March 2006 – Federal Register Recent Federal Regulation Documents

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 8611, Recapture of Low-Income Housing Credit.

This notice does several things. First, it summarizes comments FTA received in response to information about a new program for Public Transportation on Indian Reservations Program (hereafter referred to as the Tribal Transit Program) included in an earlier Federal Register notice dated November 30, 2005 (70 FR 71950), ``FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users,'' and details FTA's response to those comments. Second, it announces the process FTA proposes to use to allocate available funds starting in FY 2006 and the grant program provisions that FTA proposes to apply to the program. Third, the notice seeks further comment on the proposed process and grant program provisions. Finally, the notice announces two (2) public meetings sponsored by FTA to provide direct outreach to tribal governments about the Tribal Transit Program and allow for discussion of this notice.

The Coast Guard proposes the establishment of a safety zone for the annual Greater Cleveland area Triathlon located in the Captain of the Port Buffalo Zone. This safety zone is necessary to provide for the safety of life during the swimming portion of this event. This action is intended to restrict vessel traffic within the immediate vicinity of the event from 6 a.m. (local) until noon (local) on the 12th and 13th of August 2006.

This notice explains the details associated with the establishment of Sector Southeastern New England. The date on which the boundaries of the areas of responsibility discussed herein shifted was February 28, 2006, the date of the official stand-up of Sector Southeastern New England. The Sector Commander has the authority, responsibility, and missions of Group Woods Hole, Captain of the Port (COTP) and Marine Safety Office Providence in the zone identified in this notice. The Coast Guard has established continuity of operations whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official or document.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The Coast Guard proposes to establish special local regulations during the ``Pepsi Americas' Sail 2006'', tall ships parade and race to be held on Onslow Bay, Beaufort Inlet, inland waters of the Morehead City State Port and Beaufort Waterfront. This special local regulation is necessary to provide for the safety of life on navigable waters during the event. This proposed action is intended to restrict vessel traffic in segments of coastal North Carolina in the vicinity of Onslow Bay, Beaufort Inlet, inland waters of Morehead City State Port and Beaufort Harbor during the parade of sail and tall ship race.

The Rockies Express Pipeline LLC (Rockies Express) has requested a waiver of compliance from the pipeline safety regulation that prescribes the design factor to be used in the design formula for steel pipe. The waiver will allow Rockies Express to operate at hoop stresses up to 80 percent specified minimum yield strength (SMYS) in Class 1 locations.

Maritimes & Northeast Pipeline, L.L.C. (M&N) requests a waiver of compliance for the U.S. portion of its pipeline system in Class 1, 2, and 3 locations to operate at stress levels up to 80 percent; 67 percent; and 56 percent respectively, of the pipeline's specified minimum yield strength (SMYS).

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).

The Fish and Wildlife Service (Service) proposes regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walrus during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 16-month Beaufort Sea incidental take regulations that were effective from November 28, 2003, through March 28, 2005 (68 FR 66744; November 28, 2003). We are proposing that this rule be effective for 5 years from date of issuance. We propose a finding that the total expected takings of polar bear and Pacific walrus during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 12 years of data on the encounters and interactions between polar bears, Pacific walrus, and Industry; recent studies of potential effects of Industry on these species; and oil spill risk assessments using oil spill trajectory models, polar bear density models, potential and documented Industry impacts on these species, and models to determine the likelihood of impacts to polar bears should an accidental oil release occur. We are seeking public comments on this proposed rule.

EPA is publishing this action to provide the public with notice of the update to the Vermont State Implementation Plan (SIP) compilation. In particular, materials submitted by Vermont that are incorporated by reference (IBR) into the Vermont SIP are being updated to reflect EPA-approved revisions to Vermont's SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of a certain typographical error within the table in the regulations, and modification of the Federal Register citations to reflect the first page of the applicable Federal Register document.

The Federal Communications Commission, 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), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 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.

On February 4, 2004, the Centers for Disease Control and Prevention (CDC) within the U.S. Department of Health and Human Services issued an order to ban immediately the import of all birds (Class: Aves) from specified Southeast Asian countries, subject to limited exemptions for returning pet birds of U.S. origin and certain processed bird-derived products. HHS/CDC took this step because birds from these countries potentially can infect humans with avian influenza (influenza A/ [H5N1]). The February 4, 2004, order complemented a similar action taken at the same time by the Animal and Plant Health Inspection Services (APHIS) within the U.S. Department of Agriculture (USDA). On March 10, 2004, HHS/CDC lifted the embargo of birds and bird products from the Hong Kong Special Administrative Region (HKSAR) because of the documented public-health and animal health measures taken by Hong Kong officials to prevent spread of the outbreak with the HKSAR, and the absence of highly pathogenic avian influenza H5N1 cases in Hong Kong's domestic and wild bird populations. USDA/APHIS took a similar action. On September 28, 2004, HHS/CDC extended the embargo on birds and bird products to include Malaysia because of the documented cases of highly pathogenic avian influenza A H5N1 in poultry in Malaysia. On July 20, 2005, USDA/APHIS adopted as a final rule the interim rule that became effective on February 4, 2004, which amended its regulations to prohibit or restrict the importation of birds, poultry, and unprocessed birds and poultry products from regions that have reported the presence of highly pathogenic avian influenza H5N1 in poultry. (See 70 Federal Register 41608 [July 20, 2005].) As the United Nations Food and Agriculture Organization and the World Organization for Animal Health (OIE) have confirmed additional cases of highly pathogenic avian influenza (H5N1), USDA/APHIS has added additional countries to its ban. On December 29, 2005, HHS/CDC added the Republic of Kazakhstan, Romania, the Russian Federation, the Republic of Turkey, and Ukraine to its current embargo because of documented cases of highly pathogenic avian influenza H5N1 in poultry in those countries. On February 8, 2006, HHS/CDC added Nigeria to its embargo because of the documentation of highly pathogenic avian influenza H5N1 in poultry. On February 22, 2006, HHS/CDC added India to its embargo because of documentation of highly pathogenic avian influenza H5N1 in poultry. On February 27, 2006, added Egypt to its embargo because of documentation of highly pathogenic avian influenza H5N1 in poultry. On March 2, 2006, CDC issued an amendment adding Niger to its embargo after H5N1 was confirmed in poultry. On February 24, 2006, OIE reported confirmation of highly pathogenic avian influenza H5N1 in poultry in Azerbaijan. On March 7, 2006, OIE reported confirmation of highly pathogenic avian influenza H5N1 in poultry in Albania. On March 11, 2006, OIE reported confirmation of highly pathogenic avian influenza H5N1 in poultry in Cameroon. On March 12, 2006, OIE reported confirmation of highly pathogenic avian influenza H5N1 in poultry in Myanmar. USDA/APHIS subsequently added Albania, Azerbaijan, Cameroon, and Myanmar to their ban. At this time, HHS/CDC is adding Albania, Azerbaijan, Cameroon, and Myanmar to its current embargo. This action is effective on March 15, 2006, and will remain in effect until further notice.

The Forest Service will prepare an Environmental Impact Statement (EIS) to document the analysis and disclose the environmental impacts of proposed actions to harvest trees and associated transportation management activities. The purpose and need identified for the Fishel project area is to: Improve structural diversity (age/size class) and species diversity in the northern hardwood interior block habitats and maintain forest composition while improving riparian habitat, contributing toward satisfying demand for timber products, and to provide an efficient road system that will meet long-term transportation needs to move the Fishel project area towards the desired conditions as described in the 2004 Forest Plan. Actions are proposed to meet or move towards meeting Forest Plan goals 1.1, 1.2, 1.4, 2.5, 3.1, as well as meet Forest Plan objectives through design features and treatment mitigation. The project area is located on public lands administered by the Eagle River-Florence Ranger District approximately 30 miles northeast of Rhinelander, Wisconsin. It is located approximately 10 miles northeast of Eagle River, bordered on the west and north by Big Sand Lake and the Michigan border, on the east by State highway 55 and on the south by State Highway 70. No Action is one alternative that will be considered. Additional alternatives will be formulated based on public issues, and response analysis. The proposed action involves harvesting approximately 16.9 MMBF (million board feet) of green trees from approximately 5,517 acres within an analysis area of about 35,200 acres. Harvest of trees would be by ground based (tractor) methods during the winter months. Most harvested areas would be open to natural regeneration with some areas planted to longer lived white pine near trout streams, and jack pine for age class diversity. Road work would include construction of 2.1 miles of new road and 23.7 miles of road reconstruction to access harvest activity stands. The transportation management proposal includes construction of 2.1 miles of new road, 23.7 miles of road reconstruction and 44.6 miles of road decommissioning to move towards the road densities identified in the Forest Plan. After the project is completed, approximately 107 miles of existing Forest Service Roads are proposed to remain open and be maintained.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to correct the inadvertent omission of appropriate references in the FAR pertaining to termination for cause of those purchase orders that have been accepted in writing. The Government is soliciting comments from interested parties to ensure the language in this proposed rule is clear in stating the appropriate termination coverage for commercial purchase orders that have been accepted in writing by the contractor.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning change order accounting. A request for public comments was published in the Federal Register at 71 FR 2914, January 18, 2006. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Coast Guard is establishing a temporary safety zone on the waters within Tampa Bay, Florida in the vicinity of the St Petersburg Municipal Yacht Basin. The safety zone is needed to ensure the safety of all mariners during the St Petersburg Grand Prix. This rule is necessary to provide for the safety of life on the navigable waters of the United States.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Materials Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

Section 3011(c) of SAFETEA-LU authorizes the Secretary of Transportation to establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. This notice solicits comments and preliminary expressions of interest with respect to the Secretary of Transportation's establishment and implementation of the pilot program.