September 21, 2007 – Federal Register Recent Federal Regulation Documents

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 final and temporary regulations, REG-125628-01, (TD 9243) Revision of Income Tax Regulations Under Sections 358, 367, 884, and 6038B Dealing with Statutory Mergers or Consolidations Under Section 368(a)(1)(A) Involving One or More Foreign Corporations.

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, REG-148867-03, (TD 9327) Disclosure of Returns and Return Information in Connection with Written Contracts or Agreements for the Acquisition of Property or Services for Tax Administration Purposes.

On September 12, 2007, the Department of Education published a notice in the Federal Register (Page 52090, Column 2) for the information collection, ``Early Childhood Longitudinal Study Birth Cohort, Kindergarten Year Delayed Entry and Repeaters.'' This notice hereby corrects the burden hours to 2,408 and the annual responses to 8,787. The IC Clearance Official, Regulatory Information Management Services, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

This proposed rule would amend regulations concerning the reporting requirements for the BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is conducted once every 5 years and covers virtually the entire universe of foreign direct investment in the United States in terms of value. The benchmark survey will be conducted for 2007. To address the current needs of data users while at the same time keeping the respondent burden as low as possible, BEA proposes modification, addition, or deletion of several items on the survey forms and changes in the reporting criteria. Changes proposed by BEA in the reporting requirements in this proposed rule are: (a) Increasing the exemption level for reporting on the BE-12(LF) long form from $125 million to $175 million; (b) increasing the exemption level for reporting on the BE-12(SF) short form from $10 million to $40 million; and (c) increasing the exemption level for reporting on the BE-12 Bank form from $10 million to $15 million. In addition, BEA proposes to amend Form BE-12(X) by: (1) re- naming it the Form BE-12 Claim for Not Filing and (2) deleting several questions, which will be moved to a new Form BE-12 Mini. The Claim for Not Filing would be completed only by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by BEA concerning their reporting status. The BE-12 Mini is an abbreviated form for reporting U.S. affiliates with total assets, sales or gross operating revenues, and net income (loss) less than or equal to $40 million.

NMFS announces that it is considering and seeking public comment on the potential implementation of management measures in the Federal American lobster (Homarus americanus) fishery compatible with recommendations for Federal action as specified in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP). These management measures may include: 100 percent mandatory dealer reporting requirements for Federal American lobster dealers; implementation of an American lobster maximum size limit (maximum carapace length restriction) in several Lobster Management Areas (LMA); and, revision to the definition of a V- notch for protection of egg-bearing female American lobsters in several LMAs in the Federal American lobster fishery. NMFS is considering implementation of these management measures based on ISFMP actions taken by the Commission in response to recommendations provided in the most recent peer-reviewed lobster stock assessment, completed by the Commission in December 2005.

The U.S. Fish and Wildlife Service (Service) is initiating 5- year reviews of the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Cahow (Pterodroma cahow), boulder darter (Etheostoma wapiti), relict darter (Etheostoma chienense), Cumberland pigtoe (Pleurobema gibberum), rough pigtoe (Pleurobema plenum), orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), tan riffleshell (Epioblasma florentina walkeri), white wartyback (pearlymussel) (Plethobasus cicatricosus), noonday snail (Mesodon clarki nantahala), Nashville crayfish (Orconectes shoupi), Kentucky cave shrimp (Palaemonias ganteri), Cumberland sandwort (Arenaria cumberlandensis), Tennessee purple coneflower (Echinacea tennesseensis), large-flowered skullcap (Scutellaria montana), and rock gnome lichen (Gymnoderma lineare) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

We, the U.S. Fish and Wildlife Service (Service) initiate 5- year reviews of Chihuahua chub (Gila nigrescens) and Navasota ladies'- tresses (Spiranthes parksii) under the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under section 4(c)(2)(A) of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any new information (best scientific and commercial data) on Chihuahua chub and Navasota ladies'-tresses since their original listings as threatened in 1983 (48 FR 46053; October 11, 1983) and endangered in 1982 (47 FR 19539; May 6, 1982), respectively. If the present classification of either of these species is not consistent with the best scientific and commercial information available, we may recommend a change in Federal classification. A change would require a separate final rulemaking process.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Boeing Model 747 series airplanes. The existing AD currently requires repetitive inspections and torque checks of the hanger fittings and strut forward bulkhead of the forward engine mount and adjacent support structure, and corrective actions if necessary. The existing AD also currently requires a terminating action for the repetitive inspections and checks. This new AD requires, among other actions, new repetitive inspections in the existing area and new areas. This new AD also provides for an optional inspection and no longer allows the existing fastener replacement to terminate repetitive inspections. This AD results from new reports of under-torqued or loose fasteners, a cracked bulkhead chord, and a fractured back-up angle after operators accomplished the terminating action required by the existing AD. We are issuing this AD to detect and correct loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, which could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane.

In March 2006, Congress enacted the Combat Methamphetamine Epidemic Act of 2005, which mandates that regulated sellers of scheduled listed chemical products self- certify with DEA before they are allowed to sell these products at retail. DEA is proposing to revise its recordkeeping requirements to include a requirement that manufacturers, distributors, and importers obtain and maintain the certification number issued by DEA to regulated sellers in their records of sales. This change will ensure that registrants verify that the regulated sellers to whom they distribute have successfully completed the mandatory self-certification process imposed by the CMEA for sales of scheduled listed chemical products.

We are adopting a new airworthiness directive (AD) for the products listed above that would supersede existing ADs. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on July 30, 2007 (72 FR 41438). The error resulted in certain compliance times being mislabeled as units of flight cycles instead of flight hours. This AD applies to all Boeing Model 747 airplanes. This AD requires an inspection of the No. 2 and No. 3 windows on the left and right sides of the airplane to determine their part numbers, and related investigative and corrective actions if necessary.

The FAA is adopting a new airworthiness directive (AD) for all McDonnell Douglas Model MD-11 and MD-11F airplanes and certain Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes. This AD requires rerouting system 3 hydraulic piping, installing new pipe assemblies and unions, and installing redesigned support brackets for the system 3 hydraulic piping. This AD results from a report of damage to the hydraulic system that occurred when pieces of a ruptured tire from the left main landing gear penetrated the wing trailing edge access panel during takeoff. We are issuing this AD to prevent damage to the system 3 hydraulic piping, which could result in loss of the hydraulic system.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This rule makes non-substantive changes throughout Title 46 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping regulations. This rule will have no substantive effect on the regulated public.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from Mandatory Continuing Airworthiness Information (MCAI) provided by the aviation authority of France to identify and correct an unsafe condition on SMA SR305-230 and SR305-230-1 reciprocating engines. The MCAI states the following:

The Clean Air Act (Act) authorizes EPA to establish regulations to prevent significant deterioration of air quality due to emissions of any pollutant for which a national ambient air quality standard (NAAQS) has been promulgated. The NAAQS for particulate matter using the PM2.5 indicator were promulgated in 1997. The EPA is proposing to facilitate implementation of a PM2.5 Prevention of Significant Deterioration (PSD) program in areas attaining the particulate matter less than 2.5 micrometers (PM2.5) NAAQS by developing PM2.5 increments, Significant Impact Levels (SILs), and a Significant Monitoring Concentration (SMC). In addition, EPA is proposing to revoke the annual PM10 increments. ``Increments'' are maximum increases in ambient PM2.5 concentrations (PM2.5 increments) allowed in an area above the baseline concentration. The SILs and SMCs are numerical values that represent thresholds of insignificant, i.e., de minimis, modeled source impacts or monitored (ambient) concentrations, respectively. The EPA is proposing such values for PM2.5 that will be used as screening tools by a major source subject to PSD to determine the subsequent level of analysis and data gathering required for a PSD permit application for emissions of PM2.5.

The Department of Commerce (``the Department'') has suspended the antidumping duty investigation involving lemon juice from Argentina. The basis for this action is an agreement between the Department and S.A. San Miguel A.G.I.C. y F. (``San Miguel'') and Citrusvil, S.A. (``Citrusvil'') to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value.