57750 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

diagnostic use as an aid in the risk 

assessment of patients with chronic 

liver disease for development of 

hepatocellular carcinoma, in 

conjunction with other laboratory 

findings, imaging studies, and clinical 

assessment. 

(b) Classification. Class II (special 

controls). The special control is FDA’s 

guidance document entitled ‘‘Class II 

Special Controls Guidance Document: 

AFP-L3% Immunological Test 

Systems.’’ See § 866.1(e) for the 

availability of this guidance document. 

Dated: September 9, 2005. 

Linda S. Kahan, 

Deputy Director, Center for Devices and 

Radiological Health. 

[FR Doc. 05–19863 Filed 10–3–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9223] 

RIN 1545–BC20 

Value of Life Insurance Contracts 

When Distributed From a Qualified 

Retirement Plan; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document contains a 

correction to final regulations that were 

published in the Federal Register on 

Monday, August 29, 2005 (70 FR 50967) 

regarding the amount includible in a 

distributee’s income when life 

insurance contracts are distributed by a 

qualified retirement plan and regarding 

the treatment of property sold by a 

qualified retirement plan to a plan 

participant or beneficiary for less than 

fair market value. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the section 79 regulations, 

Betty Clary at (202) 622–6080; 

concerning the section 83 regulations, 

Robert Misner at (202) 622–6030; 

concerning the section 402 regulations, 

Bruce Perlin or Linda Marshall at (202) 

622–6090 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9223) that 

are the subject of this correction are 

under sections 402(a), 79 and 83 of the 

Internal Revenue Code. 

Need for Correction 

As published, TD 9223 contains an 

error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final regulations (TD 9223) which was 

the subject of FR Doc. 05–17046, is 

corrected as follows: 

On page 50969, column 2, in the 

preamble, under the paragraph heading 

‘‘B. The 2004 Proposed Regulations’’, 

line 2 from the top of the column, the 

language ‘‘§ 1.79-(d) to replace the term 

‘‘cash’’ is corrected read ‘‘§ 1.79–1(d) to 

replace the term ‘‘cash’’. 

Cynthia Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. 05–19776 Filed 10–3–05; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–OAR–2004–KY–0003–200529; FRL–

7979–7A] 

Approval and Promulgation of 

Implementation Plans for Kentucky: 

Inspection and Maintenance Program 

Removal for Northern Kentucky; New 

Solvent Metal Cleaning Equipment; 

Commercial Motor Vehicle and Mobile 

Equipment Refinishing Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving four related 

revisions to the Kentucky State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky on 

February 9, 2005. These revisions affect 

the Northern Kentucky area, which is 

comprised of the Kentucky Counties of 

Boone, Campbell, and Kenton, and is 

part of the Cincinnati-Hamilton 

Metropolitan Statistical Area. EPA is 

approving the movement of the 

regulation underlying the Northern 

Kentucky inspection and maintenance 

(I/M) program from the regulatory 

portion of the Kentucky SIP to the 

contingency measures section of the 

Northern Kentucky 1-Hour Ozone 

Maintenance Plan. EPA is also 

approving revisions to a Kentucky rule 

which provides for the control of 

volatile organic compounds (VOCs) 

from new solvent metal cleaning 

equipment. Further, EPA is approving a 

new rule into the Kentucky SIP affecting 

commercial motor vehicle and mobile 

equipment refinishing operations in 

Northern Kentucky. Finally, EPA is 

approving updated mobile source 

category emissions projections with 

updated, state motor vehicle emission 

budgets (MVEBs) for the year 2010. This 

final rule addresses comments made on 

EPA’s proposed rulemaking previously 

published for this action. 

EFFECTIVE DATE: This rule will be 

effective November 3, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID No. R04–

OAR–2004–KY–0003. All documents in 

the docket are listed in the RME index 

at http://docket.epa.gov/rmepub/. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Although listed 

in the index, some information is not 

publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in RME or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960. Ms. Notarianni can be 

reached via telephone number at (404) 

562–9031 or electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Today’s Action 

III. Clarifications Made in the Final SIP 

Submittal 

IV. Responses to Comments 

V. Final Action 

VI. Statutory and Executive Order Reviews