January 30, 2006 – Federal Register Recent Federal Regulation Documents

Pacific Halibut Fisheries; Catch Sharing Plan
Document Number: E6-1113
Type: Proposed Rule
Date: 2006-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to update the tribal season in the Plan to reflect recent IPHC season date-setting trends. NMFS also proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes the sport fishery management measures for Area 2A, the flexible inseason management provisions in Area 2A, fishery election in Area 2A, and Area 2A non-treaty commercial fishery closed areas. NMFS proposes to codify all but the sport fishery management measures for Area 2A, at 50 CFR part 300, subpart E. These actions are intended to enhance the conservation of Pacific halibut, to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries, and to provide greater angler opportunity where available.
Listing of Color Additives Exempt From Certification; Food, Drug, and Cosmetic Labeling: Cochineal Extract and Carmine Declaration
Document Number: E6-1104
Type: Proposed Rule
Date: 2006-01-30
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA, we) is proposing to revise its requirements for cochineal extract and carmine by requiring their declaration on the label of all food and cosmetic products that contain these color additives. The proposed rule responds to reports of severe allergic reactions, including anaphylaxis, to cochineal extract and carmine-containing food and cosmetics and would allow consumers who are allergic to these color additives to identify and thus avoid products that contain these color additives. This proposed action also responds, in part, to a citizen petition submitted by the Center for Science in the Public Interest (CSPI). With regard to drug products, FDA plans to initiate rulemaking to implement the Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L.105-115) provisions that require declaration of inactive ingredients for drugs. The FDAMA provisions have already been implemented for over-the-counter (OTC) drugs.
Airworthiness Directives; Rolls-Royce plc RB211 Series Turbofan Engines
Document Number: E6-1092
Type: Proposed Rule
Date: 2006-01-30
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce plc (RR) models RB211-535E4-37, RB211- 535E4-B-37, RB211-535C-37, RB211-535E4-B-75, RB211-535E4-C, and RB211- 22B-02 turbofan engines. That AD currently requires inspecting certain high pressure (HP) turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacing the discs with serviceable parts. This proposed AD would require the same inspections, and would reduce the compliance times for eddy current inspection (ECI) for the RR RB211-22B-02 engines. This proposed AD results from the manufacturer reducing their recommended compliance times for inspections on RB211-22B-02 engines. We are proposing this AD to prevent possible disc failure, which could result in an uncontained engine failure and damage to the airplane.
Regulations Under the Perishable Agricultural Commodities Act (PACA)
Document Number: E6-1090
Type: Proposed Rule
Date: 2006-01-30
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is issuing this advance notice of proposed rulemaking in response to concerns raised by the industry that sellers may lose their status as trust creditors when using electronic data interchange (EDI) for invoicing. Comments are being sought from the public, but in particular, buyers and sellers of fruit and vegetables and vendors/software developers of EDI systems, as to whether to issue new or amended regulations and if so, the substance of such regulations.
Proposed Modification of Restricted Areas R-3002A, B, C, D, E, and F; and Establishment of Restricted Area R-3002G; Fort Benning, GA
Document Number: E6-1074
Type: Proposed Rule
Date: 2006-01-30
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the boundaries of the Restricted Area R-3002 range complex at Fort Benning, GA. The U.S. Army proposed these modifications as a result of a land exchange agreement between Fort Benning and the City of Columbus, GA. Specifically, the proposal would eliminate restricted airspace over a parcel of land that has been transferred from the Army to the City of Columbus. The proposal would also add new restricted airspace over a parcel of land to the south of the current restricted area complex, that was ceded by the City to the Army. In addition, a portion of the southwest section of R-3002, within the existing restricted airspace, would be redesignated as a separate restricted area, R-3002G, to better accommodate instrument approach procedures at Lawson Army Air Field (AAF). The internal boundaries between restricted area subdivisions would also be realigned slightly to permit more efficient scheduling and utilization of the range complex. Finally, the names of the controlling agency and using agency for the restricted areas would be changed to reflect their current titles.
Major Capital Investment Projects
Document Number: 06-870
Type: Proposed Rule
Date: 2006-01-30
Agency: Federal Transit Administration, Department of Transportation
This advance notice of proposed rulemaking provides interested parties with the opportunity to comment on the characteristics and requirements proposed by the Federal Transit Administration (FTA) for a new capital investment program. This new program, ``Small Starts'', is a discretionary grant program for public transportation capital projects that run along a dedicated corridor or a fixed guideway, have a total project cost of less than $250 million, and are seeking less than $75 million in Small Starts program funding. This Small Starts program is a component of the existing New Starts program, but will offer project sponsors an expedited and streamlined application and review process. Consistent with the intent and provisions of the new public transit statute, the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (SAFETEA-LU), FTA hopes to simplify the planning and project development process for proposed Small Starts projects in a number of ways. In addition to the reduced number of evaluation measures specified in SAFETEA-LU, the process may be further simplified by allowing small projects to conduct alternatives analysis with a reduced set of alternatives, allowing evaluation measures for mobility and cost-effectiveness to be developed without having to rely on complicated travel demand modeling procedures in some cases, and possibly defining some classes of low-cost improvements that are pre- approved as effective and cost-effective in certain contexts.
Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, NY
Document Number: 06-855
Type: Proposed Rule
Date: 2006-01-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the New York City Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin. This notice of proposed rulemaking would allow the bridge owner to open only one of the two moveable spans for the passage of vessel traffic from March 1, 2006 through September 7, 2006. This proposed rule is necessary to facilitate bridge deck replacement.
Revisions to FHA Credit Watch Termination Initiative
Document Number: 06-852
Type: Rule
Date: 2006-01-30
Agency: Department of Housing and Urban Development
On December 17, 2004, HUD published an interim rule implementing certain regulations for the Federal Housing Administration (FHA) Credit Watch Termination Initiative. Under the initiative, FHA systematically reviews the early default and claim rates of mortgagees that have been approved to participate in the FHA single family mortgage insurance programs. Mortgagees with excessive default and claim rates are considered to be on Credit Watch status and, in cases of more severe performance deficiencies, HUD may terminate the mortgagee's loan origination approval authority. Credit Watch status constitutes a warning to a mortgagee that its default and claim rates are in excess of permissible levels and that failure to achieve improvement may lead to the termination of its origination approval agreement. The final rule follows publication of the December 17, 2004, interim rule, takes into consideration the public comments received on the interim rule, and makes no changes at this final rule stage.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Correction
Document Number: 06-843
Type: Proposed Rule
Date: 2006-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On January 12, 2006, a proposed rule to implement Amendment 19 to the Pacific Coast Groundfish Fishery Management Plan (FMP) was published in the Federal Register. The proposed rule was published with an incorrect RIN. Also, this proposed rule contained a number of errors in the Prohibition section and the different lists of coordinates. This document corrects those errors.
Add Argentina to the List of Regions Considered Free of Exotic Newcastle Disease
Document Number: 06-840
Type: Rule
Date: 2006-01-30
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations by adding Argentina to the list of regions considered free of exotic Newcastle disease. We have conducted a risk evaluation and have determined that Argentina has met our requirements for being recognized as free of this disease. This action eliminates certain restrictions on the importation into the United States of poultry and poultry products from Argentina. We are also adding Argentina to the list of regions that, although declared free of exotic Newcastle disease, must provide an additional certification to confirm that any poultry or poultry products offered for importation into the United States originate in a region free of exotic Newcastle disease and that, prior to importation into the United States, such poultry or poultry products were not commingled with poultry or poultry products from regions where exotic Newcastle disease exists.
Tuberculosis in Cattle and Bison; State and Zone Designations; Minnesota
Document Number: 06-839
Type: Rule
Date: 2006-01-30
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the bovine tuberculosis regulations regarding State and zone classifications by removing Minnesota from the list of accredited-free States and adding it to the list of modified accredited advanced States. This action is necessary to help prevent the spread of tuberculosis because Minnesota no longer meets the requirements for accredited-free State status.
Prevailing Rate Systems; Change in the Survey Cycle for the Harrison, MS, Nonappropriated Fund Federal Wage System Wage Area
Document Number: 06-828
Type: Rule
Date: 2006-01-30
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management is issuing a final rule to change the timing of local wage surveys in the Harrison, Mississippi, nonappropriated fund Federal Wage System wage area. The purpose of this change is to avoid conducting future surveys in this area during the hurricane season.
New Car Assessment Program (NCAP); Safety Labeling
Document Number: 06-827
Type: Proposed Rule
Date: 2006-01-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
One of the provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires new passenger vehicles to be labeled with safety rating information published by the National Highway Traffic Safety Administration's New Car Assessment Program. This document proposes a regulation to implement that new labeling requirement beginning September 1, 2007.
California Raisin Marketing Order; Section 610 Review
Document Number: 06-821
Type: Rule
Date: 2006-01-30
Agency: Agricultural Marketing Service, Department of Agriculture
This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 989, regulating the handling of raisins produced from grapes grown in California.
Clarification of Definitions
Document Number: 06-817
Type: Rule
Date: 2006-01-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations defining the terms corporation and domestic in circumstances in which a business entity is created or organized in more than one jurisdiction. These regulations affect business entities that are created or organized under the laws of more than one jurisdiction.
Federal Acquisition Regulation; FAR Case 2003-008, Share-In-Savings Contracting
Document Number: 06-816
Type: Proposed Rule
Date: 2006-01-30
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to withdraw the proposed rule, FAR case 2003-008, Share-in-Savings Contracting, which was published in the Federal Register on July 2, 2004. The rule proposed amending the Federal Acquisition Regulation (FAR) as it pertains to types of contracts and acquisition of information technology to address the inclusion of Share-in-Savings (SIS) contracting. However, the SIS concept was not reauthorized by Congress.
Director of Small and Disadvantaged Business Utilization
Document Number: 06-814
Type: Rule
Date: 2006-01-30
Agency: Office of the Secretary, Department of Defense
This document removes regulations from Title 32 of the Code of Federal Regulations concerning the Director of Small and Disadvantaged Business Utilization. This part has served the purpose for which it was intended in the CFR and is no longer necessary.
Security Zone; Superbowl XL, Detroit River, Detroit, MI
Document Number: 06-811
Type: Rule
Date: 2006-01-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone on the Detroit River, Detroit, Michigan. This zone is intended to restrict vessels from a portion of the Detroit River in order to ensure the safety of up to 450,000 people expected to attend Super Bowl XL at Ford Field as well as related events at Cobo Hall, Hart Plaza and the Renaissance Center in downtown Detroit.
Security Zone; Pearl Harbor and Adjacent Waters, Honolulu, HI
Document Number: 06-810
Type: Rule
Date: 2006-01-30
Agency: Coast Guard, Department of Homeland Security
This temporary rule establishes a 500-yard moving security zone around the U.S. Forces vessel SBX-1 during transit and float-off operations in the waters adjacent to Pearl Harbor, HI. The SBX-1 will transit aboard the M/V BLUE MARLIN and will be floated-off and escorted into Pearl Harbor. This security zone is necessary to protect the SBX-1 from hazards associated with other vessels or persons approaching too close during the transit, float-off, and escort operations. Entry of persons or vessels into this temporary security zone is prohibited unless authorized by the Captain of the Port (COTP).
Suspension of Community Eligibility
Document Number: 06-805
Type: Rule
Date: 2006-01-30
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Disapproval of Air Quality Implementation Plans; Montana; Maintenance of Air Pollution Control Equipment for Existing Aluminum Plants
Document Number: 06-789
Type: Rule
Date: 2006-01-30
Agency: Environmental Protection Agency
EPA is disapproving a State Implementation Plan revision submitted by the State of Montana on January 16, 2003. If approved, this revision would exempt existing aluminum plants from meeting emission requirements during scheduled maintenance. This action is being taken under section 110 of the Clean Air Act.
Allocation and Apportionment of Expenses Alternative Method for Determining Tax Book Value of Assets
Document Number: 06-766
Type: Rule
Date: 2006-01-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations providing an alternative method of valuing assets for purposes of apportioning expenses under the tax book value method of Sec. 1.861-9T. The alternative tax book value method, which is elective, allows taxpayers to determine, for purposes of apportioning expenses, the tax book value of all tangible property that is subject to a depreciation deduction under section 168 by using the straight line method, conventions, and recovery periods of the alternative depreciation system under section 168(g)(2). The alternative tax book value method is intended to minimize basis disparities between foreign and domestic assets of taxpayers that may arise when taxpayers use adjusted tax basis to value assets under the tax book value method of expense apportionment. These final regulations may affect taxpayers that are required to apportion expenses under section 861.
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