2008 – Federal Register Recent Federal Regulation Documents

Results 201 - 250 of 6,269
Federal Management Regulation; FMR Case 2008-102-3, Real Property Policies Update - Smoking Restrictions
Document Number: E8-30180
Type: Rule
Date: 2008-12-19
Agency: General Services Administration, Agencies and Commissions
The General Services Administration is amending the Federal Management Regulation (FMR) to revise the restrictions on the smoking of tobacco products in leased or owned space under the jurisdiction, custody, or control of the Administrator of General Services. This final rule cancels and replaces in its entirety 41 CFR Sec. Sec. 102- 74.315 through 102-74.350 including the insertion of a new Sec. 102- 74.351.
Administrative Practice and Procedure, Postal Service
Document Number: E8-30169
Type: Rule
Date: 2008-12-19
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding a new international mail product to the Competitive Product List. This product is a contract between the United States Postal Service and Canada Post for inbound competitive services. It modifies and extends an existing agreement. The Commission's action is consistent with changes to applicable federal law and regulations and with a recent Postal Service request. Republication of the lists of market dominant and competitive products is also consistent with requirements in the law.
Priority of Service for Covered Persons
Document Number: E8-30166
Type: Rule
Date: 2008-12-19
Agency: Department of Labor, Veterans' Employment and Training Service, Veterans Employment and Training Service
The Veterans' Employment and Training Service (VETS) of the Department of Labor (Department or DOL) is issuing this final rule to implement priority of service in qualified job training programs prescribed in section 2(a)(1) of the Jobs for Veterans Act (JVA). DOL issued a notice of proposed rulemaking (NPRM) on August 15, 2008 outlining proposed provisions implementing priority of service for covered persons in qualified DOL job training programs.
Rail Transportation Security
Document Number: E8-30156
Type: Rule
Date: 2008-12-19
Agency: Department of Homeland Security, Transportation Security Administration
The Transportation Security Administration (TSA) extends the December 26, 2008 effective date of one section of the final rule entitled ``Rail Transportation Security,'' published in the Federal Register on November 26, 2008, 73 FR 72131, until April 1, 2009. This extension of the effective date is to afford affected freight railroad carriers, rail hazardous materials shippers, and rail hazardous materials receivers additional time to conduct training and implement procedures to come into compliance with the chain of custody and control requirements of the rule.
Fair Market Value and Design-Build Amendments
Document Number: E8-30147
Type: Rule
Date: 2008-12-19
Agency: Federal Highway Administration, Department of Transportation
The FHWA is revising its regulations to require State departments of transportation (DOT) and other public authorities to obtain fair market value as part of any concession agreement involving a facility acquired or constructed with Federal-aid highway funds. Additionally, the FHWA is revising its regulations to permit public agencies to compete against private entities for the right to obtain a concession agreement involving such facilities. Also, the FHWA is revising its design-build regulations to permit contracting agencies to incorporate unsuccessful offerors' ideas into a design-build contract upon the acceptance of a stipend.
Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law
Document Number: E8-30134
Type: Rule
Date: 2008-12-19
Agency: Department of Health and Human Services
The Department of Health and Human Services (HHS) is issuing a final rule to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law, pursuant to the Church Amendments (42 U.S.C. 300a-7), Public Health Service (PHS) Act Sec. 245 (42 U.S.C. 238n), and the Weldon Amendment (Consolidated Appropriations Act, 2008, Public Law 110-161, Div. G, Sec. 508(d), 121 Stat. 1844, 2209). This final rule defines certain key terms. In order to ensure that recipients of Department funds know about their legal obligations under these federal health care conscience protection laws, the Department is requiring written certification by certain recipients that they will comply with all three statutes, as applicable. Finally, this final rule assigns responsibility for complaint handling and investigation among the Department's Office for Civil Rights and Department program offices.
United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”); Enrollment of Additional Aliens in US-VISIT; Authority To Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry
Document Number: E8-30095
Type: Rule
Date: 2008-12-19
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. On August 31, 2004, the Department promulgated an interim final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry. This rule also finalizes that interim final rule and addresses public comments received during that rulemaking action.
Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers
Document Number: E8-30094
Type: Rule
Date: 2008-12-19
Agency: Department of Homeland Security
This final rule amends Department of Homeland Security (DHS) regulations regarding temporary nonagricultural workers, and their U.S. employers, within the H-2B nonimmigrant classification. The final rule removes certain limitations on H-2B employers and adopts streamlining measures in order to facilitate the lawful employment of foreign temporary nonagricultural workers. The final rule also addresses concerns regarding the integrity of the H-2B program and sets forth several conditions to prevent fraud and protect laborers' rights. The final rule will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program. The rule generally removes the requirement for H-2B petitioners to state on petitions the names of prospective H-2B workers who are outside the United States and reduces the existing obligatory waiting period from 6 months to 3 months for an H-2B worker who has reached his or her maximum three-year period of stay in H-2B nonimmigrant status before such person may seek an extension of nonimmigrant stay, change of status, or readmission to the United States in any H or L nonimmigrant status. The rule provides a more flexible definition of ``temporary services or labor,'' which is generally defined as a period of one year but could be for a specific one-time need of up to 3 years. To better ensure the integrity of the H-2B program, this rule eliminates DHS's current practice of adjudicating H-2B petitions where the Secretary of Labor or the Governor of Guam has not granted a temporary labor certification. The rule also prohibits H-2B petitioners from requesting an employment start date on the Form I-129, Petition for a Nonimmigrant Worker, that is different than the date of need listed on the approved temporary labor certification. The final rule requires H-2B petitioners to notify DHS when the H-2B worker fails to report for work, is terminated prior to the completion of the work for which he was hired, or absconds from the worksite. This rule also precludes employers from passing the cost of recruiter fees charged by a petitioner, agent, facilitator, recruiter, or similar employment service to prospective H-2B workers as a condition of an offer of H-2B employment. Under this rule, employers and H-2B workers may agree that certain transportation costs and government-imposed fees be borne by H- 2B workers, if the passing of such costs to these workers is not prohibited under the Fair Labor Standards Act or any other statute. Moreover, the rule enforces the existing penalties at section 214(c)(14) of the Immigration and Nationality Act (INA) in the case of an employer who fails to meet any of the conditions of the H-2B petition, or who willfully misrepresented a material fact in the H-2B petition. Employers who fail to meet the H-2B conditions or who willfully make material misrepresentations on an H-2B petition may, under the statute, be precluded from approval for a period of up to 5 years of any H (except H-1B1), L, O, or P-1 nonimmigrant visa petition, or any immigrant visa petition described in section 204 of the INA, they may file with DHS. This rule also provides that DHS will publish in a notice in the Federal Register a list of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible for its nationals to participate in the H-2B program. Finally, this rule establishes a pilot exit control program for certain H-2B workers, by requiring them to report their departure at designated ports of entry. U.S. Customs and Border Protection (CBP) will publish a notice in the Federal Register describing the procedures and requirements for participation in this pilot program.
Availability of Funds and Collection of Checks
Document Number: E8-30085
Type: Rule
Date: 2008-12-19
Agency: Federal Reserve System, Agencies and Commissions
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 head office of the Federal Reserve Bank of St. Louis and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Atlanta. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.
Regulation Z; Truth in Lending
Document Number: E8-30084
Type: Proposed Rule
Date: 2008-12-19
Agency: Federal Reserve System, Agencies and Commissions
On December 10, 2008, the Board published a proposal to amend Regulation Z that would conform the regulation to reflect recent amendments to the Truth in Lending Act (73 FR 74989). The Board is extending the public comment period on the proposal.
Medicaid Program; Disproportionate Share Hospital Payments
Document Number: E8-30000
Type: Rule
Date: 2008-12-19
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule sets forth the data elements necessary to comply with the requirements of Section 1923(j) of the Social Security Act (Act) related to auditing and reporting of disproportionate share hospital payments under State Medicaid programs. These requirements were added by Section 1001(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA).
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Document Number: E8-29998
Type: Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
The EPA is finalizing revisions to the December 31, 2002 New Source Review (NSR) Improvement rules to change the requirements of the major NSR programs regarding the treatment of fugitive emissions. Specifically, this final rule requires that fugitive emissions be included in determining whether a physical or operational change results in a major modification only for sources in the source categories that have been designated through rulemaking pursuant to section 302(j) of the Clean Air Act (Act). Also, this action elaborates on guiding principles for determining fugitive emissions for purposes of NSR and title V permitting.
Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes
Document Number: E8-29995
Type: Rule
Date: 2008-12-19
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) is amending its regulations to modernize the procedures for the issuance of labor certifications to employers sponsoring H-2B nonimmigrants for admission to perform temporary nonagricultural labor or services and the procedures for enforcing compliance with attestations made by those employers. Specifically, this Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to comply with program requirements. This rule also makes technical changes to the regulations relating to both the H-1B program and the permanent labor certification program to reflect operational changes stemming from this regulation. Although Congress has conferred the statutory authority to enforce H-2B program requirements on the Department of Homeland Security (DHS), recent discussions between DHS and the Department have yielded an agreement for the delegation of H-2B enforcement authority from DHS to the Department. This Final Rule contains the Wage and Hour Division (WHD) regulations establishing the H-2B enforcement procedures that the Department will institute pursuant to that agreement. Separately, this Final Rule institutes conditions and procedures for the debarment of employers, attorneys, and agents participating in the H-2B foreign labor certification process. As discussed further below, the Department intends to exercise its inherent authority under case law and general principles of program administration to determine what entities practice before it.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E8-29961
Type: Proposed Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 2 Office announces its intent to delete specific properties of the former Griffiss Air Force Base (GAFB) site located in Rome, New York, from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended. The entire GAFB Site, approximately 3,552 acres, includes 32 areas of concern located on property currently or formerly owned by the United States Department of Defense. EPA and the State of New York, through the New York State Department of Environmental Conservation (NYSDEC), have determined that for the specified areas identified in this Notice of Intent for Partial Deletion (NOIPD), all appropriate response actions pursuant to CERCLA have been implemented and, aside from monitoring, operations, maintenance, and Five-Year Reviews, no further response actions, pursuant to CERCLA, are appropriate. Moreover, EPA and NYSDEC have determined that the specified properties at the GAFB Site (i.e., the soil and groundwater beneath) either pose no significant threat to public health or the environment or all appropriate response actions have been implemented, and therefore this NOIPD may proceed. The NOIPD is only for those properties specified herein and does not include other properties located at the GAFB Site.
Expansion of RCRA Comparable Fuel Exclusion
Document Number: E8-29956
Type: Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
This final action adds a new exclusion to the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA). The rule already provides exclusions for comparable fuels and synthesis gas. These fuels are energy-rich hazardous secondary materials which would otherwise be hazardous wastes, but which have the same hazardous constituent concentrations as fossil fuels that would be burned in their place. EPA is establishing a new category of excluded fuel that has its own set of conditions, some of which overlap with the comparable fuels exclusion. These newly excluded hazardous secondary materials are called ``emission-comparable fuel'' (ECF). ECF is a hazardous secondary material that, when generated, is handled in such a way that it is not discarded in any phase of management, but rather is handled as a valuable commodity. ECF meets all of the hazardous constituent specifications (over 160) for comparable fuel, with the exception of those for oxygenates and hydrocarbons (constituents which contribute energy value to the fuel). The rule specifies conditions on burning ECF which assure that emissions from industrial boilers burning ECF are comparable to emissions from industrial boilers burning fuel oil. The ECF exclusion also includes conditions for tanks and containers storing ECF to assure that discard does not occur.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
Document Number: E8-29886
Type: Rule
Date: 2008-12-19
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this final rule, the Department of Labor (Department or DOL) revises regulations issued pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-Kickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.
Privacy Act of 1974: Implementation of Exemptions; DHS/USSS-001 Criminal Investigation Information System
Document Number: E8-29881
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
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 DHS/United States Secret Service001 Criminal Investigation Information System 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: Implementation of Exemptions; DHS/USSS-003 Non-Criminal Investigation Information System
Document Number: E8-29880
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of Security, Department of Homeland Security
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 DHS United States Secret Service003 Non- Criminal Investigation Information System 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: Implementation of Exemptions; DHS/CBP-011 TECS
Document Number: E8-29879
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
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 U.S. Customs and Border Protection011 TECS 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: Implementation of Exemptions; DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities
Document Number: E8-29878
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of Security, Department of Homeland Security
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 U.S. Customs and Border Protection Persons Engaged in International Trade in Customs and Border Protection010 Licensed/Regulated Activities 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: Implementation of Exemptions; DHS/CBP-012 Closed Circuit Television System
Document Number: E8-29877
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
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 U.S. Customs and Border Protection Closed Circuit Television System 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: Implementation of Exemptions; U.S. Customs and Border Protection-013 Seized Assets and Case Tracking System
Document Number: E8-29876
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of Security, Department of Homeland Security
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 U.S. Customs and Border Protection013 Seized Assets and Case Tracking System (SEACATS) 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: Implementation of Exemptions, DHS/CBP-014 Regulatory Audit Archive System
Document Number: E8-29875
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
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 U.S. Customs and Border Protection Regulatory Audit Archive System (RAAS) 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: Implementation of Exemptions; DHS/CBP-009 Nonimmigrant Inspection System
Document Number: E8-29843
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is amending its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Nonimmigrant Inspection System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; DHS/USCG-028 Family Advocacy Program
Document Number: E8-29842
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of Security, Department of Homeland Security
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 to administer the DHS/USCG-028 Family Advocacy Program 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: Implementation of Exemptions; DHS/USSS-004 Protection Information System
Document Number: E8-29841
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of Security, Department of Homeland Security
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 United States Secret Service Protection Information System 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: Implementation of Exemptions; U.S. Customs and Border Protection-015 Automated Commercial System
Document Number: E8-29839
Type: Proposed Rule
Date: 2008-12-19
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is amending its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the CBP Automated Commercial System (ACS) from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Changes to the Florida Keys National Marine Sanctuary Regulations; Technical Corrections and Minor Substantive Changes
Document Number: E8-29832
Type: Proposed Rule
Date: 2008-12-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA proposes to amend the regulations implementing the Florida Keys National Marine Sanctuary to make technical corrections and modifications to clarify intent to several areas in the regulations. As part of these modifications, NOAA proposes to amend the definition of coral to specifically include the common sea fan, Gorgonia ventalina and Venus sea fan, Gorgonia flabellum, which are both important sanctuary resources and are currently managed under the category ``live rock;'' specify that ``touching'' coral is an injury and therefore, a prohibited activity in the FKNMS; amend the safe distance between vessels and ``divers down'' flags to be 100 yards instead of 100 feet; clarify that the prohibitions listed for Sanctuary Preservation Areas and Ecological Reserves also apply in Research-only Areas; and Correct several citations that are currently out of date.
Quarterly Listings; Anchorages, Safety Zones, Security Zones, Special Local Regulations, Regulated Navigation Areas, and Drawbridge Operation Regulations; Correction
Document Number: E8-29736
Type: Rule
Date: 2008-12-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard published a document in the Federal Register of October 14, 2008, concerning expired temporary rules. The document contained an incorrect contact telephone number, an incorrect table entry, and an omission.
Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Quino Checkerspot Butterfly (Euphydryas editha quino)
Document Number: E8-29671
Type: Proposed Rule
Date: 2008-12-19
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our January 17, 2008, proposed revised designation of critical habitat for the Quino checkerspot butterfly under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis (DEA), a revision to proposed critical habitat Unit 2, and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revision of critical habitat (including the changes to proposed critical habitat Unit 2), the associated DEA, and the amended required determinations section. If you submitted comments previously, then you do not need to resubmit them because they are included in the public record for this rulemaking and we will fully consider them in preparation of our final determination.
Medicaid Program; State Option To Establish Non-Emergency Medical Transportation Program
Document Number: E8-29662
Type: Rule
Date: 2008-12-19
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule implements section 6083 of the Deficit Reduction Act of 2005, which provides States with additional State plan flexibility to establish a non-emergency medical transportation (NEMT) brokerage program, and to receive the Federal medical assistance percentage matching rate. This authority supplements the current authority that States have to provide NEMT to Medicaid beneficiaries who need access to medical care, but have no other means of transportation.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Change the Listing Status of the Canada Lynx
Document Number: E8-30110
Type: Proposed Rule
Date: 2008-12-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to revise the listing of the Canada lynx (Lynx canadensis) as threatened under the Endangered Species Act of 1973, as amended (Act), to include New Mexico. We find that the petition presents substantial scientific or commercial information indicating that changing the listing status of the contiguous United States Distinct Population Segment of Canada lynx to include New Mexico may be warranted. Therefore, with the publication of this notice, we are initiating a further review in response to the petition, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that our review is comprehensive, we are soliciting feedback from the public regarding this species.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: E8-30109
Type: Rule
Date: 2008-12-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the January 2009 time period, based on consideration of the determination criteria regarding inseason adjustments.
Changes in Pay Administration Rules for General Schedule Employees; Correction
Document Number: E8-30106
Type: Rule
Date: 2008-12-18
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management issued final regulations on pay setting rules for General Schedule employees on November 7, 2008 (73 FR 66143). This correcting amendment clarifies an instruction.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2009 Season
Document Number: E8-30081
Type: Proposed Rule
Date: 2008-12-18
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2009 season. The proposed regulations would enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These proposed regulations were developed under a co- management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region-specific regulations that would go into effect on April 2, 2009, and expire on August 31, 2009.
Importation of Baby Squash and Baby Courgettes From Zambia
Document Number: E8-30080
Type: Rule
Date: 2008-12-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the fruits and vegetables regulations to allow the importation into the continental United States of baby squash and baby courgettes from Zambia. As a condition of entry, both commodities must be produced in accordance with a systems approach that includes requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures. Both commodities must also be accompanied by a phytosanitary certificate with an additional declaration stating that the baby squash or baby courgettes have been produced in accordance with the requirements of the systems approach. This action will allow the importation of baby squash and baby courgettes from Zambia into the United States while continuing to provide protection against the introduction of quarantine pests.
Importation of Ash Plants
Document Number: E8-30077
Type: Rule
Date: 2008-12-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the regulations governing the importation of nursery stock to prohibit or restrict the importation of ash (Fraxinus spp.) plants for planting, except seed, from all foreign countries except for certain areas in Canada that are not regulated areas for emerald ash borer. The interim rule was necessary to prevent further introductions of emerald ash borer into the United States and to prevent the artificial spread of this destructive plant pest.
General Administrative Regulations; Administrative Remedies for Non-Compliance
Document Number: E8-30073
Type: Rule
Date: 2008-12-18
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) finalizes the General Administrative Regulations; Administrative Remedies for Non- Compliance to add additional administrative remedies that are available as a result of the enactment of section 515(h) of the Federal Crop Insurance Act (Act) (7 U.S.C. 1515(h)), make such other changes as are necessary to implement the provisions of section 515(h) of the Act, and to clarify existing administrative remedies.
Clarification of Evidentiary Standard for Determinations and Decisions
Document Number: E8-30056
Type: Rule
Date: 2008-12-18
Agency: Social Security Administration, Agencies and Commissions
We are amending our rules to clarify that we apply the preponderance of the evidence standard when we make determinations and decisions at all levels of our administrative review process. These rules do not change our policy that the Appeals Council applies the substantial evidence standard when it reviews a decision by an administrative law judge (ALJ) to determine whether to grant a request for review. We are also adding definitions of the terms ``substantial evidence'' and ``preponderance of the evidence'' for use in applying these rules.
Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B Airplanes
Document Number: E8-30044
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This proposed AD would require you to modify the aileron carry-through cable attachment to the aileron upper quadrant with parts of improved design. This proposed AD results from reports of a ``catch'' in the aileron control system when the control yoke is turned. We are proposing this AD to prevent the cable attach fitting on the aileron upper quadrant assembly from rotating and possibly contacting or interfering with the aileron lower quadrant assembly, which could result in limited roll control and reduced handling capabilties.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E8-30037
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed 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:
Proposed Amendment of Class E Airspace; Columbus, OH
Document Number: E8-30036
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Columbus, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Rickenbacker International Airport, Columbus, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Rickenbacker International Airport.
Proposed Amendment of Class E Airspace; Medford, WI
Document Number: E8-30035
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Medford, WI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Taylor County Airport, Medford, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Taylor County Airport.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
Document Number: E8-30027
Type: Rule
Date: 2008-12-18
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts, in part, the proposed changes to the rules and procedures concerning the standards of representation and professional conduct for practitioners who appear before the Executive Office for Immigration Review (EOIR), which includes the immigration judges and the Board of Immigration Appeals (Board). It also clarifies who is authorized to represent and appear on behalf of individuals in proceedings before the Board and the immigration judges. Current regulations set forth who may represent individuals in proceedings before EOIR and also set forth the rules and procedures for imposing disciplinary sanctions against practitioners who engage in criminal, unethical, or unprofessional conduct, or in frivolous behavior before EOIR. The final rule increases the number of grounds for discipline, improves the clarity and uniformity of the existing rules, and incorporates miscellaneous technical and procedural changes. The changes herein are based upon the Attorney General's initiative for improving the adjudicatory processes for the immigration judges and the Board, as well as EOIR's operational experience in administering the disciplinary program since the current process was established in 2000.
Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review
Document Number: E8-30025
Type: Rule
Date: 2008-12-18
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice is publishing this final rule to amend the regulations regarding voluntary departure. This rule adopts, without substantial change, the proposed rule under which a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen or reconsider with the immigration judge or the Board of Immigration Appeals (Board) or a petition for review in a federal court of appeals. This final rule adopts, with some modification, the proposed rule under which an immigration judge will set a presumptive civil monetary penalty of $3,000 if the alien fails to depart within the time allowed. However, this rule adopts only in part the proposals to amend the provisions relating to the voluntary departure bond. Finally, this rule adopts the notice advisals in the proposed rule and incorporates additional notice requirements in light of public comments.
Proposed Amendment of Class E Airspace; Milwaukee, WI
Document Number: E8-30023
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace for the Milwaukee, WI, area. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Waukesha County Airport, Waukesha, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Waukesha County Airport. Also, a technical amendment is being made changing the name of John H. Batten Field to John H. Batten Airport.
Proposed Amendment of Class E Airspace; Sioux City, IA
Document Number: E8-30022
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Sioux City, IA. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Sioux Gateway Airport/Col. Bud Day Field, Sioux City, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Sioux Gateway Airport/Col. Bud Day Field.
Technical Amendments
Document Number: E8-30021
Type: Rule
Date: 2008-12-18
Agency: Department of the Treasury, Office of Thrift Supervision, Thrift Supervision Office, Department of Treasury
The Office of Thrift Supervision (OTS) is amending its regulations to incorporate technical and conforming amendments. They include clarifications and corrections of typographical errors.
Proposed Modification of Class E Airspace; Reno, NV
Document Number: E8-30017
Type: Proposed Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the existing Class E airspace at Reno/Tahoe International Airport, Reno, NV. Additional controlled airspace is necessary to accommodate aircraft using the Localizer (LOC) Z Runway 16R approach at Reno/Tahoe International Airport, Reno, NV. The FAA is proposing this action to enhance the safety and management of aircraft operations at Reno/Tahoe International Airport, Reno, NV.
Revocation of Class E Airspace; Metlakatla, AK
Document Number: E8-30013
Type: Rule
Date: 2008-12-18
Agency: Federal Aviation Administration, Department of Transportation
This action revokes Class E airspace at Metlakatla, AK. The privately funded special instrument approaches serving Metlakatla Airport have been removed. There is no longer a requirement for the controlled airspace. This action revokes existing Class E airspace surrounding the Metlakatla Airport, Metlakatla, AK.
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