March 11, 2005 – Federal Register Recent Federal Regulation Documents

The Department of Justice is finalizing without change the interim final rule with request for comments published at 68 FR 66534, on November 26, 2003. The interim final rule implemented changes to the government-wide nonprocurement debarment and suspension common rule (NCR) and the associated rule on drug-free workplace requirements. The NCR sets forth the common policies and procedures that Federal Executive branch agencies must use in taking suspension or debarment actions. It also establishes procedures for participants and Federal agencies in entering covered transactions.

Under Title 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) seeks public comment on the advisability of adopting the proposed North American Industry Classification System (NAICS) updates for 2007. NAICS is a system for classifying establishments (individual business locations) by type of economic activity. Mexico's Instituto Nacional de Estad[iacute]stica, Geograf[iacute]a e Inform[aacute]tica (INEGI), Statistics Canada, and the United States Office of Management and Budget, through its Economic Classification Policy Committee (ECPC), collaborated on NAICS to make the industry statistics produced by the three countries comparable. OMB's Economic Classification Policy Committee recommends an update of the industry classification system to clarify existing industry definitions and content, recognize new and emerging industries, and correct errors and omissions. This notice: (1) Summarizes the background for the proposed revisions to NAICS 2002 in Part I, (2) contains a summary of public comments in Part II, (3) details multiple requests and major changes in the proposed structure agreed to by the three countries in Part III, and (4) provides a comprehensive listing of proposed changes for national industries and their links to NAICS 2002 industries in Part IV. OMB published a notification of intention to revise portions of NAICS in a December 27, 2002, Federal Register notice (67 FR 79500- 79506). That notice solicited comments on the advisability of revising maximum possible public input, OMB seeks comment on the advisability of revising the NAICS 2002 structure for 2007 to account for new and emerging industries and solicited comments on the advisability of making changes to improve international comparability, and other changes identified as necessary during the initial implementation of NAICS 2002. The deadline for submitting comments was March 28, 2003. After considering all proposals from the public, consulting with U.S. data users and industry groups, and undertaking extensive discussions with Statistics Canada and Mexico's INEGI, the ECPC in collaboration with INEGI and Statistics Canada developed recommendations for revisions to NAICS that would apply to all three North American countries. These revisions focus on improving the description of current industries, identifying new and emerging industries, and recommending changes to industry content based on research and implementation experience. There are no changes specifically recommended to increase international comparability. The ECPC recommends that NAICS United States 2007 incorporate changes as shown in Parts III and IV of this notice. Following an extensive process of development and discussions by the ECPC, with maximum possible public input, OMB seeks comment on the advisability of revising NAICS to incorporate the changes published in this notice. The modified NAICS would be employed in relevant data collections by all U.S. statistical agencies beginning with the reference year 2007. Statistics Canada and INEGI are recommending acceptance of the proposed revisions of the NAICS system for industry classification in the statistical programs of their national systems and are seeking comments in their respective countries. Representatives of the three countries will hold further discussions to consider public comments that they receive.

This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 30 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Advanced Technology Program Advisory Committee, National Institute of Standards and Technology (NIST), will meet Tuesday, March 22, 2005, from 9 a.m. to 3 p.m. The Advanced Technology Program Advisory Committee is composed of nine members appointed by the Director of NIST; who are eminent in such fields as business, research, new product development, engineering, education, and management consulting. The purpose of this meeting is to review and make recommendations regarding general policy for the Advanced Technology Program (ATP), its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include presentations on Insights from the Task Force on Innovation; Science and Technology in Austria: Small County, Great Expectations; Survey of ATP Applicants 2002; and Insights from ``Innovate America: National Innovation Initiative Report. A discussion scheduled to begin at 1 p.m. and to end at 3 p.m. on March 22, 2005, on ATP budget issues will be closed. Agenda may change to accommodate Committee business. All visitors to the National Institute of Standards and Technology site will have to pre-register to be admitted. Please submit your name, time of arrival, e-mail address and phone number to Donna Paul no later than Friday, March 18 and she will provide you with instructions for admittance. Ms. Paul's e-mail address is donna.paul@nist.gov and her phone number is 301/975-2162.

NMFS has evaluated the joint resource management plan (RMP) for harvest of Puget Sound chinook salmon provided by the Puget Sound Treaty Tribes and the Washington Department of Fish and Wildlife (WDFW) pursuant to the protective regulations promulgated for Puget Sound chinook salmon under the Endangered Species Act (ESA). The RMP specifies the management of commercial, recreational and tribal salmon fisheries and steelhead net fisheries that potentially affect listed Puget Sound chinook salmon from May 1, 2004, through April 30, 2010. The co-managers propose that the resource management plan be in effect for six years, from May 1, 2004, through April 30, 2010. However, a biological opinion issued by NMFS on June 10, 2004, titled ``Effects of Programs Administered by the Bureau of Indian Affairs supporting tribal salmon fisheries management in Puget Sound and Puget Sound salmon fishing activities authorized by the U.S. Fish and Wildlife Services during the 2004 fishing season'', is effective through April 30, 2005. Therefore, NMFS' evaluation and determination under the ESA 4(d) rule will only address May 1, 2005 to April 30, 2010, of the proposed duration of the RMP. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce (Secretary), has determined pursuant to the Tribal Rule and the government-to-government processes therein that implementing and enforcing the RMP from May 1, 2005, to April 30, 2010, will not appreciably reduce the likelihood of survival and recovery of the Puget Sound chinook salmon Evolutionarily Significant Unit (ESU).

The NMFS publishes this notice to extend the application deadline for the Western Pacific Demonstration Projects initiative. The original solicitation was published in the Federal Register on February 1, 2005. NOAA extends the application deadline for this initiative from March 15, 2005, to April 4, 2005, to provide the public more time to submit proposals. All other requirements for this solicitation remain the same.

The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must Be Received On or Before: April 10, 2005.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 727 airplanes. That AD currently requires repetitive detailed inspections to detect cracking, corrosion, and existing stop-drilled repairs of cracking in the upper chord of the rear spar of the wing; and repair if necessary. This new AD requires new repetitive inspections to detect cracks, corrosion, minor surface defects, and existing stop-drilled repairs of cracks in the upper and lower chords of the front and rear spars of the wing; and repair if necessary. This AD is prompted by our determination that further rulemaking action is necessary to require additional actions specified in the referenced service bulletin. We are issuing this AD to prevent structural failure of the wing and fuel leaks in the airplane due to stress corrosion cracking of the wing spar chords.

This document corrects a typographical error that appeared in airworthiness directive (AD) 2005-03-12 that was published in the Federal Register on February 14, 2005 (70 FR 7386). The typographical error resulted in an incorrect AD number. This AD is applicable to certain Airbus Model A330, A340-200, and A340-300 series airplanes. This AD requires initial and repetitive inspections of certain frame stiffeners to detect cracking and replacement of any cracked stiffener with a new, reinforced stiffener. Replacement of the stiffener constitutes terminating action for certain inspections. This AD also requires a one-time inspection of any new, reinforced stiffener; and repair or replacement of the new, reinforced stiffener if any cracking is found during the one-time inspection. This AD also provides for an optional terminating action for certain requirements of this AD.

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), announcement is made of the following committee meeting: Name of Committee: U.S. Army War College Subcommittee of the Army Education Advisory Committee. Dates of Meeting: April 28, 2005, and April 29, 2005. Place of Meeting: U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. Time of Meeting: 8:30 a.m.-5 p.m. Proposed Agenda: Receive information briefings; conduct discussions with the Commandant and staff and faculty; table and examine online College issues; assess resident and distance education programs, self- study techniques, assemble a working group for the concentrated review of institutional policies and a working group to address committee membership and charter issues; propose strategies and recommendations that will continue the momentum of Federal accreditation success and guarantee compliance with regional accreditation standards.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Snap Beans. At a 2003 meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified that the standard may need to be modified to allow percentages to be determined by count and not weight. Additionally, AMS is seeking comments regarding any other revisions that may be necessary to better serve the industry.

The Agricultural Marketing Service (AMS), of the Department of Agriculture (USDA) is soliciting comments on it's proposal to revise the United States Standards for Grades of Sweet Peppers. This action is being taken at the request of the Fruit and Vegetable Industry Advisory Committee, which asked AMS to review the grade standards for possible revision. AMS is proposing to revise the standards to report decay affecting the stems under the serious damage tolerance in all grades instead of the more restrictive tolerance of two percent for decay. Additionally, AMS is proposing to amend the similar varietal requirement to allow mixed colors and/or types when designated as speciality packs and remove the unclassified category. AMS is proposing to remove the requirement to re-designate lots of sweet peppers as ``Mixed Color'' in the grade statement when peppers fail to meet the color requirement. AMS is also proposing to include the Mixed Color designation as an option for any lot of sweet peppers intentionally packed with peppers of different color. The proposed revisions would bring the standards for sweet peppers in line with current marketing practices, thereby improving the usefulness of the standards in serving the industry.

The Agricultural Marketing Service (AMS), of the Department of Agriculture, is soliciting comments on a proposal to revise the United States Standards for Grades of Strawberries. AMS has received a petition from the California Strawberry Commission (CSC), requesting that the current standards be modified to allow percentages be determined on the basis of count and not volume. Additionally, AMS is seeking comments regarding any other revisions that may be necessary to better serve the industry.

The Agricultural Marketing Service (AMS) is withdrawing the notice soliciting comments on its proposal to amend the voluntary United States Standards for Grades of Cucumbers. After reviewing and considering the comments received, the Agency has decided not to proceed with this action.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Alpine County Resource Advisory Committee (RAC) will meet on Monday, April 25, at 18:00 at the Diamond Valley School for business meetings. The purpose of the meeting is to discuss issues relating to implementing the Secure Rural Schools and Community Self-Determination Act of 2000 (Payment to States) and expenditure of Title II funds. The meetings are open to the public.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Housing Terms and Conditions (WH-521). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.

The Federal Emergency Management Agency, 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 a proposed new information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning FEMA's Web site usability study to identify visitors' information needs, usage patterns, preferences, ease of use, and overall satisfaction.

The OCC, Board, and FDIC (collectively, ``federal banking agencies'' or ``the Agencies'') are issuing this notice of proposed rulemaking that would revise certain provisions of our rules implementing the Community Reinvestment Act (CRA). We plan to take this action in response to public comments received by the federal banking agencies and the Office of Thrift Supervision (OTS) on a February 2004 inter-agency CRA proposal and by the FDIC on its August 2004 CRA proposal. The current proposal would address regulatory burden imposed on some smaller banks by revising the eligibility requirements for CRA evaluation under the lending, investment, and service tests. Specifically, the proposal would provide a simplified lending test and a flexible new community development test for small banks with an asset size between $250 million and $1 billion. Holding company affiliation would not be a factor in determining which CRA evaluation standards applied to a bank. In addition, the proposal would revise the term ``community development'' to include certain community development activities, including affordable housing, in underserved rural areas and designated disaster areas.