July 2007 – Federal Register Recent Federal Regulation Documents

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).

The Occupational Safety and Health Administration (OSHA) conducts short-term technical training in occupational safety and health topics through the OSHA Training Institute in Arlington Heights, Illinois. The number of requests for training from private sector personnel and federal personnel from agencies other than OSHA increased beyond the capacity of the OSHA Training Institute to meet the demand. In October 1992, OSHA began the program of using other training and educational institutions to conduct select OSHA Training Institute courses for private sector personnel and for federal personnel from agencies other than OSHA. Additional information regarding the OTI Education Center Program background, including a complete list of current organizations and course offerings, can be found on the OSHA Web site at: https://www.osha.gov/fso/ote/training/edcenters/. This notice announces the opportunity for interested nonprofit organizations to submit applications to become an OSHA Training Institute Education Center. Applications will be rated on a competitive basis. Complete application instructions are contained in this notice. This notice also contains information on a proposal conference designed to provide potential applicants with information about the OSHA Training Institute Education Center Program.

The Committee is proposing to add to the Procurement List a product and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product and a service previously furnished by such agencies. Comments Must Be Received On or Before: August 19, 2007.

The Food and Drug Administration (FDA), Office of Regulatory Affairs (ORA), Atlanta District and Southeast Regional Office (SER), in collaboration with Georgia Food Safety and Defense Task Force, and the Metro Environmental Health Directors Food Service Advisory Committee, is announcing a public workshop entitled ``Food Safety and Defense . . . Be ALERT!'' This public workshop will provide information about how to control foodborne illness risk factors and how to secure food from intentional contamination (food defense awareness). The target audience will be operators of small, independent (non-chain) retail and food service establishments. Date and Time: This public workshop will be held on Wednesday, August 15, 2007, from 9 a.m. to 3 p.m. Location: The public workshop will be held at the Hilton Atlanta Northeast Hotel, 5993 Peachtree Industrial Blvd., Norcross, GA. Contact: JoAnn Pittman, Food and Drug Administration, Atlanta District, Southeast Region, 60 8th St., NE., Atlanta, GA 30309, 404- 253-1272, FAX: 404-253-1202, or e-mail: JoAnn.Pittman@fda.hhs.gov. Registration is at no charge: The registration deadline is August 1, 2007; please see instructions in this document. Those accepted into the workshop will receive confirmation. Registration at the site is not guaranteed but, may be possible on a space available basis (100 maximum) on the day of the public workshop beginning at 9 a.m. If you need special accommodations due to a disability, please contact JoAnn Pittman (see Contact) at least 7 days in advance. Registration Form Instructions: To register, please complete the registration form in this document and submit to `` Food and Drug Administration, Attn: Dan Redditt, 60 8th St., NE.. Atlanta, GA 30309.'' We encourage you to fax the completed registration form to: 404-253-2257 or 404-253-1202. To obtain a copy of the registration form, please contact: Dan Redditt at 404-253-1265 or via e-mail at joseph.redditt@fda.hhs.gov.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Report of Construction Contractor's Wage Rates (WD-10). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

As required by section 9(a)(2) of the Federal Advisory Committee Act (FACA), 5 U.S.C. App., the Surface Transportation Board (Board), hereby gives notice that, following consultation with the General Services Administration, the Board is creating a Rail Energy Transportation Advisory Committee (RETAC). RETAC will provide advice and guidance to the Board, and serve as a forum for discussion of emerging issues, regarding the transportation by rail of energy resources, particularly, but not necessarily limited to, coal, ethanol and other biofuels. The Board is also requesting suggestions for candidates for membership on RETAC.

FMCSA announces receipt of applications from 64 individuals for exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The FMCSA invites comments on its plan to request OMB approval to revise an existing information collection entitled ``Hazardous Materials (HM) Safety Permits'', OMB Control Number 2126-0030. FMCSA requires companies holding permits to develop a communications plan that allows for the periodic tracking of the shipment. A record of the communications may be kept by either the driver (e.g., recorded in the log book) or the company that contains the time of the call and location of the shipment. These records must be kept, either physically or electronically, for at least six months at the company's principal place of business or readily available to employees at the company's principal place of business.

This final rule adds: The one-year London Interbank Offered Rate (LIBOR) as an acceptable index for the HUD-insured one-, 3-, 5-, 7-, and 10-year Adjustable Rate Mortgage (ARM) products, and the one- month Constant Maturity Treasury (CMT), the one-month LIBOR, and the one-year (12-month) LIBOR as acceptable indices to adjust interest rates on the HUD-insured Home Equity Conversion Mortgage (HECM). Under current regulations, only the weekly average yield of U.S. Treasury securities, adjusted to a constant maturity of one year (commonly referred to as the one-year CMT), may be used to adjust interest rates on HUD-insured ARMs and HECMs. This final rule follows a June 19, 2006, proposed rule and includes HECMs in response to public comment on the June 19, 2006, proposed rule.

Applicants request an order exempting them from the provisions of sections 9(a), 13(a), 15(a) and 15(b) of the Act and Rules 6e- 2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund and shares of any other investment company or portfolio that is designed to fund insurance products and for which DMC or any of its affiliates, may serve in the future as investment adviser, manager, principal underwriter, sponsor, or administrator (``Future Funds'') (the Fund, together with Future Funds, the ``Funds'') to be sold to and held by: (a) Separate accounts funding variable annuity contracts and variable life insurance policies (collectively ``Variable Contracts'') issued by both affiliated life insurance companies and unaffiliated life insurance companies; (b) trustees of qualified group pension and group retirement plans outside of the separate account context (``Qualified Plans''); (c) separate accounts that are not registered as investment companies under the 1940 Act pursuant to exemptions from registration under section 3(c) of the 1940 Act; (d) DMC or its affiliates who serve or may serve as an investment manager, investment adviser, principal underwriter, sponsor or administrator of a Fund (collectively, ``DMC Entities'') for the purpose of providing initial capital to a Fund; and (e) any other account of a Participating Insurance Company permitted to hold shares of the Funds (``General Account'').

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.