May 14, 2007 – Federal Register Recent Federal Regulation Documents

The Employment and Training Administration (ETA) published in the Federal Register on April 30, 2007, an announcement from the Department of Labor, in collaboration with the Department of Education, regarding which states are eligible to apply for Workforce Investment Act (WIA) (Pub. L. 105-220, 29 U.S.C. 2801 et seq.) incentive awards under WIA section 503. The April 30, 2007, announcement did not include the complete list of states; the list is now revised to include all eligible states.

The Assistant Secretary for Special Education and Rehabilitative Services (OSERS) proposes a priority under section 4(b)(2)(D) of the Assistive Technology Act of 1998, as amended, administered by the Rehabilitation Services Administration (RSA). The Assistant Secretary may use the priority for competitions in fiscal year (FY) 2007 and later years. We take this action to focus Federal financial assistance on an identified area of national need. We intend the priority to support activities that increase the availability of, funding for, access to, and provision of assistive technology (AT) devices and AT services.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on recordkeeping requirements for applying hazard analysis and critical control point (HAACP) procedures for safe and sanitary processing for processors of fruit and vegetable juice.

This notice sets forth the schedule and proposed agenda of a forthcoming hearing of the Advisory Committee on Student Financial Assistance (The Advisory Committee). This notice also describes the functions of the Advisory Committee. Notice of this hearing is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public.

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to construction and operation of an offshore liquefied natural gas (LNG) facility in the Massachusetts Bay, has been issued to Northeast Gateway Energy Bridge\TM\ L.L.C. (Northeast Gateway) and Algonquin Gas Transmission, L.L.C. (Algonquin) for a period of 1 year.

The Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') is proposing to exempt the trading and clearing of certain credit default products that are proposed to be traded on the Chicago Board Options Exchange (``CBOE'') and cleared through the Options Clearing Corporation (``OCC'') from any applicable provisions of the Commodity Exchange Act (``CEA'').\1\ Authority for this exemption is found in Section 4(c) of the CEA.\2\

EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) is requesting that the Brooke and Hancock County, West Virginia (Weirton) portion of the Steubenville-Weirton, OH-WV area (herein referred to as the ``Area'') be redesignated as attainment for the 8- hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the State submitted a SIP revision consisting of a maintenance plan for Weirton that provides for continued attainment of the 8-hour ozone NAAQS for the next 12 years, until 2018. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Weirton 8-hour ozone maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request and the maintenance plan revision to the West Virginia SIP in accordance with the requirements of the CAA.

This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of Missouri, dated 5/8/2007. Incident: Severe Winter Storms and Flooding. Incident Period: 1/12/2007 through 1/22/2007.

The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The FDIC is publishing the guidelines it will use for determining how adjustments of up to 0.50 basis points would be made to the quarterly assessment rates of insured institutions defined as large Risk Category I institutions, and insured foreign branches in Risk Category I, according to the Assessments Regulation. These guidelines are intended to further clarify the analytical processes, and the controls applied to these processes, in making assessment rate adjustment determinations.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Vermont (FEMA- 1698-DR), dated 5/4/2007. Incident: Severe Storms and Flooding. Incident Period: 4/15/2007 through 4/21/2007.

This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-1697-DR), dated 5/1/2007. Incident: Severe Storms and Tornadoes. Incident Period: 4/21/2007 through 4/24/2007.

The Department of the Navy hereby gives notice for submission of donation applications for the destroyer ex-EDSON (DD 946), under the authority of 10 U.S.C. 7306. Ex-EDSON (DD 946) is located at the NAVSEA Inactive Ships On-Site Maintenance Office, Philadelphia, PA. Eligible recipients include: (1) Any State, Commonwealth, or possession of the United States or any municipal corporation or political subdivision thereof; (2) the District of Columbia; or (3) any organization incorporated as a non-profit entity under section 501 of the Internal Revenue Code. The transfer of a vessel under this law shall be made at no cost to the United States. The donee will be required to maintain the vessel in a condition satisfactory to the Secretary of the Navy as a static museum/memorial. The letter of intent must: a. Identify the specific ship sought for donation; b. Include a statement of the proposed use for the ship; c. Identify the proposed berthing location; d. If the applicant is not a state, territory or possession of the United States, or a political subdivision or municipal corporation thereof, or the District of Columbia, provide a copy of a determination letter by the Internal Revenue Service that the applicant is exempt from tax under the Internal Revenue Code, or submit evidence that the applicant has filed the appropriate documentation in order to obtain tax exempt status; e. If the applicant asserts that it is a corporation or association whose charter or articles of agreement denies it the right to operate for profit, provide a properly authenticated copy of the charter, certificate of incorporation, and a copy of the organization's by-laws; f. Provide a notarized copy of the resolution or other action of the applicant's governing board authorizing the person signing the application to represent the organization and to sign on its behalf for the purpose of obtaining a vessel; and g. Provide written affirmation that the prospective donee can submit a complete ship donation application to the Navy, compliant with the Navy's application requirements, by January 3, 2008. If the applicant is incapable of meeting this deadline, specific rationale must be provided along with identification of the events that must be achieved and the timeline necessary in order to submit a complete ship donation application to the Navy. The Navy reserves the right to provide a reasonable extension for receipt of applications, or to reject a request for extension and to proceed with other applications received by the January 3, 2008 deadline. Upon receipt of the letter of intent, the Navy will contact the prospective donees to ensure a full understanding of the application requirements. Qualified organizations wishing to apply for ex-EDSON must submit a complete application to the Navy by January 3, 2008, comprised of a business/financial plan, a technical plan (includes a towing plan, mooring plan, maintenance plan and environmental plan), a curatorial/ museum plan, and a community support plan (includes information concerning support from the community and benefit to the Navy). The application must address the following areas: a. Business/Financial Plan: The Business/Financial Plan must detail the estimated start-up and operating costs, and provide detailed evidence of firm financing adequate to cover these costs. Start-up costs include towing, mooring (this includes but not limited to the cost of acquiring and improving facilities, and dredging if required), ship restoration, museum development, and meeting environmental requirements (including permitting fees and expenses). Operating costs are those associated with operating and maintaining the vessel as a museum/memorial, including rent, utilities, personnel, insurance, periodic dry-docking, etc. Firm financing means available funding to ensure the first five years of operation and future stability for long- term operation. This can include pledges, loans, gifts, bonds (except revenue bonds), funds on deposit at a financial institution, or any combination of the above. The applicant must also provide income projections from sources such as individual and group admissions, facility rental fees and gift shop revenues sufficient to cover the estimated operating expenses. b. Technical: The technical plan is comprised of a Towing Plan, Mooring Plan, Maintenance Plan, and Environmental Plan. The Towing Plan describes how the ship will be prepared for tow and safely towed from it present location to the permanent display site proposed by the applicant. The Towing Plan must comply with all U.S. Navy Tow Manual requirements, which can be found at https:// www.supsalv.org/pdf/towman.pdf. The Mooring Plan describes how the ship will be secured at its permanent display site during normal and extreme weather conditions (including the 100-year storm event) to prevent damage to the ship, its mooring system, the pier, and surrounding facilities. Provide evidence of availability of a facility for permanent mooring of the ship, either by ownership, existing lease, or by letter from the facility owners indicating a statement of intent to utilize such facilities. Address any requirement to obtain site-specific permits and/or municipality approvals required for the facility, to include but not limited to, Port Authority and Army Corps of Engineers approvals/permits, where required. The mooring location must be acceptable to the Navy and not obstruct or interfere with navigation. The Environmental Plan describes how the applicant will comply with all federal, state and local environmental and public health & safety regulations and permit requirements. The applicant also should provide information necessary for the Navy to complete an environmental assessment of the donation as required by the National Environmental Policy Act (NEPA), including the impact of the donation on the natural and man-made environment, local infrastructure, and evaluation of the socio-economic consequences of the donation. The Maintenance Plan must describe plans for long-term, short-term, and daily maintenance of the vessel, including preservation and maintenance schedule, underwater hull inspections, emergency response and fire/flood/intrusion control, pest control, security, periodic dry- docking, and qualifications of the maintenance team. c. The Curatorial/Museum Plan includes two parts: a Curatorial Plan and a Historic Management Plan. The Curatorial Plan must describe the qualifications for a professional curator (and curator staff, if necessary). The plan must also describe how the museum will collect and manage artifacts, including a statement of purpose and description of access, authority, and collection management responsibilities. The Historic Management Plan must describe how the museum will display the vessel and exhibits, including a description of the historical context of the ship, vessel restoration plans, historical subject matter that will be displayed with the ship, and exhibit display plans. d. The Community Support Plan must include evidence of local support. Evidence of regional support should also be provided. This includes letters of endorsement from adjacent communities and counties, cities or states. Also describe how the location of the ship will encourage public visitation and tourism, become an integral part of the community, and how the ship will enhance community development. The Community Support Plan must also describe the benefit to the Navy, including, but not limited to, addressing how the prospective donee may support Navy recruiting efforts, the connection between the Navy and the proposed berthing location, how veterans associations in the area are willing to support the vessel, how the prospective donee will honor veterans' contributions to the United States, and how the exhibit will commemorate those contributions and showcase Naval traditions. The relative importance of each area that must be addressed in the donation application is as follows: Business/Financial Plan and Technical Plan are the most important criteria and are equal in importance. Within the Technical Plan, the Mooring Plan is of greatest importance, and the Towing Plan, Maintenance Plan and Environmental Plan are individually of equal importance but of lesser importance to the Mooring Plan. The Curatorial/Museum Plan and Community Support Plan are of equal importance, but of lesser importance than the aforementioned plans. Evaluation of the application(s) will be performed by the Navy to ensure the application(s) are compliant with the minimum acceptable application criteria and requirements. In the event of multiple compliant applications for the same vessel, the Navy will perform a comparative evaluation of the applications to determine the best-qualified applicant. The Secretary of the Navy or his designee will make the final donation decision.

Pursuant to Public Law 92-463, notice is hereby given of a meeting of the NTP Board of Scientific Counselors (NTP BSC). The NTP BSC is composed of scientists from the public and private sectors and provides primary scientific oversight to the NTP Director and evaluates the scientific merit of the NTP's intramural and collaborative programs.

The Employment and Training Administration published a document in the Federal Register on April 16, 2007, announcing the availability of funds and solicitation for grant applications to address the specific workforce challenges of ex-offenders and produce positive outcomes with a particular focus on employment and reduced recidivism. The document is hereby amended.

Pursuant to the Computer Matching and Privacy Protection Act of 1988, as amended, and the Office of Management and Budget's (OMB) Guidance on the statute, HUD is announcing a new a matching program involving comparisons between data provided by applicants or participants in HUD's assisted housing programs and applicants for RHS's rural housing programs. The matching program will be carried out to detect excessive or duplicate housing assistance as result of Hurricanes Katrina and Rita. The matching program will be accomplished by comparing income, family size, family address, family identity, and benefit data for individuals participating in HUD's assisted housing programs and subsidized multifamily housing programs with rural housing assistance data maintained by RHS in its HS Multifamily Programs (MFH), Multifamily Information System (MFIS), Single Family Housing Programs (SFH), Dedicated Loan Origination and Servicing System (DLOS), and Guaranteed Loan System (GLS) databases within its system of records known as System of Records titled ``USDA/Rural Development,'' last published 63 FR 38546 (July 17, 1998). Specifically, HUD will compare the RHS identity, income, family size, and benefit data to tenant- reported data included in HUD's system of records known as: (1) the Tenant Housing Assistance and Contract Verification Data (HUD/H-11), last published at 62 FR 11909 (March 13, 1997); and (2) the Public and Indian Housing Information Center (HUD/PIH-4), last published at 67 FR 20986 (April 29, 2002). The tenant comparisons will identify, based on criteria established by HUD, tenants whose incomes, family size, address, or benefit levels, etc. that require further verification to determine if the tenants received excessive or duplicate rental assistance. The program also provides for the verification of the matching results and the initiation of appropriate administrative or legal actions.