September 11, 2008 – Federal Register Recent Federal Regulation Documents
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Technology Innovation Program Extension of Due Date for Proposals
Due to technical difficulties, NIST is extending the deadline for proposal submission for its Technology Innovation Program competition to 3 p.m. Eastern Time, Monday, September 15, 2008. NIST will accept only paper submissions during the extended time period.
Direct Investment Surveys: BE-11, Annual Survey of U.S. Direct Investment Abroad
This proposed rule amends regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to amend the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering U.S. parent companies and their foreign affiliates. BEA proposes changes in the reporting criteria that will raise the thresholds for reporting.
Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2009 and Countries That Would Be Candidates but for Legal Prohibitions
Section 608(d) of the Millennium Challenge Act of 2003 requires the Millennium Challenge Corporation to publish a report that identifies countries that are ``candidate countries'' for Millennium Challenge Account assistance during FY 2009. The report is set forth in full below.
Revised Proposal for Available Alternative Site-Designation and -Management Framework
Based on comments received in response to the May 8, 2008, notice (73 FR 26077-26078), the Foreign-Trade Zones (FTZ) Board staff is making a number of revisions to its proposal to make available an alternative framework (for grantees that choose to participate) to designate and manage their general-purpose FTZ sites. Comments on the May proposal were overwhelmingly supportive overall with regard to making such a framework available to grantees on an optional basis. However, comments also raised a number of important questions and concerns. In response, we have made some significant revisions to the proposal. Key revisions are allowance for a special transitional phase for each grantee applying to transfer to the alternative framework, elimination of a general initial limit on the number of ``usage- driven'' (formerly ``user-driven'') sites, elimination of the concept of an ``anchor'' site, and flexibility on the duration of the sunset limits for ``magnet'' siteswith five years established as a minimum rather than a fixed standardso that the FTZ Board may take specific circumstances into account. Comments and questions are summarized and addressed below by general topic. The revised proposal is delineated after the discussion of the comments/questions.
Submission for OMB Review; Comment Request
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Safety Zone; Milwaukee Harbor, Milwaukee, WI
The Coast Guard will enforce the Milwaukee Harbor Safety Zone in Milwaukee Harbor from 8:30 p.m. through 8:45 p.m. on September 29, 2008. This action is necessary to protect vessels and people from the hazards associated with fireworks displays. This safety zone will restrict vessel traffic from portions of the Captain of the Port Lake Michigan Zone.
Privacy Act of 1974; Abolish Obsolete System of Records
The records formerly maintained in this Privacy Act System of Records, USDA/FS-05 Certified Cost Collectors are no longer maintained, and the System of Records is obsolete. Therefore, this system is being abolished and removed from the inventory of USDA System of Records in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
19th Avenue Drum Superfund Site, Opa Locka, Dade County, FL; Notice of Settlement
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the 19th Avenue Drum Superfund Site located in Opa Locka, Dade County, Florida for publication.
Meeting of the TVA Regional Resource Stewardship Council
The TVA Regional Resource Stewardship Council (RRSC) will hold a meeting on October 9 and October 10, 2008, to obtain views and advice on the topic of TVA's Commercial and Dispersed Recreation Strategy and its Violations & Encroachments Strategy. The RRSC was established to advise TVA on its natural resource stewardship activities. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2, (FACA). The meeting agenda includes the following: (1) TVA Updates; (2) TVA's Environmental Policy and a summary of the RRSC Recom- mendations on Stewardship Issues; (3) TVA's Commercial Recreation Strategy; (4) TVA's Dispersed Recreation Strategy; (5) TVA's Violations & Encroachments Strategy; (6) Public Comments; (7) Council Discussion and Advice. The TVA Regional Resource Stewardship Council will hear opinions and views of citizens by providing a public comment session. The public comment session will be held at 9:30 a.m., EDT, on Friday, October 10. Persons wishing to speak are requested to register at the door by 9 a.m., EDT, on October 10 and will be called on during the public comment period. Handout materials should be limited to one printed page. Written comments are also invited and may be mailed to the Regional Resource Stewardship Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11B, Knoxville, Tennessee 37902.
General and Plastic Surgery Devices; Reclassification of the Absorbable Hemostatic Device; Reopening of Comment Period
The Food and Drug Administration (FDA) is reopening until October 14, 2008, the comment period for a proposed rule published in the Federal Register of October 31, 2006 (71 FR 63728) to reclassify the absorbable hemostatic device from class III (premarket approval) into class II (special controls). FDA is reopening the comment period to update comments and to receive any new information. Elsewhere in this issue of the Federal Register, FDA is also reopening the comment period on a notice of availability of a draft guidance document that would serve as the special control if FDA reclassifies this device.
Proposed Collection; Comment Request for Form 1120-F
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 1120-F, U.S. Income Tax Return of a Foreign Corporation.
Draft Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Absorbable Hemostatic Device; Availability; Reopening of Comment Period
The Food and Drug Administration (FDA) is reopening until October 14, 2008, the comment period for a draft guidance entitled ``Class II Special Controls Guidance Document: Absorbable Hemostatic Device.'' The draft guidance describes a means by which the absorbable hemostatic device may comply with the requirements of special controls if it is reclassified. FDA is reopening the comment period to update comments and to receive any new information. Elsewhere in this issue of the Federal Register, FDA is reopening the comment period on a proposed rule to reclassify the absorbable hemostatic device from class III (premarket approval) into class II (special controls).
Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Park County, WY
The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 90.00 acres of public land in Park County, Wyoming. Park County proposes to use the land for a sanitary landfill.
Minnkota Power Cooperative, Inc.: Notice of Extension of Public Comment Period for Public Scoping in Preparation of an Environmental Impact Statement
The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, hereinafter referred to as Rural Development and/or the Agency, is extending the public comment period for the public scoping in preparation of an Environmental Impact Statement (EIS) for the proposed action by Minnkota Power Cooperative (Minnkota Power), Otter Tail Power Company, and Minnesota Power to construct a 230 kV electric transmission line from Bemidji to Grand Rapids, Minnesota. Rural Development and the State of Minnesota Office of Energy Security (OES) are jointly preparing an EIS to evaluate the potential impacts of the proposed transmission line pursuant to the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et seq.) in accordance with the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR 1500-1508), 36 CFR 800.2(a); section 106 of the National Historic Preservation Act 16 U.S.C. 470f and its implementing regulations, ``Protection of Historic Properties'' (36 CFR Part 800); the Minnesota Environmental Policy Act (MEPA), Minnesota Statute, Chapter 116D.04; the Minnesota Power Plant Siting Act (MPPSA); Minnesota Statute, Chapter 216 E.03 and Minnesota Rules, Chapter 4400. The U.S. Forest Service-Chippewa National Forest, the U.S. Army Corps of Engineers, the U.S. Bureau of Indian Affairs, and the Leech Lake Band of Ojibwe are participating as Cooperating Agencies in development of the EIS. Two public scoping documents, an Alternatives Evaluation Study (AES) and a Macrocorridor Study (MCS), were prepared to provide public information on the proposed project. Using information from the AES and the MCS and considering input provided by government agencies, private organizations, and the public, Rural Development and OES, in consultation with the Cooperating Agencies, will determine the scope of the EIS. The MCS Study included maps of only three of the four transmission line corridor alternatives. This report has been updated to include the map of four transmission line macrocorridor options that are currently part of the study area. Notices distributed in local areas to notify the public of the proposed project included only one macrocorridor option with two route alternatives the applicants proposed in the State of Minnesota Route Permit Application. To ensure that interested parties located within the any of the four transmission line macrocorridor alternatives are provided adequate opportunity for comment, notices are being reissued and the public comment period is being extended for one month.
Sentencing Guidelines for United States Courts
On May 1, 2008, the Commission submitted to Congress amendments to the federal sentencing guidelines and published these amendments in the Federal Register on May 9, 2008. See 73 FR 26924. The Commission has made technical and conforming amendments, set forth in this notice, to commentary provisions related to those amendments.
Proposed Collection; Comment Request for Form 8308
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 8308, Report of a Sale or Exchange of Certain Partnership Interests.
Proposed Collection; Comment Request for Form 1099-SA
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 1099-SA, Distributions From an HSA, Archer MSA or Medical Advantage MSA.
Section 6707A and the Failure To Include on Any Return or Statement any Information Required To Be Disclosed Under Section 6011 With Respect to a Reportable Transaction
This document contains temporary regulations regarding the imposition of penalties under section 6707A of the Internal Revenue Code (Code) for the failure to include on any return or statement any information required to be disclosed under section 6011 with respect to a reportable transaction. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register.
Section 6707A and the Failure To Include on Any Return or Statement Any Information Required To Be Disclosed Under Section 6011 With Respect to a Reportable Transaction
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations under section 6707A of the Internal Revenue Code (Code), which provide the rules relating to the assessment of penalties under section 6707A for the failure to include on any return or statement any information required to be disclosed under section 6011 with respect to a reportable transaction. The text of those temporary regulations also serves as the text of these proposed regulations.
Notice of Inventions Available for Licensing
The inventions listed below are owned in whole or part by the U.S. Government, as represented by the Secretary of Commerce. The U.S. Government's interest in these inventions is available for licensing in accordance with 35 U.S.C. 207 and 37 CFR Part 404 to achieve expeditious commercialization of results of federally funded research and development.
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department of Education (Department) gives notice that on May 15, 2008, an arbitration panel rendered a decision in the matter of Arizona Department of Economic Security, Rehabilitation Services Administration v. United States Postal Service (Case No. R-S/06-3). This panel was convened by the Department under 20 U.S.C. 107d-1(b), after the Department received a complaint filed by the petitioner, the Arizona Department of Economic Security, Rehabilitation Services Administration.
Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Wind Energy Development in Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota; Including the U.S. Fish and Wildlife Service's Landscape-Level Easement Program in North Dakota, South Dakota, and Eastern Montana; and To Conduct Public Scoping Meetings
In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended; and the Council on Environmental Quality (CEQ) regulations; the U.S. Department of Energy, Western Area Power Administration (Western), and the U.S. Department of the Interior, Fish and Wildlife Service (Service), will, as joint lead agencies, prepare a Programmatic Environmental Impact Statement (Programmatic EIS) to evaluate issues associated with wind energy development within Western's Upper Great Plains Customer Service Region (UGP Region), which encompasses all or parts of the States of Iowa, Minnesota, Montana, Nebraska, North Dakota, and South Dakota; and upon the Service's landscape-level grassland and wetland easements in North Dakota, South Dakota, and eastern Montana. The U.S. Department of Agriculture, Rural Utility Services (RUS) plans to participate as a cooperating agency. Public scoping meetings will be held during the Programmatic EIS scoping period.
Manufacturing Extension Partnership Advisory Board
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Manufacturing Extension Partnership (MEP) Advisory Board, National Institute of Standards and Technology (NIST) will meet Wednesday, October 22, 2008, from 11 a.m. to 5 p.m. The MEP Advisory Board is composed of 10 members appointed by the Director of NIST who were selected for their expertise in the area of industrial extension and their work on behalf of smaller manufacturers. The Board was established to fill a need for outside input on MEP. MEP is a unique program consisting of centers across the United States and Puerto Rico, with partnerships at the state, federal, and local levels. The Board works closely with MEP to provide input and advice on MEP's programs, plans, and policies. For this meeting, discussions will focus on updates of MEP current key initiatives, MEP's next generation strategic plan and opportunities for MEP in emerging industries. The agenda may change to accommodate Board business.
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
The Bering Sea/Aleutian Islands (BSAI) Crab Rationalization Program (Program) allocates BSAI crab resources among harvesters, processors, and coastal communities. Amendment 27 would amend the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP) and the Program to include the statutory requirements of section 122(e) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 and modify the methods used to determine individual processor quota share (IPQ) use caps when crab are processed under custom processing arrangements. Amendment 27 also would modify limits on the amount of Aleutian Islands golden and red king crab IPQ that could be processed at a facility. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department of Education (Department) gives notice that on April 7, 2008, an arbitration panel rendered a decision in the matter of David Zelickson v. California Department of Rehabilitation, Case no. R-S/06-10). This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, David Zelickson.
Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part
On May 7, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom. The reviews cover 27 manufacturers/exporters. The period of review is May 1, 2006, through April 30, 2007. Based on our analysis of the comments received, we have made changes, including corrections of certain programming and other ministerial errors, in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Reviews.''
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. FEMA is revising this collection to include the increase in respondents forecasted to respond to this information collection.
Agency Information Collection Activities: Proposed Collection; Comment Request
The Federal Emergency Management Agency, 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 a continuing information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning FEMA's request for information from the licensee of a nuclear power plant that is needed in order to form a decision as to whether or not a condition of ``decline or fail'' exists at the state and local government level in the preparation of emergency planning responses.
Chesapeake and Ohio Canal National Historical Park Advisory Commission; Notice of Public Meeting
Notice is hereby given that a meeting of the Chesapeake and Ohio Canal National Historical Park Advisory Commission will be held at 9:30 a.m., on Friday, October 17, 2008, at the Chesapeake and Ohio Canal National Historical Park Headquarters, 1850 Dual Highway, Hagerstown, Maryland 21740.
Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
NMFS withdraws regulations that placed limits on charter vessel anglers, including a one-halibut daily bag limit in International Pacific Halibut Commission Area 2C. The U.S. District Court for the District of Columbia issued a Temporary Restraining Order (TRO) on June 10, 2008 (amended on June 13, 2008), and a Preliminary Injunction (PI) on June 20, 2008, enjoining and restraining NMFS from giving any effect to or otherwise taking any action to enforce the one- halibut daily bag limit restriction for charter vessel anglers. The TRO (as amended) and the PI direct that the daily bag limit should revert to the two-fish daily bag limit with one fish no more than 32 inches (81.3 cm) head-on length that was in place prior to the one-fish daily bag limit. This action ensures that regulatory text provides accurate information to the regulated public. The intended effect is to make regulatory requirements consistent with a duly issued court order.
National Fire Academy Board of Visitors
The National Fire Academy Board of Visitors will meet on October 2-4, 2008.
30-Day Notice of Proposed Information Collection: Form DS-3083, Training Registration (for Non-U.S. Government Persons), OMB Control No. 1405-0145
The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Training Registration (For Non-U.S. Government Persons). OMB Control Number: 1405-0145. Type of Request: Extension of a Currently Approved Collection. Originating Office: Foreign Service Institute, FSI/EX. Form Number: DS-3083. Respondents: Respondents are non-U.S. government persons and/or their eligible family members, authorized by Public Law 105-277 to receive training delivered by the Foreign Service Institute on a reimbursable or advance-of-funds basis. Estimated Number of Respondents: 100. Estimated Number of Responses: 100. Average Hours Per Response: 0.5. Total Estimated Burden: 50. Frequency: On occasion. Obligation to Respond: Required to Obtain or Retain a Benefit.
Marine Mammals; File Nos. 13583 and 13599
Notice is hereby given that the following two entities have applied in due form for permits to conduct import marine mammal parts for scientific research purposes: National Marine Mammal Laboratory (NMML, Dr. John Bengtson, Responsible Party), 7600 Sand Point Way NE, Seattle, WA 98115 (File No. 13583) and National Ocean Service Marine Forensic Lab (NOS Lab, Julie Carter, Principal Investigator), 219 Fort Johnson Road, Charleston, SC 29412 (File No. 13599).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2008 total allowable catch (TAC) of Pacific cod allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 meters (m)) length overall (LOA) using hook-and-line gear and Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2008 total allowable catch (TAC) of Pacific cod to be harvested.
Missouri Disaster Number MO-00030
This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1773-DR), dated 06/28/ 2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing through 08/13/2008. Effective Date: 09/03/2008. Physical Loan Application Deadline Date: 09/10/2008. EIDL Loan Application Deadline Date: 03/30/2009.
Training and Service Requirements for Merchant Marine Officers
The Coast Guard amends certain regulations relating to mariner training and service. These regulatory changes remove the expiration date of the radar-observer endorsement from the merchant mariner's license, allow for an apprentice mate of towing vessels to reduce sea- service time for mate (pilot) of towing vessels by completing additional approved training, and provide an alternate path to mate (pilot) of towing vessels for master of steam or motor vessels of any tonnage that is 200 GRT or less. These changes are intended and expected to eliminate confusion and provide alternate training and service requirements for mate (pilot) of towing vessels.
Tuberculosis; Amend the Status of New Mexico From Accredited Free to Modified Accredited Advanced
We are amending the regulations to remove a zone in New Mexico from the list of accredited-free zones for bovine tuberculosis and reclassify the entire State as modified accredited advanced. Because two affected herds have been detected in New Mexico's accredited-free zone since May 2007, the zone no longer meets our requirements for accredited-free status. This action is necessary to reduce the likelihood of the spread of bovine tuberculosis within the United States.
Privacy Act of 1974; System of Records
The CFTC proposes to adopt a new routine use that would permit disclosure of CFTC records governed by the Privacy Act when reasonably necessary to respond and prevent, minimize, or remedy harm that may result from an agency data breach or compromise.
Potato Cyst Nematode; Update of Quarantined Areas
We are advising the public that we have made changes to the area in the State of Idaho that is quarantined to prevent the spread of potato cyst nematode. The description of the quarantined area was updated on June 27, 2008, when nine fields were released from designation as quarantined areas and four fields were added as quarantined areas.
Joint Audit Committee Operating Agreement
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is publishing for public comment an agreement submitted by the Joint Audit Committee (``JAC'') for approval pursuant to Commission Regulation 1.52.\1\ The JAC is a voluntary, cooperative organization comprised of representatives of the financial surveillance staff of designated contract markets (``DCMs'') and the National Futures Association (``NFA'') and was formed for the purpose of coordinating the monitoring and examination of common futures commission merchant (``FCM'') members of such entities. The agreement governs the operation of the JAC and the manner by which the JAC will coordinate and cooperate in examining and monitoring FCMs for compliance with Commission and self-regulatory organization (``SRO'') minimum financial and related reporting requirements. The JAC is submitting the agreement to replace the current operating agreement, which has been in effect since 1984.
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