February 2006 – Federal Register Recent Federal Regulation Documents

This rule adopts as final, with a minor editorial change, the proposed rule published in the Federal Register (70 FR 33726-33727) on June 9, 2005. This final rule amends the NASA FAR Supplement (NFS) to add Alternate I to the ``Major Breach of Safety or Security'' clause. Alternate I deletes references to termination for default and makes other changes to be consistent with the FAR termination clauses prescribed for use with educational or nonprofit institutions performing research and development work on a nonprofit or no-fee basis, and in contracts for commercial items.

EPA is partially approving and partially disapproving a State Implementation Plan (SIP) revision submitted by the State of Colorado. The revision establishes affirmative defense provisions for source owners and operators for excess emissions during periods of startup and shutdown. The affirmative defense provisions are contained in the State of Colorado's Common Provisions regulation. The intended effect of this action is to approve those portions of the rule that are approvable and to disapprove those portions of the rule that are inconsistent with the Clean Air Act. This action is being taken under section 110 of the Clean Air Act. In addition, EPA is announcing that it no longer considers the State of Colorado's May 27, 1998 submittal of revisions to Regulation No. 1 to be an active SIP submittal. Those revisions, which we proposed to disapprove on September 2, 1999 and October 7, 1999, would have provided exemptions from existing limitations on opacity and sulfur dioxide (SO2) emissions for coal-fired electric utility boilers during periods of startup, shutdown, and upset. Since our proposed disapproval, the State of Colorado has removed or replaced the provisions in Regulation No. 1 that we proposed to disapprove, and has instead pursued adoption of the affirmative defense provisions in the State of Colorado's Common Provisions regulation that we are approving today.

The EPA is approving revisions to the Texas State Implementation Plan (SIP) Post-1996 Rate of Progress (ROP) Plan, the 1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets (MVEB) established by the ROP Plan, for the Beaumont/Port Arthur (BPA) ozone nonattainment area submitted November 16, 2004. The intended effect of this action is to approve revisions submitted by the State of Texas to satisfy the reasonable further progress requirements for 1- hour ozone nonattainment areas classified as serious and demonstrate further progress in reducing ozone precursors. We are approving these revisions in accordance with the requirements of the Federal Clean Air Act (CAA).

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the Agencies) are issuing a final rule that amends their market risk rules to revise the risk-based capital treatment for cash collateral that is posted in connection with securities borrowing transactions. This final rule will make permanent, and expand the scope of, an interim final rule issued in 2000 (the interim rule) that reduced the capital requirement for certain cash-collateralized securities borrowing transactions of banks and bank holding companies (banking organizations) that have adopted the market risk rule. This action more appropriately aligns the capital requirements for these transactions with the risk involved and provides a capital treatment for U.S. banking organizations that is more in line with the capital treatment to which their domestic and foreign competitors are subject.

This document contains final regulations that incorporate and clarify the phrase ``return information reflected on returns'' in conformance with the terms of section 6103(j)(5) of the Internal Revenue Code (Code), which provides for limited disclosures of returns and return information in connection with the census of agriculture. These final regulations also remove certain items of return information that the Department of Agriculture no longer needs for conducting the census of agriculture.

The Federal Communications Commission, as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, and as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WZKF(FM), Channel 255B, Salem, Indiana, deletes Channel 255B at Salem, Indiana, from the FM Table of Allotments, allots Channel 255B at Prospect, Kentucky, as the community's first local FM service, and modifies the license of Station WZKF(FM) to specify operation on Channel 255B at Prospect, Kentucky. Channel 255B can be allotted to Prospect, Kentucky, in compliance with the Commission's minimum distance separation requirements with a site restriction of 21.4 km (13.0 miles) northwest of Prospect. The coordinates for Channel 255B at Prospect, Kentucky, are 38-25-59 North Latitude and 85-50-01 West Longitude.

This document dismisses a pending petition for rulemaking filed by 105 Mountain Air, Inc. to allot Channel 265A at Coalinga, California for failure to state a continuing interest in the requested allotment. The document therefore terminates the proceeding. See 69 FR 46474, published August 3, 2004.

The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WEGR(FM), Channel 274C1, Memphis, Tennessee, deletes Channel 274C1 at Memphis, Tennessee, from the FM Table of Allotments, allots Channel 274C1 at Arlington, Tennessee, as the community's first local FM service, and modifies the license of Station WEGR(FM) to specify operation on Channel 274C1 at Arlington. Channel 274C1 can be allotted to Arlington, Tennessee, in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.8 km (6.7 miles) west of Arlington. The coordinates for Channel 274C1 at Arlington, Tennessee, are 89-46-38 North Latitude and 89-46-38 West Longitude. In order to accommodate that allotment, the Audio Division also modifies the reference coordinates for vacant Channel 274A at Saint Florian, Alabama. The reference coordinates for vacant Channel 274A at Saint Florian, Alabama, can be changed to comply with the Commission's minimum distance separation requirements with a site restriction of 4.1 km (2.5 miles) west of Arlington. The revised coordinates for Channel 274A at Saint Florian, Alabama, are 34-50-12 NL and 87-37-27 WL.

This document requests comments on a Petition for Rule Making filed by Unity Broadcasting requesting to upgrade Channel 226A, FM Station WGDQ, to Channel 226C3 and to reallot Channel 226C3 to Sumrall, Mississippi, as that community's second local aural transmission service. To accommodate this allotment, Petitioner requested the reclassification of FM Station WUSW, Channel 279C, Hattiesburg, Mississippi, to specify operation on Channel 279C0 pursuant to the reclassification procedures adopted by the Commission. See 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (December 20, 2000). The licensee of Station WUSW did not respond to an Order to Show Cause why Station WUSW should not be downgraded from Channel 279C to Channel 279C0. Therefore, the Commission has reclassified Station WUSW to Channel 279C0. Channel 226C3 can be allotted with a site restriction of 19.5 kilometers (12.1 miles) northeast of Sumrall, at reference coordinates of 31-33-15 NL and 89-24-50 WL.

The Department of the Army is revising our rule in support of the Freedom of Information Act as required by public law and updating the provisions for access and release of information from all Army information systems (automated and manual) that further supports the Army's Records Management Program. This rule finalizes the proposed rule that was published in the Federal Register on December 28, 2004.

This document proposes to amend the regulations governing various aspects of the education programs the Department of Veterans Affairs (VA) administers, in order to implement some provisions of the Veterans Benefits and Health Care Improvement Act of 2000, the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and the Veterans Claims Assistance Act of 2000 that affect those programs. Specifically, these statutory provisions include provisions for payment, under Survivors' and Dependents' Educational Assistance, the Post-Vietnam Era Veterans' Educational Assistance Program, and the Montgomery GI BillActive Duty, for the cost of taking tests for licensure or certification. They also include provisions for payment under the Montgomery GI BillActive Duty of the difference between the portion of tuition and expenses covered by tuition assistance programs administered by the various military departments and the actual charges made by educational institutions. In addition, this document proposes rules regarding the timing and the scope of assistance VA will provide to claimants under the education programs VA administers who file substantially complete applications for benefits, or who attempt to reopen previously denied claims. The proposed rule would make other changes in the education benefits regulations that are nonsubstantive changes for the purpose of clarity, technical changes, or restatements of statutory provisions.

In accordance with the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (``ASC'') is soliciting comments on the need for the collection of information contained in 12 CFR part 1102, subpart B, Rules of Practice for Proceedings. The ASC also requests comments on the practical utility of the collection of information; the accuracy of the burden hour estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performances of the Kachemak Bay (Alaska) National Estuarine Research Reserve, the Apalachicola (Florida) National Estuarine Research Reserve, the Michigan Coastal Management Program, the Virginia Coastal Management Program, and the Indiana Coastal Management Program. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meeting during the site visits. The Kachemak Bay (Alaska) National Estuarine Research Reserve evaluation site visit will be held April 3-6, 2006. One public meeting will be held during the week. The public meeting will be held on Wednesday, April 5, 2006, at 7 p.m. at the Kachemak Bay National Estuarine Research Reserve, Alaska Islands and Ocean Visitor Center, 95 Sterling Highway, Homer, Alaska. The Apalachicola (Florida) National Estuarine Research Reserve evaluation site visit will be held May 1-3, 2006. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 3, 2006 at 6:30 p.m. at the Apalachicola Community Center, 222 6th Street, Apalachicola, Florida. The Michigan Coastal Management Program evaluation site visit will be held May 8-12, 2006. One public meeting will be held during the week. The public meeting will be held on Thursday, May 11, 2006, at 7 p.m. at Northwestern Michigan College, Great Lakes Campus, Great Lakes Water Studies Institute, Room 112, 715 East Front Street, Traverse City, Michigan. The Virginia Coastal Management Program evaluation site visit will be held May 15-19, 2006. One public meeting will be held during the week. The public meeting will be held on Monday, February 14, 2006, at 4 p.m. at the Department of Environmental Quality, First Floor Conference Room, 629 East Main Street, Richmond, Virginia. The Indiana Coastal Management Program evaluation site visit will be held May 30-June 2, 2006. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 31, 2006, at 6 p.m. at the Westchester Public Library Service Center, 100 West Indiana Avenue, Chesterton, Indiana. Copies of states' most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the states, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the public meeting held for a Program. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluations are completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the South Carolina and Maine Coastal Management Programs (CMPs) and the Wells (Maine) National Estuarine Research Reserve (NERR). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The states of South Carolina and Maine were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. The Wells (Maine) NERR was found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov.

In response to a request from Carpenter Technology Corporation, Dunkirk Specialty Steel, LLC (a subsidiary of Universal Stainless & Alloy Products) and North American Stainless (the ``Domestic Interested Parties''), domestic producers of stainless steel wire rod, the Department of Commerce (the ``Department'') initiated an administrative review of the antidumping duty order on stainless steel wire rod from Taiwan. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 61601 (October 25, 2005) (``Initiation Notice''). The period of review (``POR'') is September 1, 2004, through August 31, 2005. The Department is now rescinding this review because the Domestic Interested Parties have withdrawn their request.

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The 2005 edition of the Federal Radionavigation Plan (FRP) has been published and is available for comment. All comments, concerns, and suggestions regarding the current policies and plans in the 2005 FRP will be considered in formulation of the 2007 FRP. The policies in the 2005 FRP focus on transition to GPS based services, recognizing the need to maintain backup navigation aids and provide redundant radionavigation service where required. The FRP is the official source of radionavigation policy and planning for the Federal Government, as directed by the National Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 2281(c)). It is prepared jointly by the U.S. Departments of Defense (DoD), U.S. Department of Transportation (DOT), and Homeland Security (DHS) with the assistance of other government agencies. This edition of the FRP updates and replaces the 2001 FRP and covers common- use radionavigation systems (i.e., systems used by both civil and military sectors). Systems used exclusively by the military are covered in the Chairman, Joint Chiefs of Staff (CJCS) Master Positioning, Navigation, and Timing Plan (MPNTP). The FRP includes the introduction, policies, operating plans, system selection considerations, and research and development sections. The companion document entitled Federal Radionavigation Systems (FRS) contains information on government roles and responsibilities, user requirements, and systems descriptions, and is published separately from the FRP. The FRS is periodically updated as necessary.

NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) for calendar year 2006 is established at zero lobsters.

Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held February 28, March 1, and March 2, 2006 at the Hotel Washington, Washington, DC. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

In compliance with the Paperwork Reduction Act, 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. This ICR is scheduled to expire on April 30, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

Pursuant to section 112 of the Clean Air Act, the Environmental Protection Agency is announcing the availability of Version 3 of the CAP88-PC model used to demonstrate compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAPs) applicable to radionuclides. CAP88-PC is approved for this use by EPA. Version 3 includes an expanded library of radionuclides and incorporates updated radionuclide risk conversion factors. Hence, it is recommended that Version 3 be used for future compliance demonstrations.