2008 – Federal Register Recent Federal Regulation Documents

Results 351 - 400 of 6,269
Uniform Compliance Date for Food Labeling Regulations
Document Number: E8-29485
Type: Rule
Date: 2008-12-12
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is establishing January 1, 2012, as the uniform compliance date for new meat and poultry product labeling regulations that are issued between January 1, 2009, and December 31, 2010. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.
Data Requirements for Antimicrobial Pesticides; Extension of Comment Period
Document Number: E8-29477
Type: Proposed Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
EPA issued a proposed rule in the Federal Register of October 8, 2008 proposing data requirements for antimicrobial pesticides. EPA received two requests to extend the comment period on the proposed rule. Today's document extends the comment period for 90 days, from January 6, 2009 to April 6, 2009.
Revisions to the California State Implementation Plan, Approval of the Ventura County Air Pollution Control District-Reasonably Available Control Technology Analysis
Document Number: E8-29468
Type: Proposed Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern the District's analysis of whether its rules meet Reasonably Available Control Technology (RACT) under the 8-hour ozone National Ambient Air Quality Standard (NAAQS). We are approving the analysis under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Isoxaflutole; Pesticide Tolerances
Document Number: E8-29467
Type: Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
This regulation amends the pesticide tolerance for isoxaflutole by removing isoxaflutole's benzoic acid metabolite (RPA 203328) from the established tolerance expression and revising downward tolerance levels for isoxaflutole in or on field corn. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Citrus Canker; Movement of Fruit From a Quarantined Area; Bag Markings
Document Number: E8-29458
Type: Rule
Date: 2008-12-12
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 interstate movement of fruit from an area quarantined for citrus canker to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement ``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. The interim rule was necessary to provide for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States.
Suspension of Community Eligibility
Document Number: E8-29456
Type: Rule
Date: 2008-12-12
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Collateral Acceptability and Valuation
Document Number: E8-29440
Type: Rule
Date: 2008-12-12
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Department of the Treasury is amending regulations that govern the acceptability and valuation of collateral pledged to secure deposits of public monies and other financial interests of the government under Treasury's three Fiscal Service collateral programs. This final rule is a nonsubstantive, technical amendment that updates a Web site and a postal mailing address referenced in those regulations.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: E8-29435
Type: Rule
Date: 2008-12-12
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) of the Navy has determined that USS SAN FRANCISCO (SSN 711) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Pesticide Regulations; Technical Amendments
Document Number: E8-29375
Type: Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
EPA has reviewed its pesticide regulations contained in 40 CFR Parts 150-180, and is making technical changes in a number of areas. These technical changes will correct errors and cross-references, improve presentation and format, and conform the regulations to current CFR practice. These changes have no substantive impact on any requirements. As such, notice and public comment procedures are unnecesary, and EPA finds that this constitutes good cause under the Administrative Procedure Act.
Etofenprox; Pesticide Tolerance
Document Number: E8-29346
Type: Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of etofenprox (2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzyl ether) in or on rice, grain. Mitsui Chemical, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Withdrawal of Certain Proposed Rules and Other Proposed Actions
Document Number: E8-29331
Type: Proposed Rule
Date: 2008-12-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the withdrawal of a certain advance notice of proposed rulemaking (ANPRM) and proposed rules (NPRMs) that published in the Federal Register more than 5 years ago. These proposals are no longer considered viable candidates for final action at this time.
Adjustment of Status to Lawful Permanent Resident for Aliens in T or U Nonimmigrant Status
Document Number: E8-29277
Type: Rule
Date: 2008-12-12
Agency: Department of Homeland Security
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. T nonimmigrant status is available to aliens who are victims of a severe form of trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or prosecution of those crimes. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
Creditor Continuity of Interest
Document Number: E8-29271
Type: Rule
Date: 2008-12-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations providing guidance regarding when and to what extent creditors of a corporation will be treated as proprietors of the corporation in determining whether continuity of interest (``COI'') is preserved in a potential reorganization. These final regulations are necessary to provide clarity to parties engaging in reorganizations of insolvent corporations, both inside and outside of bankruptcy. These final regulations affect corporations, their creditors, and their shareholders.
Approval and Promulgation of Implementation Plans; Alaska; Interstate Transport of Pollution
Document Number: E8-29231
Type: Rule
Date: 2008-12-12
Agency: Environmental Protection Agency
EPA issued a direct final rule on October 15, 2008, entitled ``Approval and Promulgation of Implementation Plans; Alaska; Interstate Transport of Pollution.'' This document makes a minor correction to the October 15, 2008, action to correct a typographical error in the regulatory text for the rule.
Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams
Document Number: E8-29150
Type: Rule
Date: 2008-12-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are amending our regulations concerning stream buffer zones, stream-channel diversions, siltation structures, impoundments, excess spoil, and coal mine waste. Among other things, this rule requires that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. We have revised the stream buffer zone rule to more closely reflect the underlying provisions of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), to adopt related permit application requirements, to require that disturbance of perennial and intermittent streams and their buffer zones generally be avoided unless it is not reasonably possible to do so, to identify exceptions to the requirement to maintain an undisturbed buffer zone for perennial and intermittent streams, and to clarify the relationship between SMCRA and the Clean Water Act.
Clarification of Employer Duty To Provide Personal Protective Equipment and Train Each Employee
Document Number: E8-29122
Type: Rule
Date: 2008-12-12
Agency: Department of Labor, Occupational Safety and Health Administration
In this rulemaking, OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis. The amendments consist of new paragraphs added to the introductory sections of the listed Parts and changes to the language of some existing respirator and training requirements. This action, which is in accord with OSHA's longstanding position, is being taken in response to recent decisions of the Occupational Safety and Health Review Commission indicating that differences in wording among the various PPE and training provisions in OSHA safety and health standards affect the Agency's ability to treat an employer's failure to provide PPE or training to each covered employee as a separate violation. The amendments add no new compliance obligations. Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The amendments simply clarify that the standards apply to each employee.
Significant Price Discovery Contracts on Exempt Commercial Markets
Document Number: E8-28867
Type: Proposed Rule
Date: 2008-12-12
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing rules to implement the CFTC Reauthorization Act of 2008 (``Reauthorization Act'').\1\ In pertinent part, the Reauthorization Act amends the Commodity Exchange Act to significantly expand the CFTC's regulatory authority over exempt commercial markets (``ECMs''), which had heretofore operated largely outside the Commission's regulatory reach, by creating a new regulatory category ECMs with significant price discovery contracts (``SPDCs'')and directing the Commission to adopt rules to implement this expanded authority. In addition to proposing regulations mandated by the Reauthorization Act, the Commission is also proposing to amend existing regulations applicable to registered entities in order to clarify that such regulations are now applicable to ECMs with SPDCs.
Steel Import Monitoring and Analysis System
Document Number: E8-28683
Type: Proposed Rule
Date: 2008-12-12
Agency: Department of Commerce, International Trade Administration
The Department of Commerce publishes this proposed rule to request public comment on modifications to the Steel Import Monitoring and Analysis (SIMA) System. These modifications are proposed to extend the current SIMA system until March 21, 2013. This extension would continue the Department's ability to track steel imports and make them publicly available in advance of the full trade data release.
Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement External Investigations
Document Number: E8-29394
Type: Proposed Rule
Date: 2008-12-11
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 United States Immigration and Customs Enforcement (ICE) External Investigations 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. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.
Civil Monetary Penalty Inflation Adjustment Rule
Document Number: E8-29380
Type: Rule
Date: 2008-12-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is issuing this final Civil Monetary Penalty Inflation Adjustment Rule, as mandated by the Debt Collection Improvement Act of 1996 (DCIA), to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of EPA-administered statutes and their implementing regulations. The Agency is required to review the civil monetary penalties under the statutes it administers at least once every four years and to adjust such penalties as necessary for inflation according to a formula specified in the DCIA. Table 1 of the regulations, which appears near the end of this rule, contains a list of all civil monetary penalty authorities under EPA-administered statutes and the applicable statutory amounts, as adjusted for inflation.
Oil Pollution Prevention; Spill Prevention, Control and Countermeasures Rule; Revisions to the Regulatory Definition of “Navigable Waters”
Document Number: E8-29379
Type: Rule
Date: 2008-12-11
Agency: Environmental Protection Agency
This document makes a correction to the Preamble of the final rule amending the Oil Pollution Prevention regulation published on November 26, 2008 (73 FR 71941). The final rule announced the vacatur of the July 17, 2002 revisions to the Clean Water Act section 311 regulatory definition of ``navigable waters'' in accordance with an order, issued by the United States District Court for the District of Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions and restoring the regulatory definition of ``navigable waters'' promulgated by EPA in 1973. The final rule amended the definition of ``navigable waters'' in part 112 to comply with that decision.
Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
Document Number: E8-29377
Type: Proposed Rule
Date: 2008-12-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In order to provide additional time and opportunities for highly migratory species (HMS) constituents, and other interested parties to comment on the proposed rule published on November 18, 2008 (73 FR 68398), to adjust the 2008 North and South Atlantic swordfish commercial quotas and modify the vessel chartering regulations, NMFS is extending the proposed rule comment period for this action from December 18, 2008, to January 16, 2009. NMFS is also changing the date and time of the December 16, 2008, public hearing scheduled for Gloucester, MA, to January 15, 2009.
Television Broadcasting Services; Waco, TX
Document Number: E8-29372
Type: Proposed Rule
Date: 2008-12-11
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by Comcorp of Texas License Corp. (``Comcorp''), the permittee of KWKT-DT, post-transition DTV channel 44, Waco, Texas. Comcorp requests the substitution of DTV channel 25 for post-transition DTV channel 44 at Waco.
An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification
Document Number: E8-29367
Type: Proposed Rule
Date: 2008-12-11
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission requests comment on proposed new rules to protect AM stations from the potential effects of nearby tower construction. The Commission seeks comment on new rules that consolidate disparate rules in separate sections regarding tower construction near AM stations, and also update these rules by incorporating computer modeling techniques.
Office of the Attorney General; Certification Process for State Capital Counsel Systems
Document Number: E8-29328
Type: Rule
Date: 2008-12-11
Agency: Department of Justice
The USA PATRIOT Improvement and Reauthorization Act of 2005 instructs the Attorney General to promulgate regulations to implement certification procedures for states seeking to qualify for the expedited federal habeas corpus review procedures in capital cases under chapter 154 of title 28, United States Code. The procedural benefits of chapter 154 are available to states that establish a mechanism for providing counsel to indigent capital defendants in state postconviction proceedings that satisfies certain statutory requirements. This rule carries out the Act's requirement of issuing regulations for the certification procedure.
Matching Requirement in McKinney-Vento Act Programs
Document Number: E8-29304
Type: Rule
Date: 2008-12-11
Agency: Department of Housing and Urban Development
The McKinney-Vento Homeless Assistance Act is the primary federal statute that addresses the issues of homelessness in the United States. Three grant programs administered by HUD under this statute (the Supportive Housing program, the Shelter Plus Care program, and the Emergency Shelter Grants program) each impose a matching requirement for a grant awarded by HUD under the program. This rule codifies, in the regulations governing these programs, the scope of the match requirement, and the responsibility of the recipient of the grant to ensure that the funds that the recipient uses to satisfy HUD's match requirements are not prohibited to be used for this purpose under any statute that may govern the matching funds. The scope of the match and the responsibility to ensure that a match is a permissible match is not a new interpretation, or new responsibility, respectively. HUD has determined, however, that codification in regulation benefits grantees, especially new recipients, since codified regulations present an easy locatable source for permanent program policies and requirements.
Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the Operation of the U.S. Postal Service
Document Number: E8-29299
Type: Rule
Date: 2008-12-11
Agency: Postal Service, Agencies and Commissions
This rule amends the Postal Service's regulations concerning tort claims to clarify the procedure for amending claims, and to update mailing addresses.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard Notice of Arrival and Departure System
Document Number: E8-29285
Type: Proposed Rule
Date: 2008-12-11
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is proposing to amend 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 United States Coast Guard Notice of Arrival and Departure System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Information Reporting for Discharges of Indebtedness; Correction
Document Number: E8-29276
Type: Rule
Date: 2008-12-11
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final and temporary regulations (TD 9430) that were published in the Federal Register on Monday, November 10, 2008 (73 FR 66539) relating to information returns for cancellation of indebtedness by certain entities. The temporary regulations will avoid premature information reporting from certain businesses that are currently required to report and will reduce the number of information returns required to be filed. The temporary regulations will impact certain lenders who are currently required to file information returns under the existing regulations.
Information Reporting for Discharges of Indebtedness; Correction
Document Number: E8-29273
Type: Rule
Date: 2008-12-11
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final and temporary regulations (TD 9430) that were published in the Federal Register on Monday, November 10, 2008 (73 FR 66539) relating to information returns for cancellation of indebtedness by certain entities. The temporary regulations will avoid premature information reporting from certain businesses that are currently required to report and will reduce the number of information returns required to be filed. The temporary regulations will impact certain lenders who are currently required to file information returns under the existing regulations.
Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains in Compliance With Court Orders
Document Number: E8-29265
Type: Rule
Date: 2008-12-11
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service) are issuing this final rule to comply with three court orders which have the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the western Great Lakes and the northern Rocky Mountains. This rule corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing of wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, the northwestern portion of Ohio, the northern half of Montana, the northern panhandle of Idaho, the eastern third of Washington and Oregon, and in north-central Utah as endangered, and reinstate the listing of wolves in Minnesota as threatened. This rule also reinstates the former designated critical habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan, special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota, and special rules in 50 CFR 17.84 designating the gray wolf in the remainder of Montana and Idaho and all of Wyoming as nonessential experimental populations. This action revises the CFR to comply with three court orders. In addition, this final rule takes additional administrative action that removes archaic provisions from the gray wolf special regulation at 50 CFR 17.84(i) and makes corrections to the gray wolf special regulation at Sec. 17.84(n) by removing language referring to a Western DPS.
Civil Monetary Penalties; Adjustment for Inflation
Document Number: E8-29263
Type: Rule
Date: 2008-12-11
Agency: Office of the Secretary, Department of Commerce
This final rule is being issued to adjust each civil monetary penalty provided by law within the jurisdiction of the Department of Commerce (the Department). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, required the head of each agency to adjust its civil monetary penalties (CMP) for inflation no later than October 23, 1996, and requires them to make adjustments at least once every four years thereafter. These inflation adjustments will apply only to violations that occur after the effective date of this rule.
Lender Oversight Program
Document Number: E8-29197
Type: Rule
Date: 2008-12-11
Agency: Small Business Administration, Agencies and Commissions
This interim final rule incorporates SBA's risk-based lender oversight program into SBA regulations. Specifically, the rule codifies in SBA regulations SBA's process of risk-based oversight including: Accounting and reporting requirements; off-site reviews/monitoring; on- site reviews and examinations; and capital adequacy requirements. It also codifies SBA Supervised Lender regulation and updates SBA's business loan program regulations to specify program standards. Finally, the rule lists the types of, grounds for, and procedures governing SBA enforcement actions against 7(a) Lenders, Certified Development Companies, Microloan Intermediaries, and Non-Lending Technical Assistance Providers within consolidated enforcement regulations. SBA previously published a Notice of Proposed Rulemaking (NPRM) addressing all of the topics and issues covered by this interim final rule. SBA has already allowed for public comment, reviewed the comments and made changes accordingly. SBA is publishing this rule interim final rather than proceeding to a final rule, however, in order to provide the public with an additional opportunity to comment and to allow for any necessary adjustments as the industry moves through the economic cycle.
Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes Equipped With International Aero Engines (IAE) Model V2500-A1 Engines or Model V25xx-A5 Series Engines
Document Number: E8-29182
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
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:
New Animal Drugs for Use in Animal Feeds; Ractopamine
Document Number: E8-29177
Type: Rule
Date: 2008-12-11
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (ANADA) filed by Ivy Laboratories, Division of Ivy Animal Health, Inc. The supplemental ANADA provides for an increased level of monensin in four-way combination Type C medicated feeds containing ractopamine, melengestrol, monensin, and tylosin for heifers fed in confinement for slaughter; and a revision to bacterial pathogen nomenclature.
Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies
Document Number: E8-29088
Type: Rule
Date: 2008-12-11
Agency: Department of the Interior, Bureau of Reclamation, Reclamation Bureau
This final rule reissues 43 CFR part 423 in its entirety. Amendments to 43 CFR part 423 were published in the Federal Register on September 24, 2008, (73 FR 54977) as an interim final rule. This final rule contains only minor additional changes which we are making in response to the public comments received on the September 24, 2008 interim final rule.
Airworthiness Directives; Boeing Model 757 Airplanes
Document Number: E8-29079
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD requires changing the wiring of the fuel boost pump and doing other specified actions. This AD results from reports of short circuits in an electrical connector at the wing-to- body electrical disconnect panel. We are issuing this AD to prevent a short circuit of the electrical connector for the fuel boost pump, which could cause the instruments for fuel, flap, slat, and aileron systems to malfunction and create a potential ignition source inside the fuel tanks. A potential ignition source inside the fuel tank in combination with flammable fuel vapors could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) Airplanes and Model CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E8-29077
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Airbus Model A330 Airplanes; and Model A340-200 and -300 Airplanes
Document Number: E8-29076
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, and 747SR Series Airplanes
Document Number: E8-29073
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 200F, 747-300, 747-400, 747-400D, 747-400F, and 747SR series airplanes. This AD requires repetitive inspections for cracks or fractures of the forward end attachment and the forward lower flange of the flap tracks of the trailing edge flaps, and corrective actions if necessary. For certain airplanes, this AD would also require modifying the fail-safe links of the main carriage. This AD results from a detailed structural analysis of the flap attach structural and fail-safe components, accomplished as a result of a dynamic stability and control analysis, which could not demonstrate continued safe flight and landing of the airplane after the loss of a trailing edge flap. We are issuing this AD to detect and correct cracks or fractures of the primary structural and fail-safe load paths of the inboard and outboard trailing edge flaps, which could result in the loss of a flap during takeoff or landing, reducing flightcrew ability to maintain the safe flight and landing of the airplane.
Airworthiness Directives; Dassault Model Mystere-Falcon 50 Airplanes
Document Number: E8-29072
Type: Rule
Date: 2008-12-11
Agency: Federal Aviation Administration, Department of Transportation
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:
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
Document Number: E8-29297
Type: Rule
Date: 2008-12-10
Agency: Department of Commerce, Patent and Trademark Office
On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA). On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a subsequent notice.
Airworthiness Directives; Boeing Model 707 Airplanes and Model 720 and 720B Series Airplanes
Document Number: E8-29257
Type: Proposed Rule
Date: 2008-12-10
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 707 airplanes and Model 720 and 720B series airplanes. The original NPRM would have required performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The original NPRM resulted from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This action revises the original NPRM by reducing the compliance time for low-utilization airplanes, and including corrective actions that were inadvertently omitted from certain sections. The corrective actions are replacing the o-rings if any leakage is found in the couplings, and replacing the fuel line if any leakage is found in the fuel line. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.
Airworthiness Directives; Boeing Model 727 Airplanes
Document Number: E8-29256
Type: Proposed Rule
Date: 2008-12-10
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 727 airplanes. The original NPRM would have required performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The original NPRM resulted from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This action revises the original NPRM by reducing the compliance time for low-utilization airplanes and including corrective actions that were inadvertently omitted from certain sections. The corrective actions are inspecting and repairing or replacing any leaking Gamah fittings with new fittings, and inspecting and repairing any major welded tube assemblies that are leaking. We are proposing this supplemental NPRM to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.
Proposed Amendment of Class E Airspace; Guam Island, GU and Saipan Island, CQ
Document Number: E8-29255
Type: Proposed Rule
Date: 2008-12-10
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to remove, rename and expand the Class E airspace areas serving Guam International Airport, Anderson AFB and Saipan Island. Additionally, this proposed action would revoke the Saipan Island Class E surface area since it is no longer required, and expand other controlled airspace areas to protect aircraft conducting instrument approaches to Saipan International Airport. The FAA is proposing these actions to enhance the safety and management of aircraft operations in the vicinity of the Northern Mariana Islands.
TRICARE; Hospital Outpatient Prospective Payment System (OPPS)
Document Number: E8-29251
Type: Rule
Date: 2008-12-10
Agency: Office of the Secretary, Department of Defense
This final rule implements a prospective payment system for hospital outpatient services similar to that furnished to Medicare beneficiaries, as set forth in Section 1833(t) of the Social Security Act. The rule also recognizes applicable statutory requirements and changes arising from Medicare's continuing experience with this system including certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The Department is publishing this rule to implement an existing statutory requirement for adoption of Medicare payment methods for institutional care which will ultimately provide incentives for hospitals to furnish outpatient services in an efficient and effective manner.
General Regulations for Areas Administered by the National Park Service and the Fish and Wildlife Service
Document Number: E8-29249
Type: Rule
Date: 2008-12-10
Agency: Fish and Wildlife Service, Department of the Interior, National Park Service
This final rulemaking amends regulations codified in 36 CFR part 2 and 50 CFR part 27, which pertain to the possession and transportation of firearms in national park areas and national wildlife refuges. The final rule updates these regulations to reflect state laws authorizing the possession of concealed firearms, while leaving unchanged the existing regulatory provisions that ensure visitor safety and resource protection such as the prohibitions on poaching and limitations on hunting and target practice.
DNA-Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction
Document Number: E8-29248
Type: Rule
Date: 2008-12-10
Agency: Department of Justice
The Department of Justice by this publication is amending regulations relating to DNA-sample collection in the federal jurisdiction. This rule generally directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States, subject to certain limitations and exceptions. By this rule, the Department is also finalizing, without change, two related interim rules concerning the scope of qualifying federal offenses for purposes of DNA-sample collection and a requirement to preserve biological evidence in federal criminal cases in which defendants are under sentences of imprisonment.
Proposed Removal and Modification of VOR Federal Airways; Alaska
Document Number: E8-29239
Type: Proposed Rule
Date: 2008-12-10
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to remove Federal Airway V-328, and modify three Federal Airways, V-319, V-333 and V-480, in Alaska. The FAA is proposing this action in preparation of the eventual decommissioning from the National Airspace System (NAS) of the Kipnuk, Very High Ommi-directional Range (VOR), Kipnuk, AK.
Drawbridge Operation Regulation; Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, Hempstead, NY, Maintenance
Document Number: E8-29237
Type: Rule
Date: 2008-12-10
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wantagh State Parkway Bridge across Sloop Channel at mile 15.4, at Jones Beach, New York. Under this temporary deviation the bridge may operate on a limited operating schedule for four months to facilitate the completion of bridge construction.
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