April 2006 – Federal Register Recent Federal Regulation Documents
Results 351 - 400 of 494
Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD
The Coast Guard is permanently modifying the regulated area defined in 33 CFR 100.518, and is temporarily amending 33 CFR 100.518 to accommodate 2006 date changes for the Safety at Sea Seminar, U.S. Naval Academy Crew Races and the Blue Angels Air Show. This rule is intended to restrict vessel traffic in portions of the Severn River, to provide for safety of life on navigable waters during these events.
Migratory Bird Hunting; Proposed 2006-07 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2007 Spring/Summer Migratory Bird Subsistence Harvest Proposals in Alaska
The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2006-07 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2006-07 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2007 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.
Hazelnuts Grown in Oregon and Washington; Establishment of Final Free and Restricted Percentages for the 2005-2006 Marketing Year
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule establishing final free and restricted percentages for domestic inshell hazelnuts for the 2005-2006 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. This rule continues in effect the final free and restricted percentages of 11.4388 and 88.5612 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in other approved outlets (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), which is the agency responsible for local administration of the marketing order.
Partial Removal of Direct Final Rule Revising the California State Implementation Plan, Yolo-Solano Air Quality Management District
On February 1, 2006 (71 FR 5172), EPA published a direct final approval of a revision to the California State Implementation Plan (SIP). This revision concerned Yolo-Solano Air Quality Management District (YSAQMD) Rule 2.21, Organic Liquid Storage and Transfer. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by March 3, 2006, EPA would publish a timely withdrawal in the Federal Register. EPA received timely adverse comments. Consequently, with this action we are removing the direct final approval of YSAQMD rule 2.21. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on February 1, 2006 (71 FR 5211), or propose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. On February 1, 2006 (71 FR 5174), EPA also published an interim final determination to stay CAA section 179 sanctions associated with YSAQMD Rule 2.21 based on our concurrent proposal to approve the State's SIP revision as correcting deficiencies that initiated sanctions. This interim final determination and its stay of sanctions is not affected by this partial removal of the direct final action. Ventura County Air Pollution Control District Rule 74.14, the other rule approved in the February 1, 2006 direct final action, is not affected by this partial removal and is incorporated into the SIP as of the effective date of the February 1, 2006 direct final action.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open burning and volatile organic compound (VOC) emissions from gasoline storage and transfer. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District
EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open burning and volatile organic compound (VOC) emissions from gasoline storage and transfer. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Excepted Service-Student Program
The Office of Personnel Management (OPM) is issuing final regulations to allow certain job-related experience acquired in a structured work-study program to be credited under the Student Career Experience Program (SCEP or Program). This change will permit agencies to credit a student's job-related work-study experience toward the minimum requirement for conversion to a permanent appointment under the Program.
Airworthiness Directives; Aerospatiale Model ATR42 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Aerospatiale Model ATR42 airplanes. This AD requires one-time inspections to detect discrepancies (e.g., cracking, loose/sheared fasteners, distortion) of the upper skin and rib feet of the outer wing boxes, and repair if necessary. This AD results from a report of cracking on the upper skin and ribs of the outer wing box on an in- service airplane. We are issuing this AD to detect and correct these discrepancies, which could result in reduced structural integrity of the airplane.
Airworthiness Directives; Boeing Model 757 Airplanes Powered by Pratt & Whitney Engines
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD requires repetitive inspections for corrosion and cracking of the midspar fittings in the nacelle struts, and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. This AD results from reports of corrosion and cracking on midspar fittings on the nacelle struts of several Boeing Model 757 airplanes. We are issuing this AD to detect and correct cracking in the midspar fittings of the nacelle struts, consequent reduced structural integrity of the struts, and possible separation of an engine and strut from the airplane.
Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 Airplanes; Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-50, -60, -60F, -70, and -70F Series Airplanes; Model DC-9-10, -20, -30, -40, and -50 Series Airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) Airplanes; and Model MD-88 Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas airplanes, as listed above. That AD currently requires an initial general visual or dye penetrant inspection, repetitive dye penetrant inspections, and replacement, as necessary, of the rudder pedal bracket. This new AD also requires, for certain airplanes, replacing the rudder pedal bracket assemblies with new, improved parts, which terminates the repetitive inspections. This AD results from a report of numerous cracked rudder pedal brackets found during inspections of certain affected airplanes. We are issuing this AD to prevent failure of the rudder pedal bracket assembly, which could result in the loss of rudder and braking control at either the captain's or first officer's position.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. This AD requires modifying the control cable duct on the left bulkhead structure at frame 12, and, for certain airplanes, the forward toilet bulkhead structure. This AD results from a structural analysis by the manufacturer that revealed that rapid decompression of the flight compartment with the door closed could cause structural deformation of the left bulkhead structure at frame 12, and of the attached cable duct structure. The duct structure protects the cables for the primary flight controls. We are issuing this AD to prevent deformation of the cable duct structure in the event of a rapid decompression, which could result in restriction of the primary flight controls and consequent reduced controllability of the airplane.
Airworthiness Directives; Boeing Model 757 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 757 airplanes. This AD requires repetitive measurements of the freeplay of each of the three power control units (PCUs) that move the rudder; repetitive lubrication of rudder components; and corrective actions if necessary. This AD results from a report of freeplay-induced vibration of the rudder. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent excessive vibration of the airframe during flight, which could result in divergent flutter and loss of control of the airplane.
Airworthiness Directives; Boeing Model 757-200 and -300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes. This AD requires replacing certain electrical panels with certain new panels. This AD results from a report of some loose wire terminations in the P50 panel that caused intermittent indications in the flight deck. We are issuing this AD to prevent intermittent indications in the flight deck, incorrect circuitry operation in the panels, and airplane system malfunctions that may adversely affect the alternate flaps, alternate gear extension, and fire extinguishing.
Special Conditions: Airbus Model A380-800 Airplane; Dynamic Braking, Interaction of Systems And Structures, Limit Pilot Forces, Side Stick Controllers, Dive Speed Definition, Electronic Flight Control System-Lateral-Directional Stability, Longitudinal Stability, And Low Energy Awareness, Electronic Flight Control System-Control Surface Awareness, Electronic Flight Control System-Flight Characteristics Compliance Via the Handling Qualities Rating Method, Flight Envelope Protection-General Limiting Requirements, Flight Envelope Protection-Normal Load Factor (G) Limiting, Flight Envelope Protection-High Speed Limiting, Flight Envelope Protection-Pitch And Roll Limiting, Flight Envelope Protection-High Incidence Protection and Alpha-Floor Systems, High Intensity Radiated Fields (HIRF) Protection, and Operation Without Normal Electrical Power
These Special Conditions are issued for the Airbus A380-800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include side stick controllers, a body landing gear in addition to conventional wing and nose landing gears, electronic flight control systems, and flight envelope protection. These Special Conditions also pertain to the effects of such novel or unusual design features, such as their effects on the structural performance of the airplane. Finally, the Special Conditions pertain to the effects of certain conditions on these novel or unusual design features, such as the effects of high intensity radiated fields (HIRF) or of operation without normal electrical power. Additional Special Conditions will be issued for other novel or unusual design features of the Airbus A380- 800 airplanes. A list is provided in the section of this document entitled ``Discussion of Novel or Unusual Design Features.''
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Cirsium hydrophilum
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak) pursuant to the Endangered Species Act of 1973, as amended (Act). Approximately 2,119 acres (ac) (857 hectares (ha)) fall within the boundaries of the proposed critical habitat designation for C. hydrophilum var. hydrophilum in Solano County, California, and approximately 2,313 ac (936 ha) for C. mollis ssp. mollis in Contra Costa, Napa, and Solano Counties, California.
Cigarette Lighters; Extension of Time To Issue Proposed Rule
On April 11, 2005, the Consumer Product Safety Commission (CPSC or Commission) issued an advance notice of proposed rulemaking (ANPR) under the Consumer Product Safety Act (CPSA) that began a rulemaking proceeding addressing a possible unreasonable risk of injury and death associated with the mechanical malfunction of cigarette lighters. The CPSA provides that a proposed standard under that act must be issued within 12 months of publication of the ANPR, unless the 12-month period is extended by the Commission for good cause. In this notice, the Commission extends the period for issuing any proposed CPSA rule until December 31, 2007.
Special Local Regulations for Marine Events; Rappahannock River, Essex County, Westmoreland County, Layton, VA; Correction
This document corrects the preamble to a proposed rule published in the Federal Register of April 3, 2006, regarding a temporary special local regulation for ``2006 Rappahannock River Boaters Association Spring and Fall Radar Shootout'', power boat races to be held on the waters of the Rappahannock River near Layton, VA. This correction changes the date by which comments and related material must reach the Coast Guard, from June 2, 2006 to May 3, 2006. The change is necessary because the June 2 date does not allow adequate time to issue a final rule before June 3, 2006, the date of the first event affected by the proposed rule.
``Appliance Labeling Rule''; Energy Labeling; Public Workshop
The FTC is planning to host a public workshop to discuss current energy labeling requirements for consumer products. This workshop is part of a rulemaking that the Commission initiated on November 2, 2005 (70 FR 66307). The workshop is open to the public, and there is no fee for attendance. For admittance to the conference center, all attendees will be required to show a valid photo identification, such as a driver's license.
Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches
This rule revises the handling requirements for California nectarines and peaches by modifying the grade, size, maturity, and pack requirements for fresh shipments of these fruits, beginning with 2006 season shipments. This rule also authorizes continued shipments of ``CA Utility'' quality nectarines and peaches, establishes weight-count standards for Peento type nectarines in volume-filled containers, and eliminates the varietal container marking requirements. The marketing orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.
Sweet Cherries Grown in Designated Counties in Washington; Removal of Container Regulations
This rule removes the container regulations prescribed under the Washington sweet cherry marketing order. Specifically, this rule removes the requirement that dark-colored sweet cherries must be handled in containers having a certain net weight. The marketing order regulates the handling of fresh sweet cherries grown in designated counties in the State of Washington, and is administered locally by the Washington Cherry Marketing Committee (Committee). By eliminating the container requirements, this relaxation will provide handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging. This is expected to enhance industry marketing flexibility and efficiency.
Board of Veterans' Appeals: Rules of Practice: Public Availability of Board Decisions
The Department of Veterans Affairs (VA) is amending the Board of Veterans' Appeals (Board) Rules of Practice as relates to public availability of Board decisions, to set forth the current methods for archiving and retrieving Board decisions for public use. Due to advances in technology, Board decisions issued on or after January 1, 1992, are currently available in redacted form for public inspection and copying on Web sites that are accessible through the Internet. This is an improvement from the past practice of archiving Board decisions in microfiche form with an accompanying index to facilitate public access to the decisions.
Charter Service
Pursuant to the direction contained in the Joint Explanatory Statement of the Committee of Conference, for section 3023(d), ``Condition on Charter Bus Transportation Service'' of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, FTA is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for improving the regulation regarding the prohibition of FTA grant recipients from providing charter bus service. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., charter bus companies, public transportation operators, and other interested parties. This document lists the committee members, issues to be addressed by the committee, and proposed meeting dates, time, and location.
Mortgagee Time Limits for Supplemental Claims for Additional Insurance Benefits
This final rule amends HUD's regulations to establish a time limit for filing supplemental multifamily mortgage insurance claims. The time limit established will provide an incentive for mortgagees to complete all mortgage insurance claims in a timely manner. This final rule revises and further defines the term ``final payment.'' This final rule follows publication of a May 6, 2005, proposed rule, and takes into consideration the public comments received on the proposed rule.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish by Vessels Using Non-Pelagic Trawl Gear in the Red King Crab Savings Subarea
NMFS is closing directed fishing for groundfish with non- pelagic trawl gear in the red king crab savings subarea (RKCSS) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 red king crab prohibited species catch (PSC) limit that is specified for the RKCSS of the BSAI.
Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant's Compliance With the Disposal Regulations: Recertification Decision
With this notice, the Environmental Protection Agency (EPA) recertifies that the U.S. Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP) continues to comply with the ``Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High- Level and Transuranic (TRU) Radioactive Waste.'' EPA initially certified that WIPP met applicable regulatory requirements on May 18, 1998, and the first shipment of waste was received at WIPP on March 26, 1999. Today's action represents the first instance of EPA's periodic evaluation of WIPP's continued compliance with the disposal regulations and WIPP Compliance Criteria. The compliance criteria implement and interpret the disposal regulations specifically for WIPP. As directed by Congress in the WIPP Land Withdrawal Act (LWA), this ``recertification'' will occur five years after the WIPP's initial receipt of TRU waste (March 26, 1999), and every five years thereafter until the end of the decommissioning phase. For each recertification including the one being announced with today's actionDOE must submit documentation of the site's continuing compliance with the disposal regulations to EPA for review. In accordance with the WIPP Compliance Criteria, documentation of continued compliance was made available in EPA's dockets, and the public was provided at least a 30-day period in which to submit comments. In addition, all recertification decisions must be announced in the Federal Register, as this first recertification is today. According to the WIPP LWA, Section 8(f), these periodic recertification determinations are not subject to rulemaking or judicial review. Today's action is not a reconsideration of the decision to open WIPP. Rather, recertification is a process that evaluates changes at WIPP to determine if the facility continues to meet all the requirements of EPA's disposal regulations. The recertification process ensures that WIPP's continued compliance is demonstrated using the most accurate, up-to-date information available. Today's recertification decision is based on a thorough review of information submitted by DOE, independent technical analyses, and public comments. The Agency has determined that DOE continues to meet all applicable requirements of the WIPP Compliance Criteria, and with this notice, recertifies the WIPP facility. This recertification decision does not otherwise amend or affect EPA's radioactive waste disposal regulations or the WIPP Compliance Criteria.
Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule; Extension of Comment Period
This document extends the public comment period established for the Proposed Significant New Use Rule for Perfluoroalkyl Sulfonates in the Federal Register issued on March 10, 2006 (71 FR 12311) (FRL- 7740-6). In that proposed rule, EPA proposed to amend a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include certain perfluoroalkyl sulfonates (PFAS) substances. EPA proposed to amend the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 containing the remaining PFAS chemicals on the TSCA Inventory that are not already regulated by the SNUR. EPA believes that action is necessary because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities.
Administrative Review Process for Adjudicating Initial Disability Claims; Correction
The Social Security Administration is correcting a final rule that appeared in the Federal Register on March 31, 2006 (71 FR 16424). The document amends our administrative review process for applications for benefits that are based on whether you are disabled under title II of the Social Security Act (the Act), or applications for supplemental security income (SSI) payments that are based on whether you are disabled or blind under title XVI of the Act.
National Industrial Security Program Directive No. 1
The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is publishing this Directive pursuant to section 102(b)(1) of Executive Order 12829, as amended, relating to the National Industrial Security Program. This order establishes a National Industrial Security Program (NISP) to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government. Redundant, overlapping, or unnecessary requirements impede those interests. Therefore, the NISP serves as the single, integrated, cohesive industrial security program to protect classified information and to preserve our Nation's economic and technological interests. This Directive sets forth guidance to agencies to set uniform standards throughout the NISP that promote these objectives.
Testimony by MSPB Employees and Production of Official Records in Legal Proceedings
This final rule amends the Merit Systems Protection Board's (MSPB or ``the Board'') rules by setting out procedures that requesters have to follow when making demands on or requests to an MSPB employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the MSPB is not a party. The final rule establishes procedures to respond to such demands and requests in an orderly and consistent manner. The final rule promotes uniformity in decisions, protects confidential information, provides guidance to requesters, and reduces the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources.
Medical Gas Containers and Closures; Current Good Manufacturing Practice Requirements
The Food and Drug Administration (FDA) is proposing to amend its current good manufacturing practice (CGMP) regulations to include new requirements for the label, color, dedication, and design of medical gas containers and closures. These requirements are intended to do the following: Make the contents of medical gas containers more readily identifiable, reduce the likelihood that containers of industrial or other gases would be inappropriately connected to medical oxygen supply systems, and reduce the risk of contamination of medical gases. FDA is also proposing to include medical air, oxygen, and nitrogen among, and exclude cyclopropane and ethylene from, those gases intended for drug use that are exempt from certain labeling requirements.
Percentages for Direct and Counter-Cyclical Program Advance Payments
This final rule implements the provisions of the Agricultural Reconciliation Act of 2005 regarding percentages used to determine payment amounts for producers electing to receive advance payments through the Direct and Counter-Cyclical Program. Reducing the direct payment advance percentages shifts payments between fiscal years, but will have no impact on total payments.
Airworthiness Directives; BURKHART GROB LUFT-UND-RAUMFAHRT GmbH & Co. KG, Model G 103 C Twin III SL Sailplanes
The FAA adopts a new airworthiness directive (AD) that supersedes AD 97-24-09, which applies to certain BURKHART GROB LUFT- UND-RAUMFAHRT GmbH & Co. KG (Grob) Model G 103 C Twin III SL sailplanes. AD 97-24-09 currently requires repetitively inspecting the propeller bearing and upper pulley wheel for increased play and, if increased play is found, modifying the propeller bearing and pulley wheel. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. Consequently, this AD requires you to modify the propeller bearing and upper pulley wheel by installing a new securing plate and tightening the grooved nut to the new torque values. We are issuing this AD to prevent loss of the sailplane propeller caused by increased play in the current design propeller bearing and upper pulley wheel. This could result in loss of control of the sailplane.
NOAA Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers; Fisheries off West Coast States; Fisheries in the Western Pacific
NMFS reorganizes existing fishery regulations by creating a new part for western Pacific regulations. This rule organizes the regulations into a logical and cohesive order; it does not make substantive changes to existing fishery regulations. This rule also amends references to the Paperwork Reduction Act (PRA) information collection requirements to reflect the reorganization. The purpose of this rule is to make the regulations better organized and easier for the public to use.
Application of Section 338 to Insurance Companies
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide guidance under section 197 that apply to the treatment of certain insurance contracts assumed in an assumption reinsurance transaction and section 338 that apply to a deemed sale or acquisition of an insurance company's assets pursuant to an election under section 338 of the Internal Revenue Code, to a sale or acquisition of an insurance trade or business subject to section 1060, and to the acquisition of insurance contracts through assumption reinsurance. The text of those regulations also serve as the text of these proposed regulations.
Application of Section 338 to Insurance Companies
This document contains final regulations that apply to a deemed sale or acquisition of an insurance company's assets pursuant to an election under section 338 of the Internal Revenue Code, to a sale or acquisition of an insurance trade or business subject to section 1060, and to the acquisition of insurance contracts through assumption reinsurance. It also contains final regulations under section 381 concerning the effect of certain corporate liquidations and reorganizations on certain tax attributes of insurance companies. This document also contains temporary regulations under section 197 relating to the determination of adjusted basis of amortizable section 197 intangibles with respect to insurance contracts, section 338 relating to increases in reserves after a deemed asset sale and sections 338 and 846 relating to the effect of a section 338 election on a section 846(e) election. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. The final and temporary regulations apply to insurance companies.
Joint Proposed Rules: Application of the Definition of Narrow-Based Security Index to Debt Securities Indexes and Security Futures on Debt Securities
The Commodity Futures Trading Commission (``CFTC'') and the Securities and Exchange Commission (``SEC'') (together, the ``Commissions'') are proposing to adopt a new rule and to amend an existing rule under the Commodity Exchange Act (``CEA'') and to adopt two new rules under the Securities Exchange Act of 1934 (``Exchange Act''). These proposed rules and rule amendments would exclude from the definition of ``narrow-based security index'' debt securities indexes that satisfy specified criteria. A future on a debt securities index that is excluded from the definition of ``narrow-based security index'' would not be a security future and could trade subject to the exclusive jurisdiction of the CFTC. In addition, the proposed rules would expand the statutory listing standards requirements to permit security futures to be based on debt securities, including narrow-based security indexes composed of debt securities.
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
In the Eighth Notice of Proposed Rulemaking (Eighth NPRM), the FCC seeks comment on proposals to create broadband channels in the 700 MHz public safety band. Specifically, the Eighth NPRM seeks comment on proposals to accommodate broadband and/or wideband operations on the current wideband spectrum (twelve megahertz) of the current 700 MHz public safety spectrum allocation. This Eighth NPRM is another step in the FCC's ongoing efforts to develop a regulatory framework in which to meet current and future public safety communications needs.
Procurement of Commodities for Foreign Donation
This proposed rule proposes additional changes related to a proposed rule published by the Commodity Credit Corporation (CCC) on December 16, 2005, entitled ``Procurement of Commodities for Foreign Donation,'' to specifically recognize CCC's obligations under the cargo preference legislation of the Merchant Marine Act, 1936 and to clarify the ``extenuating circumstances'' that may preclude awards on the basis of lowest-landed cost. CCC is also re-opening and extending the comment period on the proposed rule to accord interested persons an opportunity to comment thereon.
Reporting and Paying Royalties on Federal Leases on Takes or Entitlements Basis
The MMS requests comments and suggestions to assist us in proposing regulations regarding so-called ``takes versus entitlements'' reporting and payment of royalties when oil and gas production is commingled upstream of the point of royalty measurement.
Rule Title: Exchange Visitor Program-Training and Internship Programs
The Department is proposing to revise its training program regulations. These revisions will, among other things, eliminate the distinction between ``non-specialty occupations'' and ``specialty occupations''. Also, a new 12-month ``intern'' program is proposed to permit recent foreign graduates of degree-granting post-secondary accredited educational institutions to come to the United States to pursue work-based learning experiences in the fields in which they received their degrees. A requirement that sponsors complete an individualized Form DS-7002 Training/Internship Placement Plan for each trainee and intern prior to issuing a Form DS-2019 to the trainee or intern is also proposed. The Department will publish a Notice regarding the design of the proposed Form DS-7002, soliciting public comment regarding all recordkeeping, reporting, and data collection units. Sponsors should note that Forms DS-7002 contain a provision prohibiting the making of materially false, fictitious, or fraudulent statements or misrepresentations in connection with Training/Internship Placement Plans (18 U.S.C. 1001).
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico
NMFS has received a request from the Minerals Management Service (MMS), for authorization to ``take'' by harassment small numbers of marine mammals incidental to explosive severance activities at offshore oil and gas structures in the Gulf of Mexico (GOM) outer continental shelf (OCS). By this document, NMFS is proposing regulations to govern that take. In order to issue Letters of Authorization (LOAs) and final regulations governing the take, NMFS must determine that the total taking will have a negligible impact on the affected species and stocks of marine mammals, will be at the lowest level practicable, and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses. NMFS invites comment on the application and the proposed rule.
Dry Tortugas National Park-Special Regulations
The proposed rulemaking establishes special regulations for Dry Tortugas National Park. The proposed rule implements the act which established Dry Tortugas National Park and abolished Fort Jefferson National Monument. This proposed rule also implements provisions for visitor use and resource protection identified in the 2000 Final General Management Plan Amendment/Environmental Impact Statement for Dry Tortugas National Park, and the July 27, 2001 Record of Decision. This rulemaking complies with legislative mandates for protection of park resources in a unique and predominantly pristine ecosystem, and provides consistency with State fishing rules. This proposed rule would: (1) Remove obsolete regulations established for Fort Jefferson National Monument; (2) protect, monitor, and study the region's recognized importance to fisheries habitats by limiting the area, extent, and methods of recreational fishing within portions of the park's boundaries by implementing a Research Natural Area (RNA); (3) clarify the authority of the superintendent to regulate fishing, boating, and permitted activities, specifically in established management zones including the RNA; and establish a permit system for research and recreational users; (4) strengthen protection of nationally significant coral reef and other marine resources by regulating vessel operation, anchoring and human activity; (5) provide enhanced protection for shipwrecks consistent with state and federal law; and (6) provide for greater protection of water quality by restricting discharges into the water of the park. Definitions have also been added to clarify terminology.
Public Meeting To Discuss the Proposed Rule on the Availability of Lists of Retail Consignees During Meat or Poultry Product Recalls
The Food Safety and Inspection Service (FSIS) will hold a public meeting to solicit comments on its proposal to make available to the public lists of the retail consignees of meat and poultry products that have voluntarily been recalled by a federally inspected meat or poultry establishment if product has been distributed to the retail level. FSIS has proposed to routinely post these retail consignee lists on its Web site as they are developed by the Agency during its recall verification activities. There will be a five-minute time limit for each commenter who presents at the meeting.
Alternative Work Practice To Detect Leaks From Equipment
Numerous EPA air pollution standards require specific work practices for equipment leak detection and repair (LDAR). The current work practice requires the use of a monitor which meets required performance specifications. This work practice is based on 25-year-old technology. New technology has been developed which we believe provides equal, or better, environmental protection than that provided by the current work practice. This action proposes a voluntary alternative work practice (AWP) for finding leaking equipment using optical gas imaging.
Lead; Renovation, Repair, and Painting Program; Extension of Comment Period
On January 10, 2006, EPA proposed new requirements to reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint in the Federal Register. The proposal supports the attainment of the Federal government's goal of eliminating childhood lead poisoning by 2010. The proposal discussed requirements for training renovators and dust sampling technicians; certifying renovators, dust sampling technicians, and renovation firms; accrediting providers of renovation and dust sampling technician training; and for renovation work practices. This notice announces a 45-day extension of the comment period for the Renovation, Repair, and Painting Program proposed rule. This extension is necessary to provide the public with an opportunity to review and comment on materials recently added to the docket.
Proposed Modification of Offshore Airspace Area: Control 1487L; AK
This action proposes to modify the Control 1487L offshore airspace area in the vicinity of the Sitka Rocky Gutierrez Airport, Sitka, AK; Merle K. Mudhole Smith Airport, Cordova, AK; and Middleton Island Airport, Middleton Island, AK, by lowering the affected airspace floors associated within Control 1487L. The FAA is proposing these actions to provide additional controlled airspace for the safety of aircraft executing instrument flight rules (IFR) operations at the Sitka Rocky Gutierrez, Merle K. Mudhole, and Middleton Island Airports.
General and Plastic Surgery Devices; Reclassification of the Topical Oxygen Chamber for Extremities
The Food and Drug Administration (FDA) is proposing to reclassify the topical oxygen chamber for extremities (TOCE) from class III (premarket approval) into class II (special controls). The device is intended to surround a patient's limb and apply humidified oxygen to aid healing of chronic skin ulcers such as bedsores. Elsewhere in this issue of the Federal Register, FDA is publishing a notice of availability of the draft guidance document that the agency proposes to use as a special control for the device.
Drawbridge Operation Regulations; Chelsea River, Chelsea, MA
The Coast Guard proposes to temporarily change the drawbridge operation regulations governing the operation of the P.J. McArdle Bridge, across the Chelsea River at mile 0.3, between East Boston and Chelsea, Massachusetts. This proposed rule would allow the bridge to remain closed from 9 a.m. to 5 p.m. on June 17, 2006, to facilitate the Third Annual Chelsea River Revel Festival and the running of the Chelsea River Revel 5K Road Race. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (Alternate Route), Dismal Swamp Canal, NC
The Coast Guard proposes to establish regulations that govern the operation of the new Dismal Swamp Canal Bridge, at the Alternate Route of the Atlantic Intracoastal Waterway (AICW) mile 28.0, in South Mills, NC. The proposed regulations will maintain a level of operational capabilities that will continue to provide for the reasonable needs of the North Carolina Department of Parks and Recreation Visitor Center, at Dismal Swamp, and vessel navigation.
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