The Federal Register

Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments

Fri, Dec 5 2008 11:00:00 GMT

The Environmental Protection Agency (EPA or the Agency) is amending the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements for those facility owners or operators subject to the rule, which should result in greater protection to human health and the environment. Specifically, this final rule: Exempts hotmix asphalt (HMA), pesticide application equipment and related mix containers, and heating oil containers at singlefamily residences from the SPCC rule; amends the definition of ``facility'' to clarify the existing flexibility associated with describing a facility's boundaries; amends the facility diagram requirement to provide additional flexibility; defines ``loading/unloading rack'' to clarify the equipment subject to the provisions for facility tank car and tank truck loading/unloading racks, as well as amends the provisions for this equipment; provides

Use of Bureau of Reclamation Land, Facilities, and Waterbodies

Fri, Dec 5 2008 11:00:00 GMT

The Bureau of Reclamation (Reclamation) is adopting this final rule on the use of Reclamation land, facilities, and waterbodies. This final rule addresses activities involving the possession or occupancy of any portion of, and the extraction or disturbance of any natural resources from, Reclamation land, facilities, and waterbodies. This final rule supersedes the current rule which was originally published in 1983 and partially revised in April 2006.

Employment Standards Administration

Fri, Dec 5 2008 11:00:00 GMT

The Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment & Training Administration (ETA) has been reengineering several of its programs, including the H2A foreign agricultural worker labor certification program. The Wage and Hour Division (WHD) of the Employment Standards Administration (ESA) has been amending contractual obligations applicable to employers of workers subject to Section 218 of the Immigration and Nationality Act (INA). The Department published a Notice of Proposed Rulemaking (NPRM) to redesign the H2A agricultural labor certification program on February 13, 2008. The Department is currently reviewing public comments on this proposed rule and intends to publish final regulations before the end of the calendar year. In addition, the Department of Homeland Security (DHS) has published an NPRM to amend its H2A regulations and intends to publish a final rule before the end of the calendar year as well.

Pursuant to the Department of Labor final rul

The Family and Medical Leave Act of 1993

Mon, Nov 17 2008 11:00:00 GMT

This document provides the text of final regulations implementing the Family and Medical Leave Act of 1993 (``FMLA''), the law that provides eligible employees who work for covered employers the right to take jobprotected, unpaid leave for absences due to the birth of the employee's son or daughter and to care for the newborn child; because of the placement of a son or daughter with the employee for adoption or foster care; in order to care for a son, daughter, spouse, or parent with a serious health condition; or because of the employee's own serious health condition that makes the employee unable to perform the functions of his or her job. The final regulations also address new military family leave entitlements included in amendments to the FMLA enacted as part of the National Defense Authorization Act for FY 2008, which provide additional jobprotected leave rights to eligible employees of covered employers who provide care for covered servicemembers with a serious injury or illness and beca

Publication of State Plan Pursuant to the Help America Vote Act

Mon, Nov 17 2008 11:00:00 GMT

Pursuant to sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107252, 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.

Real Estate Settlement Procedures Act (RESPA): Rule To Simplify and Improve the Process of Obtaining Mortgages and

Mon, Nov 17 2008 11:00:00 GMT

This final rule amends HUD's regulations to further RESPA's purposes by requiring more timely and effective disclosures related to mortgage settlement costs for federally related mortgage loans to consumers. The changes made by this final rule are designed to protect consumers from unnecessarily high settlement costs by taking steps to: improve and standardize the Good Faith Estimate (GFE) form to make it easier to use for shopping among settlement service providers; ensure that page 1 of the GFE provides a clear summary of the loan terms and total settlement charges so that borrowers will be able to use the GFE to identify a particular loan product and comparison shop among loan originators; provide more accurate estimates of costs of settlement services shown on the GFE; improve disclosure of yield spread premiums (YSPs) to help borrowers understand how YSPs can affect borrowers' settlement charges; facilitate comparison of the GFE and the HUD1/HUD 1A Settlement Statements; ensure that at sett

Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and

Mon, Oct 20 2008 11:00:00 GMT

In this proposed rule, the Department of Labor (Department or DOL) proposes to revise regulations issued pursuant to the DavisBacon and Related Acts and the Copeland AntiKickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.

National Emission Standards for Halogenated Solvent Cleaning

Mon, Oct 20 2008 11:00:00 GMT

On May 3, 2007, EPA promulgated the final rule titled: National Air Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning (the Halogenated Solvent Cleaning rule) pursuant to sections 112(d)(6) and 112(f) of the Clean Air Act. The Halogenated Solvent Cleaning rule set facilitywide emission limits for certain halogenated solvent cleaning machines and a May 3, 2010, compliance deadline.

Following promulgation of the Halogenated Solvent Cleaning rule, the Administrator received several petitions for reconsideration, pursuant to Clean Air Act section 307(d)(7)(B). The purpose of this notice is to initiate a process for responding to certain issues raised in the petitions. We are requesting comment on the particular issues for which we are granting reconsideration, and those issues are identified, in detail, below. Specifically, we are requesting comment on the revised risk assessment, our use of the 2002 National Emissions Inventory data in lieu of the 1999 National Emiss

DEPARTMENT OF LABOR

Mon, Oct 20 2008 11:00:00 GMT

This document contains final rules for group health plans and health insurance issuers concerning hospital lengths of stay for mothers and newborns following childbirth, pursuant to the Newborns' and Mothers' Health Protection Act of 1996 and the Taxpayer Relief Act of 1997.

Updating Regulations Issued Under the Fair Labor Standards Act

Fri, Aug 22 2008 11:00:00 GMT

This document extends the period for filing written comments for an additional 15 days on proposed revisions to regulations issued under the Fair Labor Standards Act of 1938 (FLSA) and the Portalto Portal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation or court decisions. The Department of Labor is taking this action in order to provide interested parties additional time to submit comments.

Health Insurance Reform; Modifications to the Health Insurance Portability and Accountability Act (HIPAA) Electronic

Fri, Aug 22 2008 11:00:00 GMT

This rule proposes to adopt updated versions of the standards for electronic transactions originally adopted in the regulations entitled, ``Health Insurance Reform: Standards for Electronic Transactions,'' published in the Federal Register on August 17, 2000, which implemented some of the requirements of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These standards were modified in our rule entitled, ``Health Insurance Reform: Modifications to Electronic Data Transaction Standards and Code Sets,'' published in the Federal Register on February 20, 2003. This rule also proposes the adoption of a transaction standard for Medicaid Pharmacy Subrogation. In addition, this rule proposes to adopt two standards for billing retail pharmacy supplies and professional services, and to clarify who the ``senders'' and ``receivers'' are in the descriptions of certain transactions.

HIPAA Administrative Simplification: Modification to Medical Data Code Set Standards To Adopt ICD-10-CM and

Fri, Aug 22 2008 11:00:00 GMT

This proposed rule would modify two of the medical data code set standards adopted in the Transactions and Code Sets final rule published in the Federal Register. It would also implement certain provisions of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Specifically, the proposed rule would modify the standard code sets for coding diagnoses and inpatient hospital procedures by concurrently adopting the International Classification of Diseases, Tenth Revision, Clinical Modification (ICD10CM) for diagnosis coding, and the International Classification of Diseases, Tenth Revision, Procedure Coding System (ICD10PCS) for inpatient hospital procedure coding. These new codes would replace the International Classification of Diseases, Ninth Revision, Clinical Modification (ICD9CM) Volumes 1 and 2, and the International Classification of Diseases, Ninth Revision, Clinical Modification (CM) Volume 3 for diagnosis and procedure code

United States v. UnitedHealth Group Incorporated; Response to Public Comments on the Proposed Final Judgment

Fri, Aug 22 2008 11:00:00 GMT

Pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)(h), the United States hereby publishes the public comments received on the proposed Final Judgment in United States v. UnitedHealth Group Incorporated, Civil Action No. 1:08cv322, and the response to the comments. On February 25, 2008, the United States filed a Complaint alleging that the merger of UnitedHealth Group Incorporated (``United'') and Sierra Health Services, Inc. (``Sierra'') violated Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed on February 25, 2008, requires the combined company to divest United's individual Medicare Advantage line of business in the Las Vegas, Nevada area. Public comment was invited within the statutory 60day comment period. Copies of the Complaint, proposed Final Judgment, Competitive Impact Statement, Public Comments, the United States' Response to the Comments, and other papers are currently available for inspection in Department of Justice, Antitrust D

Investment Advice--Participants and Beneficiaries

Fri, Aug 22 2008 11:00:00 GMT

This document contains proposed regulations implementing the provisions of the statutory exemption set forth in sections 408(b)(14) and 408(g) of the Employee Retirement Income Security Act, as amended (ERISA or the Act), and parallel provisions in the Internal Revenue Code of 1986, as amended (Code), relating to the provision of investment advice described in the Act by a fiduciary adviser to participants and beneficiaries in participantdirected individual account plans, such as 401(k) plans, and beneficiaries of individual retirement accounts (and certain similar plans). Section 408(b)(14) provides an exemption from certain prohibited transaction provisions in ERISA with respect to the provision of investment advice, the investment transaction entered into pursuant to the advice, and the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate in connection with the provision of advice or the transaction pursuant to the advice. Section 408(g) describe

Proposed Class Exemption for the Provision of Investment Advice to Participants and Beneficiaries of Self-Directed

Fri, Aug 22 2008 11:00:00 GMT

This document contains a notice of pendency before the Department of Labor (Department) of a proposed class exemption from certain prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended (ERISA, or the Act), and from certain taxes imposed by the Internal Revenue Code of 1986, as amended (Code). If granted, the proposed exemption would permit the provision of investment advice described in section 3(21)(A)(ii) of the Act by a fiduciary adviser to a participant or beneficiary in an individual account plan or individual retirement accounts (and certain similar plans), the acquisition, holding or sale of a security or other property pursuant to the investment advice, and the direct or indirect receipt of fees or other compensation by the fiduciary adviser (or any employee, agent, registered representative or affiliate thereof) in connection with such transactions. The proposed exemption, if granted, would affect sponsors, fiduciaries, participants and

Updating Regulations Issued Under the Fair Labor Standards Act

Mon, Jul 28 2008 11:00:00 GMT

In this proposed rule, the Department of Labor (Department or DOL) proposes to revise regulations issued pursuant to the Fair Labor Standards Act of 1938 (FLSA) and the PortaltoPortal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation or court decisions. These proposed revisions will conform the regulations to FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996.

Mon, Jul 28 2008 11:00:00 GMT

___________________________________________________________________ Title 3--
The President
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Executive Order 13468 of July 24, 2008
2008 Amendments to the Manual for Courts-Martial, United States
By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Section 1. Parts II and IV of the Manual for Courts- Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 2. These amendments shall take effect 30 days from the date of this order.
(a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed.

(Presidential Sig.)
THE WHITE HOUSE,
July 24, 2008.
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[FR Doc. 08-1472 Filed 07-25-08; 9:02 am]
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Employment Standards Administration

Thu, Mar 27 2008 11:00:00 GMT

The Employment and Training Administration and the Employment Standards Administration recently issued a proposed rule to modernize the application process for and enforcement of temporary alien agricultural (H2A) labor certifications. 73 FR 8538 (Feb. 13, 2008). The proposed rule provided a comment period through March 31, 2008. The agencies have received several requests to extend the comment period and have decided to extend the comment period through April 14, 2008.

National Ambient Air Quality Standards for Ozone

Thu, Mar 27 2008 11:00:00 GMT

Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O3, EPA is making revisions to the primary and secondary NAAQS for O3 to provide requisite protection of public health and welfare, respectively. With regard to the primary standard for O3, EPA is revising the level of the 8hour standard to 0.075 parts per million (ppm), expressed to three decimal places. With regard to the secondary standard for O3, EPA is revising the current 8 hour standard by making it identical to the revised primary standard. EPA is also making conforming changes to the Air Quality Index (AQI) for O3, setting an AQI value of 100 equal to 0.075 ppm, 8 hour average, and making proportional changes to the AQI values of 50, 150 and 200.

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Berberis nevinii (Nevin's

Wed, Feb 13 2008 11:00:00 GMT

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Berberis nevinii (Nevin's barberry) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 6 acres (ac) (3 hectares (ha)) in Riverside County, California, fall within the boundaries of the final critical habitat designation.

Railroad Operating Rules: Program of Operational Tests and Inspections; Railroad Operating Practices: Handling

Wed, Feb 13 2008 11:00:00 GMT

Human factors are the leading cause of train accidents, accounting for 38 percent of the total in 2005. Human factors also contribute to employee injuries. This final rule establishes greater accountability on the part of railroad management for administration of railroad programs of operational tests and inspections, and greater accountability on the part of railroad supervisors and employees for compliance with those railroad operating rules that are responsible for approximately half of the train accidents related to human factors. Additionally, this final rule will supplant Emergency Order 24, which requires special handling, instruction and testing of railroad operating rules pertaining to handoperated main track switches in non signaled territory. Finally, an appendix has been added to 49 CFR part 218 to provide guidance for remote control locomotive operations that utilize technology in aiding point protection.

Revision of Fee Schedules; Fee Recovery for FY 2008

Wed, Feb 13 2008 11:00:00 GMT

The Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2008, less the amounts appropriated from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. Based on the Consolidated Appropriations Act, 2008 (Pub. L. 110161), signed by the President on December 26, 2007, the NRC's required fee recovery amount for the FY 2008 budget is approximately $779.1 million. After accounting for carryover and billing adjustments, the total amount to be billed as fees is approximately $760.7 million.

Wage and Hour Division

Wed, Feb 13 2008 11:00:00 GMT

The Department of Labor (the Department or DOL) is proposing to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This notice of proposed rulemaking (NPRM or proposed rule) would reengineer the process by which employers may obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H2A (agricultural temporary worker) status. Reengineering measures focus on the utilization of an attestationbased application process after an employer conducts prefiling recruitment and the elimination of duplicative activities currently performed by the State Workforce Agencies (SWAs). In concert with these changes, the Department proposes to amend the wage and hour regulations to provide for enhanced enfor

Endangered and Threatened Species: Final Threatened Listing Determination, Final Protective Regulations, and Final

Mon, Feb 11 2008 11:00:00 GMT

We are issuing a final determination to list the Oregon Coast coho salmon (Oncorhynchus kisutch) evolutionarily significant unit (ESU) as a threatened species under the Endangered Species Act (ESA). We are also issuing final protective regulations and a final critical habitat designation for the Oregon Coast coho ESU.

Wage and Hour Division

Mon, Feb 11 2008 11:00:00 GMT

The Department of Labor's Employment Standards Administration/ Wage and Hour Division proposes to revise certain regulations implementing the Family and Medical Leave Act of 1993 (``FMLA''), the law that provides eligible workers with important rights to job protection for absences due to the birth or adoption of a child or for a serious health condition of the worker or a qualifying family member. The proposed changes are based on the Department's experience of nearly fifteen years administering the law, two previous Department of Labor studies of the FMLA in 1996 and 2001, several U.S. Supreme Court and lower court rulings, and the public comments received in response to a Request for Information (``RFI'') published in the Federal Register in December 2006 requesting information about experiences with the FMLA and comments on the effectiveness of these regulations.

The Department is also seeking public comment on issues to be addressed in final regulations regarding military family leave. S