July 20, 2007 – Federal Register Recent Federal Regulation Documents

In accordance with Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500- 1508), the Department of the Navy (DON), and Marine Corps Base Quantico (MCBQ) announces the availability of the DEIS, which evaluates the environmental effects of development of the Westside of MCBQ to accommodate approximately 3,000 personnel directed to MCBQ by the 2005 BRAC law, and potential development within the Westside to accommodate up to 2,000 additional personnel, or 5,000 personnel total including BRAC, to support other Marine Corps requirements.

Section 6034 of the Deficit Reduction Act of 2005 established the Medicaid Integrity Program to promote the integrity of the Medicaid program by authorizing the Centers for Medicare and Medicaid Services (CMS) to enter into contracts with contractors that will review the actions of individuals or entities furnishing items or services (whether fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of the plan approved under section 1115 of the Social Security Act; audit claims for payment of items or services furnished, or administrative services furnished, under a State plan; identify overpayments of individuals or entities receiving Federal funds; and educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This proposed rule would set forth limitations on a contractor's liability while performing these services under the Medicaid Integrity Program. This proposed rule would provide for limitation of a contractor's liability for actions taken to carry out a contract under the Medicaid Integrity Program. The proposed rule would, to the extent possible, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157 (Limitation on Liability) of the Social Security Act.

We correct two column headings for the Education Savings and Asset Protection Allowance tables in the notice published on June 1, 2007 (72 FR 30570).

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 an existing final regulation, PS-52-88 (TD 8455), Election to Expense Certain Depreciable Business Assets. (Sec. Sec. 1.179-2, 1.179-3).

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 an existing final regulation, EE-43-92 (TD 8619), Direct Rollovers and 20- Percent Withholding Upon Eligible Rollover Distributions From Qualified Plans (Sec. Sec. 1.401(a)(31)-1, 1.402(c)-2, 1.402(f)-1, 1.403(b)-2, and 31.3405(c)-1.

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 Revenue Procedure 2006-XX, Section 45H Certification.

This document grants in full the Mercedes-Benz USA, LLC.'s, (MBUSA) petition for exemption of the C-Line Chassis vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

An open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

This document contains final regulations under section 1502 concerning the requirements for including insurance companies in a life-nonlife consolidated return. These regulations conform the consolidated return rules to certain changes in law. These regulations affect corporations filing life-nonlife consolidated returns.

This document cancels a public hearing on proposed regulations under section 1367 of the Internal Revenue Code relating to the treatment of open account debt between S corporations and their shareholders.

This document contains corrections to a notice of proposed rulemaking that was published in the Federal Register on Thursday, June 7, 2007 (72 FR 31478). These regulations involve the deduction for income attributable to domestic production activities under section 199 and affect taxpayers who produce qualified films under section 199(c)(4)(A)(i)(II) and (c)(6) and taxpayers who are members of an expanded affiliated group under section 199(d)(4).

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 8851, Summary of Archer MSAs.

The U.S. Department of Labor (``DOL'' or ``Department''), Office of Disability Employment Policy (``ODEP''), announces the availability of up to $2.35 million to fund a cooperative agreement to establish a National Technical Assistance and Research Center to Promote Leadership for Increasing Employment and Economic Independence for Adults with Disabilities with a 24-month period of performance. In addition, this initiative may be funded for up to three (3) additional option years depending on performance, identified need, and the availability of future funding. This National Technical Assistance and Research Center will focus on building leadership capacity at the Federal, State, and local levels to increase employment and economic self-sufficiency for adults with disabilities. ODEP is also funding a technical assistance and research center focusing on youth with disabilities through a separate competition. Seventeen years after enactment of the Americans with Disabilities Act (ADA), there is no barrier more challenging to the realization of the American dream for citizens with disabilities than unemployment and its resulting poverty, which precludes meaningful community participation. Multiple demonstrations have documented that people with barriers to employment resulting from a disability can become successfully employed with appropriate supports and the customization of employment responsibilities. With Federal investment of millions of dollars into such research and demonstrations, valuable data and successful practices have emerged. But their findings are not widely disseminated or utilized, and their impact on policy and practice within states is too often not evident. In recognition of this fact, over the last decade, the Federal Government has taken proactive steps to increase employment and otherwise resolve barriers to employment for adults with disabilities. Multiple Executive Orders have been issued focusing on employment and disability (such as Executive Order 13078: Increasing Employment of Adults With Disabilities, 1998), and on increasing the opportunity for individuals with disabilities to become qualified Federal employees (Executive Order 13163, Increasing the Opportunity for Individuals With Disabilities To Be Employed in the Federal Government, 2000). The Federal Government has also required Federal agencies to establish procedures providing reasonable accommodation of work-related disabilities (Executive Order 13164, Requiring Federal Agencies To Establish Procedures To Facilitate the Provision of Reasonable Accommodation, 2000) and to increase community-based alternatives for individuals with disabilities (Executive Order 13217, Community-Based Alternatives for Individuals With Disabilities, 2001). These Executive Orders are in addition to laws prohibiting discrimination in employment under Section 504 of the Rehabilitation Act of 1973 and Title I of the ADA. Further, the New Freedom Initiative, established in 2001 by President George W. Bush, brought heightened focus to and action in disability policy throughout the Federal sector across numerous areas, including employment. Yet despite these multiple efforts, employment outcomes for adults with disabilities are still far below that of the general adult population. The U.S. Census Bureau's American Community Survey in 2005 estimated that among the more than 21 million people with disabilities aged 16-64, only 8.5 million, or 37.5 percent, were employed (https:// www.disabilitystatistics.org, downloaded 5/15/07). Of the people with disabilities employed aged 16-64, 49.9 percent of men with disabilities are employed as opposed to 80.9 percent of working-age men without a disability. For women of working age, 34.2 percent of women with disabilities are employed, compared with 68.3 percent of women without disabilities. Not surprisingly, the poverty rate among people with disabilities from 16 to 64 years old was 24.6 percent, almost triple the rate for those without disabilities (9.3 percent). Effectively addressing the complex and significant barriers to employment and economic self-sufficiency faced by adults with disabilities requires the use of multiple strategies and the active involvement of many stakeholders, including Federal, State and local governments, non-governmental organizations, financial institutions, consumers, and employers. To address this situation, ODEP is funding a national technical assistance and research center (the Center) to build capacity within and across both generic and disability-specific service-delivery systems to provide transformational leadership in service to adults with disabilities, and thus increase their employment and economic self-sufficiency. The Center will conduct research, develop and disseminate information, and provide technical assistance and training in five targeted goal areas defined in this solicitation. These goal areas have been identified through six years of ODEP research as critical leadership areas for improving systems capacity to effectively serve adults with disabilities and increase their employment and economic self-sufficiency. These targeted goal areas include the following: 1. Increasing partnership and collaboration among and across generic and disability-specific systems that provide employment or employment-support services. This partnership and collaboration should produce more effective and efficient services through leveraging resources and funding across multiple systems. 2. Increasing use of self-direction in service and integration of funding among and across cross-generic and disability-specific systems, including the blending and braiding of resources and funding across systems and programs, and the use of self-directed accounts providing choice and control to the individual job seeker. 3. Increasing economic self-sufficiency through leveraging relevant generic and disability-specific tax incentives, financial education, social security work incentives, benefits planning, and other strategies for enhancing profitable employment resulting in the ability of people with disabilities to accrue assets and resources through employment. 4. Increasing the use of universal design as the framework for the organization of employment policy and the implementation of employment services. 5. Increasing the use of customized and other forms of flexible work options for individuals with disabilities and others with complex barriers to employment. In addition, the Center will provide rapid response on request to ODEP in areas related to employment and disability, and otherwise support ODEP as requested in its efforts to develop policy recommendations for increasing employment and economic self-sufficiency for adults with disabilities. In meeting each goal area, applicants must provide information on strategies they will undertake for advancing knowledge development and utilization, including describing specific research and technical assistance and training activities. In addition, applicants must describe how they will effectively disseminate policy knowledge, research findings, and successful practices through and within various networks of State and local systems' personnel, particularly leadership personnel, and other relevant stakeholder communities (including, but not limited to consumers, employers, and providers of employment and asset development services). They should also describe how they will encourage and monitor the translation and utilization of such knowledge, research, and successful practices.

EPA is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) submitted on September 22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) Sulfur Dioxide (SO2) Trading Program, promulgated on May 12, 2005 and subsequently revised on April 28, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR SO2 requirements for Louisiana. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plan (CAIR FIP) concerning SO2 emissions for Louisiana. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006 and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of SO2 and nitrogen oxides (NOX) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Louisiana would meet CAIR SO2 requirements by participating in the EPA-administered cap-and-trade program addressing SO2 emissions. The intended effect of this action is to reduce SO2 emissions from the State of Louisiana that are contributing to nonattainment of the PM2.5 National Ambient Air Quality Standard (NAAQS or standard) in downwind states. This action is being taken under section 110 of the Federal Clean Air Act (the Act or CAA).

Notice is hereby given that the State of Wisconsin is revising its approved Public Water System Supervision Program. Wisconsin has adopted the Arsenic Rule for all community and nontransient, noncommunity water systems which, among other things, changes the arsenic maximum contaminant level from 0.050 mg/L to 0.010 mg/L to improve public health by reducing exposure to arsenic in drinking water. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these program revisions. This approval action does not extend to public water systems (PWSs) in Indian Country, as that term is defined in 18 U.S.C. 1151. By approving these rules, EPA does not intend to affect the rights of federally recognized Indian tribes in Wisconsin, nor does it intend to limit existing rights of the State of Wisconsin. All interested parties may request a public hearing. A request for a public hearing must be submitted by August 20, 2007, to the Regional Administrator at the EPA Region 5 address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by August 20, 2007, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on her own motion, this determination shall become final and effective on August 20, 2007. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of three meetings of the Board of Scientific Counselors (BOSC) EDC Mid-Cycle Subcommittee.

The Environmental Protection Agency (EPA) is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of New York on July 7, 2006 for the purpose of enhancing an existing Emission Statement Program for stationary sources in New York. The SIP revision consists of amendments to Title 6 of the New York Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements. The SIP revision was submitted by New York to satisfy the ozone nonattainment provisions of the Clean Air Act. These provisions require states in which all or part of any ozone nonattainment area is located to submit a revision to its SIP which requires owner/operators of stationary sources of volatile organic compounds (VOC) and oxides of nitrogen (NOX) to provide the State with a statement, at least annually, of the source's actual emissions of VOC and NOX. The Emission Statement SIP revision EPA proposes to approve enhances the reporting requirements for VOC and NOX and expands the reporting requirement, based on specified emission thresholds, to include carbon monoxide (CO), sulfur dioxides (SO2), particulate matter measuring 2.5 microns or less (PM2.5), particulate matter measuring 10 microns or less (PM10), ammonia (NH3), lead (Pb) and lead compounds and hazardous air pollutants (HAPS). The intended effect is to obtain improved emissions related data from facilities located in New York, allowing New York to more effectively plan for and attain the national ambient air quality standards (NAAQS). The Emission Statement rule also improves EPA's and the public's access to facility-specific emission related data.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

In accordance with the Federal Land Policy and Management Act (FLPMA) and The Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.

The General Services Administration (GSA) is proposing to create a Federal Emergency Travel Guide in the event of evacuation, catastrophic event or natural disaster. The guide is intended to prepare the Federal Government to continue official travel operations in an emergency situation while safeguarding Federal employees officially away from their official or temporary duty stations. The guide, non-regulatory in nature, will serve as a supplement to the Federal Travel Regulation (FTR) (41 CFR chapters 300-304).