January 2006 – Federal Register Recent Federal Regulation Documents

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Life in the Pacific of the 1700s: The Cook/Forster Collection of the George August University of Gottingen,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Honolulu Academy of Arts, Honolulu, HI, from on or about February 23, 2006, until on or about May 14, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Pursuant to section 102(2)(c) of the National Environmental Act (NEPA), 42 U.S.C. 4321-4370, as implemented by the Council of Environmental Quality Regulations (40 CFR parts 1500-1508), the Defense Threat Reduction Agency (DTRA) announces the availability of the Draft Programmatic Environmental Impact Statement (PEIS) for DTRA activities on White Sands Missile Range (WSMR), New Mexico. As a major cooperating agency, WSMR has participated in the preparation of the PEIS. Future development of DTRA's testing facilities and program, and its scope require a PEIS to adequately address potential environmental impacts.

In response to a Notice of Proposed Rule Making, 70 FR 7220 (February 11, 2005), this Report and Order upgrades Channel 279C3, Station WBNU(FM), Shallotte, North Carolina, to Channel 279C2, reallots Channel 279C2 to Wrightsville Beach, North Carolina, and modifies the license of Station WBNU(FM) accordingly. The coordinates for Channel 279C2 at Wrightsville Beach are 33-59-56 NL and 77-54-35 WL, with a site restriction of 25.4 kilometers (15.8 miles) southwest of Wrightsville Beach. The Report and Order also upgrades Channel 229A, Station WBNE(FM, Wrightsville Beach, to Channel 229C3, reallots Channel 229C3 to Topsail Beach and modifies the license of Station WBNE(FM) accordingly. The coordinates for Channel 229C3 at Topsail Beach are 34- 25-37 NL and 77-38-33 WL, with a site restriction of 7.0 kilometers (4.3 miles) north of Topsail Beach. In addition, the Report and Order downgrades Channel 280C3, Station WWTB(FM), Topsail Beach, North Carolina, to Channel 281A, reallots Channel 281A to Swansboro, North Carolina, and modifies the license of Station WWTB(FM) accordingly. The coordinates for Channel 281A at Swansboro are 34-42-41 NL and 77-16-07 WL, with a site restriction of 13.9 kilometers (8.7 miles) west of Swansboro. Lastly, the Report and Order upgrades Channel 284C3, Station WZUP(FM), La Grange, North Carolina, to Channel 284C2. The coordinates for Channel 284C2 at LaGrange are 35-07-39 NL and 77-42-59 WL, with a site restriction of 20.9 kilometers (13.0 miles) south of La Grange.

The Audio Division, at the request of Linda A. Davidson, allots Channel 267A at Barstow, California, as the community's third local FM transmission service. See 68 FR 42664, July 18, 2003. Channel 267A can be allotted to Barstow in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 267A at Barstow are 34-53-55 North Latitude and 117-01-19 West Longitude. Because Barstow is located within 320 kilometers (199 miles) of the U.S.-Mexican border, Mexican concurrence has been requested. However, concurrence of the Mexican government has not yet been received. If a construction permit for Channel 267A at Barstow is granted prior to the Commission's receipt of formal concurrence in the allotment by the Mexican Government, the construction permit will include the following condition: ``Use of this allotment is subject to suspension, modification, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement or if specifically objected to by Mexico's Secretaria de Communicaciones Y Transportes.'' See Supplementary Information, infra.

This document grants a petition filed by Mitchell Beranek by allotting Channel 247A at Wheatland, Wyoming, as its fourth FM commercial broadcast service, which requires a site restriction of 2.3 kilometers (1.4 miles) north at reference coordinates 42-04-28 NL and 104-56-51 WL. See 70 FR 7219, published February 11, 2005. This document also grants a counterproposal filed jointly by Keyhole Broadcasting, LLC, licensee of Station KXXL(FM), Gillette, Wyoming and Mount Rushmore Broadcasting, Inc., licensee of Station KAWK(FM), Custer, South Dakota by allotting Channel 289C1 at Edgemont, South Dakota, as its first local service; substituting Channel 283C1 for vacant Channel 290C1 and Channel 228A for vacant Channel 283A at Upton, Wyoming; substituting Channel 291A for Channel 228A at Moorcroft, Wyoming and modifying the New Station authorization accordingly; substituting Channel 260C2 for Channel 280C2 at Gillette, Wyoming and modifying the FM Station KXXL license accordingly; substituting Channel 256A for vacant Channel 260A at Pine Haven, Wyoming; substituting Channel 299C for vacant Channel 288C at Wall, South Dakota and substituting Channel 298A for vacant Channel 289A at Wheatland, Wyoming. See SUPPLEMENTARY INFORMATION.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS). The purpose of the Committee meeting is to introduce new members and conduct orientation training. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Committee and make an oral presentation of such. Persons desiring to make an oral presentation or submit a written statement to the Committee must notify the point of contact listed below no later than 5 p.m., 17 February 2006. Oral presentations by members of the public will be permitted only on Wednesday, 22 February 2006 from 4:45 p.m. to 5 p.m. before the full Committee. Presentations will be limited to two minutes. Number of oral presentations to be made will depend on the number of requests received from members of the public. Each person desiring to make an oral presentation must provide the point of contact listed below with one (1) copy of the presentation by 5 p.m., 17 February 2006 and bring 35 copies of any material that is intended for distribution at the meeting. Persons submitting a written statement must submit 35 copies of the statement to the DACOWITS staff by 5 p.m. on 17 February 2006.

The FAA is adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 airplanes. This AD requires, when certain SmartProbes are installed, revising the Limitations section of the airplane flight manual to limit the maximum take-off weight of the airplane and increase the reference speed during certain landing conditions. This AD results from reports of variable calibration values of certain sensors of the SmartProbes, which could result in the transmission of erroneous information to the air data system. We are issuing this AD to prevent reduced controllability of the airplane.

The Coast Guard is establishing a temporary safety zone on the Chicago Sanitary and Ship Canal on the Illinois Waterway near Romeoville, Illinois. This safety zone is necessary to close the Chicago Sanitary and Ship Canal during safety testing of the permanent electrical dispersal barrier. This safety zone intended to restrict vessels from a portion of the Canal in Romeoville, IL, at various times over a 45 day period.

EPA is taking direct final action to approve a revision to the New Mexico State Implementation Plan (SIP). This revision satisfies the New Source Review (NSR) and monitoring plan requirements for visibility, otherwise known as the ``Phase I, Part I Visibility SIP.'' In addition, this revision includes the implementation control strategies, integral vistas protection, and long term strategies, otherwise known as the ``Phase I, Part II Visibility SIP.'' Lastly, EPA is removing the SIP disapprovals associated Phase I, Parts I and II, and the resultant Federal Implementation Plans (FIPs).

This notice announces the initial filing of a pesticide petition proposing the amendment of a regulation for residues of the fungicide pyraclostrobin, carbamic acid, [2-[[[1-(4-chlorophenyl)-1H- pyrazol-3-yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] carbamate (BF 500-3); expressed as parent compound in or on almond hulls.

This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical sorbitol octanoate on all food commodities when applied/used in accordance with label directions. AVA Chemical Ventures, L. L. C. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of sorbitol octanoate.

This proposed notice acknowledges the receipt of an application from the TUV Healthcare Specialists for deeming authority for hospitals that wish to participate in the Medicare and Medicaid programs. Section 1865(b)(3)(A) of the Social Security Act requires that within 60 days of receipt of an organization's complete application, we publish a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period.

We are amending the regulations by revising the approved doses for irradiation treatment of imported fruits and vegetables. This rule will establish a new minimum generic dose of irradiation for most plant pests of the class Insecta, establish a new minimum generic dose for the fruit fly family, reduce the minimum dose of irradiation for some specific fruit fly species, add 10 pests to the list of pests for which irradiation is an approved treatment at less than the generic dose, and provide for the use of irradiation as a treatment for cut flowers and foliage. These actions will allow the use of irradiation to neutralize more pests and to neutralize some pests at lower doses. Furthermore, we are providing for the irradiation of fruits and vegetables moved interstate from Hawaii at the pest-specific irradiation doses that are now approved for imported fruits and vegetables. We are also providing for the use of irradiation to treat fruits and vegetables moved interstate from Puerto Rico and the U.S. Virgin Islands. These actions will allow irradiation to serve as an alternative to other approved treatments for additional commodities moved interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands. Finally, we are adding irradiation as a treatment for bananas from Hawaii and adding vapor- heat treatment as an optional treatment for sweetpotatoes from Hawaii. These actions will provide an alternative to the currently approved treatments for those commodities while continuing to provide protection against the spread of plant pests from Hawaii into the continental United States.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

(A) Proposed Temporary, Emergency Amendment Pertaining to Steroid Offenses.Pursuant to section 994(a), (o), and (p) of title 28, United States Code, section 3 of the Anabolic Steroid Control Act of 2004, Pub. L. 108-358, and the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109- 75, the Commission is considering promulgating a temporary, emergency amendment to the sentencing guidelines, policy statements, and commentary to increase the penalties for steroid offenses. This notice sets forth the proposed amendment and a synopsis of the issues addressed by the amendment. Issues for comment follow the proposed amendment. (B) Proposed Non-Emergency Amendments.Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. The specific proposed amendments and issues for comment in this notice are as follows: (A) proposed amendment and issues for comment regarding immigration offenses, particularly offenses covered by Sec. Sec. 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien), 2L1.2 (Unlawfully Entering or Remaining in the United States), 2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; etc.) and 2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use); (B) proposed amendments to Sec. Sec. 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), 1B1.1 (Application Instructions), and 5K2.11 (Lesser Harms), and issues for comment pertaining to firearms offenses; (C) proposed repromulgation of the proposed temporary, emergency amendment to Sec. Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy), and 3B1.3 (Hate Crime Motivation and Vulnerable Victim) set forth in Part A of this notice; (D) proposed amendment to repromulgate as a permanent amendment the temporary, emergency amendment to Sec. 2B5.3 (Criminal Infringement of Copyright or Trademark), which became effective October 24, 2004 (see Supplement to Appendix C, (Amendment 675)); (E) proposed amendment to repromulgate as a permanent amendment the temporary, emergency amendment to Sec. 2J1.2 (Obstruction of Justice), which became effective October 24, 2005 (see Supplement to Appendix C, (Amendment 676)); (F) proposed amendments Sec. Sec. 2A1.4 (Involuntary Manslaughter), 2A5.2 (Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Operation, or Maintenance of Mass Transportation Vehicle or Ferry), 2B1.1 (Theft, Fraud, and Property Destruction), 2K1.4 (Arson; Property Damage by Use of Explosives), and Chapter Two, Part X (Other Offenses) to implement the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users, Pub. L. 109-59; (G) proposed amendments to Sec. Sec. 2A6.1 (Threatening Communications), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien), and 2M6.1 (Unlawful Production, Development, Acquisition, Stockpiling, Alteration, Use, Transfer, or Possession of Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction; Attempt or Conspiracy) to implement the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458; (H) proposed amendments to (i) Chapter Three (Adjustments) to implement the directive to the Commission in section 204(b) of the Intellectual Property Protection and Courts Administration Act of 2004, Pub. L. 108-482; and (ii) Sec. 2G2.5 (Recordkeeping Offenses Involving the Production of Sexually Explicit Materials) to implement section 5(d)(1) of the CAN-SPAM Act, Pub. L. 108-187; (I) proposed amendments to (i) Sec. Sec. 2B1.1 and 2B1.5 (Theft of, Damage to, or Destruction of, Cultural Heritage Resources; Unlawful Sale, Purchase, Exchange, Transportation, or Receipt of Cultural Heritage Resources) to implement the Veterans' Memorial Preservation and Recognition Act of 2003, Pub. L. 108-29; (ii) Sec. 2N2.1 (Violations of Statutes and Regulations Dealing With Any Food, Drug, Biological Product, Device, Cosmetic, or Agricultural Product) to implement the Plant Protection Act of 2002, Pub. L. 107-171; (iii) Sec. 2T3.1 (Evading Import Duties or Restrictions (Smuggling); Receiving or Trafficking in Smuggled Property ) to implement the Clean Diamond Trade Act of 2003, Pub. L. 108-19; (iv) Sec. Sec. 2A1.1 (First Degree Murder), 2A1.2 (Second Degree Murder), 2A1.3 (Voluntary Manslaughter), 2A1.4 (Involuntary Manslaughter), 2A2.1 (Assault with Intent to Commit Murder; Attempted Murder), 2A2.2 (Aggravated Assault), and 2X5.1 to implement the Unborn Victims of Violence Act of 2004, Pub. L. 108-212; and (v) Chapter Two, Part X (Other Offenses) to implement several other laws that created new Class A Misdemeanor offenses; (J) proposed amendments to Sec. 2D1.1 and Chapter Three (Adjustments) to address various guideline application issues; (K) proposed amendment to Sec. 3C1.1 (Obstruction of Justice) that addresses three issues of circuit conflict; (L) issue for comment pertaining to attorney-client waiver in Chapter Eight (Sentencing of Organizations); (M) proposed amendment to Chapter Six (Sentencing Procedures and Plea Agreements) pertaining to crime victims' rights; and (N) proposed amendment to Chapter One, Part B (General Application Principles) pertaining to reductions in the term of imprisonment based on a Bureau of Prisons motion.

This proposed rule would update the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs). The proposed payment amounts and factors used to determine the updated Federal rates that are described in this proposed rule were determined based on the LTCH PPS rate year July 1, 2006 through June 30, 2007. The annual update of the long-term care diagnosis-related group (LTC-DRG) classifications and relative weights remains linked to the annual adjustments of the acute care hospital inpatient diagnosis-related group system, and would continue to be effective each October 1. The proposed outlier threshold for July 1, 2006, through June 30, 2007, would also be derived from the LTCH PPS rate year calculations. We are also proposing to make policy changes and clarifications.

In this notice of proposed rulemaking, the Pipeline and Hazardous Materials Safety Administration proposes to amend the Hazardous Materials Regulations by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. The revisions and reformatting provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations, thereby ensuring that an acceptable level of safety is maintained while facilitating the transportation of hazardous materials.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8508, Request for Waiver From Filing Information Returns Electronically/Magnetically (Forms W-2, W-2G, 1042- S, 1098 Series, 1099 Series, 5498 Series, and 8027.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business.