February 2006 – Federal Register Recent Federal Regulation Documents

This is a notice of the Presidential declaration of a major disaster for the State of California (FEMA-1628-DR), dated February 3, 2006, and related determinations.

This notice announces the estimated median income for four- person families in each State and the District of Columbia for FFY 2007 (October 1, 2006 to September 30, 2007). LIHEAP grantees may adopt the State median income estimates beginning with the date of this publication of the estimates in the Federal Register or at a later date as discussed below. This means that LIHEAP grantees could choose to implement this notice during the period between the heating and cooling seasons. However, by October 1, 2006, or by the beginning of a grantee's fiscal year, whichever is later, LIHEAP grantees using State median income estimates must adjust their income eligibility criteria to be in accord with the FFY 2007 State median income estimates. This listing of estimated State median incomes provides one of the maximum income criteria that LIHEAP grantees may use in determining a household's income eligibility for LIHEAP.

Following receipt on February 6, 2006, of a request from the United States Trade Representative (USTR), the Commission instituted investigation Nos. TA-131-032 and TA-2104-021, U.S.-Republic of Korea Free Trade Agreement: Advice Concerning the Probable Economic Effect of Providing Duty-Free Treatment for Imports, under section 131 of the Trade Act of 1974 and section 2104(b)(2) of the Trade Act of 2002.

The Office of the United States Trade Representative (USTR) is providing notice of additional country-by-country allocations of the in-quota quantity of the tariff-rate quotas for imported raw cane sugar and refined sugar for the period October 1, 2005 through September 30, 2006 (FY 2006). In addition, USTR is providing notice of country-by- country re-allocations of the FY 2006 in-quota quantity of the tariff- rate quota for imported raw cane sugar.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, 83 Stat. 852, 853, codified as amended at 42 U.S.C 4332(2)(C), the National Park Service announces the availability of the Record of Decision on the Final Environmental Impact Statement for the Oil and Gas Management Plan, Big Thicket National Preserve, Texas. On February 3, 2006, the Director, Intermountain Region approved the Record of Decision for the project. As soon as practicable, the National Park Service will begin to implement the Preferred Alternative contained in the FEIS issued on December 16, 2006. The following course of action will occur under the preferred alternative: An oil and gas management plan will be implemented that clearly articulates the Current Legal and Policy Requirements applicable to the exploration, production, and transportation of nonfederal oil and gas resources in the Preserve; performance standards, mitigation measures, and operating stipulations will be developed and applied Preserve-wide to protect resources and values; and Special Management Areas will be formally designated and will include timing and surface use stipulations for different types of nonfederal oil and gas operations. This course of action and 2 alternatives were analyzed in the Draft and Final Environmental Impact Statements. The full range of foreseeable environmental consequences was assessed, and appropriate mitigating measures were identified. The Record of Decision includes a description of the background of the project, statement of the decision made, mitigation measures/ monitoring, synopses of other alternatives considered, the basis for the decision, a finding on impairment of park resources and values, a description of the environmentally preferred alternative, and an overview of public and agency involvement in the decision-making process.

The General Services Administration (GSA) announces the availability of the draft Environmental Impact Statement (EIS) for construction of a new facility to house the Los Angeles Field Office Headquarters of the Federal Bureau of Investigation (FBI) for public review and comment. The EIS provides GSA and the public with an analysis of the environmental impacts that may result from two alternative construction proposals and a No Action alternative.

NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.

The Commission will host two briefings on March 1, 2006. One will address a study of postal volume growth in developing countries. The other will address the effect of certain data collection design changes on a major Postal Service annual financial report. These briefings will provide an open forum for the presentation of information of interest to the postal community and the general public.

This notice announces the Agricultural Marketing Service's (AMS) review of the National Dairy Promotion and Research Program (conducted under the Dairy Promotion and Research Order), using the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).

EPA is approving the maintenance plan for the Douglas area in Cochise County, Arizona and granting the request submitted by the State to redesignate this area from nonattainment to attainment for the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2). Elsewhere in this Federal Register, we are proposing approval and soliciting written comment on this action; if adverse written comments are received, we will withdraw the direct final rule and address the comments received in a new final rule; otherwise no further rulemaking will occur on this approval action.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Office of the Director, the National Heart, Lung, and Blood Institute (NHLBI), the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on November 7, 2005, page 67494 and allowed 60- days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised or implemented on or after October 1, 1995 unless it displays a current valid OMB control number.

The Board of Governors of the Federal Reserve System (Board) is amending the asset size threshold and other criteria for determining whether a bank holding company (BHC) qualifies for the Board's Small Bank Holding Company Policy Statement (Regulation Y, Appendix C) (Policy Statement) and an exemption from the Board's consolidated risk- based and leverage capital adequacy guidelines for BHCs (Regulation Y, Appendices A and D) (Capital Guidelines). The Board is adopting this final rule to address the effects of inflation, industry consolidation, and normal asset growth of BHCs since the Board introduced the Policy Statement in 1980. The final rule increases the asset size threshold from $150 million to $500 million in consolidated assets for determining whether a BHC may qualify for the Policy Statement and an exemption from the Capital Guidelines; modifies the qualitative criteria used in determining whether a BHC that is under the asset size threshold nevertheless would not qualify for the Policy Statement or the exemption from the Capital Guidelines; and clarifies the treatment under the Policy Statement of subordinated debt associated with trust preferred securities.

OSHA is confirming the effective date of its direct final rule reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures used to protect employees who operate wheel-type tractors. The direct final rule stated that it would become effective on February 27, 2006 unless significant adverse comment was received by January 30, 2006. OSHA received only one comment on the direct final rule, which it has determined is not a significant adverse comment.