January 10, 2007 – Federal Register Recent Federal Regulation Documents

This is a Notice of the Presidential declaration of a major disaster for the State of New York (FEMA-1670-DR), dated 12/22/2006. Incident: Severe Storms and Flooding. Incident Period: 11/16/2006 through 11/17/2006. Effective Date: 12/22/2006. Physical Loan Application Deadline Date: 2/20/2007. Economic Injury (Eidl) Loan Application Deadline Date: 9/24/2007.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Alaska Resource Advisory Council will meet as indicated below.

On December 21, 2006 the Pipeline and Hazardous Materials Safety Administration, in consultation with the Federal Railroad Administration and the Transportation Security Administration, published a notice of proposed rulemaking proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we are proposing to require rail carriers to compile annual data on specified shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are also proposing clarifications of the current security plan requirements to address en route storage, delays in transit, delivery notification, and additional security inspection requirements for hazardous materials shipments. PHMSA will hold two public meetings, on February 1, 2007, in Washington, DC, and February 9, 2007, in Dallas, Texas, to obtain stakeholder comments on the proposed rail security requirements. Information on the dates and locations of the public meetings is provided in this notice.

The Federal Energy Regulatory Commission has received two petitions requesting changes in, or clarifications of, the Commission's regulations relating to the release of capacity on interstate natural gas pipelines. The Commission is requesting comments on the current operation of the Commission's capacity release program and whether changes in any of its capacity release policies would improve the efficiency of the natural gas market.

An open meeting of the Area 1 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: Quality Control Material for Cystic Fibrosis Nucleic Acid Assays.'' This guidance document describes a means by which quality control material for cystic fibrosis nucleic acid assays may comply with the requirement of special controls for class II devices. It includes recommendations for validation of performance characteristics and recommendations for product labeling. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule to classify quality control material for cystic fibrosis nucleic acid assays into class II (special controls). This guidance document is being immediately implemented as the special control for quality control material for cystic fibrosis nucleic acid assays, but it remains subject to comment in accordance with the agency's good guidance practices (GGPs).

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 14 approved new animal drug applications (NADAs) from ADM Animal Health & Nutrition Division to ADM Alliance Nutrition, Inc.

We are proposing to amend the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of certain cattle being exported to countries that do not require such testing. This action would facilitate the exportation of certain cattle by eliminating the need to conduct pre- export tuberculosis and brucellosis testing when the receiving country does not require such testing.

In this order on rehearing, the Federal Energy Regulatory Commission (Commission) reaffirms its determinations in part and grants rehearing in part of Promoting Transmission Investment through Pricing Reform, Order No. 679. Order No. 679 amended Commission regulations to establish incentive-based (including performance-based) rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefiting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas Model MD-11 and -11F airplanes. That AD currently requires an initial general visual inspection of the power feeder cables of the integrated drive generator (IDG) and the fuel feed lines of engine pylons No. 1 and No. 3 on the wings for proper clearance and damage; corrective actions if necessary; and repetitive general visual inspections and a terminating action for the repetitive inspections. This new AD requires the existing actions, and for certain airplanes, this AD requires installation of new clamps on the power feeder cables of the IDG of engine pylons No. 1 and No. 3. This AD results from reports of IDG power feeder cables riding against structure and fuel lines in the No. 1 and No. 3 pylons. We are issuing this AD to prevent potential chafing of the power feeder cables of the IDG in engine pylons No. 1 and No. 3 on the wings, and consequent arcing on the fuel lines in the engine pylons and possible fuel fire.

The United States Department of Agriculture, Rural Development is soliciting public comment and historical information on the heir property issue as it affects African American farmers and homeowners.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review and approval, as required by the paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This is a request for information collection that will be used by PHAs and owners to request that an individual, in response to an incident or incidents of actual or threatened domestic violence, dating violence or stalking that may affect a tenant's participation in the housing program to request in writing that an individual complete, sign and submit within 14 business days of the request, a HUD-approved certification form. On the form, the individual certifies that he/she is a victim of domestic violence, dating violence, or stalking, and that the incident or incidences in question are bona fide incidences of such actual or threatened abuse. On the certification form, the individual must provide the name of the perpetrator. PHAs are instructed that the delivery of the certification form to the tenant in response to incident via mail may place the victim at risk, e.g., the abuser may monitor the mail; consequently, PHAs, owners and managers may require that the tenant come into the office to pick up the certification form. PHAs and owners are also encouraged to work with tenants to make delivery arrangements that do not place the tenant at risk. If the individual does not provide the certification form or alternate documentation that may satisfy the certification requirements by the 14th business days or after any extension of that date provided by the PHA, owner or manager, none of the protections afforded to the victim of domestic violence, dating violence or stalking by sections 606 or 607 will apply. The PHA, owner or manager would therefore be free to evict, or terminate assistance, in the circumstances authorized by otherwise applicable law and lease provisions, without regard to the amendments made by section 606 and 607.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

Notice is hereby given of the availability of the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the National Oceanic and Atmospheric Administration's (NOAA) approval of the State of Alaska's Coastal Management Program (ACMP) request to incorporate revisions to the cities of Skagway, Hoonah and Pelican's coastal district management and plan and to delete the cites of Angoon, Hydaburg, Kake, Klawock, and St. Paul coastal district management plans and associated Areas Meriting Special Attention (AMSA) as a routine program change to the ACMP. The EA was prepared pursuant to the National Environmental Policy Act (NEPA) U.S.A. 4321 et seq. to assess the environmental impacts associated with the approval and implementation of these revisions to the ACMP, which were submitted to NOAA by the State of Alaska. Pursuant to Section 306(g) of the Coastal Zone Management Act of 1972 as amended (CZMA) and NOAA's Office of Ocean and Coastal Resource Management (OCRM) regulations (15 CFR part 923, subpart H), OCRM is required to approve any amendment, modification, or other change to a state's federally- approved coastal management program. This includes changes to local coastal management programs. See 15 CFR part 923, subpart E. For the purposes of this EA, the proposed action is approval of the proposed revisions to three district coastal management plans and deletion of the five district coastal management plans and associated AMSA. These changes to the ACMP will bring the three revised district coastal management plans into compliance with the recently-approved amendments to the ACMP, and eliminate five previously-approved district coastal management plans and their associated AMSA. The five districts will no longer participate at the local level in the State's federally- approved coastal zone management program. The coastal area in which the five deleted coastal management programs reside will continue to be covered by the ACMP's federally-approved statewide (rather than local) policies. However, due to other recent changes to the ACMP approved by OCRM, some district area uses and resources may not receive the same level of resource coverage, including subsistence resources. NOAA finds that the ACMP has met the requirements for submitting a routine program change to OCRM and proposes to approve the program change. Based upon the EA, NOAA proposes to conclude that a Finding of No Significant Impact is appropriate, and therefore, an Environmental Impact Statement is unnecessary. The Council on Environmental Quality's regulations to implement NEPA require agencies to provide public notice of the availability of environmental documents. 40 CFR 1506.6. This notice is part of NOAA's action to comply with this requirement. A copy of the final EA and the Finding of No Significant Impact may be found on OCRM's Web site at https://coastalmanagement.noaa.gov/ assessments/welcome.html or may be obtained upon request from: Helen Bass, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East- West Highway, Silver Spring, Maryland 20910, telephone: (301) 713-3155, x175, e-mail: Helen.Bass@noaa.gov.