February 25, 2005 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2005-02-25-ReaderAids
Type: Reader Aids
Date: 2005-02-25
Honey From the People's Republic of China; Notice of Final Results of Antidumping Duty New Shipper Reviews
Document Number: E5-784
Type: Notice
Date: 2005-02-25
Agency: Department of Commerce, International Trade Administration
On November 29, 2004, the U.S. Department of Commerce (``the Department'') published the preliminary results of the new shipper reviews of the antidumping order on honey from the People's Republic of China (69 FR 69350). These reviews cover four exporters, Anhui Honghui Foodstuff (Group) Co., Ltd. (``Anhui Honghui''), Eurasia Bee's Products Co., Ltd. (``Eurasia''), Inner Mongolia Youth Trade Development Co., Ltd. (``Inner Mongolia Youth''), and Jiangsu Kanghong Natural Healthfoods Co., Ltd. (``Jiangsu Kanghong''). The period of review (``POR'') is December 1, 2002, through November 30, 2003. Based on our analysis of the record, and on comments from the interested parties, we have made changes to the margin calculations of all four producers/exporters as described below. See ``Final Results of Review'' section below.
Notice of Amendment of License and Soliciting Comments, Motions To Intervene, and Protests
Document Number: E5-781
Type: Notice
Date: 2005-02-25
Agency: Department of Energy, Federal Energy Regulatory Commission
Records Governing Off-the Record Communications; Public Notice
Document Number: E5-780
Type: Notice
Date: 2005-02-25
Agency: Department of Energy, Federal Energy Regulatory Commission
Fisheries of the Caribbean, Southeastern Data, Assessment and Review (SEDAR); Fisheries of the South Atlantic; Fisheries of the Gulf of Mexico; Public Meeting
Document Number: E5-769
Type: Notice
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR process for the Caribbean Yellowtail Snapper and Spiny Lobster consists of a series of three workshops: a data workshop, an assessment workshop, and a review workshop. This is the eighth SEDAR cycle. The data workshop is completed. This is a notice of scheduling for the remaining workshops.
Fisheries of the South Atlantic; Southeastern Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: E5-768
Type: Notice
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The benchmark assessment of the South Atlantic black sea bass stock, completed in 2003 by SEDAR 2, will be updated with recent data during an assessment workshop to be held in Beaufort, NC.
Smaller Learning Communities Program
Document Number: E5-767
Type: Notice
Date: 2005-02-25
Agency: Department of Education
The Assistant Secretary for Vocational and Adult Education proposes a priority, requirements, definitions, and selection criteria under the Smaller Learning Communities (SLC) program. The Assistant Secretary will use the priority, requirements, definitions, and selection criteria for a competition using fiscal year (FY) 2004 funds and may use them in later years.
Financial Literacy and Education Commission's National Strategy Information Gathering Public Meetings
Document Number: 05-3821
Type: Notice
Date: 2005-02-25
Agency: Department of the Treasury, Department of Treasury
This notice announces six information-gathering public meetings to be held at various locations on behalf of a financial education national strategy working group of the Financial Literacy and Education Commission (Commission), established by the Financial Literacy and Education Improvement Act (Title V of the Fair and Accurate Credit Transactions Act of 2003).
Notice of Meeting of the Trinity Adaptive Management Working Group
Document Number: 05-3757
Type: Notice
Date: 2005-02-25
Agency: Fish and Wildlife Service, Department of the Interior
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces the cancellation of a meeting of the Trinity Adaptive Management Working Group (TAMWG). The TAMWG affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts to the Trinity Management Council. The meeting was scheduled to be held March 1, 2005 at the Veteran's Memorial Hall, 101 Memorial Lane, Weaverville, CA 96001. This meeting will be rescheduled at a later date.
Trade Adjustment Assistance for Farmers
Document Number: 05-3755
Type: Notice
Date: 2005-02-25
Agency: Department of Agriculture, Foreign Agricultural Service
Medicare Program; Request for Nominations to the Advisory Panel on Ambulatory Payment Classification Groups
Document Number: 05-3752
Type: Notice
Date: 2005-02-25
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice invites nominations of members to the Advisory Panel on Ambulatory Payment Classification (APC) Groups (the Panel). Seven vacancies will exist on the Panel as of March 31, 2005. The purpose of the Panel is to review the APC groups and their associated weights and to advise the Secretary of the Department of Health and Human Services (the Secretary) and the Administrator of the Centers for Medicare & Medicaid Services (CMS) (the Administrator) concerning the clinical integrity of the APC groups and their associated weights. The advice provided by the Panel will be considered as CMS prepares its annual updates of the hospital Outpatient Prospective Payment System (OPPS) through rulemaking. The panel was recently rechartered for a 2-year period through November 21, 2006. Nominations: Nominations will be considered if received no later than March 15, 2005 at 5 p.m. e.s.t. Mail or deliver nominations to the following address: CMS; Attn: Shirl Ackerman-Ross, Designated Federal Officer (DFO), Advisory Panel on APC Groups; Center for Medicare Management (CMM), Hospital & Ambulatory Policy Group (HAPG), Division of Outpatient Care (DOC); 7500 Security Boulevard, Mail Stop C4-05-17; Baltimore, MD 21244-1850. Web Site: For additional information on the APC Panel and updates to the Panel's activities, search our Web site at: https:// www.cms.hhs.gov/faca/apc/default.asp. Advisory Committees' Information Lines: You may also refer to the CMS Advisory Committee Information Hotlines at 1-877-449-5659 (toll- free) or 410-786-9379 (local) for additional information.
Medicare Program; Changes in Geographical Boundaries of Durable Medical Equipment Regional Service Areas
Document Number: 05-3729
Type: Notice
Date: 2005-02-25
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice announces changes to the geographical boundaries of the four Durable Medical Equipment (DME) service areas applicable to future awards of the Medicare Administrative Contracts (MACs). We identify which States and territories are assigned to each of the four DME service areas, and include the factors and criteria that we used to change the geographical boundaries.
Medicare Program; Durable Medical Equipment Regional Carrier Service Areas and Related Matters
Document Number: 05-3728
Type: Rule
Date: 2005-02-25
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule provides a mechanism for us to expeditiously make changes to the durable medical equipment regional carrier (DMERC) service area boundaries without notice and comment rulemaking. Through this mechanism, we can change the geographical boundaries served by the regional contractors that process durable medical equipment claims through issuance of a Federal Register notice and make other minor changes in the contract administration of the DMERCs. The mechanism provides a method for increasing or decreasing the number of DMERCs, changing the boundaries of DMERCs based on criteria other than the boundaries of the Common Working File sectors, and awarding new contractors to perform statistical analysis or maintain the national supplier clearinghouse. We will publish these changes and their justifications in a Federal Register notice, rather than through notice and comment rulemaking. Although we may change the number and configuration of regional carriers, we are not altering the criteria and factors that we use in awarding contracts. Through this final rule, we are improving the contracting process so that we can swiftly meet the challenges of the changing healthcare industry and address the changing needs of beneficiaries, suppliers, and the Medicare program.
Medicare Program; Procedures for Maintaining Code Lists in the Negotiated National Coverage Determinations for Clinical Diagnostic Laboratory Services
Document Number: 05-3727
Type: Notice
Date: 2005-02-25
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice finalizes the procedures proposed in the Federal Register on December 24, 2003 (68 FR 74607). It establishes the procedures for maintaining the lists of codes that were included in the national coverage determinations (NCDs) that were announced in an addendum to the final rule published in the Federal Register on November 23, 2001 (66 FR 58788). The final notice also sets forth the circumstances in which a laboratory is permitted to use the date a specimen was retrieved from storage for testing as the date of service instead of the date of collection.
Generalized System of Preferences (GSP): Notice Regarding Products in the 2004 Annual Review
Document Number: 05-3720
Type: Notice
Date: 2005-02-25
Agency: Office of the United States Trade Representative, Trade Representative, Office of United States, Executive Office of the President
The Office of the United States Trade Representative (USTR) received petitions in 2004 to modify the list of products that are eligible for duty-free treatment under the GSP program and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. The list of country practice petitions accepted for review will be announced in the Federal Register at a later date. This notice announces the product petitions that are accepted for further review in the 2004 GSP Annual Review, and sets forth the schedule for comment and public hearing on these petitions, for requesting participation in the hearing, and for submitting pre-hearing and post-hearing briefs.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: 05-3709
Type: Rule
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 interim total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Western Regulatory Area of the Gulf of Alaska
Document Number: 05-3708
Type: Rule
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 interim total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA.
Gulf of Mexico Fishery Management Council; Public Meetings
Document Number: 05-3707
Type: Notice
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council will convene its Law Enforcement Advisory Panel (LEAP).
New England Fishery Management Council; Public Meetings
Document Number: 05-3706
Type: Proposed Rule
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Oversight Committee in March, 2005. Recommendations from the committee will be brought to the full Council for formal consideration and action, if appropriate.
North Pacific Fishery Management Council; Teleconference Meeting
Document Number: 05-3705
Type: Notice
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) Ecosystem Committee will meet by teleconference; 907-271-2896.
Pacific Halibut Fisheries; Catch Sharing Plan
Document Number: 05-3704
Type: Rule
Date: 2005-02-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures governing the Pacific Halibut fishery which are approved by the Secretary of State. This action is intended to provide public notice of the effectiveness of these IPHC annual management measures and to inform persons subject to them of their restrictions and requirements.
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities
Document Number: 05-3703
Type: Rule
Date: 2005-02-25
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission addresses a Petition for Declaratory Ruling filed by Petitioner Hands On Video Relay Services, Inc. (Hands On) on December 29, 2004. Hands On requests a Declaratory Ruling that is ``Brown Bag Rewards Program,'' offered in connection with its provision of video relay service (VRS), a form of telecommunications relay service (TRS), does not violate any section of the Communications Act or any Commission rule. The Commission concludes that any program that involves the use of any type of financial incentives to encourage or reward a consumer for placing a TRS call, including the ``Brown Bag Rewards Program,'' is inconsistent with section 225 of the Communications Act of 1934 and the TRS regulations.
Liability Pursuant to Section 4062(e) of ERISA
Document Number: 05-3702
Type: Proposed Rule
Date: 2005-02-25
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The PBGC proposes to amend its regulations to provide a rule for computing liability under section 4063(b) of the Employee Retirement Income Security Act of 1974 (``ERISA'') when there is a substantial cessation of operations by an employer as described by section 4062(e) of ERISA.
Culturally Significant Objects Imported for Exhibition Determinations: “Pioneering Modern Painting: Cézanne and Pissarro 1865-1885”
Document Number: 05-3700
Type: Notice
Date: 2005-02-25
Agency: Department of State
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Pioneering Modern Painting: C[eacute]zanne and Pissarro 1865-1885,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owners. I also determine that the exhibition or display of the exhibit objects at The Museum of Modern Art, New York, NY from on or about June 24, 2005 to on or about September 12, 2005, Los Angeles County Museum from on or about October 20, 2005 to on or about January 16, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Middle East Partnership Initiative (MEPI) U.S. Business Internship Program for Young Middle Eastern Women
Document Number: 05-3699
Type: Notice
Date: 2005-02-25
Agency: Department of State
The Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs announces an open competition for Middle East Partnership Initiative (MEPI) U.S. Business Internship Program for Young Middle Eastern Women. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to administer the participant recruitment, selection, pre-program preparation and alumnae components of the MEPI U.S. Business Internship Program for Young Middle Eastern Women. Eligible countries/locales are listed under the heading Funding Opportunity Description in this RFGP.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: East Timor and South Pacific Scholarship Programs
Document Number: 05-3698
Type: Notice
Date: 2005-02-25
Agency: Department of State
The Office of Academic Programs of the Bureau of Educational and Cultural Affairs announces an open competition to administer the United States-East Timor (USET) Scholarship Program and the United States-South Pacific (USSP) Scholarship Program. Eligible applicants may submit a proposal to administer one or both of the scholarship programs. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to organize and carry out academic exchange program activities for students from East Timor and the sovereign island nations of the South Pacific (eligible nations are listed below in the Overview section). The grantee(s) will be responsible for all aspects of the programs, including publicity and recruitment of applicants; merit-based competitive selection; placement of students at an accredited U.S. academic institution; student travel to the U.S.; orientation; up to four years of U.S. degree study at the bachelor's or master's level; enrichment programming; advising, monitoring and support; pre-return activities; evaluation; and follow- up with program alumni. The duration of the grant(s) will be up to five years, beginning in Summer 2005. The Conference Report accompanying the FY-2005 Consolidated Appropriations Act (Pub. L. 108-447) earmarks $500,000 to support the U.S.-East Timor Scholarship Program and $500,000 to support the U.S.-South Pacific Scholarship Program. I. Funding Opportunity Description
Real Estate Mortgage Investment Conduits
Document Number: 05-3697
Type: Rule
Date: 2005-02-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to the application of the unified partnership audit procedures to disputes regarding the ownership of residual interests in a Real Estate Mortgage Investment Conduit (REMIC). These regulations will affect taxpayers that invest in REMIC residual interests.
Proposed Collection; Comment Request for Regulation Project
Document Number: 05-3696
Type: Notice
Date: 2005-02-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning existing final regulations, REG-208156-91 (TD 8929), Accounting for Long-Term Contracts (Sec. 1.460-1).
Proposed Collection; Comment Request for Forms 4070, 4070A, 4070PR, and 4070A-PR
Document Number: 05-3694
Type: Notice
Date: 2005-02-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 4070, Employee's Report of Tips to Employer, Form 4070A, Employee's Daily Record of Tips; Forma 4070PR, Informe al Patrono de Propinas Recibidas por el Empleado; Forma 4070A-PR, Registro Diario de Propinas del Empleado.
Proposed Collection; Comment Request for Revenue Procedure 2002-15
Document Number: 05-3693
Type: Notice
Date: 2005-02-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue procedure 2002-15, Automatic Relief for Late Initial Entity Classification ElectionsCheck the Box.
Art Advisory Panel-Notice of Availability of Report of 2004 Closed Meetings
Document Number: 05-3692
Type: Notice
Date: 2005-02-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Pursuant to 5 U.S.C. app. I section 10(d), of the Federal Advisory Committee Act, and 5 U.S.C. section 552b, the Government in the Sunshine Act, a report summarizing the closed meeting activities of the Art Advisory Panel during 2004 has been prepared. A copy of this report has been filed with the Assistant Secretary of the Treasury for Management.
Ocean Transportation Intermediary License Applicants
Document Number: 05-3691
Type: Notice
Date: 2005-02-25
Agency: Federal Maritime Commission, Agencies and Commissions
Ocean Transportation Intermediary License Rescission of Order of Revocation
Document Number: 05-3690
Type: Notice
Date: 2005-02-25
Agency: Federal Maritime Commission, Agencies and Commissions
Ocean Transportation Intermediary License Revocations
Document Number: 05-3689
Type: Notice
Date: 2005-02-25
Agency: Federal Maritime Commission, Agencies and Commissions
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-3687
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
EPA has environmental concerns about the proposed project's impacts to wetlands, water quality, air quality, stormwater management, noise, cumulative impacts, and leaking underground storage tanks. ERP No. D-FHW-J40168-UT Rating EC2, 11400 South Project, Proposed Improvement to the Transportation Network in the Southern Salt Lake Valley from 12300/12600 South to 10400/10600 South, and from Bangerter Highway to 700 East, Salt Lake City, Salt Lake County, UT. Summary: EPA has environmental concerns about the proposed project regarding indirect and cumulative impacts, which were not adequately analyzed in the document. ERP No. D-IBR-K30031-CA Rating 3, Central Valley Project, San Luis Unit Long-Term Water Service Contract Renewal, West San Joaquin Division, Cities of Avenal, Coalinga and Huron, Fresno, King and Merced Counties, CA. Summary: EPA commented that the Draft EIS did not analyze the proposed federal action of full delivery of contract quantities, the existing conditions and ongoing water quality degradation in the area, or the influence of drainage management on the proposed action. EPA recommended a Revised or Supplemental EIS be prepared that fully analyzes the proposed federal action and its potential environmental impacts. ERP No. D-NPS-K65275-AZ Rating EC2, Colorado River Management Plan, To Provide a Wilderness-Type River Experience for Visitors, General Management Plan, Grand Canyon National Park, Colorado River, Coconino County, AZ. Summary: EPA expressed concerns about the project's potential impacts to water quality and insufficient information regarding appropriate mitigation to minimize and avoid those impacts. EPA recommended that the National Park Service, Hualapai Tribe, and other partners obtain baseline and periodic water quality monitoring information in the lower gorge and adaptively manage activities over the life of this plan. ERP No. DR-CBP-K99031-AZ Rating EC2, Programmatic EISOffice of Border Patrol Operational Activities within the Border Areas of the Tucson and Yuma Sectors, Expansion of Operations of Technology-Based Systems, Completion and Maintenance of Approved Infrastructure, Cochise, Pima, Santa Cruz and Yuma Counties, AZ. Summary: EPA expressed environmental concerns about the project's impacts to air quality and wildlife habitat and requested additional information regarding the proposed action, mitigation, and the relationship to JTF-6 be included in the Final EIS.
Environmental Impact Statements; Notice of Availability
Document Number: 05-3686
Type: Notice
Date: 2005-02-25
Agency: Environmental Protection Agency
Citrus Canker; Quarantined Areas
Document Number: 05-3685
Type: Rule
Date: 2005-02-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the citrus canker regulations by updating the list of areas in the State of Florida quarantined because of citrus canker. To reflect the detection of citrus canker in an area adjacent to but outside of one current quarantined area in Florida, as well as in additional counties, we are expanding the boundaries of one existing quarantined area and adding several new areas to the list of quarantined areas. We are also removing a portion of one county from the list of quarantined areas because regular surveys have shown it to have been free of citrus canker for at least 2 years. These actions are necessary to prevent the spread of citrus canker into noninfested areas of the United States and to relieve restrictions that are no longer warranted.
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