Federal Register 2007-01-09: Vol 72 Iss 5

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II Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007
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III
Contents
Federal Register
Vol. 72. No. 5
Tuesday, January 9, 2007
Agriculture Department Grants and cooperative agreements; availability, etc.:
See Animal and Plant Health Inspection Service Safe and drug free schools program—
See Farm Service Agency Prevention of High-Risk Drinking or Violent Behavior
Among College Students; correction, 962
Animal and Plant Health Inspection Service Meetings:
PROPOSED RULES National Board for Education Sciences, 962
Exportation and importation of animals and animal
products: Election Assistance Commission
Bovine spongiform encephalopathy; minimal-risk regions; NOTICES
importation of live bovines and products derived Agency information collection activities; proposals,
_ from bovines, 1102-1129 submissions, and approvals, 962-963
Army Department Energy Department
See Engineers Corps See Federal Energy Regulatory Commission
NOTICES NOTICES
Privacy Act; systems of records, 956-957 Meetings:
Reports and guidance documents; availability, etc.: Environmental Management Site-Specific Advisory
DOD Personal Property Program; Transportation Service Board—
Provider (TSPJ/contractors; Full Replacement Value Hanford Site, WA, 964
mandatory requirement, 957 Savannah River Site, SC, 963-964
Arts and Humanities, National Foundation Engineers Corps
See National Foundation on the Arts and the Humanities
NOTICES
Environmental statements; availability, etc.:
Coast Guard
Dover Dam, Tuscarawas County, OH, 958
RULES
Ports and waterways safety; regulated navigation areas,
Environmental Protection Agency
safety zones, security zones, etc.:
NOTICES
Potomac and Anacostia Rivers, Washington, DC and
Meetings:
Arlington and Fairfax Counties, VA, 905-907
Coastal Elevations and Sea Level Rise Advisory
Savannah River, Savannah GA, 907-910
Committee, 964-965
NOTICES Reports and guidance documents; availability, etc.:
Agency information collection activities; proposals,
Clean Air Interstate Rule Federal Implementation Plan
submissions, and approvals, 970-971
Trading Programs: EGU NOx annual and NOx ozone
season allocations, 965
Commerce Department
See International Trade Administration
Executive Office of the President
RULES
See Presidential Documents
Civil monetary penalties inflation adjustment, 900-901
See Trade Representative, Office of United States
Commission of Fine Arts
Farm Service Agency
NOTICES
Meetings, 951 RULES
Special programs:
Consumer Product Safety Commission Hurricane disaster programs, 875-887
PROPOSED RULES
Federal Hazardous Substances Act: Federal Aviation Administration
Children’s jewelry containing lead; injury risk; comment RULES
request, 920-922 Airworthiness directives:
BAE Systems (Operations) Ltd., 895-897
Defense Department Bell Helicopter Textron Canada, 889-892
See Army Department Stemme GmbH & Co., 892-894
See Engineers Corps Class D airspace, 897-898
See Navy Department Class E airspace, 898-899
NOTICES Standard instrument approach procedures, 899-900
Meetings: , PROPOSED RULES
Defense Health Board, 951-952 Airworthiness directives:
Privacy Act; systems of records, 952—956 Robinson Helicopter Co., 918-920
Education Department Federal Election Commission
NOTICES RULES
Agency information collection activities; proposals, Purpose of disbursement entries for filings; finance reports
submissions, and approvals, 960-961 by political committees and other persons, 887-889
IV Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Contents
Federal Emergency Management Agency Medical Devices 101: An Educational Forum; public
PROPOSED RULES workshop, 968
Flood elevation determinations: Vaccines and Related Biological Products Advisory
Various States, 926-935 Committee, 968-969
NOTICES
Disaster and emergency areas: Health and Human Services Department
Illinois, 971-972 See Food and Drug Administration
Oregon, 972 See Health Resovuces and Services Administration
NOTICES
Federal Energy Regulatory Commission Scientific misconduct findings; administrative actions:
PROPOSED RULES Park, Jong Hyuk, Ph.D., 966-967
Electric utilities (Federal Power Act):
Accounting and reporting requirements for nonoperating
Health Resources and Services Administration
public utilities and licensees, 922-926
NOTICES
Agency information collection activities; proposals,
Federal Highway Administration
submissions, and approvals, 969-970
NOTICES Meetings: ■
Agency information collection activities; proposals,
Migrant Health National Advisory Council, 970
submissions, and approvals, 1049-1050
Homeland Security Department
Federal Maritime Commission
See Coast Guard
NOTICES
See Federal Emergency Management Agency
Agreements filed, etc., 965-966
Federal Motor Carrier Safety Administration Interior Department
See Fish and Wildlife Service
NOTICES
Driver qualifications; vision requirement exemptions, 1050- See Land Management Bureau
1057 See National Park Service
Federal Reserve System Internal Revenue Service
NOTICES RULES
Banks and bank holding companies: Income taxes:
Change in bank control, 966 Qualified amended returns, 902-905
Federal Retirement Thrift Investment Board International Trade Administration
NOTICES NOTICES
Meetings; Sunshine Act, 966 • Antidumping:
Cut-to-length carhon steel plate from—
Federal Transit Administration
Romania, 936
RULES Freshwater crawfish tail meat from—
Industry guides:
China, 936-937
Nurseries, 901-902 Hand trucks and certain parts thereof from—
Organization, functions, and procedures: China, 937-947
Public transportation systems; emergency procedures,
Honey from—
910-913 China, 947-948
NOTICES Wooden bedroom furniture from—
Transit operations; prohibited drug use and alcohol misuse
China, 948-949
prevention:
Reports and guidance documents: availability, etc.:
Large transit employers; random drug and alcohol testing
Antidumping methodologies: market economy inputs,
rates, 1057-1058
expected non-market economy wages, and duty
drawback, 949-951
Fine Arts Commission
See Commission of Fine Arts
Labor Department
Fish and Wildlife Service NOTICES
Grants and cooperative agreements; availability, etc.:
PROPOSED RULES
Endangered and threatened species: Central America; strengthening career civil service
Findings on petitions, etc.— systems of labor inspectorates, 1010-1027
Polar bear, 1064-1099 Central America: strengthening labor systems,
establishing worker rights centers, 995-1010
NOTICES
Environmental statements; notice of intent: Central America and Dominican Republic; strengthening
Medicine Lake National Wildlife Refuge Complex, MT; labdr law compliance in the agricultural sector, 975-
comprehensive conservation plan, 972-973 995
Food and Drug Administration Land Management Bureau
NOTICES NOTICES
Meetings: Withdrawal and reservation of lands:
In vitro diagnostic multivariate index assays, 967-968 Arizona, 973-974
Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Contents V
National Archives and Records Administration NYSE Area, Inc., 1042-1049
NOTICES
Agency records schedules; availability, 1027-1029
Thrift Supervision Office
National Foundation on the Arts and the Humanities NOTICES
Agency information collection activities; proposals,
NOTICES
submissions, and approvals, 1059-1060
Meetings:
Arts Advisory Panel, 1029
Trade Representative, Office of United States
National Institute for Literacy NOTICES
NOTICES Reports and guidance documents; availability, etc.:
Meetings: Intellectual property rights and market access;
Advisory Board, 1029-1030 identification of countries that deny adequate
protection, 1033-1034
National Park Service
NOTICES Transportation Department
National Register of Historic Places; pending nominations,
See Federal Aviation Administration
974-975
See Federal Highway Administration
See Federal Motor Carrier Safety Administration
Navy Department
See Federal Transit Administration
NOTICES
Privacy Act; systems of records, 958-960
Treasury Department
Nuclear Regulatory Commission See Internal Revenue Service
NOTICES See Public Debt Bureau
Decommissioning plans; sites: See Thrift Supervision Office
Kaiser Aluminum & Chemical Corp. Tulsa Site, OK, See United States Mint
1032-1033
Applications, hearings, determinations, etc.:
United States Mint
Nuclear Management Co., LLC, et al., 1030-1032
NOTICES
Meetings:
Office of United States Trade Representative
Citizens Coinage Advisory Committee, 1060
See Trade Representative, Office of United States
Overseas Private Investment Corporation Veterans Affairs Department
NOTICES NOTICES
Meetings; Sunshine Act, 1034 Meetings:
Rehabilitation Research and Development Service
Personnel Management Office Scientific Merit Review Boeu-d, 1060-1061
PROPOSED RULES
Civil service regulations:
Student loans repayment, 914-918
Separate Parts In This Issue
Postal Regulatory Commission
NOTICES Part II
Meetings; Sunshine Act, 1034 Interior Department, Fish and Wildlife Service, 1064—1099
Presidential Documents
Part III
ADMINISTRATIVE ORDERS
Government agencies and employees: Agricultm-e Department, Animal and Plant Health
Health and Human Services Department of; Citizens Inspection Service, 1102-1129
Health Care Working Group, assignment of functions
to the Secretary (Memorandum of January 5, 2007), Part IV
1131-1133 Executive Office of the President, Presidential Dociunents,
1131-1133
Public Debt Bureau
NOTICES
Agency information collection activities; proposals,
submissions, and approvals, 1058-1059 Reader Aids
Consult the Reader Aids section at the end of this issue for
Securities and Exchange Commission phone numbers, online resources, finding aids, reminders,
NOTICES and notice of recently enacted public laws.
Investment Company Act of 1940:
FBR Fund Advisers, Inc., et al., 1034-1036 To subscribe to the Federal Register Table of Contents
Sun Life Assurance Company of Canada (U.S.) et al., LISTSERV electronic mailing list, go to http://
1036-1040 listserv.access.gpo.gov and select Online mailing list
Self-regulatory organi2uitions; proposed rule changes: archives, FEDREGTOC-L, Join or leave the list (or change
American Stock Exchange LLC, 1040-1041 settings); then follow the instructions.
VI Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this rnonth can be found in the
Reader Aids section at the end of this issue.
3 CFR
Administrative Orders:
MemorarKiums:
Memorandum of
January 5, 2007.1133
5 CFR
Proposed Rules:
537.914
7 CFR
760.875
9 CFR
Proposed Ruies:
93 .1102
94 .1102
95 .1102
96 .1102
11 CFR
104.887
14 CFR
39 (3 documents).889, 892,
895
71 (2 documents).897, 898
97 .899
Proposed Rules:
39.918
15 CFR
6 .900
16 CFR
18.901
Proposed Rules:
1500.920
18 CFR
Proposed Rules:
101.922
125.922
141.922
26 CFR
1.902
33 CFR >
165 (2 documents).905, 907
44 CFR
Proposed Rules:
67.926
49 CFR
601.910
so CFR
Proposed Rules:
17 .1064
875
Rules and Regulations
Federal Register
Vol. 72, No. 5
Tuesday, January 9, 2007
This section of the FEDERAL REGISTER counties in Alabama, Florida, Louisiana, expressed the need for the programs
contains regulatory documents having general Mississippi, North Carolina, and Texas, because of the losses caused by
applicability and legal effect, most of which destroyed and damaged trees, killed hurricane destruction. Some of the
are keyed to and codified in the Code of livestock, and adversely impacted crop commenters addressed issues about
Federal Regulations, which is published under production, including aquaculture, thus other, already existing regulations and
50 titles pursuant to 44 U.S.C. 1510.
severely limiting the purchasing power issues which were not part of the
The Code of Federal Regulations is sold by of farmers engaged in the production of interim final rule for which no
the Superintendent of Documents. Prices of agricultural commodities. Section 32 of comments were invited. Therefore,
new books are listed in the first FEDERAL the Act of August 24, 1935, as amended these issues are not addressed. A few
REGISTER issue of each week. (Section 32), provides discretionary editorial changes have been made in the
authority for the Secretary of text of the regulation for clarity and to
Agriculture (the Secretary) to use facilitate the application of the
DEPARTMENT OF AGRICULTURE Section 32 funds to reestablish farmers’ regulations. The definition of deer has
purchasing power by making payments been removed because it, as provided in
Farm Service Agency
to them in connection with the normal the interim rule, did nut include all
production of agricultural commodities categories of eligible deer.
7 CFR Part 760
produced for domestic consumption. • Comment: Three commenters
RIN 0560-AH45 The FSA published an interim final expressed concern that the disaster
rule on May 10, 2006, with a 30-day programs were not available to
2005 Section 32 Hurricane Disaster comment period which ended on June producers in DeSoto County, Florida.
Programs; 2006 Livestock Assistance 9, 2006. The interim final rule provided Response: This rule addressed the
Grant Program that the Secretary would use an hurricane destruction only in those
estimated $250 million in funds counties in the named States that
agency: Farm Service Agency, USDA.
available under Section 32 to restore received a Presidential or Secretarial
ACTION: Final rule. purchasing power to farmers affected by Designation as a primary county. DeSoto
SUMMARY: This final rule sets forth the the significant and widespread County was not so designated and
Farm Service Agency (FSA) regulations destruction caused by the named therefore the disaster programs are not
for the 2005 Section 32 Hurricane hurricanes, in those counties in the available for losses in that county. No
Disaster Programs in response to ncuned States that received a change to the final rule was made as a
emergency agricultural situations Presidential or Secretarial Designation result of these comments.
caused by the 2005 hurricanes Dennis, as a primary county. Accordingly, for • Comment: One commenter
Katrina, Ophelia, Rita, and Wilma in eligible losses suffered as a result of the expressed concern that payments under
certain counties in Alabama, Florida, aforementioned hurricanes, the TIP would be paid only to eligible
Louisiana, Mississippi, North Carolina, Secretary determined that assistance owners.
and Texas. The rule establishes four would be provided by establishment of Response: The text of the background
hurricane disaster programs to^jrovide four hurricane disaster programs to of the interim rule did state that TIP
funds to eligible producers who suffered provide direct payments to eligible payments would be provided to eligible
eligible losses, and a grant program that producers who suffered eligible losses; owners. However, the regulatory text at
will provide funds to the respective and one grant program that will provide 760.502 is actually broader in that TIP
States to enable them to assist funds to the named States in order to payments are also made to those who
aquaculture producers having losses enable these States to assist aquaculture bear financial responsibility and who
related to the aforementioned producers. These programs include: (1) have incurred costs, which includes
hurricanes. This final rule also sets forth Hurricane Indemnity Program (HIP), (2) lessees. Accordingly, no change to the
provisions related to the 2006 Livestock Feed Indemnity Program (FIP), (3) final rule was made as a result of this
Assistance Grant Program. Livestock Indemnity program (LIP), (4) comment.
Tree Indemnity Program (TIP), and (5) • Comment: Two commenters sought
DATES: This final rule is effective Aquaculture Grant Program. These clarification of the provisions which
January 8, 2007.
programs operate under regulations describe the exclusion ft-om these
FOR FURTHER INFORMATION CONTACT: codified in 7 CFR part 760. di.saster programs of individuals or
Diane Sharp, Director, Production, entities whose adjusted gross income
Emergencies, and Compliance Division: Comments and Changes to Final Rule (AGI) is in excess of $2.5 million
Farm Service Agency; United States Seven respondents provided without including the stipulation that
Department of Agriculture, STOP 0517, comments to FSA during the 30-day individuals or entities are eligible if
1400 Independence Avenue, SW., comment period. One comment was 75% or more of the $2.5 million is
Washington, DC 20250-0517; telephone received from an individual, four earned from agricultural enterprises.
(202) 720-76^1; e-mail comments were received ft’om Response: A change to the final rule
[email protected]. •associations representing various will be made to clarify the provision
SUPPLEMENTARY INFORMATION: producer interests, and two comments that an individual or entity may be
were received from advocacy considered to meet the AGI
Discussion of Final Rule organizations. All comments received requirements if not less than 75% of the
In 2005 hurricanes Dennis, Katrina, were in support of the 2005 Section 32 individual’s or entity’s average AGI for
Ophelia, Rita, and Wilma, in applicable Hurricane Disaster Programs and the three tax years immediately
876 Federal Register/Vol. 72, No. 5/Tuesday, January 9, 2007/Rules and Regulations
preceding the applicable crop year is rule was made as a result of this applies for benefits will be eligible to
derived from farming or ranching comment. receive a payment if damage occurred
operations. • Comment: One commenter due to an eligible hvuricane and due to
• Comment: One conunenter requested clarification as to what FSA a cause of loss which includes
suggested that the initial breeding and deems to be farming or ranching hurricanes.
raising of horses should be deemed part activities for these disaster programs. Response: A change to section
of agricultural production, and that Response: FSA defers to how the 760.202(a)(3)(vi) in the final rule will be
horses are an agricultural product producer classified and reported the made to delete “hurriceme.”
regardless of the activity in which the income of the farming enterprise to IRS. • Comment: One commenter stated
horse may be used. Therefore, the The producer decision of how to report concern that no rationale is offered for
definitions of “commercial use” cmd such income reflects the business excluding FIP assistance for losses of
“farming operation” should be modified practices of that enterprise. FSA beef cattle, buffalo/beefalo, and dairy
to indicate a commercial horse breeding determinations about such farming or cattle weighing less than 500 pounds
operation, by itself, would satisfy the ranching activities, when necessary, and that because many producers have
applicable definitions. will be determined by documents filed realized drastically lower-than-projected
Response: FSA does not agree that a with IRS for the applicable year. No income from their 2005 calves, FIP
horse, or any animal, is an agricultural change to the final rule was made as a assistance for these producers for all of
product without regard to the purpose, result of this comment. their livestock losses is critical to
use, or activity for which it is used. • Comment: Two commenters restoring their buying power.
Regardless of whether the animal is a expressed concern about HIP providing Response: The purpose of FIP is to
horse, goat, sheep, cattle or other disaster benefits to eligible producers provide monetary assistance to eligible
livestock, no animal is automatically who receive either a Federal Crop livestock"owners, or cash lessees, for
considered an agricultural product Insurance Program or the Non Insured feed losses or increased feed costs that
based solely on the kind of livestock. No Crop Disaster Assistance Program (NAP) occurred as a result of an applicable
change to the final rule was made as a payment. One commenter asked that hurricane. The program is not designed
result of this comment. FSA let “small and limited farmers and or authorized to provide assistance for
• Comment: One commenter ranchers participate in this program the loss or reduction of projected
questioned why FIP excludes “* * * without regard to having received income. In general, livestock under a
donkeys, mules, or other large solid- * * *” such a payment. Another certain weight are normally still nursing
hoofed herbivorous mammals” but LIP commenter asked that FSA waive the and obtaining most of their nutrition
includes “* * * mule or donkey.” requirement for those who agree to from their mother. Therefore, generally,
Response: Each of these two livestock obtain coverage in the future, stating there is no, or minimal, feed loss
programs was designed to be consistent that the limitations of HIP payments to associated with respect to such animals.
with previous livestock programs those who receive either a crop No change to the final rule was made as
implemented by FSA. Administering insurance or NAP payment places a a result of this comment.
similar programs in a consistent manner disproportionate impact upon limited • Comment: One commenter
reduces the burden placed on producers resource and socially disadvantaged expressed concern that there would be
and ensures that these programs are farmers. insufficient funds to cover all losses,
consistent with similar previous FSA Response: Of the 5 disaster programs thus producing a ‘first-come, first-serve’
programs. Accordingly, FSA determined offered under the 2005 Section 32 allocation system that would favor the
to include equine animals (horses, Hurricane Disaster Programs, only HIP most informed producers without
donkeys, and mules) as an eligible benefits are predicated on participants accounting for less informed producers
category under LIP, and determined to having received a crop insurance or who are at least equally in need of
include horses as an eligible category of NAP payment. HIP is a “top up” assistance.
livestock because of the change in the program that will supplement crop Response: FSA is confident that
definition of livestock included in insurance or NAP payments because of sufficient funds are available to cover all
Public Law 109-97. No change to the emergency agricultural situations that eligible losses. These programs are
final rule was made as a result of this crop insurance or NAP payments did available to all eligible producers on an
comment. not adequately meet. Because HIP is equal basis. No change to the final rule
• Comment: One commenter intended to supplement crop insurance was made as a result of this comment.
suggested that the word “produced” be or NAP payments, waiving this • Comment: One commenter lu^ed
removed from the requirements for requirement for those who agree to FSA to provide for producers who
eligibility under both FIP and LIP as it obtain coverage in the future would suffered eligible losses in multiple
pertains to animals because, the delay implementation of the program. counties to apply for disaster benefits in
commenter claimed, animals such as Also, both NAP and the catastrophic one county office; and absent this
race horses would thus not be eligible level of crop insurance are available at provision, to make the date a producer
if they were produced for reasons other no cost to limited resource producers files his first application in any county
than commercial use as part of a farming who request that the fees for same be office the application date for his filings
operation. waived. Further, some previous disaster in all other county offices.
Response: The purpose and use of any programs have had the stipulation that Response: Based on the fact that
animal, including a horse, is critical to payments be made based on the proviso severe devastation occurred, very little
determining whether the requirements that future coverage be obtained and in documentation is available to support
of Section 32 are met. Any animal, many instances such future coverage reported losses. Therefore FSA
including a horse, which was produced was not obtained. No change to the final determined to require producers to
and maintained for reasons other than rule was made as a result of this apply in each county where loss
commercial use as part of a farming comment. occurred in order to enable each FSA
operation would not meet the criteria • Comment: One commenter stated county office to validate the loss in that
required under the authority provided that under HIP there seemed no need for county and to maintain the integrity of
by Section 32. No change to the final FSA to determine that a producer who the program. As stated previously, FSA