February 2008 – Federal Register Recent Federal Regulation Documents

The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the head office of the Federal Reserve Bank of Kansas City and reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Dallas, and is amending appendix B of Regulation CC to delete the reference to the Kansas City head office.

The Securities and Exchange Commission is proposing amendments to its forms under the Securities Exchange Act of 1934 and the Investment Company Act of 1940 that would require disclosure by a registered investment company that divests, in accordance with the Sudan Accountability and Divestment Act of 2007, from securities of issuers that the investment company determines, using credible information that is available to the public, conduct or have direct investments in certain business operations in Sudan. The Sudan Accountability and Divestment Act limits civil, criminal, and administrative actions that may be brought against a registered investment company that divests itself from such securities, provided that the investment company makes disclosures in accordance with regulations prescribed by the Commission.

This document contains corrections to the concept release to obtain information about the extent and nature of the public's interest in revising oil and gas reserves disclosure requirements which exist in their current form in Regulation S-K and Regulation S-X under the Securities Act of 1933 and the Securities Exchange Act of 1934 which was published on Tuesday, December 18, 2007 (72 FR 71610).

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:

This document contains final regulations concerning the amendments made by the Tax Increase Prevention and Reconciliation Act of 2005 to section 199 of the Internal Revenue Code. The final regulations also contain a rule concerning the use of losses incurred by members of an expanded affiliated group. Section 199 provides a deduction for income attributable to domestic production activities. The final regulations affect taxpayers engaged in certain domestic production activities.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Massachusetts. The SIP revision consists of technical revisions to Massachusetts regulation 310 CMR 7.38, ``Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District.'' The amendments better define the emissions monitoring techniques for various types of tunnel ventilation systems, and provide flexibility in emission monitoring requirements. This action is being taken in accordance with the Clean Air Act.

This action establishes Class E airspace at Huntsville, AR. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs). This action is necessary to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Huntsville Municipal Airport, Huntsville, Arkansas.

The U.S. Office of Personnel Management is issuing a final rule to define the municipality of Bayamon, Puerto Rico, as an area of application to the Guaynabo-San Juan, PR, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are NAF FWS employees working in the municipality of Bayamon and the municipality is not currently defined to an NAF wage area.

The Food and Drug Administration (FDA) is amending certain regulations regarding generally recognized as safe (GRAS) substances to remove references to FDA development of food-grade specifications in cooperation with the National Academy of Sciences (NAS, now the National Academies). This action is editorial in nature and is intended to ensure the accuracy of the agency's regulations.

In this document, the Federal Communications Commission (Commission) amends its rules in order to require wireless Enhanced 911 (E911) Phase II location accuracy and reliability standards at a geographical level defined by the coverage area of a Public Safety Answering Point (PSAP). The Commission takes this step in order to ensure an appropriate and consistent compliance methodology with respect to location accuracy standards.

The EPA is proposing to determine that three ozone nonattainment areas in New York, the Albany-Schenectady-Troy, Jefferson County and Rochester areas, have attained the eight-hour National Ambient Air Quality Standard for ozone. New York State has requested these determinations, which are based upon three years of complete, quality-assured ambient air monitoring data for the years 2004-2006. These data demonstrate that the eight-hour ozone standard has been attained in these areas. In addition, data for 2007 show that the areas continue to attain the standard. If these proposed determinations are made final, the requirements for the State to submit certain reasonable further progress plans, attainment demonstrations, contingency measures and any other planning requirements of the Clean Air Act related to attainment of the eight-hour ozone standard shall be suspended for so long as the areas continue to attain the eight-hour ozone standard. One area requested by New York, Essex County, does not have sufficient air quality data to demonstrate attainment of the standard. EPA is not proposing to act on New York State's request for Essex County at this time.

This action amends the using agencies for restricted areas R- 5303A, B, and C, Camp Lejeune, NC; R-5304A, B, and C, Camp Lejeune, NC; and R-5306A, C, D, and E, Cherry Point, NC, to reflect current organizational assignments and geographic responsibilities. This is an administrative change that does not alter the boundaries, designated altitudes, time of designation, or activities conducted within the restricted areas.

The Coast Guard proposes to establish Gull Point(PT) Special Anchorage area in the Weymouth Fore River, Weymouth, Massachusetts. This proposed action is necessary to facilitate safe navigation and provide a safe and secure anchorage for vessels of not more than 65 feet in length. This action is intended to increase the safety of life and property in the Weymouth Fore River, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.

The FAA is correcting typographical errors in three existing airworthiness directives (ADs) that were published in the Federal Register on January 8, 2008 (73 FR 1269); January 7, 2008 (73 FR 1052); and January 7, 2008 (73 FR 1055). The errors resulted in incorrect docket numbers. One AD applies to all Viking Air Limited Model (Caribou) DHC-4 and (Caribou) DHC-4A airplanes. The other two ADs apply to all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. The Viking Air AD requires doing a fluorescent penetrant inspection for cracking of certain upper engine mount bracket assemblies, and corrective actions if necessary. One of the Boeing ADs requires revising the FAA-approved maintenance inspection program to include inspections that will give no less than the required damage tolerance rating for each structural significant item, and repair of cracked structure. The other Boeing AD requires implementing a corrosion prevention and control program.

The Office of the United States Trade Representative (USTR) is issuing a proposed rule to update its Freedom of Information Act regulations. USTR's last made changes to its FOIA regulations in 1975. Since that time the information relating to USTR has changed and there have been several changes to the Freedom of Information Act, which needed to be reflected in the regulations.

North Dakota has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA proposes to grant final authorization to the hazardous waste program changes submitted by North Dakota. In addition, EPA is proposing to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', North Dakota's authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, as amended and commonly referred to as RCRA. In the ``Rules and Regulations'' section of this Federal Register, we are authorizing the State's program changes and codifying and incorporating by reference the authorized hazardous waste program as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments to oppose them. We have explained the reasons for this authorization and incorporation-by- reference in the preamble to the immediate final rule. Unless we get written comments opposing this authorization and incorporation by reference during the comment period, the immediate final rule will become effective and the Agency will not take further action on this proposal. If we receive comments that oppose these actions, we will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. Any parties interested in commenting on these actions must do so at this time. EPA may not provide further opportunity for comment.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations under Part 702, Presidential Primary Matching Payment Account, of title 26 of the CFR, relating to the financing of presidential primary campaigns. The temporary regulations amend Treasury procedures for making payments from the Presidential Primary Matching Payment Account (Primary Account) to eligible primary candidates. The text of those regulations also serves as the text for these proposed regulations.

This action confirms the effective date of a direct final rule that modifies a Class E airspace area to support Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve the Honesdale Sports Complex Heliport, Honesdale, PA.

This action modifies Class E Airspace at Gettysburg, PA. The existing controlled airspace from nearby Gettysburg Regional Airport does not adequately support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations for the Gettysburg Hospital. This action will enhance the safety and management of Instrument Flight Rule (IFR) operations by providing the required controlled airspace to protect for this approach at Gettysburg, PA. Additionally this action imparts a technical correction to the airport name.

We, the U.S. Fish and Wildlife Service (Service), are designating final revised critical habitat for Astragalus magdalenae var. peirsonii (Peirson's milk-vetch) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,105 acres (ac) (4,899 hectares (ha)) fall within the boundaries of the revised critical habitat designation for A. m. var. peirsonii. The revised critical habitat is located in Imperial County, California. We are excluding Unit 2 from this revised designation based on the disproportionate economic and social impacts associated with the designation of this unit relative to the other units designated as critical habitat. This final revised designation constitutes a reduction of 9,758 ac (3,949 ha) from our 21,863 ac (8,848 ha) previous final designation of critical habitat for A. m. var. peirsonii published in 2004.

This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. That NPRM invites comments concerning the proposed requirements for revising the FAA-approved maintenance inspection program to include inspections that will give no less than the required damage tolerance rating for each structural significant item (SSI), doing repetitive inspections to detect cracks of all SSIs, and repairing cracked structure. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM.

EPA is reopening the public comment period for a proposed rule published January 9, 2008 (73 FR 1570). On January 9, 2008, EPA proposed a conditional approval of a revision to Michigan's SIP submitted by the Michigan Department of Environmental Quality on December 21, 2006. The revisions were submitted to add the Prevention of Significant Deterioration (PSD) construction permitting program. This program affects major stationary sources in Michigan that are subject to or potentially subject to the PSD construction permit program. On January 25, 2008, EPA received a request from the Environmental Law and Policy Center, the Michigan Energy Alternatives, the Michigan Land Use Institute, the Natural Resources Defense Council and the Sierra Club, to extend the public comment period an additional 30 days from the closing date of February 8, 2008. EPA is granting this request by reopening the comment period for an additional 30 days after February 8, 2008.

This rule finalizes EPA's finding of nonattainment and reclassification of the Imperial County 8-hour ozone nonattainment area (Imperial County). EPA finds that Imperial County has failed to attain the 8-hour ozone national ambient air quality standard (``NAAQS'' or ``standard'') by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. As a result, on the effective date of this rule, Imperial County will be reclassified by operation of law as a moderate 8-hour ozone nonattainment area. The moderate area attainment date for the reclassified Imperial County will be ``as expeditiously as practicable,'' but no later than June 15, 2010. Once reclassified, California must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas, as required by the CAA. EPA has determined that the State must submit these SIP revisions by December 31, 2008.