October 2, 2006 – Federal Register Recent Federal Regulation Documents
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Index of Legally Marketed Unapproved New Animal Drugs for Minor Species; Extension of Comment Period
The Food and Drug Administration (FDA) is extending to December 20, 2006, the comment period for the proposed rule that appeared in the Federal Register of August 22, 2006 (71 FR 48840). In the proposed rule, FDA requested comments on implementing regulations for the Federal Food, Drug, and Cosmetic Act (the act) entitled ``Index of Legally Marketed Unapproved New Animal Drugs for Minor Species.'' The agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the West Virginia Portion of the Wheeling, WV-OH 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan
EPA is proposing to approve a redesignation request and a State Implementation Plan (SIP) revision for the West Virginia portion of the Wheeling, WV-OH interstate area (herein referred to as the ``Area'') from nonattainment to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The West Virginia Department of Environmental Protection (WVDEP) is requesting that the Marshall and Ohio County, West Virginia (Wheeling) portion of the area be redesignated as attainment for the 8-hour ozone NAAQS. The interstate 8-hour ozone nonattainment area is comprised of three counties (Marshall and Ohio Counties, West Virginia (Wheeling) and Belmont County, Ohio (Belmont)). EPA is proposing to approve the ozone redesignation request for the Wheeling portion of the area. In conjunction with its redesignation request, the WVDEP submitted a SIP revision consisting of a maintenance plan for Wheeling that provides for continued attainment of the 8-hour ozone NAAQS for the next 12 years. EPA is proposing to make a determination that Wheeling has attained the 8-hour ozone NAAQS based upon three years of complete, quality-assured ambient air quality ozone monitoring data for 2002- 2004. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that Wheeling has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Wheeling maintenance plan for purposes of transportation conformity, and is also proposing to approve those MVEBs. EPA is proposing approval of the redesignation request and of the maintenance plan revision to the West Virginia SIP in accordance with the requirements of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; WV; Redesignation of the Weirton, WV Portion of the Steubenville-Weirton, OH-WV 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan
EPA is proposing to approve a redesignation request and a State Implementation Plan (SIP) revision for the Weirton, West Virginia portion of the Steubenville-Weirton, OH-WV interstate area (herein referred to as the ``Area'') from nonattainment to attainment of the 8- hour ozone National Ambient Air Quality Standard (NAAQS). The West Virginia Department of Environmental Protection (WVDEP) is requesting that the Brooke and Hancock County, West Virginia (Weirton) portion of the area be redesignated as attainment for the 8-hour ozone NAAQS. The interstate 8-hour ozone nonattainment area is comprised of three counties (Brooke and Hancock Counties, West Virginia (Weirton) and Jefferson County, Ohio (Steubenville)). EPA is proposing to approve the ozone redesignation request for the Weirton portion of the area. In conjunction with its redesignation request, the WVDEP submitted a SIP revision consisting of a maintenance plan for Weirton that provides for continued attainment of the 8-hour ozone NAAQS for the next 12 years. EPA is proposing to make a determination that Weirton has attained the 8-hour ozone NAAQS based upon three years of complete, quality-assured ambient air quality ozone monitoring data for 2002-2004. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that Weirton has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Weirton maintenance plan for purposes of transportation conformity, and is also proposing to approve those MVEBs. EPA is proposing approval of the redesignation request and of the maintenance plan revision to the West Virginia SIP in accordance with the requirements of the CAA.
Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Late Season
This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
State Energy Program
The Department of Energy (DOE) is publishing a final rule that amends the State Energy Program regulations to incorporate certain changes made to the DOE-administered formula grant program by the Energy Policy Act of 2005 (EPACT 2005).
Stock Transfer Rules: Carryover of Earnings and Taxes; Correction
This document contains a correction to final regulations (TD 9273) that were published in the Federal Register on Tuesday, August 8, 2006(71 FR 44887) addressing the carryover of certain tax attributes, such as earnings and profits and foreign income tax accounts, when two corporations combine in a corporate reorganization or liquidation that is described in both section 367(b) and section 381 of the Internal Revenue Code (Code).
Stock Transfer Rules: Carryover of Earnings and Taxes; Correction
This document contains correction to final regulations (TD 9273) that were published in the Federal Register on Tuesday, August 8, 2006(71 FR 44887) addressing the carryover of certain tax attributes, such as earnings and profits and foreign income tax accounts, when two corporations combine in a corporate reorganization or liquidation that is described in both section 367(b) and section 381 of the Internal Revenue Code (Code).
Review of Custody Determinations
This rule adopts, with changes, an interim rule published in the Federal Register on October 31, 2001, by the Department of Justice, pertaining to the review of custody decisions by the Executive Office for Immigration Review (EOIR) with respect to aliens being detained by the Immigration and Naturalization Service (INS), now the Department of Homeland Security (DHS). This rule retains the existing regulatory provision for DHS to invoke a temporary automatic stay of an immigration judge's decision ordering an alien's release in any case in which a DHS official has ordered that the alien be held without bond or has set a bond of $10,000 or more, in order to maintain the status quo while DHS seeks expedited review of the custody order by the Board of Immigration Appeals (Board) or the Attorney General. However, this rule clarifies the basis on which DHS may invoke the automatic stay provision, and limits the duration of the automatic stay.
Regulated Navigation Area: Navigable Waters Within Narragansett Bay, RI and Mount Hope Bay, MA, Including the Providence River and Taunton River
In response to public requests, the Coast Guard will hold two public meetings to receive comments on its Notice of Proposed Rulemaking (NPRM) to modify the existing Regulated Navigation Area (RNA) in the Providence River, Narragansett Bay, and Mount Hope Bay. Additionally, the Coast Guard is re-opening the period to receive comments on that NPRM. Holding two public meetings and re-opening the comment period will provide the public additional opportunities and more time to submit comments and recommendations.
Airworthiness Directives; Rolls-Royce plc Models RB211 Trent 892, 884, 877, 875, and 892B Series Turbofan Engines
This amendment rescinds airworthiness directive (AD) 97-06-13 for Rolls-Royce plc (RR) models RB211 Trent 892, 884, 877, 875, and 892B series turbofan engines. That AD requires inspecting and replacing certain angle gearbox and intermediate gearbox hardware, and on-going repetitive inspections of the magnetic chip detectors. That AD resulted from reports of loss of oil from the angle drive upper shroud tube, the intermediate gearbox housing, the external gearbox lower bevel box housing, and by reports of bearing failures. We intended the requirements of that AD to prevent loss of oil, which could cause an engine fire, and to prevent in-flight engine shutdowns and airplane diversions caused by oil loss and from bearing failures. Since we issued that AD, we determined that the inspections and replacements required by that AD are no longer required to correct an unsafe condition.
Mandatory Reliability Standards for the Bulk Power System
The Federal Energy Regulatory Commission (Commission) is announcing a rulemaking process for mandatory Reliability Standards for the Bulk-Power System and specifically, its inclusion of certain Reliability Standards proposed by the North American Electric Reliability Council (NERC) in the Commission's upcoming Notice of Proposed Rulemaking which will be issued in Docket No. RM06-16-000. The Commission will also open a new proceeding in Docket No. RM06-22-000, which will process additional Reliability Standards proposed by NERC.
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Correction
On August 22, 2006, a temporary rule extension was published in the Federal Register intending to extend the 2006 optimum yield (OY) for darkblotched rockfish caught in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. This correction changes the ``ACTION'' and ``DATES'' sections of that rule to remove references to a temporary rule and make the amendments published on August 22, 2006, effective August 27, 2006.
Emerald Ash Borer; Quarantined Areas; Michigan
We are amending the emerald ash borer regulations by adding areas in Michigan to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the State of Michigan into noninfested areas of the United States.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 630 of the GOA.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Alameda Whipsnake
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 154,834 acres (ac) (62,659 hectares (ha)) critical habitat are being designated for the taxon. The critical habitat is located in Alameda, Contra Costa, Santa Clara, and San Joaquin Counties, California.
Atlantic Highly Migratory Species; Recreational Atlantic Blue and White Marlin Landings Limit; Amendments to the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks and the Fishery Management Plan for Atlantic Billfish
NMFS finalizes the Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP). This Final Consolidated HMS FMP changes certain management measures, adjusts regulatory framework measures, and continues the process for updating HMS essential fish habitat. This final rule could impact fishermen and dealers for all Atlantic HMS fisheries. The final rule will: establish mandatory workshops for commercial fishermen and shark dealers; implement complementary time/ area closures in the Gulf of Mexico (GOM); implement criteria for adding new or modifying existing time/area closures; address rebuilding and overfishing of northern albacore tuna and finetooth sharks; implement recreational management measures for Atlantic billfish; modify bluefin tuna (BFT) General Category subperiod quotas and simplify the management process of BFT; change the fishing year for tunas, swordfish, and billfish to a calendar year; authorize speargun fishing gear in the recreational fishery for bigeye, albacore, yellowfin, and skipjack (BAYS) tunas; authorize buoy gear in the commercial swordfish handgear fishery; clarify the allowance of secondary gears (also known as cockpit gears); and clarify existing regulations. This final rule also announces the decision regarding a petition for rulemaking regarding closure areas for spawning BFT in the Gulf of Mexico.
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