals; and Collection of Information Regarding Financial Relationships Between Hospitals; Correction.''

The following permits were issued.

The Commission grants a petition for rulemaking filed by Mitts Telecasting Company, licensee of station KXVO-DT, to substitute DTV channel 38 for its assigned post-transition DTV channel 15 at Omaha, Nebraska.

The Commodity Futures Trading Commission (``Commission'') is amending certain provisions of its part 140 regulations to add the Chief Economist and the Deputy Chief Economist of the Office of the Chief Economist as persons to whom certain authorities are delegated. The Commission is also amending part 140 to reflect a change in position title from ``Regional Coordinators'' to ``Regional Administrators.''

The Commission addressed several issues relating to the Commission's Internet-based TRS Order, which adopted a system to assign users of Internet-based Telecommunications Relay Service (TRS), specifically Video Relay Service (VRS) and Internet-Protocol (IP) Relay, ten-digit numbers linked to the North American Numbering Plan (NANP).

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain hot-rolled carbon steel flat products from India for the period January 1, 2007, through December 31, 2007, the period of review (POR). These preliminary results cover one company Essar Steel Ltd. (Essar). For the information on the net subsidy rate for the reviewed company, see the ``Preliminary Results of Review'' section. We are preliminarily rescinding the administrative review regarding Ispat Industries Limited (Ispat), JSW Steel Limited (JSW), and Tata Steel Limited (Tata) due to the fact that they had no shipments during the POR. For more information on Ispat, JSW, and Tata's shipments during the POR, see the ``Background'' section of this notice.

The Department of Commerce (Department) published its preliminary results of the administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from Spain on July 10, 2008. See Chlorinated Isocyanurates from Spain: Preliminary Results of Antidumping Duty Administrative Review, 73 FR 39650 (July 10, 2008) (Preliminary Results). The period of review (POR) is June 1, 2006 through May 31, 2007. We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we have made changes to our calculations. The final dumping margin for this review is listed in the ``Final Results of Review'' section below.

On May 17, 2006, the Department of Commerce (``the Department'') revoked in part the antidumping duty order on certain hot-rolled carbon steel flat products (``hot-rolled steel'') from Thailand with respect to Sahaviriya Steel Industries Public Company Limited (``SSI'') after having determined that SSI sold the merchandise at not less than normal value (``NV'') for a period of at least three consecutive years. See Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Administrative Review, Partial Revocation of Antidumping Duty Order and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 28659 (May 17, 2006) (``Revocation''). As the result of an adequate allegation from a domestic interested party in this proceeding, the Department, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (``the Act''), is now conducting a changed circumstances review to determine whether SSI has resumed dumping hot-rolled steel and whether the antidumping order should be reinstated for hot-rolled steel from Thailand manufactured and exported by SSI. See Initiation of Antidumping Duty Changed Circumstances Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand, 73 FR 18766 (April 7, 2008) (``Initiation Notice''). We preliminarily determine that SSI has sold hot-rolled steel at less than NV and that hot-rolled steel produced and exported by SSI should be reinstated in the antidumping duty order on hot-rolled steel from Thailand. We will instruct U.S. Customs and Border Protection (``CBP'') to suspend liquidation of all entries of hot-rolled steel manufactured and exported by SSI and entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.

In compliance with the Paperwork Reduction Act of 1995, 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 September 23, 2008. No comments were received.

The Western Pacific Fishery Management Council (Council) will hold a teleconference call meeting of the Council's archipelagic Plan Teams (PTs).

The Department of Energy (DOE) will hold an informal public meeting to discuss and receive comments on the equipment classes that DOE plans to analyze for purposes of establishing energy conservation standards for small electric motors; the analytical framework, models, and tools that DOE is using to evaluate standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. Also, DOE encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared an agenda, a preliminary Technical Support Document (preliminary TSD), and briefing materials, which are available at: https://www1.eere.energy.gov/ buildings/appliancestandards/commercial/smallelectricmotors.h tml.

The Homeland Security Advisory Council (HSAC) will meet on January 12, 2009 in Washington, DC. The meeting will be closed to the public.

This request is being issued as the second for the National Cyber Leap Year under the Comprehensive National Cybersecurity Initiative (CNCI). The goal of the National Cyber Leap Year is to identify the most promising game-changing ideas with the potential to reduce vulnerabilities to cyber exploitations by altering the cybersecurity landscape. The first RFI prompted over 160 responses; indicating a strong interest from the technical community to participate. This RFI-2 expands the opportunities for participation by permitting submitters to designate parts of submissions as proprietary. Continued multidisciplinary contributions from organizations with cybersecurity interests are strongly encouraged. Overview: This Request for Information No. 2 (RFI-2) is the second issued under the Comprehensive National Cybersecurity Initiative (CNCI), established within Homeland Security Presidential Directive (HSPD)-23. RFI-2 was developed by the Networking and Information Technology Research and Development (NITRD) Program Senior Steering Group (SSG) for Cybersecurity to invite participation in a National Cyber Leap Year whose goal is an integrated national approach to make cyberspace safe for the American way of life. Over 160 responses were submitted to the first RFI issued by the NITRD SSG (October 14, 2008), indicating a strong desire by the technical community to participate. RFI-2 expands the opportunities for participation by permitting submitters to designate parts of submissions as proprietary. Background: We are a cyber nation. The U.S. information infrastructureincluding telecommunications and computer networks and systems and the data that reside on themis critical to virtually every aspect of modern life. This information infrastructure is increasingly vulnerable to exploitation, disruption, and destruction by a growing array of adversaries. The President's CNCI plan calls for leap-ahead research and technology to reduce vulnerabilities to asymmetric attack in cyberspace. Unlike many research agenda that aim for steady progress in the advancement of science, the leap-ahead effort seeks just a few revolutionary ideas with the potential to reshape the landscape. These game-changing technologies (or non- technical mechanisms that are made possible through technology), developed and deployed over the next decade, will fundamentally change the cyber game into one where the good guys have an advantage. Leap- ahead technologies are so-called because they enable us to leap over the obstacles preventing us from being where we want to be. These advances may require years of concerted research and development to be fully realized; good ideas often do. However, the intent is to start now and gain momentum as intermediate results emerge. Objective: The National Cyber Leap Year has two main goals: (1) Constructing a national research and technology agenda that both identifies the most promising ideas and describes the strategy that brings those ideas to fruition; and (2) jumpstarting game-changing, multi-disciplinary development efforts. The Leap Year will run during fiscal year 2009, and will comprise two stages: prospecting and focusing. Stage One canvasses the cybersecurity community for ideas. Our aim is to hear from all those who wish to help. The heart of Stage Two, which begins February 1, 2009, is a series of workshops to explore the best ideas from Stage One. As the year progresses, we will publish four types of findings: (1) Game-changersdescriptions of the paradigm-busters that technology will make possible; (2) Technical Strategyas specifically as possible, the invention and/or research that needs to be done; (3) Productization/Implementationhow the capability will be packaged, delivered, and used, and by whom; and (4) Recommendations prescriptions for success, to include funding, policies, authorities, taskingwhatever would smooth the way to realization of the game- changing capability. Deadline for Submission under this RFI-2: The second round of the Stage One cycle is covered by this RFI-2 and will close February 20, 2009. Subsequent cycles will be announced by separate RFIs. All Stage One cycles are expected to be complete by April 15, 2009.

Nebraska has applied to EPA for final authorization for the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Nebraska.

The Department of Energy (DOE) today determines that the 2004 edition of the Energy Standard for Buildings, Except Low-Rise Residential Buildings, American National Standards Institute (ANSI)/ American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Illuminating Engineering Society of North America (IESNA) Standard 90.1-2004, (Standard 90.1-2004) would achieve greater energy efficiency in buildings subject to the code, than the 1999 edition (Standard 90.1-1999 or the 1999 edition). The quantitative analysis of the energy consumption of buildings built to Standard 90.1- 2004, as compared with buildings built to Standard 90.1-1999, indicates national source energy savings of approximately 13.9 percent of commercial building energy consumption. Site energy savings are estimated to be approximately 11.9 percent. As a result of this positive determination regarding Standard 90.1-2004, each State is required to certify that it has reviewed the provisions of its commercial building code regarding energy efficiency, and updated, as necessary, its code to meet or exceed Standard 90.1-2004. This Notice provides guidance to States on Certifications, and Requests for Extensions of Deadlines for Certification Statements.

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the names of three individuals whose property and interests in property have been unblocked pursuant to Executive Order 12978 of October 21, 1995, Blocking Assets and Prohibiting Transactions With Significant Narcotics Traffickers.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

Pursuant to Delegation Order Nos. 00-037.00, effective December 6, 2001, and 00-001.00C, effective January 31, 2007, the Deputy Secretary has approved and placed into effect on an interim basis Rate Order No. SWPA-60, which increases the power rate for the Sam Rayburn Dam (Rayburn) pursuant to the following Sam Rayburn Dam Rate Schedule: