April 29, 2008 – Federal Register Recent Federal Regulation Documents
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Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; American Samoa Longline Limited Entry Program
NMFS is soliciting applications for American Samoa longline limited entry permit upgrades. Nineteen (19) permit upgrades will be available in 2008 for Class A vessel (i.e., less than or equal to 40 ft, or 12.2 m, in length) permit holders to upgrade to larger vessel size classes. The permit upgrades are available only to Class A permit holders who participated in the fishery before March 22, 2002, and the highest priority for receiving a permit upgrade will be given to the person with the earliest date of documented participation.
Endangered Species; File No. 10022
Notice is hereby given that Raymond Carthy, Department of Wildlife Ecology and Conservation, University of Florida, P.O. Box 110485, Gainesville, Florida 23611-0450, has been issued a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area
NMFS announces a decrease in the Georges Bank (GB) yellowtail flounder trip limit to 5,000 lb (2,268 kg) for NE multispecies days-at- sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan and is intended to prevent over-harvesting of the total allowable catch (TAC) for GB yellowtail flounder during the 2008 fishing year. This action is being taken to maintain opportunities for vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Proposed Collection; Comment Request for Revenue Procedures 2002-39, 2006-45 (Previous 2002-37), and 2006-46 (Previous 2002-38)
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 Revenue Procedures 2002-39, 2006-45, 2006-46, Changes in Periods of Accounting.
Government-Owned Inventions, Available for Licensing
The inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing.
Government-Owned Inventions, Available for Licensing
The inventions listed below assigned to the National Aeronautics and Space Administration have been filed in the United States Patent and Trademark Office, and are available for licensing.
Government-Owned Inventions, Available for Licensing
The inventions listed below assigned to the National Aeronautics and Space Administration have been filed in the United States Patent and Trademark Office, and are available for licensing.
Government-Owned Inventions, Available for Licensing
The inventions listed below are assigned to the National Aeronautics and SpaceAdministration, and are the subjects of patent applications that have been filed in the UnitedStates Patent and Trademark Office, and are available for licensing.
Government-Owned Inventions, Available for Licensing
The inventions listed below, assigned to the National Aeronautics and SpaceAdministration, have been filed in the United States Patent and Trademark Office, and are available for licensing.
Government-Owned Inventions, Available for Licensing
The inventions listed below, assigned to the National Aeronautics and SpaceAdministration, have been filed in the United States Patent and Trademark Office, and are available for licensing.
Standards for Recognition of Tax-Exempt Status if Private Benefit Exists or if an Applicable Tax-Exempt Organization Has Engaged in Excess Benefit Transaction(s); Correction
This document contains corrections to final regulations (TD 9390) that were published in the Federal Register on Friday, March 28, 2008 (73 FR 16519) clarifying the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code. These final regulations also contain provisions that clarify the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions.
Government-Owned Inventions, Available for Licensing
The invention listed below assigned to the National Aeronautics and Space Administration, has been filed in the United States Patent and Trademark Office, and is available for licensing.
Government-Owned Inventions, Available for Licensing
The invention listed below assigned to the National Aeronautics and Space Administration, has been filed in the United States Patent and Trademark Office, and is available for licensing.
Proposed Collection; Comment Request for Form 8878-A
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 8878-A, IRS e-file Electronic Funds Withdrawal Authorization for Form 7004.
Open meeting of the Area 4 Taxpayer Advocacy Panel (including the states of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and Wisconsin)
An open meeting of the Area 4 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.
Special Rules To Reduce Section 1446 Withholding
This document contains final regulations regarding when a partnership may consider certain deductions and losses of a foreign partner to reduce or eliminate the partnership's obligation to pay withholding tax under section 1446 on effectively connected taxable income allocable under section 704 to such partner. The regulations will affect partnerships engaged in a trade or business in the United States that have one or more foreign partners. The final regulations also include conforming amendments to Sec. Sec. 1.1446-3 and 1.1446-5 and to regulations under sections 1464, 6071, 6091, 6151, 6302, 6402, 6414, and 6722.
Proposed Information Collection; Comment Request
The Corporation for National and Community Service (hereinafter the ``Corporation''), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed competition of its Office of Leadership Development and Training (hereinafter `OLDT') cooperative agreement applications. These applications are used by current and prospective grantees to apply for funds to support training and technical assistance to Corporation grantees funded through AmeriCorps, Senior Corps, Lean and Serve and NCCC. Completion of the Grant Application is required to be considered for or obtain a Corporation cooperative agreement to provide training and technical assistance services to Corporation grantees and subgrantees. Copies of the information collection requests can be obtained by contacting the office listed in the addresses section of this notice.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Scallop Dredge Exemption Areas; Addition of Monkfish Incidental Catch Trip Limits
NMFS proposes to modify the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to create three Scallop Exemptions that are identical to the current scallop exemptions, except for the addition of an incidental monkfish catch limit. These new scallop exemptions would be restricted to vessels issued either a General Category Atlantic sea scallop permit or a limited access Atlantic sea scallop permit (when not fishing under a scallop days-at-sea (DAS) limitation), when fishing for scallops with small dredge gear (combined width not to exceed 10.5 ft (3.2 m)). Vessels that land an incidental catch of monkfish within these new scallop exemptions would be required to possess a valid monkfish Incidental Catch permit. The intent of this action is to allow small scallop dredge vessels to land monkfish that they are currently discarding consistent with the bycatch reduction objectives of the FMP and National Standard 9 of the Magnuson-Stevens Fishery Conservation and Management Act.
Railroad Cost of Capital-2007
The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2007. The decision solicits comments on: (1) The railroads' 2007 current cost of debt capital; (2) the railroads' 2007 current cost of preferred stock equity capital (if any); (3) the railroads' 2007 cost of common stock equity capital; and (4) the 2007 capital structure mix of the railroad industry on a market value basis.
Title I of the Elementary and Secondary Education Act of 1965
On April 23, 2008, the Secretary of Education (Secretary) published a notice of proposed rulemaking (NPRM) in the Federal Register (73 FR 22020) to amend the regulations implementing Title I of the Elementary and Secondary Education Act of 1965, as reauthorized by the No Child Left Behind Act of 2001 (NCLB). The Secretary announces a series of public meetings to seek public comments on these proposed regulations. Dates, Times, and Locations of Public Meetings: See SUPPLEMENTARY INFORMATION section for meeting dates, times, and locations.
Determination of the Committee for the Implementation of Textile Agreements to Apply a Textile Safeguard Measure on Imports of Certain Cotton Socks from Honduras
The Committee has determined to apply a textile safeguard measure on imports of Honduran origin cotton socks classifiable under subheading 9115.95 of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated With an Index Zone
Final regulations for valuing gas produced from Indian leases, published August 10, 1999, require MMS to determine major portion prices and notify industry by publishing the prices in the Federal Register. The regulations also require MMS to publish a due date for industry to pay additional royalty based on the major portion prices. This notice provides the major portion prices for the 12 months of 2006.
Certain Orange Juice from Brazil: Initiation of Antidumping Duty Changed Circumstances Review
Tropicana Products, Inc. (Tropicana) has requested that the Department initiate a changed circumstances review to consider partially revoking the order on certain orange juice from Brazil to exclude ultra low pulp orange juice (ULPOJ) pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b) and 351.222(g)(1)(i). In response to this request, the Department of Commerce (the Department) is initiating a changed circumstances review.
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
This final rule amends the Department of State's regulations related to application for a nonimmigrant visa, to offer a completely electronic application procedure as an alternative to submission of the Form DS-156.
National Advisory Council on Migrant Health
The Health Resources and Services Administration published a meeting notice for the National Advisory Council on Migrant in the Federal Register of April 2, 2008 (73 FR 17991). The meeting place has changed. Correction
Parker-Davis Project-Rate Order No. WAPA-138
The Western Area Power Administration (Western) is proposing modifications to the rate methodology used to develop Parker-Davis Project (P-DP) firm electric and transmission service formula rates. The modifications to the rate methodology will change the allocation factors used to apportion certain expenses between generation and transmission revenue requirements. The firm electric and transmission service rates resulting from the rate methodology modifications are equal to current rates and will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of required investment within the allowable period. Western is also proposing changes to the current billing practices for P-DP long-term firm transmission service. Under the proposed billing changes, customers will be required to pay for long-term firm transmission service one month in advance of service. Western will prepare a brochure that provides detailed information on the modifications and proposed firm electric and transmission service formula rates. Current formula rates under Rate Schedules PD-F6, PD-FT6, PD-FCT6, and PD-NFT6 expire September 30, 2008. The proposed formula rates under Rate Schedules PD- F7, PD-FT7, PD-FCT7, and PD-NFT7 are scheduled to become effective on October 1, 2008, and will remain in effect through September 30, 2013. Publication of this Federal Register notice begins the formal process for the proposed formula rates.
Agency Information Collection Activities: Proposed Collection, Comment Request
To comply with the Paperwork Reduction Act (PRA) of 1995, we are inviting comments on information collection request (ICR) that we will submit to the Office of Management and Budget (OMB) for review and approval. This ICR concerns the paperwork requirements in the regulations under the Chief Financial Officers Act of 1990 (CFO). This ICR is titled ``Accounts Receivable Confirmations.''
Record of Decision and Floodplain Statement of Findings: Western Greenbrier Co-Production Demonstration Project, Rainelle, Greenbrier County, WV
DOE has decided to implement the Proposed Action alternative, identified as the preferred alternative, in the Western Greenbrier Co- Production Demonstration Project, Final Environmental Impact Statement (DOE/EIS-0361; November 2007) (FEIS). That alternative is to provide approximately $107.5 million (up to 50% of the development costs) to Western Greenbrier Co-Generation, LLC (WGC) through a cooperative agreement under the Clean Coal Power Initiative (CCPI) Program for a Co-Production Facility to be located at Rainelle in Greenbrier County, West Virginia. This funding will be used by WGC to design, construct and demonstrate a 98 megawatt (net) power plant and cement manufacturing facility based on an innovative atmospheric-pressure circulating fluidized bed (CFB) boiler with a compact inverted cyclone to generate electricity and steam by burning approximately 3,000 to 4,000 tons per day of coal refuse from several local sites. DOE considered two overall alternatives: To provide cost-shared funding or not to provide cost-shared funding to WGC's proposed project. In addition, DOE examined a range of implementing options for the power plant site, fuel supply, water supply, limestone supply, means of transportation, and transmission corridors. DOE analyzed in detail the environmental (including socioeconomic) impacts of each of these different options, as well as the economic and environmental benefits related to the reclamation and potential reuse of the coal refuse sites. This ROD and Floodplain Statement of Findings have been prepared in accordance with the regulations of the Council on Environmental Quality (CEQ) (40 Code of Federal Regulations [CFR] parts 1500-1508) for implementing the National Environmental Policy Act (NEPA), DOE's NEPA Implementing Procedures (10 CFR part 1021), and DOE's Compliance with Floodplain and Wetland Environmental Review Requirements (10 CFR part 1022).
New Animal Drugs; Change of Sponsor's Name
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's name from Halocarbon Laboratories, Division of Halocarbon Products Corp., to Halocarbon Products Corp.
Voluntary Testing and Enrollment for a New Method of Submitting Applications, Notices, and Other Requests for Regulatory Authorization
The Board of Governors of the Federal Reserve System (Federal Reserve) proposes to implement an electronic system for the submission of applications, notices, and other requests for regulatory authorization to the Federal Reserve System by insured depository institutions, bank holding companies (BHCs), foreign banking organizations (FBOs), other entities, individuals, or groups (collectively, filers) under the Federal Reserve Act, Bank Holding Company Act, Bank Merger Act, Change in Bank Control Act, the International Banking Act of 1978, and the Federal Reserve's regulations implementing these statutes. As a part of this process the Federal Reserve would implement an authentication system to authorize filers and their designated agents to access the Electronic Applications system (E-Apps) and submit filings. To identify any unresolved issues with (E-Apps), the Federal Reserve proposes to establish a testing program involving a limited number of filers that would be willing to provide written and oral feedback regarding the authentication and testing processes.
Privacy Act of 1974; New System of Records
In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA) is proposing to add a new Privacy Act system of records to its inventory of records systems. This system is known as the National Recreation Reservation System (NRRS) USDA/FS- 55, and it will make it easier for interested individuals to make advance reservations for recreation opportunities on Federal lands. USDA invites public comment on this new records system.
Designation for the Maryland, New Jersey, and New York Areas
We are announcing designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Maryland Department of Agriculture (Maryland); and D. R. Schaal Agency, Inc. (Schaal).
Finding of No Significant Impact; Modernization of Facilities and Infrastructure for the Non-Nuclear Production Activities Conducted at the National Nuclear Security Administration's Kansas City Plant Environmental Assessment (DOE/EA-1592)
The General Services Administration (GSA) and the Department of Energy/National Nuclear Security Administration (NNSA) issue this Finding of No Significant Impact (FONSI) on their proposal to relocate certain non-nuclear component production and procurement activities to a smaller, more efficient and flexible facility. This FONSI is based on the General Services Administration/National Nuclear Security Administration ``Modernization of Facilities and Infrastructure for the Non-Nuclear Production Activities Conducted at the National Nuclear Security Administration's Kansas City Plant Environmental Assessment'' (EA), DOE/EA-1592, April 21, 2008. The EA was prepared pursuant to the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Sec. Sec. 4321 et seq.), regulations implementing NEPA issued by the Council on Environmental Quality (40 C.F.R. Parts 15001508), and the NEPA implementing procedures of GSA (ADM 1095.1F) and the Department of Energy (10 C.F.R. Part 1021). The selected alternative is for GSA to procure the construction of a new facility at the intersection of Botts Road and Missouri Highway 150 in Kansas City, Missouri. GSA would lease the facility on NNSA's behalf, and NNSA would move its operations from the Bannister Federal Complex to the new facility, and conduct production and procurement operations for electrical and mechanical non-nuclear components there (the phrase ``electrical and mechanical'' non-nuclear components, as used in the EA and this FONSI, also includes electronics, electromechanical parts, and engineered materials such as plastics, ceramics, glass, polymers and foams). The NNSA's Kansas City Plant (KCP) performs these activities for NNSA, Department of Energy (DOE) programs, and other federal agencies (``work for others'').
Public Land Order No. 7705; Withdrawal of National Forest System Land To Preserve Cave Resources Adjacent to Jewel Cave National Monument; South Dakota; Correction
In Public Land Order No. 7705, 73 FR 21151-21152, published April 18, 2008, as FR Doc. E8-8410, make the following correction: On page 21151, column 1, in T. 4 S., R. 3 E., Sec. 6, lots 3 and 4 should read ``excluding that portion withdrawn by PLO 2965''.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
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:
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes
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:
Land Management Planning Adjustment of Previously Initiated Land Management Plan Revisions for the Pike and San Isabel National Forests and the Cimarron and Comanche National Grasslands, in Colorado and Kansas
The USDA Forest Service is resuming preparation of the Pike and San Isabel National Forests land management plan (Forests Plan), and the Cimarron and Comanche National Grasslands land management plan (Grasslands Plan) as directed by the National Forest Management Act (NFMA). Preparation of these two plans, which will replace the single 1984 land and resource management plan (as amended) (1984 Plan) for all four units, was halted when the 2005 Planning Rule was enjoined. A new planning rule (36 CFR 219) was implemented on April 21, 2008, allowing the planning processes to be resumed.
Proposed Extension of the Approval of Information Collection Requirements
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 its proposal to extend OMB approval of the information collection: Miner's Claim for Benefits Under the Black Lung Benefits Act (CM-911), and Employment History (CM-911a). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
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