Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-10-10.xml --- 72 195 Wednesday, October 10, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 57513 E7-19873 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 57513-57514 E7-19883 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 57519-57520 E7-19858 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 57581-57582 E7-19878 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 57582 E7-19880 Elimination of Tuberculosis Advisory Council, 57582 E7-19885 Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 57583 E7-19887 HIV and STD Prevention and Treatment Advisory Committee, 57583 E7-19879 National Institute for Occupational Safety and Health— Safety and Occupational Health Study Section, 57583-57584 E7-19884 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Hospital inpatient prospective payment systems and 2008 FY rates Correction, 57634-57738 07-4875 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57584 07-4968 Grant and cooperative agreement awards: Boys II Men Mentoring TN et al, 57584-57585 E7-19890 Mid Atlantic Network of Y&FS, PA et al, 57585-57586 E7-19881 National Runaway Switchboard, 57586 E7-19886 Coast Guard Coast Guard RULES Drawbridge operations:

Maine, 57487-57488 07-4998 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-19859 E7-19860 57518-57519 E7-19861 Defense Defense Department NOTICES Arms sales notification; transmittal letter, etc., 57535-57539 07-4974 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Innovation and improvement— Teaching American History Program, 57540-57545 E7-19945 Meetings: Institutional Quality and Integrity National Advisory Committee, 57545-57548 E7-19874 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Furilazole, 57489-57492 E7-19829 Spinetoram, 57492-57500 E7-19947 Water supply:

National primary drinking water regulations— Lead and copper; short term regulatory revisions and clarifications, 57782-57820 E7-19432 NOTICES Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 57568 E7-19655 Clean Air Scientific Advisory Committee, 57568-57569 E7-19938 Pesticide programs: Risk assessments— Sodium fluoride, 57569-57571 E7-19940 Pesticide registration, cancellation, etc.: Disulfoton, 57571-57572 E7-19816 Reports and guidance documents; availability, etc.:

Coal combustion wastes disposal in landfills and surface impoundments; data availability, 57572-57573 E7-19935 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Jet routes, 57485-57486 E7-19742 VOR Federal airways, 57486 E7-19745 PROPOSED RULES Airworthiness directives: Pratt & Whitney, 57502-57503 E7-19927 FCC Federal Communications Commission NOTICES Committees; establishment, renewal, termination, etc.:

North American Numbering Council, 57573-57574 E7-19939 Debarment proceedings: Brown, Richard E., 57574-57576 E7-19922 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 57548-57550 E7-19891 Hydroelectric applications, 57550-57561 E7-19894 E7-19902 E7-19903 Meetings: California Independent System Operator Corp., 57561 E7-19904 Natural gas pipeline rate and refund report filings, 57561-57562 E7-19866 E7-19867 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 57576 E7-19919 Formations, acquisitions, and mergers, 57576 E7-19920 Permissible nonbanking activities, 57576-57577 E7-19921 Meetings: Consumer Advisory Council, 57577 E7-19842 Meetings; Sunshine Act, 57577 07-5021 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 57577-57579 07-4969 Prohibited trade practices: Mylan Laboratories and E. Merck oHG, 57579-57581 E7-19892 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Peninsular bighorn sheep, 57740-57780 07-4959 Survival enhancement permits— New York; Karner blue butterfly; safe harbor agreement, 57511-57512 E7-19882 NOTICES Endangered and threatened species: Survival enhancement permits— Stirling Management Area, CA; fisher; candidate conservation agreement, 57596-57598 E7-19893 Food Food and Drug Administration NOTICES Human drugs: New drug applications— Menley & James Laboratories, Inc., et al.; approval withdrawn, 57586-57587 E7-19865 Reports and guidance documents; availability, etc.:

Center for Devices and Radiological Health; guidance document list; Web location and public docket establishment, 57587-57588 E7-19864 Forest Forest Service NOTICES Environmental statements; notice of intent: Apache-Sitgreaves National Forests, AZ, 57514-57517 E7-19872 Caribou-Targhee National Forest, ID, 57518 07-4972 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings:

Organ Transplantation Advisory Committee, 57588 E7-19969 Organization, functions, and authority delegations: Administrator Office et al.; order of succession, 57588-57589 E7-19966 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Aviation Services International, et al., 57520-57522 07-4995 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Qualified small business stock; deferral of sale gains by partnerships and their partners Correction, 57487 E7-19869 PROPOSED RULES Income taxes: Foreign corporations; gross income exclusions; cross-reference Hearing cancellation, 57503-57504 E7-19871 International International Trade Commission NOTICES Import investigations: Sucralose, sweeteners containing sucralose, and related intermediate compounds thereof, 57599 E7-19862 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Eastern Montana, 57598 E7-19877 Survey plat filings:

Idaho, 57598-57599 E7-19889 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 57589-57590 E7-19975 Meetings: National Center for Complementary and Alternative Medicine, 57590 07-4985 National Heart, Lung, and Blood Institute, 57590 07-4979 National Human Genome Research Institute, 07-4977 57590-57591 07-4983 National Institute of Allergy and Infectious Diseases, 07-4986 07-4987 57593-57594 07-4988 07-4989 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 57591 07-4980 National Institute of Child Health and Human Development, 57592-57593 07-4984 National Institute of Mental Health, 57591 07-4978 National Institute of Neurological Disorders and Stroke, 57591-57592 07-4981 National Institute on Alcohol Abuse and Alcoholism, 57592 07-4982 Scientific Review Center, 57594-57595 07-4991 07-4993 National Institute of Allergy and Infectious Diseases, 57595 07-4990 Organization, functions, and authority delegations:

National Institute of Biomedical Imaging and Bioengineering, 57595 E7-19933 Patent licenses; non-exclusive, exclusive, or partially exclusive: CC Biotech LLC, 57595-57596 E7-19941 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 57501 07-4992 Northeastern United States fisheries— Summer flounder, 57500-57501 E7-19928 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-19857 57522-57523 E7-19863 Marine mammal permit applications, determinations, etc., E7-19925 E7-19926 57523-57525 E7-19930 Meetings:

Gulf of Mexico Fishery Management Council, 57525 E7-19822 New England Fishery Management Council, 57525-57526 E7-19823 National Science National Science Foundation NOTICES Meetings: Engineering Advisory Committee, 57599 E7-19917 U.S. Chief Financial Officer Council Grants Policy Committee, 57599-57600 E7-19915 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Independent External Review Panel to Identify Vulnerabilities in NRC's Material Licensing Program, 57600 E7-19943 Decommissioning plans; sites:

United Nuclear Corp.-Naval Products Site, CT, 57600-57602 E7-19951 Environmental statements; availability, etc.: Army Department; Armament Research, Development, and Engineering Center, Picatinny Arsenal, NJ, 57602-57604 E7-19948 Incyte Corp., 57604-57606 E7-19957 Meetings; Sunshine Act, 57606 07-5014 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 57606 E7-19946 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Reports and guidance documents; availability, etc.:

Examination guidelines for determining obviousness, 57526-57535 E7-19973 Postal Postal Service RULES Domestic Mail Manual: Temporary mail forwarding policy, 57488-57489 E7-19875 PROPOSED RULES Domestic Mail Manual: Automation, presorted, and carrier route flat-size mail; new address and barcode requirements, 57507-57511 E7-19932 Automation, presorted, and carrier route rate letters; new address requirements, 57505-57506 E7-19931 Express Mail Corporate Accounts; local trust accounts; cash and check deposits elimination, 57506-57507 E7-19934 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Fire Prevention Week (Proc. 8188), 57483-57484 07-5020 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 57609-57610 E7-19855 E7-19856 Investment Advisers Act of 1940:

Franklin Portfolio Associates, LLC, et al., 57610-57613 E7-19912 IronBridge Capital Management LP et al., 57613-57615 E7-19913 Meetings; Sunshine Act, 57615 E7-19923 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 57615-57616 E7-19870 E7-19907 Boston Stock Exchange, Inc., 57617-57619 E7-19906 Chicago Board Options Exchange, Inc., 57619-57621 E7-19905 E7-19910 New York Stock Exchange LLC, 57622-57625 E7-19908 E7-19911 NYSE Arca, Inc., 57625-57629 E7-19909 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57629-57630 E7-19876 State State Department NOTICES Foreign Operations, Export Financing, and Related Programs Appropriations Act:

Colombian demobilization program; determination and certification, 57630 E7-19955 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Montana, 57822-57838 E7-19851 PROPOSED RULES Surface and underground coal mining activities: Excess spoil and coal mine waste minimization and stream buffer zones for U.S. waters— Public hearings, 57504-57505 E7-19961 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Bessemer & Lake Erie Railroad Co., 57631-57632 E7-19868 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel proceedings— China; coated free sheet paper; antidumping and countervailing duty measures, 57607 07-4999 China; intellectual property rights; protection and enforcement measures, 57608-57609 07-5000 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 57630-57631 E7-19916 Aviation proceedings:

Agreements filed; weekly receipts, 57631 E7-19956 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 57631 E7-19954 Treasury Treasury Department See Internal Revenue Service Western Western Area Power Administration NOTICES Power rates: Pacific Northwest-Pacific Southwest Intertie Project, 57563-57568 E7-19914 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 57634-57738 07-4875 Part III Interior Department, Fish and Wildlife Service, 57740-57780 07-4959 Part IV Environmental Protection Agency, 57782-57820 E7-19432 Part V Interior Department, Surface Mining Reclamation and Enforcement Office, 57822-57838 E7-19851 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. 72 195 Wednesday, October 10, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28134; Airspace Docket No. 07-ASW-1] RIN 2120-AA66 Revision of Jet Routes J-29 and J-101;

South Central United States AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Jet Routes J-29 and J-101 over the South Central United States in support of the Houston Area Air Traffic System Project. This allows for more effective utilization of airspace and enhances the management of aircraft operations over the Houston terminal area. DATES: *Effective Date:* 0901 UTC, April 10, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: History On June 7, 2007, the FAA published in the **Federal Register** a notice of proposed rulemaking

(NPRM)to revise J-29 between the Humble, TX, VORTAC and the El Dorado, AR, VORTAC, and revise J-101 between the Lufkin, TX, VORTAC and Little Rock, AR, VORTAC (72 FR 31477). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received in response to the proposal. With the exception of editorial changes, this amendment is the same as that proposed in the NPRM. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising J-29 and J-101 over the South Central United States. Specifically, this action revises J-29 between the Humble, TX, VORTAC and the El Dorado, AR, VORTAC, and revises J-101 between the Lufkin, TX, VORTAC and Little Rock, AR, VORTAC. This action allows for more effective utilization of airspace and enhances the management of aircraft operations over the Houston terminal area. Jet routes are published in paragraph 2004 of FAA Order 7400.9R, signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Jet routes listed in this document would be published subsequently in the Order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it revises Jet Routes J-29 and J-101 in the South Central United States. Environmental Review The FAA has reviewed the above referenced action and determined that it is categorically excluded from further environmental documentation according to FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, in accordance with paragraphs 311a. Additionally, the implementation of this action will not result in any extraordinary circumstances in accordance with FAA Order 1050.1E paragraph 304. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 2004—Jet Routes. J-29 [Revised] From the INT of the United States/Mexican Border and the Corpus Christi, TX, 229° radial via Corpus Christi; Palacios, TX; Humble, TX; El Dorado, AR; Memphis, TN; Pocket City, IN; INT Pocket City 051° and Rosewood, OH, 230° radials; Rosewood; DRYER, OH; Jamestown, NY; Syracuse, NY; Plattsburgh, NY; Bangor, ME; to Halifax, Canada; excluding the portions within Mexico and Canada. J-101 [Revised] From Humble, TX, Lufkin, TX; Little Rock, AR; St. Louis, MO; Spinner, IL; Pontiac, IL; Joliet, IL; Northbrook, IL; Badger, WI; Green Bay, WI; to Sault Ste Marie, MI. Issued in Washington, DC, on September 27, 2007. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E7-19742 Filed 10-9-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24926; Airspace Docket No. 06-ASW-1] RIN 2120-AA66 Establishment, Modification and Revocation of VOR Federal Airways; East Central United States AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies VOR Federal Airway, V-133 over the East Central United States in support of the Midwest Airspace Enhancement Plan (MASE). The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace assigned to the Chicago, Cleveland, and Indianapolis Air Route Traffic Control Centers (ARTCC). DATES: *Effective Date:* 0901 UTC, December 20, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: History On June 15, 2007, the FAA published in the **Federal Register** a supplemental notice of proposed rulemaking (SNPRM) (72 FR 33168) to modify the description for V-133 published in a notice of proposed rulemaking

(NPRM)issued on June 16, 2006 (71 FR 34854). In a final rule published in the **Federal Register** , January 18, 2007 (72 FR 2182), V-133 was deferred because the suggested routing proposed in the NPRM did not pass flight check. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received objecting to the proposal. VOR Federal Airways are published in paragraph 6010 of FAA Order 7400.9R dated August 15, 2006 and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The VOR Federal Airway listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 to modify V-133 over the East Central United States. This action enhances safety and facilitates the more flexible and efficient use of the navigable airspace. Further, this action enhances the management of aircraft operations within the Chicago, Cleveland, and Indianapolis ARTCCs' areas of responsibility. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies VOR Federal Airway V-133 in the Eastern Central United States. Environmental Review The FAA has reviewed the above referenced proposed action and determined it is categorically excluded from further environmental documentation according to FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, in accordance with paragraphs 311a. Additionally, the implementation of this action will not result in any extraordinary circumstances in accordance with FAA Order 1050.1E, paragraph 304. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R, Airspace Designations and Reporting Points, dated August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6010—VOR Federal Airways. V-133 [Revised] From INT Charlotte, NC, 305° and Barretts Mountain, NC, 197° radials; Barrets Mountain; Charleston, WV; Zanesville, OH; Tiverton, OH; Mansfield, OH; Sandusky, OH; INT Sandusky 342° and Detroit, MI 138° radials; Detroit; Salem, MI; INT Salem 346° and Saginaw, MI 160° radials; Saginaw; Traverse City, MI; Escanaba, MI; Sawyer, MI; Houghton, MI; Thunder Bay, ON, Canada; International Falls, MN; to Red Lake, ON, Canada. The airspace within Canada is excluded. Issued in Washington, DC, on September 27, 2007. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E7-19745 Filed 10-9-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9353] RIN 1545-BC67 Section 1045 Application to Partnerships; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. SUMMARY: This document contains corrections to final regulations (TD 9353) that were published in the **Federal Register** on Tuesday, August 14, 2007 (72 FR 45346) relating to the application of section 1045 of the Internal Revenue Code to partnerships and their partners. DATES: This correction is effective October 10, 2007. FOR FURTHER INFORMATION CONTACT: Jian H. Grant at

(202)622-3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this correction are under section 1045 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9353) contain errors that may prove to be misleading and are in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following 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 1.1045-1 is amended by revising the last sentence of paragraph (c)(1)(i), the subtitle of paragraph (c)(2)(i), the first five sentences of paragraph (h)(3)(i) *Example 3.* (i), the fourth sentence of (h)(3)(i) *Example 5.* (v), and the first sentence of (h)(3)(i) *Example 12.*

(ii)to read as follows: § 1.1045-1 Application to partnerships.

(c)* * *

(1)* * *

(i)* * * A taxpayer other than a C corporation that sells QSB stock held for more than 6 months at the time of the sale may elect in accordance with paragraph

(h)of this section to apply section 1045 if replacement QSB stock is purchased by a purchasing partnership (including a selling partnership).

(2)* * *

(i)*General rule.*

(h)* * *

(3)* * *

(i)* * * *Example 3.* * * *

(i)On January 1, 2008, A, an individual, and B, an individual, each contribute $500 to UTP (upper-tier partnership) for equal partnership interests. On February 1, 2008, UTP and C, an individual, each contribute $1,000 to LTP (lower-tier partnership) for equal partnership interests. On March 1, 2008, LTP purchases QSB stock for $500. On April 1, 2008, D, an individual, joins UTP by contributing $500 to UTP for a 1/3 interest in UTP. On December 1, 2008, LTP sells the QSB stock for $2,000. * * * *Example 5.* * * *

(v)* * * In accordance with the principles of § 1.743-1(j)(3), the amount of A's gain from the March 30, 2009, sale of replacement QSB1 stock in which A has a $200 negative basis adjustment equals $300 (A's share of PRS' gain from the sale of replacement QSB1 stock ($100), increased by the amount of A's negative basis adjustment for replacement QSB1 stock ($200)). * * * *Example 12.* * * *

(ii)Because A purchased within 60 days of PRS' sale of the QSB stock, replacement QSB stock for a cost equal to A's share of the partnership's amount realized on the sale of the QSB stock, and because A made a valid election to apply section 1045 with respect to A's share of the gain from PRS' sale of the QSB stock, A does not recognize A's $100 distributive share of the gain from PRS' sale of the QSB stock. * * * LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-19869 Filed 10-9-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-136] Drawbridge Operation Regulations; Kennebec River, Bath and Woolwich, ME AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Carlton Bridge across the Kennebec River at mile 14.0, between Bath and Woolwich, Maine. Under this temporary deviation the Carlton Bridge may remain in the closed position from 6:30 a.m. to 6:30 p.m. for seven days; October 1, 2, 8, 9, 15, 16, and 22, 2007, to facilitate bridge painting operations. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate bridge painting. DATES: This deviation is effective from October 1, 2007 through October 22, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is

(617)223-8364. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First Coast Guard District, at

(617)223-8364. SUPPLEMENTARY INFORMATION: The Carlton Bridge, across the Kennebec River, mile 14.0, between Bath and Woolwich, Maine, has a vertical clearance in the closed position of 10 feet at mean high water and 16 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.525. The owner of the bridge, Maine Department of Transportation, requested a temporary deviation to facilitate bridge painting operations at the Carlton Bridge. The bridge painting will be performed on the lift span end sections which requires the lift span to be raised up 6 feet and locked in that position in order to install paint containment, sandblast the metal, and paint the bridge span ends. This work must be performed before the ambient air temperature becomes too cold for outdoor painting. Historically, there were thirteen requests to open the Carlton Bridge in September 2006, and eleven requests to open in October 2006. Those totals were for the entire month. The requested bridge closure dates to complete the bridge painting at the bridge for 2007, will all be on Monday and Tuesday when recreational boating activity is very low. Under this temporary deviation the Carlton Bridge need not open for the passage of vessel traffic between 6:30 a.m. and 6:30 p.m.; October 1, 2, 8, 9, 15, 16, and 22, 2007. Vessels that can pass under the bridge without a bridge opening may do so at all times. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operation schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. Dated: September 28, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 07-4998 Filed 10-4-07; 3:08 pm]

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