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Code · REGISTER · 2006-12-08 · Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71172-71173 E6-20890 · Unknown

Unknown. Final rule

17,797 words·~81 min read·/register/2006/12/08/06-9598

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-12-08.xml --- 71 236 Friday, December 8, 2006 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71172-71173 E6-20890 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service Army Army Department See Engineers Corps RULES Environmental quality:
Installation; off-road vehicles use on army land; removed, 71051-71052 06-9599 Supplies and equipment: Biological Defense Safety Program, Technical Safety Requirements; removed, 71051 06-9598 NOTICES Meetings: U.S. Military Academy, Board of Visitors, 71142 06-9596 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Surveys, determinations, etc.: Manufacturing area; annual, 71131-71132 E6-20870 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 71173-71174 E6-20855 Committees; establishment, renewal, termination, etc.:
HIV and STD Prevention and Treatment Advisory Committee, 71174 E6-20853 Energy Employees Occupational Illness Compensation Program Act of 2000: Special Exposure Cohort; employee class designations— Hanford Nuclear Reservation, Richland, WA, 71174 06-9585 Los Alamos National Laboratory, Los Alamos, NM, 71174-71175 06-9587 Oak Ridge Institute of Nuclear Studies Cancer Research Hospital, Oak Ridge, TN, 71174 06-9586 Oak Ridge Thermal Diffusion Plant (S-50), Oak Ridge, TN, 71175 06-9588 Meetings:
Immunization Practices Advisory Committee, 71175-71176 E6-20859 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare: Physician fee schedule (CY 2007); payment policies and relative value units Correction, 71062-71072 06-9550 Medicare and Medicaid: Hospital participation conditions; patients’ rights, 71378-71428 06-9559 Programs of All-inclusive Care for Elderly; program revisions, 71244-71337 E6-20544 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-20543 71176-71180 E6-20665 E6-20678 E6-20679 Coast Guard Coast Guard NOTICES Environmental statements; availability, etc.:
National security cutters; homeporting; Alameda, CA, 71182-71183 E6-20935 Reports and guidance documents; availability, etc.: Voyage data recorders installation on passenger vessels; information request, 71184-71185 E6-20801 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-20793 71130-71131 E6-20794 E6-20795 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E6-20879 71129-71130 E6-20880 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made-textiles:
Ukraine, 71142 E6-20942 Defense Defense Acquisition Regulations System RULES Acquisition regulations: Combating trafficking in persons, 71072 E6-20891 Defense Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department Education Education Department PROPOSED RULES Postsecondary education: Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant Programs; grant and loan programs amendments, 71117-71119 E6-20931 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-20887 71145-71147 E6-20888 E6-20889 E6-20930 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71190-71191 E6-20912 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
American Wood Dryers Inc., 71191 E6-20839 Bendix Commercial Vehicle Systems (C.V.S.) LLC, 71192 E6-20836 Hipwell Manufacturing Co., 71192 E6-20840 International Truck And Engine, 71192 E6-20835 Liberty Throwing Co., Inc., 71192 E6-20834 Moll Industries, 71193 E6-20838 NewPage - Luke Maryland Coated Paper Mill, 71193-71194 E6-20841 Water Pik, Inc., 71194 E6-20833 West Tennessee Machining, et al., 71194-71196 E6-20832 Xyron Inc., 71196 E6-20837 Federal Unemployment Tax Act; credit reduction avoidance approvals, disapprovals, etc.:
Missouri employers, 71196 E6-20910 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation: Consumer products and commercial and industrial equipment— Technical amendment to energy conservation standards, 71340-71375 E6-20481 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Rancho Cordova, CA; mixed use development, 71142-71143 06-9597 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Cyproconazole, 71052-71058 E6-20897 Solid wastes: State municipal solid waste landfill permit programs— Nebraska; correction, 71241 Z6-19388 Toxic substances: Coke oven light oil (coal); testing requirements; revocation, 71058-71062 E6-20908 NOTICES Environmental statements; availability, etc.: Agency comment availability, 71164 E6-20892 Agency weekly receipts, 71164-71165 E6-20894 Meetings: Scientific Counselors Board, 71165-71166 E6-20893 Superfund; response and remedial actions, proposed settlements, etc.:
Constitution Road Drum Site, GA, 71166 E6-20899 Jehl Cooperage Site, TN, 71166-71167 E6-20900 Pittsburgh Metal and Equipment Site, PA, 71167 E6-20896 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 71101-71106 E6-20851 E6-20852 Boeing, 71099-71101 E6-20863 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 71096-71099 E6-20856 NOTICES Advisory circulars; availability, etc.:
Aircraft Certification Service advisory circulars, policy documents, and technical standard orders, 71236 06-9605 Federal Election Federal Election Commission PROPOSED RULES Compliance procedures: Administrative fines challenges, 71093-71096 E6-20735 Campaign finance violations; self-reporting submissions, 71090-71093 E6-20845 Enforcement matters; policy statement, 71084-71087 E6-20752 Probable cause hearings; pilot program, 71088-71090 E6-20844 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 71153-71155 E6-20827 E6-20828 Environmental statements; notice of intent:
Downeast LNG, Inc., 71156-71157 E6-20816 Quoddy Bay LNG, L.L.C., 71157-71158 E6-20825 Southern Star Central Gas Pipeline, Inc., 71159-71160 E6-20826 Hydroelectric applications, 71160-71164 E6-20807 E6-20822 E6-20823 E6-20824 *Applications, hearings, determinations, etc.:* Caithness Long Island, LLC, 71147 E6-20811 Duke Energy Marshall, LLC, 71148 E6-20820 Duke Energy Murray, LLC, 71148 E6-20819 Duke Energy Sandersville, L.L.C., 71148-71149 E6-20818 Duke Energy Southaven, L.L.C., 71149 E6-20821 Eason, Carl R., 71149-71150 E6-20813 Endeavor Power Partners, LLC, 71150 E6-20810 Great Lakes Energy LLC, 71150-71151 E6-20809 High Desert Power Project, LLC, 71151 E6-20815 House, Wade C., et al., 71151 E6-20812 Mac Trading, Inc., 71151-71152 E6-20808 Questar Pipeline Co., 71152-71153 E6-20817 Texas Eastern Transmission, LP, 71153 E6-20814 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71236-71237 E6-20830 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:
BNSF Railway and Norfolk Southern Railway, 71237-71238 E6-20831 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 71167-71168 E6-20788 Formations, acquisitions, and mergers, 71168 E6-20787 E6-20850 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: St. Marks National Wildlife Refuge, FL; comprehensive conservation plan, 71185 06-9591 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:
Lincomycin and spectinomycin powder, 71038 E6-20929 Oxytetracycline powder, 71038-71039 E6-20928 Food Food and Nutrition Service PROPOSED RULES Food Stamp Program: Disqualified recipient reporting and computer matching requirements, 71075-71084 E6-20765 Forest Forest Service NOTICES Environmental statements; notice of intent: Malheur National Forest, OR, 71120-71122 06-9593 06-9594 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 71186 06-9583 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions:
Various States, 71122-71124 E6-20905 E6-20906 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71168-71169 E6-20915 E6-20916 Reports and guidance documents; availability, etc.: Engagement of Institutions in Human Subjects Research, 71169-71172 E6-20849 Scientific misconduct findings; administrative actions:
McMaster, Nicholas, 71172 E6-20927 Homeland Homeland Security Department See Coast Guard NOTICES Privacy Act; systems of records, 71182 06-9595 Housing Housing and Urban Development Department NOTICES Homeless assistance; excess and surplus Federal properties, 71185 06-9533 Inspector Inspector General Office, Health and Human Services Department NOTICES Privacy Act; systems of records, 71180-71182 E6-20848 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Indian Gaming Commission See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:
Business electronic filing; guidance, 71040-71045 E6-20734 Railroad track maintenance credit Correction, 71039-71040, 71045-71047 E6-20740 E6-20799 PROPOSED RULES Income taxes: Annuity contracts; property exchanges Correction, 71241 Z6-17301 Controlled foreign corporations and other property; exclusion from gross income of previously taxed earnings and profits Correction, 71116-71117 E6-20798 International International Trade Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71132-71134 E6-20881 E6-20883 Export trade certificates of review, 71134-71135 E6-20904 International International Trade Commission PROPOSED RULES Adjudicative procedures; proposed amendments of rules for investigations and proceedings, 71113-71115 E6-20766 Justice Justice Department RULES National Environmental Policy Act; implementation:
Procedures and council on regulations to ensure compliance, 71047-71051 E6-20940 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration NOTICES Reports and guidance documents; availability, etc.: Labor Department Freedom of Information Act improvement plan; comment request and public forum, 71189-71190 E6-20922 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:
Colorado, 71186-71187 E6-20913 Meetings: Pinedale Anticline Working Group, 71187 06-9606 Royalty management: Stripper Well Royalty Reduction Program; royalty rate reductions; benefits termination, 71187 06-9530 Mine Mine Safety and Health Administration RULES Coal mine safety and health: Underground mines— Emergency evacuations; emergency temporary standard, 71430-71455 06-9608 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Supplemental administrative changes, 71072-71073 E6-20783 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71238-71240 E6-20936 National Indian National Indian Gaming Commission PROPOSED RULES Classification standards:
Electronic or electromechanical facsimile; games similar to bingo; and electronic, computer, or other technologic aids to Class II games; definitions, 71115 E6-20843 National National Nanotechnology Coordination Office NOTICES Meetings, 71196-71197 E6-20864 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic herring, 71073-71074 06-9604 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-20802 71135-71136 E6-20882 Endangered and threatened species permit applications, 71136-71142 E6-20950 National Park National Park Service NOTICES Environmental statements; availability, etc.:
Benefits-sharing draft environmental impact statement, 71187-71188 E6-20854 Native American human remains, funerary objects; inventory, repatriation, etc.: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 70982-70983 [ **Editorial Note:** This document was inadvertently dropped from the **Federal Register** Table of Contents, December 7, 2006.] Navy Navy Department NOTICES Environmental statements; notice of intent: Virginia Capes Range Complex, VA and NC, 71143-71145 E6-20846 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:
BWX Technologies, Inc., 71198 E6-20857 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 71197 E6-20858 Presidential Presidential Documents EXECUTIVE ORDERS Metro-North Railroad and certain labor organizations; establishment of emergency board to investigate labor disputes (EO 13417), 71457-71461 06-9632 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 71198-71199 E6-20914 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:
South Delta Improvement Program, CA, 71188-71189 06-9601 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Rural Business Opportunity Program, 71124-71127 E6-20875 Rural Economic Development Loan and Grant Program (FY 2007), 71127-71129 E6-20871 SEC Securities and Exchange Commission RULES Organization, functions, and authority delegations: Chief Administrative Law Judge, 71037 E6-20884 PROPOSED RULES Securities: Municipal securities disclosure; amendments, 71109-71113 E6-20829 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71199-71200 E6-20805 Public Company Accounting Oversight Board:
Budget and annual accounting support fee, 71200-71201 E6-20878 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 71201-71206 E6-20804 Depository Trust Co., 71206-71208 E6-20868 NASDAQ Stock Market LLC, 71208-71213 E6-20806 National Association of Securities Dealers, Inc., 71213-71215 E6-20873 New York Stock Exchange LLC, 71215-71230 E6-20872 E6-20874 E6-20885 E6-20886 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71230-71231 E6-20917 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 71189 06-9592 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Stillwater Central Railroad, 71240 E6-20903 Railroad services abandonment: Union Pacific Railroad Co., 71240 E6-20789 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Air carrier control:
Fitness review policies; certain proposed amendments withdrawn, 71106-71109 06-9603 NOTICES Grants and cooperative agreements; availability, etc.: Congestion Initiative Urban Partnership Agreement, 71231-71236 E6-20924 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 71244-71337 E6-20544 Part III Energy Department, Energy Efficiency and Renewable Energy Office, 71340-71375 E6-20481 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 71378-71428 06-9559 Part V Labor Department, Mine Safety and Health Administration, 71430-71455 06-9608 Part VI Executive Office of the President, Presidential Documents, 71457-71461 06-9632 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. 71 236 Friday, December 8, 2006 Rules and Regulations SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34-54867] Delegation of Authority to Chief Administrative Law Judge AGENCY: Securities and Exchange Commission.
ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (“Commission”) is amending its rules to delegate authority to the Chief Administrative Law Judge to issue orders to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings. The delegation is intended to conserve Commission resources, as well as expedite disposition of administrative proceedings.
EFFECTIVE DATE: January 8, 2007. FOR FURTHER INFORMATION CONTACT: Geoffrey D. Kruczek, Office of Administrative Law Judges,
(202)551-6030, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-2557. SUPPLEMENTARY INFORMATION: The Commission today is amending its rules governing the delegation of authority to the Chief Administrative Law Judge. The Commission's Office of the General Counsel has delegated authority to grant motions of staff counsel to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings. 1 The Commission has determined to extend this delegation to the Chief Administrative Law Judge. 2 The Commission believes that this delegation will conserve Commission and staff resources, as well as expedite the disposition of staff motions prompted by these circumstances. Nevertheless, the staff may submit motions to the Commission for consideration, as it deems appropriate. The amendment also deletes reference to the Public Utility Holding Company Act of 1935, which has been repealed. 1 17 CFR 200.30-14(g)(1)(vi). 2 17 CFR 200.30-10. Administrative Law Matters The Commission finds, in accordance with section 553(b)(A) of the Administrative Procedure Act, 5 U.S.C. 553(b)(A), that this amendment relates solely to agency organization, procedure or practice. Accordingly, notice and opportunity for public comment are unnecessary. Because notice and comment are not required for this final rule, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act. 3 Because the rule relates to “agency organization, procedure or practice that does not substantially affect the rights or obligations of non-agency parties,” it is not subject to the Small Business Regulatory Enforcement Fairness Act. 4 3 *See* 5 U.S.C. 603. 4 *See* 5 U.S.C. 804(3)(C). Section 23(a)(2) of the Securities Exchange Act of 1934 requires the Commission, in adopting rules under such Act, to consider the anticompetitive effects of any rules it adopts. The Commission does not believe this rule will have any impact on competition because it imposes no new burden on respondents in administrative proceedings, and is intended to expedite disposition of those proceedings. The rule does not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995, as amended. 5 The rule will not impose any costs on the public. 5 *See* 44 U.S.C. 3501 *et seq.* Statutory Basis and Text of Amendment This amendment to the Commission's delegations is being adopted pursuant to statutory authority granted to the Commission, including section 3 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7202; section 19 of the Securities Act of 1933, 15 U.S.C. 77s; sections 4A, 19, and 23 of the Securities Exchange Act of 1934, 15 U.S.C. 78d-1, 78s, 78w; section 319 of the Trust Indenture Act of 1939, 15 U.S.C. 77sss; sections 38 and 40 of the Investment Company Act of 1940, 15 U.S.C. 80a-37 and 80a-39; and section 211 of the Investment Advisers Act of 1940, 15 U.S.C. 80b-11. List of Subjects in 17 CFR Part 200 Authority delegations (Government agencies). Text of Adopted Rule For the reasons set out in the preamble, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS 1. The authority citation for part 200, subpart A, continues to read as follows: Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 78d-1, 78d-2, 78w, 78 *ll* (d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted. 2. Section 200.30-10 is amended by: a. Removing “the Public Utility Holding Company Act of 1935, 15 U.S.C. 79a *et seq.* ,” in the introductory text to paragraph (a); b. Removing the period at the end of paragraph (a)(7) and in its place adding a semicolon; and c. Adding paragraph (a)(8). The addition reads as follows: § 200.30-10 Delegation of authority to Chief Administrative Law Judge.
(a)* * *
(8)To grant motions of staff counsel to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings. Dated: December 4, 2006. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E6-20884 Filed 12-7-06; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Lincomycin and Spectinomycin Powder AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Agri Laboratories, Ltd. The ANADA provides for the oral use of lincomycin and spectinomycin soluble powder to create a solution administered in the drinking water of chickens as an aid in the control of airsacculitis. DATES: This rule is effective December 8, 2006. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Agri Laboratories, Ltd., P.O. Box 3103, St. Joseph, MO 64503, filed ANADA 200-407 that provides for use of Lincomycin-Spectinomycin (lincomycin hydrochloride and spectinomycin dihydrochloride pentahydrate) Water Soluble Powder to create a solution administered in the drinking water of chickens as an aid in the control of airsacculitis caused by either *Mycoplasma synoviae* or *M. gallisepticum* susceptible to lincomycin-spectinomycin and complicated chronic respiratory disease (air sac infection) caused by *Escherichia coli* and *M. gallisepticum* susceptible to lincomycin-spectinomycin. Agri Laboratories, Ltd.'s Lincomycin-Spectinomycin Water Soluble Powder is approved as a generic copy of L-S 50 Water Soluble Powder, sponsored by Pharmacia & Upjohn Co., a Division of Pfizer, Inc., under NADA 046-109. The ANADA is approved as of November 9, 2006, and the regulations are amended in 21 CFR 520.1265 to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 520.1265, revise the section heading and paragraph (b)(2) to read as follows: § 520.1265 Lincomycin and spectinomycin powder.
(b)* * *
(2)Nos. 057561, 059130, and 061623 for use of product described in paragraph (a)(2) of this section. Dated: November 28, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-20929 Filed 12-7-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Oxytetracycline Powder AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by IVX Animal Health, Inc. The supplemental ANADA revises labeling of generic oxytetracycline soluble powder with the current scientific names of the causative bacteria of foulbrood of honeybees. DATES: This rule is effective December 8, 2006. FOR FURTHER INFORMATION CONTACT: Joan C. Gotthardt, Center for Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7571, e-mail: *joan.gotthardt@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: IVX Animal Health, Inc., 3915 South 48th Street Ter., St. Joseph, MO 64503, filed a supplement to ANADA 200-247 that provides for the use of Oxytetracycline HCl Soluble Powder-343 in several species. The supplement revises labeling of generic oxytetracycline soluble powder with the current scientific names of the causative bacteria of foulbrood of honeybees. The supplemental ANADA is approved as of November 9, 2006, and the regulations are amended in 21 CFR 520.1660d to reflect the approval and a current format. Approval of this supplemental ANADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 520.1660d, revise paragraph (d)(2)(ii) to read as follows: § 520.1660d Oxytetracycline powder.
(d)* * *
(2)* * *
(ii)*Indications for use* . For control of American foulbrood caused by *Paenibacillus larvae* and European foulbrood caused by *Streptococcus pluton* susceptible to oxytetracycline. Dated: November 22, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-20928 Filed 12-7-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1 and 602 [TD 9286] RIN 1545-BE91 Railroad Track Maintenance Credit; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document corrects temporary regulations (TD 9286) that were published in the **Federal Register** on Friday, September 8, 2006 (71 FR 53009) providing rules for claiming the railroad track maintenance credit under section 45G of the Internal Revenue Code for qualified railroad track maintenance expenditures paid or incurred by a Class II railroad or Class III railroad and other eligible taxpayers during the taxable year. DATES: This correction is effective September 8, 2006. FOR FURTHER INFORMATION CONTACT: Winston H. Douglas,
(202)622-3110 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The temporary regulations (TD 9286) that is the subject of this document is under section 45G of the Internal Revenue Code. Need for Correction As published, the temporary regulations (TD 9286) contain errors that may prove to be misleading and are in need of clarification. List of Subjects 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 602 Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR parts 1 and 602 are corrected by making the following correcting amendments: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.45G-0T is amended by removing the entry for § 1.45G-1T(e) and (e)(2) and redesignating the entries for § 1.45G-1T(e)(1) and § 1.45G-1T(e)(1)(i),
(ii)and
(iii)as the entries for (e), (e)(1), (e)(2) and (e)(3) respectively. **Par. 3.** Section 1.45G-1T is amended by: 1. Removing paragraph (e)(2); 2. Redesignating paragraphs (e)(1)(i), (e)(1)(ii), and (e)(1)(iii) as paragraphs (e)(1), (e)(2), and (e)(3), respectively; 3. Revising paragraph (a), sixth sentence, paragraph (b)(9), paragraph (d)(6) *Example 2.* (ii), last sentence, paragraph headings (e), (e)(1), (e)(2) and (e)(3), paragraph (e)(2), second and fifth sentences, paragraph (e)(3), first sentence, *Example 1* .( *i* ), third sentence, *Example 1* .( *iii* ), second sentence, *Example 2* .( *iii* ), fourth sentence, and paragraph (g)(3). The revisions read as follows: § 1.45G-1T Railroad track maintenance credit (temporary).
(a)* * * Paragraph
(e)of this section contains rules for adjusting basis for the amount of the RTMC claimed by an eligible taxpayer. * * *
(b)* * *
(9)Except as provided in paragraph (e)(2) of this section, *railroad track* is property described in STB property accounts 8 (ties), 9 (rails and other track material), and 11 (ballast) in 49 CFR part 1201, subpart A.
(d)* * *
(6)* * * *Example 2.* * * *
(ii)* * * Because O's tentative amount of RTMC does not exceed O's credit limitation amount for the taxable year ending March 31, 2007, O may claim a RMTC for the taxable year ending March 31, 2007, in the amount of $75,000.
(e)*Adjustments to basis* —* * *
(1)*In general.* * * *
(2)*Basis adjustment made to railroad track.* * * * For purposes of section 45G(e)(3) and this paragraph (e)(2), the adjusted basis of any railroad track with respect to which the eligible taxpayer claims the RTMC is limited to the amount of QRTME, if any, that is required to be capitalized into the qualifying railroad structure or an intangible asset. * * * If all or some of the QRTME paid or incurred by an eligible taxpayer during the taxable year is capitalized under section 263(a) to more than one asset, whether tangible or intangible (for example, railroad track and bridges), the reduction to the basis of these assets under this paragraph (e)(2) is allocated among each of the assets subject to the reduction in proportion to the unadjusted basis of each asset at the time the QRTME is paid or incurred during that taxable year.
(3)*Examples.* The application of this paragraph
(e)is illustrated by the following examples. * * * *Example 1.* * * * ( *i* ) * * * X uses the track maintenance allowance method for track structure expenditures (for further guidance, see Rev. Proc. 2002-65 (2002-2 CB 700) and § 601.601(d)(2)(ii)( *b* ) of this chapter). * * * ( *iii* ) * * * In accordance with paragraph (e)(2) of this section, X reduces the capitalized amount of $250,000 by the RTMC of $500,000 claimed by X for 2006, but not below zero. * * * *Example 2.* * * * ( *iii* ) * * * In accordance with paragraph (e)(2) of this section, Z reduces the capitalized amount of $1 million by the RTMC of $500,000 claimed by Z for 2006. * * *
(g)* * *
(3)*Special rules for 2005 returns.* If a taxpayer's Federal income tax return for a taxable year beginning after December 31, 2004, and ending before September 7, 2006, is filed before October 10, 2006, and the taxpayer is not filing an amended Federal income tax return for that taxable year pursuant to paragraph (g)(2) of this section before the taxpayer's next filed original Federal income tax return, see paragraphs (d)(4)(iv) and (f)(7) of this section for the statements that must be attached to the taxpayer's next filed original Federal income tax return. PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT **Par. 4.** The authority citation for part 602 continues to read as follows: Authority: 26 U.S.C. 7805. **Par. 5.** In § 602.101, paragraph
(b)is amended by revising the following entry in to the table to read as follows: § 602.101 OMB control numbers.
(b)* * * CFR part or section where identified and described Current OMB control No. * * * * * 1.45G-1T 1545-2031 * * * * * LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E6-20799 Filed 12-7-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 301 and 602 [TD 9300] Guidance Necessary to Facilitate Business Electronic Filing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains final regulations designed to eliminate regulatory impediments to the electronic filing of certain income tax returns and other forms. These regulations affect business taxpayers who file income tax returns electronically. This document also makes conforming changes to certain current regulations. DATES: *Effective Date:* These regulations are effective on December 8, 2006. *Applicability Date:* These regulations apply with respect to taxable years beginning after December 31, 2002. The applicability of §§ 1.170A-11T, 1.556-2T, 1.565-1T, 1.936-7T, 1.1017-1T, 1.1368-1T, 1.1377-1T, 1.1502-21T(b)(3)(i) and (b)(3)(ii)(B), 1.1502-75T, 1.1503-2T, 1.6038B-1T(b)(1)(ii) and 301.7701-3T will expire on December 8, 2006. FOR FURTHER INFORMATION CONTACT: Nathan Rosen,
(202)622-4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The collection of information contained in these regulations has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) under control number 1545-1868. The collection of information in these final regulations is in § 1.170A-11(b)(2). The information required in § 1.170A-11(b)(2) concerning the date on which a corporation's board of directors authorizes a certain type of charitable contribution assists the IRS in determining the deductibility of such contributions. Responses to this collection of information are mandatory. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by the Office of Management and Budget. The estimated annual burden per respondent is .25 hours. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be sent to the Internal Revenue Service, Attn: IRS Reports, Clearance Officer, SE:W:CAR:MP:T:T:SP, Washington, DC 20224, and to the Office of Management and Budget, Attn: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503. Books and records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Background This document contains amendments to 26 CFR part 1 and 26 CFR part 301 designed to eliminate regulatory impediments to the electronic submission of tax returns and other forms filed by corporations, partnerships, other business entities, and their owners. In 1998, Congress enacted the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. No. 105-206 (112 Stat. 685) (1998). RRA 1998 states a Congressional policy to promote the paperless filing of Federal tax returns. Section 2001(a) of RRA 1998 set a goal for the IRS to have at least 80 percent of all Federal tax and information returns filed electronically by 2007. Section 2001(b) of RRA 1998 requires the IRS to establish a 10-year strategic plan to eliminate barriers to electronic filing. Finalization of December 2003 Regulations Facilitating Electronic Filing On December 19, 2003, the IRS and Treasury published in the **Federal Register** (TD 9100, 2004-1 C.B. 297 [68 FR 70701]) temporary and final regulations modifying the regulations under sections 170, 556, 565, 936, 1017, 1368, 1377, 1502, 1503, 6038B and 7701 of the Internal Revenue Code. In the same issue of the **Federal Register** , the IRS and Treasury published a notice of proposed rulemaking (REG-116664-01, 2004-1 C.B. 319 [68 FR 70747]) proposing to amend regulations under the code sections noted in the previous sentence. The temporary, final, and proposed regulations published on December 19, 2003, are collectively referred to as the December 2003 Regulations. The December 2003 Regulations generally affect taxpayers who must file any of the following forms: Form 926, “Return by a U.S. Transferor of Property to a Foreign Corporation”; Form 972, “Consent of Shareholder To Include Specific Amount in Gross Income”; Form 973, “Corporation Claim for Deduction for Consent Dividends”; Form 982, “Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment)”; Form 1120, “U.S. Corporation Income Tax Return”; Form 1120S, “U.S. Income Tax Return for an S Corporation”; Form 1122, “Authorization and Consent of Subsidiary Corporation To Be Included in a Consolidated Income Tax Return”; Form 5471, “Information Return of U.S. Persons With Respect To Certain Foreign Corporations”; Form 5712-A, “Election and Verification of the Cost Sharing or Profit Split Method Under Section 936(h)(5)”; and Form 8832, “Entity Classification Election.” Prior to the changes adopted by the December 2003 Regulations, certain regulations under the code sections cited above impeded electronic filing of returns. Some of these regulations, for example, impeded electronic filing by requiring taxpayers to include third-party signatures on their tax returns or by requiring taxpayers to attach documents or statements generated by a third party. Other regulations required a taxpayer to sign an IRS form and file it as an attachment to the taxpayer's income tax return. To address certain situations in which regulations required taxpayers to attach documents or statements to their tax returns, for example, the December 2003 Regulations allowed taxpayers to retain such items in their books and records. Taxpayers would be obligated, of course, to make the items available for inspection by the IRS. The IRS received no comments responding to the December 2003 Regulations, and no public hearing regarding the proposed regulations was requested or held. Accordingly, the temporary and proposed regulations are adopted with no substantive change by this Treasury decision, and the corresponding temporary regulations are removed. These final regulations make certain non-substantive changes to the December 2003 Regulations as described below. Section 556 was repealed by the American Jobs Creation Act, Pub. L. No. 108-357 (118 Stat. 1418), effective for taxable years of foreign corporations beginning after December 31, 2004, and effective for taxable years of United States shareholders with or within which such taxable years of foreign corporations end. The provision in the December 2003 Regulations eliminating an electronic filing impediment under section 556 applied to tax years ending before the repeal of section 556. Therefore, these final regulations amend section 1.556-2 of the Income Tax Regulations despite the repeal of section 556 itself. These final regulations remove certain portions of section 1.1502-21T and place such language in sections 1.1502-21(b)(3)(i) and (b)(3)(ii)(B), so as to eliminate impediments to the electronic filing of Form 1120. Other portions of that temporary regulation, however, predate the December 2003 Regulations or relate to matters other than electronic filing, and this document does not revise those portions. The regulations as finalized by this Treasury decision clarify that references in the following regulations to tax return due dates include extensions of such due dates: See 1.565-1(b)(3), 1.936-7(b), Q. & A. 1, 1.1368-1(f)(5)(iii) and (g)(2)(iii) and 1.1503-2(g)(2)(i) and (iv)(B)(3) *(iii).* January 2006 Final Regulations Facilitating Electronic Filing On January 23, 2006, the IRS and Treasury released TD 9243, (TD 9243, 2006-8 I.R.B. 475 [71 FR 4276]) (the January 2006 Final Regulations) which, among other things, removed an impediment to electronic filing of Form 926. In the December 2003 Regulations, the IRS and Treasury had previously amended both sections 1.6038B-1(b)(1)(i) and 1.6038B-1(b)(1)(ii) of the Income Tax Regulations to eliminate an impediment to electronic filing of Form 926. The January 2006 Final Regulations amended section 1.6038B-1(b)(1)(i) and removed temporary regulations section 1.6038B-1T(b)(1)(i). Therefore, because the amendment in the December 2003 Regulations to 1.6038B-1T(b)(1)(i) has already been adopted in final regulations, these final regulations amend 1.6038B-1(b)(1)(ii) and remove 1.6038B-1T(b)(1)(ii), but do not address section 1.6038B-1(b)(1)(i). May 2006 Regulations Facilitating Electronic Filing On May 26, 2006, the IRS and Treasury Department released TD 9264 (the May 2006 Regulations), which contained numerous temporary regulations amending or replacing final regulations. Some of these final regulations had required taxpayers to provide detailed information about a transaction. In other cases, the scope of various reporting requirements was not clear. The May 2006 Regulations simplified, clarified or, in some cases, eliminated these reporting burdens. The May 2006 Regulations also eliminated regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. In some cases, this impediment was removed by deleting the requirement that the taxpayer sign such statement. In other cases, where the taxpayer and a third party were both required to sign such statement, this impediment was removed by requiring each party to indicate on such statement that it had entered into an agreement with the other party addressing the substantive matters covered by the final regulations. Requiring such a statement from the parties in place of the dual signatures eliminates an e-file impediment, but to protect the Service's interests, the May 2006 regulations require each party to keep either the original or a copy of the underlying agreement in its records. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. It is hereby certified that the collection of information in these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on the fact that the collection of information in these regulations involves an insignificant expenditure of time by taxpayers, as noted above under the heading “Paperwork Reduction Act.” Accordingly, a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Code, the December 2003 Regulations and the December 2003 notice of proposed rulemaking were submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Drafting Information The principal author of these regulations is Nathan Rosen, Office of Associate Chief Counsel (Procedure and Administration), Administrative Provisions and Judicial Practice Division. List of Subjects 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. 26 CFR Part 602 Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR parts 1, 301 and 602 are amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.170A-11 is amended by revising paragraph (b)(2) to read as follows: § 1.170A-11 Limitation on, and carryover of, contributions by corporations.
(b)* * *
(2)The election must be made at the time the return for the taxable year is filed, by reporting the contribution on the return. There shall be attached to the return when filed a written declaration stating that the resolution authorizing the contribution was adopted by the board of directors during the taxable year. For taxable years beginning before January 1, 2003, the declaration shall be verified by a statement signed by an officer authorized to sign the return that it is made under penalties of perjury, and there shall also be attached to the return when filed a copy of the resolution of the board of directors authorizing the contribution. For taxable years beginning after December 31, 2002, the declaration must also include the date of the resolution, the declaration shall be verified by signing the return, and a copy of the resolution of the board of directors authorizing the contribution is a record that the taxpayer must retain and keep available for inspection in the manner required by § 1.6001-1(e). § 1.170A-11T [Removed] **Par. 3.** Section 1.170A-11T is removed. **Par. 4.** Section 1.556-2 is amended by revising paragraphs (e)(2)(vii) and (e)(3) to read as follows: § 1.556-2 Adjustments to taxable income.
(e)* * *
(2)* * *
(vii)In the case of a return for a taxable year beginning before January 1, 2003, a copy of the contract, lease, or rental agreement;
(3)If the statement described in § 1.556-2(e)(2) is attached to a taxpayer's income tax return for a taxable year beginning after December 31, 2002, a copy of the applicable contract, lease or rental agreement is not required to be submitted with the return, but must be retained by the taxpayer and kept available for inspection in the manner required by § 1.6001-1(e). § 1.556-2T [Removed] **Par. 5.** Section 1.556-2T is removed. **Par. 6** Section 1.565-1 is amended by revising paragraph (b)(3) to read as follows: § 1.565-1 General rule.
(b)* * *
(3)A consent may be filed at any time not later than the due date (including extensions) of the corporation's income tax return for the taxable year for which the dividends paid deduction is claimed. With such return, and not later than the due date (including extensions) thereof, the corporation must file Forms 972 for each consenting shareholder, and a return on Form 973 showing by classes the stock outstanding on the first and last days of the taxable year, the dividend rights of such stock, distributions made during the taxable year to shareholders, and giving all the other information required by the form. For taxable years beginning before January 1, 2003, the Form 973 filed with the corporation's income tax return shall contain or be verified by a written declaration that is made under the penalties of perjury and the Forms 972 filed with the return must be duly executed by the consenting shareholders. For taxable years beginning after December 31, 2002, the Form 973 filed with the corporation's income tax return shall be verified by signing the return and the Forms 972 filed with the return must be duly executed by the consenting shareholders or, if unsigned, must contain the same information as the duly executed originals. If the corporation submits unsigned Forms 972 with its return for a taxable year beginning after December 31, 2002, the duly executed originals are records that the corporation must retain and keep available for inspection in the manner required by § 1.6001-1(e). § 1.565-1T [Removed] **Par. 7.** Section 1.565-1T is removed. **Par. 8.** Section 1.936-7 is amended by revising paragraph (b), Q. & A. 1, to read as follows: § 1.936-7 Manner of making election under section 936(h)(5); special election for export sales; revocation of election under section 936(a).
(b)*Manner of making election.* Q. 1: How does a possessions corporation make an election to use the cost sharing method or profit split method? A. 1: A possessions corporation makes an election to use the cost sharing or profit split method by filing Form 5712-A (“Election and Verification of the Cost Sharing or Profit Split Method Under Section 936(h)(5)”) and attaching it to its tax return. Form 5712-A must be filed on or before the due date (including extensions) of the tax return of the possessions corporation for its first taxable year beginning after December 31, 1982. The electing corporation must set forth on the form the name and the taxpayer identification number or address of all members of the affiliated group (including foreign affiliates not required to file a U.S. tax return). All members of the affiliated group must consent to the election. For elections filed with respect to taxable years beginning before January 1, 2003, an authorized officer of the electing corporation must sign the statement of election and must declare that he has received a signed statement of consent from an authorized officer, director, or other appropriate official of each member of the affiliated group. Elections filed for taxable years beginning after December 31, 2002, must incorporate a declaration by the electing corporation that it has received a signed consent from an authorized officer, director, or other appropriate official of each member of the affiliated group and will be verified by signing the return. The election is not valid for a taxable year unless all affiliates consent. A failure to obtain an affiliate's written consent will not invalidate the election out if the possessions corporation made a good faith effort to obtain all the necessary consents or the failure to obtain the missing consent was inadvertent. Subsequently created or acquired affiliates are bound by the election. If an election out is revoked under section 936(h)(5)(F)(iii), a new election out with respect to that product area cannot be made without the consent of the Commissioner. The possessions corporation shall file an amended Form 5712-A with its timely filed (including extensions) income tax return to reflect any changes in the names or number of the members of the affiliated group for any taxable year after the first taxable year to which the election out applies. By consenting to the election out, all affiliates agree to provide information necessary to compute the cost sharing payment under the cost sharing method or combined taxable income under the profit split method, and failure to provide such information shall be treated as a request to revoke the election out under section 936(h)(5)(F)(iii). § 1.936-7T [Removed] **Par. 9.** Section 1.936-7T is removed. **Par. 10.** Section 1.1017-1 is amended by revising paragraph (g)(2)(iii)(B) to read as follows: § 1.1017-1 Basis reductions following a discharge of indebtedness.
(g)* * *
(2)* * *
(iii)* * *
(B)*Taxpayer's requirement.* For taxable years beginning before January 1, 2003, statements described in § 1.1017-1(g)(2)(iii)(A) must be attached to a taxpayer's timely filed (including extensions) Federal income tax return for the taxable year in which the taxpayer has COD income that is excluded from gross income under section 108(a). For taxable years beginning after December 31, 2002, taxpayers must retain the statements and keep them available for inspection in the manner required by § 1.6001-1(e), but are not required to attach the statements to their returns. § 1.1017-1T [Removed] **Par. 11.** Section 1.1017-1T is removed. **Par. 12.** Section 1.1368-1 is amended by revising paragraphs (f)(5)(iii) and (g)(2)(iii) to read as follows: § 1.1368-1 Distributions by S corporations.
(f)* * *
(5)* * *
(iii)*Corporate statement regarding elections.* A corporation makes an election for a taxable year under § 1.1368-1(f) by attaching a statement to a timely filed (including extensions) original or amended return required to be filed under section 6037 for that taxable year. In the statement, the corporation must identify the election it is making under § 1.1368-1(f) and must state that each shareholder consents to the election. In the case of elections for taxable years beginning before January 1, 2003, an officer of the corporation must sign under penalties of perjury the statement on behalf of the corporation. In the case of elections for taxable years beginning after December 31, 2002, the statement described in this paragraph (f)(5)(iii) shall be verified by signing the return. A statement of election to make a deemed dividend under § 1.1368-1(f) must include the amount of the deemed dividend that is distributed to each shareholder.
(g)* * *
(2)* * *
(iii)*Time and manner of making election.* A corporation makes an election under § 1.1368-1(g)(2)(i) for a taxable year by attaching a statement to a timely filed (including extensions) original or amended return required to be filed under section 6037 for a taxable year (without regard to the election under § 1.1368-1(g)(2)(i)). In the statement, the corporation must state that it is electing for the taxable year under § 1.1368-1(g)(2)(i) to treat the taxable year as if it consisted of separate taxable years. The corporation also must set forth facts in the statement relating to the qualifying disposition ( *e.g.* , sale, gift, stock issuance, or redemption), and state that each shareholder who held stock in the corporation during the taxable year (without regard to the election under § 1.1368-1(g)(2)(i)) consents to this election. For purposes of this election, a shareholder of the corporation for the taxable year is a shareholder as described in section 1362(a)(2). A single election statement may be filed for all elections made under § 1.1368-1(g)(2)(i) for the taxable year. An election made under § 1.1368-1(g)(2)(i) is irrevocable. In the case of elections for taxable years beginning before January 1, 2003, the statement through which a corporation makes an election under § 1.1368-1(g)(2)(i) must be signed by an officer of the corporation under penalties of perjury. In the case of elections for taxable years beginning after December 31, 2002, the statement described in the preceding sentence shall be verified by signing the return. § 1.1368-1T [Removed] **Par. 13.** Section 1.1368-1T is removed. **Par. 14.** Section 1.1377-1 is amended by revising paragraph (b)(5)(i)(C) to read as follows: § 1.1377-1 Pro rata share.
(b)* * *
(5)* * *
(i)* * *
(C)The signature on behalf of the S corporation of an authorized officer of the corporation under penalties of perjury, except that for taxable years beginning after December 31, 2002, the election statement described in § 1.1377-1(b)(5)(i) of this section shall be verified, and the requirement of this paragraph (b)(5)(i)(C) is satisfied, by the signature on the Form 1120S filed by the S corporation. § 1.1377-1T [Removed] **Par. 15.** Section 1.1377-1T is removed. **Par. 16.** Section 1.1502-21 is amended by revising paragraphs (b)(3)(i) and (b)(3)(ii)(B) to read as follows: § 1.1502-21 Net operating losses.
(b)* * *
(3)*Special rules* —(i) *Election to relinquish carryback.* A group may make an irrevocable election under section 172(b)(3) to relinquish the entire carryback period with respect to a CNOL for any consolidated return year. Except as provided in § 1.1502-21(b)(3)(ii)(B), the election may not be made separately for any member (whether or not it remains a member), and must be made in a separate statement entitled “THIS IS AN ELECTION UNDER § 1.1502-21(b)(3)(i) TO WAIVE THE ENTIRE CARRYBACK PERIOD PURSUANT TO SECTION 172(b)(3) FOR THE [insert consolidated return year] CNOLs OF THE CONSOLIDATED GROUP OF WHICH [insert name and employer identification number of common parent] IS THE COMMON PARENT.” The statement must be filed with the group's income tax return for the consolidated return year in which the loss arises. If the consolidated return year in which the loss arises begins before January 1, 2003, the statement making the election must be signed by the common parent. If the consolidated return year in which the loss arises begins after December 31, 2002, the election may be made in an unsigned statement.
(ii)* * *
(B)*Acquisition of member from another consolidated group.* If one or more members of a consolidated group becomes a member of another consolidated group, the acquiring group may make an irrevocable election to relinquish, with respect to all consolidated net operating losses attributable to the member, the portion of the carryback period for which the corporation was a member of another group, provided that any other corporation joining the acquiring group that was affiliated with the member immediately before it joined the acquiring group is also included in the waiver. This election is not a yearly election and applies to all losses that would otherwise be subject to a carryback to a former group under section 172. The election must be made in a separate statement entitled “THIS IS AN ELECTION UNDER § 1.1502-21(b)(3)(ii)(B)( *2* ) TO WAIVE THE PRE-[insert first taxable year for which the member (or members) was not a member of another group] CARRYBACK PERIOD FOR THE CNOLs attributable to [insert names and employer identification number of members].” The statement must be filed with the acquiring consolidated group's original income tax return for the year the corporation (or corporations) became a member. If the year in which the corporation (or corporations) became a member begins before January 1, 2003, the statement must be signed by the common parent and each of the members to which it applies. If the year in which the corporation (or corporations) became a member begins after December 31, 2002, the election may be made in an unsigned statement. **Par. 17.** Section 1.1502-21T is amended by revising paragraphs
(a)through (b)(3)(ii)(B) to read as follows: § 1.1502-21T Net operating losses (temporary).
(a)through (b)(3)(ii)(B) [Reserved]. For further guidance, see § 1.1502-21(a) through (b)(3)(ii)(B). **Par. 18.** Section 1.1502-75 is amended by revising paragraph (h)(2) to read as follows: § 1.1502-75 Filing of consolidated returns.
(h)* * *
(2)*Filing of Form 1122 for first year.* If, under the provisions of paragraph (a)(1) of this section, a group wishes to file a consolidated return for a taxable year, then a Form 1122 (“Authorization and Consent of Subsidiary Corporation To Be Included in a Consolidated Income Tax Return”) must be executed by each subsidiary. For taxable years beginning before January 1, 2003, the executed Forms 1122 must be attached to the consolidated return for the taxable year. For taxable years beginning after December 31, 2002, the group must attach either executed Forms 1122 or unsigned copies of the completed Forms 1122 to the consolidated return. If the group submits unsigned Forms 1122 with its return, it must retain the signed originals in its records in the manner required by § 1.6001-1(e). Form 1122 is not required for a taxable year if a consolidated return was filed (or was required to be filed) by the group for the immediately preceding taxable year. § 1.1502-75T [Removed] **Par. 19.** Section 1.1502-75T is removed. **Par. 20.** Section 1.1503-2 is amended by revising paragraphs (g)(2)(i), (g)(2)(iv)(B)( *3* )( *iii* ) and (g)(2)(vi)(B) to read as follows: § 1.1503-2 Dual consolidated loss.
(g)* * *
(2)* * *
(i)*In general.* Paragraph
(b)of this section shall not apply to a dual consolidated loss if the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner elects to be bound by the provisions of this paragraph (g)(2). In order to elect relief under this paragraph (g)(2), the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner must attach to its timely filed (including extensions) U.S. income tax return for the taxable year in which the dual consolidated loss is incurred an agreement described in paragraph (g)(2)(i)(A) of this section. The agreement must be signed under penalties of perjury by the person who signs the return. For taxable years beginning after December 31, 2002, the agreement attached to the income tax return of the consolidated group, unaffiliated dual resident corporation or unaffiliated domestic owner pursuant to the preceding sentence may be an unsigned copy. If an unsigned copy is attached to the return, the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner must retain the original in its records in the manner specified by § 1.6001-1(e). The agreement must include the following items, in paragraphs labeled to correspond with the items set forth in paragraph (g)(2)(i)(A) through
(F)of this section.
(A)A statement that the document submitted is an election and an agreement under the provisions of paragraph (g)(2) of this section.
(B)The name, address, identifying number, and place and date of incorporation of the dual resident corporation, and the country or countries that tax the dual resident corporation on its worldwide income or on a residence basis, or, in the case of a separate unit, identification of the separate unit, including the name under which it conducts business, its principal activity, and the country in which its principal place of business is located.
(C)An agreement by the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner to comply with all of the provisions of § 1.1503-2(g)(2)(iii)-(vii).
(D)A statement of the amount of the dual consolidated loss covered by the agreement.
(E)A certification that no portion of the dual resident corporation's or separate unit's losses, expenses, or deductions taken into account in computing the dual consolidated loss has been, or will be, used to offset the income of any other person under the income tax laws of a foreign country.
(F)A certification that arrangements have been made to ensure that no portion of the dual consolidated loss will be used to offset the income of another person under the laws of a foreign country and that the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner will be informed of any such foreign use of any portion of the dual consolidated loss.
(iv)* * *
(B)* * * ( *3* ) * * * ( *iii* ) The unaffiliated domestic corporation or new consolidated group must file, with its timely filed (including extensions) income tax return for the taxable year in which the event described in paragraph (g)(2)(iv)(B)( *1* ) or ( *2* ) of this section occurs, an agreement described in paragraph (g)(2)(i) of this section (new (g)(2)(i) agreement), whereby it assumes the same obligations with respect to the dual consolidated loss as the corporation or consolidated group that filed the original (g)(2)(i) agreement with respect to that loss. The new (g)(2)(i) agreement must be signed under penalties of perjury by the person who signs the return and must include a reference to this paragraph (g)(2)(iv)(B)( *3* )( *iii* ). For taxable years beginning after December 31, 2002, the agreement attached to the return pursuant to the preceding sentence may be an unsigned copy. If an unsigned copy is attached to the return, the corporation or consolidated group must retain the original in its records in the manner specified by § 1.6001-1(e).
(vi)* * *
(B)*Annual certification.* Except as provided in § 1.1503-2(g)(2)(vi)(C), until and unless Form 1120 or the Schedules thereto contain questions pertaining to dual consolidated losses, the consolidated group, unaffiliated dual resident corporation, or unaffiliated domestic owner must file with its income tax return for each of the 15 taxable years following the taxable year in which the dual consolidated loss is incurred a certification that the losses, expenses, or deductions that make up the dual consolidated loss have not been used to offset the income of another person under the tax laws of a foreign country. For taxable years beginning before January 1, 2003, the annual certification must be signed under penalties of perjury by a person authorized to sign the agreement described in § 1.1503-2(g)(2)(i). For taxable years beginning after December 31, 2002, the certification is verified by signing the return with which the certification is filed. The certification for a taxable year must identify the dual consolidated loss to which it pertains by setting forth the taxpayer's year in which the loss was incurred and the amount of such loss. In addition, the certification must warrant that arrangements have been made to ensure that the loss will not be used to offset the income of another person under the laws of a foreign country and that the taxpayer will be informed of any such foreign use of any portion of the loss. If dual consolidated losses of more than one taxable year are subject to the rules of this paragraph (g)(2)(vi)(B), the certifications for those years may be combined in a single document but each dual consolidated loss must be separately identified. § 1.1503-2T [Removed] **Par 21.** Section 1.1503-2T is removed. **Par. 22.** Section 1.6038B-1 is amended by revising paragraph (b)(1)(ii) to read as follows: § 1.6038B-1 Reporting of certain transfers to foreign corporations.
(b)* * *
(1)* * *
(ii)*Reporting by corporate transferor.* For transfers by corporations in taxable years beginning before January 1, 2003, Form 926 must be signed by an authorized officer of the corporation if the transferor is not a member of an affiliated group under section 1504(a)(1) that files a consolidated Federal income tax return and by an authorized officer of the common parent corporation if the transferor is a member of such an affiliated group. For transfers by corporations in taxable years beginning after December 31, 2002, Form 926 shall be verified by signing the income tax return to which the form is attached. **Par. 23.** Section 1.6038B-1T is amended by revising paragraphs
(a)through (b)(3) to read as follows: § 1.6038B-1T Reporting of certain transactions to foreign corporations (Temporary).
(a)through (b)(3) [Reserved]. For further guidance, see § 1.6038B-1(a) through (b)(3). PART 301—PROCEDURE AND ADMINISTRATION **Par. 24.** The authority citation for part 301 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 25.** Section 301.7701-3 is amended by revising paragraph (c)(1)(ii) to read as follows: § 301.7701-3 Classification of certain business entities.
(c)* * *
(1)* * *
(ii)*Further notification of elections.* An eligible entity required to file a Federal tax or information return for the taxable year for which an election is made under § 301.7701-3(c)(1)(i) must attach a copy of its Form 8832 to its Federal tax or information return for that year. If the entity is not required to file a return for that year, a copy of its Form 8832 (“Entity Classification Election”) must be attached to the Federal income tax or information return of any direct or indirect owner of the entity for the taxable year of the owner that includes the date on which the election was effective. An indirect owner of the entity does not have to attach a copy of the Form 8832 to its return if an entity in which it has an interest is already filing a copy of the Form 8832 with its return. If an entity, or one of its direct or indirect owners, fails to attach a copy of a Form 8832 to its return as directed in this section, an otherwise valid election under § 301.7701-3(c)(1)(i) will not be invalidated, but the non-filing party may be subject to penalties, including any applicable penalties if the Federal tax or information returns are inconsistent with the entity's election under § 301.7701-3(c)(1)(i). In the case of returns for taxable years beginning after December 31, 2002, the copy of Form 8832 attached to a return pursuant to this paragraph (c)(1)(ii) is not required to be a signed copy. § 301.7701-3T [Removed] **Par. 26.** Section 301.7701-3T is removed. PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT **Par. 27.** The authority citation for part 602 continues to read as follows: Authority: 26 U.S.C. 7805. **Par. 28.** In § 602.101, paragraph
(b)is amended by removing the entry for “1.170A-11T” and revising the entry for “1.170A-11” to read as follows: § 602.101 OMB Control numbers.
(b)* * * CFR part or section where identified and described Current OMB control No. * * * * * 1.170A-11 1545-0123 1545-0074 1545-1868 * * * * * Linda Kroening, Deputy Commissioner for Services and Enforcement. Approved: December 1, 2006. Eric Solomon, Acting Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E6-20734 Filed 12-7-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1 and 602 [TD 9286] RIN 1545-BE91 Railroad Track Maintenance Credit; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to temporary regulations. SUMMARY: This document contains corrections to temporary regulations (TD 9286) that were published in the **Federal Register** on Friday, September 8, 2006 (71 FR 53009) providing rules for claiming the railroad track maintenance credit under section 45G of the Internal Revenue Code for qualified railroad track maintenance expenditures paid or incurred by a Class II railroad or Class III railroad and other eligible taxpayers during the taxable year. DATES: This correction is effective September 8, 2006. FOR FURTHER INFORMATION CONTACT: Winston H. Douglas,
(202)622-3110 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The correction notice that is the subject of this document is under section 45G of the Internal Revenue Code. Need for Correction As published, temporary regulations (TD 9286) contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the temporary regulations (TD 9286), which was the subject of FR Doc. E6-14858, is corrected as follows: 1. On page 53010, column 1, in the preamble, under the paragraph heading “ *General Overview* ”, first and second lines from the bottom of the second paragraph, the language “assigned to such person by such a railroad.” is corrected to read “assigned to such person by a Class II railroad or a Class III railroad.”. 2. On page 53010, column 2, in the preamble, under the paragraph heading “ *Scope* ”, first paragraph of the column, last line of the paragraph, the language “of controlled groups under section 45G.” is corrected to read “of controlled groups under section 45G with respect to the RTMC.”. 3. On page 53010, column 2, in the preamble, under the paragraph heading “ *Eligible Taxpayer* ”, fourth line of the first paragraph, the language “defined in the temporary regulations as:” is corrected to read “defined as:”. 4. On page 53010, column 2, in the preamble, under the paragraph heading “ *Eligible Taxpayer* ”, third line from the bottom of the first paragraph, the language “railroad track assigned to the person for” is corrected to read “railroad track assigned to the taxpayer for”. 5. On page 53010, column 2, in the preamble, under the paragraph heading “ *Eligible Taxpayer* ”, second through the sixth line from the bottom of the second paragraph, the language “Price Index)). 49 CFR part 1201, subpart A, § 1-1(a). In general, Class III railroads have annual carrier operating revenues of $20 million or less after applying the railroad revenue deflator formula. 49” is corrected to read “Price Index)). See 49 CFR part 1201, subpart A, § 1-1(a). In general, Class III railroads have annual carrier operating revenues of $20 million or less after applying the railroad revenue deflator formula. See 49”. 6. On page 53010, column 3, in the preamble, under the paragraph heading “ *Eligible Taxpayer* ”, second paragraph of the column, tenth to seventeenth lines, the language “services are the transport of freight by rail, the loading and unloading of freight transported by rail, locomotive leasing or rental, and maintenance of a railroad's right-of-way (including vegetation control). Examples of services that are not railroad-related services are general business services,” is corrected to read “services include the transport of freight by rail, the loading and unloading of freight transported by rail, locomotive leasing or rental, and maintenance of a railroad's right-of-way (including vegetation control). Examples of services that are not railroad-related services include general business services,”. 7. On page 53011, column 1, in the preamble, under the paragraph heading “ *Determination of QRTME Paid or Incurred* ”, second paragraph, third and fourth lines, the language “to a taxpayer using an accrual method of accounting. In this case, paid or” is corrected to read “to taxpayers using an accrual method of accounting. For such taxpayers, paid or”. 8. On page 53011, column 1, in the preamble, under the paragraph heading “ *Determination of QRTME Paid or Incurred* ”, second paragraph, fifteenth to twentieth lines, the language “any such expenditures. The temporary regulations provide that reimbursements may consist of amounts paid either directly or indirectly to the taxpayer. Examples of indirect reimbursements are discounted freight shipping rates,” is corrected to read “any expenditures that would otherwise qualify as QRTME. The temporary regulations provide that reimbursements may consist of amounts paid either directly or indirectly to the taxpayer. Examples of indirect reimbursements include discounted freight shipping rates,”. 9. On page 53011, column 1, in the preamble, under the paragraph heading “ *Determination of QRTME Paid or Incurred* ”, third paragraph, first line, the language “If an eligible taxpayer (assignee) pays” is corrected to read “The IRS and Treasury believe that the statute is intended to allow suppliers and shippers to claim the credit for providing the funding for the QRTME performed on railroad track owned by, or leased to, a Class II railroad or Class III railroad. However, the suppliers and shippers may not have the necessary expertise to perform the repairs and improvements. The IRS and Treasury believe that these eligible taxpayers should be able to claim the credit for providing the funding to the extent that the Class II railroads and Class III railroads use such funding to perform the repairs and improvements to the track. Therefore, if an eligible taxpayer (assignee) pays”. 10. On page 53011, column 1, in the preamble, under the paragraph heading “ *Determination of QRTME Paid or Incurred* ”, third paragraph, fifth line from the bottom of the column, the language “paragraph, this QRTME would be” is corrected to read “paragraph, QRTME would be”. 11. On page 53011, column 2, in the preamble, under the paragraph heading “ *Assignment of Railroad Track Miles* ”, first paragraph, first through fifth lines, the language “For purposes of section 45G, the temporary regulations provide that an assignment of a mile of railroad track is not a legal transfer of title, but merely a designation. This designation must be” is corrected to read “The temporary regulations provide that an assignment of a mile of railroad track is not a legal transfer of title, but merely a designation made solely for purposes of section 45G. This designation must be”. 12. On page 53011, column 2, in the preamble, under the paragraph heading “ *Assignment of Railroad Track Miles* ”, second paragraph, fifth line, the language “track. Thus, if a Class II railroad or Class” is corrected to read “track. If a Class II railroad or Class”. 13. On page 53011, column 2, in the preamble, under the paragraph heading “ *Assignment of Railroad Track Miles* ”, fourth paragraph, second line, the language “that a taxpayer must file Form 8900,” is corrected to read “that a taxpayer file Form 8900,”. 14. On page 53011, column 3, in the preamble, last paragraph of the column, first line, the language “The temporary regulations also” is corrected to read “The temporary regulations”. 15. On page 53012, column 1, in the preamble, first paragraph of the column, first line, the language “assignment is properly reported.” is corrected to read “assignment is reported.”. 16. On page 53012, column 1, in the preamble, under the paragraph heading “ *Special Rules* ”, first paragraph, second through fourth lines from the bottom of the paragraph, the language “structure (railroad track, roadbed, bridges, and related track structures) and intangible assets to which the” is corrected to read “structure and intangible assets to which the”. 17. On page 53012, column 1, in the preamble, under the paragraph heading “ *Special Rules* ”, second paragraph, sixth line, the language “of the RTMC allowable. This reduction” is corrected to read “of the RTMC allowable. The basis reduction”. 18. On page 53012, column 1, in the preamble, under the paragraph heading “ *Special Rules* ”, third paragraph, first line, the language “The temporary regulations also” is corrected to read “The temporary regulations do not”. 19. On page 53012, column 2, in the preamble, under the paragraph heading “ *Special Rules* ”, first paragraph of the column, fourth line to the last of the paragraph, the language “legislative history does not refer to, any exception to this rule. Accordingly, pursuant to section 61 and the regulations under section 61, the owner of the tangible assets (for example, railroad track and roadbed) with respect to which the QRTME is paid or incurred by another person that does not have a depreciable interest in those assets has gross income in the amount of that QRTME. However, the application of section 61 to QRTME paid or incurred with respect to eligible railroad track that is leased by a Class II railroad or Class III railroad raises a question as to under what circumstances the owner or lessee should recognize gross income with respect to QRTME. The IRS and Treasury Department request comments on this issue.” is replaced to read “legislative history does not refer to, any exception to this rule for an owner of tangible assets (for example, railroad track and roadbed) for the value of the repairs or improvements to such assets with respect to which QRTME is paid or incurred by another person that does not have a depreciable interest in such assets.” LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E6-20740 Filed 12-7-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF JUSTICE 28 CFR Part 61 [Docket No. USMS 101] RIN 1105-AB13 Supplement to Justice Department Procedures and Council on Environmental Quality Regulations To Ensure Compliance With the National Environmental Policy Act AGENCY: United States Marshals Service, Justice. ACTION: Final rule. SUMMARY: This rule adds Appendix E to part 61 of the Department of Justice's regulations to ensure better compliance with the National Environmental Policy Act
(NEPA)of 1969. The rule supplements existing Department procedures and regulations of the Council on Environmental Quality and only pertains to internal procedures of the United States Marshals Service (USMS). EFFECTIVE DATE: This rule is effective January 8, 2007. FOR FURTHER INFORMATION CONTACT: Joseph Band, Office of Chief Counsel, United States Marshals Service, Washington, DC 20002; Telephone
(202)307-9722. SUPPLEMENTARY INFORMATION: Background The USMS published a notice of proposed rulemaking on this subject on January 10, 2006 (71 FR 3248). The USMS received no comments before the comment period closed on March 21, 2006. Accordingly, this document finalizes the proposed rule without change. Need for This Rule This rule is needed so that the USMS can comply more fully with NEPA. Under NEPA, Federal agencies are required to implement internal procedures to ensure proper environmental consideration of proposed agency actions. The internal procedures promote the protection of the environment by minimizing the use of natural resources and by improving planning and decision-making processes to avoid excess pollution and environmental degradation. Overview of the Rule's Standards In complying with and implementing NEPA, the USMS shall make efforts to produce clear and concise NEPA documents and increase administrative efficiency. All NEPA documents, specifically Environmental Assessments
(EAs)and Environmental Impact Statements (EISs), shall be analytical, clear, and concise. The documents shall focus on significant issues and shall be presented in plain language and in the standard format outlined in Appendix E. In order to reduce paperwork, EISs shall be limited to approximately 150 pages, or in unusually complex matters, 300 pages. To avoid duplicative work, NEPA documents shall, whenever possible, be prepared jointly with State and local governments and shall adopt, incorporate by reference, or combine, existing USMS and other agencies' analyses, documentation, and/or other environmental reports. The USMS shall make every effort to prevent and reduce delay. The USMS will follow the procedures outlined in the CEQ regulations including,
(1)Integrating the NEPA process in the early stages of planning to ensure that decisions reflect environmental values, and to head off potential conflicts and/or delays,
(2)emphasizing inter-agency cooperation before the environmental analysis and documentation is prepared,
(3)ensuring the swift and fair resolution of any dispute by designating a lead agency for any inter-agency projects,
(4)employing the scoping process to distinguish the significant issues requiring consideration in the NEPA analysis,
(5)setting deadlines for the NEPA process as appropriate for individual proposed actions,
(6)initiating the NEPA analysis as early as possible to coincide with the agency's presentation of a proposal by another party, and
(7)using accelerated procedures as described in the CEQ regulations for legislative proposals. Implementation of Changes Through this rule, the USMS is revising its guidance, establishing policy, and assigning responsibilities for implementing the requirements of Section 102(2) of NEPA (42 U.S.C. 4321, *et seq.* ), Executive Order 11514 of March 5, 1970, titled “Protection and Enhancement of Environmental Quality,” and regulations of the CEQ (40 CFR parts 1500-1508). This rule is intended to
(1)Enhance the USMS' ability to comply with NEPA, related legal authorities, and Executive Orders,
(2)allow non-significant program actions to be exempt from the requirement to prepare an EA or EIS,
(3)focus NEPA analysis upon major Federal actions significantly affecting the quality of the environment,
(4)ensure public involvement in decision-making regarding environmental impact on local communities, and
(5)reflect changes in the current USMS organizational structure. Development of these revised regulations was orchestrated by USMS headquarters and district office personnel who represent the USMS' collective technical and managerial expertise in environmental quality and NEPA compliance. In addition to revising part 61 by adding Appendix E, the USMS will provide guidance materials to district offices. These changes affect USMS internal procedures. The USMS consulted with the CEQ during the development of this rule. Regulatory Certifications Executive Order 12866 This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review” § 1 (b), Principles of Regulation. The Department of Justice has determined that this rule is not a “significant regulatory action” under Executive Order 12866, § 3(f), Regulatory Planning and Review; and, accordingly, this rule has not been reviewed by the Office of Management and Budget. This rule provides environmental benefits by ensuring the USMS compliance with NEPA to improve planning and avoid excess pollution and environmental degradation. Further, this rule affects USMS internal procedures. Whatever costs that may result from this rule should be outweighed by the reduction in delay and excessive paperwork from the improved procedures. Executive Order 13132 This regulation only affects the internal procedures of the USMS and, accordingly, will not have substantial direct effects on the States, relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12988 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Regulatory Flexibility Act The Director of the USMS, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and approved it, certifying that it will not have a significant economic impact on a substantial number of small entities because this regulation only affects the internal procedures of the USMS. Unfunded Mandates Reform Act of 1995 This rule will not result in an expenditure of $100,000,000 or more in any one year by State, local, and tribal governments, in the aggregate, or by the private sector, nor will it significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Environmental Impact This rule supplements CEQ regulations and provides guidance to USMS employees regarding procedural requirements for NEPA analysis and documentation activities. In accordance with NEPA, the rule implements procedures that establish specific criteria, and identification, for three classes of actions: Those that require preparation of an environmental impact statement, those that require preparation of an environmental assessment, and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). However, these procedures only provide internal guidance to assist USMS employees and do not serve to make the final determination of what level of NEPA analysis is required for any particular proposed action. The CEQ does not require agencies to prepare a NEPA analysis or document before establishing such procedures. *See Heartwood, Inc.* v. *U.S. Forest Service* , 73 F. Supp. 2d 962, 972-73 (S.D. Ill. 1999), *aff'd* , 230 F.3d 947, 954-55 (7th Cir. 2000) (holding that establishing categorical exclusions does not require NEPA analysis and documentation). The requirements for establishing agency NEPA procedures are set forth at 40 CFR 1505.1 and 1507.3. The USMS consulted with the CEQ during the development of these categorical exclusions and provided an opportunity for public review. List of Subjects in 28 CFR Part 61 Environmental protection, Environmental impact statements. Accordingly, for the reasons set forth in the preamble, part 61 of chapter I of Title 28 of the Code of Federal Regulations is amended to read as follows: 1. The authority citation for part 61 continues to read as follows: Authority: 28 U.S.C. 509; 5 U.S.C. 301; Executive Order 11911. 2. Appendix E to part 61 is added to read as follows: Appendix E to Part 61—United States Marshals Service Procedures Relating to the Implementation of the National Environmental Policy Act 1. Authority These procedures are issued pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, *et seq.* , regulations of the Council on Environmental Quality (CEQ), 40 CFR part 1500, *et seq.* , regulations of the Department of Justice (DOJ), 28 CFR part 61, *et seq.* , the Environmental Quality Improvement Act of 1970, as amended, 42 U.S.C. 4371, *et seq.* , Section 309 of the Clean Air Act, as amended, 42 U.S.C. 7609, and Executive Order 11514, “Protection and Enhancement of Environmental Quality,” March 5, 1970, as amended by Executive Order 11991, May 24, 1977. 2. Purpose These provisions supplement existing DOJ and CEQ regulations and outline internal USMS procedures to ensure compliance with NEPA. Through these provisions, the USMS shall promote the environment by minimizing the use of natural resources, and by improving planning and decision-making processes to avoid excess pollution and environmental degradation. The USMS' Environmental Assessments
(EAs)and Environmental Impact Statements
(EISs)shall be as concise as possible and EISs should be limited to approximately 150 pages in normal circumstances or 300 pages for proposals of unusual scope or complexity. The USMS shall, whenever possible, jointly prepare documents with State and local governments and, when appropriate, avoid duplicative work by adopting, or incorporating by reference, existing USMS and other agencies' analyses and documentation. In developing an EA or EIS, the USMS shall comply with CEQ regulations, observing that EAs and EISs should
(1)Be analytic, rather than encyclopedic,
(2)be written in plain language,
(3)follow a clear, standard format in accordance with CEQ regulations,
(4)follow a scoping process to distinguish the significant issues from the insignificant issues,
(5)include a brief summary,
(6)emphasize the more useful sections of the document, such as the discussions of alternatives and their environmental consequences, while minimizing the discussion of less useful background information,
(7)scrutinize existing NEPA documentation for relevant analyses of programs, policies, or other proposals that guide future action to eliminate repetition,
(8)where appropriate, incorporate material by reference, with citations and brief descriptions, to avoid excessive length, and
(9)integrate NEPA requirements with other environmental review and consultation requirements mandated by law, Executive Order, Department of Justice policy, or USMS policy. When preparing an EA or EIS, the USMS shall request comments to be as specific as possible. To ensure compliance with NEPA, the USMS shall make efforts to prevent and reduce delay. The USMS will follow the procedures outlined in the CEQ regulations including,
(1)Integrating the NEPA process in the early stages of planning to ensure that decisions reflect environmental values, and to head off potential conflicts and/or delays,
(2)emphasizing inter-agency cooperation before the environmental analysis and documentation is prepared,
(3)ensuring the swift and fair resolution of any dispute over the designation of the lead agency,
(4)employing the scoping process to distinguish the significant issues requiring consideration in the NEPA analysis,
(5)setting deadlines for the NEPA process as appropriate for individual proposed actions,
(6)initiating the NEPA analysis as early as possible to coincide with the agency's consideration of a proposal by another party, and
(7)using accelerated procedures, as described in the CEQ regulations, for legislative proposals. 3. Agency Description The USMS is a Federal law enforcement agency. The agency performs numerous law enforcement activities, including judicial security, warrant investigations, witness protection, custody of individuals arrested by Federal agencies, prisoner transportation, management of seized assets, and other law enforcement missions. 4. Typical Classes of USMS Actions
(a)The general types of proposed actions and projects that the USMS undertakes are as follows:
(1)Operational concepts and programs, including logistics procurement, personnel assignment, real property and facility management, and environmental programs,
(2)Transfers or disposal of equipment or property,
(3)Leases or entitlement for use, including donation or exchange,
(4)Federal contracts, actions, or agreements for detentions services. A detention facility may be a facility
(A)owned and/or operated by a contractor, or
(B)owned and/or operated by a State or local government, and
(5)General law enforcement activities that are exempt from NEPA analysis under CEQ regulation 40 CFR 1508.18 that involve bringing judicial, administrative, civil, or criminal enforcement actions.
(b)Scope of Analysis.
(1)Some USMS projects, contracts, and agreements may propose a USMS action that is one component of a larger project involving a private action or an action by a local or State government. The USMS' NEPA analysis and document ( *e.g.* , the EA or EIS) should address the impact of the specific USMS activity and those portions of the entire project over which the USMS has sufficient control and responsibility to warrant Federal review.
(2)The USMS has control and responsibility for portions of a project beyond the limits of USMS jurisdiction where the environmental consequences of the larger project are essentially products of USMS specific action. This control turns an otherwise non-federal project into a Federal action.
(3)Sufficient control and responsibility for a facility is a site-specific determination based on the extent to which an entire project will be within the agency's jurisdiction and on other factors that determine the extent of Federal control and responsibility. For example, for construction of a facility, other factors would include, but not be limited to, the length of the contract for construction or use of the facility, the extent of government control and funding in the construction or use of the facility, whether the facility is being built solely for Federal requirements, the extent to which the costs of construction or use will be paid with Federal funds, the extent to which the facility will be used for non-Federal purposes, and whether the project should proceed without USMS action.
(4)Some USMS projects, contracts, and agreements may propose a USMS action that is one component of a larger project involving actions by other Federal agencies. Federal control and responsibility determines whether the total Federal involvement of the USMS and other Federal agencies is sufficient to grant legal control over additional portions of the project. NEPA review would be extended to an entire project when the environmental consequences of the additional portions of the project are essentially products of Federal financing, assistance, direction, regulation, or approval. The USMS shall contact the other Federal agencies involved in the action to determine their respective roles ( *i.e.* , whether to be a lead or cooperating agency).
(5)Once the scope of analysis has been defined, the NEPA analysis for an action should include direct, indirect, and cumulative impacts of all Federal proposals within the purview of NEPA. Whenever practicable, the USMS can incorporate by reference, and rely upon, the environmental analyses and reviews of other Federal, tribal, State, and local agencies. 5. Environmental Impact Statement
(a)An EIS is a document required of Federal agencies for proposals significantly affecting the quality of the human environment. EIS describes the positive and negative effects of the proposed action and any reasonable alternatives. A Notice of Intent
(NOI)will be published in the **Federal Register** as soon a practicable after a decision to prepare an EIS is made and before the scoping process is initiated. An EIS shall describe how alternatives considered in it, and the decisions based on it, will or will not achieve the goals of NEPA to prevent damage to the environment and promote human health. Additionally, an EIS shall describe how the USMS will comply with relevant environmental laws and policies. The format and content of an EIS are set out at 40 CFR part 1502. The USMS may prepare an EIS without prior preparation of an EA.
(b)A Record of Decision
(ROD)will be prepared at the time a decision is made regarding a proposal that is analyzed and documented in an EIS. The ROD will state the decision, discuss the alternatives considered, and state whether all alternative practicable means to avoid or minimize environmental harms have been adopted, or if not, why they were not adopted. Where applicable, the ROD will also describe and adopt a monitoring and enforcement program for any mitigation.
(c)Actions that normally require preparing an EIS include:
(1)USMS actions that are likely to have a significant environmental impact on the human environment, or
(2)Construction of a major facility on a previously undisturbed site. 6. Environmental Assessment
(a)An EA is a concise public document that is prepared for actions that do not normally require preparation of an EIS, but do not meet the requirements of a Categorical Exclusion (CE). An EA serves to briefly provide sufficient evidence and analysis for determining whether to prepare an EIS or a Finding of No Significant Impact (FONSI), aid in complying with NEPA when an EIS is not necessary, and facilitate preparation of an EIS when one is required. The EA results in either a determination that a proposed action may have a significant impact on the human environment, and therefore, requires further study in an EIS, or the issuance of a FONSI. The contents of an EA are described at 40 CFR 1508.9.
(b)A FONSI will include the EA or a summary of the EA. The FONSI will be prepared and made available to the public through means described in paragraph 9 of this Appendix, including publication in local newspapers and in the **Federal Register** for matters of national concern. The FONSI will be available for review and comment for 30 days prior to signature and the initiation of the action, unless special circumstances warrant reducing the public comment period to 15 days. Implementing the action can proceed after consideration of public comments and the decision-maker signs the FONSI.
(c)Actions that normally require preparation of an EA include:
(1)Proposals to conduct an expansion of an existing facility,
(2)Awarding a contract or entering into an agreement for new construction at a previously developed site, or an expansion of an existing facility, or
(3)Projects or other proposed actions that are activities described in categorical exclusions, but do not qualify for a categorical exclusion because they involve extraordinary circumstances. 7. Categorical Exclusions
(a)CEs are certain categories of activities determined not to have individual or cumulative significant effects on the human environment, and absent extraordinary circumstances, are excluded from preparation of an EA, or EIS, under NEPA. Using CEs for such activities reduces unnecessary paperwork and delay. Such activities are not excluded from compliance with other applicable local, State, or Federal environmental laws.
(b)Extraordinary circumstances must be considered before relying upon a CE to determine whether the proposed action may have a significant environmental effect. Any of the following circumstances preclude the use of a CE:
(1)The project may have effects on the quality of the environment that are likely to be highly controversial;
(2)The scope or size of the project is greater than normally experienced for a particular action described in subsection
(c)below;
(3)There is potential for degradation, even if slight, of already-existing poor environmental conditions;
(4)A degrading influence, activity, or effect is initiated in an area not already significantly modified from its natural condition;
(5)There is a potential for adverse effects on areas of critical environmental concern or other protected resources including, but not limited to, threatened or endangered species or their habitats, significant archaeological materials, prime or unique agricultural lands, wetlands, coastal zones, sole source aquifers, 100-year-old flood plains, places listed, proposed, or eligible for listing on the National Register of Historic Places, natural landmarks listed, proposed, or eligible for listing on the National Registry of Natural Landmarks, Wilderness Areas or wilderness study areas, or Wild and Scenic River areas; or
(6)Possible significant direct, indirect, or cumulative environmental impacts exist.
(c)Actions that normally qualify for a CE include:
(1)Minor renovations or repairs within an existing facility, unless the project would adversely affect a structure listed in the National Register of Historic Places or is eligible for listing in the register,
(2)Facility expansion, or construction of a limited addition to an existing structure, or facility, and new construction or reconstruction of a small facility on a previously developed site. The exclusion applies only if:
(i)The structure and proposed use comply with local planning and zoning and any applicable State or Federal requirements; and
(ii)The site and the scale of construction are consistent with those of existing adjacent or nearby buildings.
(3)Security upgrades of existing facility grounds and perimeter fences, not including such upgrades as adding lethal fences or major increases in height or lighting of a perimeter fence in a residential area or other area sensitive to the visual impacts resulting from height or lighting changes,
(4)Federal contracts or agreements for detentions services, including actions such as procuring guards for detention services or leasing bed space (which may include operational costs) from an existing facility operated by a State or a local government or a private correctional corporation,
(5)General administrative activities that involve a limited commitment of resources, such as personnel actions or policy related to personnel issues, organizational changes, procurement of office supplies and systems, and commitment or reallocation of funds for previously reviewed and approved programs or activities,
(6)Change in contractor or Federal operators at an existing contractor-operated correctional or detention facility,
(7)Transferring, leasing, maintaining, acquiring, or disposing of interests in land where there is no change in the current scope and intensity of land use, including management and disposal of seized assets pursuant to Federal laws,
(8)Transferring, leasing, maintaining, acquiring, or disposing of equipment, personal property, or vessels that do not increase the current scope and intensity of USMS activities, including management and disposal of seized assets pursuant to Federal forfeiture laws,
(9)Routine procurement of goods and services to support operations and infrastructure that are conducted in accordance with Department of Justice energy efficiency policies and applicable Executive Orders, such as E.O. 13148,
(10)Routine transportation of prisoners or detainees between facilities and flying activities in compliance with Federal Aviation Administration Regulations, only applicable where the activity is in accordance with normal flight patterns and elevations for the facility and where the flight patterns/elevations have been addressed in an installation master plan or other planning document that has been the subject of a NEPA review, and
(11)Lease extensions, renewals, or succeeding leases where there is no change in the intensity of the facility's use. 8. Responsibilities
(a)The Director of the USMS, in conjunction with the Senior Environmental Advisor, possesses authority over the USMS NEPA compliance.
(b)The Senior Environmental Advisor's duties include:
(1)Advising the Director or other USMS decisionmakers on USMS NEPA procedures and compliance,
(2)Supervising the Environmental Coordinator,
(3)Acting as NEPA liaison to CEQ for the Director and other USMS decisionmakers on important decisions outside the authority of the Environmental Coordinator,
(4)Consulting with CEQ regarding alternative NEPA procedures requiring the preparation of an EIS in emergency situations, and
(5)Consulting with CEQ and officials of other Federal agencies to settle agency disputes over the NEPA process, including designating lead and cooperating agencies.
(c)The USMS Environmental Coordinator will act as the agency's NEPA contact, and will be responsible for:
(1)Ensuring that adequate EAs and EISs are prepared at the earliest possible time, ensuring that decisions are made in accordance with the general policies and purposes of NEPA, verifying information provided by applicants, evaluating environmental effects; assuring that, when appropriate, EAs and EISs contain documentation from independent parties with expertise in particular environmental matters, taking responsibility for the scope and content of EAs prepared by applicants, and returning EAs and EISs that are found to be inadequate,
(2)Ensuring that the USMS conducts an independent evaluation, and where appropriate, prepares a FONSI, a NOI, and/or a ROD,
(3)Coordinating the efforts for preparation of an EIS consistent with the requirements of the CEQ regulations at 40 CFR part 1500-1508,
(4)Cooperating and coordinating planning efforts with other Federal agencies, and
(5)Providing for agency training on environmental matters.
(d)The agency shall ensure compliance with NEPA for cases where actions are planned by private applicants or other non-Federal entities before Federal involvement. The USMS, through the Environmental Coordinator shall:
(1)Identify types of actions initiated by private parties, State and local agencies and other non-Federal entities for which agency involvement is reasonably foreseeable,
(2)Provide
(A)full public notice that agency advice on such matters is available,
(B)detailed written publications containing that advice, and
(C)early consultation in cases where agency involvement is reasonably foreseeable, and
(3)Consult early with appropriate Indian tribes, State and local agencies, and interested private persons and organizations on those projects in which the USMS involvement is reasonably foreseeable.
(e)To assist in ensuring that all Federal agencies' decisions are made in accordance with the general policies and purposes of NEPA, the USMS, through the Environmental Coordinator shall:
(1)Comment within the specified time period on other Federal agencies' EISs, where the USMS has jurisdiction by law regarding a project, and make such comments as specific as possible with regard to adequacy of the document, the merits of the alternatives, or both,
(2)Where the USMS is the lead agency on a project, coordinate with other Federal agencies and supervise the development of and retain responsibility for the EIS,
(3)Where the USMS is a cooperating agency on a project, cooperate with any other Federal agency acting as lead agency through information sharing and staff support,
(4)Independently evaluate, provide guidance on, and take responsibility for scope and contents of NEPA analyses performed by contractors or applicants used by USMS. When the USMS is the lead agency, USMS will choose the contractor to prepare an EIS, require the contractor to execute a disclosure statement stating that the contractor has no financial or other interest in the outcome of the project, and participate in the preparation of the EIS by providing guidance and an independent evaluation prior to approval,
(5)Consider alternatives to a proposed action where it involves unresolved conflicts concerning available resources. The USMS shall make available to the public, prior to a final decision, any NEPA documents and additional decision documents, or parts thereof, addressing alternatives,
(6)Conduct appropriate NEPA procedures for the proposed action as early as possible for consideration by the appropriate decision-maker, and ensure that all relevant environmental documents, comments, and responses accompany the proposal through the agency review process for the final decision,
(7)Include, as part of the administrative record, relevant environmental documents, comments, and responses in formal rulemaking or adjudicatory proceedings, and
(8)Where emergency circumstances require taking action that will result in a significant environmental impact, contact CEQ via the USMS Senior Environmental Advisor for consultation on alternative arrangements, which will be limited to those necessary to control the immediate impacts of the emergency. 9. Public Involvement
(a)In accordance with NEPA and CEQ regulations and to ensure public involvement in decision-making regarding environmental impact on local communities, the USMS shall also engage in the following procedures during its NEPA process:
(1)When preparing an EA, EIS, or FONSI, USMS personnel in charge of preparing the document will invite comment from affected Federal, tribal, State, local agencies, and other interested persons, as early as the scoping process;
(2)The USMS will disseminate information to potentially interested or affected parties, such as local communities and Indian tribes, through such means as news releases to various local media, announcements to local citizens groups, public hearings, and posted signs near the affected area;
(3)The USMS will mail notice to those individuals or groups who have requested one on a specific action or similar actions;
(4)For matters of national concern, the USMS will publish notification in the **Federal Register** , and will send notification by mail to national organizations reasonably expected to be interested;
(5)If a decision is made to develop an EIS, the USMS will publish a NOI in the **Federal Register** as soon as possible;
(6)The personnel in charge of preparing the NEPA analysis and documentation will invite public comment and maintain two-way communication channels throughout the NEPA process, provide explanations of where interested parties can obtain information on status reports of the NEPA process and other relevant documents, and keep all public affairs officers informed;
(7)The USMS will establish a Web site to keep the public informed; and
(8)During the NEPA process, responsible personnel will consult with local government and tribal officials, leaders of citizen groups, and members of identifiable population segments within the potentially affected environment, such as farmers and ranchers, homeowners, small business owners, minority and disadvantaged communities, and tribal members. 10. Scoping Prior to starting the NEPA analysis, USMS personnel responsible for preparing either an EA or EIS, shall engage in an early scoping process to identify the significant issues to be examined in depth, and to identify and eliminate from detailed study those issues which are not significant or which have been adequately addressed by prior environmental review. The scoping process should identify any other environmental analyses being conducted relevant to the proposed action, address timing and set time limits with respect to the NEPA process, set page limits, designate respective responsibilities among the lead and cooperating agencies, identify any other environmental review and consultation requirements to allow for integration with the NEPA analysis, and hold an early scoping meeting that may be integrated with other initial planning meetings. 11. Mitigation and Monitoring USMS personnel, who are responsible for preparing NEPA analyses and documents, will consider mitigation measures to avoid or minimize environmental harm. EAs and EISs will consider reasonable mitigation measures relevant to the proposed action and alternatives. Paragraph 5(b) of this Appendix describes the requirements for documenting mitigation measures in a ROD. 12. Supplementing an EA or EIS When substantial changes are made to a proposed action that is relevant to environmental concerns, a supplement will be prepared for an EA or a draft or a final EIS. A supplement will also be prepared when significant new circumstances arise or new relevant information surfaces concerning and bearing upon the proposed action or its impacts. Any necessary supplement shall be processed in the same way as an original EA or EIS, with the exception that new scoping is not required. Any supplement shall be added to the formal administrative record, if such record exists. 13. Compliance With Other Environmental Statutes To the extent practicable, a NEPA document shall include information necessary to assure compliance with all applicable environmental statutes. Dated: November 8, 2006. John F. Clark, Director, United States Marshals Service. [FR Doc. E6-20940 Filed 12-7-06; 8:45 am] BILLING CODE 4410-04-P DEPARTMENT OF DEFENSE Department of the Army 32 CFR Parts 626 and 627 The Biological Defense Safety Program and Technical Safety Requirements AGENCY: Department of the Army, DOD. ACTION: Final rule; removals. SUMMARY: The Department of the Army is removing its regulations concerning the biological Defense Safety Program and its requirements because it is now superseded through consolidation with other Army safety regulations into Army Regulation
(AR)385-10, Army Safety Program and does not affect the general public. EFFECTIVE DATE: December 8, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Proper,
(703)601-2408. SUPPLEMENTARY INFORMATION: The Office of the Director of Army Safety (DACS-SF), is the proponent for the regulation represented by 32 CFR Part 626 and the DA PAM represented by 32 CFR 627. The Office of the Director of Army Safety has consolidated the Army regulation, represented by 32 CFR Part 626 into AR 385-10, Army Safety Program. This regulation was extensively revised during the consolidation process, and the new consolidated regulation does not affect the general public. The Office of the Director of Army Safety has extensively revised the DA PAM, represented by 32 CFR 627 to reflect the consolidation effect and to update it to address new biological safety techniques and requirements and determined that the revised DA PAM does not affect the general public. List of Subjects in 32 CFR Parts 626 and 627 Biologics, Government contracts, Hazardous substances, National defense, Occupational safety and health, Research. PART 626 AND 627—[REMOVED] Accordingly, for reasons stated in the preamble, under the authority of 5 U.S.C. 102, 10 U.S.C. 21, 111, 151-158, 42 U.S.C. 216; sec. 361, 50 U.S.C. 1431, Pub. L. 101-510, 104 Stat. 1516, 58 Stat. 703 and 264; 49 U.S.C. App 1803, 1804, 1807, and 1808, 29 CFR 1910. 1450(e), 32 CFR Part 626, Biological Defense Safety Program and 32 CFR Part 627, The Biological Defense Safety Program, Technical Safety Requirements (DA Pamphlet 385-69), are removed in their entirety. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 06-9598 Filed 12-7-06; 8:45 am]
Connectionstraces to 34
Traces to 34 documents
U.S. Code
36 references not yet in our index
  • 17 CFR 200
  • 15 USC 79a
  • 21 CFR 520
  • 21 CFR 20
  • 5 USC 801-808
  • 21 CFR 520.1660
  • T.D. 9286
  • 26 CFR 1
  • 26 CFR 602
  • 49 CFR 1201
  • Rev. Proc. 2002-65
  • T.D. 9300
  • 26 CFR 301
  • Pub. L. 105-206
  • T.D. 9100
  • Pub. L. 108-357
  • 118 Stat. 1418
  • T.D. 9243
  • T.D. 9264
  • 28 CFR 61
  • 40 CFR 1507.3(b)
  • 73 F. Supp. 2d 962
  • 230 F.3d 947
  • 40 CFR 1505.1
  • EO 11911
  • 40 CFR 1500
  • 40 CFR 1508.18
  • 40 CFR 1502
  • 40 CFR 1508.9
  • 32 CFR 626
  • 32 CFR 627
  • 10 USC 21
  • Pub. L. 101-510
  • 104 Stat. 1516
  • 58 Stat. 703
  • 29 CFR 1910
Citation graph
cites case law
Unknown
Final rule
C.F.R.§ 200.30-14
C.F.R.§ 200.30-10
U.S.C.§ 553
U.S.C.§ 603
U.S.C.§ 804
U.S.C.§ 3501
U.S.C.§ 7202
U.S.C.§ 77s
U.S.C.§ 78d–1
F. Supp.73 F. Supp. 2d 962
F. App'x230 F.3d 947
Cite17 CFR 200
Cites 70 · showing 12Cited by 0 across 0 sources
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