November 14, 2008 – Federal Register Recent Federal Regulation Documents

This document contains corrections to final regulations (TD 9428) that were published in the Federal Register on Monday, October 20, 2008 (73 FR62199) relating to the treatment of open account debt between S corporations and their shareholders. These final regulations provide rules regarding the definition of open account debt and the adjustments in basis of any indebtedness of an S corporation to a shareholder under section 1367(b)(2) of the Internal Revenue Code for shareholder advances and repayments on advances of open account debt. The regulations affect shareholders of S corporations and are necessary to provide guidance needed to comply with the applicable tax law.

This action is a supplemental notice of proposed rulemaking (SNPRM) to Coast Guard's April 15, 2008, notice of proposed rulemaking (NPRM) which proposed the revision of the list of permanent safety zones established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District (73 FR 20223). In the April 2008 NPRM, the Coast Guard proposed the addition of 22 new safety zones, and the modification 4 existing zones for fireworks display launch platforms and fallout areas. This supplemental proposal includes three additional safety zones and removes one previously proposed zone for a total of 24 new safety zones for fireworks displays. This action also proposes modification to one existing safety zone for a total of five modifications to preexisting zones established for fireworks displays. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods will be prohibited without approval of the appropriate Captain of the Port.

In November 2007, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published a joint Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for the Berths 136-147 [TraPac] Container Terminal Project (Project) in the Port of Los Angeles. The Corps is currently processing a permit application submitted by the LAHD to undertake various activities and construct structures in and over navigable waters and waters of the United States associated with the Project. Issuance of a Corps permit is a Federal action, which must comply with the air quality conformity requirements specified in section 176(c) of the Clean Air Act. An addendum to the Final EIS (Addendum) has been prepared that revises the conformity statement included in section 3.2 of the Final EIS and incorporates the Draft General Conformity Determination, as Appendix O to the Final EIS, for the Federal action associated with the Project. The general conformity regulations (40 CFR Part 93 Subpart B) allow general conformity determinations to be included in an EIS, but inclusion of these determinations is not required and can be separately noticed. The Addendum and General Conformity Determination are available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: https://www.portoflosangeles.org, and on the Corps' Web site: https://www.spl.usace.army.mil/regulatory/ POLA.htm (scroll down to the links under TraPac Project). In addition, they are available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps on the Addendum and Draft General Conformity Determination during the next 30 days will be considered fully before the Corps makes a Final General Conformity Determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a Final General Conformity Determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS, Addendum, and Draft General Conformity Determination, following publication of a Final General Conformity Determination and upon execution of the ROD.

The recently-enacted Consumer Product Safety Improvement Act of 2008 (``CPSIA''), sets forth several requirements for all terrain vehicles (``ATVs''). Among these, the CPSIA requires the United States Consumer Product Safety Commission (``Commission'' or ``CPSC'') to publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA 1-2007). This document satisfies that requirement and reviews other provisions of the CPSIA that apply to ATVs.

On October 7, 2008, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking with request for comments on revisions to 12 CFR part 327 (see 73 FR 61560). The rulemaking proposed effective January 1, 2009, to raise the current assessment rates uniformly by seven basis points for the first quarter 2009 assessment period only; effective April 1, 2009, alter the way in which the FDIC's risk-based assessment system differentiates for risk and again change deposit insurance assessment rates; and also effective April 1, 2009, make technical and other changes to the rules governing the risk-based assessment system. The proposed rules were published for a 30-day comment period, which is scheduled to close on November 17, 2008. In order to afford interested parties additional time beyond the present 30-day comment period to review the proposals with an April 1, 2009 effective date, the FDIC is extending the period for public comment by 30 days, that is, until December 17, 2008. The present 30-day comment period for the proposed seven basis point rate increase for the first quarter of 2009 only, with its separate proposed effective date of January 1, 2009, is not extended and will expire on November 17, 2008.

The U.S. Army Corps of Engineers (Corps), in cooperation with the Pennsylvania Turnpike Commission and the U.S. Environmental Protection Agency, as a Cooperating Agency, have prepared a Final Environmental Impact Statement (FEIS)/Section 404 Permit Application for the Southern Beltway Transportation Project from I-79 to the Mon/ Fayette Expressway in Washington County, PA. The overall purpose of the project is to provide transportation mobility safety improvements, to relieve congestion, and to support economic development plans in southwestern Pennsylvania. The FEIS assesses the environmental effects of the various alternatives developed to address the project needs.

The Commission is adding Parcel Return Service Contract 1 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations and a recent Postal request. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

EPA is withdrawing a direct final rule that the Agency published on September 15, 2008. The direct final rule would have removed from the Code of Federal Regulations a rule that EPA promulgated in 1996 making provisions of the federal antidegradation policy directly applicable for all waters of the United States within the Commonwealth of Pennsylvania. EPA published the direct final rule with a parallel proposal to remove the federal antidegradation rule as it applies to waters in Pennsylvania. In a separate action today, EPA is also re-opening the comment period of the proposed rule to ensure all parties have adequate opportunity to express their views to the Agency prior to taking final action on the proposed rule.

This regulation establishes a tolerance for residues of tetraconazole in or on grape. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires inspecting to identify the wing anti-ice ducts (piccolo tubes) in the wing leading edge. For airplanes with affected piccolo tubes, the existing AD requires revising the airplane flight manual (AFM) to introduce new procedures for operation in icing conditions. The existing AD provides an optional implementation of repetitive inspections for cracks of affected piccolo tubes, and corrective actions if necessary, which terminates the operational limitations. The existing AD also provides an optional installation of certain new piccolo tubes, which terminates both the AFM revision and the inspections. This AD adds airplanes to the applicability, requires revising the AFM to introduce new procedures for operation in icing conditions, and requires inspecting to determine if certain anti-ice piccolo ducts are installed, and replacing or repairing the piccolo duct if necessary. This AD also provides an optional terminating action of replacing all affected piccolo ducts. This AD results from reports of failed piccolo tubes. We are issuing this AD to prevent cracked piccolo tubes, which could result in air leakage, a possible adverse effect on the anti-ice air distribution pattern and anti-ice capability without annunciation to the flight crew, and consequent reduced controllability of the airplane.

This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-29. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services, as the means of verifying that certain of their employees are eligible to work in the United States.

The FAA proposes to rule and invite public comment on the release of land at the Eagle County Regional Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

This notice announces the availability of a Record of Decision by FHWA pursuant to the requirements of the National Environmental Protection Policy Act of 1969 (NEPA), 42 U.S.C. 4321, as amended and the Council on Environmental Quality Regulations (40 CFR parts 1500- 1508). In addition, this notice announces actions taken by FHWA and other Federal agencies that are final with in the meaning of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway project, US-131 in St. Joseph County, Michigan. These actions grant approvals for the project.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are revising our regulations for the Abandoned Mine Reclamation Fund (Fund) and the Abandoned Mine Land (AML) program. This rule revises our regulations to be consistent with the Tax Relief and Health Care Act of 2006, Public Law 109-432, signed into law on December 20, 2006, which included the Surface Mining Control and Reclamation Act Amendments of 2006 (the 2006 amendments). The rule reflects the extension of our statutory authority to collect reclamation fees for an additional fourteen years and to reduce the fee rates. The rule also updates the regulations in light of the statutory amendments that change the activities State and Tribal reclamation programs may perform under the AML program, funding for reclamation grants to States and Indian tribes, and transfers to the United Mine Workers of America (UMWA) Combined Benefit Fund (CBF), the UMWA 1992 Benefit Plan, and the UMWA Multiemployer Health Benefit Plan (1993 Benefit Plan). Finally, our rule extends incentives reauthorized by the 2006 amendments pertaining to the remining of certain lands and water adversely affected by past mining.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A318, A319, A320, and A321 airplanes. That AD currently requires inspecting to determine the part number and serial number of the fuel tank boost pumps and, for airplanes with affected pumps, revising the airplane flight manual (AFM) and the FAA-approved maintenance program. The existing AD also provides for optional terminating action for compliance with the revisions to the AFM and the maintenance program. This new AD requires modifying or replacing the fuel tank boost pumps, which would terminate the AFM limitations and the maintenance program revisions. This AD results from a report that a fuel tank boost pump failed in service, due to a detached screw of the boost pump housing that created a short circuit between the stator and rotor of the boost pump motor and tripped a circuit breaker. We are issuing this AD to prevent electrical arcing in the fuel tank boost pump motor, which, in the presence of a combustible air-fuel mixture in the pump, could result in an explosion and loss of the airplane.

The FAA adopts a new airworthiness directive (AD) to supersede AD 78-08-09, which applies to certain Allied Ag Cat Productions, Inc. (formerly Grumman-American) (Allied Ag Cat) Models G-164, G-164A, and G-164B airplanes. AD 78-08-09 currently requires repetitively inspecting the interior and the exterior of the main tubular spar of the rudder assembly for corrosion, taking necessary corrective action if corrosion is found, and applying corrosion protection. Since we issued AD 78-08-09, the rudder main tubular spar failed on a later production airplane. Consequently, this AD retains the actions required in AD 78-08-09 and expands the applicability to include all G-164 series airplanes. We are issuing this AD to detect and correct corrosion in the rudder main tubular spar, which could result in failure of the weld to the main spar tube. This failure could lead to loss of directional control.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

We are adopting a new airworthiness directive (AD) for the products listed above. This 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: