March 7, 2005 – Federal Register Recent Federal Regulation Documents

Property Exempt From Levy
Document Number: 05-4383
Type: Rule
Date: 2005-03-07
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains the final regulations relating to property exempt from levy, which revise regulations currently published under Internal Revenue Code section 6334. The regulation reflects changes made by the IRS Restructuring and Reform Act of 1998 (the RRA 98) and provides guidance regarding: (1) Procedures for obtaining prior judicial approval of certain principal residence levies; (2) an exemption from levy for certain residences in small deficiency cases and for certain business assets in the absence of administrative approval or jeopardy; and (3) the applicable dollar amounts for certain exemptions. The regulation also reflects changes made by the Taxpayer Relief Act of 1997, which permits levy on certain specified payments with the prior approval of the Secretary.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota Specifications, General Category Effort Controls, and Catch-and-Release Provision
Document Number: 05-4378
Type: Rule
Date: 2005-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the final initial 2004 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories, to set General category effort controls, and to establish a catch-and-release provision for recreational and commercial BFT handgear vessels during a respective quota category closure. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic; Amendment 15
Document Number: 05-4377
Type: Proposed Rule
Date: 2005-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) have submitted Amendment 15 to the FMP for review, approval, and implementation by NMFS. Amendment 15 would establish a limited access system for the commercial fishery for Gulf and Atlantic group king mackerel, and change the fishing year for Atlantic migratory groups of king and Spanish mackerel to March 1 through February 28-29. The intended effect of Amendment 15 is to support the Council's efforts to achieve optimum yield in the fishery, and provide social and economic benefits associated with maintaining stability in the fishery.
Oriental Fruit Fly; Removal of Quarantined Area
Document Number: 05-4376
Type: Rule
Date: 2005-03-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Oriental fruit fly regulations by removing a portion of Los Angeles County, CA, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from this area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Oriental fruit fly into noninfested areas of the United States. We have determined that the Oriental fruit fly has been eradicated from this portion of Los Angeles County, CA, and that the quarantine and restrictions are no longer necessary.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the South Atlantic Region; Amendment 6
Document Number: 05-4375
Type: Proposed Rule
Date: 2005-03-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted Amendment 6 to the FMP for review, approval, and implementation by NMFS. Amendment 6 would modify the FMP's bycatch reduction device (BRD) framework by transferring authority from the Council to NMFS for the BRD testing protocol and by modifying the bycatch reduction criteria established in the BRD framework; require the use of BRDs in the rock shrimp fishery in the exclusive economic zone (EEZ) of the South Atlantic; establish bycatch reporting requirements for the shrimp fishery of the South Atlantic EEZ; require that all shrimp vessels harvesting penaeid shrimp in the South Atlantic EEZ obtain an annually renewable Federal shrimp vessel permit from NMFS; and establish or modify stock status criteria for white, brown, pink, and rock shrimp. The intended effect of Amendment 6 is to enhance the ecological efficiency of the shrimp fishery of the South Atlantic EEZ by better identifying the bycatch taken in the fishery and conserving those species found in the bycatch, while sustaining the viability of the shrimp fishery with a minimum of economic and social impacts.
Federal Communications Commission Seeks Additional Comment on the Speed of Answer Requirement for Video Relay Service (VRS)
Document Number: 05-4347
Type: Proposed Rule
Date: 2005-03-07
Agency: Federal Communications Commission, Agencies and Commissions
This document seeks public comment on a speed of answer requirement for the provision of Video Relay Service (VRS). The speed of answer requirement is currently waived as a mandatory minimum standard for VRS. The Federal Communications Commission (Commission) has reviewed the comments provided in response to the Further Notice of Proposed Rulemaking (FNPRM) contained in the 2004 TRS Report and Order, and found that they lack specificity on certain elements of a speed of answer rule. In this document, the Commission is seeking additional comment on whether a speed of answer rule should be adopted for VRS and, if so, what the rule should be.
Radio Broadcasting Services; East Harwich, Nantucket, and South Chatham, MA
Document Number: 05-4346
Type: Rule
Date: 2005-03-07
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Brewster Broadcasting Co. in its counterproposal to a petition for rulemaking by John Garabedian, allots Channel 254A at East Harwich, Massachusetts, as the community's first local FM service. Channel 254A can be allotted to East Harwich, Massachusetts, in compliance with the Commission's minimum distance separation requirements with a site restriction of 5.7 km (3.5 miles) southeast of East Harwich. The coordinates for Channel 254A at East Harwich, Massachusetts, are 41-40-33 North Latitude and 69-58-03 West Longitude.
Radio Broadcasting Services; Adams, MA; Ashtabula, OH; Crested Butte, CO; Lawrence Park, PA
Document Number: 05-4345
Type: Rule
Date: 2005-03-07
Agency: Federal Communications Commission, Agencies and Commissions
This document grants four new FM broadcast allotments in Adams, Massachusetts; Ashtabula, Ohio; Crested Butte, Colorado; Lawrence Park, Pennsylvania. The Audio Division, Media Bureau, at the request of Dana Puopolo, allots Channel 255A at Adams, Massachusetts, as the community's local aural transmission service. That allotment also requires a site change for Channel 255A at Rosendale, NY. Channel 255A is allotted to Adams in compliance with the Commission's minimum distance separation requirements with a site restriction of 1.6 kilometers (1 mile) west of the community. The reference coordinates for Channel 255A at Adams are 42-37-12 NL and 73-08-12 WL. The reference coordinates for Channel 255A at Rosendale are 41-54-47 NL and 74-09-00 WL. Since Adams is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence from the Canadian government has been received. See Supplementary Information, infra.
Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
Document Number: 05-4344
Type: Rule
Date: 2005-03-07
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Consumer & Governmental Affairs Bureau, on delegated authority from the Federal Communications Commission (Commission), announces the publication of the list of wireless domain names, in accordance with an order previously approved by the Commission and information collections requirements previously approved by the Office of Management and Budget, both of which were already published in the Federal Register.
Dioxin and Dioxin-Like Compounds; Toxic Equivalency Reporting; Community Right-To-Know Toxic Chemical Release Reporting
Document Number: 05-4339
Type: Proposed Rule
Date: 2005-03-07
Agency: Environmental Protection Agency
Under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA is proposing revisions to the reporting requirements for the dioxin and dioxin-like compounds category. Toxic equivalents (TEQs) are a weighted quantity measure based on the toxicity of each member of the dioxin and dioxin-like compounds category relative to the most toxic members of the category, i.e., 2,3,7,8-tetrachlorodibenzo-p-dioxin and 1,2,3,7,8-pentachlorodibenzo-p- dioxin. Under EPCRA section 313, EPA currently requires that facilities report dioxin and dioxin-like compounds in units of total grams for the entire category, and provide a single distribution of the individual dioxin and dioxin-like compounds at the facility. This distribution must represent either total releases, or releases to the media (air, land, water) for which the facility has the best information. The three options discussed in this proposed rule would require reporting (on a new TRI Form R-D) of available information on all relevant portions of the form (e.g., for each waste stream). One option would require the additional reporting of TEQs only. The two preferred options would require reporting of the mass quantity of each individual member of the category and differ primarily in whether the Agency or the facility would perform TEQ computations. Under each of these options, this new information would be in addition to the total grams data currently reported for the entire category and would replace the current reporting of a single distribution of the members of the category. EPA is proposing these revisions in response to requests from members of the public that EPA provide facilities with a method of reporting TEQ data. Comment is specifically sought on all options as well as EPA's preferences for implementing TEQ reporting.
Approval and Promulgation of State Plan for Designated Facilities and Pollutants; Nashville, TN
Document Number: 05-4337
Type: Rule
Date: 2005-03-07
Agency: Environmental Protection Agency
The United States Environmental Protection Agency is approving the section 111(d) /129 plan submitted by Tennessee for the Pollution Control District (PCD) of the Metro Public Health Department for Nashville/Davidson County on May 28, 2002, for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units that commenced construction on or before November 30, 1999.
Approval and Promulgation of State Plan for Designated Facilities and Pollutants; Nashville, TN
Document Number: 05-4336
Type: Proposed Rule
Date: 2005-03-07
Agency: Environmental Protection Agency
EPA proposes to approve the section 111(d)/129 State Plan submitted by Tennessee for the Pollution Control District (PCD) of the Metro Public Health Department for Nashville/Davidson County on May 28, 2002, for implementing and enforcing the Emissions Guidelines applicable to existing Commercial and Industrial Solid Waste Incinerators. The Plan was submitted to satisfy Federal Clean Air Act requirements. In the final rules section of this Federal Register, the EPA is approving the Nashville/Davidson County State Plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to the direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time.
Defense Priorities and Allocations System (DPAS): Electronic Transmission of Reasons for Rejecting Rated Orders
Document Number: 05-4326
Type: Rule
Date: 2005-03-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule revises the Defense Priorities and Allocations System to allow a person rejecting a rated order to give his or her reasons for the rejection through electronic means rather than requiring a person to submit the rationale in writing.
Licensing Policy for Entities Sanctioned Under Specified Statutes; License Requirement for Certain Sanctioned Entities; and Imposition of License Requirement for Tula Instrument Design Bureau
Document Number: 05-4325
Type: Rule
Date: 2005-03-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule states BIS's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia.
Withdrawal of Direct Final Rule for Surety Requirements
Document Number: 05-4323
Type: Rule
Date: 2005-03-07
Agency: Department of Agriculture, Rural Housing Service
The Rural Housing Service (RHS) is withdrawing the direct final rule to change the threshold for surety requirements, published on January 7, 2005 (70 FR 1325-26). RHS stated in the direct final rule that if it received adverse comments by March 8, 2005, the agency would publish a timely notice of withdrawal in the Federal Register. RHS subsequently received adverse comments and, therefore, is withdrawing the direct final rule.
Fire Protection Program-Post-Fire Operator Manual Actions Draft Regulatory Guide: Issuance, Availability
Document Number: 05-4314
Type: Proposed Rule
Date: 2005-03-07
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) proposes to amend its fire protection regulations for nuclear power facilities operating prior to January 1, 1979. The amendment would allow nuclear power plant licensees to use manual actions by plant operators as an alternative method to achieve hot shutdown conditions in the event of fires in certain plant areas, provided that the actions are evaluated against specified criteria and determined to be acceptable and that fire detectors and an automatic fire suppression system are provided in the fire area. The Commission believes that the proposed action would provide realistically conservative regulatory acceptance criteria for operator manual actions to achieve and maintain hot shutdown condition. The NRC is also proposing and requesting comments on a draft regulatory guide to support this proposed rulemaking. The NRC has developed the Regulatory Guide Series to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled ``Demonstrating the Feasibility and Reliability of Operator Manual Actions in Response to Fire,'' is temporarily identified by its task number, DG-1136, which should be mentioned in all related correspondence. This proposed regulatory guide offers guidance for NRC licensees and applicants to use in implementing the feasibility and reliability criteria that the staff developed for post-fire operator manual actions.
DNA Sample Collection From Federal Offenders Under the Justice for All Act of 2004
Document Number: 05-4303
Type: Rule
Date: 2005-03-07
Agency: Department of Justice
This document contains corrections to the interim rule published Monday, January 31, 2005, at 70 FR 4763, relating to DNA sample collection from federal offenders under the Justice for All Act of 2004. These corrections conform the references in the preamble to the actual paragraph designations in Sec. 28.2(b)(3) and also correct a typographical error.
Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD
Document Number: 05-4299
Type: Rule
Date: 2005-03-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending the special local regulations at 33 CFR 100.518, established for marine events held annually in the Severn River, Annapolis, Maryland by publishing the name of the events, the dates and modifying the boundaries of the regulated area. The marine events included in this rule include the Safety at Sea Seminar, U.S. Naval Academy crew races and the Blue Angels air show. This rule is intended to restrict vessel traffic in portions of the Severn River during the period of these marine events and is necessary to provide for the safety of life on navigable waters during the event.
Special Local Regulations; Rowing Regattas, Indian Creek, Miami Beach, FL
Document Number: 05-4294
Type: Rule
Date: 2005-03-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary special local regulations for several rowing regattas on Indian Creek, in the vicinity of the 63rd Street Bridge, Miami Beach, Florida. This rule is necessary to insure the safety of life of participants and spectators in the regatta area. This rule is intended to restrict vessels from entering the regulated area during the events unless specifically authorized by the Captain of the Port, Miami, Florida, or his designated representative. The rule further prohibits anchoring or mooring in the regulated area during the events.
Modification of Class E Airspace; Macon, MO
Document Number: 05-4286
Type: Rule
Date: 2005-03-07
Agency: Federal Aviation Administration, Department of Transportation
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Macon, MO. A review of controlled airspace currently titled Macon-Fower, MO revealed it does not conform to proper format, does not reflect the correct name of the airport nor its correct airport reference point (ARP) and does not comply with criteria for 700 feet above ground level (AGL) airspace required for diverse departures. The area is renamed, modified and enlarged to conform to the criteria in FAA Orders.
Proposed Establishment of Class E2 Airspace; and Modification of Class E5 Airspace; Monett, MO
Document Number: 05-4285
Type: Proposed Rule
Date: 2005-03-07
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes to create a Class E surface area at Monett, MO. It also proposes to modify the Class E5 airspace at Monett, MO.
United States-Chile Free Trade Agreement
Document Number: 05-4156
Type: Rule
Date: 2005-03-07
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
This document amends the Customs and Border Protection (``CBP'') Regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Chile Free Trade Agreement entered into by the United States and the Republic of Chile.
Standards for Development and Use of Processor-Based Signal and Train Control Systems
Document Number: 05-3955
Type: Rule
Date: 2005-03-07
Agency: Federal Railroad Administration, Department of Transportation
FRA is issuing a performance standard for the development and use of processor-based signal and train control systems. The rule also covers systems which interact with highway-rail grade-crossing warning systems. The rule establishes requirements for notifying FRA prior to installation and for training and recordkeeping. FRA is issuing these standards to promote the safe operation of trains on railroads using processor-based signal and train control equipment.
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