Unknown. Final rule

2,494 words·~11 min read·/register/2006/02/28/06-1864

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-02-28.xml --- 71 39 Tuesday, February 28, 2006 Contents Agricultural Agricultural Marketing Service PROPOSED RULES National Dairy Promotion and Research Program: Regulatory Flexibility Act; Section 610 review, 9978-9979 06-1854 NOTICES Grade standards: Bunched Italian sprouting broccoli, 10001-10002 E6-2769 Processed raisins, 10002-10003 E6-2770 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 10000-10001 E6-2747 E6-2748 06-1818 Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Nursery stock, 9978 E6-2773 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 10036-10037 06-1817 State median income estimates for four-person families (2007 FY), 10037-10039 E6-2754 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Boca Chica, FL, 9928-9930 06-1806 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Alaska; high capacity passenger vessels and marine highway system vessels, 9984-9987 E6-2614 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department RULES Revitalizing base closure communities and community assistance:

Addressing impacts of realignment, 9910-9927 06-1902 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10015-10017 E6-2794 E6-2795 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— College Assistance Migrant Program, 10020-10023 E6-2805 Foreign Language Assistance Program, 10023-10025 E6-2806 E6-2808 High School Equivalency Program, 10017-10020 E6-2804 Indian education programs— Indian Children Demonstration Grants Program, 10398-10402 06-1867 Indian Education Formula Grant Program, 10026 06-1865 Professional Development Program, 10392-10396 06-1866 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Natural gas exportation and importation:

Western Energy, Inc., et al., 10026-10029 E6-2771 Energy Energy Efficiency and Renewable Energy Office NOTICES Federal energy management program: Premium energy efficient electric motors; Federal acquisition standards; correction, 10097 C6-1363 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Arizona, 9941-9947 06-1850 Air quality implementation plans; approval and promulgation; various States:

Georgia, 9930-9934 06-1789 Indiana, 9936-9938 06-1786 Iowa, 9938-9941 06-1788 Wisconsin, 9934-9936 06-1785 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Arizona, 9987-9988 06-1851 Air quality implementation plans; approval and promulgation; various States: Iowa, 9987 06-1787 NOTICES Reports and guidance documents; availability, etc.: Ozone and related photochemical oxidants; air quality criteria, 10030-10031 E6-2799 Well information draft data standard, 10031-10032 E6-2802 Water pollution control:

National Pollutant Discharge Elimination System— Cook Inlet, AK; oil and gas exploration general permit development and production facilities, 10032-10034 E6-2800 Executive Executive Office of the President See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings; Sunshine Act, 10034 06-1925 Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 10034 E6-2768 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 10003 E6-2813 FAA Federal Aviation Administration RULES Aircraft:

Cape Town Treaty; aircraft registration and security documents recordation practices, 9907-9908 06-1809 Airworthiness standards: Special conditions— Cessna Aircraft Co. Model 501 and 551 airplanes, 9903-9905 06-1810 Raytheon Aircraft Co. Model BAE 125 Series 800A airplanes, 9905-9907 06-1808 Class E airspace, 9908-9909 06-1813 PROPOSED RULES Airworthiness directives: Eurocopter France, 9979-9981 E6-2759 Class D airspace, 9981-9982 06-1811 Class D and E airspace, 9982-9983 06-1812 FCC Federal Communications Commission NOTICES Common carrier services:

Wireless telecommunications services— 800 MHz air-ground radiotelephone service licenses auction; additional payment component of default payments, 10034-10035 06-1836 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Connecticut and Pennsylvania, 9948-9950 06-1820 Massachusetts, 9963-9964 06-1822 New Mexico, 9975-9976 06-1823 Various States, 9947-9948, 9950-9975 06-1821 06-1824 06-1825 06-1826 NOTICES Disaster and emergency areas: California, 10046-10047 E6-2756 Nevada, 10047 E6-2757 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 10029-10030 E6-2854 Federal Reserve Federal Reserve System RULES Bank holding companies; change in bank control (Regulation Y):

Capital adequacy guidelines; small bank holding company policy statement; qualification criteria, 9897-9903 06-1837 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 10035-10036 E6-2763 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Death benefits, 9897 06-1864 Fish Fish and Wildlife Service RULES Migratory bird hunting: Alaska; 2006 subsistence harvest regulations, 10404-10410 06-1838 PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— Black Hills mountainsnail, 9988-9999 06-1770 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 10003-10004 E6-2811 Food Food Safety and Inspection Service NOTICES Reports and guidance documents; availability, etc.: Salmonella verification sample reporting; agency policy and use in public health protection; revision, 9772 [ **Editorial Note** : This document was inadvertently placed under the Agriculture Department in the **Federal Register** table of contents of February 27, 2006.] Forest Forest Service NOTICES Natioal Forest System lands:

Secure Rural Schools Program; land sales initiative, 10004-10006 06-1862 GSA General Services Administration NOTICES Environmental statements; availability, etc.: Los Angeles, CA; Federal Bureau of Investigation Field Office Headquarters facility; construction, 10036 06-1863 Health Health and Human Services Department See Children and Families Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Immigration and Customs Enforcement Bureau See U.S.

Citizenship and Immigration Services Immigration Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 10044-10046 E6-2743 E6-2744 E6-2745 E6-2746 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 10054-10055 E6-2749 Environmental statements; availability, etc.: Scotts Valley Band of Pomo Indians, Contra Costa County, CA; fee-to-trust transfer and casino project, 10055-10056 E6-2755 Liquor and tobacco sale or distribution ordinance:

Omaha Tribe, NE, 10056-10061 E6-2764 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Carbon and alloy steel wire rod from— Mexico, 10007-10008 E6-2782 Folding metal tables and chairs from— China, 10008 E6-2786 Heavy forged hand tools, finished or unfinished, with or without handles, from— China, 10009-10010 E6-2793 Tapered roller bearings and parts, finished and unfinished, from— China, 10010 E6-2784 Wooden bedroom furniture from— China, 10010-10011 E6-2791 Antidumping and countervailing duties:

Corrosion-resistant carbon steel flat products from— Various countries, 10006-10007 E6-2788 Countervailing duties: Corrosion-resistance carbon steel flat products from— France, 10011 E6-2789 Cut-to-length carbon steel plate from— Mexico, 10011-10012 E6-2790 International International Trade Commission NOTICES Import investigations: Low enriched uranium from— Various countries, 10062-10065 E6-2781 Tissue converting machinery, including rewinders, tail sealers, trim removers, and components, 10065-10066 E6-2796 E6-2797 U.S.-Korea Free Trade Agreement; duty-free treatment for imports; probable economic effect, 10066-10067 E6-2750 Labor Labor Department See Occupational Safety and Health Administration NOTICES Organization, functions, and authority delegations:

Inspector General Office, 10388-10389 06-1834 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Utah, 10061 E6-2753 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 10067 E6-2762 National Institute National Institute of Standards and Technology NOTICES Meetings: Residential fire suppression research needs; workshop, 10012 E6-2776 Reports and guidance documents; availability, etc.: NIST Nucleic Acid Sequence Library; intent to establish, 10012-10013 E6-2775 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 10039 06-1844 Meetings:

National Eye Institute, 10039-10040 06-1842 National Human Genome Research Institute, 10040 06-1847 National Institute of Child Health and Human Development, 10040-10041 06-1841 06-1843 National Institute of Diabetes and Digestive and Kidney Diseases, 10040 06-1839 National Institute of Mental Health, 10041 06-1846 Scientific Review Center, 10041-10043 06-1845 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Shallow water species; closure to vessels using trawl gear in Gulf of Alaska, 9977 06-1858 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 9976-9977 06-1859 NOTICES Meetings:

Commercial Remote Sensing Advisory Committee, 10013-10014 E6-2760 Gulf of Mexico Fishery Management Council, 10014 E6-2778 Mid-Atlantic Fishery Management Council, 10014-10015 E6-2779 National Sea Grant Review Panel, 10015 06-1855 Pacific Fishery Management Council, 10015 E6-2777 National Park National Park Service NOTICES Environmental statements; record of decision: Big Thicket National Preserve, TX; oil and gas management plan, 10061-10062 06-1899 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 10067 06-1909 Navy Navy Department RULES Navigation, COLREGS compliance exemptions: Causeway ferry power modules and warping tugs, 9927-9928 06-1807 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Defense Logistics Agency, Defense National Stockpile Center, 10069 E6-2783 E. R. Squibb and Sons, Inc., 10069-10070 E6-2785 Meetings; Sunshine Act, 10070-10071 06-1908 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 10071-10084 06-1737 *Applications, hearings, determinations, etc.:* Nuclear Management Co., LLC, 10067-10068 E6-2787 Private Fuel Storage, LLC, 10068-10069 E6-2792 Occupational Occupational Safety and Health Administration RULES Construction and occupational safety and health standards:

Roll-over protective structures, 9909 06-1835 Safety and health standards, etc.: Hexavalent chromium; occupational exposure, 10100-10385 06-1589 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Rate Commission NOTICES Meetings: International mail and cost and revenue analysis (2005 FY), 10084-10085 06-1857 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 10006 06-1819 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 10085 06-1906 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 10085-10086 E6-2752 Chicago Board Options Exchange, Inc., 10086-10088 E6-2767 International Stock Exchange, Inc., 10088-10090 E6-2751 National Association of Security Dealers, Inc., 10090-10093 E6-2766 State State Department NOTICES Foreign Operations, Export Financing, and Related Programs Appropriations Act: Section 583 certification, 10093 E6-2780 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Drug Testing Advisory Board, 10043-10044 E6-2761 Trade Trade Representative, Office of United States NOTICES European Community: U.S. goods procurement by European telecommunications utilities; sanctions terminations, 10093 E6-2810 Tariff-rate quota amount determinations: Raw cane sugar and refined sugar; 2006 FY country-by-country allocations, 10093-10094 E6-2737 Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10094-10095 E6-2765 MISSING FOR:

U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Hearings, 10095 E6-2758 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 10047-10054 06-1799 06-1800 06-1801 06-1802 06-1803 06-1832 Veterans Veterans Affairs Department NOTICES Meetings: Homeless Veterans Advisory Committee, 10095-10096 06-1868 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 10100-10385 06-1589 Part III Labor Department, 10388-10389 06-1834 Part IV Education Department, 10392-10396 06-1866 Part V Education Department, 10398-10402 06-1867 Part VI Interior Department, Fish and Wildlife Service, 10404-10410 06-1838 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 39 Tuesday, February 28, 2006 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1651 Death Benefits AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Executive Director of the Federal Retirement Thrift Investment Board (Agency) is adopting as final, without change, the Agency's proposed rule to permit the Agency to rely on a participant's marital status as stated on a Federal income tax form when determining whether a deceased participant had a common law marriage.

DATES: This final rule is effective February 28, 2006. FOR FURTHER INFORMATION CONTACT: John A. Hahn on

(202)942-1630. SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. On January 12, 2006, the Agency published a proposed rule with request for comments in the **Federal Register** (71 FR 1984). The Agency received no comments on the proposed rule. Therefore, the Executive Director is publishing the proposed rule as final without change. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act of 1980. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 801(a)(1)(A), the Board submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1651 Employee benefit plans, Government employees, Pensions, Retirement. Gary A. Amelio, Executive Director, Federal Retirement Thrift Investment Board. Accordingly, for the reasons set forth in the preamble, section 1651.5 of chapter VI of title 5 of the Code of Federal Regulations is amended as follows: PART 1651—DEATH BENEFITS 1. The authority citation for part 1651 continues to read as follows: Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5), and 8474(c)(1). 2. Revise § 1651.5 to read as follows: § 1651.5 Spouse of participant.

(a)For purposes of payment under § 1651.2(a)(2), the spouse of the participant is the person to whom the participant was married on the date of death. A person is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. State law of the participant's domicile will be used to determine whether the participant was married at the time of death.

(b)If a person claims to have a marriage at common law with a deceased participant, the TSP will pay benefits to the putative spouse under § 1651.2(a)(2) in accordance with the marital status shown on the most recent Federal income tax return filed by the participant. Alternatively, the putative spouse may submit a court order or administrative adjudication determining that the common law marriage is valid. [FR Doc. 06-1864 Filed 2-27-06; 8:45 am]

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