December 2006 – Federal Register Recent Federal Regulation Documents

The Secretary of the Interior has designated the U.S. Fish and Wildlife Service (Service) to act on behalf of the U.S. Department of the Interior (DOI) as natural resource trustee (Trustee) with respect to the February 2004 oil spill in the Bradley Beach, NJ, area (the incident). The Service has determined that the impacts of the incident warrant conducting a natural resource damage assessment that will include restoration planning. The incident has been referred to by a number of names, including the Bradley Beach Mystery Spill, the Monmouth County Mystery Spill, the Monmouth and Ocean Counties Mystery Spill, the Brick Township Mystery Spill, and the Brick Township Tarball Mystery Spill. The DOI is hereby providing notice of efforts to plan restoration actions for injuries resulting from the incident. The purpose of this restoration planning is to evaluate potential injuries to natural resources and lost services and use that information to determine the need for and scale of restoration actions.

The Federal Deposit Insurance Corporation (FDIC) is repealing its regulations governing reporting on lending by a State nonmember bank and its correspondent banks to executive officers and principal shareholders. The FDIC is taking this action in accordance with the Financial Services Regulatory Relief Act of 2006, section 601, which repealed the provision under which the FDIC promulgated these regulations.

The Forest Supervisor of the Dixie National Forest gives notice of the intent to prepare an environmental impact statement (EIS) to document the analysis and disclose the environmental and human effects of oil and gas leasing on lands administered by the Dixie National Forest. The Federal Onshore Oil and Gas Leasing Reform Act of 1987 requires the Forest Service to evaluate National Forest System lands for potential oil and gas leasing. The EIS would analyze all lands with a federally-owned mineral estate within the Dixie National Forest. As the agency responsible for lease issuance and administration, the Bureau of Land Management (BLM) will participate as a cooperating agency.

On June 8, 2005, the Department of Labor (DOL) published interim final regulations that govern its responsibilities under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act). Part B of the Act provides lump-sum payments of $150,000 and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B also provides lump-sum payments of $50,000 and medical benefits to individuals found eligible by the Department of Justice (DOJ) for $100,000 under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or calendar years of qualifying wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any calendar years of qualifying wage-loss). Part E also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of RECA and, where applicable, to survivors of such employees. At the same time the Department published the interim final regulations, it also invited written comments and advice from interested parties regarding possible changes to those regulations. This document amends the interim final regulations based on comments that the Department received.

Under the provisions of the paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3507) and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites comments on a submitted request to the Office of Management and Budget (OMB) to approve an extension of a currently approved information collection clearance (OMB 1024-0232).

This order amends the manufacturing (make) allowances contained in the Class III and Class IV product price formulas applicable to all Federal milk marketing orders. Specifically, this decision adopts the following make allowances: cheese$0.1682 per pound; butter$0.1202 per pound; nonfat dry milk (NFDM)$0.1570 per pound; and dry whey$0.1956 per pound. More than the required number of producers have approved the issuance of the interim orders as amended.

This notice announces the 11th meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., app.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT).

This notice lists the newspapers that will be used by all Ranger Districts, Forests, Grasslands, and the Regional Office of the Northern Region to publish legal notices for public comment and decisions subject to appeal and predecisional administrative review under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notices for public comment or decisions; thereby allowing them to receive constructive notice of a decision, to provide clear evidence of timely notice, and to achieve consistency in administering the appeals process.

This document contains final regulations amending Sec. 1.671- 5 which provides reporting rules for widely held fixed investment trusts (WHFITs). These final regulations clarify and simplify reporting for trustees and middlemen of non-mortgage widely held fixed investment trusts (NMWHFITs). These final regulations also provide temporary safe harbor reporting rules for widely held mortgage trusts (WHMTs) that are outside the WHMT safe harbor. The preamble to these regulations also provides that trustees of WHFITs are to indicate on the Form 1041, ``U.S. Income Tax Return for Estates and Trusts,'' filed for a WHFIT's 2006 calendar year that the return is a final return.

NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Part-time permit category for the 2007 fishing year has been harvested. Commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2007 fishing year (through October 31, 2007). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure.

Notice is hereby given that the United States International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended, and to terminate the investigation.

For the period beginning January 1, 2007, and ending on June 30, 2007, the prompt payment interest rate is 5\1/4\ per centum per annum.

This final rule revises the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. These revisions will harmonize the Hazardous Materials Regulations with certain recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.

This advisory reminds operators of the need for vigilance in providing security at liquefied natural gas (LNG) facilities. PHMSA's pipeline safety regulations require operators to implement security measures that deter intruders at LNG terminals, facilities, and peak- shaving plants. This Advisory Bulletin reinforces the importance of effectively implementing and thoroughly testing security procedures and systems.

The Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs announces an open competition to administer the FY2007 Near East and South Asia Undergraduate Exchange Program. Consortia of accredited, post-secondary educational institutions and public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) in the United States may submit proposals to organize and carry out academic exchange activities for students from underrepresented sectors in the Middle East, North Africa and South Asia (eligible countries and locales are listed below in the Purpose section). The grantee organization will be responsible for the following aspects of the program: placement of no less than 150 foreign students at accredited U.S. institutions for a semester or academic year, student travel to the U.S., orientation, enrichment programming, advising, monitoring and support, pre-return activities, evaluation, and follow-up with program alumni. It is anticipated that the total amount of funding for FY2007 administrative and program costs will be $3,000,000.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Dead Sea Scrolls'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the San Diego Natural History Museum, San Diego, California, from on or about June 29, 2007, until on or about January 15, 2008, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

By this decision, issued under section 209(b) of the Clean Air Act, as amended, (hereafter ``Act''), 42 U.S.C. 7543(b), the Environmental Protection Agency (EPA) today has determined that provisions of the California Air Resources Board`s (CARB's) 1999-2003 amendments to the California Zero-Emission Vehicle (ZEV) regulations as they affect 2006 and prior model years (MYs) are within-the-scope of previous waivers of federal preemption granted to California for its ZEV regulations. In the alternative, EPA is also granting a waiver of federal preemption for these MYs. EPA is also granting California(s request for a waiver of federal preemption to enforce provisions of the ZEV regulations as they affect 2007 through 2011 MYs. As explained below, EPA is also making a finding that although we believe it appropriate to grant a full waiver of federal preemption for the 2007 MY, we also believe it appropriate to consider the 2007 MY regulations within-the-scope of previous waivers of federal preemption as they apply to certain vehicles that were already subject to the preexisting ZEV regulations, with the exception that requirements pertaining to heavier light-duty trucks (LDT2s) are subject to a full waiver of federal preemption. EPA, by this decision, is not making any findings or determinations with regard to the 2012 and later model years under CARB's ZEV regulations.

As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is inviting nominations for membership on the proposed Adaptation for Climate-Sensitive Ecosystems and Resources Advisory Committee (ACSERAC). The purpose of this proposed Committee is to provide advice on the conduct of a study titled, ``Preliminary Review of Adaptation Options for Climate- Sensitive Ecosystems and Resources,'' to be conducted as part of the U.S. Climate Change Science Program (CCSP). This assessment is part of a comprehensive set of assessments identified by the CCSP's Strategic Plan for the Climate Change Science Program. The proposed ACSERAC will advise on the specific issues that should be addressed in the assessment, appropriate technical approaches, the type and usefulness of information to decision makers, the content of the final assessment report, compliance with the Information Quality Act, and other matters important to the successful achievement of the objectives of the study. EPA has determined that this proposed federal advisory committee is in the public interest and will assist the Agency in performing its duties under the Clean Water Act, Clean Air Act, and the Global Climate Protection Act. The draft prospectus for the study is on the CCSP Web site at https://www.climatescience.gov/Library/sap/sap4-4/sap4- 4prospectus-final.htm. Proposed committee membership will total approximately ten (10) persons, who will serve as Special Government Employees or Regular Government Employees. The membership of the proposed committee will include a balanced representation of interested persons with professional and personal qualifications and experience to contribute to the functions of the proposed committee. In selecting members EPA will consider individuals from the Federal Government, State and/or local governments, Tribes, the scientific community, non-governmental organizations and the private sector with expertise, experience, knowledge and interests essential to, or affected by, the successful completion of the study. Any interested person or organization may submit a nomination. Nominations should be identified by name, occupation, organization, position, address, and telephone number, and must include a complete resume of the nominee's background, experience and expertise, and any other information considered relevant. Additional avenues and resources will be utilized by EPA in the solicitation of nominees. Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress.