January 5, 2005 – Federal Register Recent Federal Regulation Documents
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Notice of Proposed Information Collection Requests
The Director, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission of Data by State Educational Agencies
The Secretary of Education announces dates for the submission by State educational agencies (SEAs) of expenditure and revenue data and average daily attendance statistics on ED Form 2447 (the National Public Education Financial Survey (NPEFS)) for fiscal year (FY) 2004. The Secretary sets these dates to ensure that data are available to serve as the basis for timely distribution of Federal funds. The U.S. Bureau of the Census is the data collection agent for the National Center for Education Statistics (NCES). The data will be published by NCES and will be used by the Secretary in the calculation of allocations for FY 2006 appropriated funds.
Pacific Fishery Management Council; Ad Hoc Allocation Committee; Public Meeting
The Pacific Fishery Management Council's (Council) Ad Hoc Allocation Committee (Committee) will hold a working meeting, which is open to the public. The purpose of the meeting is to develop options for allocations and other management measures for the 2005-2006 Pacific Coast groundfish fishery and to consider allocation issues associated with development of an individual quota (or dedicated access) program initiative for the Pacific Coast groundfish trawl fishery.
Fisheries of the Gulf of Mexico and South Atlantic Spiny Lobster Data Workshop
The State of Florida, along with the Gulf of Mexico Fishery Management Council (GMFMC) and the South Atlantic Fishery Management Council (SAFMC), will hold a data workshop, the first in a series of three workshops, to evaluate the stock status of the spiny lobster.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Council) Ad Hoc Groundfish Information Policy Committee (GIPC) will hold a working meeting, which is open to the public.
Thiamethoxam; Pesticide Tolerance
This regulation establishes tolerances for combined residues of thiamethoxam and its metabolite, (CGA-322704) in or on legume vegetables, root vegetables (except sugar beet), strawberries, bushberries, juneberries, lingonberries, salal, cranberries, spearmint, peppermint, rapeseed, mustard, flax, safflower, crambe, borage, and potatoes. In addition, the tolerance expression for tuberous and corm vegetable crop subgroup (1C) is revised to a tolerance expression for tuberous and corm crop subgroup (except potato) (1D). Syngenta Crop Protection, Inc. and Interregional Research Project 4 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Airworthiness Directives; Rolls-Royce plc RB211-524 Series Turbofan Engines
The FAA is superseding an existing airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-524 series turbofan engines. That AD currently requires initial and repetitive borescope insepctions of the head section and meterpanel assembly of the combustion liner, and replacement, if necessary, with serviceable parts. In addition, that AD allows an optional installation of a front combustion liner with a strengthened head section as a terminating action to the inspection requirements. This AD requires initial and repetitive borescope inspections of the head section and meterpanel assembly of the combustion liner, and replacement if necessary with serviceable parts. This AD also requires reduction of the inspection intervals of certain RB211-524 engine models that have not been repaired to RR Field Repair Scheme FRS5367/B, and a mandatory terminating action to be completed by a certain date. This AD results from five events that are directly attributed to combustor head breakup and meterpanel failure which were found at overhaul inspection. At least one of these events resulted in a combustion case burn-through. We are issuing this AD to prevent engine combustion liner deterioration, which can result in combustion liner breakup, case burn-through, and engine fire.
Airworthiness Directives; Pratt & Whitney JT8D-200 Series Turbofan Engines
The FAA is superseding existing airworthiness directive (AD) 99-22-14 for Pratt & Whitney (PW) JT8D-200 series turbofan engines. That AD currently requires removing low pressure turbine (LPT)-to- exhaust case bolts and nuts and replacement with improved LPT-to- exhaust case bolts and nuts on JT8D-209, -217, -217A, -217C, and -219 engines. That AD also requires installation of improved high pressure turbine (HPT) containment hardware on JT8D-217C, and -219 engines. This AD requires installation of improved HPT containment hardware on JT8D- 209, -217, -217A, -217C, and -219 engines. This AD results from four reports of uncontained HPT failures of JT8D-200 series engines, since AD 99-22-14 was issued. We are issuing this AD to prevent uncontained HPT events resulting from HPT shaft fractures.
Flat Rate Supplemental Wage Withholding
This document contains proposed regulations amending the regulations that provide for the flat rate of withholding applicable to calculating the amount of income tax withholding on supplemental wages. The proposed amendment to the regulations reflects changes in the law made by the Revenue Reconciliation Act of 1993, the Economic Growth and Tax Relief Reconciliation Act of 2001, the Jobs and Growth Tax Relief Reconciliation Act of 2003, and the American Jobs Creation Act of 2004. Under the American Jobs Creation Act of 2004, the optional flat rate for withholding on supplemental wages will generally remain at 25 percent for payments made after December 31, 2004, but may change if income tax rates change. However, the 2004 Act also provides that, after 2004, if an employee receives supplemental wages in excess of one million dollars from an employer in a calendar year, the excess of the supplemental wages over one million dollars is subject to mandatory income tax withholding at the highest income tax rate. The highest income tax rate is currently 35 percent. In determining whether an employer has reached the one million dollar threshold for an employee, supplemental wage payments from all businesses under common control and from agents will be taken into account.
Chlorothalonil; Re-establishment of Tolerance for Emergency Exemptions
This regulation re-establishes a time-limited tolerance for combined residues of the fungicide chlorothalonil and its metabolite, 4-hydroxy- 2,5,6- trichloroisophthalonitrile in or on ginseng at 0.10 parts per million (ppm). This tolerance will expire and is revoked on December 31, 2007. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on ginseng. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18.
Drawbridge Operation Regulations; Townsend Gut, ME
The Coast Guard is proposing to temporarily change the drawbridge operation regulations for the operation of the SR 27 Bridge, at mile 0.7, across Townsend Gut, between Boothbay Harbor and Southport, Maine. This temporary rule would require the bridge to open at specific times between 6 a.m. and 6 p.m., each day, from March 1, 2005, through November 30, 2005. Additionally, this temporary rule would also allow the bridge to remain closed for four periods of four days each between March 1, 2005, and May 26, 2005. This action is necessary to help facilitate rehabilitation construction at the bridge.
National Environmental Policy Act Documentation Needed for Developing, Revising, or Amending Land Management Plans; Categorical Exclusion
The Department of Agriculture, Forest Service, is requesting comment on a proposed revision to its procedures for implementing the National Environmental Policy Act (NEPA) and Council on Environmental Quality (CEQ) regulations. This proposed revision is being made to Forest Service Handbook 1909.15, Chapter 30, which describes categorical exclusions, that is, categories of actions that will not result in significant impacts on the human environment and which are therefore exempt from requirements to prepare further NEPA documentation absent extraordinary circumstances. The proposal would add one such category of actions to the agency's NEPA procedures for final decisions on proposals to develop, amend, or revise land management plans that are comprised of five components which are desired conditions, objectives, guidelines, suitability of areas, and special areas for a forest. This proposal is being published in conjunction with the final Forest Service planning regulations published elsewhere in this part of today's Federal Register. Public comment is invited and will be considered in development of the final procedure.
List of Fisheries for 2005
On December 2, 2004, the proposed List of Fisheries (LOF) for 2005 under the Marine Mammal Protection Act (MMPA) was published in the Federal Register. NMFS is extending the comment period on this proposed LOF to March 4, 2005.
Notice of Proposed Information Collection: Comment Request; FHA Fee Inspector Panel Application Package
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paper work Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Intent to Prepare a Supplemental Environmental Impact Statement to the Final Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), the Council on Environmental Quality's (CEQ) and the U.S. Department of Energy's (DOE) regulations implementing NEPA (40 CFR parts 1500-1508 and 10 CFR part 1021, respectively), the National Nuclear Security Administration (NNSA), an agency within the DOE, announces its intent to prepare a supplemental site-wide environmental statement (S-SWEIS) to update the analyses presented in the Final Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory (SWEIS) (DOE/ EIS-0238; January 1999). The purpose of this notice is to invite individuals, organizations, and government agencies and entities to participate in developing the scope of the S-SWEIS. In its September 1999 Record of Decision (ROD) based on the SWEIS, DOE announced its decision to implement the Expanded Operations Alternative analyzed in the SWEIS, with modifications to weapons related production work (the Preferred Alternative), at Los Alamos National Laboratory (LANL). That decision is being implemented at LANL. Pursuant to 40 CFR 1502.20, the S-SWEIS will rely on and expand on the analysis in the original SWEIS. The No Action Alternative for the S- SWEIS is the continued implementation of the SWEIS ROD, together with other actions described and analyzed in subsequent NEPA reviews. The Proposed Action in the S-SWEIS will include changes since the SWEIS 1999 ROD.
National Forest System Land Management Planning
This final rule describes the National Forest System land management planning framework; establishes requirements for sustainability of social, economic, and ecological systems and developing, amending, revising, and monitoring land management plans; and clarifies that land management plans under this final rule, absent extraordinary circumstances, are strategic in nature and are one stage in an adaptive cycle of planning for management of National Forest System lands. The intended effects of the final rule are to streamline and improve the planning process by making plans more adaptable to changes in social, economic, and environmental conditions; to strengthen the role of science in planning; to strengthen collaborative relationships with the public and other governmental entities; and to reaffirm the principle of sustainable management consistent with the Multiple-Use Sustained-Yield Act and other authorities. Elsewhere in this part of today's Federal Register, the Department of Agriculture is simultaneously publishing another final rule to remove the planning regulations adopted on November 9, 2000.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine veteran-obligors' and prospective assumers' creditworthiness.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Office of Management (OM), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to consider the use of domestic foreign construction material.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine claimants' eligibility for disability insurance benefits.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to establish entitlement to Government Life insurance proceeds.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Veterans Health Administration (VHA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine eligibility for extended care benefits.
Proposed Information Collection Activity: Proposed Collection; Comment Request
The Office of Management (OM), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to evaluate bidder's qualification and to support claims for price adjustment due to delay in construction caused by severe weather.
Statutory Mergers and Consolidations
This document amends previously proposed regulations published in the Federal Register on January 24, 2003 (REG-126485-01, 2003-9 I.R.B. 542, 68 FR 3477) by cross-reference to temporary regulations. Those regulations define the term statutory merger or consolidation as that term is used in section 368(a)(1)(A). This notice of proposed rulemaking affects corporations engaging in mergers and consolidations and their shareholders. It is being issued concurrently with proposed regulations under sections 358, 367, and 884. (See REG-125628-01 in the proposed rulemaking section of this issue of the Federal Register).
Revision of Income Tax Regulations Under Sections 358, 367, 884, and 6038B Dealing With Statutory Mergers or Consolidations Under Section 368(a)(1)(A) Involving One or More Foreign Corporations
This document contains proposed regulations amending the income tax regulations under various provisions of the Internal Revenue Code (Code) to account for statutory mergers and consolidations under section 368(a)(1)(A) (including reorganizations described in section 368(a)(2)(D) and (E)) involving one or more foreign corporations. These proposed regulations are issued concurrently with proposed regulations (REG-117969-00) that would amend the definition of a reorganization under section 368(a)(1)(A) to include certain statutory mergers or consolidations effected pursuant to foreign law.
Substantial Understatement of Income Tax Liability
This document removes regulations relating to the addition to tax in the case of a substantial understatement of income tax liability and corrects an obsolete cross reference. The Internal Revenue Code (Code) provision imposing the addition to tax and cited in the cross reference was repealed in 1989. The changes made by this document will not affect taxpayers because the addition to tax does not apply to returns with a due date after December 31, 1989 (determined without regard to extensions).
National Forest System Land and Resource Management Planning; Removal of 2000 Planning Rule
The Department of Agriculture is issuing a final rule to remove the November 9, 2000, National Forest System Land and Resource Management Planning regulations at Title 36, Code of Federal Regulations, part 219, subpart A, in their entirety. Subsequent to the publication of the 2000 planning rule, several amendments were published to revise certain sections of the rule and to provide for transition to the 2000 rule. This action to remove the 2000 rule is being taken before the adoption of the new 2004 planning rule to clarify and avoid any confusion about which planning regulations the Department intends to be used to implement the National Forest Management Act of 1976. Elsewhere in this part of today's Federal Register, the Department is simultaneously publishing another final rule to add the new (2004) planning regulations at 36 CFR part 219, subpart A.
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