Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-09.xml --- 72 27 Friday, February 9, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 6244-6245 07-571 Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Northeast et al., 6179-6184 07-570 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6194-6195 E7-2147 E7-2148 E7-2193 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Outer Coastal Plain, NJ, 6165-6168 07-575 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Symbiont Enterprises, Inc., 6223 07-586 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 6245-6247 E7-2176 E7-2177 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 6247-6248 07-577 Coast Guard Coast Guard RULES Pollution:

Vessels carrying oil; response plans; salvage and firefighting equipment; partial suspension, 6168-6170 07-572 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; systems of records, 6200 E7-2173 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 6198-6199 E7-2187 E7-2188 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6224-6225 E7-2138 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Indian children demonstration grants, 6225-6229 E7-1983 Safe and drug-free schools— Alcohol Abuse Reduction Program, 6229-6233 E7-1982 Meetings: Safe and Drug-Free Schools and Communities Advisory Committee, 6233 07-579 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Fibrex, LLC, 6292 E7-2163 Hoover Precision Products, Inc., 6292-6293 E7-2165 International Textile Group, Inc., 6293-6294 E7-2164 KHS USA, Inc., 6294 E7-2161 Parkdale America, LLC, 6294 E7-2166 Peterbilt Motors Co., et al., 6294-6296 E7-2162 Energy Energy Department See Energy Efficiency and Renewable Energy Office Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:

Energy conservation standards— Residential furnaces and boilers, 6184-6186 E7-2167 Energy conservation: Commercial and industrial equipment, energy efficiency program— Distribution transformers, 6186-6190 E7-2168 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Harrison County, MS; Federal Gulfport Harbor Navigation Project, 6224 07-585 Meetings: Inland Waterways Users Board, 6224 07-584 EPA Environmental Protection Agency PROPOSED RULES Air pollution; standards of performance for new stationary sources:

Electric utility steam generating units and industrial-commercial-institutional steam generating units, 6320-6375 E7-1881 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6233-6235 E7-2180 Confidential business information and data transfer, 6235-6236 E7-2110 Environmental statements; availability, etc.: Agency comment availability, 6236-6237 E7-2181 Agency weekly receipts, 6237-6238 E7-2184 Meetings: National ambient air quality standards for nitrogen and sulfur oxides; assessment of health science for review; workshop, 6238 E7-2183 Science Advisory Board, 6238-6239 E7-2178 Reports and guidance documents; availability, etc.:

National enforcement and compliance assurance priorities (2008-2010 FYs); recommendations and comments request, 6239-6241 E7-2179 Superfund; response and remedial actions, proposed settlements, etc.: Plantation Heat Treatment Site, RI, 6241-6242 E7-2182 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: Oklahoma, et al., 6192-6193 E7-2146 NOTICES Disaster and emergency areas: Colorado, 6248 E7-2145 Nebraska, 6249 E7-2144 Oklahoma, 6249-6250 E7-2140 E7-2142 Federal Highway Federal Highway Administration NOTICES Reports and guidance documents; availability, etc.:

Highway Performance Monitoring System; reassessment, 6311-6313 07-578 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 6242 E7-2119 E7-2175 Federal Transit Federal Transit Administration NOTICES Meetings: Buy America requirements, 6313 07-612 Fish Fish and Wildlife Service NOTICES Meetings: Sports Fishing and Boating Partnership Council, 6284 E7-2149 Food Food Safety and Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6195-6196 E7-2194 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* New York Schott Lithotec USA, Corp.; photomask blanks manufacturing and warehousing facilities, 6200 E7-2137 Ohio, 6200-6201 E7-2136 Forest Forest Service NOTICES Meetings: Eastern Washington Cascades Provincial and Yakima Provincial Advisory Committees; combined meeting, 6196-6197 07-582 GSA General Services Administration NOTICES Environmental statements; availability, etc.:

Madawaska, ME; border station facility, 6242-6243 E7-2190 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 6243-6244 E7-2185 E7-2191 Special Exposure Cohort; employee class designations: Nuclear Materials and Equipment Corp., Apollo site, PA, 6244 07-594 Y-12 Plant, Oak Ridge, TN, 6244 07-595 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency RULES Program Fraud Civil Remedies Act of l986; implementation, 6143-6144 07-569 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6250-6253 E7-2212 E7-2213 E7-2214 E7-2215 Environmental statements; availability, etc.:

East River Waterfront Esplanade and Piers Project, Manhattan, NY, 6253-6254 E7-2202 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 6254-6282 E7-1926 Mortgage and loan insurance programs: Debenture interest rates, 6282-6284 E7-2201 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Qualified film and television production costs deduction, 6155-6165 E7-2154 PROPOSED RULES Income taxes:

Qualified film and television production costs deduction; cross-reference, 6190-6192 E7-2153 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 6315 E7-2141 International International Trade Administration NOTICES Antidumping: Polyester staple fiber from— China, 6201 E7-2128 Wooden bedroom furniture from— China, 6201-6221 E7-2130 International International Trade Commission NOTICES Import investigations: Recordable compact discs and rewritable compact discs, 6286-6288 E7-2196 Textiles and apparel;

Haiti trade markets and industries; special rules, 6288-6289 E7-2197 Justice Justice Department See Justice Programs Office See Prisons Bureau Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 6289-6290 E7-2133 E7-2134 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Moffat, Routt, and Rio Blanco Counties, CO;

Little Snake Resource Management Plan, 6284-6285 E7-2247 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6296 E7-2092 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6297 E7-2204 National Foundation National Foundation on the Arts and the Humanities RULES Grants and agreements: Nonprocurement debarment and suspension;

OMB guidance; implementation, 6141-6142 07-576 NIH National Institutes of Health NOTICES Meetings: National Institute on Drug Abuse, 6248 07-592 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Non-community development quota pollock, 6178 07-591 Pollock, 6177-6178 07-568 International Fisheries regulations: South Pacific tuna— Vessel monitoring system requirements, vessel reporting requirements, area restrictions for U.S. purse seine vessels, etc., 6144-6155 07-593 NOTICES Damage Assessment and Restoration Program; indirect cost rates (2005 FY), 6221-6222 E7-2203 Marine mammal permit applications, determinations, etc., 6222-6223 E7-2200 Scientific research permit applications, determinations, etc., 6223 E7-2199 National Science National Science Foundation NOTICES Meetings:

National Science Board, 6297 E7-2198 Personnel Personnel Management Office RULES Combined Federal Campaign; eligibility requirements and public accountability standards; correction, 6142-6143 E7-2160 Prisons Prisons Bureau NOTICES Environmental statements; notice of intent: Aliceville, AL; Federal correctional complex development, 6290-6292 E7-2143 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Red River Valley Water Supply Project, ND; public hearings, 6285-6286 E7-1774 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.:

Highwood Generating Station, MT, 6197-6198 E7-2090 SEC Securities and Exchange Commission PROPOSED RULES Securities: Credit Rating Agency Reform Act of 2006; implementation— Nationally recognized statistical rating organizations, 6378-6431 07-548 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6297-6299 E7-2170 Meetings; Sunshine Act, 6299 07-610 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6299-6302 E7-2150 E7-2151 Boston Stock Exchange, Inc., 6302-6305 E7-2171 Chicago Board Options Exchange, Inc., 6305-6306 E7-2139 NYSE Arca, Inc., 6306-6309 E7-2129 E7-2152 Social Social Security Administration NOTICES Privacy Act; computer matching programs, 6309-6310 E7-2174 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6310-6311 E7-2189 E7-2192 Transportation Transportation Department See Federal Highway Administration See Federal Transit Administration RULES Standard time zone boundaries:

Indiana, 6170-6177 07-601 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6314 E7-2186 Veterans Veterans Affairs Department NOTICES Privacy Act; systems of records, 6315-6317 E7-2135 Separate Parts In This Issue Part II Environmental Protection Agency, 6320-6375 E7-1881 Part III Securities and Exchange Commission, 6378-6431 07-548 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. 72 27 Friday, February 9, 2007 Rules and Regulations NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 2 CFR Part 3254 and 45 CFR Part 1154 RIN 3135-AA21 National Endowment for the Arts Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

Office of the General Counsel, National Endowment for the Arts, Arts. ACTION: Final rule. SUMMARY: The National Endowment for the Arts

(NEA)implements Office of Management and Budget

(OMB)guidance on nonprocurement suspension and debarment, issued on August 31, 2005 [70 FR 51863], by adopting the guidelines in a new part in title 2 of the CFR, the Government-wide title recently established for OMB guidance on grants and agreements, and removing 45 CFR part 1154, the part containing the NEA implementation of the government-wide common rule on nonprocurement debarment and suspension. This regulatory action would make no substantive change in NEA policy or procedures for nonprocurement debarment and suspension. DATES: *Effective Date:* The rule will become effective March 12, 2007. FOR FURTHER INFORMATION CONTACT: National Endowment for the Arts, ATTN: Federal Register, 1100 Pennsylvania Avenue, NW., Room 518, Washington, DC 20506; or Laura Nelson,

(202)682-5595. SUPPLEMENTARY INFORMATION: This final rule implements the OMB guidance and does not make any changes in current policies and procedures. Executive Order 12866 This rule is not significant because the replacement of the common rule with OMB guidance and a brief NEA adopting regulation does not make any changes in current polices and procedures. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 2 CFR Part 3254 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. Accordingly, under the authority of 20 U.S.C. 959(a)(1), NEA amends title 2, subtitle B, and title 45, chapter 1154, of the Code of Federal Regulations as follows: Title 2—Grants and Agreements 1. Add Chapter 32 to Subtitle B to read as follows: CHAPTER 32—NATIONAL ENDOWMENT FOR THE ARTS PART 3254—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 3254.10 What does this part do? 3254.20 Does this part apply to me? 3254.30 What policies and procedures must I follow? Subpart A—General 3254.137 Who in the NEA may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 3254.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 3254.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 3254.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subpart E—I [Reserved] Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235. § 3254.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in Subparts A through I of 2 CFR part 180, as supplemented by this part, as the National Endowment for the Arts

(NEA)policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for the NEA to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). § 3254.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in Subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see Subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970.

(b)Respondent in a NEA suspension or debarment action.

(c)NEA debarment or suspension official;

(d)NEA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction; § 3254.30 What policies and procedures must I follow? The NEA policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in Subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., § 3254.220). For any section of OMB guidance in Subparts A through I of 2 CFR 180 that has no corresponding section in this part, NEA policies and procedures are those in the OMB guidance. Subpart A—General § 3254.137 Who in the NEA may grant an exception to let an excluded person participate in a covered transaction? The NEA Chairman has the authority to grant an exception to let an excluded person participate in a covered transaction, as provided in the OMB guidance at 2 CFR 180.135. Subpart B—Covered Transactions § 3254.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Although the OMB guidance at 2 CFR 180.220(c) allows a Federal agency to do so (also see options lower tier coverage in the figure in the Appendix to 2 CFR part 180), NEA does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction. Subpart C—Responsibilities of Participants Regarding Transactions § 3254.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 3254.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by Subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subpart E—I [Reserved] Title 45 Public Welfare—Chapter XI—National Endowment for the Arts PART 1154—[REMOVED] 2. Under authority Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235) part 1154 is removed. Dated: January 31, 2007. Karen Elias, Acting General Counsel, National Endowment for the Arts. [FR Doc. 07-576 Filed 2-8-07; 8:45 am]

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