November 13, 2007 – Federal Register Recent Federal Regulation Documents

This document contains final regulations relating to the requirements for filing corporate income tax returns and returns of organizations required to file returns under section 6033 on magnetic media pursuant to section 6011(e) of the Internal Revenue Code (Code). The term magnetic media includes any magnetic media permitted under applicable regulations, revenue procedures, or publications, including electronic filing. The final regulations are necessary to update and clarify the rules and procedures for corporations and organizations that are required to file their returns electronically. The final regulations affect corporations, including electing small business corporations (S corporations), with assets of $10 million or more that file Form 1120, U.S. Corporation Income Tax Return, or Form 1120S, U.S. Income Tax Return for an S Corporation; exempt organizations with assets of $10 million or more that are required to file returns under section 6033, and private foundations or section 4947(a)(1) trusts that are required to file returns under section 6033.

This document contains final regulations that provide rules for claiming the railroad track maintenance credit under section 45G of the Internal Revenue Code for qualified railroad track maintenance expenditures paid or incurred by a Class II railroad or Class III railroad and other eligible taxpayers during the taxable year. These final regulations reflect changes to the law made by the American Jobs Creation Act of 2004, the Gulf Opportunity Zone Act of 2005, and the Tax Relief and Health Care Act of 2006.

Elsewhere in this issue of the Federal Register, the IRS is issuing temporary regulations concerning information reporting on employer-owned life insurance contracts under section 6039I of the Internal Revenue Code (Code). The temporary regulations generally apply to taxpayers that are engaged in a trade or business and that are directly or indirectly a beneficiary of a life insurance contract covering the life of an insured who is an employee of the trade or business on the date the contract is issued. The text of those temporary regulations also serves as the text of these proposed regulations.

On December 31, 2002, we (the EPA) issued our final New Source Review (NSR) Improvement Rule which, among other things, requires all sources to include ``fugitive emissions'' in assessing whether a proposed physical or operational change qualifies as a ``major modification'' that is subject to review under major NSR. On July 11, 2003, we received a petition for reconsideration on behalf of Newmont USA Limited, dba Newmont Mining Corporation (``Newmont'') arguing that the December 31, 2002 final rule failed to comply with the Clean Air Act (Act) requirement that EPA conduct a rulemaking to list source categories for which fugitive emissions must be included in computing a source's emissions to determine whether it is a ``major stationary source.'' In January 2004, we agreed to reconsider this issue. In this action, we are proposing to revise the provisions of the December 2002 final rules related to the treatment of fugitive emissions for purposes of determining whether a physical or operational change at an existing major source qualifies as a major modification. We request public comment on the proposed revisions. In this action, we are also providing guidelines for determining when and how emissions are to be considered fugitive for NSR and Title V permitting.

On April 22, 2003, the Commission released a Memorandum Opinion and Order in the matter of ``Ultra-Wideband Transmission Systems.'' This document contains corrections to the final regulations that appeared in the Federal Register of April 22, 2003 (68 FR 19746).

This document requests comments on a Petition for Rule Making filed by Shamrock Communications, Inc. (``Petitioner'') proposing the allotment of new Channel 288A at Tecopa, California. The instant Petition for Rule Making was filed concurrently with and contingent upon the grant of an FCC Form 301 Auction 68 long form application for a new FM station on Channel 291A at Tecopa, which seeks a one-step upgrade from Channel 291A to Channel 290C1 and a change in the community of license from Tecopa, California, to Amargosa Valley, Nevada. Action on the foregoing application will be taken separately from action on the instant Petition for Rule Making.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Sierra H Broadcasting, Inc. (``Petitioner''). Petitioner proposes channel substitutions for two vacant allotments contained in the FM Table of Allotments, in order to accommodate the allotment of Channel 266C at Cordes Lakes, Arizona. Petitioner proposes the substitution of Channel 259A for vacant FM Channel 267A at Ash Fork, Arizona, and the substitution of Channel 228C3 for vacant FM Channel 263C3 at Paulden, Arizona. Channel 259A can be allotted at Ash Fork in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.4 km (4.6 miles) northwest of Ash Fork. The proposed coordinates for Channel 259A at Ash Fork are 35-16-13 North Latitude and 112-32-31 West Longitude. Channel 228C3 can be allotted at Paulden in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.7 km (4.8 miles) west of Paulden. The proposed coordinates for Channel 228C3 at Paulden are 34- 52-16 North Latitude and 112-33-00 West Longitude. See Supplementary Information infra.

The FAA is amending its requirements to allow the issuance of export airworthiness approvals for Class II and III products located at facilities outside the United States. The FAA proposed this change in a Notice of Proposed Rulemaking (NPRM) issued on October 5, 2006. That NPRM proposed comprehensive changes to 14 CFR part 21 to standardize production and airworthiness requirements for production approval holders. This final rule expedites the promulgation of a simple and uncontroversial portion of that rulemaking. The FAA intends to issue a separate final rule on other proposals in that NPRM.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require various repetitive inspections for cracking of the upper frame to side frame splice of the fuselage, and other specified and corrective actions if necessary. This proposed AD also provides for an optional preventive modification, which would terminate the repetitive inspections. This proposed AD results from a report that the upper frame of the fuselage was severed between stringers S-13L and S-14L at station 747, and the adjacent frame at station 767 had a 1.3-inch-long crack at the same stringer location. We are proposing this AD to detect and correct fatigue cracking of the upper frame to side frame splice of the fuselage, which could result in reduced structural integrity of the frame and adjacent lap joint. This reduced structural integrity can increase loading in the fuselage skin, which will accelerate skin crack growth and result in decompression of the airplane.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:

The FAA proposes to revise an existing airworthiness directive (AD) that applies to certain McDonnell Douglas Model DC-10-10, DC-10- 10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes. The existing AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. This proposed AD would revise the applicability to clarify the identity of the affected airplanes. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

This interim rule amends the regulations on eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. In this interim rule, the statutory definition of ``local educational agency'' is added. In addition, this interim rule specifies that a family only has to submit one application for all children in the household as long as they attend schools in the same local educational agency and requires enhancement of the descriptive materials distributed to families. This rule provides for electronically-submitted applications, addresses electronic signatures and establishes use and disclosure standards for such applications. This rule establishes that eligibility for free or reduced price school meals remains valid for one year unless the household chooses to decline a level of benefits. These changes are intended to provide children with increased access to the school nutrition programs by simplifying the certification process, streamlining program operations and improving program management.

The Coast Guard proposes to create special local regulations to regulate recurring marine events in the Seventh Coast Guard District. These regulations will apply to all permitted events listed on the table attached to the regulation, and include events such as regattas, parades, and fireworks displays. These regulations are being proposed to reduce the Coast Guard's administrative workload and expedite public notification of events.

The Assistant Administrator for Fisheries (AA), NOAA, announces the extension of temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These restrictions will continue to apply to lobster trap and anchored gillnet fishermen in an area totaling approximately 2,305 nm\2\ (7,905 km\2\), south of Portland, Maine, for an additional 15 days. The purpose of this action is to provide immediate protection to an aggregation of Northern right whales (right whales).