January 15, 2008 – Federal Register Recent Federal Regulation Documents
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Nevada Disaster # NV-00008
This is a Notice of the Presidential declaration of a major disaster for the State of Nevada (FEMA-1738-DR), dated 01/08/2008. Incident: Severe Winter Storms and Flooding. Incident Period: 01/05/2008 and continuing. Effective Date: 01/08/2008. Physical Loan Application Deadline Date: 03/10/2008. Economic Injury (EIDL) Loan Application Deadline Date: 10/08/2008.
MMS Information Collection Activity: 1010-0041 (30 CFR 250, Subpart K) Oil and Gas Production Rates, Extension of a Collection; Comment Request
To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 250, Subpart K, Oil and Gas Production Rates.
Culturally Significant Objects Imported for Exhibition Determinations: “Portrait of a Man”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition ``Portrait of a Man,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Metropolitan Museum of Art, New York, NY, from on or about February 11, 2008, until on or about August 11, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in February 2008. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Proposed CERCLA Administrative Cost Recovery Settlement; Columbia American Plating Company Site
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the COLUMBIA AMERICAN PLATING COMPANY Time-Critical Removal Site in Portland, Oregon, with the following settling parties: LAKEA CORPORATION (dba Columbia American Plating Company) and LARRY ANSON, an individual. The settlement requires the settling parties to pay: $15,000.00 to the EPA Hazardous Substance Superfund; the net sale proceeds from selling the site if the settling parties are able to redeem the property out of foreclosure from Multnomah County; and assignment of all rights to insurance claims proceeds to EPA. The settlement includes a covenant not to sue the settling party pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the U.S. EPA Region 10 offices, located at 1200 Sixth Avenue, Seattle, Washington 98101.
The Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band
The Federal Communications Commission (FCC) seeks comment on service rules for the Wireless Communications Service (WCS) and for terrestrial repeaters used in conjunction with the Satellite Digital Audio Radio Service (SDARS). The intended purpose of this proceeding is to determine whether the Commission can develop adequate limits on out- of-band emissions for these two services that would permit them coexist in adjacent frequency bands.
Indiana Disaster # IN-00015
This is a notice of an Administrative declaration of a disaster for the State of INDIANA dated 01/08/2008. Incident: Severe Storms and Tornadoes. Incident Period: 10/18/2007.
Notification of Exception to Competition
The Health Resources and Services Administration (HRSA) is issuing a non-competitive program expansion supplement to the National Health Care for the Homeless Council (NHCHC) to provide expanded training and technical assistance to HRSA-funded grantees serving individuals who are homeless. Authority: This activity is under the authority of the Public Health Service Act, section 330(l). Catalog of Federal Domestic Assistance Number: 93.224. Background: The National Health Care for the Homeless Council (NHCHC) is a cooperative agreement grantee that provides training and technical assistance support to health centers that serve homeless individuals and families. The NHCHC requires supplemental funding to provide, through expanded regional and national training activities, a broader and enriched menu of support for HRSA grantees, including Health Care for the Homeless (HCH) administrators, clinicians, and members of HCH Boards of Directors and consumer advisory groups. Amount: The amount of the award is $225,000. Project Period: July 1, 2006, to June 30, 2008. Budget Period Supplemented: July 1, 2007, to June 30, 2008. Justification for The Exception to Competition: Given the recent growth of the HCH component of HRSA's Health Center program, it is critical that expanded regional and national training be provided in as timely a manner as possible. This supplemental request is being awarded noncompetitively because, at this time, there are no other organizations with the expertise to complete these activities, and no other organization is prepared to provide these services within the timeframe in which they are needed. Due to the emerging and urgent needs of the HCH program, this supplemental request and the activities proposed are essential to ensuring successful delivery of health care to the target population.
Proposed Collection; Comment Request for Regulation Project
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 existing final regulations, REG-142299-01 and REG-209135-88, Certain Transfers of Property to Regulated Investment Companies (RICs) and Real Estate Investment Trusts (REITs).
Reduction of Foreign Tax Credit Limitation Categories Under Section 904(d); Correction
This document contains a correction to a notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing that was published in the Federal Register on Friday, December 21, 2007 (72 FR 72645) providing guidance relating to the reduction of the number of separate foreign tax credit limitation categories under section 904(d) of the Internal Revenue Code.
Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule, and Other Part B Payment Policies for CY 2008; Revisions to the Payment Policies of Ambulance Services Under the Ambulance Fee Schedule for CY 2008; and the Amendment of the E-Prescribing Exemption for Computer-Generated Facsimile Transmissions; Correcting Amendment
This correcting amendment corrects several technical and typographical errors in the regulations text of the final rule with comment period that appeared in the November 27, 2007 Federal Register (72 FR 66222). The final rule with comment period addressed performance standards for diagnostic testing facilities and standards and requirements related to therapy services under Medicare Parts A and B.
Guidance Under Section 1502; Miscellaneous Operating Rules for Successor Persons; Succession to Items of the Liquidating Corporation
This document contains final regulations under section 1502 of the Internal Revenue Code that provide guidance regarding the manner in which the items (including items described in section 381(c) but excluding intercompany items under Sec. 1.1502-13) of a liquidating corporation are succeeded to and taken into account in cases in which multiple members acquire the assets of the liquidating corporation in a complete liquidation to which section 332 applies. These final regulations affect corporations filing consolidated returns.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Patent Term Restoration, Due Diligence Petitions, Filing, Format, and Content of Petitions
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Patent Term Restoration, Due Diligence Petitions, Filing, Format, and Content of Petitions'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Announcement of First Meeting of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020
The U.S. Department of Health and Human Services (HHS) announces the first in a series of federal advisory committee meetings regarding the national health promotion and disease prevention objectives for 2020 to be held in Washington, DC. These meetings will be open to the public. The Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020 will review the nation's health promotion and disease prevention objectives and efforts to develop goals and objectives to improve the health status and reduce health risks for Americans by the year 2020. The Committee will provide to the Secretary of Health and Human Services advice and consultation for developing and implementing the next iteration of national health promotion and disease prevention goals and objectives and provide recommendations for initiatives to occur during the initial implementation phase of the goals and objectives. HHS will use the recommendations to inform the development of the national health promotion and disease prevention objectives for 2020 and the process for implementing the objectives. The intent is to develop and launch objectives designed to improve the health status and reduce health risks for Americans by the year 2020.
Agency Information Collection Activities; Proposed Collection; Comment Request; Orphan Drugs; Common European Medicines Agency/Food and Drug Administration Application Form for Orphan Medicinal Product Designation (Form FDA 3671)
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 the procedures by which sponsors of orphan drugs may request eligibility for the incentives by implementing a program as outlined in the Orphan Drug Act and the joint adoption by FDA and the European Medicines Agency (EMEA) of the Common EMEA/FDA Application Form for Orphan Medicinal Product Designation (form FDA 3671).
Agency Information Collection Activities: Proposed Collections; Request for Comment on Three Proposed Information Collection Requests (ICRs)
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew three existing approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Two of these ICRs, 1684.08 and 1695.08, are scheduled to expire March 31, 2008. ICR 1800.03 is scheduled to expire May 31, 2008. Before submitting these ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Device User Fee Amendments of 2007; Foreign Small Business Qualification Certification, FDA Form 3602A
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 FDA Form 3602A, which will allow a foreign business to qualify as a ``small business'' and pay certain medical device user fees at reduced rates.
Interest Rates and Assumptions Under Parts 4006, 4007, 4062, 4219, and 4281 of PBGC Regulations
For a number of years, Pension Benefit Guaranty Corporation has published in the Federal Register a monthly notice informing the public of the interest rates and assumptions to be used under parts 4006, 4007, 4062, 4219, and 4281 of PBGC regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere) and are also available on PBGC's Web site, http: / /www.pbgc.gov. Now that plans subject to PBGC regulations are required to make premium filings electronically through PBGC's Web site, PBGC has concluded that it is no longer necessary to duplicate the posting of these interest rates and assumptions on its Web site by also publishing the monthly Federal Register notices. Accordingly, this notice informs the public that the monthly Federal Register notices of PBGC interest rates and assumptions will no longer be published and describes how to access the rates and assumptions on PBGC's Web site.
Advisory Committees; Tentative Schedule of Meetings for 2008
The Food and Drug Administration (FDA) is announcing a tentative schedule of forthcoming meetings of its public advisory committees for 2008. During 1991, at the request of the Commissioner of Food and Drugs (the Commissioner), the Institute of Medicine (the IOM) conducted a study of the use of FDA's advisory committees. In its final report, one of the IOM's recommendations was for the agency to publish an annual tentative schedule of its meetings in the Federal Register. This publication implements the IOM's recommendation.
Bureau of Democracy, Human Rights and Labor; Public Meeting of the Advisory Committee on Persons With Disabilities
The Advisory Committee on Persons With Disabilities of the U.S. Department of State and the U.S. Agency for International Development will conduct its fifth public meeting on Monday, February 4, 2008 from 9 a.m. to 4 p.m. in the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. For directions, see https://www.itcdc.com/index.php. Attendees must have valid, government-issued identification, such as a Driver's License or passport, in order to enter the building. Attendees requiring reasonable accommodation should indicate their requirements one week prior to the event to Stephanie Ortoleva at ortolevas@state.gov. The agenda of this meeting will include presentations by the following: 1. Eric Rosenthal, Executive Director, Mental Disability Rights International, will discuss MDRI reports on the situation of persons with mental disabilities in Serbia and in Argentina. The Serbia report can be found at: https://www.mdri.org/projects/serbia/Serbia-rep- english.pdf. The Argentina report can be found at: https://www.mdri.org/ projects/americas/Argentina/MDRI.ARG.ENG.NEW.pdf. 2. Mary Keogh, International Coordinator, International Disability Rights Monitor, of the Center for International Rehabilitation, will discuss the Center's most recent report on the human rights situation of persons with disabilities in Europe. The European IDRM report can be found at: https://www.idrmnet.org/pdfs/IDRMEurope2007.pdf. 3. Ann Cody, Vice President for Government Affairs with B&D Consulting and a leader in the international sports movement, will discuss sports as a convening mechanism for promoting democracy, peace and human rights and leadership development for persons with disabilities. 4. Veda Engel, U.S. Department of State, Bureau of Human Resources, will discuss Department efforts to increase the recruitment of persons with disabilities. 5. Stephanie Ortoleva, Esq., U.S. Department of State, Bureau of Democracy, Human Rights and Labor, Foreign Affairs Officer and Advisory Committee Executive Director, will discuss her recent assessment trip to Morocco for a Department grant and to meet with disability groups. She will also discuss other Department activities with respect to the human rights of persons with disabilities. 6. Robert Horvath, Senior Technical Advisor, U.S. Agency for International Development, will give an update on USAID activities, including discussion of funding programs and examples of recent accomplishments and successes in integrating disability within USAID field programs. 7. The Advisory Committee will discuss its plans for the forthcoming year. The Advisory Committee is made up of the Secretary of State, the Administrator of the U.S. Agency for International Development and an Executive Director (all ex officio members); and eight members from outside the United States Government: Senda Benaissa, Joni Eareckson Tada, Vail Horton, John Kemp, Albert H. Linden, Jr., Kathleen Martinez, John Register and James E. Vermillion. Established on June 23, 2004, the Advisory Committee serves the Secretary and the Administrator in an advisory capacity with respect to the consideration of the interests of persons with disabilities in formulation and implementation of U.S. foreign policy and foreign assistance. The Committee is established under the general authority of the Secretary and the Department of State as set forth in Title 22 of the United States Code, sections 2656 and 2651a, and in accordance with the Federal Advisory Committee Act, as amended.
Meeting of the National Vaccine Advisory Committee
As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (DHHS) is hereby giving notice that the National Vaccine Advisory Committee (NVAC) will hold a meeting. The meeting is open to the public.
Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review
On September 10, 2007, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty (``CVD'') order on corrosion-resistant carbon steel flat products (``corrosion- resistant carbon steel plate'') from the Republic of Korea (``Korea'') for the period of review (``POR'') January 1, 2005, through December 31, 2005. See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review: 72 FR 51602 (September 10, 2007) (``Preliminary Results''). We preliminarily found that Pohang Iron and Steel Co. Ltd. (``POSCO'') and Dongbu Steel Co., Ltd. (``Dongbu'') received de minimis countervailable subsidies during the POR. We received comments on our preliminary results from POSCO, a respondent company. The final results are listed in the section ``Final Results of Review'' below.
Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule, and Other Part B Payment Policies for CY 2008; Delay of the Date of Applicability of the Revised Anti-Markup Provisions for Certain Services Furnished in Certain Locations (§ 414.50); Correction
This document corrects typographical errors identified in the final rule that appeared in the January 3, 2008 Federal Register (73 FR 404). The final rule delayed until January 1, 2009 the applicability of the anti-markup provisions in Sec. 414.50, as revised at 72 FR 66222, except with respect to the technical component of a purchased diagnostic test and with respect to any anatomic pathology diagnostic testing services furnished in space that is utilized by a physician group practice as a ``centralized building'' (as defined at Sec. 411.351) for purposes of complying with the physician self-referral rules and does not qualify as a ``same building'' under Sec. 411.355(b)(2)(i) of this chapter.
Marine Mammals; File No. 642-1536-03
Notice is hereby given that Joseph R. Mobley, Ph.D., University of Hawaii at Manoa, 2528 McCarthy Mall, Webster 404, Honolulu, HI 96822 has withdrawn his application for an amendment to his existing scientific research permit.
Iowa Disaster # IA-00013
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of IOWA (FEMA-1737- DR), dated 01/04/2008. Incident: Severe Winter Storm. Incident Period: 12/10/2007 through 12/11/2007.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has issued Permit 10017 to California Department of Parks and Recreation (CDPR) in Half Moon Bay, California.
State Offices of Rural Health Grant Program
The Health Resources and Services Administration (HRSA) is seeking comments from the public on its plan to institute a permanent deviation from a policy in the Department of Health and Human Services (HHS), Grants Policy Directive (GPD) 3.01 governing indirect cost recovery for one of its grant programs. The GPD states ``HHS considers activities conducted by grantees that result in indirect charges a necessary and appropriate part of HHS grants, and HHS awarding offices must reimburse their share of these costs.'' Although HRSA typically reimburses grantees for their full share of administrative overhead represented in approved indirect cost rates, the agency believes, in the case of its State Offices of Rural Health (SORH) Grant Program, that full recovery of overhead expenditures would be detrimental to the SORH grantees' ability to adequately conduct all the activities mandated in the authorizing legislation. Limiting indirect cost recovery is necessary because eleven of fifty SORH grantees are located in academic settings that have established indirect cost rates in the range of 30 to 50 percent or even higher. It is in the best interest of the program to limit the indirect cost recovery to not more than 15 percent of allowable total direct costs, thus leaving 85 percent of the grant funds to conduct the activities required by the grant program. This limitation would be applicable to all awardees of the State Offices of Rural Health Grant Program.
Submission for OMB Review; Comment Request
On December 21, 2007, the Department of Education published a comment period notice in the Federal Register (Page 72682, Column 3) for the information collection, ``Understanding Science Professional Development and the Science Achievement of English Learners.'' The burden hours are hereby corrected to 680. 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.
Workshop To Discuss Policy-Relevant Science To Inform EPA's Integrated Plan for the Review of the Primary Carbon Monoxide National Ambient Air Quality Standards (NAAQS)
The EPA is announcing that a workshop entitled ``Workshop to Discuss Policy-Relevant Science to Inform EPA's Integrated Plan for the Review of the Primary Carbon Monoxide National Ambient Air Quality Standards'' is being organized by EPA's National Center for Environmental Assessment (NCEA), Office of Research and Development and EPA's Office of Air Quality Planning and Standards (OAQPS), Office of Air and Radiation. The workshop will be held on January 28-29, 2008 in Research Triangle Park, North Carolina. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Voluntary National Retail Food Regulatory Program Standards
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold a series of public scoping meetings regarding a proposed Comprehensive Allocation Amendment, Amendment 17 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic, Amendment 18 to the Snapper Grouper FMP for the South Atlantic, and commercial allocation of the South Atlantic king mackerel quota. See SUPPLEMENTARY INFORMATION.
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