Airworthiness Directives; CFM International, S. A. CFM56-5B Series Turbofan Engines
The FAA is adopting a new airworthiness directive (AD) for CFM International, S. A. CFM56-5B series turbofan engines. This AD requires reviewing exhaust gas temperature (EGT) monitoring records to determine EGT deterioration margin, and for airplanes where both engines have greater than 80[deg] centigrade (C) deterioration of EGT margin, borescope-inspecting the high-pressure compressor (HPC) of both engines. This AD also requires removing from service any engine that does not pass the borescope inspection, and if both engines pass, removing and replacing one of the engines with an engine that has 80 [deg]C or less deterioration of EGT margin. This AD also requires continuous monitoring of EGT margin on engines in service, to prevent two engines on an airplane from having greater than 80 [deg]C of deterioration of EGT margin. This AD results from an Airbus A321 airplane powered by CFM56-5B1/P turbofan engines experiencing HPC stalls during climb out after takeoff. We are issuing this AD to prevent HPC stalls, which could prevent continued safe flight or landing.
Azinphos-methyl, Disulfoton, Esfenvalerate, Ethylene oxide, Fenvalerate, et al.; Proposed Tolerance Actions
EPA is proposing to revoke certain tolerances for the fungicides prothioconazole and thiabendazole; the herbicide primisulfuron- methyl; and the insecticides azinphos-methyl, disulfoton, esfenvalerate, fenvalerate, and phosalone; the plant growth regulator 1-naphthaleneacetic acid; and the antimicrobial/insecticidal agent ethylene oxide. Also, EPA is proposing to modify certain tolerances for the insecticides disulfoton, esfenvalerate, and phosmet; and the plant growth regulator 1-naphthaleneacetic acid. In addition, EPA is proposing to establish new tolerances for the insecticides disulfoton, esfenvalerate, and phosmet; and the antimicrobial/ insecticidal agent ethylene oxide and ethylene chlorohydrin (a reaction product formed during the fumigation/sterilization process). The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).
Office of Postsecondary Education; Notice of Negotiated Rulemaking for Programs Authorized Under Title IV of the Higher Education Act of 1965, as Amended
We announce our intention to establish five negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended (HEA). Each committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder constituencies that are involved in the student financial assistance and grant programs authorized under Title IV of the HEA to serve on these committees.
National Forest System Land Management Planning; Correction
This document makes technical corrections Forest Service regulations concerning the administrative review procedures that the responsible official may use in some cases when approving plans, plan amendments, or plan revisions during the transition period for the rule. A final rule was published in volume 73 of the Federal Register, page 21468, April 21, 2008. This document makes corrections to the April 21 rule.
Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program
This document describes and seeks comment on the Commission's implementation of the Short-term Analog Flash and Emergency Readiness Act (``Analog Nightlight Act''), S. 3663, 110th Cong., as enacted December 23, 2008. The Analog Nightlight Act requires the Commission to develop and implement a program by January 15, 2009, to ``encourage and permit'' continued analog TV service for a period of thirty days after the February 17, 2009 DTV transition date, where technically feasible, to provide ``public safety information'' and ``DTV transition information.'' For consumers who are not capable of receiving digital television signals by the transition deadline, the Analog Nightlight program proposed herein will ensure that there is no interruption in the provision of critical emergency information and will provide useful information regarding the transition to help consumers establish digital service.
Records Services, Fee Schedule
The Securities and Exchange Commission (``Commission'') is soliciting comments on a proposed amendment to its regulation governing the fees for records services. The Commission's schedule of fees for records services will be updated using a formula for the calculation of fees under the Freedom of Information Act (``FOIA'') and language that directs FOIA requesters to the Commission's Web site. Using a formula, instead of set rates, will allow the Commission to charge fees that reflect its allowable direct costs.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels
NMFS announces the Limited Access General Category (LAGC) Scallop Fishery is closed to individual fishing quota (IFQ) scallop vessels as of 0001 hrs local time, December 31, 2008. This fishery will re-open on March 1, 2009. This action is based on the determination that the annual scallop total allowable catch (TAC) for LAGC IFQ scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2008 annual TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act.
Clean Air Act Prevention of Significant Deterioration (PSD) Construction Permit Program; Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program
On December 18, 2008, the Administrator issued an interpretive memorandum entitled ``EPA's Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.'' This memorandum clarifies the scope of the EPA regulation that determines the pollutants subject to the Federal PSD program under the Clean Air Act (Act). Under Title I, Part C of the Act, the PSD program preconstruction permit requirement applies to any new major stationary source or modified existing major stationary source of regulated air pollutants located in an area that is either attaining the National Ambient Air Quality Standards (NAAQS) or unclassifiable. Under the Federal PSD permitting regulations, only new or modified major sources that emit one or more ``regulated NSR pollutants,'' as that term is defined in the regulations, are subject to the requirements of the PSD program, including the requirement to install the best available control technology (BACT) for those regulated NSR pollutants that the facility has the potential to emit in significant amounts. This memorandum contains EPA's definitive interpretation of ``regulated NSR pollutant'' and is intended to resolve any ambiguity in the definition, which includes ``any pollutant that otherwise is subject to regulation under the Act.'' As of the date of the memorandum, EPA interprets this definition of ``regulated NSR pollutant'' to exclude pollutants for which EPA regulations only require monitoring or reporting but include all pollutants subject to a provision in the Act or regulation adopted by EPA under the Act that requires actual control of emissions of that pollutant.
Common Crop Insurance Regulations, Coverage Enhancement Option Provisions; Corrections
This document contains corrections to the final regulation that was published Monday, July 28, 2008 (73 FR 43607-43611). The regulation pertains to the Coverage Enhancement Option.
Drawbridge Operation Regulations; Curtis Creek in Baltimore, MD, Maintenance
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Pennington Avenue Bridge, at mile 0.9, across Curtis Creek in Baltimore, MD. Under this temporary deviation, the drawbridge may remain in the closed position on specific dates and times to facilitate electrical repairs.
Drawbridge Operation Regulations; Raritan River, Arthur Kill, and Their Tributaries, New Jersey
The Commander, First Coast Guard District, has issued a new temporary deviation from the regulation governing the operation of the Arthur Kill (AK) Railroad Bridge across Arthur Kill at mile 11.6 between Staten Island, New York and Elizabeth, New Jersey. This deviation is necessary to test a new operating rule for the bridge that will help determine the most equitable and safe solution to facilitate the present and anticipated needs of navigation and rail traffic. This deviation requires the AK Railroad Bridge to remain in the open position but allows the bridge owner/operator to schedule short bridge closure periods after first broadcasting advance notice to the marine community. This change from the previous deviation will consider the needs of navigation and allow marine interests to adjust their schedules around the bridge closure periods.
Qualification and Certification of Locomotive Engineers; Miscellaneous Revisions
FRA proposes revisions to its regulation governing the qualification and certification of locomotive engineers by prohibiting a railroad from reclassifying a person's locomotive engineer certificate to that of a more restrictive class during the period in which the certificate is otherwise valid while permitting the railroad to place restrictions on the locomotive engineer if appropriate. FRA also proposes to clarify that revocation of an engineer's certificate may only occur for the reasons specified in the regulation. Additionally, FRA proposes provisions that would require each railroad to identify the actions it will take in the event that a person fails a skills performance test or the railroad finds deficiencies with an engineer's performance during an operational monitoring observation or unannounced compliance test. These proposals will address unanticipated consequences arising from reclassifications and clarify the grounds upon which a railroad may revoke a locomotive engineer's certification.
Standards for Mortgagor's Investment in Mortgaged Property: Compliance With Court Order Vacating Final Rule
This final rule complies with a court order to vacate HUD's rule entitled ``Standards for Mortgagor's Investment in Mortgaged Property'' published on October 1, 2007.
Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2009; E-Prescribing Exemption for Computer Generated Facsimile Transmissions; Corrections
This document corrects several technical and typographical errors in the final rule with comment period that appeared in the November 19, 2008 Federal Register entitled ``Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2009; E-Prescribing Exemption for Computer-Generated Facsimile Transmissions; and Payment for Certain Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS); Final Rule'' (73 FR 69726).
Fisheries of the Exclusive Economic Zone Off Alaska; Revised Management Authority for Dark Rockfish in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska
NMFS issues a final rule that implements Amendment 73 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 77 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively, Amendments 73/77). Amendments 73/77 remove dark rockfish (Sebastes ciliatus) from both fishery management plans (FMPs). The State of Alaska (State) will assume management of dark rockfish catch by State-permitted vessels in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska, in addition to its existing authority in State waters. This action is necessary to allow the State to implement more responsive, regionally based management of dark rockfish than is currently possible under the FMPs. This action will improve conservation and management of dark rockfish and promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMPs, and other applicable laws.
2, 4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate, Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos, Tetrachlorvinphos, and Triallate; Technical Amendment
EPA issued a final rule in the Federal Register of September 17, 2008, concerning the modification of certain tolerances for a number of pesticides including the herbicides DCPA and sethoxydim as a follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA). This document corrects clerical errors made in the final rule.
Television Broadcasting Services; Columbus, GA
The Commission grants a petition for rulemaking filed by WTVM License Subsidiary, LLC, the permittee of post-transition station WTVM- DT, to substitute DTV channel 11 for post-transition DTV channel 9 at Columbus, Georgia.
Television Broadcasting Services; Augusta, GA
The Commission grants a petition for rulemaking filed by Media Holdings, Inc., permittee of station WFXG-DT, to substitute DTV channel 31 for its assigned post-transition DTV channel 51 at Augusta, Georgia.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures
NMFS proposes a rule to set the 2009-2010 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California and to revise rebuilding plans for four of the seven overfished rockfish species, consistent with the Mangunson-Stevens Fishery Conservation and Management Act and the Pacific Coast Groundfish Fishery Management Plan. Together, the revisions to rebuilding plans and the 2007-2008 harvest specifications and management measures are intended to rebuild overfished stocks as soon as possible, taking into account the status and biology of the stocks, the needs of fishing communities, and the interaction of the overfished stocks within the marine environment.
Refuge Alternatives for Underground Coal Mines
The final rule establishes the Mine Safety and Health Administration's (MSHA) requirements for refuge alternatives in underground coal mines and the training of miners in their use. It includes testing and approval requirements. The final rule implements section 13 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. Consistent with the MINER Act, it includes MSHA's response to the National Institute for Occupational Safety and Health (NIOSH) Report on Refuge Alternatives.
Flame-Resistant Conveyor Belt, Fire Prevention and Detection, and Use of Air From the Belt Entry
This final rule addresses the recommendations of the Technical Study Panel (Panel) on the Utilization of Belt Air and the Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining. The Panel was established under Section 11 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. The final rule is consistent with the Panel's recommendations and includes requirements for: Flame-resistant conveyor belts; training Atmospheric Monitoring System operators; levels of respirable dust in belt entries; airlocks along escapeways; minimum and maximum air velocities; approval for the use of air from the belt entry to ventilate working sections; monitoring point-feed regulators; smoke sensors; standardized tactile signals on lifelines; replacing point-type heat sensors with carbon monoxide sensors; and belt conveyor and belt entry maintenance.
Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil
The Coast Guard is amending the vessel response plan salvage and marine firefighting requirements for tank vessels carrying oil. These revisions clarify the salvage and marine firefighting services that must be identified in vessel response plans and set new response time requirements for each of the required salvage and marine firefighting services. The changes ensure that the appropriate salvage and marine firefighting resources are identified and available for responding to incidents up to and including the worst case discharge scenario.
TRICARE; Hospital-Based Psychiatric Partial Hospitalization Programs
This proposed rule will provide that TRICARE approval of a hospital is sufficient for its psychiatric partial hospitalization program (PHP) to be an authorized TRICARE provider. Upon implementation of this provision, separate TRICARE certification of hospital-based psychiatric PHPs would no longer be required. This rule will establish uniform requirements for recognizing a hospital-based PHP as an authorized TRICARE provider.
Television Broadcasting Services; Huntsville, AL
The Commission grants a petition for rulemaking filed by Local TV Alabama License, LLC (``Local TV''), the licensee of station WHNT- DT, to substitute DTV channel 46 for its assigned post-transition DTV channel 19 at Huntsville, Alabama.
Increase in Rates Payable Under the Survivors' and Dependents' Educational Assistance Program and Other Miscellaneous Issues
This document amends Department of Veterans Affairs (VA) regulations to reflect increases effective for fiscal years 2005, 2006, 2007, 2008, and 2009, respectively, in the monthly rates payable under the Survivors' and Dependents' Educational Assistance (DEA) program in accordance with statutory requirements and previously established formulas; a change in the formula used to calculate entitlement charges for individuals pursuing apprenticeship or other on-job training in accordance with the Veterans Benefits Improvement Act of 2004; and nonsubstantive changes for the purpose of clarity and to reflect agency organization.
Notice 2008-14; Repeal of Increased Contribution and Coordinated Party Expenditure Limits for Candidates Opposing Self-Financed Candidates
The Federal Election Commission (``Commission'') is removing its rules on increased contribution limits and coordinated party expenditure limits for Senate and House of Representatives candidates facing self-financed opponents. These rules were promulgated to implement sections 304 and 319 of the Bipartisan Campaign Reform Act of 2002, known as the ``Millionaires' Amendment.'' In Davis v. Federal Election Commission, the Supreme Court held that sections 319(a) and (b), regarding House of Representatives elections, were unconstitutional. The Court's analysis also applies to the contribution and spending limits in section 304 regarding Senate elections. The Commission, therefore, is removing its rules that implement the Millionaires' Amendment. However, the Commission is retaining certain other rules that were not affected by the Davis decision. Further information is provided in the supplementary information that follows.
Television Broadcasting Services; Superior, NE
The Commission grants a petition for rulemaking filed by Colins Broadcasting Corporation, the permittee of station KSNB-DT, to substitute DTV channel 4 for its assigned post-transition DTV channel 34 at Superior, Nebraska.
Television Broadcasting Services; Santa Ana, CA
The Commission requests comments on a channel substitution proposed by Trinity Christian Center of Santa Ana, Inc., d/b/a Trinity Broadcasting Network (``Trinity''), the licensee of KTBN-DT, post- transition DTV channel 23, Santa Ana, California. Trinity requests the substitution of DTV channel 33 for post-transition DTV channel 23 at Santa Ana.
Marine Recreational Fisheries of the United States; National Saltwater Angler Registry Program
NMFS issues this final rule to adopt regulations to implement the Magnuson-Stevens Fishery Conservation and Management Act (MSA).The regulations establish a national registry of recreational anglers fishing in the Exclusive Economic Zone (EEZ), for anadromous species in tidal waters or for Continental Shelf fishery resources beyond the EEZ. Persons will not be required to register with NMFS if they are licensed by a state that provides data determined to be sufficient for the agency's needs. The requirement is intended to improve existing angling effort surveys in order to improve their efficiency, to reduce possible sources of bias and to improve confidence in survey results by anglers and fishery managers.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands and Gulf of Alaska License Limitation Program
NMFS proposes regulations to implement Amendment 92 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 82 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed action would remove trawl gear endorsements on licenses issued under the license limitation program in specific management areas if those licenses have not been used on vessels that met minimum recent landing requirements using trawl gear. This proposed action would provide exemptions to this requirement for licenses that are used in trawl fisheries subject to certain limited access privilege programs. This proposed action would issue new area endorsements for trawl catcher vessel licenses in the Aleutian Islands if minimum recent landing requirements in the Aleutian Islands were met. This proposed action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.
Drawbridge Operation Regulation; Intracoastal Waterway (ICW), Barnegat Bay, Seaside Heights, NJ
The Coast Guard is changing the drawbridge operation regulations of the S37 Bridge, at ICW mile 14.1, across Barnegat Bay at Seaside Heights, NJ. The final rule will allow the drawbridge to operate on an advance notice basis during specific times of the year. This change will result in more efficient use of the bridge during months of infrequent transit.
Methods for Computing Withdrawal Liability; Reallocation Liability Upon Mass Withdrawal; Pension Protection Act of 2006
This final rule amends PBGC's regulation on Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR part 4211) to implement provisions of the Pension Protection Act of 2006 that provide for changes in the allocation of unfunded vested benefits to withdrawing employers from a multiemployer pension plan, and that require adjustments in determining an employer's withdrawal liability when a multiemployer plan is in critical status. Pursuant to PBGC's authority under section 4211(c)(5) of ERISA to prescribe standard approaches for alternative withdrawal liability methods, the final rule also amends this regulation to provide additional modifications to the statutory methods for determining an employer's allocable share of unfunded vested benefits. In addition, pursuant to PBGC's authority under section 4219(c)(1)(D) of ERISA, this final rule amends PBGC's regulation on Notice, Collection, and Redetermination of Withdrawal Liability (29 CFR part 4219) to improve the process of fully allocating a plan's total unfunded vested benefits among all liable employers in a mass withdrawal. Finally, this final rule amends PBGC's regulation on Terminology (29 CFR part 4001) to reflect the definition of a ``multiemployer plan'' added by the Pension Protection Act of 2006.
Medicare Program; Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates; Payments for Graduate Medical Education in Certain Emergency Situations; Changes to Disclosure of Physician Ownership in Hospitals and Physician Self-Referral Rules; Updates to the Long-Term Care Prospective Payment System; Updates to Certain IPPS-Excluded Hospitals; and Collection of Information Regarding Financial Relationships Between Hospitals; Correction
This document corrects errors that appeared in the correction notice published in the October 3, 2008 Federal Register entitled ``Medicare Program; Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2009 Rates; Payments for Graduate Medical Education in Certain Emergency Situations; Changes to Disclosure of Physician Ownership in Hospitals and Physician Self- Referral Rules; Updates to the Long-Term Care Prospective Payment System; Updates to Certain IPPS-Excluded Hospitals; and Collection of Information Regarding Financial Relationships Between Hospitals; Correction.''
Possible Revision or Elimination of Rules
This document invites members of the public to comment on the Federal Communication Commission's (FCC's or Commission's) rules to be reviewed pursuant to section 610 of the Regulatory Flexibility Act of 1980, as amended (RFA). The purpose of the review is to determine whether Commission rules whose ten-year anniversary dates are in the year 2007, as contained in the Appendix, should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s).
Television Broadcasting Services; Omaha, NE
The Commission grants a petition for rulemaking filed by Mitts Telecasting Company, licensee of station KXVO-DT, to substitute DTV channel 38 for its assigned post-transition DTV channel 15 at Omaha, Nebraska.
Delegation of Authority and Change in Position Title
The Commodity Futures Trading Commission (``Commission'') is amending certain provisions of its part 140 regulations to add the Chief Economist and the Deputy Chief Economist of the Office of the Chief Economist as persons to whom certain authorities are delegated. The Commission is also amending part 140 to reflect a change in position title from ``Regional Coordinators'' to ``Regional Administrators.''
Telecommunications Relay Services, Speech-to-Speech Services, E911 Requirements for IP-Enabled Service Providers
The Commission addressed several issues relating to the Commission's Internet-based TRS Order, which adopted a system to assign users of Internet-based Telecommunications Relay Service (TRS), specifically Video Relay Service (VRS) and Internet-Protocol (IP) Relay, ten-digit numbers linked to the North American Numbering Plan (NANP).
America's Marine Highway Program: Stay of Effectiveness
On October 9, 2008, this rulemaking was initially published. This rulemaking requires congressional review. Therefore, the Maritime Administration must stay the effectiveness of the regulations. The stay does not otherwise change the October 9, 2008, rulemaking specifically soliciting Marine Highway Corridor Recommendations and public comment on the proposed America's Marine Highways Program.
Energy Conservation Standards for Small Electric Motors: Public Meeting and Availability of the Preliminary Technical Support Document
The Department of Energy (DOE) will hold an informal public meeting to discuss and receive comments on the equipment classes that DOE plans to analyze for purposes of establishing energy conservation standards for small electric motors; the analytical framework, models, and tools that DOE is using to evaluate standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. Also, DOE encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared an agenda, a preliminary Technical Support Document (preliminary TSD), and briefing materials, which are available at: http://www1.eere.energy.gov/ buildings/appliancestandards/commercial/smallelectricmotors.h tml.
Revisions to the Clean Water Act Regulatory Definition of “Discharge of Dredged Material”; Final Rule
The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (together, the ``Agencies'') are promulgating a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term ``discharge of dredged material.'' This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the ``Tulloch II'' rule). This final rule responds to the court decision by deleting language from the regulation that was invalidated.
Nebraska: Final Authorization of State Hazardous Waste Management Program Revisions
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the EPA to authorize States to operate their hazardous waste management programs in lieu of the Federal program. Nebraska has applied to EPA for final authorization of the changes to its hazardous waste program under RCRA. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through this immediate final rule.
Nebraska: Final Authorization of State Hazardous Waste Management Program Revisions
Nebraska has applied to EPA for final authorization for the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Nebraska.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Royalty Judges, on behalf of the Copyright Royalty Board, are proposing to revise its interim regulations for filing notice of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act.
Food Stamp Program: Revisions to Bonding Requirements for Violating Retail and Wholesale Food Concerns
This action provides final rulemaking for a proposed rule. It revises the current bonding requirements imposed against participating retailers and wholesalers who have violated the Food Stamp Program rules and regulations. Currently, all violating retailers and wholesalers that are disqualified for a specified period of time or have a civil money penalty imposed in lieu of a disqualification for a specified period of time are required to submit a valid collateral bond, usually on an annual basis, if they wish to continue to participate in the Food Stamp Program. Over the years, securing a collateral bond has become increasingly more difficult for retailers and wholesalers. Thus, this final rule revises the current requirement in order to help alleviate the financial burden to those retailers and wholesalers who are required to submit such a bond and also to reduce the recordkeeping burden with respect to the FNS field offices which have to keep track of the expirations and renewals of these bonds. This final rule also places in the Food Stamp Program regulations the longstanding policy FNS has adopted to accept irrevocable letters of credit (LOC) in lieu of collateral bonds. Lastly, this rule establishes a specified period of time for retailers and wholesalers to be removed from the program for accepting food stamp benefits in payment for eligible food on credit, a violation of the Food Stamp Program regulations.
Promotion of a More Efficient Capacity Release Market
The Federal Regulatory Commission (FERC) is correcting a final rule that appeared in the Federal Register of December 1, 2008 (73 FR 72692). The document revised regulations governing interstate natural gas pipelines to reflect changes in the market for short-term transportation services on pipelines and to improve the efficiency of the Commission's capacity release program.
Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Hamilton Avenue Bridge across the Gowanus Canal, mile 1.2, at Brooklyn, New York. Under this temporary deviation the bridge shall require a four-hour advance notice for bridge openings for three months to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.
Safety Zone; Flagler Museum New Year's Eve Celebration Fireworks Display, West Palm Beach, FL
The Coast Guard is establishing a temporary safety zone for the Flagler Museum New Year's Eve Celebration fireworks display on the Intracoastal Waterway in West Palm Beach, Florida. This temporary safety zone will restrict vessels from interfering with the fireworks display. This regulation is necessary to provide for the safety of life on navigable waters of the United States and protect participants, spectators, and mariner traffic from potential hazards associated with the event.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning
This action extends a temporary final rule initially published on October 18, 2005. The regulations contained in the temporary rule, emergency action, published on October 18, 2005, and subsequently extended several times at the request of the U.S. Food and Drug Administration (FDA), will expire on December 31, 2008. This temporary rule extends a closure of Federal waters through December 31, 2009. The FDA has determined that current oceanographic conditions and alga sampling data suggest that the northern section of the Temporary Paralytic Shellfish Poison (PSP) Closure Area remain closed to the harvest of bivalve molluscan shellfish, with the exception of sea scallop adductor muscles harvested and shucked at sea, and that the southern area remain closed to the harvest of whole or roe-on scallops. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times, so that the public is aware of the regulations being extended through December 31, 2009.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Total Allowable Catch Harvested for Management Area 1B
NMFS announces that, effective 0001 hours, December 24, 2008, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Management Area 1B (Area 1B) per trip or calendar day until January 1, 2009, when the 2009 TAC becomes available, except for transiting purposes as described in this notice. This action is based on the determination that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Area 1B for 2008 is projected to be harvested. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that no TAC is available for the directed fishery for Atlantic herring harvested from Area 1B.
Approval and Promulgation of State Implementation Plans: Oregon; Salem Carbon Monoxide Nonattainment Area; Designation of Areas for Air Quality Planning Purposes
EPA is taking direct final action to approve a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of Oregon. On August 9, 2007 the State of Oregon submitted a request to EPA that the Salem carbon monoxide (CO) nonattainment area be redesignated to attainment for the CO National Ambient Air Quality Standard (NAAQS) and concurrently submitted a maintenance plan that provides for continued attainment of the CO NAAQS. The Salem CO nonattainment area has not violated the 8-hour CO NAAQS since 1985.