2008 – Federal Register Recent Federal Regulation Documents

The Consumer Product Safety Commission (``Commission'' or ``CPSC'') is issuing a final rule for advertisements of certain toys and games. Section 105 of the Consumer Product Safety Improvement Act of 2008, Public Law 110-314, 122 Stat. 3016 (August 14, 2008), (``CPSIA''), directs the Commission to promulgate regulations to effectuate this section with respect to advertising for certain toys and games in catalogues and other printed materials not later than 90 days after enactment. The final rule details requirements regarding the size and placement of the cautionary labeling and the use of abbreviated warnings. The rule exempts catalogues circulated solely between businesses from the rule's requirements, except where the recipient business is one that could be expected to be purchasing the product for the use of children rather than for resale. There is a grace period of 180 days for distribution of catalogues and other printed materials printed prior to the effective date of February 10, 2009.

Pursuant to sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107-252, the U.S. Election Assistance Commission (EAC) hereby causes to be published in the Federal Register material changes to the HAVA State plans previously submitted by Louisiana and Nevada.

This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Board is revising its interim final rule amending Regulation D, Reserve Requirements of Depository Institutions, to alter the formula by which earnings on required reserve balances and on excess balances of eligible institutions are calculated. The remainder of the interim final rule, including the period during which comments may be submitted, is unchanged from the interim final rule as published on October 9, 2008.

Reclamation is issuing this interim final rule to establish programmatic criteria for the Reclamation Rural Water Supply Program (Rural Water Supply Program), including criteria governing prioritization, eligibility, and the evaluation of appraisal investigations and feasibility studies. Title I of the Reclamation Rural Water Supply Act of 2006, Public Law 109-451 (Act), authorized Reclamation to establish the Rural Water Supply Program and requires publication of programmatic criteria in the Federal Register. This rule is intended to define for potential participants how the Rural Water Supply Program authorized by the Act will be administered.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes identified above. This AD requires modifying the outboard flap track and transmission attachments. This AD results from a joint Boeing and FAA multi-model study (following in-service trailing edge flap structure and drive system events) on the hazards posed by skewing and failed flaps. This study identified the safety concerns regarding the transmission attachment design and the potential loss of an outboard trailing edge flap. We are issuing this AD to prevent certain discrepancies associated with this design (for example, a flap skew or lateral control asymmetry that can cause collateral damage to adjacent hydraulic tubing and subsequent loss of a hydraulic system), which could result in the asymmetric flight control limits being exceeded, and could adversely affect the airplane's continued safe flight and landing.

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:

EPA is re-opening the comment period of a proposed rule that the Agency published on September 15, 2008. The proposed rule solicited public comment on the Agency's proposal to remove from the Code of Federal Regulations a rule that EPA promulgated in 1996 making provisions of the federal antidegradation policy directly applicable for all waters of the United States within the Commonwealth of Pennsylvania. EPA is re-opening the comment period for the proposed rule to ensure all parties have adequate opportunity to express their views to the Agency prior to taking final action on the proposed rule. The original comment period for the proposed rule closed on October 15, 2008. In a separate action published in today's final rule section of the Federal Register, EPA is withdrawing a direct final rule that EPA also published on September 15, 2008, removing the federal regulation that made provisions of EPA's antidegradation policy directly applicable to waters in Pennsylvania.

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for the collection of Atlantic Highly Migratory Species (HMS) in 2009. In general, EFPs and related permits would authorize collections of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection and public display. Chartering permits allow the collection of HMS in the high seas or in the Exclusive Economic Zone of other nations. Generally, these permits will be valid from the date of issuance through December 31, 2009, unless otherwise specified, subject to the terms and conditions of individual permits.

ACCSH Work Groups will meet December 2-3, 2008, and ACCSH will meet December 4-5, 2008, in Washington, DC.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Each year Congress appropriates funds to approximately 3,200 Public Housing Authorities (PHAs) for modernization, development, financing, and management improvements. The funds are allocated based on a complex formula. The forms in this collection are used to appropriately disburse and utilize the funds provided to PHAs. Additionally, these forms provide the information necessary to approve a financing transaction in addition to any Mixed-Finance and Capital Fund Financing transactions. Respondents include the approximately 3,200 PHA receiving Capital Funds and other PHAs wishing to pursue financing.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The Bureau of the Census (Census Bureau) is giving notice of a joint meeting, followed by separate and concurrently held meetings of the Census Advisory Committees (CACs) on the African American Population, the American Indian and Alaska Native Populations, the Asian Population, the Hispanic Population, and the Native Hawaiian and Other Pacific Islander Populations. The Committees will address issues related to the 2010 Census, including the Integrated Communications Campaign, 2010 Partnerships, and other decennial activities. The five Census Advisory Committees on Race and Ethnicity will meet in plenary and concurrent sessions on December 10- 12. Last-minute changes to the schedule are possible, which could prevent advance notification.

On September 18, 2008, the Commission published in the Federal Register a notice of proposed rulemaking to amend its rules, guidance and acceptable practices concerning trading off the centralized market, including the addition of guidance on contract market block trading rules and exchanges of futures for commodities or derivatives positions. Comments on the proposal originally were due on November 17, 2008. The Commission is extending the comment period in order to give interested persons additional time to comment on the proposed amendments.

The Bureau of the Census (Census Bureau) is providing notification of final criteria and guidelines for American Indian Areas (AIAs) for the 2010 Census. Criteria are those rules and conditions that must be met when defining a geographic entity; guidelines are procedures and measures suggested by the Census Bureau to enhance the utility of statistical geographic areas for presentation and analysis of statistical data. AIAs are geographic entities within the United States defined for the collection, tabulation, and presentation of decennial census data for federally and/or state-recognized American Indian tribes. AIAs will be used to collect, tabulate, and present data for the 2010 Census, period estimates from the American Community Survey (ACS), and potentially other Census Bureau statistical data. More specifically, for the 2010 Census, AIAs consist of the following types of geographic entities: American Indian reservations (AIRs). Off-reservation trust lands (ORTLs). Oklahoma tribal statistical areas (OTSAs). Tribal-designated statistical areas (TDSAs). State-designated tribal statistical areas (SDTSAs). Tribal census tracts (tribal tracts). Tribal block groups. Tribal subdivisions on AIRs, ORTLs, and OTSAs. Census designated places (CDPs) on AIRs, ORTLs, and OTSAs. The geographic entities listed above include both legal and statistical geographic entities (see ``Definitions of Key Terms'' section). The Census Bureau is not proposing any new types of AIAs for the 2010 Census. In these final criteria, the Census Bureau announces the following changes for the 2010 Census: Change the term ``State-Designated American Indian Statistical Areas'' (SDAISAs) to ``State-Designated Tribal Statistical Areas'' or SDTSAs. Clarify the definition and purpose of OTSAs. In addition, because all former AIRs in Oklahoma were delineated as OTSAs for Census 2000, the Census Bureau is providing notification that no new OTSAs may be delineated for the 2010 Census, and to the extent possible, OTSA boundaries for the 2010 Census should be consistent with those defined for Census 2000. The Census Bureau also seeks to avoid defining joint use area OTSAs for the 2010 Census. Clarify the definition, purpose, and the criteria and guidelines for TDSAs and SDTSAs. Identify tribal tracts and tribal block groups as separate statistical geographic entities distinct from, and in addition to, ``standard'' county-based census tracts and block groups. The Census Bureau has three geographic partnership programs through which it collects updates to the inventory, boundaries, and attributes of AIAs for the 2010 Census: The annual Boundary and Annexation Survey (BAS), the State Reservation Program, and the Tribal Statistical Areas Program (TSAP). Both the BAS and the State Reservation Program provide the process for reviewing and updating those AIAs that are legal geographic entities: AIRs and ORTLs under the governmental authority of federally recognized American Indian tribes, tribal subdivisions within these federally recognized AIRs and ORTLs, and AIRs for state- recognized American Indian tribes. The TSAP provides the process for reviewing and updating those AIAs that are statistical geographic entities: OTSAs, tribal subdivisions within OTSAs, TDSAs, SDTSAs, tribal tracts, tribal block groups, and CDPs. Each of these programs is discussed in more detail within the SUPPLEMENTARY INFORMATION section of this Federal Register Notice. This Notice announces the Census Bureau's final criteria and guidelines for AIAs for the 2010 Census. In addition, this Notice contains a summary of comments received in response to the April 1, 2008, Federal Register (73 FR 17303), as well as the Census Bureau's responses to these comments. The Census Bureau has considered all comments received regarding the new criteria and guidelines and will enact the proposed criteria and guidelines, unaltered from those presented in the Federal Register (73 FR 17303). For information regarding similar programs for Alaska Native Areas (ANAs), please refer to the Federal Register Notice titled ``Alaska Native Areas (ANAs) for the 2010 CensusFinal Criteria and Guidelines''.

In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA expressed environmental concerns about wildfire analysis, potential unauthorized public vehicle use, and water quality impacts from grazing. EPA recommends that the final EIS include assurances that appropriate subsequent treatments will be conducted to maintain the decreases in fire risk. Also, the final EIS should consider increasing riparian plantings and enclosures and modifying project design elements for road closure/decommissioning enforcement and monitoring. Rating EC2.

This notice informs the public that the Department of Homeland Security (DHS) is currently revising the 2006 National Infrastructure Protection Plan (NIPP) and, as part of a comprehensive national review process, solicits public comment on issues or language in this draft document that need to be updated during this triennial review cycle.