2006 – Federal Register Recent Federal Regulation Documents

Results 1 - 50 of 6,163
Security Zone; Choptank River, Cambridge, MD
Document Number: E6-22441
Type: Rule
Date: 2006-12-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents during the U.S. House Republican Issues Conference, being held during January 24-26, 2007. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.
Safety Zone: Transit of Industrial Cranes, Cape Fear River, Wilmington, NC
Document Number: E6-22440
Type: Rule
Date: 2006-12-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone from the mouth of the Cape Fear River to the Cape Fear Memorial Bridge to provide for the safety of the public during the transit and mooring of a vessel carrying four (4) large industrial cranes. The cranes are of such size and dimension that they will create a significant obstruction to safe navigation for other vessels operating in the vicinity. Restricting vessel traffic is necessary to ensure the safety of the public. Vessel traffic will only be restricted during the transit of the vessel.
Security Zones; Escorted Vessels in the Captain of the Port Jacksonville Zone
Document Number: E6-22439
Type: Rule
Date: 2006-12-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100 yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature while we undertake a separate, notice-and-comment rulemaking to establish a permanent security zone for escorted vessels in the COTP Jacksonville Zone.
Energy Conservation Program for Consumer Products: Energy Conservation Standards for Battery Chargers and External Power Supplies
Document Number: E6-22437
Type: Proposed Rule
Date: 2006-12-29
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
As required by the Energy Policy Act of 2005, the Department of Energy (DOE) will hold a ``scoping workshop'' (i.e., an informal public meeting) to discuss and receive comments on its plans for developing energy conservation standards for battery chargers and external power supplies. DOE encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared two documents, available at: http://www.eere.energy.gov/ buildings/appliancestandards/residential/batteryexternal.html .
National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations
Document Number: E6-22428
Type: Proposed Rule
Date: 2006-12-29
Agency: Environmental Protection Agency
On December 15, 1995, EPA issued national emission standards for hazardous air pollutants (NESHAP) under section 112 of the Clean Air Act for shipbuilding and ship repair (surface coating) operations (subpart II). The NESHAP requires existing and new major sources to control emissions of hazardous air pollutants to the extent achievable by the use of maximum achievable control technology. The proposal is intended to close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63, subpart VVVV. We have also added a definition of ``commercial'' to clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in 40 CFR part 63, subpart II.
National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations
Document Number: E6-22426
Type: Rule
Date: 2006-12-29
Agency: Environmental Protection Agency
EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for shipbuilding and ship repair (surface coating) operations (subpart II) promulgated on December 15, 1995 (60 FR 64330), under the authority of section 112(d) of the Clean Air Act (CAA). These direct final rule amendments close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to Subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for the boat manufacturing at 40 CFR part 63 subpart VVVV. We have also added a definition of ``commercial'' to further clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in subpart II.
Notice of Intent to Request Public Comments
Document Number: E6-22407
Type: Proposed Rule
Date: 2006-12-29
Agency: Federal Trade Commission, Agencies and Commissions
As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2007, it intends to request public comments on the rules and guides listed below. The Commission will request comments on, among other things, the economic impact of, and the continuing need for, the rules and guides; possible conflict between the rules and guides and state, local, or other federal laws or regulations; and the effect on the rules and guides of any technological, economic, or other industry changes. No Commission determination on the need for or the substance of the rules and guides should be inferred from the notice of intent to publish requests for comments. In addition, the Commission announces a revised 10-year regulatory review schedule.
Schedule for Rating Disabilities; Evaluation of Multiple Scars
Document Number: E6-22340
Type: Proposed Rule
Date: 2006-12-29
Agency: Department of Veterans Affairs
In a document published in the Federal Register at 67 FR 65915 on October 29, 2002, the Department of Veterans Affairs (VA) proposed to amend that portion of its Schedule for Rating Disabilities that addresses the Skin in order to clarify how to evaluate multiple superficial or deep scars in a uniform and consistent manner. Based on the nature of the public comments received, VA has decided that it would be appropriate to revise the proposed rule and publish a new proposed rule. This document withdraws that proposed rule.
Accrued Benefits
Document Number: E6-22339
Type: Rule
Date: 2006-12-29
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) amends its adjudication regulation regarding accrued benefits. The amendments are the result of changes in statute and are intended to clarify existing regulatory provisions. This document adopts as final rule, without change, the proposed rule published in the Federal Register on June 29, 2006.
Zeta-Cypermethrin; Pesticide Tolerance
Document Number: E6-22288
Type: Rule
Date: 2006-12-29
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of the insecticide zeta-cypermethrin, in or on almond, hulls; animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; berry, group 13; cilantro, leaves; food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments; fruit, pome, group 11; fruit, stone, group 12; grape; grass, forage, group 17; grass, hay, group 17; nut, tree, group 14; peanut; rapeseed; sunflower; sunflower, refined oil; turnip, greens; vegetable, cucurbit, group 9; and vegetable, root and tuber, group 1, except sugar beet. FMC Corporation and Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Repeal of Reports and Public Disclosure of Indebtedness of Executive Officers and Principal Shareholders to a State Nonmember Bank and Its Correspondent Banks
Document Number: E6-22260
Type: Rule
Date: 2006-12-29
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
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.
Performance of Functions; Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended
Document Number: E6-21839
Type: Rule
Date: 2006-12-29
Agency: Department of Labor, Office of Workers' Compensation Programs, Workers' Compensation Programs Office
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.
Review and Approval of Projects; Special Regulations and Standards; Hearings and Enforcement Actions
Document Number: E6-21674
Type: Rule
Date: 2006-12-29
Agency: Susquehanna River Basin Commission, Agencies and Commissions
This document contains amendments to the SRBC's project review regulations currently published at 18 CFR Parts 803, 804 and 805. The regulations provide the procedural and substantive rules for SRBC review and approval of water resources projects and the procedures governing hearings and enforcement actions. These amendments include additional due process safeguards, add new standards for projects, improve organizational structure, incorporate recently adopted policies and clarify language. The amendments were first proposed on July 7, 2006 in the Federal Register, Vol. 71, No. 130, p. 38692. Comments received on the proposed rule making are summarized with accompanying responses in the ``Supplementary Information'' section below. Changes were made to the proposed rules in the final rule making in response to these comments, including the ``removal and reservation'' of Parts 803, 804 and 805 and the substitution therefore in this final rule making action of Parts 806, 807 and 808, respectively.
Community Reinvestment Act Regulations
Document Number: 06-9944
Type: Rule
Date: 2006-12-29
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Comptroller of the Currency
The OCC, the Board, and the FDIC (collectively, the ``agencies'') are publishing this joint final rule to reinsert a provision that was inadvertently deleted when the agencies revised their Community Reinvestment Act (CRA) regulations in August 2005. This change is technical only and does not make any substantive revisions. The agencies are also amending their CRA regulations to increase the asset-size threshold to be used to define ``small bank'' and ``intermediate small bank.'' The regulation is amended to state the increase in the threshold amount based on the annual percentage change in the Consumer Price Index.
Milk in the Northeast and Other Marketing Areas; Interim Order Amending the Orders
Document Number: 06-9943
Type: Rule
Date: 2006-12-29
Agency: Agricultural Marketing Service, Department of Agriculture
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.
Executive Compensation Disclosure
Document Number: 06-9932
Type: Rule
Date: 2006-12-29
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is adopting, as interim final rules, amendments to the disclosure requirements for executive and director compensation. The amendments to Item 402 of Regulations S- K and S-B revise Summary Compensation Table and Director Compensation Table disclosure with respect to stock awards and option awards to provide disclosure of the compensation cost of awards over the requisite service period, as described in Financial Accounting Standards Board Statement of Financial Accounting Standards No. 123 (revised 2004) Share-Based Payment (FAS 123R). FAS 123R defines a requisite service period as the period or periods over which an employee is required to provide service in exchange for a share-based payment. The revised disclosure replaces disclosure in the Summary Compensation Table and Director Compensation Table of the aggregate grant date fair value of awards computed in accordance with FAS 123R. The amendments revise the Grants of Plan-Based Awards Table to add a column showing, on a grant-by-grant basis, the full grant date fair value of awards computed in accordance with FAS 123R. The amendments also revise the Grants of Plan-Based Awards Table to include information concerning repriced or materially modified options, stock appreciation rights and similar option-like instruments, disclosing the incremental fair value computed as of the repricing or modification date computed in accordance with FAS 123R. The amendments to the Director Compensation Table in Item 402 of Regulation S-K require footnote disclosure corresponding to the new Grants of Plan-Based Awards Table fair value disclosures. The amendments are intended to provide investors with more complete and useful disclosure about executive compensation. Disclosing the compensation cost of stock and option awards over the requisite service period will give investors a better idea of the compensation earned by an executive or director during a particular reporting period, consistent with the principles underlying the financial statement disclosure; and retaining the requirement to disclose the grant date fair value will give investors useful information about the total impact of compensation decisions made by a company in a particular reporting period.
Reporting Rules for Widely Held Fixed Investment Trusts
Document Number: 06-9924
Type: Rule
Date: 2006-12-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
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.
Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category
Document Number: 06-9918
Type: Rule
Date: 2006-12-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Program
Document Number: 06-9917
Type: Rule
Date: 2006-12-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS publishes IFQ standard prices for the individual fishing quota (IFQ) cost recovery program in the halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2006 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2007.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Amendment 16-4; Pacific Coast Salmon Fishery
Document Number: 06-9856
Type: Rule
Date: 2006-12-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Part V, Final Rule
This final rule implements Amendment 16-4 to the Pacific Coast Groundfish Fishery Management Plan (FMP) and sets the 2007-2008 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. Amendment 16-4 modifies the FMP to implement revised rebuilding plans for seven overfished species: bocaccio, canary rockfish, cowcod, darkblotched rockfish, Pacific ocean perch (POP), widow rockfish, and yelloweye rockfish. Groundfish harvest specifications and management measures for 2007-2008 are intended to: achieve but not exceed optimum yields (OYs); prevent overfishing; rebuild overfished species; reduce and minimize the bycatch and discard of overfished and depleted stocks; provide harvest opportunity for the recreational and commercial fishing sectors; and, within the commercial fisheries, achieve harvest guidelines and limited entry and open access allocations for non-overfished species. Together, Amendment 16-4 and the 2007-2008 harvest specifications and management measures are intended to rebuild overfished stocks as soon as possible, taking into account the status and biology of the stocks, the needs of fishing communities, and the interaction of the overfished stocks within the marine ecosystem. In addition to the management measures implemented specifically for the groundfish fisheries, this rule implements a new Yelloweye Rockfish Conservation Area (YRCA) off Washington State, which will be closed to commercial salmon troll fishing to reduce incidental mortality of yelloweye rockfish in the salmon troll fishery.
Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Oganization's Technical Instructions
Document Number: 06-9849
Type: Rule
Date: 2006-12-29
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
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.
Airworthiness Directives; Raytheon Aircraft Company Model 390 Airplanes
Document Number: E6-22382
Type: Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) to supersede AD 2006-02-51, which applies to certain Raytheon Aircraft Company Model 390 airplanes. AD 2006-02-51 currently requires you to inspect the left engine hydraulic pump outlet tube and the clamp; replace the clamp at each inspection; replace the hydraulic pump outlet tube immediately if any problem is found; and report the results of each inspection or replacement to the FAA. This AD is the result of several hydraulic pump outlet tube failures after issuance of AD 2006- 02-51, including failures on the right engine. This AD requires you to visually inspect the hydraulic pump outlet tube on both engines on a recurring basis and immediately replace the tube if damage is found. This AD also requires incorporation of an Airplane Flight Manual (AFM) change to not allow operation of an engine with its associated firewall hydraulic shutoff valve closed. In addition, this AD requires you to replace the hydraulic pump outlet tube if an engine is operated with its firewall hydraulic shutoff valve closed. We are issuing this AD to prevent failure of the hydraulic pump outlet tube and consequent leaking of hydraulic fluid. Such leakage could result in a fire. There is also a risk of loss of hydraulic system functions including normal gear extensions, speed brakes, roll spoilers, lift dump, and normal brakes.
Limitation on Issuance of Excess Stock
Document Number: E6-22325
Type: Rule
Date: 2006-12-28
Agency: Federal Housing Finance Board, Agencies and Commissions
The Federal Housing Finance Board (Finance Board) is adopting a final rule limiting the ability of a Federal Home Loan Bank (Bank) to create member excess stock under certain circumstances. Under the rule, any Bank with excess stock greater than 1 percent of its total assets will be barred from further increasing member excess stock by paying dividends in the form of shares of stock (stock dividends) or otherwise issuing new excess stock. The final rule is based on a proposed rule that sought to impose a limit on excess stock and establish a minimum retained earnings requirement. The final rule deals only with the excess stock provisions of the proposal. The Finance Board intends to address retained earnings in a later rulemaking.
Projects of National and Regional Significance Evaluation and Rating
Document Number: E6-22322
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Highway Administration, Department of Transportation
The FHWA is reopening the comment period for the notice of proposed rulemaking (NPRM) and request for comments, which was published on July 24, 2006, at 71 FR 41748. That NPRM proposed to establish the required evaluation and rating guidelines for projects proposed under the Projects of National and Regional Significance (PNRS) program. The original comment period closed on September 22, 2006. The extension is based on the desire of the FHWA to receive the fullest and most comprehensive comments possible from the broadest group of stakeholders. During the initial analysis of comments the FHWA recognized that a number of subject areas were not commented upon, and significant segments of the transportation stakeholder community did not respond. The FHWA believes that those interested in commenting on this important program may not have had the opportunity to provide comments and that the comment period should be reopened. Therefore, the comment period is being reopened until February 9, 2007, which will provide those interested in commenting additional time to discuss, evaluate, and submit responses to the docket.
Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur Requirements: Partial Exemption for U.S. Pacific Island Territories
Document Number: E6-22310
Type: Rule
Date: 2006-12-28
Agency: Environmental Protection Agency
EPA is taking direct final action to exempt the three U.S. Pacific Island TerritoriesAmerican Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (C.N.M.I.)from the gasoline sulfur requirements that EPA promulgated in the Tier 2 motor vehicle rule. The Governor of American Samoa petitioned us for an exemption from the Tier 2 gasoline sulfur requirement because of the potential for gasoline shortages, the added cost, and the minimal air quality benefits the Tier 2 gasoline sulfur requirement would provide to American Samoa. Representatives of the Governors of Guam and C.N.M.I. have also requested an exemption referencing the petition submitted by American Samoa. Generally, the Far East market, primarily Singapore, supplies gasoline to the U.S. Pacific Island Territories. The Tier 2 sulfur standard effectively requires special gasoline shipments, which would increase the cost and could jeopardize the security of the gasoline supply to the Pacific Island Territories. The air quality in American Samoa, Guam, and C.N.M.I. is generally pristine, due to the wet climate, strong prevailing winds, and considerable distance from any pollution sources. We recognize that exempting the U.S. Pacific Island Territories from the gasoline sulfur standard will result in smaller emission reductions. However, Tier 2 vehicles using higher sulfur gasoline still emit 30% less hydrocarbons and 60% less NOX than Tier 1 vehicles and negative effects on the catalytic converter due to the higher sulfur levels are, in many cases, reversible. Additionally, these reduced benefits are acceptable due to the pristine air quality, the fact that gasoline quality will not change, and the cost and difficulty of consistently acquiring Tier 2 compliant gasoline. The Tier 2 motor vehicle rule also sets standards for vehicle emissions. Vehicles in use on the U.S. Pacific Island Territories will not be exempt from the Tier 2 vehicle emission standards. However, additional flexibility will be afforded due to the lack of low sulfur gasoline.
Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur Requirements: Partial Exemption for U.S. Pacific Island Territories
Document Number: E6-22309
Type: Proposed Rule
Date: 2006-12-28
Agency: Environmental Protection Agency
EPA is proposing to exempt the three U.S. Pacific Island TerritoriesAmerican Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (C.N.M.I.)from the gasoline sulfur requirements that EPA promulgated in the Tier 2 motor vehicle rule. The Governor of American Samoa petitioned us for an exemption from the Tier 2 gasoline sulfur requirement because of the potential for gasoline shortages, the added cost, and the minimal air quality benefits the Tier 2 gasoline sulfur requirement would provide to American Samoa. Representatives of the Governors of Guam and C.N.M.I. have also requested an exemption referencing the petition submitted by American Samoa. The Far East market, primarily Singapore, supplies gasoline to the U.S. Pacific Island Territories. The Tier 2 sulfur standard effectively requires special gasoline shipments, which would increase the cost and could jeopardize the security of the gasoline supply to the Pacific Island Territories. The air quality in American Samoa, Guam, and C.N.M.I. is generally pristine, due to the wet climate, strong prevailing winds, and considerable distance from any pollution sources. We recognize that exempting the U.S. Pacific Island Territories from the gasoline sulfur standard will result in smaller emission reductions. However, Tier 2 vehicles using higher sulfur gasoline still emit 30% less hydrocarbons and 60% less NOX than Tier 1 vehicles and negative effects on the catalytic converter due to the higher sulfur levels are, in many cases, reversible. Additionally, these reduced benefits are acceptable due to the pristine air quality, the fact that gasoline quality will not change, and the cost and difficulty of consistently acquiring Tier 2 compliant gasoline. The Tier 2 motor vehicle rule also sets standards for vehicle emissions. Vehicles in use on the U.S. Pacific Island Territories will not be exempt from the Tier 2 vehicle emission standards. However, additional flexibility will be afforded due to the lack of low sulfur gasoline.
Approval and Promulgation of Implementation Plans; Arizona; Motor Vehicle Inspection and Maintenance Programs
Document Number: E6-22305
Type: Proposed Rule
Date: 2006-12-28
Agency: Environmental Protection Agency
EPA is proposing to approve two revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. These revisions consist of changes to Arizona's Basic and Enhanced Vehicle Emissions Inspection Programs that would exempt collectible vehicles in the Phoenix metropolitan area, and collectible vehicles and motorcycles in the Tucson metropolitan area, from emissions testing requirements; an updated performance standard evaluation for the vehicle emissions inspection program in the Phoenix area; and new contingency measures. EPA is proposing approval of these two state implementation plan revisions because they meet all applicable requirements of the Clean Air Act and EPA's regulations and because the exemptions would not interfere with attainment or maintenance of the national ambient air quality standards in the two affected areas. EPA is proposing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to exempt these vehicle categories from the emissions testing requirements of the State's vehicle emissions inspection programs as approved for the Phoenix and Tucson areas.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update
Document Number: E6-22298
Type: Rule
Date: 2006-12-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 6 announces the deletion of the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This action is being taken by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. Moreover, EPA and TCEQ have determined that with proper monitoring, operation and maintenance, this Site poses no significant threat to public health or the environment.
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
Document Number: E6-22282
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require inspecting the carbon-fiber reinforced plastic (CFRP) main landing gear (MLG) door to determine whether certain part numbers are installed. For airplanes having certain doors, this proposed AD would require inspecting the MLG outboard door for cracks, play, and loose sealant/bolts/nuts, and related investigative and corrective actions if necessary. This proposed AD would also require, for airplanes having certain doors, modifying the rod bracket attachment of the MLG outboard door. This proposed AD results from a report of a rod bracket of the MLG door detaching during flight. We are proposing this AD to detect and correct cracks in the rod bracket attachment bolts, which could result in the rod brackets detaching from the MLG door and blocking the proper functioning of the MLG.
Airworthiness Directives; Airbus Model A330 Airplanes and A340-200 and -300 Series Airplanes
Document Number: E6-22281
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A330 airplanes and A340-200 and -300 series airplanes. For certain airplanes, this proposed AD would require inspecting to determine the part number of certain S4- and MZ-type spoiler servo-controls (SSCs). For certain other airplanes, this proposed AD would require inspecting to determine the part number of all SSCs. This proposed AD would also require replacing any affected SSC with a new SSC. This proposed AD results from a new load duty cycle defined by the manufacturer. Additional fatigue tests and calculations done on this basis indicated that the spoiler valve manifold of the S4- type SSCs, and, on certain airplanes, the maintenance cover of the MZ- type SSCs, may crack during its service life due to pressure impulse fatigue. We are proposing this AD to prevent fatigue cracking of certain SSCs, which could result in hydraulic leakage and consequent loss of SSC function and loss of the associated hydraulic system. These conditions could affect all three hydraulic systems, which could result in reduced controllability of the airplane.
Airworthiness Directives; Airbus Model A319, A320, and A321 Airplanes
Document Number: E6-22280
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes. This proposed AD would require installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable. This proposed AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are proposing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane.
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
Document Number: E6-22279
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. The original NPRM would have superseded an existing AD that currently requires a one-time inspection of the sliding members in the main landing gear (MLG) for cracking and replacement of the sliding members with serviceable parts if necessary. The original NPRM proposed to require repetitive magnetic particle inspections of the sliding members of the MLG for cracking and corrective actions as necessary. The original NPRM resulted from inspection findings that have shown repetitive inspections are needed to establish fleet safety. This new action revises the original NPRM by correcting a certain part number in the applicability. We are proposing this supplemental NPRM to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers.
Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-604) Airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E6-22271
Type: Proposed Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B16 (CL-604) airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. These models may be referred to by their marketing designations as RJ100, RJ200, RJ440, CRJ100, CRJ200, CRJ440, and CL-65. The original NPRM would have superseded an existing AD that currently requires revising the Emergency Procedures section of the airplane flight manual (AFM) to advise the flightcrew of additional procedures to follow in the event of stabilizer trim runaway. The existing AD also requires revising the Abnormal Procedures section of the AFM to advise the flightcrew of procedures to follow in the event of MACH TRIM, STAB TRIM, and horizontal stabilizer trim malfunctions. The existing AD also requires revising the Normal section of the AFM to require a review of the location of certain circuit breakers and a functional check of the stabilizer trim system. In addition, the existing AD requires installing circuit breaker identification collars and provides an optional terminating action for the requirements of the AD. The original NPRM proposed to require doing the previously optional terminating action (installation of a new horizontal stabilizer trim control unit). The original NPRM resulted from a determination that the terminating action is necessary to address reports of uncommanded horizontal stabilizer trim motion. This new action revises the original NPRM by not allowing the removal of applicable temporary revisions (TRs) to the Emergency and Abnormal Procedures sections of the AFM and by adding the proposed requirement for certain airplanes to re-insert the applicable TRs of the Emergency and Abnormal Procedures sections of the AFM under certain conditions. We are proposing this supplemental NPRM to prevent horizontal stabilizer trim uncommanded motion, which could result in reduced controllability of the airplane.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE: Implementation of Changes to the Pharmacy Benefits Program; Double Coverage With Medicare Part D
Document Number: E6-22258
Type: Proposed Rule
Date: 2006-12-28
Agency: Office of the Secretary, Department of Defense
TRICARE eligible beneficiaries, who are entitled to Medicare Part A on the basis of age, disability, or end-stage renal disease, maintain their TRICARE eligibility when they are enrolled in the supplementary medical insurance program under Part B of Medicare. In general, in the case of medical or dental care provided to these individuals for which payment may be made under both Medicare and TRICARE, Medicare is the primary payer and TRICARE will normally pay the actual out-of-pocket costs incurred by the person. This proposed rule prescribes double coverage payment procedures and makes revisions to TRICARE rules to accommodate beneficiaries who are eligible under both Medicare and TRICARE, and who participate in Medicare's outpatient prescription drug program under Medicare Part D. These revisions are necessary because of the requirements contained in the Centers for Medicare and Medicaid Services (CMS) final rule for the Medicare Prescription Drug Benefit, Part D Plans with Other Prescription Drug Coverage. This proposed rule also establishes requirements and procedures for implementation of the improvements to the TRICARE Pharmacy Benefits Program directed by section 714 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA FY 05) (Public Law 108-365). The rule clarifies that the cost-sharing requirements for Medicare-eligible beneficiaries may not be in excess of the cost- sharing requirements applicable to other retirees, their dependents, former spouses and survivors. Additionally, the rule authorizes the DoD Pharmacy and Therapeutics Committee to make a separate and additional determination of the relative clinical and cost effectiveness of pharmaceutical agents to assure pharmacies of the uniformed services have on their formularies pharmaceutical agents that provide greater value than other uniform formulary agents in that therapeutic class. This rule also describes the transition process that will occur as the uniform formulary is developed and uniform service facilities move to a uniform formulary, consistent with their scope of practice.
User Fees for Processing Installment Agreements
Document Number: E6-22257
Type: Rule
Date: 2006-12-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to the regulations relating to user fees for installment agreements. The amendments update the fees to reflect the actual costs of the services provided and create an exception to the increased fee for entering into installment agreements for low-income taxpayers. The amendments affect taxpayers who wish to pay their liabilities through installment agreements.
Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program
Document Number: E6-22245
Type: Rule
Date: 2006-12-28
Agency: Department of Education
The Secretary is amending the Federal Perkins Loan (Perkins Loan) Program, Federal Family Education Loan (FFEL) Program, and William D. Ford Federal Direct Loan (Direct Loan) Program regulations to implement the changes to the Higher Education Act of 1965, as amended (HEA), resulting from the enactment of the Third Higher Education Extension Act of 2006 (THEEA), Public Law 109-292. These interim final regulations reflect the provisions of the THEEA that authorize the discharge of the outstanding balance of certain Perkins, FFEL, and Direct Loan Program loans for survivors of eligible public servants and other eligible victims of the September 11, 2001, terrorist attacks.
Implementation of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002-Reporting & Best Practices
Document Number: E6-22242
Type: Rule
Date: 2006-12-28
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is issuing final regulations to carry out the reporting and best practices requirements of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). The No FEAR Act requires Federal agencies to report annually on certain topics related to Federal antidiscrimination and whistleblower protection laws. The No FEAR Act also requires a comprehensive study to determine the executive branch's best practices concerning disciplinary actions against employees for conduct that is inconsistent with these laws. This rule will implement the reporting and best practices provisions of the No FEAR Act.
Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order; Suspension of Provisions Under 7 CFR Part 926
Document Number: E6-22237
Type: Rule
Date: 2006-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule suspends Part 926 in the Code of Federal Regulations, which requires persons engaged in the handling or importation of fresh cranberries or cranberry products, but not subject to the reporting requirements of the Federal cranberry marketing order (7 CFR Part 929), to report sales, acquisition, and inventory information to the Cranberry Marketing Committee (Committee), and to maintain adequate records of such activities. The establishment of these requirements is authorized under section 8(d) of the Agricultural Marketing Agreement Act of 1937 (Act). The Committee, which administers marketing order 929, regulating the handling of cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, has been delegated by the Department of Agriculture (USDA) to collect such information authorized under Part 926. Based on information provided by the Committee, USDA has determined that the collection of information under Part 926 is of marginal benefit to the industry and should be suspended.
Nectarines and Peaches Grown in California; Temporary Suspension of Provisions Regarding Continuance Referenda Under the Nectarine and Peach Marketing Orders
Document Number: E6-22236
Type: Rule
Date: 2006-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule temporarily suspends order provisions that require continuance referenda to be conducted for the nectarine and peach marketing orders during winter 2006-07. The suspensions will enable the Department of Agriculture (USDA) to postpone conducting the continuance referenda until the industry has had sufficient time to evaluate the effects of recent amendments to the marketing orders. Temporary suspension of the continuance referenda should also minimize confusion during the upcoming committee nomination period, which overlaps with the scheduled referenda period.
Nectarines and Peaches Grown in California; Revision of Regulations on Production Districts, Committee Representation, and Nomination Procedures
Document Number: E6-22234
Type: Rule
Date: 2006-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the administrative rules and regulations that define production districts, allocate committee membership, and specify nomination procedures for the Nectarine Administrative Committee (NAC) and the Peach Commodity Committee (PCC) (committees). The committees are responsible for local administration of the Federal marketing orders (orders) for fresh nectarines and peaches grown in California, respectively. This rule also revises the committees' mailing address. These revisions are necessary to bring the orders' administrative rules and regulations into conformance with the recently amended order provisions.
Standard Instrument Approach Procedures; Miscellaneous Amendments
Document Number: E6-21954
Type: Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 26
Document Number: C6-9342
Type: Rule
Date: 2006-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Chemical Facility Anti-Terrorism Standards
Document Number: 06-9903
Type: Proposed Rule
Date: 2006-12-28
Agency: Department of Homeland Security
Section 550 of the Homeland Security Appropriations Act of 2007 (``Section 550'') provided the Department of Homeland Security with authority to promulgate ``interim final regulations'' for the security of certain chemical facilities in the United States. This notice seeks comment both on proposed text for such interim final regulations and on several practical and policy issues integral to the development of a chemical facility security program.
Appliance Labeling Rule
Document Number: 06-9901
Type: Rule
Date: 2006-12-28
Agency: Federal Trade Commission, Agencies and Commissions
The Energy Policy Act of 2005 directs the Commission to issue labeling requirements for the electricity used by ceiling fans to circulate air. The Commission is publishing amendments to the Appliance Labeling Rule that establish energy labeling requirements for these products.
Changes in Computing Depreciation
Document Number: 06-9892
Type: Rule
Date: 2006-12-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains regulations relating to a change in computing depreciation or amortization as well as a change from a nondepreciable or nonamortizable asset to a depreciable or amortizable asset (or vice versa). Specifically, these regulations provide guidance to any taxpayer that makes a change in depreciation or amortization on whether such a change is a change in method of accounting under section 446(e) of the Internal Revenue Code and on the application of section 1016(a)(2) in determining whether the change is a change in method of accounting.
Modification of Class E Airspace; Creston, IA
Document Number: 06-9826
Type: Rule
Date: 2006-12-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying the Class E airspace area at Creston Municipal Airport, IA. An examination of controlled airspace for Creston, IA, revealed discrepancies in the legal description for the Class E airspace area. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft executing Standard Instrument Approach Procedures (SIAP) to Creston Municipal Airport.
Endangered And Threatened Species; Proposed Endangered Status for North Atlantic Right Whales
Document Number: E6-22182
Type: Proposed Rule
Date: 2006-12-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, have completed a comprehensive status review of right whales in the northern hemisphere under the Endangered Species Act (ESA). Based on the findings from the status review, we have concluded these right whales exist as two species, the North Atlantic right whale (Eubalaena glacialis) and the North Pacific right whale (E. japonicus). We have also determined that each of these species is in danger of extinction throughout its range. To reflect this taxonomic revision, we are issuing two proposed rules to designate each separately as an endangered species. This proposed rule is to list the North Atlantic right whale; a proposed rule to list the North Pacific right whale is issued separately. We are soliciting public comment on this proposed listing determination.
Source of Income From Certain Space and Ocean Activities; Source of Communications Income
Document Number: E6-22174
Type: Rule
Date: 2006-12-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations under section 863(d) governing the source of income from certain space and ocean activities. It also contains final regulations under section 863(a), (d), and (e) governing the source of income from certain communications activities. In addition, this document contains final regulations under section 863(a) and (b), amending the regulations in Sec. 1.863-3 to conform those regulations to these final regulations. The final regulations primarily affect persons who derive income from activities conducted in space, or on or under water not within the jurisdiction of a foreign country, possession of the United States, or the United States (in international water). The final regulations also affect persons who derive income from transmission of communications.
Income and Currency Gain or Loss With Respect to a Section 987 QBU; Correction
Document Number: E6-22169
Type: Proposed Rule
Date: 2006-12-27
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking that was published in the Federal Register on Thursday, September 7, 2006 (71 FR 52876), regarding the determination of the items of income or loss of a taxpayer with respect to a section 987 qualified business unit as well as the timing, amount, character and source of any section 987 gain or loss.
Streamlined Application Process in Public/Private Partnerships For the Mixed-Finance Development of Public Housing Units
Document Number: E6-22165
Type: Proposed Rule
Date: 2006-12-27
Agency: Department of Housing and Urban Development
This proposed rule would revise the current application process for participation in mixed-finance public housing development programs, including HOPE VI, to simplify and streamline the application, review, and approval processes. Currently, a public housing agency (PHA) is required to submit a variety of closing documents to HUD, both before closing and after recordation. Under this proposed rule, this two-step process would be retained, but rather than submitting all documents related to the closing, a PHA would be required to complete and retain for inspection or audit all of the closing documents, and to submit to HUD only a portion of the closing documents, along with all necessary certifications of the fulfillment of the closing requirements. This change would significantly reduce the document submission burdens on PHAs while still enabling HUD to ensure that the PHAs meet the program requirements.