March 19, 2007 – Federal Register Recent Federal Regulation Documents

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to renew an information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on January 9, 2007. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The Bureau of Land Management (BLM) has filed the plats of survey of the lands described below in the BLM Wyoming State Office, Cheyenne, Wyoming, on the dates indicated.

The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for blood and tissue collection at slaughtering and rendering establishments to enhance animal disease surveillance.

On January 16, 2007, a Bi-National Panel (``Panel'') constituted under the North American Free Trade Agreement (``NAFTA'') affirmed the U.S. Department of Commerce's (``the Department's'') redetermination on remand of the final results of the fourth antidumping duty administrative review on oil country tubular goods from Mexico. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Review and Determination Not to Revoke, USA-MEX-2001-1904-05 (January 16, 2007) (``NAFTA Final Decision''). This case arises out of the Department's determination in the final results of administrative review covering the period August 1, 1998, to July 31, 1999. See Oil Country Tubular Goods from Mexico: Final Results of Antidumping Review and Determination Not To Revoke in Part, 66 FR 15832 and accompanying Issues and Decision Memorandum (``Final Results''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the NAFTA Final Decision and the Notice of Final Panel Action are not in harmony with the Department's Final Results.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, (30) days from the date of publication in the Federal Register.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Draft General Management Plan and Environmental Impact Statement for Valley Forge National Historical Park, Pennsylvania. An electronic version of the document is currently available for public review on the National Park Service Planning, Environment and Public Comment Web site at https://parkplanning.nps.gov. However, printed copies of the document will not be available until on or about February, 2007.

This notice publishes an approval of the amendment to the Tribal-State Compact for regulation of Class III gaming between the Confederated Tribes of the Umatilla Indian Reservation and the State of Oregon.

This notice publishes an approval of the Tribal-State Gaming Compact for regulation of Class III gaming between the Cow Creek Band of Umpqua Tribe of Indians and the State of Oregon.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify a SOR titled, ``Long Term Care-Minimum Data Set'' (MDS), System No. 09-70-1517, most recently modified at 67 FR 6714 (February 13, 2002). We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the Health Care Financing Administration systems of records. The new identifying number for this system should read: System No. 09-70-0528. We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We also propose to modify existing routine use number 3 that permits disclosure to Peer Review Organizations (PRO). The name of PROs has been changed to read: ``Quality Improvement Organizations (QIO).'' QIOs will continue work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. The modified routine use will remain as routine use number 3. We will delete routine use number 6 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the ``prior written consent'' of the data subject. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the system is to aid in the administration of the survey and certification, and payment of Medicare Long Term Care services, which include skilled nursing facilities (SNFs), nursing facilities (NFs) SNFs/NFs, and hospital swing beds, and to study the effectiveness and quality of care given in those facilities. Information in this system will also be used to: (1) Support regulatory, reimbursement, and policy functions performed within the Agency or by a contractor or consultant; (2) assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent; (3) support Quality Improvement Organizations (QIO); (4) assist other insurers for processing individual insurance claims; (5) facilitate research on the quality and effectiveness of care provided, as well as payment related projects; (6) support litigation involving the Agency; (7) assist national accrediting organizations; and (8) combat fraud, waste, and abuse in certain health benefits programs. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See ``Effective Dates'' section for comment period.

NMFS provides notice of the guideline harvest levels (GHL) for the guided sport halibut fishery (charter fishery) in the International Pacific Halibut Commission (IPHC) regulatory areas 2C and 3A. The GHLs provide a benchmark harvest level for participants in the charter fishery. This notice is necessary to meet the management and regulatory requirements for the GHLs and to inform the public about the 2007 GHLs for the charter fishery.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1-year letter of authorization (LOA) has been issued to the Alaska Aerospace Development Corporation (AADC), to take Steller sea lions (Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina richardii) incidental to rocket launches from the Kodiac Launch Complex (KLC).

The National Oceanic and Atmospheric Administration, National Marine Fisheries Service publishes this notice to reopen the competitive solicitation for the Chesapeake Bay Cooperative Science Program which was originally published in the Federal Register on December 27, 2006. The solicitation period was reopened to provide the public more time to submit proposals.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Indexing Structured Product Labeling.'' This guidance explains that the Center for Drug Evaluation and Research (CDER) will index structured product labeling (SPL) in the product labeling for human drugs. This guidance also makes recommendations to industry on how to request a change to the indexing information in the SPL.

In the final rule with this same title published January 25, 2007, we noted that the Office of Management and Budget (OMB) had not approved an extension and change to the collection of information associated with the amendments to 33 CFR 104.267, 105.257 and 106.262, requiring vessel and facility owners and operators wishing to grant unescorted access to a new hire prior to receipt of a TWIC to enter the new employee information into a Coast Guard owned and maintained Web site, homeport.uscg.mil, and await results of an expedited threat assessment. OMB has since approved that collection of information as Information Collection number 1625-0110, Maritime Identification CredentialsTitle 33 CFR Part 125. The change was requested to extend an existing collection that was due to expire, and expand the collection to include the collection of information for the ``new hire'' provisions.

This document contains final regulations under section 1503(d) of the Internal Revenue Code (Code) regarding dual consolidated losses. Section 1503(d) generally provides that a dual consolidated loss of a dual resident corporation cannot reduce the taxable income of any other member of the affiliated group unless, to the extent provided in regulations, the loss does not offset the income of any foreign corporation. Similar rules apply to losses of separate units of domestic corporations. These final regulations address various dual consolidated loss issues, including exceptions to the general prohibition against using a dual consolidated loss to reduce the taxable income of any other member of the affiliated group.