COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 3, 2008
Today’s Brief Includes:
MONEY, TRANSPORTATION
(March 19-25)
Federal Deposit Insurance (FDIC) – No newly published regulations this week
Federal Reserve (FRS) – No newly published regulations this week
National Transportation Safety Board (NTSB) – No newly published regulations this week
Transportation (DOT)
Treasury (USDT)
EMPLOYMENT, ENVIRONMENT, ENERGY, RESOURCES, TRIBES
(March 21-27)
Energy (DOE) – No newly published regulations this week
Environmental Protection (EPA)
Interior (DOI) – Includes selected notices
Labor (DOL) – No newly published regulations this week
Labor Relations (NLRB) – No newly published regulations this week
Nuclear Regulatory Commission (NRC) – No newly published regulations this week
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
Organization and delegation of powers and duties, secretarial succession:
Organization and Delegation of Powers and Duties; Secretarial Succession, Federal
Register, March 19, 2008, Volume 73, Number 54, Rules and Regulations, Page
14727, 49 CFR Part 1, Docket No. OST 2008-0103, RIN 2105-AD73, Final rule.
[TEXT] [PDF]
(This final rule is effective March 19, 2008.)
SUMMARY: This action revises the order of Secretarial succession for the Department
of Transportation (DOT or Department).
AMENDMENT: 49 CFR Part 1 ORGANIZATION AND DELEGATION OF POWERS AND
DUTIES, Section 1.26 is amended by revising paragraph (a) to read as follows:
Section 1.26 Secretarial succession.
(a) The following officials, in the order indicated, shall act as Secretary of
Transportation, in case of the absence or disability of the Secretary, until the
absence or disability ceases, or in the case of a vacancy, until a successor is
appointed. Notwithstanding the provisions of this section, the President
retains discretion, to the extent permitted by the law, to depart from this
order in designating an acting Secretary of Transportation.
(1) Deputy Secretary.
(2) Under Secretary of Transportation for Policy.
(3) General Counsel.
(4) Assistant Secretary for Budget and Programs.
(5) Assistant Secretary for Transportation Policy.
(6) Assistant Secretary for Governmental Affairs.
(7) Assistant Secretary for Aviation and International Affairs.
(8) Assistant Secretary for Administration.
(9) Federal Aviation Administrator.
(10) Federal Aviation Administration Regional Administrator,
Southwest Region.
(11) Federal Aviation Administration Regional Administrator, Great
Lakes Region.
*****
------------------------------FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus Model A300 series airplanes and Airbus
Model A300-600 series airplanes: Airworthiness Directives; Airbus Model A300
Series Airplanes and Airbus Model A300-600 Series Airplanes, Federal Register,
March 19, 2008, Volume 73, Number 54, Rules and Regulations, Page 14670, 14 CFR
Part 39, Docket No. FAA-2007-28944, Directorate Identifier 2006-NM-239-AD,
Amendment 39-15430, AD 2008-06-18, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of certain publications listed
in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Airbus
Model A300 series airplanes and Airbus Model A300-600 series airplanes. 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:
[T]he detection of cracks on multiple aircraft in lower skin panel No. 2 forward
of access panel 575FB/675FB held on the rear dummy spar, inboard of rib 9,
fuselage side, aft of the rear spar. This area of structure has been subjected
to several repairs and modifications in previous years. The AIRBUS Service
Bulletins (SB) A300-57-0177 at Revision 3 and A300-57-6029 at Revision 4
define the various configurations for the mandatory inspections to be
conducted in order to control or correct the development of cracks which
could affect the structural integrity of the aircraft.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Airbus Model A330 200, A330 300, A340 200, and
A340 300 series airplanes: Airworthiness Directives; Airbus Model A330-200,
A330-300, A340-200, and A340-300 Series Airplanes, Federal Register, March 19,
2008, Volume 73, Number 54, Rules and Regulations, Page 14668, 14 CFR Part 39,
Docket No. FAA-2007-0396, Directorate Identifier 2007-NM-282-AD, Amendment
39-15438, AD 2008-06-26, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of certain publications listed
in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Airbus
Model A330-200, A330-300, A340-200, and A340-300 Series airplanes. 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:
One A320 operator has reported a disbond on the composite rudder control
rod. Investigations conducted by the supplier revealed that this disbond is
due to an incorrect low volume of resin in the fibre composite. The supplier
and AIRBUS have confirmed that some rudder control rods installed on A330
and A340-200/-300 aircraft before delivery or delivered as spare are also
affected by this defect. Rudder control rod rupture can lead, in the worst
case, in combination with a yaw damper runaway to an unsafe condition.
*****
The unsafe condition is reduced control of the airplane.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Airbus Model A330 and A340 airplanes:
Airworthiness Directives; Airbus Model A330 and A340 Airplanes, Federal Register,
March 19, 2008, Volume 73, Number 54, Rules and Regulations, Page 14659, 14 CFR
Part 39, Docket No. FAA-2007-0347, Directorate Identifier 2007-NM-253-AD,
Amendment 39-15437, AD 2008-06-25, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of certain publications listed
in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Airbus
Model A330 and A340 airplanes. 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:
Two A330 operators have reported that the guide shaft of the Refuel Isolation
Valve has been broken away from the main casting and entered the fuel tank.
The Supplier Investigation evidenced that water builds-up in the cavity of the
Refuel Isolation Valve and freezes during flight. When refuel pressure is
applied to the piston, the ice restricts the piston travel on one side leading to
an asymmetric movement of the piston resulting in breakage of the guide
shaft. A non-bonded metallic object within the fuel tank can result [in] a
potential ignition source, which in combination with a lightning strike
constitutes an unsafe condition.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Boeing Model 737-300, 400, and 500 series
airplanes: Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series
Airplanes, Federal Register, March 19, 2008, Volume 73, Number 54, Rules and
Regulations, Page 14666, 14 CFR Part 39, Docket No. FAA-2007-0346, Directorate
Identifier 2007-NM-202-AD, Amendment 39-15436, AD 2008-06-24, RIN 2120AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of a certain publication
listed in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) results from a report that several
passenger masks with broken in-line flow indicators were found following a mask
deployment in certain Boeing Model 737-300, -400, and -500 series airplanes. This
AD requires actions intended to prevent the in-line flow indicators of the passenger
oxygen masks from fracturing and separating, which could inhibit oxygen flow to the
masks and consequently result in exposure of the passengers and cabin attendants
to hypoxia following a depressurization event.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires an
inspection to determine the manufacturer and manufacture date of the oxygen
masks in the passenger service unit and the lavatory and attendant box assemblies,
corrective action if necessary, and other specified action.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Boeing Model 737 300, 400, and 500 series
airplanes: Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series
Airplanes, Federal Register, March 24, 2008, Volume 73, Number 57, Rules and
Regulations, Page 15397, 14 CFR Part 39, Docket No. FAA-2008-0303, Directorate
Identifier 2008-NM-047-AD, Amendment 39-15441, AD 2008-06-29, RIN 2120AA64, Final rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 8, 2008. The Director of the
Federal Register approves the incorporation by reference of a certain publication
listed in this AD as of April 8, 2008. The Federal Aviation Administration (FAA) must
receive comments on this AD by May 23, 2008.)
PURPOSE: This airworthiness directive (AD) results from reports of fuel leaking from
a puncture in the slat track housing (referred to as the “slat can”) in Boeing Model
737-300, -400, and -500 series airplanes. This AD requires actions intended to
detect and correct loose or missing parts from the main slat track downstop
assemblies, which could puncture the slat can and result in a fuel leak and
consequent fire.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for all Boeing
Model 737-300, -400, and -500 series airplanes. This AD requires repetitive
inspections of the downstop assemblies on the main tracks of the No. 2, 3, 4, and 5
slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing,
damaged, or in the wrong order. This AD also requires other specified actions, and
related investigative and corrective actions if necessary.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Eurocopter France Model EC130 B4 helicopters:
Airworthiness Directives; Eurocopter France Model EC130 B4 Helicopters, Federal
Register, March 24, 2008, Volume 73, Number 57, Rules and Regulations, Page
15395, 14 CFR Part 39, Docket No. FAA-2007-28229, Directorate Identifier 2006SW-23-AD, Amendment 39-15434, AD 2008-06-22, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 28, 2008. The incorporation by
reference of certain publications listed in the regulations is approved by the Director
of the Federal Register as of April 28, 2008.)
PURPOSE: This airworthiness directive (AD) requires actions intended to detect
debonding between the twist grip drive tubes and the control pinions on the pilot and
co-pilot collective levers to prevent loss of cockpit throttle control of the engine, and
subsequent loss of control in Eurocopter France Model EC130 B4 helicopters.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for the
specified Eurocopter France (Eurocopter) Model EC 130 B4 helicopters, with certain
twist grip assemblies installed, that requires inspecting the pilot and co-pilot
collective levers for proper bonding between the twist grip drive tubes and the
control pinions and if debonding is present, replacing the collective levers before
further flight. This amendment is prompted by an incident in which the engine
remained at idle speed although the twist grip had been turned to the flight position.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
.
Airworthiness directives, Fokker Model F.28 Mark 0070, 0100, 1000, 2000,
3000, and 4000 airplanes: Airworthiness Directives; Fokker Model F.28 Mark
0070, 0100, 1000, 2000, 3000, and 4000 Airplanes, Federal Register, March 19,
2008, Volume 73, Number 54, Rules and Regulations, Page 14661, 14 CFR Part 39,
Docket No. FAA-2007-29030, Directorate Identifier 2006-NM-284-AD, Amendment
39-15432, AD 2008-06-20, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of certain publications listed
in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Fokker
Model F.28 Mark 0070, 0100, 1000, 2000, 3000, and 4000 airplanes. 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:
Subsequent to accidents involving Fuel Tank System explosions in flight * * *
and on ground, * * * Special Federal Aviation Regulation 88 (SFAR88) * * *
required a safety review of the aircraft Fuel Tank System * * *.
*****
Fuel Airworthiness Limitations are items arising from a systems safety
analysis that have been shown to have failure mode(s) associated with an
‘unsafe condition’ * * *. These are identified in Failure Conditions for which an
unacceptable probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Goodrich evacuation systems approved under
Technical Standard Orders, installed on various Boeing, McDonnel Douglas,
and Airbus transport category airplanes: Airworthiness Directives; Goodrich
Evacuation Systems Approved Under Technical Standard Orders (TSOs) TSO-C69,
TSO-C69a, TSO-C69b, and TSO-C69c, Installed on Various Boeing, McDonnell
Douglas, and Airbus Transport Category Airplanes, Federal Register, March 24, 2008,
Volume 73, Number 57, Rules and Regulations, Page 15399, 14 CFR Part 39, Docket
No. FAA-2007-28370, Directorate Identifier 2003-NM-239-AD, Amendment 3915439, AD 2008-06-27, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 28, 2008. The Director of the
Federal Register approves the incorporation by reference of a certain publication
listed in this AD as of April 28, 2008. The Director of the Federal Register approves
the incorporation by reference of a certain other publication listed in this AD as of
March 11, 2008 (73 FR 6586, February 5, 2008).)
PURPOSE: This airworthiness directive (AD) results from several reports of corroded
shear-pin restraints that prevented Goodrich evacuation systems from deploying
properly in Goodrich evacuation systems approved under Technical Standard Orders
(TSOs) TSO-C69, TSO-C69a, TSO-C69b, and TSO-C69c, installed on certain Boeing,
McDonnell Douglas, and Airbus transport category airplanes. This AD requires actions
intended to prevent failure of an evacuation system, which could impede an
emergency evacuation and increase the chance of injury to passengers and
flightcrew during the evacuation.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Goodrich evacuation systems approved under Technical Standard Orders (TSOs)
TSO-C69, TSO-C69a, TSO-C69b, and TSO-C69c, installed on certain Boeing,
McDonnell Douglas, and Airbus transport category airplanes. For certain systems,
this AD requires replacing the evacuation system's shear-pin restraints with new
ones. For certain other systems, this AD requires an inspection for manufacturing lot
numbers; and a general visual inspection of the shear-pin restraint for discrepancies,
and corrective actions if necessary.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, McDonnell Douglas Model DC 10 10 and DC 10 10F
airplanes, etc.: Airworthiness Directives; McDonnell Douglas Model DC-10-10 and
DC-10-10F Airplanes, Model DC-10-15 Airplanes, Model DC-10-30 and DC-10-30F
(KC-10A and KDC-10) Airplanes, Model DC-10-40 and DC-10-40F Airplanes, Model
MD-10-10F and MD-10-30F Airplanes, and Model MD-11 and MD-11F Airplanes,
Federal Register, March 19, 2008, Volume 73, Number 54, Rules and Regulations,
Page 14673, 14 CFR Part 39, Docket No. FAA-2007-0201, Directorate Identifier
2007-NM-163-AD, Amendment 39-15433, AD 2008-06-21, RIN 2120-AA64, Final
rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. The Director of the
Federal Register approves the incorporation by reference of a certain publication
listed in this AD as of April 23, 2008.)
PURPOSE: This airworthiness directive (AD) results from a design review of the fuel
tank systems. This AD requires actions intended to prevent the potential for ignition
sources inside fuel tanks caused by latent failures, alterations, repairs, or
maintenance actions, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for McDonnell
Douglas Model DC-10-10 and DC-10-10F Airplanes, Model DC-10-15 Airplanes,
Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) Airplanes, Model DC-10-40
and DC-10-40F Airplanes, Model MD-10-10F and MD-10-30F Airplanes, and Model
MD-11 and MD-11F airplanes. This AD requires revising the FAA-approved
maintenance program, or the Airworthiness Limitations (AWLs) section of the
Instructions for Continued Airworthiness, as applicable, to incorporate new AWLs for
fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements.
For certain airplanes, this AD also requires the initial accomplishment of a certain
repetitive AWL inspection to phase in that inspection, and repair if necessary.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Airworthiness directives, Pacific Aerospace Corp., Ltd. Model 750XL
airplanes: Airworthiness Directives; Pacific Aerospace Corporation, Ltd Model 750XL
Airplanes, Federal Register, March 19, 2008, Volume 73, Number 54, Rules and
Regulations, Page 14665, 14 CFR Part 39, Docket No. FAA-2008-0034 Directorate
Identifier 2007-CE-097-AD, Amendment 39-15428, AD 2008-06-16, RIN 2120-AA64,
Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 23, 2008. As of April 23, 2008,
the Director of the Federal Register approves the incorporation by reference of
certain publications listed in this AD.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) s a new AD for the Pacific
Aerospace Corporation, Ltd Model 750XL airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued 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:
DCA/750XL/3A is prompted by a report from the manufacturer of the
possibility that wiring loom protective sleeving is not fitted to aircraft S/N 107
through to 134. AD applicability revised to include aircraft up to S/N 134. To
prevent fretting damage to the wiring loom that may lead to arcing in
proximity to the fuel vent lines and the possibility of fire * * *.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Class E airspace, amendment, Black River Falls, WI: Amendment of Class E
Airspace; Black River Falls, WI, Federal Register, March 20, 2008, Volume 73,
Number 55, Rules and Regulations, Page 14925, 14 CFR Part 71, Docket No. FAA2008-0024, Airspace Docket No. 08-AGL-4, Direct final rule, withdrawal.
[TEXT] [PDF]
(This direct final rule, withdrawal, is effective 0901 UTC March 20, 2008.)
SUMMARY: A direct final rule, published in the Federal Register February 11, 2008,
(73 FR 7668), Federal Aviation Administration (FAA) Docket No. FAA-2008-0024,
establishing Class E airspace at Black River Falls Area Airport, is withdrawn. The FAA
has found that Class E airspace already exists for the area, and therefore, substantial
corrections would need to be made. In the interest of clarity, this rule is withdrawn,
and a new rulemaking amending the existing airspace is forthcoming.
Class E airspace, amendment, Danville, KY: Amendment of Class E Airspace;
Danville, KY, Federal Register, March 21, 2008, Volume 73, Number 56, Rules and
Regulations, Page 15058, 14 CFR Part 71, Docket No. FAA-2007-0246, Airspace
Docket No. 07-ASO-26, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under Title 1, Code of
Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments. Any
comments for inclusion in the Rules Docket must be received on or before May 5,
2008.)
SUMMARY: This action modifies Class E Airspace at Danville, KY. Additional airspace
is required to support new Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures (SIAPs) developed for Stuart Powell Field
Airport. This action enhances the safety and management of Instrument Flight Rule
(IFR) operations in the area by providing the required controlled airspace to support
these approaches around Danville, KY. This action change the airport's name from
Goodall Field Airport to Stuart Powell Field Airport.
Class E airspace, amendment, Indianapolis, IN: Amendment of Class E
Airspace; Indianapolis, IN, Federal Register, March 20, 2008, Volume 73, Number
55, Rules and Regulations, Page 14925, 14 CFR Part 71, Docket No. FAA-2008-0126,
Airspace Docket No. 08-AGL-2, Direct final rule, withdrawal.
[TEXT] [PDF]
(This direct final rule, withdrawal, is effective 0901 UTC March 20, 2008.)
SUMMARY: A direct final rule, published in the Federal Register February 4, 2008,
(73 FR 6424), Federal Aviation Administration (FAA) Docket No. FAA-2008-026,
establishing Class E airspace at Hendricks County-Gordon Graham Field Airport,
Indianapolis, IN, is withdrawn.
The FAA has found that Class E airspace already exists for the Indianapolis, IN,
area, and therefore, substantial corrections would need to be made. In the interest
of clarity, this rule is withdrawn, and a new rulemaking amending the existing
airspace is forthcoming.
Class E airspace, establishment, Farmington, ME: Establishment of Class E
Airspace; Farmington, ME, Federal Register, March 19, 2008, Volume 73, Number
54, Rules and Regulations, Page 14677, 14 CFR Part 71, Docket No. FAA-2007-0243,
Airspace Docket No. 07-ANE-93, Final rule, confirmation of effective date.
[TEXT] [PDF]
(This final rule is confirmed effective 0901 UTC, upon publication. The Director of the
Federal Register approves this incorporation by reference action under Title 1, Code
of Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments.)
SUMMARY: This action confirms the effective date of a direct final rule that
establishes a Class E airspace area to support Area Navigation (RNAV) Global
Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve
the Franklin Memorial Hospital in Farmington, ME.
Class E airspace, establishment, Lady Lake, FL: Establishment of Class E
Airspace; Lady Lake, FL, Federal Register, March 21, 2008, Volume 73, Number 56,
Rules and Regulations, Page 15060, 14 CFR Part 71, Docket No. FAA-2008-0072,
Airspace Docket No. 08-ASO-03, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 UTC, June 05, 2008. The Director of the
Federal Register approves this incorporation by reference action under Title 1, Code
of Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments. Any
comments for inclusion in the Rules Docket must be received on or before May 5,
2008.)
SUMMARY: This action establishes Class E Airspace at Lady Lake, FL to support a
new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument
Approach Procedure (IAP) developed for medical flight operations into the Village of
Homewood Lady Lake Hospital. This action enhances the safety and management of
Instrument Flight Rule (IFR) operations by providing that required controlled
airspace for this approach around Lady Lake, FL.
Class E airspace, establishment, Lexington, OK: Establishment of Class E
Airspace; Lexington, OK, Federal Register, March 20, 2008, Volume 73, Number 55,
Rules and Regulations, Page 14925, 14 CFR Part 71, Docket No. FAA-2008-0003,
Airspace Docket No. 08-ASW-1, Direct final rule, withdrawal.
[TEXT] [PDF]
(This direct final rule, withdrawal, is effective 0901 UTC March 20, 2008.)
SUMMARY: A direct final rule, published in the Federal Register February 11, 2008
(73 FR 7667) Federal Aviation Administration (FAA) Docket No. 2008-0003, is
withdrawn. This copy of the rule was inadvertently sent to the Federal Register. The
direct final rule establishing Class E airspace at Muldrow Army Heliport, Lexington,
OK, published February 15, 2008, (73 FR 8795) is the correct rule.
Class E airspace, establishment, Skowhegan, ME: Establishment of Class E
Airspace; Skowhegan, ME, Federal Register, March 19, 2008, Volume 73, Number
54, Rules and Regulations, Page 14677, 14 CFR Part 71, Docket No. FAA-2007-0244,
Airspace Docket No. 07-ANE-94, Final rule, confirmation of effective date.
[TEXT] [PDF]
(This final rule is confirmed effective 0901 UTC, March 19, 2008. The Director of the
Federal Register approves this incorporation by reference action under Title 1, Code
of Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments.)
SUMMARY: This action confirms the effective date of a direct final rule that
establishes a Class E airspace area to support Area Navigation (RNAV) Global
Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve
the Redington-Fairview General Hospital, Skowhegan, ME.
Class E airspace, establishment, Sunbury, PA: Establishment of Class E
Airspace; Sunbury, PA, Federal Register, March 19, 2008, Volume 73, Number 54,
Rules and Regulations, Page 14677, 14 CFR Part 71, Docket No. FAA-2008-0162,
Airspace Docket No. 08-AEA-15, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under Title 1, Code of
Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments. Any
comments for inclusion in the Rules Docket must be received on or before May 5,
2008.)
SUMMARY: This action establishes Class E Airspace at Sunbury, PA to support a new
Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument
Approach Procedure (IAP) that has been developed for medical flight operations into
the Sunbury Community Hospital Airport. This action enhances the safety and
management of Instrument Flight Rule (IFR) operations by providing that required
controlled airspace to protect for this approach around Sunbury, PA.
Class E airspace, establishment, Susquehanna, PA: Establishment of Class E
Airspace; Susquehanna, PA, Federal Register, March 19, 2008, Volume 73, Number
54, Rules and Regulations, Page 14679, 14 CFR Part 71, Docket No. FAA-2008-0161,
Airspace Docket No. 08-AEA-14, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under Title 1, Code of
Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments. Any
comments for inclusion in the Rules Docket must be received on or before May 5,
2008.)
SUMMARY: This action establishes Class E Airspace at Susquehanna, PA to support a
new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument
Approach Procedure (IAP) that has been developed for medical flight operations into
the Susquehanna High School. This action enhances the safety and management of
Instrument Flight Rule (IFR) operations by providing that required controlled
airspace to protect for this approach around Susquehanna, PA.
Class E airspace, establishment, Walden, CO: Establishment of Class E Airspace;
Walden, CO, Federal Register, March 20, 2008, Volume 73, Number 55, Rules and
Regulations, Page 14924, 14 CFR Part 71, Docket No. FAA-2007-0205, Airspace
Docket No. 07-ANM-17, Final rule.
[TEXT] [PDF]
(This final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR Part 51, subject
to the annual revision of Federal Aviation Administration (FAA) Order 7400.9 and
publication of conforming amendments.)
SUMMARY: This action establishes Class E airspace at Walden, CO. Additional Class E
airspace is to accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at
Walden-Jackson County Airport. This improves the safety of Instrument Flight Rules
(IFR) aircraft executing the new RNAV GPS SIAP at Walden-Jackson County Airport,
Walden, CO.
Class E airspace, Fort Kent, ME: Establishment of Class E Airspace; Fort Kent, ME,
Federal Register, March 20, 2008, Volume 73, Number 55, CORRECTIONS, Page
15049, 14 CFR Part 71, Docket No. FAA-2008-0059, Airspace Docket No. 08-ANE-90,
Correction.
[TEXT] [PDF]
CORRECTION: 14 CFR Part 71 is corrected as follows:
In rule document 08-734 beginning on page 9451 in the issue of February 21,
2008, the following correction is made:
On page 9452, in the first column, under “Rule” heading, in the
seventh line, “011” is corrected to read “001”.
Establishment of Class E airspace, Lewiston, ME: Establishment of Class E
Airspace; Lewiston, ME, Federal Register, March 21, 2008, Volume 73, Number 56,
Rules and Regulations, Page 15061, 14 CFR Part 71, Docket No. FAA-2007-0245,
Airspace Docket No. 07-ANE-95, Final rule, confirmation of effective date.
[TEXT] [PDF]
(This final rule is confirmed effective 0901 UTC, March 21, 2008. The Director of the
Federal Register approves this incorporation by reference action under Title 1, Code
of Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments.)
SUMMARY: This action confirms the effective date of a direct final rule that
establishes a Class E airspace area to support Area Navigation (RNA V) Global
Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve
the Central Maine Medical Center, Lewiston, ME.
Establishment of Class E airspace, Milford, PA: Establishment of Class E
Airspace; Milford, PA, Federal Register, March 21, 2008, Volume 73, Number 56,
Rules and Regulations, Page 15061, 14 CFR Part 71, Docket No. FAA-2008-0160,
Airspace Docket No. 08-AEA-13, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under Title 1, Code of
Federal Regulations, Part 51, subject to the annual revision of Federal Aviation
Administration (FAA) Order 7400.9 and publication of conforming amendments. Any
comments for inclusion in the Rules Docket must be received on or before May 5,
2008.)
SUMMARY: This action establishes Class E Airspace at Milford, PA to support a new
Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument
Approach Procedure (IAP) that has been developed for medical flight operations into
the Myer Airport. This action enhances the safety and management of Instrument
Flight Rule (IFR) operations by providing that required controlled airspace to protect
for this approach around Milford, PA.
Establishment of low altitude Area Navigation Routes (T-Routes), St. Louis,
MO: Establishment of Low Altitude Area Navigation Routes (T-Routes);
St. Louis, MO, Federal Register, March 19, 2008, Volume 73, Number 54, Rules and
Regulations, Page 14680, 14 CFR Part 71, Docket No. FAA-2007-0060, Airspace
Docket No. 07-ACE-1, Final rule.
[TEXT] [PDF]
(This final rule is effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR Part 51, subject
to the annual revision of Federal Aviation Administration (FAA) Order 7400.9 and
publication of conforming amendments.)
SUMMARY: This action establishes two low altitude Area Navigation (RNAV) routes,
designated T-251 and T-272, in the St. Louis, MO, terminal area. T-routes are low
altitude Air Traffic Service routes, based on RNAV, for use by aircraft that have
instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global
Navigation Satellite System (GNSS) equipment. Minor changes to the coordinates for
the RIVRS, IL, Intersection and the Foristell, MO, VORTAC have been made to correct
rounding errors. The FAA takes this action to enhance safety and improve the
efficient use of the navigable airspace in the St. Louis, MO, terminal area.
Revisions to cockpit voice recorder and digital flight data recorder
regulations, correction: Revisions to Cockpit Voice Recorder and Digital Flight Data
Recorder Regulations, Federal Register, March 21, 2008, Volume 73, Number 56,
Corrections, Page 15280, 14 CFR Parts 91 and 135, Docket No. FAA-2005-20245,
Amendment No. 23-58, 25-124, 27-43, 29-50, 91-300, 121-338, 125-54, 129-45,
and 135-113, RIN 2120-AH88, Correction.
[TEXT] [PDF]
CORRECTION: In rule document E8-3949 beginning on page 12542 in the issue of
March 7, 2008 of the Federal Register, corrections are made as indicated in the
linked document.
Special Federal Aviation Regulation No. 108, Mitsubishi MU-2B Series
Airplane Special Training, Experience, and Operating Requirements, Office
of Management and Budget (OMB) approval for information collection:
Special Federal Aviation Regulation No. 108--Mitsubishi MU-2B Series Airplane
Special Training, Experience, and Operating Requirements; Notice of OMB Approval
for Information Collection, Federal Register, March 19, 2008, Volume 73, Number 54,
Rules and Regulations, Page 14676, 14 CFR Parts 61, 91, and 135, Docket No. FAA2006-24981, Amendment Nos. 61-119, 91-301, and 135-114, RIN 2120-AI82, Final
rule, notice of Office of Management and Budget approval for information collection.
[TEXT] [PDF]
(The Federal Aviation Administration (FAA) received the Office of Management and
Budget’s (OMB) approval for the information collection requirements in Special
Federal Aviation Regulation (SFAR) No. 108 March 3, 2008. SFAR No. 108, which
includes these information collection requirements, is effective, April 7, 2008. The
compliance date is February 6, 2009.)
SUMMARY: This action announces the Office of Management and Budget's (OMB)
approval of the information collection requirement for Special Federal Aviation
Regulation (SFAR) No. 108, which was published February 6, 2008.
Standard Instrument Approach Procedures, Takeoff Minimums, and
Obstacle Departure Procedures, miscellaneous amendments: Standard
Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure
Procedures; Miscellaneous Amendments, Federal Register, March 19, 2008, Volume
73, Number 54, Rules and Regulations, Page 14681, 14 CFR Part 97, Docket No.
30598, Amendment No. 3261, Final rule.
[TEXT] [PDF]
(This final rule is effective March 19, 2008. The compliance date for each Standard
Instrument Approach Procedure (SIAP), associated Takeoff Minimums, and Obstacle
Departure Procedure (ODP) is specified in the amendments. The incorporation by
reference of certain publications listed in the regulations is approved by the Director
of the Federal Register as of March 19, 2008.)
SUMMARY: This action establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures (ODPs) 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.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Standard Instrument Approach Procedures, Takeoff Minimums, and
Obstacle Departure Procedures, miscellaneous amendments: Standard
Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure
Procedures; Miscellaneous Amendments, Federal Register, March 19, 2008, Volume
73, Number 54, Rules and Regulations, Page 14686, 14 CFR Part 97, Docket No.
30597, Amendment No. 3260, Final rule.
[TEXT] [PDF]
(This final rule is effective March 19, 2008. The compliance date for each Standard
Instrument Approach Procedure (SIAP), associated Takeoff Minimums, and Obstacle
Departure Procedure (ODP) is specified in the amendments. The incorporation by
reference of certain publications listed in the regulations is approved by the Director
of the Federal Register as of March 19, 2008.)
SUMMARY: This action establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures (ODPs) 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.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
------------------------------FEDERAL HIGHWAY ADMINISTRATION (FHWA)
Indian Reservation Road Bridge Program: Indian Reservation Road Bridge
Program, Federal Register, March 25, 2008, Volume 73, Number 58, Rules and
Regulations, Page 15661, 23 CFR Part 661, FHWA Docket No. FHWA-2007-27536,
RIN 2125-AF20, Final rule.
[TEXT] [PDF]
(This final rule is effective April 24, 2008.)
SUMMARY: Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144)
makes significant changes to the Indian Reservation Road Bridge Program (IRRBP).
In addition, it authorizes $14 million of IRRBP funds per year for the replacement or
rehabilitation of structurally deficient or functionally obsolete Indian Reservation
Road (IRR) bridges. This final rule amends the existing IRRBP by establishing new
policies and provisions. Also, in this final rule, preliminary engineering (PE) is now an
eligible activity.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
---------------------------------------------TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
Privacy Act, implementation: Privacy Act; Implementation, Federal Register,
March 25, 2008, Volume 73, Number 58, Rules and Regulations, Page 15671, 31 CFR
Part 1, Final rule.
[TEXT] [PDF]
(This final rule is effective March 25, 2008.)
SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as
amended, the Department of the Treasury gives notice of a final rule to exempt an
Internal Revenue Service system of records entitled “Treasury/IRS 42.002--Excise
Compliance Programs” from certain provisions of the Privacy Act.
AMENDMENT: 31 CFR Part 1 is amended as follows:
Section 1.36 paragraph (g)(1)(viii) is amended by adding the following text to
the table in numerical order.
Section 1.36 Systems exempt in whole or in part from provisions of 5
U.S.C. 522a and this Part.
*****
(g) * * *
(1) * * *
(viii) * * *
System No.
Name of system
*****
IRS 42.002........................... Excise Compliance Programs.
*****
------------------------------COMPTROLLER OF THE CURRENCY (OCC)
Lending limits: Lending Limits, Federal Register, March 20, 2008, Volume 73,
Number 55, Rules and Regulations, Page 14922, 12 CFR Part 32, Docket No. OCC2008-0005, RIN 1557-AD08, Interim final rule with request for comment.
[TEXT] [PDF]
(This interim final rule is effective March 20, 2008. Any comments must be received
by April 21, 2008.)
SUMMARY: The Office of the Comptroller of the Currency (OCC) adds a provision to
its Part 32 lending limits regulation that addresses temporary funding arrangements
in emergency situations. This interim final rule enables the OCC to establish a special
lending limit for loans and extensions of credit that the OCC determines are essential
to address an emergency situation (such as critical financial markets stability), that
is of short duration, that is reduced in amount in a timeframe and manner acceptable
to the OCC, and that do not present unacceptable risk to the lending national bank.
In granting approval for a special temporary lending limit, the OCC imposes
supervisory oversight and reporting measures that it determines are appropriate.
AMENDMENTS: 12 CFR Part 32 LENDING LIMITS, Section 32.8 is added to read as
follows:
Sec. 32.8 Temporary funding arrangements in emergency situations.
In addition to the amount that a national bank may lend to one borrower
under Section 32.3 of this part, an eligible bank with the written approval of
the OCC may make loans and extensions of credit to one borrower subject to
a special temporary lending limit established by the OCC, where the OCC
determines that such loans and extensions of credit are essential to address
an emergency situation, such as critical financial markets stability, will be of
short duration, will be reduced in amount in a timeframe and manner
acceptable to the OCC, and do not present unacceptable risk. In granting
approval for such a special temporary lending limit, the OCC will impose
supervisory oversight and reporting measures that it determines are
appropriate to monitor compliance with the standards in this paragraph.
------------------------------FISCAL SERVICE (FISCAL SERVICE)
Sale and issue of marketable book-entry treasury bills, notes, and bonds,
minimum and multiple amounts eligible for STRIPS, Legacy Treasury Direct,
and certification requirements: Sale and Issue of Marketable Book-Entry Treasury
Bills, Notes, and Bonds--Minimum and Multiple Amounts Eligible for STRIPS, Legacy
Treasury Direct, and Certification Requirements, Federal Register, March 20, 2008,
Volume 73, Number 55, Rules and Regulations, Page 14937, 31 CFR Part 356,
Docket No. BPD GSRS 08-01, Final rule.
[TEXT] [PDF]
(This final rule is effective on March 20, 2008. The changes to 31 CFR 356.31 apply
to all Treasury marketable securities eligible for stripping (notes, bonds, plus
Treasury inflation-protected securities (TIPS) issued after January 15, 1985)
outstanding on and after April 7, 2008. The change to 31 CFR Part 356, Appendix B,
Section I, Paragraph C applies to all Treasury notes, bonds, and TIPS issued on or
after the date of the first Treasury marketable securities auction with a $100
minimum purchase amount announced through an offering announcement. The
changes to 31 CFR 356.2, 356.4, 356.16, 356.17 and 356.25 apply to all auctions of
Treasury marketable securities beginning with the first Treasury marketable
securities auction with a $100 minimum purchase amount announced through an
offering announcement.)
SUMMARY: The Department of the Treasury (USDT or Treasury) amends the Uniform
Offering Circular for the Sale and Issue of Marketable Book-Entry Treasury Bills,
Notes, and Bonds. The first change lowers the minimum and multiple par amounts of
Treasury marketable notes, bonds, and Treasury inflation-protected securities (TIPS)
that may be stripped from $1,000 to $100. The second change eliminates the
provisions allowing depository institutions and dealers to submit customer bids in
Treasury marketable securities auctions for securities that will be held in Legacy
Treasury Direct. The third change eliminates the requirement that submitters that
submit bids by computer provide a written certification that they are in compliance
with the auction rules. Finally, this final rule adds technical clarification to the
calculation of accrued interest for Treasury bonds and notes.
-------------------------------
INTERNAL REVENUE SERVICE (IRS)
Abandonment of stock or other securities, correction: Abandonment of Stock
or Other Securities; Correction, Federal Register, March 25, 2008, Volume 73,
Number 58, Rules and Regulations, Page 15668, 26 CFR Part 1, TD 9386, RIN 1545BE80, Final regulations, correction.
[TEXT] [PDF]
(These final regulations, correction, are effective March 25, 2008.)
SUMMARY: This action contains a correction to final regulations (TD 9386) published
in the Federal Register March 12, 2008 (73 FR 13124) concerning the availability and
character of a loss deduction under Section 165 of the Internal Revenue Code for
losses sustained from abandoned stock or other securities. These regulations clarify
the tax treatment of losses from abandoned securities, and affect any taxpayer
claiming a deduction for a loss from abandoned securities.
CORRECTION: 26 CFR Part 1 is corrected as follows:
On page 13124, column 2, in the preamble, under the paragraph heading
“Background”, the language “A statement in the preamble to the proposed
regulations requires clarification. The preamble described section 165(g)(3)
as providing an exception from capital loss treatment for certain worthless
securities in a domestic corporation affiliated with the taxpayer. Section
165(g)(3) provides an exception from capital loss treatment for a taxpayer
that is a domestic corporation that owns certain worthless securities of a
domestic or foreign corporation affiliated with the taxpayer. See Section
1.165-5(d)(1) of the Income Tax Regulations.” is inserted as a second
paragraph.
Application of normalization accounting rules to balances of excess deferred
income taxes, etc.: Application of Normalization Accounting Rules to Balances of
Excess Deferred Income Taxes and Accumulated Deferred Investment Tax Credits of
Public Utilities Whose Assets Cease To Be Public Utility Property, Federal Register,
March 20, 2008, Volume 73, Number 55, Rules and Regulations, Page 14934, 26 CFR
Part 1, TD 9387, RIN 1545-AY75, Final regulations.
[TEXT] [PDF]
(These final regulations are effective March 20, 2008. For dates of applicability, see
Section 1.46-6(k)(4) and Section 1.168(i)-3(d) of these regulations and in the linked
document.)
SUMMARY: This action provides guidance on the normalization requirements
applicable to public utilities that benefit (or have benefited) from accelerated
depreciation methods or from the investment tax credit under pre-1991 law. These
regulations permit a utility whose assets cease, whether by disposition, deregulation,
or otherwise, to be public utility property (deregulated public utility property) to
return to its ratepayers the normalization reserve for excess deferred income taxes
(EDFIT) with respect to those assets and, in certain circumstances, also permit the
return of part or all of the reserve for accumulated deferred investment tax credits
(ADITC) regarding those assets.
Classification of certain foreign entities: Classification of Certain Foreign
Entities, Federal Register, March 21, 2008, Volume 73, Number 56, Rules and
Regulations, Page 15064, 26 CFR Part 301, TD 9388, RIN 1545-BH24, Final and
temporary regulations.
[TEXT] [PDF]
(These final and temporary regulations are effective March 21, 2008. For the dates
of applicability of these regulations, see Section 301.7701-2T(e)(7).)
SUMMARY: The Internal Revenue Service issues temporary and final regulations
relating to certain business entities included on the list of foreign business entities
that are always classified as corporations for federal tax purposes. These regulations
are to make the federal tax classification of Bulgarian public limited liability
companies consistent with the federal tax classification of public limited liability
companies organized in other countries of the European Economic Area. These
regulations affect persons owning an interest in a Bulgarian aktsionerno druzhestvo
on or after January 1, 2007. The text of these temporary regulations serves as the
text of the proposed regulations (REG-143468-07) set forth in the notice of proposed
rulemaking on this subject in the issue of the Federal Register of the same date.
Disclosure of return information in connection with written contracts among
the IRS whistleblowers, etc.: Disclosure of Return Information in Connection with
Written Contracts Among the IRS, Whistleblowers, and Legal Representatives of
Whistleblowers, Federal Register, March 25, 2008, Volume 73, Number 58, Rules and
Regulations, Page 15668, 26 CFR Part 301, TD 9389, RIN 1545-BG74,Temporary
regulations.
[TEXT] [PDF]
(These temporary regulations are effective March 25, 2008. For dates of applicability,
see Section 301.6103(n)-2T(f) in the linked document.)
PURPOSE: The Internal Revenue Service issues temporary regulations regarding the
disclosure of income tax return information for services relating to the detection of
violations of the internal revenue laws or related statutes.
SUMMARY: The Internal Revenue Service issues temporary regulations relating to
the disclosure of return information, under Section 6103(n) of the Internal Revenue
Code (Code), by an officer or employee of the Treasury Department, to a
whistleblower and, if applicable, the legal representative of the whistleblower, to the
extent necessary in connection with a written contract among the IRS, the
whistleblower and, if applicable, the legal representative of the whistleblower, for
services relating to the detection of violations of the internal revenue laws or related
statutes. The temporary regulations affect officers and employees of the Treasury
Department who disclose return information to whistleblowers, or their legal
representatives, in connection with written contracts among the IRS, whistleblowers
and, if applicable, their legal representatives, for services relating to the detection of
violations of the internal revenue laws or related statutes. These temporary
regulations also affect any whistleblower, or legal representative of a whistleblower,
who receives return information in connection with a written contract among the IRS,
the whistleblower and, if applicable, the legal representative of the whistleblower, for
services relating to the detection of violations of the internal revenue laws or related
statutes. 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 in this issue of the Federal Register.
EXPLANATION OF PROVISIONS:
GENERAL RULE: An officer or employee of the Treasury Department may
disclose return information to a whistleblower and, if a whistleblower has one,
the legal representative of the whistleblower, to the extent necessary. The
officer or employee, the whistleblower and the attorney, if there is one, must
sign a contract for services relating to the detection of violations of the
internal revenue laws or related statutes. These temporary regulations do not
provide for the disclosure of returns to whistleblowers or their legal
representatives, just the needed information.
The IRS Commissioner has the discretion to determine whether to enter
into a written contract with the whistleblower. It is intended that the
disclosures will be carefully tailored to the specific facts of the case.
LIMITATIONS: The disclosure of return information may be made only to the
extent the IRS deems it necessary in connection with the reasonable or
proper performance of the contract. In this regard, disclosures should relate
to relevant taxable years and types of tax. If the IRS determines that the
services of a whistleblower can be performed reasonably or properly by
disclosure of only parts of return information, then only the parts of the
return information are to be disclosed.
Upon written request by a whistleblower, or a legal representative of a
whistleblower, with whom the IRS has entered into a contract described
above, the Director of the Whistleblower Office, or designee of the Director,
may inform the whistleblower and, if applicable, the legal representative of
the whistleblower, of the status of the whistleblower's claim for award under
section 7623, including whether the claim is being evaluated for potential
investigative action, or is pending due to an ongoing examination, appeal,
collection action, or litigation. This information may be disclosed only if the
Commissioner determines that the disclosure would not seriously impair
federal tax administration.
Return information disclosed to a whistleblower and, if applicable, a legal
representative of a whistleblower, may not be disclosed or otherwise used by
the whistleblower or a legal representative of a whistleblower, except as
expressly authorized by the IRS.
PENALTIES: The temporary regulations, at Section 301.6103(n)-2T(c), set
forth the civil and criminal penalties to which whistleblowers and their legal
representatives are subject for unauthorized inspection or disclosure of return
information by operation of sections 7431(a)(2), 7213(a)(1), and
7213A(a)(1)(B).
SAFEGUARDS: Whistleblowers and their legal representatives who receive
return information under these regulations must comply with all applicable
conditions and requirements as the IRS may prescribe from time to time
(prescribed requirements) for the purposes of protecting the confidentiality of
the return information and preventing unauthorized disclosures and
inspections of the return information (for example, requirements regarding
computer security, physical security of return information, methods of
destruction of return information).
Any contract as described above must provide that any whistleblower and,
if applicable, the legal representative of a whistleblower, who has access to
return information under these regulations must comply with the prescribed
requirements.
Whistleblowers, and their legal representatives who receive return
information under these regulations, must agree in writing, before any
disclosure of return information is made, to permit an inspection of their
premises by the IRS relative to the maintenance of the return information
disclosed to them under these regulations and, upon completion of services
as described in the written contract with the IRS, to dispose of all return
information by returning the return information, including any and all copies
or notes made, to the IRS, or to the extent that it cannot be returned, by
destroying the information in a manner consistent with security guidelines
and other safeguards for protecting return information in guidance published
by the IRS.
If the IRS determines that any whistleblower, or the legal representative of
a whistleblower, who has access to return information under these
regulations, has not satisfied the prescribed requirements, the IRS, using the
procedures described in the regulations under section 6103(p)(7), may take
any action it deems necessary to ensure that the prescribed requirements are
or will be satisfied.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Employment taxes and collection of income tax at source, CFR correction:
Employment Taxes and Collection of Income Tax at Source, Federal Register, March
24, 2008, Volume 73, Number 57, Rules and Regulations, Page 15410, 26 CFR Part
31, CFR Correction.
[TEXT] [PDF]
CORRECTION: 26 CFR Part 31 is corrected as follows:
In Title 26 of the Code of Federal Regulations, Parts 30 to 39, revised as of
April 1, 2007, in Section 31.3121(s)-1, on page 104, paragraph (b)(2)(iii) is
corrected and, on page 107, paragraph (c)(2)(iii) is revised to read as
follows:
Section 31.3121(s)-1 Concurrent employment by related corporations
with common paymaster.
*****
(b) * * *
(2) * * *
(iii) Examples. The rules of this subparagraph are
illustrated by the following examples:
Example 1. S, T, U, and V are related corporations
with 2,000 employees collectively. Forty of these
employees are concurrently employed by two or more
of the corporations, during a calendar quarter. The
four corporations arrange for S to disburse
remuneration to thirty of these forty employees for
their services. Under these facts, S is the common
paymaster of S, T, U, and V with respect to the thirty
employees. S is not a common paymaster with respect
to the remaining employees.
Example 2. (a) W, X, Y, and Z are related
corporations. The corporations collectively have
20,000 employees. Two hundred of the employees are
top-level executives and managers, sixty of whom are
concurrently employed by two or more of the
corporations during a calendar quarter. Six thousand
of the employees are skilled artisans, all of whom are
concurrently employed by two or more of the
corporations during the calendar year. The four
corporations arrange for Z to disburse remuneration to
the sixty executives who are concurrently employed by
two or more of the corporations. W and X arrange for
X to disburse remuneration to the artisans who are
concurrently employed by W and X.
(b) A is an executive who is concurrently employed
only by W, Y, and Z during the calendar year. Under
these facts, Z is a common paymaster for W, Y, and Z
with respect to A. Assuming that the other
requirements of this section are met, the amount of
the tax liability under sections 3102 and 3111 is
determined as if Z were A's only employer for the
calendar quarter.
(c) B is a skilled artisan who is concurrently
employed only by W and X during the calendar year.
Under these facts, X is a common paymaster for S and
X with respect to B. Assuming that the other
requirements of this section are met, the amount of
the tax liability under sections 3102 and 3111 is
determined as if X were B's only employer for the
calendar quarter.
*****
(c) * * *
(2) * * *
(iii) [Reserved]. For further guidance, see
Section 31.3121(s)-1T(c)(2)(iii).
*****
Income taxes, CFR correction: Income Taxes, Federal Register, March 19, 2008,
Volume 73, Number 54, Rules and Regulations, Page 14687, 26 CFR Part 1, CFR
Correction.
[TEXT] [PDF]
CORRECTION: 26 CFR Part 1 (Section 1.1551 to End), revised as of April 1, 2007, on
page 439, in Section 1.6654-2, in the undesignated paragraph following paragraph
(d)(2)(ii)(B), the following changes are made:
In the first sentence, after the word “attributable”, the words “to months in
such partnership taxable” are inserted; and
At the beginning of the third sentence, the words “In addition, a partner shall
include in his taxing after December” are removed and the words “In addition,
a partner shall include in his taxable income and, for taxable years beginning
after December” are added in their place.
Reduction of foreign tax credit limitation categories under Section 904(d),
correction: Reduction of Foreign Tax Credit Limitation Categories Under Section
904(d); Correction, Federal Register, March 21, 2008, Volume 73, Number 56, Rules
and Regulations, Page 15063, 26 CFR Part 1, TD 9368, RIN 1545-BG55, Final and
temporary regulations, correction.
[TEXT] [PDF]
(These corrections are effective March 21, 2008.)
SUMMARY: This action corrects final and temporary regulations (TD 9368) published
in the Federal Register December 21, 2007 (72 FR 72582) regarding the reduction of
the number of separate foreign tax credit limitation categories under Section 904(d)
of the Internal Revenue Code. These regulations affect taxpayers claiming foreign
tax credits and provide guidance needed to comply with the statutory changes made
by the American Jobs Creation Act of 2004 (AJCA).
CORRECTION: 26 CFR Part 1 is corrected as follows:
On page 72585, column 1, in the preamble, under the paragraph heading “V.
Post-1986 Undistributed Earnings and Post-1986 Foreign Income Taxes of a
Foreign Corporation as of the End of the Corporation's Last Pre-2007 Taxable
Year”, second line of the first paragraph of the column, the language
“described in section
959(c)(1)(A),” is corrected to read “described in section 959(c)(1) and (2),”.
On page 72586, column 3, in the preamble, under the paragraph heading “VI.
Separate Limitation Losses and Overall Foreign Losses”, first line of the
second paragraph of the column, the language “Section 1.904-12T(h)(4)
provides that” is corrected to read “Section 1.904(f)-12T(h)(4) provides that”.
On page 72586, column 3, in the preamble, under the paragraph heading “VI.
Separate Limitation Losses and Overall Foreign Losses”, first line of the third
paragraph of the column, the language “Section 1.904-12T(h)(5) provides
that” is corrected to read “Section 1.904(f)-12T(h)(5) provides that”.
On page 72586, column 3, in the preamble, under the paragraph heading “VI.
Separate Limitation Losses and Overall Foreign Losses”, sixth line of the third
paragraph of the column, the language “rules of Section 1.904-12T(g)(1) and
(2)” is corrected to read “rules of Section 1.904(f)-12T(g)(1) and (2)”.
Reduction of foreign tax credit limitation categories under Section 904(d),
correction: Reduction of Foreign Tax Credit Limitation Categories Under Section
904(d); Correction, Federal Register, March 21, 2008, Volume 73, Number 56, Rules
and Regulations, Page 15063, 26 CFR Part 1, TD 9368, RIN 1545-BG55, Correcting
amendments.
[TEXT] [PDF]
(These correcting amendments are effective March 21, 2008.)
SUMMARY: This action corrects final and temporary regulations (TD 9368) published
in the Federal Register Friday, December 21, 2007 (72 FR 72582) regarding the
reduction of the number of separate foreign tax credit limitation categories under
Section 904(d) of the Internal Revenue Code. These regulations affect taxpayers
claiming foreign tax credits and provide guidance needed to comply with the
statutory changes made by the American Jobs Creation Act of 2004 (AJCA).
CORRECTIONS: 26 CFR Part 1 INCOME TAXES is corrected by:
Paragraph 2. Section 1.904-4 is amended as follows:
In paragraph (h)(4) Example 3, in the first sentence, the language “Example
(3)” is removed and the language “Example 2” is added in its place.
In paragraph (i), in the last sentence, the language “dividends received or
accrued by the taxpayer from each separate noncontrolled section 902
corporation” is removed and the language “income in each separate category”
is added in its place.
Paragraph 3. Section 1.904-7T(g) is amended as follows:
In paragraph (g)(2), in the last sentence, the language “Similar rules shall
apply to characterize any deficits in the pre-2007 pools and previously-taxed
earnings and profits described in section 959(c)(1)(A) that are attributable to
earnings in the pre-2007 pools.” is removed and the language “Similar rules
shall apply to characterize any deficits in the pre-2007 pools and previouslytaxed earnings and profits described in section 959(c)(1) and (2) that are
attributable to earnings in the pre-2007 pools.” is added in its place.
In paragraph (g)(4), in the last sentence, the language “Similar rules shall
apply to characterize any deficits or previously-taxed earnings and profits
described in section 959(c)(1)(A) that are attributable to pre-1987
accumulated profits.” is removed and the language “Similar rules shall apply
to characterize any deficits or previously-taxed earnings and profits described
in section 959(c)(1) and (2) that are attributable to pre-1987 accumulated
profits.” is added in its place.
------------------------------INTERNATIONAL INVESTMENT OFFICE, COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES (CFIUS)
Regulations pertaining to mergers, acquisitions and takeovers: Regulations
Pertaining to Mergers, Acquisitions and Takeovers, Federal Register, March 21, 2008,
Volume 73, Number 56, Rules and Regulations, Page 15078, 31 CFR Part 800, Final
rule.
[TEXT] [PDF]
(This final rule is effective March 21, 2008.)
SUMMARY: This action amends regulations in Part 800 of 31 CFR that implement
Section 721 of the Defense Production Act of 1950. This regulation amends a
provision regarding the circumstances under which the Committee on Foreign
Investment in the United States (CFIUS) completes action following an investigation
of a notified transaction, consistent with the amendments to Section 721 made by
the Foreign Investment and National Security Act of 2007 (FINSA).
AMENDMENTS: 31 CFR Part 800 REGULATIONS PERTAINING TO MERGERS,
ACQUISITIONS AND TAKEOVERS BY FOREIGN PERSONS is amended as follows:
The authority citation for Part 800 is revised to read as follows:
Authority: Section 721 of Pub. L. 100-418, 102 Stat. 1107, made
permanent law by section 8 of Pub. L. 102-99, 105 Stat. 487 (50
U.S.C. App. 2170) and amended by section 837 of the National
Defense Authorization Act for Fiscal Year 1993, Pub. L. 102-484, 106
Stat. 2315, 2463 and Pub. L. 110-49, 121 Stat 246; E.O. 11858, as
amended by E.O. 12661, and further amended by Executive Order
13456.
Section 800.504 is amended by revising paragraph (b) to read as follows:
Section 800.504 Completion or termination of investigation and report
to the President.
*****
(b) In circumstances when the Committee sends a report to the
President requesting the President's decision upon completion or
termination of an investigation, such report shall include information
relevant to subparagraph (d)(4) of section 721, and shall present the
Committee's recommendation. If the Committee is unable to reach a
decision to present a single recommendation to the President, the
Chairman shall submit a report of the Committee to the President
setting forth the differing views and presenting the issues for decision.
---------------------------------------------------------------------------------------------------------------------------------------------EMPLOYMENT, ENVIRONMENT, ENERGY, RESOURCES, TRIBES
(March 21-27)
Energy (DOE) – No newly published regulations this week
Environmental Protection (EPA)
Interior (DOI) – Includes selected notices
Labor (DOL) – No newly published regulations this week
Labor Relations (NLRB) – No newly published regulations this week
Nuclear Regulatory Commission (NRC) – No newly published regulations this week
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Amendments to national emission standards for hazardous air pollutants for
area sources: Amendments to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black
Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane
Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood
Preserving, Federal Register, March 26, 2008, Volume 73, Number 59, Rules and
Regulations, Page 15923, 40 CFR Part 63, EPA-HQ-OAR-2006-0897, FRL-8547-1,
RIN 2060-AN44, Direct final rule.
[TEXT] [PDF]
(This direct final rule is effective June 24, 2008 without further notice, unless the
Environmental Protection Agency (EPA) receives adverse comment by April 25, 2008.
If the EPA receives adverse comment, it will publish a timely withdrawal in the
Federal Register informing the public that this rule, or the relevant amendments in
this rule, will not take effect.)
SUMMARY: The Environmental Protection Agency (EPA) amends the national
emission standards for acrylic and modacrylic fibers production, carbon black
production, chemical manufacturing: chromium compounds, flexible polyurethane
foam production and fabrication, lead acid battery manufacturing, and wood
preserving area sources published on July 16, 2007. These amendments clarify
certain provisions in two of the final area source rules (flexible polyurethane foam
production and fabrication and lead acid battery manufacturing) and correct editorial
and publication errors in all of the final rules.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Approval and promulgation of air quality implementation plans, Louisiana,
approval of 8-hour ozone national ambient air quality standard (NAAQS):
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval
of 8-Hour Ozone Section 110(a)(1) Maintenance Plans for the Parishes of Lafayette
and Lafourche, Federal Register, March 24, 2008, Volume 73, Number 57, Rules and
Regulations, Page 15411, 40 CFR Part 52, EPA-R06-OAR-2006-0871, FRL-8545-2,
Direct final rule.
[TEXT] [PDF]
(This direct final rule is effective May 23, 2008 without further notice, unless the
Environmental Protection Agency (EPA) receives relevant adverse comment by April
23, 2008. If the EPA receives such comment, it will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take effect.)
SUMMARY: The Environmental Protection Agency (EPA) approves revisions to the
Louisiana State Implementation Plan (SIP) for the 8-hour ozone maintenance plans
for the parishes of Lafayette and Lafourche. On October 13, 2006 and December 19,
2006, the state of Louisiana submitted maintenance plans for Lafayette and
Lafourche Parishes, respectively, which ensure continued attainment of the 8-hour
ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. These
maintenance plans meet the statutory and regulatory requirements, and are
consistent with the EPA's guidance.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Approval and promulgation of air quality implementation plans, Ohio:
Approval and Promulgation of Air Quality Implementation Plans; Ohio, Federal
Register, March 21, 2008, Volume 73, Number 56, Rules and Regulations, Page
15081, 40 CFR Part 52, EPA-R05-OAR-2006-0879, FRL-8533-8, Direct final rule.
[TEXT] [PDF]
(This direct final rule is effective May 20, 2008, unless the Environmental Protection
Agency (EPA) receives adverse comments by April 21, 2008. If adverse comments
are received, the EPA will publish a timely withdrawal of this direct final rule in the
Federal Register informing the public that the rule will not take effect.)
SUMMARY: The Environmental Protection Agency (EPA) approves revisions to the
Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). On September
7, 2006, Ohio requested approval of revisions to its open burning standards. In order
to clarify the open burning rules, Ohio added requirements for specific types of
burning that were previously not addressed. The state also added or refined some of
the definitions and slightly changed some of the existing rules. The revisions were
made to increase clarity of Ohio's open burning rules. The EPA finds that these
revisions are consistent with the CAA.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Approval and promulgation of air quality implementation plans, Rhode
Island, diesel anti-idling regulation: Approval and Promulgation of Air Quality
Implementation Plans; Rhode Island; Diesel Anti-Idling Regulation, Federal Register,
March 27, 2008, Volume 73, Number 60, Rules and Regulations, Page 16203, 40 CFR
Part 52, EPA-R01-0AR-2007-1176, A-1-FRL-8546-9, Direct final rule.
[TEXT] [PDF]
(This direct final rule is effective May 27, 2008, unless the Environmental Protection
Agency (EPA) receives adverse comments by April 28, 2008. If adverse comments
are received, the EPA will publish a timely withdrawal of the direct final rule in the
Federal Register informing the public that the rule will not take effect.)
SUMMARY: The Environmental Protection Agency (EPA) approves a State
Implementation Plan (SIP) revision submitted November 29, 2007 by Rhode Island.
This SIP revision includes a regulation that prohibits the unnecessary idling of diesel
engines and vehicles in Rhode Island. This regulation sets limits for the amount of
time and under what conditions diesel engines may idle. The EPA approves the rule
because the standards and requirements set by the rule strengthen the Rhode Island
SIP.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Approval and promulgation of Ohio sulphur dioxide (SO2) air quality
implementation plans and designation of areas: Approval and Promulgation of
Ohio SO2 Air Quality Implementation Plans and Designation of Areas, Federal
Register, March 21, 2008, Volume 73, Number 56, Rules and Regulations, Page
15083, 40 CFR Parts 52 and 81, EPA-R05-OAR-2006-0546, FRL-8534-4, Final rule.
[TEXT] [PDF]
(This final rule is effective April 21, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) approves an assortment of
rules, submitted by Ohio May 16, 2006, as amended December 10, 2007, setting
limits on sulfur dioxide (SO2) emissions. Most significantly, the EPA approves rules
for Franklin, Stark, and Summit Counties and for one source in Sandusky County,
rules that supersede regulations the EPA issued in 1976 as a Federal Implementation
Plan (FIP). This action provides that the entire FIP for SO2 in Ohio is superseded by
approved state limits. So, the EPA rescinds the entire FIP. The EPA also approves
several substantive rule revisions and approves numerous Ohio rules that update
various company names and unit identifications. Finally, since this rulemaking
resolves the issues, which led a court to remand the designation for a part of Summit
County to the EPA for reconsideration, the EPA issues a designation of attainment for
the currently undesignated part of this county.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Completeness findings for Section 110(a) State Implementation Plans
(SIPs), 8-hour ozone national ambient air quality standard (NAAQS):
Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour
Ozone NAAQS, Federal Register, March 27, 2008, Volume 73, Number 60, Rules and
Regulations, Page 16205, 40 CFR PART 52, EPA-HQ-OAR-2007-1173, FRL-8545-6,
RIN 2060-APO3, Final rule.
[TEXT] [PDF]
(This final rule is effective April 28, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) makes a finding regarding
whether or not each state has submitted a complete State Implementation Plan (SIP)
that provides the basic program elements specified in Clean Air Act (Act or CAA)
Section 110(a)(2) necessary to implement the 1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS). By this action, the EPA identifies those states that:
Have failed to make a complete submission for all requirements; have failed to make
a complete submission for specific requirements; or have made a complete
submission. The findings of failure to submit for all or a part of a state's SIP establish
an automatic 24-month deadline for the EPA to issue Federal Implementation Plans
(FIPs) which address the outstanding SIP elements unless, before then, the affected
states submit, and the EPA approves, the required SIPs. The findings that all, or
parts of a state's SIP submission, are complete establish a 12-month deadline for the
EPA to take action upon the complete SIP elements in accordance with Section
110(k).
COMPLETE: The EPA finds the following states to have made complete submissions
by January 7, 2008: Alabama, Colorado, Connecticut, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, New
Hampshire, Ohio, Rhode Island, South Carolina, South Dakota, Utah, Wisconsin, and
Wyoming.
DID NOT SUBMIT: The EPA finds that the following states failed to make a complete
submittal satisfying the requirements of section 110(a)(2) by January 7, 2008. A 24month deadline starts, by which time EPA must issue a FIP for the affected states to
address section 110(a)(2) requirements, if the affected states fail to submit, and
obtain EPA approval of, the SIP revisions necessary to address these requirements.
The states and territories that have failed to submit are as follows: Alaska, American
Samoa, Arizona, the Commonwealth of the Northern Mariana Islands, Guam, Hawaii,
Idaho, Nevada (late submittal being reviewed), North Dakota, Oregon, Texas,
Vermont and Washington.
PARTIAL: The following states are in partial compliance:
State
Florida
Georgia
Lack of compliance or excuse
The state has failed to submit a SIP addressing the
emergency episode plan requirement of section
110(a)(2)(G).
California
Illinois
Minnesota
FIP is in place on parts so no further action is
required
Massachusetts
New Jersey
New York
Pennsylvania (failed to
submit for Allegheny
County only)
Puerto Rico
Virgin Islands
The state has failed to submit a SIP addressing
section 110(a)(2)(C) (the Part C PSD permit
program). However, this requirement has already
been addressed by a FIP that remains in place,
and therefore this action will not trigger any
additional FIP obligation.
Arkansas
Delaware
Maryland
New Mexico
Oklahoma
Tennessee*
Virginia
West Virginia**
As required by section 110(a)(2)(C) and (J), the
state has failed to submit a SIP addressing
changes to the part C PSD permit program
required by the November 29, 2005 (70 FR 71612,
page 71699) final rule that made NOX a precursor
for ozone in the part C regulations at 40 CFR
51.166 and in 40 CFR 52.21.
North Carolina
*Tennessee
The state is going through the rulemaking process
to approve the requirements to meet this element
of section 110(a)(2) and anticipates making the
submittal to address the requirement by May
2008.
** West Virginia
The state has failed to make a submittal regarding
sections 110(a)(2)(B), (E)(i), (G) (regarding
authority comparable to section 303), (H) and (J)
(relating to public notification under section 127)
and (M).
Washington, DC
The District of Columbia has failed to submit a SIP
addressing sections 110(a)(2)(B), (C) (the Part C
PSD permit program), (E)(i), (F) (the public
availability of reports), (H), and (J) (regarding a
part C Prevention of Significant Deterioration
(PSD) permit program and to public notification
under section 127).
The section 110(a)(2)(C) (the Part C PSD permit
program) requirement has already been addressed
by a FIP that remains in place, and therefore this
action will not trigger any additional FIP obligation
regarding this requirement.
While the District of Columbia did not make a
timely submittal addressing the aforementioned, it
made a shortly after that addresses the
requirements related to sections 110(a)(2)(B),
(E)(i), (F) (with respect to the public availability of
reports), (H), and (J) (with respect to public
notification under section 127). The EPA currently
is reviewing the submittal for completeness. The
District of Columbia has not submitted a part C
PSD permit program required under sections
110(a)(2)(C) and (J). But it already is subject to a
FIP for a PSD permit program under 40 CFR
52.499.
Determination of nonattainment and reclassification of the Baton Rouge 8hour ozone nonattainment area, Louisiana: Determination of Nonattainment and
Reclassification of the Baton Rouge 8-Hour Ozone Nonattainment Area; State of
Louisiana, Federal Register, March 21, 2008, Volume 73, Number 56, Rules and
Regulations, Page 15087, 40 CFR Part 81, EPA-R06-OAR-2007-0967, FRL-8544-6,
Final rule.
[TEXT] [PDF]
(This final rule is effective April 21, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) finalizes its finding that the
Baton Rouge “marginal” 8-hour ozone nonattainment area (hereinafter referred to
as the Baton Rouge area) did not attain the 8-hour ozone national ambient air
quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline in
the Clean Air Act (CAA or the Act) and Code of Federal Regulations (CFR) for
“marginal” nonattainment areas. By operation of law, the Baton Rouge area is to be
reclassified from a “marginal” to a “moderate” 8-hour ozone nonattainment area on
the effective date of this rule. The new attainment deadline for the reclassified Baton
Rouge nonattainment area is “as expeditiously as practicable” but no later than June
15, 2010. In addition, the EPA requires Louisiana to submit State Implementation
Plan (SIP) revisions addressing the CAA's pollution control requirements for
“moderate” 8-hour ozone nonattainment areas no later than January 1, 2009.
Determinations of attainment of the eight-hour ozone standard for various
ozone nonattainment areas in upstate New York state: Determinations of
Attainment of the Eight-Hour Ozone Standard for Various Ozone Nonattainment
Areas in Upstate New York State, Federal Register, March 25, 2008, Volume 73,
Number 58, Rules and Regulations, Page 15672, 40 CFR Part 52, EPA-R02-OAR2008-0078, FRL-8546-2, Final rule.
[TEXT] [PDF]
(This final rule is effective March 25, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) determines that three ozone
nonattainment areas in New York, the Albany-Schenectady-Troy, Jefferson County
and Rochester areas, have attained the 8-hour National Ambient Air Quality
Standard (NAAQS) for ozone. This determination is based on certified ambient air
monitoring data that show each area has monitored attainment of the 8-hour ozone
NAAQS based on complete, quality-assured ambient air monitoring data for the three
year period ending in 2006. In addition, data for 2007 show that the areas continue
to attain the standard. This determination suspends any applicable requirements for
these areas to submit an attainment demonstration, a reasonable further progress
plan, contingency measures, and other planning State Implementation Plans (SIPs)
related to attainment of the 8-hour ozone NAAQS. These requirements shall remain
suspended for so long as these areas continue to attain the ozone NAAQS. New York
proposed that Essex County had also attained the 8-hour ozone standard, but
because of incomplete data, a determination of attainment cannot be made at this
time.
Finding of failure to submit State Implementation Plans (SIPs) required for
the 1997 8-hour ozone national ambient air quality standards (NAAQS):
Finding of Failure To Submit State Implementation Plans Required for the 1997 8Hour Ozone NAAQS, Federal Register, March 24, 2008, Volume 73, Number 57,
Rules and Regulations, Page 15416, 40 CFR Part 52, EPA-HQ-OAR-2008-0072, FRL8545-5, Final Rule.
[TEXT] [PDF]
(This final rule is effective March 24, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) finds that several states have
failed to submit State Implementation Plans (SIPs) to satisfy certain requirements of
the Clean Air Act (CAA) for the 1997 8-hour ozone National Ambient Air Quality
Standards (NAAQS). Under the CAA and the EPA's implementing regulations, states
with nonattainment areas classified as moderate, serious, severe or extreme were
required to submit by June 15, 2007, SIPs: Demonstrating how each nonattainment
area would attain the 1997 8-hour ozone standard as expeditiously as practicable but
no later than the applicable dates established in the implementing regulations; and
demonstrating reasonable further progress (RFP). Additionally, states were required
by September 15, 2006, to submit for these same areas SIPs demonstrating that
sources specified under the CAA were subject to reasonably available control
technology requirements (RACT). States that are part of the Ozone Transport Region
(OTR) were required to submit SIPs to meet the 1997 8-hour ozone RACT
requirement for the entire state by September 15, 2006. The RACT requirement
applies to all areas within the Ozone Transport Region, regardless of the area's
designation for the 1997 8-hour ozone standard. Some states have not yet
submitted SIPs to satisfy these requirements. The EPA makes a finding of failure to
submit for those nonattainment areas and OTR areas that have not made the
required SIP submission(s). If the EPA has not affirmatively found that the state has
submitted the required plan or plans within 18 months, the offset sanction applies in
the area. If within 6 additional months the EPA has still not affirmatively determined
that the state has submitted the required plan, the highway funding sanction applies
in an area if it is designated nonattainment. No later than 2 years after the EPA
makes the finding, the EPA must issue a Federal Implementation Plan if the state has
not submitted and the EPA has not approved the required SIP.
National ambient air quality standards for ozone: National Ambient Air Quality
Standards for Ozone, Federal Register, March 27, 2008, Volume 73, Number 60,
Rules and Regulations, Page 16435, Part II, 40 CFR Parts 50 and 58, EPA-HQ-OAR2005-0172, FRL-8544-3, RIN 2060-AN24, Final rule.
[TEXT] [PDF]
(This final rule is effective May 27, 2008.)
SUMMARY: Based on its review of the air quality criteria for ozone (O3) and related
photochemical oxidants and national ambient air quality standards (NAAQS) for O3,
the Environmental Protection Agency (EPA) revises the primary and secondary
NAAQS for O3 to provide protection of public health and welfare, respectively. With
regard to the primary standard for O3, the EPA revises the level of the 8-hour
standard to 0.075 parts per million (ppm), expressed to three decimal places. With
regard to the secondary standard for O3, the EPA revises the current 8-hour
standard by making it identical to the revised primary standard. The EPA also makes
conforming changes to the Air Quality Index (AQI) for O3, setting an AQI value of
100 equal to 0.075 ppm, 8-hour average, and making proportional changes to the
AQI values of 50, 150 and 200.
National volatile organic compound emission standards for aerosol coatings:
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Federal Register, March 24, 2008, Volume 73, Number 57, Rules and Regulations,
Page 15421, 40 CFR Part 59, EPA-HQ-OAR-2006-0971, FRL-8544-2, RIN 2060-AO86,
Direct final rule.
[TEXT] [PDF]
(This direct final rule is effective June 23, 2008, without further notice, unless the
Environmental Protection Agency (EPA) receives adverse comment by April 23, 2008,
or May 8, 2008 if a public hearing is held. If the EPA receives adverse comment, it
will publish a timely withdrawal in the Federal Register informing the public that
some or all of the amendments in the final rule will not take effect. Any written
comments must be received by April 23, 2008, unless a public hearing is requested
by April 3, 2008. If a hearing is requested, written comments must be received by
May 8, 2008. If anyone contacts the EPA requesting to speak at a public hearing
concerning the proposed regulation by April 3, 2008, the EPA will hold a public
hearing April 8, 2008.)
SUMMARY: The Environmental Protection Agency (EPA) amends the National Volatile
Organic Compound Emission Standards for Aerosol Coatings final rule, which
established national reactivity-based emission standards for the aerosol coatings
category (aerosol spray paints) under the Clean Air Act, published elsewhere in the
Federal Register of the same date. This direct final action clarifies and amends
certain explanatory and regulatory text in the Aerosol Coatings final rule, as the final
rule contains misstatements and possibly confusing language on how compounds are
added to the list in Tables 2A, 2B or 2C--Reactivity Factors, and when distributors
and retailers are regulated entities responsible for compliance with the final rule.
AMENDMENTS: 40 CFR Part 59 Subpart E is amended as follows:
Section 59.501 Am I subject to this subpart?
(a) The regulated entities for an aerosol coating product are the
manufacturer or importer of an aerosol coating product and a distributor of an
aerosol coating product if it is named on the label or if it specifies the
formulation of the product. Distributors include retailers who fall within the
definition of “distributor” in Section 59.503.
(b) * * *
(1) If you are a manufacturer or importer, you are a regulated entity
responsible for ensuring that all aerosol coatings manufactured or
imported by you meet the PWR limits presented in Section 59.504, even if
your name is not on the label.
(2) If you are a distributor named on the label, you are a regulated
entity responsible for compliance with all sections of this subpart except
for the limits presented in Section 59.504. If you are a distributor that has
specified formulations to be used by a manufacturer, then you are a
regulated entity responsible for compliance with all sections of this
subpart.
(3) If there is no distributor named on the label, then the
manufacturer or importer is a regulated entity responsible for compliance
with all sections of this subpart.
*****
National volatile organic compound emission standards for aerosol coatings:
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Federal Register, March 24, 2008, Volume 73, Number 57, Rules and Regulations,
Page 15603, Part III, 40 CFR Parts 51 and 59, EPA-HQ-OAR-2006-0971, FRL-8498-6,
RIN 2060-AN69, Final rule.
[TEXT] [PDF]
(This final rule is effective March 24, 2008. The incorporation by reference of certain
publications listed in the rule is approved by the Director of the Federal Register as
of March 24, 2008.)
SUMMARY: This action issues national emission standards for the aerosol coatings
(aerosol spray paints) category under Section 183(e) of the Clean Air Act (CAA). The
standards implement Section 183(e) of the CAA, as amended in 1990, which requires
the Administrator of the Environmental Protection Agency (EPA) to control volatile
organic compounds (VOC) emissions from certain categories of consumer and
commercial products to reduce VOC emissions contributing to ozone formation and
ozone nonattainment. This regulation establishes nationwide reactivity-based
standards for aerosol coatings. States have previously issued rules for the aerosol
coatings category based on reductions of VOC by mass; however, the EPA has
concluded that a national rule based on the relative reactivity approach achieves
more reduction in ozone formation than may be achieved by a mass-based approach.
This rule better controls a product's contribution to ozone formation by encouraging
the use of less reactive VOC ingredients, rather than treating all VOC in a product
alike through the traditional mass-based approach. The EPA revises its regulatory
definition of VOC to include certain compounds that would otherwise be exempt to
account for the reactive compounds in aerosol coatings that contribute to ozone
formation. Therefore, certain compounds that would not be VOC under the otherwise
applicable definition count towards the applicable reactivity limits under this final
regulation. The initial listing of product categories and schedule for regulation was
published March 23, 1995 (60 FR 15264). This action announces the EPA's final
decision to list aerosol coatings for regulation under Group III of the consumer and
commercial product category for which regulations are mandated under Section
183(e) of the CAA.
Participation by Disadvantaged Business Enterprises (DBE) in procurement
under Environmental Protection Agency (EPA) financial assistance
agreements: Participation by Disadvantaged Business Enterprises in Procurement
Under Environmental Protection Agency (EPA) Financial Assistance Agreements,
Federal Register, March 26, 2008, Volume 73, Number 59, Rules and Regulations,
Page 15904, 40 CFR Parts 30, 31, 33, 35, and 40, Docket ID NO. EPA-HQ-OA-20020001, FRL-8545-9, RIN 2090-AA38, Final rule.
[TEXT] [PDF]
(This final rule is effective May 27, 2008.)
SUMMARY: This action harmonizes the Environmental Protection Agency’s (EPA’s)
statutory Disadvantaged Business Enterprise (DBE) procurement objectives with the
United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515
U.S. 200 (1995). In that case, the Supreme Court extended strict judicial scrutiny to
federal programs that use racial or ethnic criteria as a basis for decision making.
Remedying discrimination is recognized as a compelling government interest, and
this rule is issued on the understanding that the statutory provisions authorizing its
adoption were enacted for that remedial purpose. This final rule sets forth a narrowly
tailored EPA program intended to serve the compelling government interest of
remedying past and current racial discrimination through agency-wide DBE
procurement objectives. The EPA intends to evaluate the propriety of the
Disadvantaged Business Enterprise program in 7 years through later rulemaking.
This rule also revises the EPA's Minority Business Enterprise (MBE) and Women's
Business Enterprise (WBE) program and renames it EPA's Disadvantaged Business
Enterprise (DBE) Program. The EPA removes existing MBE/WBE specific provisions in
regulations for grants and agreements with institutions of higher education,
hospitals, and other non-profit organizations; and uniform administrative
requirements for grants and cooperative agreements to state and local governments,
state and local assistance, and research and demonstration grants, and is
consolidating and adding to these provisions in this new regulation. This final rule
affects only procurements under EPA financial assistance agreements, and does not
apply to direct federal procurement actions. This final rule may affect recipients of an
EPA financial assistance agreement or an entity receiving an identified loan under a
financial assistance agreement capitalizing a revolving loan fund.
Pesticide tolerance, myclobutanil: Myclobutanil; Pesticide Tolerance, Federal
Register, March 26, 2008, Volume 73, Number 59, Rules and Regulations, Page
15930, 40 CFR Part 180, EPA-HQ-OPP-2007-0107, FRL-8356-2, Final rule.
[TEXT] [PDF]
(This final rule is effective March 26, 2008. Any objections and requests for hearings
must be received on or before May 27, 2008, and must be filed in accordance with
the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION in the linked document).)
SUMMARY: This action establishes tolerances for combined residues of myclobutanil
and its alcohol metabolite in or on artichoke, globe; black sapote; canistel; cilantro,
leaves; leafy greens, subgroup 4A, except spinach; mamey sapote; mango; okra;
papaya; sapodilla; star apple; and fruiting vegetable group 8, except tomato.
Interregional Research Project Number 4 (IR-4) requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA). The Environmental Protection
Agency (EPA) also deletes several established myclobutanil tolerances that are no
longer needed.
TOLERANCE: A tolerance is the amount of a toxin legally allowed on an agricultural
product.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Pesticide tolerance, pyraclostrobin: Pyraclostrobin; Pesticide Tolerance, Federal
Register, March 24, 2008, Volume 73, Number 57, Rules and Regulations, Page
15425, 40 CFR Part 180, EPA-HQ-OPP-2007-0906, FRL-8355-4, Final rule.
[TEXT] [PDF]
(This final rule is effective March 24, 2008. Any objections and requests for hearings
must be received on or before May 23, 2008, and must be filed in accordance with
the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION in the linked document).)
SUMMARY: This action establishes tolerances for combined residues of pyraclostrobin
and its desmethoxy metabolite in or on avocado; canistel; oat, grain; oat, hay; oat,
straw; sapodilla; sapote, black; sapote, mamey; and star apple. It also increases the
existing tolerances in or on barley, grain from 0.4 parts per million (ppm) to 1.4
ppm; mango and Papaya from 0.1 ppm to 0.6 ppm. Interregional Research Project
Number 4 (IR-4) and BASF Corporation requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA).
TOLERANCE: A tolerance is the amount of a toxin legally allowed on an agricultural
product.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
------------------------------------------INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
MINERALS MANAGEMENT SERVICE (MMS)
Reporting amendments: Reporting Amendments, Federal Register, March 26,
2008, Volume 73, Number 59, Rules and Regulations, Page 15885, 30 CFR Parts
203, 206, 210, 216, 218, and 227, Docket No. MMS-2008-MRM-0021, RIN 1010AD20, Final rule.
[TEXT] [PDF]
(This final rule is effective April 25, 2008.)
SUMMARY: The Minerals Management Service (MMS) amends existing regulations for
reporting production and royalties on oil, gas, coal and other solid minerals, and
geothermal resources produced from federal and Indian leases, to align the
regulations with current MMS business practices. These amendments reflect changes
implemented as a result of major reengineering of the MMS financial systems and
other legal requirements.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
SELECTED NOTICES
LAND MANAGEMENT BUREAU (BLM)
Record of decision for the Ring of Fire Resource Management
Plan/Environmental Impact Statement (RMP/EIS): Notice of Availability of the
Record of Decision for the Ring of Fire Resource Management Plan/Environmental
Impact Statement (RMP/EIS), Federal Register, March 21, 2008, Volume 73, Number
56, Notices, Page 15194, AK-010-08-1610-DQ-086L, Notice of Availability of Record
of Decision (ROD).
[TEXT] [PDF]
SUMMARY: The BLM announces the availability of the Resource Management
Plan/Environmental Impact Statement (RMP/ROD) for the Ring of Fire planning area
in southeast and southcentral Alaska, Kodiak Island, and the Aleutian Islands.
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