2008 – Federal Register Recent Federal Regulation Documents

The Department of Veterans Affairs (VA) is withdrawing VA's proposal published in the Federal Register at 73 FR 20579 on April 16, 2008, to amend our medical regulations to designate weight management counseling (individual and group sessions) as a service that is not subject to VA's co-payment requirements. VA received no significant adverse comments concerning the proposed rule or its companion substantially identical direct final rule published on the same date. In a companion document in this issue of the Federal Register, we are confirming that the direct final rule became effective on June 16, 2008. Accordingly, this document withdraws as unnecessary the proposed rule.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq. ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on April 30, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This is a notice of an Administrative declaration of a disaster for the State of California dated 10/28/2008. Incident: Marek and Sesnon Wildland Fires. Incident Period: 10/12/2008 and continuing. Effective Date: 10/28/2008. Physical Loan Application Deadline Date: 12/29/2008. Economic Injury (EIDL) Loan Application Deadline Date: 07/28/2009.

This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license to practice the invention described and claimed in NASA Case Number LAR-15602-1 entitled ``Passive Fetal Heart Monitoring System,'' U.S. Patent Number 6,749,573; LAR-15602-2 entitled ``Method for Simultaneously Making a Plurality of Acoustic Signal Sensor Elements,'' U.S. Patent Number 6,954,971; and LAR-15990-1 entitled ``Passive Fetal Heart Monitoring System,'' U.S. Patent Number 6,551,251 to Slingshot Product Development Group, having its principal place of business in Lawrenceville, Georgia. The field of use is limited to passive fetal heart monitoring systems. The patent rights have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters off Louisiana from the western end of Timbalier Island (approximately 90[deg] 33' W. long.) eastward to the Plaquemines/Jefferson Parish line (approximately 89[deg] 54' W. long.), and extending offshore 15 nautical miles. The previous 30-day exemption from TED requirements was effective September 26 through October 26, 2008. This action is necessary because environmental conditions resulting from Hurricanes Gustav and Ike persist on the fishing grounds, preventing some fishermen from using TEDs effectively.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Texas (FEMA- 1791-DR), dated 09/13/2008. Incident: Hurricane Ike. Incident Period: 09/07/2008 through 10/02/2008.

This notice extends for 45 days the public comment period on a proposed rule to designate critical habitat for the threatened Southern Distinct Population Segment of North American green sturgeon, as published on September 8, 2008, and corrected on October 7, 2008.

The U.S. Fish and Wildlife Service (Service or ``we'') is amending the regulations on resident Canada goose management. This final rule clarifies the requirements for use of expanded hunting methods during special September hunting seasons. One requirement in the regulations has been misinterpreted, and we are taking this action to make sure that our regulations are clear for the States and the public.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Indiana (FEMA-1795-DR), dated 09/23/2008. Incident: Severe storms and flooding. Incident Period: 09/12/2008 through 10/06/2008. Effective Date: 10/24/2008. Physical Loan Application Deadline Date: 11/24/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/23/2009.

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 63\rd\ Report to the Administrator of the EPA on October 7, 2008. In the 63\rd\ ITC report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by removing 1 tungsten compound and 1 High Production Volume (HPV) Challenge Program orphan chemical.

This notice sets forth an update to the 60-day national episode rates and the national per-visit amounts under the Medicare prospective payment system for home health services, effective on January 1, 2009.

We are amending the regulations concerning the importation of animals and animal products by adding Russia and Azerbaijan to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been detected in Russia and Azerbaijan. This action will restrict the importation of pork and pork products into the United States from Russia and Azerbaijan and is necessary to prevent the introduction of African swine fever into the United States.

The Department of Energy (DOE) published a document in the Federal Register of September 18, 2008, announcing the submission of an information request to the OMB for the Foreign Travel Management System (FTMS). This document corrects errors in that notice.

This notice announces a change in benefit period eligibility under the EB Program for Rhode Island. The following change has occurred since the publication of the last notice regarding the State's EB status: Effective October 21, 2008, Rhode Island's 3-month seasonally adjusted total unemployment rate rose to 8.4 percent, exceeding the 8 percent threshold. This causes the State to be triggered ``on'' to a high unemployment period (HUP) in the EB program period beginning November 9, 2008.

Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given of meetings of the Invasive Species Advisory Committee. The purpose of the Advisory Committee is to provide advice to the National Invasive Species Council, as authorized by Executive Order 13112, on a broad array of issues related to preventing the introduction of invasive species and providing for their control and minimizing the economic, ecological, and human health impacts that invasive species cause. The Council is co-chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The duty of the Council is to provide national leadership regarding invasive species issues. The purpose of a meeting on November 18-19, 2008 is to convene the full Advisory Committee and to discuss implementation of action items outlined in the 2008-2012 National Invasive Species Management Plan, which was finalized on August 1, 2008.

This notice sets forth the dates of March 19, 2009 and September 10, 2009 of the Gettysburg National Military Park Advisory Commission.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR Part 1500-1508), the National Park Service (NPS), Department of the Interior, has prepared a final environmental impact statement (FEIS) for updating the General Management Plan (GMP) for San Juan Island National Historical Park located in San Juan County, Washington. The current GMP was prepared in 1979. This FEIS describes and analyzes three GMP alternatives that respond to both NPS planning requirements and to the public's concerns and issues, identified during the scoping and public involvement process. Each alternative presents management strategies for resource protection and preservation, education and interpretation, visitor use and facilities, land protection and boundaries, and long-term operations and management of the park. The potential environmental consequences of all the alternatives, and mitigation strategies, are identified and analyzed in the FEIS. In addition to a ``no-action'' alternative, an ``environmentally preferred'' alternative is identified. Proposed Plan and Alternatives: Alternative A constitutes the ``no- action'' alternative and assumes a continuation of existing management and trends at San Juan Island National Historical Park. The primary emphasis in current management is placed on the protection and preservation of cultural resources. Since 1966, the park has been listed in the National Register of Historic Places and is a National Historic Landmark. The management of cultural landscapes around the immediate encampment areas at American Camp and English Camp would continue to emphasize cultural landscape management while respecting the natural environment and natural processes. No new construction would be authorized. Alternative B would increase visitor opportunities and outreach at both English Camp and American Camp, as well as in the town of Friday Harbor through additional visitor facilities, recreational opportunities, programs, and services. Natural and cultural resources interpretation would be enhanced through more extensive facilities and programs. At English Camp, the road system would be reconfigured as a one-way loop road by connecting a road segment approximately one-fifth mile long from the entrance road to the administrative road. The road would follow the existing historic road alignment where possible. The Crook house would be rehabilitated as a visitor contact facility on the ground floor and for administrative use on the second floor. At American Camp, the 1979 double-wide trailer that serves as the temporary visitor center at American Camp would be removed, the site restored to natural conditions, and a new enlarged visitor center would be constructed north of the redoubt. The new visitor center would include space for a collections study room for natural and cultural resource items, including a portion of the military-era collections. The existing road to the redoubt off Pickett's Lane would be removed and converted to a trail. The cultural landscapes would be enhanced to aid visitor understanding and interpretation through a variety of techniques. The prairie would be restored to native plant species. Off- island interpretation would be enhanced through partnerships. The park would propose boundary adjustments at both sites to include important natural and cultural resources related to the purpose of the park. Alternative C is the agency-preferred alternative as it would broaden the scope of resource management and interpretation programs to emphasize connections and interrelationships between the park's natural and cultural resources. New facilities, trails and programs provide opportunities for visitors to understand the importance of the park's natural resources in defining the cultural landscapes and influencing the settlement and historic events of San Juan Island. At English Camp, the Crook house would be retained, stabilized, and used as an exterior exhibit while the hospital would be rehabilitated and opened to the public for interpretation. The 1979 double-wide trailer that serves as the temporary visitor center at American Camp would be removed and replaced with a permanent, enlarged visitor center at the existing site, allowing for improved exhibits and staff space. A collections study room for natural and cultural resource items, including a portion of the military-era collections would be relocated to the park. Additional buildings would be open to the public for interpretation as well as research and academic study. As in Alternative B, the existing road to the redoubt would be removed and converted to a trail and the prairie would be restored to native plant species. Historic buildings from the encampment period still existing on the island would be repatriated back to their original locations within the camps. Off-island interpretation would be enhanced through partnerships. Finally, the park would also propose adjusting the boundary at both sites to include important natural and cultural resources related to the purpose of the park. Alternative C is deemed to be the ``environmentally preferred'' alternative.

Stagecoach Group PLC (Stagecoach), a noncarrier, its noncarrier intermediate subsidiaries (Stagecoach Transport Holdings plc, SCUSI Ltd., Coach USA Administration, Inc.), Coach USA, Inc. (Coach USA), and ASTI, Inc. d/b/a Coach USA (ASTI), a motor passenger carrier (MC-252353) controlled by Coach USA (collectively, applicants), have filed an application under 49 U.S.C. 14303 for acquisition and operation of certain assets of New Today Bus Corp. (MC- 651183) and New Today Bus, Inc. (MC-657415) (collectively, New Today). Upon acquisition, New Today will cease operations and ASTI will assume such operations. The Board has tentatively approved the transaction, and if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules under 49 CFR 1182.5 and 1182.8.

The Department of Commerce (DOC), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision for the Avalanche Hazard Reduction by Burlington Northern Santa Fe Railway (BNSF) in Glacier National Park (GNP) and Flathead National Forest, Montana, Final Environmental Impact Statement. On September 12, 2008, the Regional Director, Intermountain Region approved the Record of Decision. As soon as practicable, the National Park Service will begin to implement the Preferred Alternative contained in the FEIS issued on August 2, 2008. Four alternatives were analyzed and Alternative B was identified as the preferred which will include the following actions: GNP will issue a special use permit to BNSF for non-explosive snow stability testing, installation of a weather station and other avalanche forecasting equipment and detection devices in the Middle Fork area within the park. All installations will be painted to blend in and reduce their visibility. GNP will not permit the use of explosives for avalanche hazard reduction within the park except during emergency extenuating circumstances after all other options, including railroad delays, have been exercised. GNP recommends that BNSF build snowsheds in areas of the John Stevens Canyon that currently do not have them. GNP also recommends that BNSF lengthen existing snowsheds that do not provide sufficient protection from avalanche activity. In the event that BNSF constructs snowsheds, GNP recommends that wildlife crossings be incorporated into the structures where appropriate. Wildlife specialists from GNP, FNF and the USFWS will work closely with BNSF to assist with this effort. GNP also recommends that BNSF design historically compatible extensions on the existing historic snowsheds. Cultural Resource Specialists from both GNP and FNF will assist with this effort. Other alternatives analyzed were: (1) No ActionBNSF would continue to use avalanche forecasting, travel restrictions, and delays to protect employees, freight, equipment and Amtrak passengers; (2) Alternative C-GNP would permit explosive use for up to ten years for avalanche hazard reduction after a commitment from BNSF to build snowsheds and fund a 15 year resource monitoring program; and (3) Alternative D-GNP would permit BNSF to conduct a permanent explosive avalanche hazard reduction program using military artillery in the park. Construction of less than one mile of snowsheds offers the best avalanche protection for Amtrak passengers, BNSF employees, equipment, and freight. Explosive avalanche hazard reduction is an inappropriate use of park lands and may have unacceptable impacts on park resources and values, as defined in the 2006 NPS Management Policies. GNP along with Waterton Lakes National Park is the world's first International Peace Park, an International Biosphere Reserve, and a World Heritage Site. Three comments were received on the Final EIS supporting the preferred alternative. Over 13,000 comments were received on the Draft EIS in addition to 1,100 comments received during scoping. The public as well as other agencies and tribes were overwhelmingly in support of the preferred alternative. The Record of Decision includes a description of the decision, key actions and mitigation measures, a synopsis of other alternatives considered, the basis for the decision, findings on impairment, unacceptable impacts and appropriate use of park resources and values, a description of the environmentally preferable alternative, and an overview of public and agency involvement in the decision-making process.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to NANA Regional Corporation, Inc. The lands are in the vicinity of Ambler, Alaska, and are located in:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC70014 from Nobel Energy, Inc., for lands in Garfield County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.