January 2007 – Federal Register Recent Federal Regulation Documents

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 6 highway bridge across the Acushnet River, mile 0.0, between New Bedford and Fairhaven, Massachusetts. Under this temporary deviation a 30-minute advance notice for bridge openings shall be required between 7 a.m. and 5 p.m., Monday through Friday, from January 8, 2007 through February 2, 2007. This deviation is necessary to facilitate emergency bridge fender repairs.

In connection with rules adopted in Release No. 34-40761 (December 8, 1998), 63 FR 70952 (December 22, 1998) (``Original Release''), the Commission is making a technical correction to the delegation of authority to the Director of the Division of Market Regulation appearing in the Commission's Rules of Practice and Investigations. Specifically, the Commission is correcting a cross- reference appearing in the delegation.

The Farm Credit Administration (FCA, Agency, or we) Board reopens the comment period for 45 days following the date of publication in the Federal Register on the proposed rule to amend its regulation governing financing of processing and marketing operations by Farm Credit System (Farm Credit, FCS, or System) institutions under titles I and II of the Farm Credit Act of 1971, as amended (Act), so that interested parties will have additional time to provide comments.

The Farm Credit Administration (FCA) published a final rule under part 611 on August 4, 2006 (71 FR 44410). This final rule updates the termination procedures for Farm Credit System banks and associations under sections 7.9, 7.10 and 7.11 of the Farm Credit Act of 1971, as amended, ensures that interested parties have sufficient time and opportunities to be fully informed about a termination proposal, and ensures that a significant proportion of equity holders are engaged in the termination process. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is January 4, 2007.

This interim rule describes the rules applicable to the offset of Federal nontax payments to collect delinquent debts owed to States pursuant to reciprocal agreements between the Secretary of the Treasury and the States. In addition to providing for the offset of Federal nontax payments, the reciprocal agreements will provide for the offset of State payments to collect delinquent, nontax Federal debts. The offsets described in this rule will be processed by the Treasury Offset Program (TOP). The Department of the Treasury's Financial Management Service (FMS) established TOP in order to centralize the process by which Federal payments are withheld or reduced (in other words, offset) to collect delinquent debts. This interim rule specifically applies to the centralized offset of Federal nontax payments by Federal disbursing officials to collect delinquent debts owed to States pursuant to reciprocal agreements. Therefore, this interim rule affects persons who owe delinquent debts to a State of the United States and who receive Federal payments. It also affects persons who owe delinquent, nontax Federal debts and who receive payments from States. This rule does not apply to collection of past-due support debts (see 31 CFR 285.1), the offset of Federal tax refund payments, the offset of Federal salary payments, or the offset of other Federal payments excluded from offset by law.

We are reproposing amendments to the rules that govern when a foreign private issuer may terminate the registration of a class of equity securities under section 12(g) of the Securities Exchange Act of 1934 (``Exchange Act'') and the corresponding duty to file reports required under section 13(a) of the Exchange Act, and when it may cease its reporting obligations regarding a class of equity or debt securities under section 15(d) of the Exchange Act. Under the current rules, a foreign private issuer may find it difficult to terminate its Exchange Act registration and reporting obligations despite the fact that there is relatively little interest in the issuer's U.S.- registered securities among United States investors. Moreover, currently a foreign private issuer can only suspend, and cannot terminate, a duty to report arising under section 15(d) of the Exchange Act. Reproposed Exchange Act Rule 12h-6 would permit the termination of Exchange Act reporting regarding a class of equity securities under either section 12(g) or section 15(d) of the Exchange Act by a foreign private issuer that meets a quantitative benchmark designed to measure relative U.S. market interest for that class of securities, which does not depend on a head count of the issuer's U.S. security holders. The reproposed benchmark would require the comparison of the average daily trading volume of an issuer's securities in the United States with that in its primary trading market. Because the Commission did not fully address this approach when it originally proposed Rule 12h-6, and because of other proposed changes to Rule 12h-6 not fully discussed in the original rule proposal, we are reproposing Rule 12h-6 and the accompanying rule amendments. These rule amendments would seek to provide U.S. investors with ready access through the Internet on an ongoing basis to material information about a foreign private issuer of equity securities that is required by its home country after it has exited the Exchange Act reporting system.

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of Thrift Supervision (OTS) (collectively, the Agencies) are amending their rules regarding management interlocks to implement section 610 of the Financial Services Regulatory Relief Act of 2006 (FSRRA) and to correct inaccurate cross-references.

This rule modifies a Class E area airspace area extending upward from 700 feet above the surface at Hayward, WI. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from the executing instrument approach procedures to Hayward, WI and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by modifying Class E airspace at Thedford, Thomas County Airport, NE. Standard Instrument Approach Procedures have been developed for Thedford, Thomas County Airport, NE. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of the existing controlled airspace for Thedford, NE.

This action confirms the effective date of a direct final rule that established the Class E airspace area at Bethel Regional Airport, Bethel ME (K0B1) to provide for adequate controlled airspace for those aircraft using the new Helicopter Area Navigation (RNAV), 317 Instrument Approach procedure to the Airport. This action also corrects a transposition error and editorial omission that appeared in the airspace description contained in the final rule that was published on Thursday, October 26, 2006.

NMFS proposes specifications for the 2007-2009 Atlantic herring fishery. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.

The FAA issues these special conditions for a Gulfstream Aerospace Corporation Model G-1159A airplane modified by AeroMech Incorporated. This modified airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of Innovative Solutions and Support integrated air data display units (ADDU). These systems perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

In response to a request for dismissal of the Application for Review of the Report and Order, in this proceeding, the Application for Review is dismissed.

This document requests comments on the removal of two mutually exclusive vacant allotments, Channel 282C3 at Boswell, Oklahoma and Channel 282C2 at Detroit, Texas. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. These vacant allotments are separated by 39.5, a short-spacing of 137.5 kilometers. The minimum distance spacing requirement for these allotments is 177 kilometers. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal. See SUPPLEMENTARY INFORMATION, infra.

The Commodity Futures Trading Commission (``Commission'') is amending its regulations to provide that the Commission may, by written order, temporarily prohibit a futures commission merchant (``FCM'') from carrying out equity withdrawal transactions that would reduce excess adjusted net capital by 30 percent or more. The proposed orders would be based on the Commission's determination that such withdrawal transactions could be detrimental to the financial integrity of FCMs or could adversely affect their ability to meet customer obligations. The proposed amendments also would provide that an FCM may file with the Commission a petition for rescission of an order temporarily prohibiting equity withdrawals from the FCM.

This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial active ingredient Beauveria bassiana HF23 (B. bassiana HF23) on all food and feed commodities when applied/used to treat chicken manure which will eventually be processed and used as fertilizer on agricultural crops. Jabb of the Carolinas submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of B. bassiana HF23.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Steamboat Slough Drawbridge across Steamboat Slough, mile 11.2, near Paintersville, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to refurbish and replace aging operating machinery.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2006-20-14 that was sent previously to all known U.S. owners and operators of certain EMBRAER Model ERJ 170 and ERJ 190 airplanes by individual notices. This AD requires modification of certain flight deck door electronic equipment. This AD is prompted by a report indicating that this equipment is defective. We are issuing this AD to prevent failure of this equipment, which could jeopardize flight safety.

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.

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.