February 2006 – Federal Register Recent Federal Regulation Documents

This document contains final regulations under section 951(a) of the Internal Revenue Code (Code) regarding a United States shareholder's pro rata share of a controlled foreign corporation's (CFC's) subpart F income, previously excluded subpart F income withdrawn from investment in less developed countries, and previously excluded subpart F income withdrawn from foreign base country shipping operations. These regulations are intended to ensure that a CFC's earnings and profits for a taxable year attributable to a section 304 transaction will not be allocated in a manner that results in the avoidance of Federal income tax. These regulations are also intended to ensure that earnings and profits of a CFC are not allocated to certain preferred stock in a manner inconsistent with the economic interest that such stock represents.

At the request of Cumulus Licensing, LLC, licensee of Station KRWP(FM), Beaumont, Texas, the Audio Division reallots Channel 248C from Beaumont to Mont Belvieu, Texas, as the community's first local aural transmission service, and modifies the license for Station KRWP(FM) to reflect the changes. See 69 FR 77976, December 29, 2004. Channel 248C is reallotted at Mont Belvieu at Station KRWP(FM)'s license site 50.1 kilometers (31.1 miles) east of the community at coordinates 29-41-52 NL and 94-24-09 WL.

This document grants a petition filed by Meridian Broadcasting Inc., licensee of Station WTLT(FM), Channel 229C3, Naples, Florida, requesting the substitution of Channel 229C2 for Channel 229C3 at Naples, Florida, reallotment of Channel 229C2 from Naples to Sanibel, Florida, as its first local service, and modification of the Station WTLT(FM) license to reflect the change. See 70 FR 19400, published April 13, 2005. Channel 229C2 can be allotted to Sanibel in conformity with the Commission's rules, provided there is a site restriction of 8.3 kilometers (5.2 miles) northwest at coordinates 26-30-00 NL and 82- 05-00 WL.

At the request of the Petitioner, this document dismisses a petition for rulemaking filed by Ruby Radio Corporation, licensee of Station KCLS(FM), Ely, Nevada, proposing the substitution of Channel 269C1 for Channel 269C3 at Ely, the reallotment of Channel 269C1 from Ely to Spring Creek, Nevada, as the community's first local transmission service, and the modification of the license for Station KCLS(FM) to reflect the new community.

In response to a Notice of Proposed Rule Making, 70 FR 59293 (October 12, 2005), this Report and Order allots Channel 229C3 to St. Simons Island, Georgia, as its second local aural transmission service. The coordinates for Channel 229C3 at St. Simons Island, Georgia, are 31-14-54 NL and 81-29-57 WL, with a site restriction of 16.4 kilometers (10.2 miles) northwest of the center city coordinates for St. Simons Island. Further, the Report and Order reclassifies Station WOGK(FM), Ocala, Florida, from Channel 229C to Channel 229C0, in order to accommodate the allotment of Channel 229C3 to St. Simons Island, Georgia.

The Audio Division dismisses a Petition for Rule Making filed by Charles Crawford, requesting the allotment of Channel 298A at Woodson, Texas, as the community's first local aural transmission service. Charles Crawford withdrew his petition for rulemaking. Katherine Pyeatt filed a timely counterproposal to this petition, proposing to allot Channel 248A at three communities, Woodson, Chillicothe and Henrietta, Texas, with a channel substitution at Archer City, Texas. Subsequently, Katherine Pyeatt also withdrew her counterproposal. See 69 FR 67882, November 11, 2004. No other party filed comments supporting the allotment of Channel 298A at Woodson, Texas. It is the Commission's policy to refrain from making a new allotment or reservation to a community absent an expression of interest.

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.

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 FDIC is adopting a final rule which clarifies and simplifies the procedures to be used when all of the deposit liabilities of an insured depository institution have been assumed by another insured depository institution or institutions. The final regulation would modify the current rule's requirements by: Making clear that an insured institution is required to file a ``certification'' when all of its deposits are assumed, but no certification is required if only a portion of its deposits are assumed; and requiring that the transferring institution, or its legal successor, file the certification rather than the assuming institution. The rule also clarifies that the transferring institution's status as an insured institution automatically terminates upon the FDIC's receipt of an accurate certification stating that: All of its deposits have been assumed by an insured depository institution or institutions, and the legal authority of the transferring institution to accept deposits has been terminated contemporaneously with the deposit assumption. In such a situation, and in a situation in which the FDIC has been appointed receiver of an insured institution, little practical purpose would be served by an order terminating deposit insurance, and the final rule provides that no such order will be issued in such situations. Finally, the rule would provide more specificity concerning how notice is given to depositors when an insured depository institution voluntarily terminates its insured status without the assumption of all of its deposits by an insured institution. In sum, the revisions would make the insurance termination process somewhat easier for insured depository institutions, and somewhat more efficient for the FDIC.

The Department is eliminating its rule that currently prohibits each airline that owns, controls, or operates a computer reservations system (``CRS'' or ``system'') from denying system access to two or more carriers whose flights share a single designator code and discriminating against any carrier because the carrier uses the same designator code as another carrier. The Department has determined that this rule is no longer necessary. This action is consistent with the Department's decision at the end of 2003 to eliminate its comprehensive rules governing system operations, 14 CFR part 255.

NARA is revising our regulations to provide for the appropriate management and disposition of very short-term temporary e- mail, by allowing agencies to manage these records within the e-mail system.

This document announces that the Agricultural Marketing Service (AMS) plans to review Marketing Order 925 (Grapes grown in a designated area of Southeastern California), Marketing Order 930 (Tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin), and Marketing Order 948 (Irish potatoes grown in Colorado) under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).

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.

This document contains final regulations that address the interaction of section 304 and section 367. These regulations provide that section 367(a) and (b) do not apply to a deemed section 351 exchange resulting from a section 304(a)(1) transaction. These regulations may apply to taxpayers transferring stock to related foreign corporations.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD would require an inspection of the manufacturer's date code on certain electrical relays to identify defective Leach TDH-series electrical relays and replacement of identified relays. This proposed AD results from a report of defective electrical relays affecting emergency equipment. We are proposing this AD to prevent the malfunction of emergency equipment (the passenger oxygen system, the thrust reverse control system, and the auxiliary power unit fire detection, warning, and extinguishing system) during an emergency.

We, the U.S. Fish and Wildlife Service (Service), extend for not more than six months, the time to make a decision on the proposal to delist the Preble's meadow jumping mouse (Zapus hudsonius preblei) and announce the reopening of the comment period. Since the close of the public comment period, we have received additional information which may be influential in our final decision. The extension is sought pursuant to section 4(b)(6)(B)(i) of the ESA because a recently completed and unpublished study substantially disagrees with the determination contained in the proposed rule that Preble's is not a distinct subspecies. Some of this new information conflicts with information given significant weight in the proposed rule. In order to ensure the public has full access to and an opportunity to comment on all available information, we are reopening the public comment period for 60 days. The Service will make a final decision based on the best scientific and commercial information available. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final decision and rule.

The Secretary of the Interior is establishing the Negotiated Rulemaking Advisory Committee for Dog Management to negotiate and develop a special regulation for dog management at Golden Gate National Recreation Area, in accordance with the Negotiated Rulemaking Act of 1990, 5 U.S.C. 564.

This proposed rule would establish the 2006 second and third trimester season quotas for large coastal sharks (LCS) and small coastal sharks (SCS) based on over- or underharvests from the 2005 second and third trimester seasons. In addition, this rule proposes the opening and closing dates for the LCS fishery based on adjustments to the trimester quotas. The intended effect of these proposed actions is to provide advance notice of quotas and season dates for the Atlantic commercial shark fishery.

The Pipeline and Hazardous Materials Safety Administration is revising its regulations to reflect revisions to the civil and criminal penalties in the Hazardous Materials Safety and Security Reauthorization Act (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. We are also revising baseline assessments for violations related to training and security plans and making editorial changes in our List of Frequently Cited Violations in our Guidelines for Civil Penalties. We publish our Guidelines for Civil Penalties in order to provide the regulated community and the general public with information on the hazardous material penalty assessment process.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by PR Pharmaceuticals, Inc. The supplemental NADA provides for subcutaneous injection, in the ear only, of a suspension implant of estradiol benzoate microspheres for increased rate of weight gain in suckling beef calves. It also adds the indication for use for increased rate of weight gain in steers fed in confinement for slaughter, previously approved at a lower dose, to the higher approved dose level.

The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, is amending its regulations to revise the delegation of authority to update key positions and room and phone numbers in the organization and to clarify authority to serve as the Acting Administrator, including in emergency situations where the Continuity of Operations Plan is enacted.

NMFS is implementing revisions to the 2006 commercial and recreational groundfish fishery management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. Management measures that are new for 2006 are intended to: achieve but not exceed optimum yields (OYs); prevent overfishing; rebuild overfished species; and reduce and minimize the incidental catch and discard of overfished and depleted stocks. NMFS is also revising the 2006 darkblotched rockfish OY, at the request of the Pacific Fishery Management Council (Pacific Council), and under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP) and the Magnuson-Stevens Act, are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus transport category airplanes. This AD requires replacing the existing cabin altitude indicator in the cabin pressure control panel with a new, improved cabin altitude indicator. This AD results from a report of injuries occurring on in-service airplanes when crewmembers forcibly initiated opening of passenger/crew doors against residual pressure causing the doors to rapidly open. We are issuing this AD to prevent injury to crewmembers, and subsequent damage to the airplane caused by rapid opening of the door.

This amendment adopts a new airworthiness directive (AD), applicable to all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes, that requires installation of a linear fluid- filled damper between each elevator surface and the airplane structure on both the left and right sides of the airplane, along with related structural and system modifications. The actions specified by this AD are intended to prevent pitch oscillation (vertical bouncing) of the fuselage due to excessive ice buildup on the elevator servo tab, and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.