January 23, 2008 – Federal Register Recent Federal Regulation Documents

EPA has received a specific exemption request from the Louisiana Department of Agriculture and Forestry to use the pesticide chlorantraniliprole (CAS No. 500008-45-7) to treat up to 160,000 acres of rice to control rice water weevil. The applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires revising the airplane flight manual to provide the flightcrew with new ground procedures for shedding core ice during long taxi periods in freezing fog with visibility of 300 meters or less. For airplanes unable to perform the shedding procedure after prolonged taxiing in freezing fog with visibility of 300 meters or less, this AD requires certain investigative and corrective actions. This AD results from reports of engine surges and internal engine damage due to ice accumulation during extended idle thrust operation in ground fog icing conditions. We are issuing this AD to prevent internal engine damage due to ice accumulation and shedding, which could cause a shutdown of both engines, and result in a forced landing of the airplane.

This document contains final regulations under section 197 of the Internal Revenue Code (Code) that apply to a section 197 intangible resulting from an assumption reinsurance transaction, and under section 338 that apply to reserve increases after a deemed asset sale. The final regulations also provide guidance with respect to existing section 846(e) elections to use historical loss payment patterns. The final regulations apply to insurance companies.

The U.S. Department of Commerce has issued an amended Export Trade Certificate of Review (``Certificate'') to the U.S. Shippers Association (``USSA'') on January 16, 2008. USSA's application to amend its Certificate was announced in the Federal Register on October 25, 2007 (72 FR 60648). The original Certificate No. 85-00018 was issued to USSA on June 3, 1986, and announced in the Federal Register on June 9, 1986 (51 FR 20873). The previous amendment (No. 85-13A018) was issued to USSA on November 27, 2007, and announced in the Federal Register December 4, 2007 (72 FR 68128).

EPA is extending the comment period for action proposed on December 13, 2007 (72 FR 70812) concerning disapproval of the Nevada State Plan to address the requirements of EPA's Clean Air Mercury Rule (CAMR).

Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.

This notice announces the availability of the revised EPA National Lead Laboratory Accreditation Program (NLLAP) in the document titled ``Laboratory Quality System Requirements (LQSR) Revision 3.0'' dated July 5, 2007. Revisions to the LQSR include the expansion of NLLAP to cover: (1) Lead laboratory analysis programs that conduct lead analysis for the field (Field Sampling and Measurement Organizations), and (2) revised training requirements for laboratory personnel. The Agency will phase-in LQSR 3.0 over the next 18 months.

We, the U.S. Fish and Wildlife Service, initiate 5-year reviews of the endangered Peter's Mountain mallow (Iliamna corei), Jesup's milk-vetch (Astragalus robbinsii var. jesupi), James spinymussel (Pleurobema collina), sandplain gerardia (Agalinis acuta), harperella (Ptilimnium nodosum), Shenandoah salamander (Plethodon shenandoah), American chaffseed (Schwalbea americana), and rough rabbitsfoot (Quadrula cylindrica strigillata), and the threatened Northeastern beach tiger beetle (Cicindela dorsalis dorsalis) and Virginia spiraea (Spiraea virginiana) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will make a finding on whether these species are properly classified under the Act.

We preliminarily determine that certain steel nails (``nails'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. We will make our final determination within 135 days after the date of this preliminary determination.

This document contains a correction to the Card Format Passport; Changes to Fee Schedule published in the Federal Register on December 31, 2007 (72 FR 74169).

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). 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.

In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed from claimants prior to undergoing a VA medical examination for disability benefits.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to ensure that statements submitted by or on behalf of a claimant is true and correct.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to determine the amount owed to a holder of a defaulted VA guaranteed home loan.

This Notice announces the Department of Energy (DOE) acceptance of claims in FY 2008 from eligible active uranium and thorium processing sites for reimbursement under Title X of the Energy Policy Act of 1992. For FY 2008, Congress has appropriated approximately $19.8 million for reimbursement of certain costs of remedial action at these sites. The approved amount of claims submitted during FY 2007 and unpaid approved balances for claims submitted in prior years will be paid by April 30, 2008, subject to the availability of funds. If the available funds are less than the total approved claims, these payments will be prorated, if necessary, based on the amount of available FY 2008 appropriations, unpaid approved claim balances (approximately $5.8 million), and claims received in May 2007 (approximately $26 million).

This notice proposes special conditions for the Embraer S.A.; Model EMB-500 airplane. This airplane has a novel or unusual design feature associated with the static pressure system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to harmonize with Brazil's Agencia Nacional de Aviacao Civil (ANAC) and to maintain the same level of safety between the ANAC Type Certificate and the U.S. Type Certificate.

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council. The agenda for the meeting includes updates from each of the Council committees, including discussion and deliberation of potential recommendations. The Council Committees address NASA interests in the following areas: Aeronautics, Audit and Finance, Space Exploration, Human Capital, Science, and Space Operations.

The FAA participated as a cooperating agency with the U.S. Army Space and Missile Defense Command/U.S. Army Forces Strategic Command in preparation of the SpaceX Falcon Program Environmental Assessment (EA). The Falcon Launch Vehicle Program is a venture by Space Exploration Technologies, Inc. (SpaceX) to provide space launch operations. The EA analyzed the environmental consequences of conducting an average of six Falcon 1 launches per year and up to four Falcon 9 launches per year (starting after 2008) for the next ten years from Omelek Island, U.S. Army Kwajalein Atoll Ronald Reagan Ballistic Missile Test Site (USAKA/RTS). The EA also analyzed the reentry of the Dragon reentry capsule, which would be carried as a payload on the Falcon 9 launch vehicle. Additionally, the SpaceX Falcon Program EA analyzed infrastructure improvements proposed on Omelek Island and Kwajalein to support the proposed launch activities. SpaceX would require a launch or reentry license from the FAA for launches or reentries of commercial payloads. From its independent review and consideration, the FAA has determined that the FAA's proposed action is substantially the same as the actions already analyzed in the SpaceX EA and that FAA's comments and suggestions have been satisfied (see 1506.3(c) and FAA Order 1050.1E, 518h). The FAA formally adopts the EA and hereby incorporates the analysis to support future decisions on license applications. After reviewing and analyzing currently available data and information on existing conditions, project impacts, and measures to mitigate those impacts, the FAA has determined that the proposed action is not a Federal action that would significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA). Therefore, the preparation of an Environmental Impact Statement (EIS) is not required and the FAA is issuing a Finding of No Significant Impact (FONSI). The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the Environmental Assessment or the FONSI Contact: Questions or comments should be directed to Ms. Stacey Zee; FAA Environmental Specialist; Federal Aviation Administration; 800 Independence Ave., SW.; AST-100, Suite 331; Washington, DC 20591; (202) 267-9305.