June 27, 2008 – Federal Register Recent Federal Regulation Documents

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations under section 179B of the Internal Revenue Code (Code) relating to the deduction for qualified capital costs paid or incurred by a small business refiner to comply with the highway diesel fuel sulfur control requirements of the Environmental Protection Agency (EPA). The temporary regulations implement changes to the law made by the American Jobs Creation Act of 2004, the Energy Policy Act of 2005, and the Tax Technical Corrections Act of 2007. The text of those temporary regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations.

This proposed notice acknowledges the receipt of a deeming application from the Joint Commission for continued recognition as a national accrediting organization for ambulatory surgical centers (ASCs) that wish to participate in the Medicare or Medicaid programs. Section 1865(b)(3)(A) of the Social Security Act requires that within 60 days of receipt of an organization's complete application, we publish a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period.

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.

On April 22, 2008, pursuant to the authority vested in the Director of the Minerals Management Service by the joint bidding provisions of 30 CFR 256.41, as a matter of information to the public, the MMS published in the Federal Register the current List of Restricted Bidders. Under this authority, MMS determined that each entity within one of the following groups is restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period May 1, 2008 through October 31, 2008. We inadvertently omitted a new group, ``Group IX.,'' that shall be restricted from bidding with any entity in any other group of restricted bidders during this bidding period. The corrected List of Restricted Joint Bidders is provided below and is effective as of the date of the previous Federal Register publication, April 22, 2008.

Notice is hereby given that NMFS has received an application for scientific research from East Bay Municipal Utility District (EBMUD) in Lodi, CA. The permit would affect the federally threatened Central Valley steelhead Distinct Population Segment (DPS), as identified in the SUPPLEMENTARY INFORMATION section. This document serves to notify the public of the availability of the permit application for review and comment.

The Department of Homeland Security (DHS) published a document in the Federal Register on May 22, 2008, concerning a 30-day notice and request for comment on the Biodefense Knowledge Center Expert Database. The document contained the incorrect name of the Biodefense Knowledge Center, incorrectly written as Bio-Knowledge Center, as well as incorrect information in the summary, supplementary information, and overview of the information collection portion of the notice.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to (PRA) of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

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 objects to be included in the exhibition ``Giorgio Morandi, 1890-1964'' to be displayed at The Metropolitan Museum of Art, New York, New York, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Metropolitan Museum of Art, New York, New York, from on or about September 16, 2008, until on or about December 14, 2008, 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.

The invention listed below is owned in whole by the U.S. Government, as represented by the Secretary of Commerce. The U.S. Government's interest in this invention is available for licensing in accordance with 35 U.S.C. 207 and 37 CFR 404 to achieve expeditious commercialization of results of federally funded research and development.

Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding in the above- captioned investigation and named two enforcement respondents in the proceeding.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled the AmeriCorps*VISTA Project Progress Report (OMB Control Number 3045-0043) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Mr. Craig Kinnear at (202) 606-9708. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565- 2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.

The Committee is proposing to add to the Procurement List services to be performed by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must be Received On or Before: July 27, 2008.

EPA is proposing limited approval of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to amendments to Virginia's existing new source review permit program for owners of sources located or locating in Nonattainment areas which were submitted to EPA on February 12, 2007. EPA is proposing limited approval of these changes to the nonattainment new source review program, because while the SIP revision submitted by the Commonwealth strengthens the SIP, it does not fully meet the current Federal requirements for the allowable lookback period under the definition of ``baseline actual emissions''. EPA is also proposing full approval of a related SIP revision submitted by the Commonwealth on December 16, 2003, pertaining to amendments made to Virginia's existing nonattainment new source review permit program at that time. This action is being taken under the Clean Air Act (CAA or the Act). In a separate action, EPA has addressed changes made by Virginia to its prevention of significant deterioration (PSD) new source review rules which were previously submitted on October 10, 2006.

The U.S. EPA announces the availability of a final document entitled, ``Concepts, Methods, and Data Sources for Cumulative Health Risk Assessment of Multiple Chemicals, Exposures, and Effects: A Resource Document'' (EPA/600/R-06/013F), which was prepared by the National Center for Environmental Assessment (NCEA) within the U.S. EPA's Office of Research and Development (ORD). This document represents a collaborative effort between the U.S. EPA and the U.S. Department of Energy (U.S. DOE) that is designed to serve as an interim resource between U.S. EPA's 2003 ``Framework for Cumulative Risk Assessment'' (EPA/630/P-02/001F) and future documents on approaches and guidance to cumulative risk assessment. The document provides concepts, methods, and data sources for consideration and possible use in the conduct of a cumulative risk assessment. Specifically, the document focuses on two areas: (1) Initiating factors for a cumulative risk assessment, with procedures for data collection and organization, and (2) technical approaches for assessing human health risks associated with a subset of cumulative risk issues (i.e., multiple chemicals, exposures, and effects). Overall, this document demonstrates the feasibility of including combinations of chemicals, exposures, effects and their interactions into a cumulative risk assessment and is meant to assist with the conduct of multi-chemical, population-focused assessments. This document has undergone review within the U.S. EPA, independent external peer review by a panel of scientific experts, and it has also benefited from a 45-day public comment period. However, it has not undergone the scrutiny required of a guidance document and, thus, does not represent U.S. EPA policy.

The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through July 31, 2011, the current PRA clearance for information collection requirements contained in the Commission's Gramm-Leach-Bliley Financial Privacy Rule (``GLB Privacy Rule'' or ``Rule''). The current clearance expires on July 31, 2008.

On March 24, 2008, 25 organizations and approximately 5,000 individuals petitioned EPA under section 21 of the Toxic Substances Control Act (TSCA) to use section 6 of TSCA to adopt a recently promulgated California State regulation concerning emissions of formaldehyde from three types of composite wood products: Hardwood plywood, particleboard, and medium density fiberboard. They petitioned EPA to assess and reduce the risks posed by formaldehyde emitted from these products by exercising its authority under TSCA section 6 to: Adopt and apply nationally the California formaldehyde emissions regulation for these composite wood products; and to extend the regulation to include composite wood products used in manufactured homes. For the reasons set forth in this notice, EPA has granted in part and denied in part the petitioners' requests.

The Coast Guard is establishing a temporary safety zone on the waters of the Pacific Ocean encompassed in the 1000 yard radius surrounding the wreckage of the M/V NEW CARISSA located 3 NM north of the entrance to Coos Bay, Oregon. The Captain of the Port Portland is taking this action to safeguard individuals and vessels involved in a salvage operation involving the M/V NEW CARISSA. Entry into this safety zone is prohibited unless authorized by the Captain of the Port or his designated representative.

Pursuant to the Mineral Leasing Act of February 25, 1920, as amended, and to Title 43, Code of Federal Regulations, Subpart 3410, members of the public are hereby invited to participate with Peabody Coal Company, in a program for the exploration of unleased coal deposits owned by the United States of America containing approximately 3,980.0 acres in Morgan & Routt County, Colorado.

As of July 15, 2008, the Office of Pesticide Programs (OPP) will begin accepting certain types of pesticide applications and associated data electronically. The types of applications that will be accepted electronically are Section 3 applications and amendments, Experimental Use Permits, Tolerance Petitions, and Supplemental Distributor Applications. To assist pesticide registrants to properly format their electronic submissions, OPP has established a new web site. This Notice announces the availability of that web site. This site can be accessed at https://www.epa.gov/pesticides/regulating/ registering/submissions/index.htm.

The Bonneville Power Administration (BPA) has decided to offer contract terms for the electrical interconnection into the Federal Columbia River Transmission System (FCRTS) of up to 72 megawatts of power to be generated by the proposed Willow Creek Wind Project (Wind Project). Willow Creek Energy, LLC proposes to construct and operate the proposed Wind Project in Gilliam and Morrow counties, Oregon, and has requested interconnection to the FCRTS at a point along BPA's existing Tower Road-Alkali 115-kilovolt transmission line in Gilliam County, Oregon. BPA will construct a tap to allow the Wind Project to interconnect to BPA's transmission line, and will install new equipment at BPA's existing Boardman Substation in Morrow County, Oregon to accommodate this additional power in the FCRTS. This decision to interconnect the Wind Project is consistent with and tiered to BPA's Business Plan Final Environmental Impact Statement (DOE/EIS- 0183, June 1995), and Business Plan ROD (August 1995).