August 2011 – Federal Register Recent Federal Regulation Documents

This document contains final regulations regarding the suspension of interest, penalties, additions to tax, or additional amounts under section 6404(g) of the Internal Revenue Code. The final regulations explain the general rules for suspension and exceptions to those general rules, and incorporate a special rule from Notice 2007- 93, 2007-48 IRB 1072, regarding the effective date of the changes to section 6404(g) made by the Small Business and Work Opportunity Tax Act of 2007. The final regulations affect taxpayers who file timely individual income tax returns and who fail to receive notification from the IRS of additional tax liability within the time period prescribed by section 6404(g).

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FTC is amending its Rules of Practice for its adjudicative process, including those regarding the initiation of discovery, limitations on discovery, the Standard Protective Order, the admission of certain hearsay evidence, the video recording of proceedings, the designation of confidentiality on documents, the timing for oral argument on appeal, and a reference to the Equal Access to Justice Act.

EPA is disapproving a portion of the State Implementation Plan (SIP) revision received from the State of New Mexico on September 17, 2007, for the purpose of addressing the ``good neighbor'' requirements of section 110(a)(2)(D)(i) of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (PM2.5) NAAQS. In this action, EPA is disapproving the New Mexico Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(II) that emissions from New Mexico sources do not interfere with measures required in the SIP of any other state under part C of the CAA to protect visibility. We have found that New Mexico sources, except the San Juan Generating Station, are sufficiently controlled to eliminate interference with the visibility programs of other states. EPA is promulgating a Federal Implementation Plan (FIP) to address this deficiency by implementing nitrogen oxides (NOX) and sulfur dioxide (SO2) emission limits necessary at the San Juan Generating Station (SJGS), to prevent such interference. EPA found in January 2009 that New Mexico had failed to submit a SIP addressing certain regional haze (RH) requirements, including the requirement for best available retrofit technology (BART). The Clean Air Act required EPA to promulgate a FIP to address RH requirements by January 2011. This FIP addresses the RH BART requirement for NOX for SJGS. In addition, EPA is implementing sulfuric acid (H2SO4) hourly emission limits at the SJGS, to minimize the contribution of this compound to visibility impairment. This action is being taken under section 110 and part C of the CAA.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires repetitive inspections for cracking of the lower rear spar caps of the wings, and related investigative and corrective actions if necessary. This AD also requires repetitive inspections of certain repaired areas. This AD was prompted by reports of cracking of the wing rear spar lower cap at the outboard flap and inboard drive hinge at station Xrs=164.000; the cracking is due to material fatigue from normal flap operating loads. We are issuing this AD to detect and correct such fatigue cracking, which could result in fuel leaks, damage to the wing skin or other structure, and consequent reduced structural integrity of the wing.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plans and environmental assessments (Draft CCPs/EAs) for the Ke[amacr]lia Pond and Kakahai'a National Wildlife Refuges (Refuges), for public review and comment. The Draft CCPs/EAs describe our proposals for managing the Refuges for the next 15 years.

This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations pertaining to the filing of documentation related to free entry of certain merchandise under Chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS). The proposed amendment would permit an applicant to file the documentation required for duty-free treatment of certain visual and auditory materials of an educational, scientific, or cultural character under subheading 9817.00.40, HTSUS, at any time prior to the liquidation of the entry. The regulation currently requires the filing of this documentation within 90 days of the date of entry. The proposed change would provide more time for the importer to provide the necessary certification documentation to CBP and would serve to align the filing of required certification documentation with a change in CBP policy that extended the liquidation cycle for entries in the ordinary course of business from 90 days to 314 days after the date of entry. The change is consistent with other regulations that govern the duty-free treatment of merchandise under Chapter 98, HTSUS.

The Federal Transit Administration (FTA) hereby establishes a formal policy on the eligibility of pedestrian and bicycle improvements for FTA funding and defines the catchment area for pedestrians and bicyclists in relation to public transportation stops and stations.

In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Super Notice of Funding Availability (SuperNOFA) for the Service Coordinators in Multifamily Housing program. This announcement contains the names of the awardees and the amounts of the awards made available by HUD.

In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Notice of Funding Availability (NOFA) for the Assisted Living Conversion Program (ALCP). This announcement contains the names of the grantees and the amounts of the awards made available by HUD.

In accordance with section 102 (a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Notice of Funding Availability (NOFA) for the Section 811 Supportive Housing for Persons with Disabilities Program. This announcement contains the names of the awardees and the amounts of the awards made available by HUD.

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, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Modern Antiquity: Picasso, de Chirico, L[eacute]ger, and Picabia in the Presence of the Antique,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at The J. Paul Getty Museum, the Getty Villa, Pacific Palisades, California, from on or about November 2, 2011, until on or about January 16, 2012, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. For Further Information Contact: For further information, including a list of the exhibit objects, contact Kevin M. Gleeson, Attorney- Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

On February 14, 2011, the Department of Commerce (``Department'') published in the Federal Register the Preliminary Results of the fifth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we continue to find that Hilltop \2\ has not sold subject merchandise at less than normal value (``NV'') during the period of review (``POR''), February 1, 2009, through January 31, 2010.

Notice is hereby given that the Springfield Science Museum, 21 Edwards Street, Springfield, Massachusetts 01103 [David J. Stier, Responsible Party], has applied in due form for a permit to hold and transport shortnose sturgeon (Acipenser brevirostrum) for the purposes of enhancement.

NMFS implements this temporary final rule to increase the commercial quota for greater amberjack in the Gulf of Mexico (Gulf) for the 2011 fishing year and reopen the 2011 commercial fishing season for greater amberjack for a limited time period. These actions are necessary to achieve the optimum yield for the fishery, thus enhancing social and economic benefits to the fishery.

NMFS has received a complete and adequate application from the Port of Vancouver, USA (Port) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving during construction of the Terminal 5 Bulk Potash Handling Facility. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to incidentally harass, by Level B harassment only, three species of marine mammals during the specified activity within a specific geographic area and is requesting comments on its proposal.

The Food and Drug Administration (FDA) has determined that PENTETATE ZINC TRISODIUM (zinc trisodium diethylenetriaminepentaacetate (Zn-DTPA)) solution for intravenous or inhalation administration, equivalent to (EQ) 1 gram (g) base/5 milliliters (mL) (EQ 200 milligrams (mg) base per mL), was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for PENTETATE ZINC TRISODIUM (Zn-DTPA) solution for intravenous or inhalation administration (EQ 1 g base/5 mL (EQ 200 mg base/mL)), if all other legal and regulatory requirements are met.

This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products and a service from the Procurement List previously furnished by such agencies.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Natural Resources Agency, has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Salton Sea Species Conservation Habitat (SCH) Project. The Natural Resources Agency is requesting a permit from the Corps of Engineers to discharge dredged or fill material into the Salton Sea, a water of the United States subject to the Corps jurisdiction under section 404 of the Clean Water Act, including permanent impacts up to 24 acres and temporary impacts up to 1,760 acres for the construction of up to 3,770 acres of shallow ponds and associated infrastructure at the southern end of the Salton Sea in Imperial County, California. Compared to existing conditions, the SCH Project would result in a net increase in the extent of jurisdictional aquatic resources by up to 1,986 acres because the ponds would restore such resources located between elevation -228 feet and -231 feet previously lost by the receding Sea. Draft EIS/EIR Comment Process. In an effort to follow sustainable business practices, the Draft EIS/EIR can be downloaded in electronic format from the Natural Resources AgencyDepartment of Water Resources' Web site: https://www.water.ca.gov/ saltonsea/. A hardcopy of the Draft EIS/EIR and documents referenced in the Draft EIS/EIR can be viewed at the following location: California Department of Fish and Game, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. In addition, the hardcopy Draft EIS/EIR can be viewed at the following public locations: Brawley Public Library, 400 Main Street, Brawley, CA 92227; Calipatria Public Library, 225 West Main Street, Calipatria, CA 92233; Imperial Public Library, 200 West 9th Street, Imperial, CA 92251; El Centro Public Library, 375 South 1st Street, El Centro, CA 92243; Imperial County Free Library, 2098 Frontage Road, Salton City, CA 92275; Mecca-North Shore Public Library, 91-260 Avenue 66, Mecca, CA 92254; and Coachella Branch Library, 1538 7th Street, Coachella, CA 92236. The Corps and the Natural Resources Agency invites interested parties to attend one of the jointly held public hearings to provide the agencies with their views and comments on the Draft EIS/EIR. Comments on the content of the Draft EIS/EIR by Federal, State, and local agencies, affected Indian tribes, and other interested organizations and persons are encouraged and will be considered by the Corps and the Natural Resources Agency and become part of the administrative record for the Corps' decision. The public hearings will be held at: 1. CalipatriaSeptember 14, 2011 at 1 P.M. at the Calipatria Inn and Suites, 700 North Sorenson Avenue, Calipatria, CA 92233. 2. BrawleySeptember 14, 2011 at 6 P.M. at Elks Lodge 1420, 161 South Plaza, Brawley, CA 92227. 3. Palm Desert September 15, 2011 at 1 P.M. at the University of California, 75-080 Frank Sinatra Drive, Room B200, Palm Desert, CA 92211. In order for the Corps and the Natural Resources Agency to more accurately process and respond to comments, an online e-form is provided on the Natural Resources AgencyDepartment of Water Resources' Web site https://www.water.ca.gov/saltonsea/ and is the preferred method of receiving comments from interested parties. Alternatively, written comment letters can be provided directly to Ms. Lanika Cervantes or Mr. David Elms at the addresses listed below.

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 (the PRA).

The Office of the United States Trade Representative (``USTR'') is providing notice that on July 22, 2011, the People's Republic of China requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures regarding diamond sawblades and parts thereof from China. That request may be found at https://www.wto.org contained in a document designated as WT/DS422/1/ Add.1. USTR invites written comments from the public concerning the issues raised in China's July 22, 2011 consultation request.