March 21, 2005 – Federal Register Recent Federal Regulation Documents

On February 11, 2005, the Department of Commerce (``the Department'') published the final results of its administrative review of the antidumping duty order on small diameter circular seamless carbon and alloy steel standard, line and pressure pipe from Brazil for the period August 1, 2002, through July 31, 2003. See Notice of Final Results of Antidumping Duty Administrative Review: Small Diameter Circular Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil, 70 FR 7243 (February 11, 2005) (``Final Results''). We are amending our Final Results to correct ceratin ministerial errors alleged by the respondent V&M do Brasil, S.A. (``VMB'') pursuant to section 751(h) of the Tariff Act of 1930, as amended (``the Act'').

The Department of Commerce (the Department) has reached a final determination that countervailable subsidies are not being provided to producers of bottle-grade (BG) PET Resin from Thailand. For information on the estimated countervailable subsidy rates, please see the ``Final Determination'' section of this notice.

The Department of Commerce (the Department) has reached a final determination that countervailable subsidies are being provided to producers and exporters of Bottle-Grade (BG) Polyethylene Terephthalate (PET) Resin from India. For information on the estimated countervailable subsidy rates, please see the ``Final Determination'' section of this notice.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD is requesting approval to continue the current information collection requirements.

This final rule modifies or clarifies our interpretations in several areas of the final rule titled ``Medicare Prescription Drug Benefit'' published in the Federal Register on January 28, 2005. First, it clarifies our interpretation of ``entity'', to respond to inquiries we received subsequent to the publication of the Prescription Drug Benefit (Part D) final rule on January 28, 2005. We were asked whether a joint enterprise could be considered an ``entity'' under section 1860D-12(a)(1) of the Social Security Act (the Act), for purposes of offering a prescription drug plan (PDP). Our interpretation is discussed in the Supplementary Information section of this final rule. Second, also subsequent to the publication of the Prescription Drug Benefit (Part D) final rule on January 28, 2005, we received inquiries from parties about our discussion of the actuarial equivalence standard and the manner in which an employee health plan sponsor could apply the aggregate net value test in the regulatory text of the final rule. Our interpretation is discussed in the ``Provisions'' section of this final rule. In addition, subsequent to publishing the August 3, 2004 proposed rule (69 FR 46684), we received comments on how the late enrollment penalty would be coordinated with the late enrollment penalty for Part B, and whether the one percent penalty would be sufficient to control for adverse selection. We clarify in the Provisions section of this final rule that the example given in the proposed rule, published on August 3, 2004, did not accord with the proposed or final regulatory language because it did not account for the fact that the base beneficiary premium increases on an annual basis. To remedy this error and in response to comments received on the proposed rule, we provide an interpretation that as the base beneficiary premium increases, the late enrollment penalty must also increase, and is in keeping with how the Part B penalty is calculated. Finally, we are providing clarifying language related to transitioning Part D enrollees from their prior drug coverage to their new Part D plan coverage. The Medicare Prescription Drug Benefit final rule will take effect on March 22, 2005. Our interpretations are deemed to be included in that final rule.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. Type of Request: Emergency Review. Originating Office: Bureau of Consular Affairs, CA/PPT/FO/FC. Title of Information Collection: U.S. Passport Re-Application Form. Frequency: On occasion. Form Number: DS-5504. Respondents: Individuals or Households. Estimated Number of Respondents: 50,000 per year. Average Hours per Response: 30 minutes. Total Estimated Burden: 25,000 hours per year. The proposed information collection is published to obtain comments from the public and affected agencies. Emergency approval of this collection was granted by OMB January 13, 2005. The approval is valid until June 30, 2005. Comments should be directed to the State Department Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20530, who may be reached on (202) 395- 4718. During the first 60 days of this same period a regular review of this information collection is also being undertaken. Comments are encouraged and will be accepted until 60 days from the date that this notice is published in the Federal Register. The agency requests written comments and suggestions from the public and affected agencies concerning the proposed collection of information. Your comments are being solicited to permit the agency to: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, including through the use of automated collection techniques or other forms of technology.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. Type of Request: Emergency Review. Originating Office: Bureau of Consular Affairs, CA/PPT/FO/FC. Title of Information Collection: Application for a U.S. Passport By Mail. Frequency: On occasion. Form Number: DS-82. Respondents: Individuals or households. Estimated Number of Respondents: 2,900,000 per year. Average Hours per Response: 40 minutes. Total Estimated Burden: 1,933,333 hours per year. The proposed information collection is published to obtain comments from the public and affected agencies. Emergency approval of this collection was granted by OMB January 13, 2005. The approval is valid until June 30, 2005. Comments should be directed to the State Department Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20530, who may be reached on (202) 395- 4718. During the first 60 days of this same period a regular review of this information collection is also being undertaken. Comments are encouraged and will be accepted until 60 days from the date that this notice is published in the Federal Register. The agency requests written comments and suggestions from the public and affected agencies concerning the proposed collection of information. Your comments are being solicited to permit the agency to: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, including through the use of automated collection techniques or other forms of technology.

This document provides a modification to the Bureau of Customs and Border Protection's (CBP) National Customs Automation Program (NCAP) test, announced in conjunction with the Department of Transportation, Federal Motor Carrier Safety Administration, concerning the transmission of automated truck manifest data. The original notice announcing this test stated that the transmission of certain data elements is requested, but not required. This notice emphasizes that all relevant data elements (with a single exception, as explained in this notice) are required to be submitted in the automated truck manifest submission. Additionally, this notice re-publishes the data elements required for participation in the test.

NMFS has received an application from the Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a low-energy, shallow- penetrating seismic survey and scientific rock dredging program around the Aleutian Islands. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to L-DEO to incidentally take, by harassment, small numbers of several species of cetaceans and pinnipeds for a limited period of time within the next year.

Notice is hereby given that the NMFS Northeast Fisheries Science Center (Responsible Official- Dr. John Boreman), 166 Water Street, Woods Hole, MA 02543-1097, has requested a modification to scientific research Permit No. 1295.

Notice is hereby given that Paul Nachtigall, Ph.D., University of Hawaii at Manoa, Hawaii Institute of Marine Biology, P.O. Box 1346, Kaneohe, Hawaii 96744, has been issued an amendment to scientific research Permit No. 978-1567-00.