April 2006 – Federal Register Recent Federal Regulation Documents

This document allots new channels to the communities of Coalgate, Oklahoma and Silver Springs Shores, Florida. See SUPPLEMENTARY INFORMATION, infra.

The Coast Guard is establishing a temporary safety zone on the Columbia River in the vicinity of the Trojan Power Plant. The Captain of the Port, Portland, Oregon is taking this action to safeguard individuals and vessels from safety hazards associated with the implosion of the Trojan Power Plant cooling tower. Entry into this safety zone is prohibited unless authorized by the Captain of the Port.

This final rule amends the Federal Travel Regulation (FTR) by clarifying that advance payment of discounted conference fees may be treated as an allowable travel advance, and by adding a new section to allow for the reimbursement of the prepayment of ``early bird'' discounted registration fees to attend a conference or training seminar. This clarification is added to allow agencies to take advantage of discounted ``early bird'' registration discounts, thereby saving Government funds. The FTR and any corresponding documents may be accessed at GSA's website at https://www.gsa.gov/ftr.

NCUA is adopting changes to update, clarify and simplify the Federal Credit Union (FCU) Bylaws. The changes eliminate unnecessary provisions and increase the readability of the Bylaws by adding staff commentary on frequently-asked questions, new section headings and increased use of plain English. FCUs who have previously adopted Bylaws may adopt these Bylaws in whole or in part, or they may retain their current Bylaws.

The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR), to clarify existing authority under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701-796l, and 5 U.S.C. 3102, that allows agencies to reimburse employees with special needs for expenses incurred for the services of an attendant while on official travel. Specifically, this final rule amends the FTR by adding reimbursement for ``services of an attendant traveling with an employee with special needs'' as a miscellaneous expense item. The FTR and any corresponding documents may be accessed at GSA's website at https:// www.gsa.gov/ftr.

NMFS issues this final rule to implement regulatory and non- regulatory management measures to reduce the incidental mortality and serious injury (bycatch) of the western North Atlantic coastal bottlenose dolphin stock (dolphin) (Tursiops truncatus) in the mid- Atlantic coastal gillnet fishery and eight other coastal fisheries operating within the dolphin's distributional range. This final rule also revises the large mesh size restriction under the mid-Atlantic large mesh gillnet rule for conservation of endangered and threatened sea turtles (mid-Atlantic large mesh gillnet rule) to provide consistency among Federal and state management measures. The measures contained in this final rule will implement gillnet effort reduction, gear proximity requirements, gear or gear deployment modifications, and outreach and education measures to reduce dolphin bycatch below the marine mammal stock's potential biological removal level (PBR).

This document grants a petition filed by Charles Crawford requesting the allotment of Channel 296C3 at Paint Rock, Texas, as the community's first local aural transmission service. See SUPPLEMENTARY INFORMATION.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 and -200PF series airplanes equipped with Pratt & Whitney engines. This AD requires repetitive detailed inspections to detect and correct any gap between the strut fitting and the forward engine mount assembly and applicable related investigative actions, corrective actions, and other specified actions. This AD results from a report indicating that gaps had been found between the strut fitting and the forward engine mount assembly. We are issuing this AD to detect and correct any gaps between the strut fitting and the forward engine mount assembly of both engines, which could result in separation of the engine from the wing and subsequent loss of control of the airplane.

This regulation establishes an exemption from the requirement of a tolerance for residues of the Pantoea agglomerans strain C9-1 on pears and apples when applied or used as a microbial pesticide. Nufarm, Inc. 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 Pantoea agglomerans strain C9-1.

This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Bacillus Thuringiensis VIP3A Insect Control Protein in cotton when applied or used as a plant incorporated protectant. Syngenta Seeds, Inc. 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 extension to the existing temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus Thuringiensis VIP3A Insect Control Protein. The temporary tolerance exemption will expire on May 1, 2007. This regulation also removes 40 CFR 180.1247 Bacillus Thuringiensis VIP3A Insect Control Protein and establishes 40 CFR 174.452 Bacillus Thuringiensis VIP3A Insect Control Protein under Part 174Procedures and Requirements for Plant-incorporated protectants.

The Audio Division, at the request of Radio and Investments, Inc., licensee of Station KDDK(FM), Channel 288A, Franklin, Louisiana, deletes Channel 288A at Franklin, Louisiana, from the FM Table of Allotments, allots Channel 288A at Addis, Louisiana, as the community's first local FM service, and modifies the license of Station KDDK(FM) to specify operation on Channel 288A at Addis. With a consensual change in reference coordinates for Station KEUN-FM, Channel 288A, Eunice, Louisiana, to 30-23-25 NL and 92-29-00 WL, Channel 288A can be allotted to Addis, Louisiana, in compliance with the Commission's minimum distance separation requirements with a site restriction of 4.4 km (2.7 miles) southwest of Addis. The coordinates for Channel 288A at Addis, Louisiana, are 30-19-03 North Latitude and 91-17-05 West Longitude.

The Coast Guard proposes to establish special local regulations for ``Atlantic County Day at the Bay'', an aerial demonstration to be held over the waters of Great Egg Harbor Bay adjacent to the City of Somers Point, New Jersey. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Great Egg Harbor Bay adjacent to Somers Point, New Jersey during the aerial demonstration.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as threatened or endangered, under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We find that the petition and additional information in our files do not present substantial scientific or commercial information indicating that listing these species may be warranted. We will not be initiating a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to these species.

NMFS is closing directed fishing for yellowfin sole by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the second seasonal allowance of the 2006 halibut bycatch allowance specified for the trawl yellowfin sole fishery category in the BSAI.

The Coast Guard has approved a temporary deviation from the regulations governing the operation of the Jordan Bridge across the Southern Branch of the Elizabeth River, at mile 2.8, in Chesapeake, Virginia. This deviation allows the drawbridge to be maintained in the limited open-to-navigation position at 90 feet above mean high water each day from 8 a.m. to 8 p.m. on May 13, May 14, May 20, and May 21, 2006. Mariners requiring openings in excess of 90 feet above mean high water are requested to provide at least two hours advance notice to the Jordan Bridge Office at (757) 545-4695. This deviation is necessary to facilitate the completion of repairs to the counterweight system.

In this issue of the Federal Register, the IRS is issuing temporary regulations that provide guidance needed to comply with amendments enacted by the American Jobs Creation Act of 2004, Public Law 108-357, 118 Stat. 1418 (October 22, 2004) (AJCA) and the Gulf Opportunity Zone Act of 2005, Public Law 109-135, 119 Stat. 2577 (December 22, 2005) (GOZA), concerning the treatment of dividends from noncontrolled section 902 corporations. The AJCA modified the treatment under section 904(d)(4) of dividends from noncontrolled section 902 corporations effective for taxable years beginning after December 31, 2002. GOZA permits taxpayers to elect to defer the effective date of the AJCA amendments until taxable years beginning after December 31, 2004. The temporary regulations affect domestic corporations that own stock in foreign corporations and that claim foreign tax credits. The text of those temporary regulations published in this issue of the Federal Register also serves as the text of these proposed regulations.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the requirements for including insurance companies in a life-nonlife consolidated return. The text of those regulations also serves as the text of these proposed regulations. These regulations affect corporations filing life-nonlife consolidated returns.

The General Services Administration is amending the Federal Management Regulation (FMR) language that pertains to personal property by correcting references to outdated or superceded provisions of law or regulation; correcting text to be in conformance with revised laws, regulation, or Federal agency responsibilities; and clarifying text where the intended meaning could be updated or made clearer. The FMR and any corresponding documents may be accessed at GSA's Web site at https://www.gsa.gov/fmr.

Georgia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Georgia. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

The National Oceanic and Atmospheric Administration (NOAA) issues regulations revising the agency's requirements for the licensing, monitoring and compliance of operators of private Earth remote sensing space systems under Title II of the Land Remote Sensing Policy Act of 1992 (the Act). These regulations implement the provisions of the Act, as amended by the 1998 Commercial Space Act, and the 2003 U.S. Commercial Remote Sensing Policy. They are also derived from experience gained since August 2000 with respect to the licensing of commercial remote sensing space systems, and include improvements that take into account public comments received on the regulations. They are intended to facilitate the development of the U.S. commercial remote sensing industry and promote the collection and widespread availability of Earth remote sensing data, while preserving essential U.S. national security interests, foreign policy and international obligations.

We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs to implement changes arising from our continuing experience with these systems, and to implement a number of changes made by the Deficit Reduction Act of 2005 (Pub. L. 109-171). In addition, in the Addendum to this proposed rule, we describe the proposed changes to the amounts and factors used to determine the rates for Medicare hospital inpatient services for operating costs and capital-related costs. We also are setting forth proposed rate-of-increase limits as well as proposed policy changes for hospitals and hospital units excluded from the IPPS that are paid in full or in part on a reasonable cost basis subject to these limits. These proposed changes would be applicable to discharges occurring on or after October 1, 2006. In this proposed rule, we discuss our proposals to refine the diagnosis-related group (DRG) system under the IPPS to better recognize severity of illness among patientsfor FY 2007, we are proposing to use a hospital-specific relative value cost center weighting methodology to adjust DRG relative weights and in FY 2008 (if not earlier), to implement consolidated severity-adjusted DRGs or alternative severity adjustment methods. Among the other policy changes that we are proposing to make are changes related to: limited revisions of the reclassification of cases to DRGs; the long-term care (LTC)-DRGs and relative weights; the wage data, including the occupational mix data, used to compute the wage index; applications for new technologies and medical services add-on payments; payments to hospitals for the direct and indirect costs of graduate medical education; submission of hospital quality data; payments to sole community hospitals and Medicare-dependent, small rural hospitals; and provisions governing emergency services under the Emergency Medical Treatment and Labor Act of 1986 (EMTALA). We are also inviting comments on a number of issues including performance-based hospital payments for services and health information technology, as well as how to improve data transparency for consumers.

This order announces a mail classification docket to consider and clarify domestic mail classification schedule language pertaining to Express Mail Second Day service. The proposed change, if adopted, will help clarify delivery guarantees.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 984, which regulates the handling of walnuts grown in California. The amendments are proposed by the Walnut Marketing Board (Board), which is responsible for local administration of order 984. The amendments would: Change the marketing year; include ``pack'' as a handler function; restructure the Board and revise nomination procedures; rename the Board and add authority to change Board composition; modify Board meeting and voting procedures; add authority for marketing promotion and paid advertising; add authority to accept contributions, and to carry over excess assessment funds; broaden the scope of the quality control provisions and add the authority to recommend different regulations for different market destinations; add authority for the Board to appoint more than one inspection service; replace outdated order language with current industry terminology; and other related amendments. The USDA proposes three additional amendments: To establish tenure limitations for Board members, to require that continuance referenda be conducted on a periodic basis to ascertain producer support for the order, and to make any changes to the order as may be necessary to conform with any amendment that may result from the hearing. The proposed amendments are intended to improve the operation and functioning of the marketing order program.

The FAA proposes to revise an earlier proposed airworthiness directive (AD) that applies to all Mitsubishi Heavy Industries MU-2B series airplanes. The earlier NPRM would have required you to do the following: Remove and visually inspect the wing attach barrel nuts, bolts, and retainers for cracks, corrosion, and fractures; replace any cracked, corroded, or fractured parts; inspect reusable wing attach barrel nuts and bolts for deformation and irregularities in the threads; replace any deformed or irregular parts; and install new or reusable parts and torque to the correct value. The earlier NPRM resulted from a recent safety evaluation that used a data-driven approach to evaluate the design, operation, and maintenance of the MU- 2B series airplanes in order to determine their safety and define what steps, if any, are necessary for their safe operation. This proposed AD would retain the actions from the earlier NPRM, add airplanes to the applicability, revise the serial numbers of the affected airplanes, and update the manufacturer's contact information. This proposed AD results from the manufacturer revising the service information to include two additional airplane models. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these additional actions.

The FHWA proposes to require the use of high-visibility safety apparel for workers who are working within the Federal-aid highway rights-of-way. This action would decrease the likelihood of fatalities or injuries to workers on foot who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction vehicles or equipment while working within the rights-of-ways of Federal-aid highways. This proposal is in response to section 1402 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1227.