March 15, 2007 – Federal Register Recent Federal Regulation Documents
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Environmental Impact Statement for the California High Speed Train System from Palmdale to Los Angeles, CA
FRA is issuing this notice to advise the public that FRA and the California High Speed Rail Authority (Authority) will jointly prepare a project level Environmental Impact Statement (EIS) and project level Environmental Impact Report (EIR) for the section of the Authority's proposed California High-Speed Train (HST) System from the City of Palmdale to the City of Los Angeles in compliance with relevant State and federal laws, in particular the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by the Authority and its representatives will be considered in the preparation of the combined EIR/EIS. The Authority and FRA completed a Program EIR/EIS for the California HST System in 2005 as the first-phase of a tiered environmental review process for the proposed California HST System. The Authority certified the Final Program EIR and issued a decision, and FRA issued a Record of Decision in November 2005 on the Final Program EIS, selecting the HST Alternative for further project level environmental review and selecting corridor alignments and potential station locations, including a corridor between Palmdale and Los Angeles. The preparation of this project level Palmdale-Los Angeles HST EIR/EIS will involve development of preliminary engineering designs and assessment of environmental effects associated with the construction, operation and maintenance of the HST system, including track, ancillary facilities and stations, along the previously selected Palmdale-Los Angeles corridor.
Environmental Impact Statement for the California High Speed Train System From Los Angeles to Orange County, CA
FRA is issuing this notice to advise the public that FRA and the California High Speed Rail Authority (Authority) will jointly prepare a project level Environmental Impact Statement (EIS) and project level Environmental Impact Report (EIR) for the section of the Authority's proposed California High-Speed Train (HST) System from the City of Los Angeles (Union Station) to Orange County (Anaheim) in compliance with relevant State and federal laws, in particular the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by the Authority and its representatives will be considered in the preparation of the combined EIR/EIS. The Authority and FRA completed a Program EIR/EIS for the California HST System in 2005 as the first-phase of a tiered environmental review process for the proposed California HST System. The Authority certified the Final Program EIR and issued a decision, and FRA issued a Record of Decision in November 2005 on the Final Program EIS, selecting the HST Alternative for further project level environmental review and selecting corridor alignments and potential station locations, including a corridor between Los Angeles and Orange County. The preparation of this project level Los Angeles-Orange County HST EIR/EIS will involve development of preliminary engineering designs and assessment of environmental effects associated with the construction, operation, and maintenance of the HST system, including track, ancillary facilities and stations, along the previously selected Los Angeles-Orange County corridor.
Notice of Intent to Grant Exclusive License
Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Caribbean Dairy Institute, Inc. of Mayag[uuml]ez, Puerto Rico, an exclusive license to U.S. Patent Application Serial No. 10/895,797, ``Methods for Prevention and Treatment of Mastitis'', filed on July 21, 2004.
Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000 as Amended by the Trade Act of 2002, the Miscellaneous Trade Act of 2004, and the Pension Protection Act of 2006, for Imports of Certain Worsted Wool; Proposed Collection Extension; Comment Request
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 35068 (2)(A)).
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Vessel Monitoring Systems (VMS)/Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meetings of its Standardized Bycatch Reporting Methodology (SBRM) Committee in April, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Standard on Additional Requirements for Special Dipping and Coating Operations (Dip Tanks); Extension of the Office of Management and Budget's Approval of Information Collection (Paperwork) Requirement
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirement specified in its standard on Additional Requirements for Special Dipping and Coating Operations (Dip Tanks) (29 CFR 1910.126(g)(4)). The provision is to ensure that employers make employees aware of the minimum distance between goods being electrostatically deteared.
Representative Rate; Order of Release From Competitive Level; Assignment Rights
The Office of Personnel Management (OPM) is issuing proposed regulations clarifying representative rate as used in OPM's retention regulations. These regulations clarify how an agency determines employees' retention rights when the agency has positions in one or more pay bands. These regulations also clarify the order in which an agency releases employees from a competitive level. Finally, these regulations clarify how an agency determines employees' retention rights when a competitive area includes more than one local commuting area.
Proposed Collection; Comment Request for Notice 2006-109
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Notice 2006-109, Interim Guidance Regarding Supporting Organizations and Donor Advised Funds.
Proposed Collection; Comment Request for Form 990-N
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 990-N, Electronic Notice (e-Postcard) for Tax- Exempt Organizations Not Required To File Form 990 or 990-EZ.
Request for Nominations to the Electronic Tax Administration Advisory Committee (ETAAC)
The Electronic Tax Administration Advisory Committee (ETAAC) was established to provide continued input into the development and implementation of the Internal Revenue Service (IRS) strategy for electronic tax administration. The ETAAC provides an organized public forum for discussion of electronic tax administration issues in support of the overriding goal that paperless filing should be the preferred and most convenient method of filing tax and information returns. ETAAC members convey the public's perception of IRS electronic tax administration activities, offer constructive observations about current or proposed policies, programs, and procedures, and suggest improvements. This document seeks nominations of individuals to be considered for selection as Committee members. The Director, Electronic Tax Administration (ETA) will assure that the size and organizational representation of the ETAAC obtains balanced membership and includes representatives from various groups including: (1) Tax practitioners and preparers, (2) transmitters of electronic returns, (3) tax software developers, (4) large and small business, (5) employers and payroll service providers, (6) individual taxpayers, (7) financial industry (payers, payment options and best practices), (8) system integrators (technology providers), (9) academic (marketing, sales or technical perspectives), (10) trusts and estates, (11) tax exempt organizations, and (12) state and local governments. We are soliciting nominations from professional and public interest groups, IRS officials, the Department of Treasury, and Congress. Members serve a three-year term on the ETAAC to allow a change in membership. The change of members on the Committee ensures that different perspectives are represented. All travel expenses within government guidelines will be reimbursed. Potential candidates must pass an IRS tax compliance check and Federal Bureau of Investigation (FBI) background investigation.
Veterans' Preference
The Office of Personnel Management (OPM) is adopting as a final rule, without changes, an interim rule that implemented amendments to veterans' preference as contained in the National Defense Authorization Act for FY 2006. These amendments expanded the definition of a veteran and clarified veterans' preference eligibility for individuals discharged or released from active duty under honorable conditions. The intended effect of the regulatory changes was to conform OPM's regulations to the changes in the veterans' preference laws, to ensure that job-seeking veterans received the preference to which they are entitled.
Employment in the Senior Executive Service, Restoration To Duty From Uniformed Service or Compensable Injury, Pay Administration (General), and Pay Administration Under the Fair Labor Standards Act; Miscellaneous Changes to Pay and Leave Rules
The Office of Personnel Management is issuing final regulations to amend a number of rules on pay and leave administration, including employment in the Senior Executive Service, use of paid leave during uniformed service, time limits for using compensatory time off earned in lieu of overtime pay, and other miscellaneous changes. The final regulations are being issued to standardize pay and leave policies in support of the consolidation of agency human resources and payroll systems.
Federal Long Term Care Insurance Program: Miscellaneous Changes, Corrections, and Clarifications
The Office of Personnel Management (OPM) is issuing a final rule to make miscellaneous changes, corrections, and clarifications to the Federal Long Term Care Insurance Program (FLTCIP) regulations.
Notice of Order Closing Public Lands to Human Entry, Idaho
To protect fragile, wintering mule deer, the Bureau of Land Management (BLM) is closing to human entry seasonally, during each of three consecutive years starting in 2007, certain public lands near the South Fork of the Snake River, east of Heise, Idaho. Also, BLM will be considering a permanent, seasonal closure to protect wintering mule deer herds.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Missouri Basin Well Service Inc. for competitive oil and gas lease WYW155744 for land in Sheridan County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting; Alaska
The U.S. Department of the Air Force (USAF) has filed an application with the Bureau of Land Management that proposes to extend the duration of Public Land Order (PLO) No. 6705 for an additional 20- year period. PLO No. 6705 withdrew approximately 3,630 acres of public land from surface entry and mining, to protect the USAF Beaver Creek Research Site. The land has been and will remain closed to mineral leasing. This notice also gives an opportunity to comment on the proposed action and to request a public meeting.
Sand Mountain Recreation Area, NV, Motorized Travel Restrictions
Notice is hereby given that motorized travel is restricted on 3,985 acres on certain public lands located in and adjacent to Sand Mountain Recreation Area, Churchill County, Nevada. These restrictions are necessary because motorized travel is adversely affecting wildlife and BLM finds that in order to prevent further adverse effects to the habitat of the Sand Mountain blue butterfly (Euphilotes pallescens arenamontana) restricting motorized travel is required. These restrictions will remain in effect until such time as the Resource Management Plan has been updated to address the long-term management of the wildlife, cultural, vegetation and recreation resources in the area or until the Field Office Manager determines it is no longer needed. Resource damage has already taken place and the potential for additional adverse effects occurring as a result of unrestricted off- highway vehicle (OHV) use within this area is substantial and significant.
Hazardous Materials: Improving the Safety of Railroad Tank Car Transportation of Hazardous Materials
As part of PHMSA's and the Federal Railroad Administration's (FRA) comprehensive review of design and operational factors that affect the safety of railroad tank car transportation of hazardous materials, the two agencies invite interested persons to participate in a public meeting addressing potential improvements to hazardous materials tank cars in order to improve the overall safety of hazardous materials shipments via railroad tank car.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Prohibited From Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Suicide Prevention Program
In this document, the Bureau of Prisons (Bureau) revises its regulations on the suicide prevention program for clarity and to remove agency management procedures which do not need to be stated in regulations. We intend the revised regulations to provide for the health and safety of inmates.
Change of Controlling Agency for Restricted Area R-6601; Fort A.P. Hill, VA
This action updates the name of the controlling agency for Restricted Area R-6601, Fort A.P. Hill, VA. The FAA is taking this action to reflect the correct facility name. This is an administrative change that does not alter the boundaries, designated altitudes, time of designation, or activities conducted within R-6601.
Revisions to the Public Access to HUD Records Under the Freedom of Information Act (FOIA) Regulations
This final rule clarifies and explains the procedures to be followed by requesters seeking a waiver or a reduction of fees under the Freedom of Information Act (FOIA). This final rule describes the information that must be included in a FOIA request and the demonstrations that must be made in order for a waiver or reduction of fees to be granted. This final rule also revises the FOIA fee schedule, clarifies the time at which HUD will begin processing a FOIA request, and modifies HUD's policy on the use of outside contractors to fulfill FOIA requests. HUD undertook this effort in order to make the regulations governing fee waivers more informative and helpful in accordance with the President's recently issued Executive Order 13392, ``Improving Agency Disclosure of Information.'' This final rule also makes technical and conforming changes to reflect the realignment of FOIA correspondence processing functions within HUD, to correct HUD's definition of ``representative of the news media requester'' to ensure conformance with the Office of Management and Budget (OMB) Fee Guidelines, and to update a cross-reference to time limits applicable to HUD for responding to a FOIA request. This final rule follows publication of an October 5, 2006, proposed rule on which HUD received one public comment.
Timeliness Expenditure Standards for the Insular Areas Program
This final rule implements regulatory timeliness standards for the Insular Areas Program, as established by the Housing and Community Development Act of 1974. The expenditure standards will ensure that grantees carry out their programs in a timely manner. The standards take into consideration and reflect the unique circumstances faced by Insular Area grantees in their ability to expend CDBG allocations. The final rule provides that an Insular Area grantee may submit an abbreviated consolidated plan rather than a full consolidated plan. This final rule also makes technical and conforming changes to the Insular Areas program. The final rule follows publication of an August 7, 2006, proposed rule on which HUD did not receive any public comments. Accordingly, HUD is adopting the August 7, 2006, proposed rule without change.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in April 2007. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Required Interest Rate Assumption for Determining Variable-Rate Premium for Single-Employer Plans; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal
This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site (https://www.pbgc.gov).
Agency Information Collection Activities: Proposed Collection Renewals; Comment Request
The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning the following collections of information titled: Application For Consent to Exercise Trust Powers (3064-0025); Asset Securitization (3064-0137); and Insurance Sales Consumer Protections (3064-0140).
Medical Devices Regulated by the Center for Biologics Evaluation and Research; Availability of Summaries of Safety and Effectiveness Data for Premarket Approval Applications
The Food and Drug Administration (FDA) is publishing a list of premarket approval applications (PMAs) that have been approved by the Center for Biologics Evaluation and Research (CBER). This list is intended to inform the public of the availability through the Internet and the FDA's Division of Dockets Management of summaries of safety and effectiveness data of approved PMAs.
Notice of Public Meetings-John Day/Snake Resource Advisory Council (RAC)
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the Department of the Interior, BLM John Day Snake RAC will meet as indicated below: The John Day/Snake RAC is scheduled to meet on April 3, 2007, at the Oxford Suites at 2400 S.W. Court Place, Pendleton, OR 97801. The meeting time will be from approximately 9 a.m. to 3 p.m. A public comment period will begin at 1 p.m., and end at 1:15 p.m. (Pacific Standard Time). The meeting may include such topics as off-highway vehicle and travel management, noxious weeds, planning, Sage grouse, and other matters as may reasonably come before the council. Meeting Procedures: The meeting is open to the public. The public may present written comments to the RAC. Depending on the number of persons wishing to provide oral comments and agenda topics to be covered, the time to do so may be limited. Individuals who plan to attend and need special assistance such as sign language interpretation, tour transportation or other reasonable accommodations, should contact the BLM representative indicated below. For a copy of the information to be distributed to the RAC members, please submit a written request to the BLM Prineville District Office 10 days prior to the meeting.
Rules to Implement and Administer a Coupon Program for Digital-to-Analog Converter Boxes
In this document, the National Telecommunications and Information Administration (NTIA) adopts regulations to implement and administer a coupon program for digital-to-analog converter boxes. This rule implements provisions of section 3005 of Public Law 109-171, known as the Digital Television Transition and Public Safety Act of 2005. This action amends 47 CFR Chapter III by adding part 301.
Clean Water Act Section 303(d): Availability of List Decisions
This action announces the availability of EPA decisions identifying water quality limited segments and associated pollutants in California to be listed pursuant to Clean Water Act section 303(d)(2), and requests public comment. Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On November 30, 2006, EPA partially approved California's 2004-2006 303(d) submittal. Specifically, EPA approved California's proposal to list impaired waters and associated pollutants. On March 8, 2007, EPA partially disapproved California's decisions not to list 64 water quality limited segments and associated pollutants, and additional pollutants for 37 water bodies already listed by the State. EPA identified these additional water bodies and pollutants for inclusion on the State's 2004-2006 section 303(d) list. EPA is providing the public the opportunity to review its decisions to add waters and pollutants to California 2004-2006 section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decisions on the additional water bodies and pollutants identified for inclusion on California's final lists.
Nectarines and Peaches Grown in California; Temporary Suspension of Provisions Regarding Continuance Referenda Under the Nectarine and Peach Marketing Orders
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule temporarily suspending order provisions that require continuance referenda to be conducted for the nectarine and peach marketing orders during winter 2006-07. This rule enables 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 current committee nomination period, which overlaps with the scheduled referenda period.
Digital-to-Analog Converter Box Coupon Program Public Meeting
Summary: NTIA will hold a public meeting on March 19, 2007 in connection with its Digital-to-Analog Converter Box Coupon Program described in the Final Rule that was recently adopted by NTIA.
Drug and Alcohol Testing Requirements
The Federal Aviation Administration (FAA) is making minor technical changes to update references to various types of commercial operators within the drug and alcohol testing regulations. In the final rule, ``National Air Tour Safety Standards'' (Air Tours) published on February 13, 2007, we changed the regulatory sections that referred to sightseeing operators that did not hold a certificate but that continued to be subject to drug and alcohol testing requirements. In addition, this technical amendment updates other references in the drug and alcohol testing regulations including addresses. The intent of this amendment is to avoid confusion created by inconsistent terms and references within the FAA's regulations.
Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” Gliders
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:
Airworthiness Directives; Boeing Model 737-600, -700, -700C, and -800 Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 737-600, -700, -700C, and - 800 series airplanes. That AD currently requires replacing the point ``D'' splice fitting between windows number 1 and 2 with a new splice fitting; performing an eddy current inspection for cracking of the holes in the structure common to the new splice fitting, including doing any related investigative actions; and performing corrective actions if necessary. This new AD adds repetitive inspections for cracking of the skin just below each splice fitting, and related corrective actions if necessary. This AD results from full-scale fuselage fatigue testing on the splice fitting that failed prior to the design objective on Boeing Model 737-800 series airplanes, and a report of a cracked splice fitting on an operational airplane. We are issuing this AD to prevent cracking of the existing fitting, which may result in cracking through the skin and consequent decompression of the flight deck.
Airworthiness Directives; Rolls-Royce plc RB211-524 Series Turbofan Engines
The FAA is superseding an existing airworthiness directive (AD) for Rolls Royce plc (RR) RB211-524 series turbofan engines with certain part number (P/N) intermediate pressure compressor (IPC) stage 5 disks installed. That AD currently requires new reduced IPC stage 5 disk cyclic limits. This AD requires the same reduced IPC stage 5 disk cyclic limits, requires removal from service of affected disks that already exceed the new reduced cyclic limit, and, removal from service of other affected disks before exceeding their cyclic limits using a drawdown schedule. This AD also exempts disks reworked to RR Service Bulletin (SB) No. RB.211-72-E182, Revision 1, dated July 30, 2004, and allows an on-wing eddy current inspection (ECI) on RB211-524G and RB211-524H series engines. This AD results from the manufacturer issuing a revised Alert Service Bulletin (ASB) to remove certain disks from applicability, and to allow an on-wing ECI on RB211-524G and RB211-524H series engines. We are issuing this AD to prevent failure of the IPC stage 5 disk, which could result in uncontained engine failure and possible damage to the airplane.
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