February 2007 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management (OPM) is making a technical amendment to the final regulations concerning the Combined Federal Campaign (CFC). This technical amendment corrects the final rule issued on November 20, 2006 by re-inserting text that was erroneously removed.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations under section 181 of the Internal Revenue Code relating to deductions for costs of producing qualified film and television productions. These temporary regulations reflect changes to the law made by the American Jobs Creation Act of 2004 and the Gulf Opportunity Zone Act of 2005, and affect taxpayers that produce films and television productions within the United States. This action is necessary to provide guidance for the application of section 181. The text of the temporary regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations.

EPA is proposing to amend the new source performance standards (NSPS) for electric utility steam generating units and industrial- commercial-institutional steam generating units. On February 27, 2006, EPA promulgated amendments to the NSPS for steam generating units. EPA is proposing to amend specific provisions in the NSPS for steam generating units to resolve issues and questions raised by petitioners for reconsideration of the promulgated amendments, and to correct technical and editorial errors that have been identified since promulgation. In addition, the proposed rule would update the grammatical style of the four NSPS steam generating unit subparts to be consistent across all of the subparts.

NMFS revises regulations implementing the South Pacific Tuna Act of 1988, as amended (SPTA), to reflect the changes agreed to in the Third Extension of the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America and its annexes, schedules, and implementing agreements, as amended (Treaty). New provisions under the Treaty relate to vessel monitoring system (VMS) requirements, vessel reporting requirements, area restrictions for U.S. purse seine vessels fishing under the Treaty, and allowing U.S. longline vessels to fish on the high seas portion of the Treaty Area. These actions are intended to bring the United States into compliance with its obligations under the Treaty.

The National Endowment for the Arts (NEA) implements Office of Management and Budget (OMB) guidance on nonprocurement suspension and debarment, issued on August 31, 2005 [70 FR 51863], by adopting the guidelines in a new part in title 2 of the CFR, the Government-wide title recently established for OMB guidance on grants and agreements, and removing 45 CFR part 1154, the part containing the NEA implementation of the government-wide common rule on nonprocurement debarment and suspension. This regulatory action would make no substantive change in NEA policy or procedures for nonprocurement debarment and suspension.

Current vessel response plan regulations require the owners or operators of vessels carrying Groups I through V petroleum oil as a primary cargo to identify in their response plans a salvage company with expertise and equipment, and a company with firefighting capability that can be deployed to a port nearest to the vessel's operating area within 24 hours of notification (Groups I-IV) or a discovery of a discharge (Group V). On January 23, 2004, a notice of suspension was published in the Federal Register, suspending the 24- hour requirement scheduled to become effective on February 12, 2004, until February 12, 2007 (69 FR 3236). The Coast Guard has decided to extend this suspension period for another two years to allow us to complete the rulemaking that will revise the salvage and marine firefighting requirements.

This final rule adopts, without change, the Program Fraud Civil Penalties interim rule published by the Department of Homeland Security (DHS) on October 12, 2005. This rule finalizes uniform administrative procedures for DHS to implement the Program Fraud Civil Remedies Act of 1986 (the Act).

The Commission is proposing for comment rules to implement provisions of the Credit Rating Agency Reform Act of 2006 (the ``Act''), enacted on September 29, 2006. The Act defines the term ``nationally recognized statistical rating organization,'' provides authority for the Commission to implement registration, recordkeeping, financial reporting, and oversight rules with respect to registered credit rating agencies, and directs the Commission to issue final implementing rules no later than 270 days after its enactment (or by June 26, 2007).

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of this rule is to set forth the procedures for stationary source reporting and the criteria for obtaining a permit to construct and operate a new stationary source which is not a major stationary source. The rule establishes the requirements for obtaining an administrative update to an existing permit, temporary permit or a general permit, and for filling notifications and maintaining records of changes not otherwise subject to the permit requirements of this rule. The rule establishes public participation requirements as well as procedures for the transfer, suspension and revocation of permits. EPA is approving these revisions to West Virginia's SIP in accordance with the requirements of the Clean Air Act. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the state submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The Food and Drug Administration (FDA) is reopening to February 26, 2007, the comment period for the proposed rule published in the Federal Register of August 29, 2006 (71 FR 51276). The proposed rule would amend the agency's current regulations governing establishment registration and drug listing. The initial comment period was extended (71 FR 63726, October 31, 2006) until January 26, 2007. We recently learned that, on January 26, 2007, the last day of the comment period, technical problems prevented some persons from submitting electronic comments. Therefore, FDA is reopening the comment period until February 26, 2007, to allow interested persons to submit comments for this rulemaking.

EPA proposes to approve the Clean Air Act (CAA) section 111(d)/129 State Plan submitted by the Florida Department of Environmental Protection (Florida DEP) for the State of Florida on November 29, 2001, and subsequently updated on March 11, 2005. The State Plan is for implementing and enforcing the Emissions Guidelines applicable to existing Small Municipal Waste Combustion (SMWC) units. The State Plan was submitted by Florida DEP to satisfy CAA requirements. In the Rules Section of this Federal Register, EPA is approving Florida's State Plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial plan and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to the direct final rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this document should do so at this time.

FMCSA proposes to amend its regulations to require brokers who arrange the transportation of household goods in interstate or foreign commerce for consumers to comply with additional consumer protection requirements. This rulemaking is in response to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and a petition for rulemaking from the American Moving and Storage Association. This rulemaking is intended to educate and inform consumers and brokers about fair and competitive business practices proposed by the FMCSA.

The EPA is announcing a reopening of the public comment period on our proposed amendments for the Review of New Sources and Modification in Indian Country (August 21, 2006). The EPA is reopening the comment period that originally ended on January 19, 2007. The reopened comment period will close on March 20, 2007. The EPA is reopening the comment period because of the number of requests we received in a timely manner.

These special conditions are issued to Quest Aircraft Company, LLC; 1200 Turbine Drive; Sandpoint, ID 83864 for a type certificate for the Kodiak Model 100 airplane. These airplanes will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of electrical and electronic systems that perform critical functions for which the applicable regulations do not contain adequate or appropriate airworthiness 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 the airworthiness standards applicable to these airplanes.

This document amends the Federal Management Regulation (FMR) to correct an omission from the amended final rule that was published in the Federal Register at 71 FR 52498, September 6, 2006. The original final rule, which was published initially in the Federal Register at 70 FR 67786, November 8, 2005, broadly applied GSA's accessibility standards to the design, construction and alteration of buildings subject to the Architectural Barriers Act (other than residential structures subject to the Architectural Barriers Act and facilities of the Department of Defense and the Postal Service), as provided by statute. When the implementation dates for the accessibility standards were amended on September 6, 2006, the amendment inadvertently deleted reference to facilities other than those that were Federally-owned or leased. Accordingly, this final rule corrects this oversight. Except as expressly modified by this final rule, all other terms and conditions of the Architectural Barriers Act standards remain in full force and effect.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an excessive lateral play caused by a nonconforming washer that might lead to the deterioration of the elevator trim tab bearing fatigue resistance. We are issuing this AD to require actions to correct the unsafe condition on these products.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That AD currently requires repetitive detailed and eddy current inspections of the main fittings of the main landing gears (MLG) to detect discrepancies, and related investigative/ corrective actions if necessary. The AD also currently requires servicing the shock strut of the MLGs; inspecting the shock strut of the MLGs for nitrogen pressure, visible chrome dimension, and oil leakage; and servicing any discrepant strut. This new AD requires installing a new, improved MLG main fitting, which terminates the repetitive inspection and servicing requirements of the existing AD. This AD results from stress analyses that showed certain main fittings of the MLGs are susceptible to premature cracking, starting in the radius of the upper lug. We are issuing this AD to detect and correct premature cracking of the main fittings of the MLGs, which could result in failure of the fittings and consequent collapse of the MLGs during landing.

Under the Endangered Species Act (Act), we, the U.S. Fish and Wildlife Service (Service), propose to establish a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) of the United States. The proposed NRM DPS of the gray wolf encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. We are also proposing to remove the gray wolf in the NRM DPS from the List of Endangered and Threatened Wildlife under the Act, because threats will have been reduced or eliminated if Wyoming adopts a State law and wolf management plan that we believe will adequately conserve wolves. The States of Montana and Idaho have adopted State laws and management plans that would conserve a recovered wolf population into the foreseeable future. However, Wyoming State law and its wolf management plan are not sufficient to conserve Wyoming's portion of a recovered NRM wolf population at this time. Therefore, if Wyoming fails to modify its management regime to adequately conserve wolves, we will keep a significant portion of the range in the Wyoming portion of the NRM DPS because there are not adequate regulatory mechanisms in that area. In this situation, wolves in the significant portion of the range in northwestern Wyoming, outside the National Parks, will retain their nonessential experimental status under section 10(j) of the Act. We will remove the remainder of the NRM DPS from the List of Endangered and Threatened Species. Any gray wolves in the remainder of Wyoming outside the National Parks and those portions of Washington, Oregon, and Utah in the NRM DPS, are not essential to conserving the NRM wolf population and these areas do not constitute a significant portion of the range in the DPS. Therefore these areas will not remain listed. We are also soliciting comments regarding our intention to use section 6 agreements to allow States outside the NRM DPS with Service-approved wolf management plans to assume management of listed wolves, including nonlethal and lethal control of problem wolves.

NMFS proposes to develop a new vessel list at the beginning of each calendar year of U.S. vessels eligible to fish for albacore tuna in Canadian waters. The vessel list would revert to zero vessels on December 31 of each year, unless NMFS receives a notice for a vessel to be added to the list for the upcoming year, with the requisite information. This proposed regulation would clarify that the vessel list will remain valid for a single calendar year. Updating the list every year is intended to facilitate the United States' obligation to annually provide Canada a current list of U. S. vessels that are likely to fish albacore off the coast of Canada.

This document corrects a final rule appearing in the Federal Register on December 11, 2006 (71 FR 71463) to add the NUHOMS[supreg] HD cask system to the list of approved spent fuel storage casks. This action is necessary to correct an erroneous date.

This final rule will implement additional handling, release, and disentanglement requirements for sea turtles and other non-target species caught in the commercial shark bottom longline (BLL) fishery. These requirements increase the amount of handling, release, and disentanglement gear that are required to be on BLL vessels and are intended to reduce post hooking mortality of sea turtles and other non- target species consistent with the Highly Migratory Species (HMS) Fishery Management Plan (FMP). This final rule will also implement management measures, consistent with those recommended by the Caribbean Fishery Management Council (CFMC) and implemented by NMFS on October 28, 2005, that prohibit vessels issued HMS permits with BLL gear onboard from fishing in six distinct areas off the U.S. Virgin Islands and Puerto Rico, year-round. These six closures are intended to minimize adverse impacts to Essential Fish Habitat (EFH) for reef- dwelling species.

This regulation establishes a time-limited tolerance for combined residues of the insecticide avermectin B1 and its delta-8,9-isomer in or on bulb onions. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of this pesticide on bulb onions. This regulation establishes a maximum permissible level for residues of avermectin in this food commodity. The tolerance expires and is revoked on December 31, 2009.

On September 7, 2004, the Commission released a Report and Order in the matter of ``Unlicensed Devices and Equipment Approval.'' This document contains corrections to the final regulations that appeared in the Federal Register of September 7, 2004 (69 FR 54027).

The Coast Guard is establishing a temporary safety zone in the waters surrounding the Wantagh Parkway Number 3 Bridge across the Sloop Channel in Town of Hempstead, New York. This zone is necessary to protect vessels transiting in the area from hazards associated with construction barges and equipment being utilized to construct a new bascule bridge over the Sloop Channel. Entry into this zone is prohibited unless authorized by the Captain of the Port, Long Island Sound.

On December 15, 2006 SBA published in the Federal Register an interim final rule on disaster relief to small business concerns damaged by drought (71 FR 75407). This interim final rule made revisions to the SBA economic injury disaster loans available to small businesses that have been adversely affected by drought, or by below average water levels in any body of water that supports commerce by small business concerns. The original comment period was from December 15, 2006 through January 16, 2007. SBA is reopening the comment period until March 9, 2007 because SBA believes that affected parties need more time to adequately respond.