July 6, 2006 – Federal Register Recent Federal Regulation Documents

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations regarding additional items of return information disclosable to the Bureau of Economic Analysis (Bureau) of the Department of Commerce for purposes related to measuring economic change in the U.S. national economic accounts. These temporary regulations provide guidance to IRS personnel responsible for disclosing the information. The text of these temporary regulations published in the Rules and Regulations section of this issue of the Federal Register serves as the text of the proposed regulations.

In compliance with the requirements of the Privacy Act of 1974, as amended, FEMA gives notice that it proposes to revise its Disaster Recovery Assistance Files, FEMA/REG-2, to address important issues that arose in the aftermath of Hurricane Katrina.

The Department of State (the Department) is the lead Federal agency for implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and the Intercountry Adoption Act of 2000 (IAA). Among other things, the IAA gives the Secretary of State responsibility for the accreditation of agencies and approval of persons to provide adoption services under the Convention. The IAA requires the Department to enter into agreements with one or more qualified entities under which such entities will perform the tasks of accrediting agencies and approving persons, monitoring compliance of such agencies and persons with applicable requirements, and other related duties set forth in section 202(b) of the IAA. This notice is to inform the public that on June 29, 2006, the Department exercised its authority under the IAA and entered into an agreement with the Colorado Department of Human Services under which the Department designated the Colorado Department of Human Services as an accrediting entity. In its role as an accrediting entity, the Colorado Department of Human Services will be accrediting or approving qualified adoption service providers located in and licensed by the State of Colorado to enable them to provide adoption services in cases subject to the Convention once the Convention enters into force for the United States. As the U.S. Central Authority for the Convention, the Department will monitor the performance of the Colorado Department of Human Services and approve fees charged by it as an accrediting entity. The text of the Memorandum of Agreement, signed on June 29, 2006 by Maura Harty, Assistant Secretary for Consular Affairs, U.S. Department of State and signed on June 13, 2006 by Marva Livingston Hammons, Executive Director, Department of Human Services, State of Colorado, is included at the end of this Notice. Also included at the end of the Memorandum of Agreement is its Attachment 1, Colorado Revised Statutes Sec. 26-6-104(6.5).

On December 28, 2005, the Department of Commerce (the Department) published in the Federal Register the preliminary results and intent to rescind in part the 2003-2004 administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). See Certain Cased Pencils from the People's Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind in Part, 70 FR 76755 (December 28, 2005) (``Preliminary Results''). The period of review (POR) is December 1, 2003, through November 30, 2004. We have now completed the 2003-2004 administrative review of the order. Based on comments received, we have made changes in the dumping margin calculations. Therefore, the final results differ from the preliminary results. For details regarding these changes, see the section of this notice entitled ``Changes Since the Preliminary Results.'' The final results are listed below in the ``Final Results of Review'' section.

The Department of Commerce (``the Department'') is currently conducting a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC'') covering the period July 16, 2004, through July 31, 2005. The Department preliminarily determines that sales have not been made below normal value (``NV'') with respect to Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Zhanjiang Regal''), which participated fully and is entitled to a separate rate in this review. If these preliminary results are adopted in its final results of this review, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'') for which the importer-specific assessment rates are above de minimis.

This notice announces the availability, and the opportunity for public review and comment, of a draft environmental assessment (EA) (DOE/EA-1566) that examines the impacts of a proposal by the Department of Energy (DOE) to repair, replace, or improve certain facilities, structures, roads, and utilities (collectively referred to as infrastructure) for the Yucca Mountain Project. The proposed action would enhance safety at the project and enable DOE to safely continue ongoing operations, scientific testing, and maintenance until such time as the Nuclear Regulatory Commission decides whether to authorize construction of a repository.

The Department of Energy (DOE) has submitted an information collection package to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The package requests a three-year extension of the information collection listed at the end of this notice. Comments are invited on: (a) Whether the extended information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency's estimate of the burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collections on respondents, including through the use of automated collection techniques or other forms of information technology.

The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft Recovery Plan (Plan) for the sperm whale (Physeter macrocephalus). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.

Notice is hereby given that NMFS has received an application to renew and modify a permit for scientific research from the National Park Service (NPS) in Point Reyes Station, CA (1046). The permit would affect federally endangered Central California Coast coho salmon, threatened California Coastal Chinook salmon, and threatened Central California Coast steelhead. This document serves to notify the public of the availability of the permit application for review and comment.

We are amending the regulations to add Denmark to the list of regions considered free of exotic Newcastle disease. This final rule follows an interim rule that removed Denmark from that list due to an outbreak of exotic Newcastle disease in that region. A recent risk analysis indicated that Denmark now meets our requirements for recognition as a region free of exotic Newcastle disease. This rule relieves certain restrictions on the importation of carcasses, parts or products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from Denmark into the United States.

We are proposing to amend the fruits and vegetables regulations to allow the importation of shelled garden peas from Kenya into the continental United States. In order to be eligible for importation, the peas would have to be shelled, washed, and inspected and accompanied by a phytosanitary certificate issued by the Kenya Plant Health Inspectorate Service. This action would allow for the importation of shelled peas from Kenya into the continental United States while continuing to protect against the introduction of quarantine pests.

The proposed information collection requirement described below has been 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. Under the Single Family Mortgage Foreclosure Act of 1994, HUD may exercise a nonjudicial power of sale of single-family HUD-held mortgages and may appoint foreclosure commissioners to do this. HUD needs the notice and resulting applications for compliance with the Act's requirements that commissioners be qualified.

In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4) and (11), the Department of Commerce is issuing notice of intent to amend the system of records under COMMERCE/ DEPARTMENT-18, Employees Personnel Files Not Covered by Notices of Other Agencies. This amendment adds to this system those records compiled in conjunction with the Department of Commerce's Student Loan Repayment Program (SLRP), Continuity of Operations Plan (COOP), Automated Notification System, and the Employee Emergency Call Center. We invite public comment on the proposed changes in this publication.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 1, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Apple Computer, Inc. of Cupertino, California. An amended complaint was filed on June 6, 2006, and supplementary letters were filed on June 7 and 22, 2006. The complaint as amended and supplemented alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable digital media players and components thereof, by reason of infringement of claim 25 of U.S. Patent No. 7,046,230, claims 25 and 33 of U.S. Patent No. 5,341,293, claims 36-39, 48, 65, 72-73, and 77-78 of U.S. Patent No. 5,898,434, and claims 1, 24, and 32 of U.S. Patent No. 6,282,646. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and permanent cease and desist orders.

The FAA is revising an earlier proposed airworthiness directive (AD) for all Boeing Model 767 airplanes. The original NPRM would have required an inspection of each main tank fuel boost pump for the presence of a pump shaft flame arrestor, and if the flame arrestor is missing, replacement of that pump with a pump having a pump shaft flame arrestor. The original NPRM would also have required repetitive measurements of the flame arrestor's position in the pump, and corrective actions if necessary. The original NPRM resulted from reports that certain fuel boost pumps may not have flame arrestors installed in the pump shaft and reports that the pin that holds the flame arrestor in place can break due to metal fatigue. This action revises the original NPRM by proposing the replacement of the pump with a new or modified pump, which would end the repetitive measurements. This action also revises the compliance times for certain airplanes. We are proposing this supplemental NPRM to prevent the possible migration of a flame from a main tank fuel boost pump inlet to the vapor space of that fuel tank, and consequent ignition of fuel vapors, which could result in a fire or explosion.

In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-10 Patent Deposit Accounts System.'' This action is being taken to update the Privacy Act notice and to include user profiles for electronic funds transfers (EFT). The system of records will also be renamed ``COMMERCE/PAT-TM-10 Deposit Accounts and Electronic Funds Transfer Profiles.'' We invite the public to comment on the amendments noted in this publication.