2008 – Federal Register Recent Federal Regulation Documents

The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Coast Guard announces its intent to prepare a new Environmental Impact Statement (EIS) for the next phase of this rulemaking. The new EIS will tier off the first EIS, which was prepared in support of the interim rule published in September 2008. Under the interim rule, the discharge of bulk dry cargo residue is allowed to continue in limited areas of the Great Lakes and under certain conditions. The Coast Guard plans to issue a final rule that may modify the interim rule and add new conditions for discharges. The new EIS will support the final rule. This notice requests public comments and begins a public scoping process to help determine the scope of issues to be addressed in the new EIS.

The Copyright Office of the Library of Congress is conducting its triennial rulemaking proceeding in accordance with a provision of the Copyright Act which was added by the Digital Millennium Copyright Act and which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice publishes the classes of works that the Office will consider for exemption, which were proposed in the comment period that ended on December 2, 2008. This Notice further reiterates the previously published request for responsive written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit additional evidence either supporting or opposing the classes of works proposed for exemption.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established under the provisions of 10 U.S.C. 1114, to advise and assist the Secretary of Defense on actuarial matters associated with the Department of Defense Medicare-Eligible Retiree Health Care Fund. The Board shall report annually to the Secretary of Defense periodically, but no less than once every four years, to the President and the Congress on the status of the Fund to include recommendations for such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis. The Board shall be composed of not more than three members appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. The Board Members shall serve for a term of 15 years; except those Board Members appointed to fill a vacancy occurring before the end of the term for which the predecessor was appointed shall serve only until the end of such term. Board Members may serve after the end of the term until a successor has taken office. No Board Member, other than those originally appointed for less than a 15-year term or a Board Member appointed to fill an unexpired term may be reappointed for successive terms. Board Members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal employees, are appointed as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as Special Government employees. Pursuant to 10 U.S.C. 1114(a)(3), the members shall serve with compensation to include travel and per diem for official travel. The Chairperson of the Board shall be designated by the Under Secretary of Defense (Personnel and Readiness), on behalf of the Secretary of Defense. The Board is authorized to establish Subcommittees or Working Groups, as necessary and consistent with its mission, and these Subcommittees or Working Groups shall operate under the provisions of the Federal Advisory Committee Act, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such Subcommittees or Working Groups shall not work independently of the chartered Board, and shall report their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or Working Groups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Agency or any Federal officers or employees who are not Board Members.

The FHWA is issuing this notice to advise the public of the availability of the Final Section 4(f) Evaluation for the proposed roadway improvements proposed in conjunction with the consolidation of the Department of Homeland Security Headquarters at St. Elizabeths in Southeast Washington, DC in accordance with 49 U.S.C. 303.

On October 7, 2008, the National Environmental Satellite Data and Information Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce (hereinafter, ``NESDIS'') published a notice of availability of funds (Docket No. 0809261277- 81278-01, I.D. GF001) to establish a NOAA Cooperative Institute for Satellite Climate Studies (73 FR 58560). That notice is hereby rescinded and is replaced with the following revised notice of funding availability. NESDIS invites applications for a Cooperative Institute (CI) that will focus on (1) climate and satellite research and applications, (2) climate and satellite observations and monitoring, and (3) climate research and modeling. Through this competition, NOAA intends to establish competitively a new CI according to the policy and procedures described in NOAA Administrative Order 216-107 and the Cooperative Institute Interim Handbook both available at www.nrc.noaa.gov/ci. The proposed CI should be composed of two or more member institutions (e.g., multiple universities). At least one research institution should be in Maryland, Washington DC or the adjacent states (Delaware, Pennsylvania, West Virginia and Virginia). At least one research institution should be in North Carolina or the bordering states (Tennessee, South Carolina and Georgia) and have a presence in Asheville, North Carolina. NOAA has identified three research themes that will address specific needs within the NOAA Mission Support Satellite Service program and the NOAA Climate Goal that would benefit from collaborations with the CI. The CI should possess outstanding capabilities to work in the three research themes summarized below, as well as possess the capability to conduct outreach and education activities in support of these research themes. I. Climate and Satellite Research and Applications: Research conducted under this theme is associated with the development of new and innovative uses of non-NOAA satellite assets that can ultimately be transitioned into NOAA operations to support climate information needs. This theme also includes performing research and development aimed at improving the utilization of a long time series of satellite measurements that will offer NOAA scientists a homogeneous record of satellite radiances. II. Climate and Satellite Observations and Monitoring: Research conducted under this theme involves (1) designing indices and applications that incorporate satellite observations to detect, monitor and investigate climatic changes and their impacts on coastal and open ocean ecosystems, (2) identifying and meeting the satellite climate needs of a wide variety of users, including research, business and industry, and government and private sector users, and (3) contributing significantly to climate reanalysis projects when satellite data is a key input. III. Climate Research and Modeling: Research conducted under this theme is focused on improving climate forecasts on mesoscale, regional and global scales when satellite data is a key input, and developing regional ecosystem models that can incorporate satellite observations to predict the impact of climate change on these ecosystems, particularly those located in the Mid-Atlantic region. The CI is also expected to play a significant role in National Centers for Environmental Prediction (NCEP) Climate Test Bed projects when satellite data is a key input. This announcement provides requirements for the proposed CI and includes details for the technical program, evaluation criteria, and competitive selection procedures. Applicants should review the NOAA Administrative Order 216-107 and CI Interim Handbook prior to preparing a proposal for this announcement.

Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans prescribes interest assumptions for valuing benefits under terminating single-employer plans. This final rule amends the asset allocation regulation to adopt interest assumptions for plans with valuation dates in the first quarter of 2009. As discussed below, PBGC has published a separate final rule dealing with interest assumptions under its regulation on Benefits Payable in Terminated Single-Employer Plans for January 2009. Interest assumptions are also published on PBGC's Web site (https:// www.pbgc.gov).

The McInnis Canyons National Conservation Area (MCNCA) Advisory Council has scheduled its 2009 meetings. During these meetings, the Advisory Council will discuss matters relevant to management of McInnis Canyons National Conservation Area and may develop resolutions and/or recommendations to provide to the Bureau of Land Management on proposed projects, plans, and programs. These meetings are open to the public.

This rule implements the provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) regarding the direct and counter-cyclical payment program (DCP) for the 2008 through 2012 crop years as well as Average Crop Revenue Election (ACRE) program payments for the 2009 through 2012 crop years. The 2008 Farm Bill further authorizes payments, with some changes, that were previously authorized under the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill) regarding direct and counter-cyclical payments for the crop years 2002 through 2007. The payments provide income support to producers of eligible commodities and are based on historically-based acreage and yields and do not depend on the current production choices of the farmer. In general, the 2008 Farm Bill provides payments to eligible producers of covered commodities and peanuts and beginning in 2009, pulse crops as well. Additionally, the 2008 Farm Bill provides for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under the 2002 Farm Bill.

This notice is to advise the public that FRA and the California High Speed Rail Authority (Authority) will jointly prepare a project Environmental Impact Statement (EIS) and project Environmental Impact Report (EIR) for the San Francisco to San Jose section of the Authority's proposed California High-Speed Train (HST) System in compliance with relevant state and federal laws, in particular the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). In 2001, the Authority and FRA started a tiered environmental review process for the HST system and in 2005, completed the first tier California High Speed Train Program EIR/EIS and approved the statewide HST system for intercity travel in California between the major metropolitan centers of Sacramento and the San Francisco Bay Area in the north, through the Central Valley, to Los Angeles and San Diego in the south. The approved HST system would be about 800-miles long, with electric propulsion and steel-wheel-on-steel-rail trains capable of maximum operating speeds of 220 miles per hour (mph) on a mostly dedicated system of fully grade-separated, access-controlled steel tracks and with state-of-the-art safety, signaling, communication, and automated train control systems. In 2008, the Authority and FRA completed a second program EIR/EIS to evaluate alignments and station locations within the broad corridor between and including the Altamont Pass and the Pacheco Pass to connect the Bay Area and Central Valley portions of the HST system. The Authority and FRA selected the Pacheco PassSan Francisco and San Jose termini network alternative, as well as preferred corridor alignments and station location options. The selected alignment uses the Caltrain rail right-of-way, between San Francisco and San Jose along the San Francisco Peninsula, and the Pacheco Pass via Henry Miller Road, between San Jose and the Central Valley. The preparation of the San Francisco to San Jose HST Project EIR/ EIS will involve development of preliminary engineering designs and assessment of environmental effects associated with the construction, operation, and maintenance of the HST system, including track, ancillary facilities and stations, along the Caltrain corridor from San Francisco to San Jose.