March 20, 2007 – Federal Register Recent Federal Regulation Documents
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Corporate Reorganizations; Guidance on the Measurement of Continuity of Interest
This document contains final and temporary regulations that provide guidance regarding the satisfaction of the continuity of interest requirement for corporate reorganizations. These regulations affect corporations and their shareholders. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Advisory Committee on the Electronic Records Archives
In accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on the Electronic Records Archives (ACERA). The committee serves as a deliberative body to advise the Archivist of the United States on technical, mission, and service issues related to the Electronic Records Archives (ERA). This includes, but is not limited to, advising and making recommendations to the Archivist on issues related to the development, implementation, and use of the ERA system. Date of Meeting: April 4-5, 2007. Time of Meeting: 9 a.m.-4 p.m. Place of Meeting: 700 Pennsylvania Avenue, NW., Washington, DC 20408-0001. This meeting will be open to the public. However, due to space limitations and access procedures, the name and telephone number of individuals planning to attend must be submitted to the Electronic Records Archives Program at era.program@nara.gov.
Office of the Assistant Secretary for Preparedness and Response; HHS Public Health Emergency Medical Countermeasures Enterprise Strategy for Chemical, Biological, Radiological and Nuclear Threats
The United States faces serious public health threats from the deliberate use of weapons of mass destruction (WMD)chemical, biological, radiological, or nuclear (CBRN)by hostile States or terrorists, and from naturally emerging infectious diseases that have a potential to cause illness on a scale that could adversely impact national security. Effective strategies to prevent, mitigate, and treat the consequences of CBRN threats is an integral component of our national security strategy. To that end, the United States must be able to rapidly develop, stockpile, and deploy effective medical countermeasures to protect the American people. This HHS Public Health Emergency Medical Countermeasures Enterprise Strategy (HHS PHEMCE Strategy) establishes the goals and objectives that HHS will employ to ensure that medical countermeasures are available for effective use against the highest priority CBRN threats facing the Nation. The HHS PHEMCE Strategy considers the full spectrum of medical countermeasures- related activities, including research, development, acquisition, storage/maintenance, deployment, and utilization. The HHS PHEMCE Strategy is consistent with the President's Biodefense for the 21st Century and aligned with the National Strategy for Medical Countermeasures against Weapons of Mass Destruction.
Drawbridge Operation Regulations; Raritan River, Arthur Kill, and Their Tributaries, NJ
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the AK Railroad Bridge across Arthur Kill at mile 11.6, between Staten Island, New York and Elizabeth, New Jersey. This temporary deviation requires the AK Railroad Bridge to remain in the open position at all times, except that the draw would close for the passage of trains for two daily one-hour closure periods on a fixed schedule with a one hour adjustment whenever high water occurs during or up to one hour after the applicable closure period. In addition, a number of unscheduled requests for one hour closure periods may be granted by the Coast Guard within one to three hours of receipt of the request. The purpose of this deviation is to test a temporary change to the drawbridge operation schedule to help determine the most equitable and safe solution to facilitate the present and anticipated needs of navigation and rail traffic.
Petitions for Exemption; Summary of Petitions Received
Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.
Marine Mammals; File No. 774-1847-01
Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774- 1847.
White House Initiative on Asian Americans and Pacific Islanders, President's Advisory Commission on Asian Americans and Pacific Islanders
The President's Advisory Commission on Asian Americans and Pacific Islanders (Commission) will convene a teleconference meeting on April 5, 2007 to deliberate the draft Commission report to the President. This meeting is open to the public and interested persons may listen to the teleconference by using the call-in number and pass code provided below (see ADDRESSES).
Marine Mammals and Endangered Species; File No. 1076-1789
Notice is hereby given that the Alliance of Marine Mammal Parks and Aquariums (The Alliance), 418 North Pitt Street, Alexandria, Virginia 22314 (Kristi West, Ph.D., Principal Investigator) has been issued a permit to import and export parts from all cetaceans and pinniped species (excluding walrus) for purposes of scientific research.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Framework Adjustment 4
NMFS is proposing to implement new management measures for the monkfish fishery through Framework Adjustment 4 (Framework 4) to the Monkfish Fishery Management Plan (FMP). Due to concerns over the status of the monkfish resource and the fact that monkfish is nearing the end of the rebuilding program, NMFS intends to delay making a decision on Framework 4 until the results of an upcoming monkfish stock assessment are available in July 2007. Since a decision on Framework 4 would be delayed beyond the start of the fishing year, NMFS is proposing two options for interim management measures for the start of the fishing year on May 1, 2007, that are partially based on the information and management measures contained in Framework 4: Implement the proposed target total allowable catch (TAC), trip limits, and days-at-sea (DAS) contained in Framework 4 for the Northern Fishery Management Area (NFMA), but maintaining the fishing year (FY) 2006 target TAC, trip limits, and DAS for the Southern Fishery Management Area (SFMA); or implement the proposed target TAC, trip limits, and DAS contained in Framework 4 for the NFMA, but close the directed monkfish fishery in the SFMA. In addition, the proposed interim rule would temporarily implement Framework 4 measures that have been determined not to result in any additional negative biological effects. The intent of these proposed actions is to eliminate overfishing and rebuild the monkfish resource in accordance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements.
Antarctic Marine Living Resources Convention Act of 1984; Conservation and Management Measures
NMFS issues this notice to notify the public that the United States has accepted conservation and management measures and resolutions pertaining to fishing in Antarctic waters managed by the Commission for the Conservation of Antarctic Marine Living Resources (Commission or CCAMLR). The Commission adopted these measures at its twenty-fifth meeting in Hobart, Tasmania, October 23 to November 3, 2006. The measures have been agreed upon by the Member countries of CCAMLR, including the United States, in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources (the Convention). The measures: include measures previously adopted by the Commission and remaining in force; measures adopted for the 2006/2007 fishing season to restrict overall catches, research catch and bycatch of certain species of fish, krill and crab; limit participation in several exploratory fisheries; restrict fishing in certain areas and to certain gear types; and set forth: fishing seasons fishery-by-fishery, revisions to previously adopted measures; new measures, and new resolutions. The Commission also adopted a list of vessels suspected to be engaged in illegal, unregulated or unreported fishing in the Convention Area.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Survey of Health Care Professionals on the Food Safety and Nutrition Information That They Provide to Pregnant Women
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.
Corporate Reorganizations; Guidance on the Measurement of Continuity of Interest
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide guidance regarding the satisfaction of the continuity of interest requirement for corporate reorganizations. The text of those regulations also serves as the text of these proposed regulations.
In the Matter of Certain Switches and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 4) issued by the presiding administrative law judge (``ALJ'') granting complainant's consent motion to amend the complaint and notice of investigation.
Probable Economic Effect of Providing Duty-Free, Quota-Free Treatment for Imports From Least-Developed Countries
Following receipt of a request on February 16, 2007, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-486, Probable Economic Effect of Providing Duty- Free, Quota-Free Treatment for Imports from Least-Developed Countries, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), for the purpose of providing advice on the probable economic effect of providing duty-free, quota-free treatment (DFQF) for imports from least-developed countries (LDCs) on (i) Industries in the United States producing like or directly competitive products and (ii) on U.S. consumers.
Notice of Final Results of the Twelfth Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea
On September 11, 2006, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review for certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea). See Certain Corrosion-Resistant Carbon Steel Flat Products from Korea: Notice of Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 53370 (September 11, 2006) (Preliminary Results). This review covers four manufacturers/exporters of the subject merchandise: Union Steel Manufacturing Co., Ltd. (Union); Pohang Iron & Steel Company, Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO Group); Hyundai HYSCO (HYSCO); and Dongbu Steel Co., Ltd. (Dongbu) (collectively, respondents). The period of review (POR) is August 1, 2004, through July 31, 2005. As a result of our analysis of the comments received, these final results differ from the preliminary results. For our final results, we have found that during the POR, Union and Dongbu sold subject merchandise at less than normal value (NV). We have also found that HYSCO and the POSCO Group did not make sales of the subject merchandise at less than NV (i.e., they have a zero or de minimis dumping margin).
Stainless Steel Wire Rod from India: Notice of Initiation of Antidumping Duty New-Shipper Review
On December 29, 2006, the Department of Commerce received a request to conduct a new-shipper review of the antidumping duty order on stainless steel wire rod from India. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating a new-shipper review of Sunflag Iron & Steel Co., Ltd., the exporter and producer that requested the new- shipper review.
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission (``FTC'' or ``Commission'') is extending until June 18, 2007 the deadline for filing comments on the Guides and on two consumer surveys commissioned by the Commission concerning the interpretation of consumer endorsements.
Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its review, pursuant to a supplemental notice of proposed rulemaking (``SNPR''), of the testing procedures for multichannel ``home theater'' amplifiers under the Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products (``Rule'' or ``Amplifier Rule''). The Commission has determined not to amend the Rule at this time and to place the Rule on its regular review schedule for 2008 as part of the Commission's ongoing systematic review of Federal Trade Commission rules and guides. Until the Commission provides further guidance regarding which channels need be associated for purposes of rating multichannel amplifiers, the Commission will not enforce the association requirement of Section 432.2 of the Rule as it relates to the continuous power output per channel ratings for multichannel amplifiers. The Commission, however, will continue to enforce the other provisions of the Rule with regard to multichannel amplifiers.
Endangered and Threatened Wildlife and Plants; Reclassification of the American Crocodile Distinct Population Segment in Florida From Endangered to Threatened
We, the U.S. Fish and Wildlife Service (Service), are reclassifying the American crocodile (Crocodylus acutus) distinct vertebrate population segment (DPS) in Florida from endangered to threatened, under the authority of the Endangered Species Act of 1973, as amended (Act). The endangered designation no longer correctly reflects the current status of this DPS due to a substantial improvement in the species' status. This action is based on a review of all available data, which indicate, for example, that since its listing in 1975, the American crocodile population in Florida has more than doubled and its distribution has expanded. Land acquisition has also provided protection for many important nesting areas. We have determined that the American crocodile in its range in Florida meets the criteria of a DPS as stated in our policy of February 17, 1996. With this rule, we are designating the American crocodile in Florida as a DPS, and this DPS will remain protected as a threatened species under the Act. The status of the American crocodile throughout the remainder of its range, as described in our December 18, 1979, final rule, will remain endangered.
Trade Policy Staff Committee: Seeking Resubmission of Any Comments from the Public Transmitted Prior to March 14, 2007 on the 2005 WTO Ministerial Decision on Duty-Free Quota-Free Market Access for the Least Developed Countries
The Trade Policy Staff Committee (TPSC) is advising the public of a technical malfunction in the e-mail address contained in the original notice requesting comments on considerations relating to the Decision that Members adopted at the Sixth Ministerial Conference of the World Trade Organization (WTO) in December 2005 on duty-free, quota-free (DFQF) market access for the least-developed countries (LDCs). The original notice was published on January 18, 2007 (Federal Register Volume 72, Number 11, pages 2316-2317). Any submission transmitted prior to March 14, 2007 was not received. The malfunction in the email address has been corrected and the TPSC is requesting the public to resubmit any written comments submitted prior to March 14, 2007.
Use of Binding Arbitration for Contract Controversies
The Department of the Navy (DON), after consultation with the Attorney General as required by 5 U.S.C. 575(c), has adopted a policy that authorizes contracting officers to use binding arbitration procedures for issues in controversy arising under procurement contracts using appropriated and non-appropriated funds.
Meeting of the Chief of Naval Operations (CNO) Executive Panel
The CNO Executive Panel will report on the findings and recommendations of the Deterrence and Escalation Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of current and future Navy strategy, plans, and policies in support of U.S. deterrence planning, crisis management, and conflict escalation and control.
Public Health Assessments and Health Consultations Completed October 2006-December 2006
This notice announces those sites for which ATSDR has completed public health assessments and health consultations during the period from October 1, 2006, through December 31, 2006. This list includes sites that are on or proposed for inclusion on the National Priorities List (NPL) and includes sites for which assessments or consultations were prepared in response to requests from the public.
Clean Air Act Title V Operating Permit Program Revision; New Jersey
The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey title V Operating Permit Program submitted by the New Jersey Department of Environmental Protection (NJDEP) on October 4, 2006. The New Jersey Operating Permit Program is implemented through its Operating Permits Rule, codified at Subchapter 22 of Chapter 27 of Title 7 of the New Jersey Administrative Code. The October 4, 2006 revision changes the title V fee program that funds the New Jersey Operating Permit Program, and various sections of the Operating Permits Rule relating to definitions, general provisions, general application procedures, operating permit application contents and completeness review. These changes resulted in both substantial and nonsubstantial revisions to New Jersey's Operating Permit Program. EPA is proposing to approve these revisions. The intended affect of this action is to improve the State's Operating Permit Program.
National Institute for Literacy Advisory Board
On March 8, 2007, the Secretary published in the Federal Register a notice of open meeting with a partially closed session for National Institute for Literacy. This notice amends the March 8, 2007, notice by changing the meeting to a one-day only meeting. This amended notice is appearing in the Federal Register less than 15 days before the meeting due to scheduling difficulties within the Agency. This notice sets forth the schedule and a summary of the agenda for an upcoming meeting of the National Institute for Literacy Advisory Board (Board). The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting. Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or materials in alternative format) should notify Steve Langley at telephone number (202) 233-2043. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors
On May 10, 2006, EPA published a final rule entitled, ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors.'' Following that final action, the Administrator received a petition for reconsideration. In response to the petition, EPA is announcing its reconsideration of three aspects of the rule: operator stand-in provisions, data requirements for continuous monitors, and the status of operating parameters during the 2 weeks prior to mercury and dioxin/ furan testing.
Alternative Fuel Transportation Program; Alternative Compliance
The Department of Energy (DOE) today publishes a final rule to implement section 514 of the Energy Policy Act of 1992, as amended by section 703 of the Energy Policy Act of 2005, which allows States and alternative fuel providers to petition for a waiver of the alternative fueled vehicle (AFV) acquisition requirements. Today's final rule requires that for a State or alternative fuel provider to be granted a waiver, the State entity or alternative fuel provider must request a waiver to demonstrate that in lieu of complying with the applicable AFV acquisition requirement for a model year, it will take other actions to reduce its annual petroleum motor fuel consumption by an amount equal to 100 percent alternative fuel use in all of the fleet's AFVs, including AFVs that the State entity or alternative fuel provider would have been required to acquire if there was no waiver.
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