March 30, 2005 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2005-03-30-ReaderAids
Type: Reader Aids
Date: 2005-03-30
Open Meeting of the Earned Income Tax Credit Committee of the Taxpayer Advocacy Panel
Document Number: E5-1405
Type: Notice
Date: 2005-03-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Earned Income Tax Credit Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Committee will be discussing issues pertaining to the IRS administration of the Earned Income Tax Credit.
Proposed Collection; Comment Request for Form 12114
Document Number: E5-1404
Type: Notice
Date: 2005-03-30
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 12114, Continuation Sheet for Item 16 (Additional Information) OF-306, Declaration for Federal Employment.
Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products From Canada
Document Number: E5-1402
Type: Notice
Date: 2005-03-30
Agency: Department of Commerce, International Trade Administration
On September 2, 2004, the Department of Commerce published a notice of initiation of changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada. The review was initiated to determine the appropriate cash deposit rate for Produits Forestiers Saguenay Inc., a previously inactive holding company which began producing softwood lumber and exporting it to the United States as of June 1, 2004, and is currently owned by Abitibi Consolidated Company of Canada. We have preliminarily concluded that Produits Forestiers Saguenay Inc. should be assigned the same cash deposit rate as the Abitibi Group.
Sebacic Acid from the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order
Document Number: E5-1401
Type: Notice
Date: 2005-03-30
Agency: Department of Commerce, International Trade Administration
On November 26, 2004, the Department of Commerce (the Department) published the preliminary results of the changed circumstances review and intent to reinstate the Tianjin Chemicals Import and Export Corporation (Tianjin) in the antidumping duty order on exports of sebacic acid from the People's Republic of China (PRC). See Sebacic Acid From the People's Republic of China: Preliminary Results of Changed Circumstances Review and Intent to Reinstate the Antidumping Duty Order, 69 FR 68879 (November 26, 2004) (Preliminary Results). This review covers subject merchandise exported by Tianjin. The products covered by this order are all grades of sebacic acid which include, but are not limited to, CP Grade, Purified Grade, and Nylon Grade (see ``Scope of the Review'' section below). The period of review (POR) is July 1, 2002, through June 30, 2003. Based on our analysis of the comments received, we have made changes in the margin calculation. Therefore, the final results differ from the preliminary results. We determine that Tianjin sold subject merchandise at less than normal value (NV) during the referenced period, and hereby reinstate Tianjin in the order. The final weighted-average dumping margin is listed below in the section entitled ``Final Results of Review.''
Petroleum Wax Candles from the People's Republic of China: Rescission, in Part, of Antidumping Duty Administrative Review
Document Number: E5-1400
Type: Notice
Date: 2005-03-30
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is rescinding its administrative review of one company, Shangyu City Garden Candle Factory (``Garden Candle''), under the antidumping duty order on Petroleum Wax Candles from the People's Republic of China for the period August 1, 2003, through July 31, 2004. This rescission, in part, is based on the withdrawal for a request for review by Garden Candle. The Department is not rescinding its review of Shanghai R&R Import/ Export Co., Ltd (``Shanghai R&R'').
Initiation of Antidumping Duty Investigation: Superalloy Degassed Chromium From Japan
Document Number: E5-1399
Type: Notice
Date: 2005-03-30
Agency: Department of Commerce, International Trade Administration
Request for Public Comment on Short Supply Petition Under the North American Free Trade Agreement (NAFTA)
Document Number: E5-1398
Type: Notice
Date: 2005-03-30
Agency: Committee for the Implementation of Textile Agreements, Agencies and Commissions
On March 2, 2005 the Chairman of CITA received a request from Alston & Bird LLP, on behalf of Robinson Manufacturing Company (Robinson), alleging that certain woven fabrics, of the specifications detailed below, classified in the indicated subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the NAFTA region in commercial quantities in a timely manner and requesting that the President proclaim a modification of the NAFTA rule of origin. Robinson requests that the NAFTA rule of origin for boxer shorts classified under HTSUS 6207.11 should be modified to allow the use of non-North American woven fabrics of the type described below. The President may proclaim a modification to the NAFTA rules of origin only after reaching an agreement with the other NAFTA countries on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether woven fabrics of the type described below can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by April 29, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, D.C. 20230.
MxEnergy Electric Inc., et al.; Electric Rate and Corporate Filings
Document Number: E5-1397
Type: Notice
Date: 2005-03-30
Agency: Department of Energy, Federal Energy Regulatory Commission
Proposed Collection; Comment Request
Document Number: E5-1396
Type: Notice
Date: 2005-03-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Lonisson Communications Corporation; Order of Suspension of Trading
Document Number: 05-6358
Type: Notice
Date: 2005-03-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Tempo Financial Corporation; Order of Suspension of Trading
Document Number: 05-6357
Type: Notice
Date: 2005-03-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Urban Transfer Systems, Inc.; Order of Suspension of Trading
Document Number: 05-6356
Type: Notice
Date: 2005-03-30
Agency: Securities and Exchange Commission, Agencies and Commissions
STB Chip Corporation; Order of Suspension of Trading
Document Number: 05-6355
Type: Notice
Date: 2005-03-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act Meetings
Document Number: 05-6353
Type: Notice
Date: 2005-03-30
Agency: National Council on Disability, Agencies and Commissions
Agenda for Meeting of the Board of Directors; Sunshine Act
Document Number: 05-6339
Type: Notice
Date: 2005-03-30
Agency: Inter-American Foundation, Agencies and Commissions
Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments; Corrections
Document Number: 05-6323
Type: Rule
Date: 2005-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), will allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. This action also contains corrections to the Pacific Coast groundfish management measures.
Formations of, Acquisitions by, and Mergers of Bank Holding Companies
Document Number: 05-6322
Type: Notice
Date: 2005-03-30
Agency: Federal Reserve System, Agencies and Commissions
Members of Consumer Advisory Committee Named; Announcement of Date and Agenda of First Meeting and Future 2005 Meeting Dates
Document Number: 05-6319
Type: Notice
Date: 2005-03-30
Agency: Federal Communications Commission, Agencies and Commissions
This document announces the appointment of members to the Consumer Advisory Committee (``Committee'') of the Federal Communications Commission (``Commission''). The Commission further announces the date and agenda of the Committee's first meeting as well as future meeting dates in calendar year 2005.
Intercarrier Compensation
Document Number: 05-6318
Type: Rule
Date: 2005-03-30
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communication Commission (Commission) denies a petition for declaratory ruling filed by T-Mobile USA, Inc., Western Wireless Corporation, Nextel Communications and Nextel Partners, which asked the Commission to find that wireless termination tariffs are not a proper mechanism for establishing reciprocal compensation arrangements for the transport and termination of traffic. Because negotiated agreements between carriers are more consistent with the pro-competitive process and policies reflected in the 1996 Act than unilaterally imposed tariffs, however, the Commission also amends its rules to prohibit the use of tariffs in the future to impose compensation obligations with respect to non-access Commercial Mobile Radio Service (CMRS) traffic. Additionally, to ensure that incumbent local exchange carriers (LECs) are able to obtain a negotiated agreement, the Commission adds new rules to clarify that an incumbent local exchange carrier (LEC) may request interconnection from a CMRS provider and invoke the negotiation and arbitration procedures set forth in section 252 of the Communications Act and that during the period of negotiation and arbitration, the parties will be entitled to compensation in accordance with the interim rate provisions set forth in Sec. 51.715 of the Commission's rules, 47 CFR 51.715. These rules will ensure that both incumbent and competitive carriers can obtain compensation terms consistent with the Act's standards through negotiated or arbitrated agreements.
National Environmental Policy Act; Development of Nuclear Reactors for Space Electric Power Applications
Document Number: 05-6317
Type: Notice
Date: 2005-03-30
Agency: National Aeronautics and Space Administration, Agencies and Commissions
Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA's policy and procedures (14 CFR subpart 1216.3), NASA, in cooperation with the U.S. Department of Energy (DOE), intends to prepare a PEIS for the research and development activities associated with space nuclear fission reactors for electric power production in potential future NASA missions. The design and development effort would take advantage of relevant knowledge gained from earlier space nuclear reactor development efforts. NASA will hold public scoping meetings as part of the scoping process associated with the PEIS. If the proposed technology proves to be feasible for space applications, the first mission could be launched from the Cape Canaveral, Florida area. A separate mission-specific EIS would be prepared prior to launch of a space nuclear reactor powered mission.
Smaller Learning Communities Program
Document Number: 05-6316
Type: Notice
Date: 2005-03-30
Agency: Department of Education
The Assistant Secretary for Vocational and Adult Education announces final priorities, requirements, definitions, and selection criteria for a special competition under the Smaller Learning Communities (SLC) program. The Assistant Secretary may use these priorities, requirements, definitions, and selection criteria for a special competition using a portion of fiscal year (FY) 2004 funds and also in future years. The priorities, requirements, definitions, and selection criteria announced in this notice will not be used for all FY SLC 2004 competitions. Projects funded using these priorities, requirements, definitions, and selection criteria will create and/or expand SLC activities as well as participate in a national research evaluation of supplemental reading programs. The Department will conduct another SLC competition later this year, awarding additional FY 2004 funds, for projects that will not participate in the national research evaluation. Requirements, priorities, definitions, and selection criteria for that competition were proposed in a notice in the Federal Register on February 25, 2005. We announce these priorities, requirements, definitions, and selection criteria to focus Federal financial assistance on an identified national need for scientifically based data on supplemental reading programs for adolescents.
Approval of Revisions and Notice of Resolution of Deficiency for Clean Air Act Operating Permit Program in Texas
Document Number: 05-6314
Type: Rule
Date: 2005-03-30
Agency: Environmental Protection Agency
EPA is approving revisions to the Texas Title V operating permits program submitted by the Texas Commission on Environmental Quality (TCEQ) on December 9, 2002. In a Notice of Deficiency (NOD) published on January 7, 2002, EPA notified Texas of EPA's finding that the State's periodic monitoring regulations, compliance assurance monitoring (CAM) regulations, periodic monitoring and CAM general operating permits (GOP), statement of basis requirement, applicable requirement definition, and potential to emit (PTE) registration regulations did not meet the minimum Federal requirements of the Clean Air Act and the regulations for State operating permits pfrograms. This action approves the revisions that TCEQ submitted to correct the identified deficiencies. Today's action also approves other revisions to the Texas Title V Operating Permit Program submitted on December 9, 2002, which relate to concurrent review and credible evidence. The December 9, 2002, submittal also included revisions to the Texas State Implementation Plan (SIP). We published our final SIP approval in the Federal Register on November 14, 2003 (68 FR 64543). These revisions to Texas' operating permits program resolve all deficiencies identified in the January 7, 2002, NOD and removes the potential for any resulting consequences under the Act, including sanctions, with respect to the January 7, 2002, NOD.
Limited Approval and Promulgation of Implementation Plans; Texas; Excess Emissions During Startup, Shutdown and Malfunction Activities
Document Number: 05-6313
Type: Rule
Date: 2005-03-30
Agency: Environmental Protection Agency
This action finalizes limited approval of revisions to the Texas State Implementation Plan (SIP) concerning excess emissions for which we proposed approval on March 2, 2004. The revisions address reporting, recordkeeping, and enforcement actions for excess emissions during startup, shutdown, and malfunction (SSM) activities. This limited approval action is being taken under section 110 of the Federal Clean Air Act (the Act) to further air quality improvement by strengthening the SIP. See sections 1 and 3 of this document for more information.
Pacific Fishery Management Council; Public Meeting
Document Number: 05-6312
Type: Notice
Date: 2005-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Groundfish Stock Assessment Review (STAR) Panel for English sole, petrale sole, and starry flounder will hold a work session that is open to the public. The purpose of the meeting is to review draft stock assessment documents and any other pertinent information, work with the Stock Assessment Teams to make necessary revisions, and produce a STAR Panel report for use by the Council family and other interested persons. No management actions will be decided.
Adjustment of Cable Statutory License Royalty Rates
Document Number: 05-6311
Type: Notice
Date: 2005-03-30
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office of the Library of Congress announces the deadline for filing Notices of Intent to Participate in a CARP proceeding to adjust the rates for the cable statutory license and announces the dates of the 30-day negotiation period.
Special Conditions: Bombardier Aerospace Models BD-700-1A10 and BD-700-1A11 Global Express Airplanes; Enhanced Flight Visibility System (EFVS)
Document Number: 05-6310
Type: Proposed Rule
Date: 2005-03-30
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes special conditions for the Bombardier Aerospace Models BD-700-1A10 and BD-700-1A11 Global Express airplanes. These airplanes, as modified by Bombardier Aerospace Corporation, will have an Enhanced Flight Visibility System (EFVS). The EFVS is a novel or unusual design feature which consists of a head up display (HUD) system modified to display forward-looking infrared (FLIR) imagery. The regulations applicable to pilot compartment view do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that provided by the existing airworthiness standards.
Drawbridge Operation Regulations: Housatonic River, CT
Document Number: 05-6309
Type: Rule
Date: 2005-03-30
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the U.S. 1 Bridge, mile 3.5, across the Housatonic River at Stratford, Connecticut. Under this temporary deviation only one of the two-bascule leafs at the bridge need open for the passage of vessel traffic from April 1, 2005 through May 27, 2005. Two-leaf, full bridge openings, will be provided upon three days advance notice. This temporary deviation is necessary to facilitate rehabilitation repairs at the bridge.
Recreational Boating Safety Projects, Programs and Activities Funded Under Provisions of the Transportation Equity Act for the 21st Century; Accounting of
Document Number: 05-6308
Type: Notice
Date: 2005-03-30
Agency: Coast Guard, Department of Homeland Security
For each of 6 fiscal years starting in 1999, the Transportation Equity Act for the 21st Century has made $5 million available to the Secretary of Transportation for payment of Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. This notice is being published to satisfy a requirement of the Act that a detailed accounting of the projects, programs, and activities funded under the national recreational boating safety program provision of the Act be published annually in the Federal Register. In this notice we have specified the amount of monies the Coast Guard has committed, obligated or expended during fiscal year 2004, as of September 30, 2004.
Safety Zone; National Cherry Blossom Festival Fireworks Display, Potomac River, Washington, DC
Document Number: 05-6307
Type: Rule
Date: 2005-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the Upper Potomac River in the Washington Channel, Washington, DC. This safety zone is necessary to provide for the safety of life and property during a fireworks display being held during the annual National Cherry Blossom Festival in Washington, DC. This safety zone will restrict the movement of vessel traffic in the immediate area of the fireworks discharge site.
Drawbridge Operation Regulations; Chelsea River, MA
Document Number: 05-6306
Type: Proposed Rule
Date: 2005-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the P.J. McArdle Bridge, mile 0.3, across the Chelsea River between East Boston and Chelsea, Massachusetts. This proposed rule would allow the bridge to remain closed from 9 a.m. to 5 p.m. on June 18, 2005, to facilitate the second Annual Chelsea River Revel 5K Road Race. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Anchorage Grounds, Hampton Roads, VA
Document Number: 05-6305
Type: Proposed Rule
Date: 2005-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to revise the anchorage regulations in the Port of Hampton Roads. Infrastructure improvements and increases in vessel traffic and draft entering the port have prompted this proposed rulemaking. The proposed changes to this regulation will ensure that the Hampton Roads Anchorage Grounds continue to safely support current and future vessel anchoring demands. This supplemental notice of proposed rulemaking (SNPRM) discusses changes made to Anchorages J, K, and, L since publication of the notice of proposed rulemaking (NPRM) in the Federal Register on September 27, 2004 (69 FR 57656). The changes are explained in the section titled ``Discussion of Proposed Rule'' section of this document.
Notice of Lodging of Consent Decree Under the Clean Air Act
Document Number: 05-6303
Type: Notice
Date: 2005-03-30
Agency: Department of Justice
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska
Document Number: 05-6302
Type: Rule
Date: 2005-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of pollock specified for the West Yakutat District of the GOA.
Reports, Forms, and Record Keeping Requirements: Agency Information Collection Activity Under OMB Review; Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees
Document Number: 05-6301
Type: Notice
Date: 2005-03-30
Agency: Department of Homeland Security, Transportation Security Administration
This notice announces that TSA has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and clearance of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on November 26, 2004, 69 FR 68952.
Notice of Request for Proposals for Projects To Be Funded From the Water Quality Cooperative Agreement Allocation (CFDA 66.463-Water Quality Cooperative Agreements)
Document Number: 05-6300
Type: Notice
Date: 2005-03-30
Agency: Environmental Protection Agency
EPA Region 6 is soliciting proposals from eligible applicants interested in applying for Federal assistance for Water Quality Cooperative Agreements (WQCA) under the Clean Water Act (CWA) Section 104(b)(3). Funding is for projects conducted within the states of Arkansas, Louisiana, New Mexico, Oklahoma and Texas. Region 6 EPA intends to award an estimated $700,000 to eligible applicants through assistance agreements ranging in size, on average, from $40,000 up to $200,000 (Federal) for innovative projects/demonstrations/studies relating to the prevention, reduction, and elimination of water pollution. From the proposals received, EPA estimates up to 4 to 7 projects may be selected to submit full applications. The Agency reserves the right to reject all proposals and make no awards.
Certain Network Communications Systems for Optical Networks and Components Thereof; Notice of Investigation
Document Number: 05-6299
Type: Notice
Date: 2005-03-30
Agency: International Trade Commission, Agencies and Commissions
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 25, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ciena Corporation of Linthicum, Maryland. An amended complaint was filed on March 14, 2005. The amended complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain network communications systems for optical networks and components thereof by reason of infringement of claims 5-11, 13 and 14 of U.S. Patent No. 5,978,115 and claims 1-25 and 27-37 of U.S. Patent No. 6,618,176. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.
Revisions to the California State Implementation Plan; San Joaquin Valley Unified Air Pollution Control District
Document Number: 05-6298
Type: Proposed Rule
Date: 2005-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District's portion of the California State Implementation Plan (SIP). These revisions concern particulate matter emissions from agricultural operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Preliminary Risk Assessments for the Contaminants of Pentachlorophenol (Hexachlorobenzene and Dioxins/Furans); Notice of Availability
Document Number: 05-6297
Type: Notice
Date: 2005-03-30
Agency: Environmental Protection Agency
This notice announces the availability of documents that were developed as part of EPA's six-phase public participation reregistration process for pentachlorophenol (PCP). The Preliminary Risk Assessment (PRA) for PCP was published in the Federal Register on November 30, 2004, with a 60-day public comment period which ended on January 31, 2005. This notice announces the availability of the PRAs for hexachlorobenzene (HCB) and dioxins/furans, which are contaminants produced during the manufacture of PCP, and opens a 60-day public comment period.
Petition to Revoke or Modify Tolerances Established for Carbaryl; Notice of Availability
Document Number: 05-6296
Type: Notice
Date: 2005-03-30
Agency: Environmental Protection Agency
EPA is seeking public comment on a January 10, 2005, petition from the Natural Resources Defense Council (NRDC), available in docket number OPP-2005-0077, requesting that the Agency revoke, or in the alternative, modify all tolerances for the pesticide carbaryl. The petitioner, NRDC, requests this action to obtain what they believe would be proper application of the safety standards of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408, as amended by the Food Quality Protection Act (FQPA) of 1996. NRDC is filing this petition in response to a Notice of Availability for the Carbaryl Interim Reregistration Eligibility Decision (IRED), published in the Federal Register on October 27, 2004. The carbaryl IRED is available on the EPA website https://www.epa.gov/edocket under docket number OPP- 2003-0376 and on the Agency's pesticide web page, https://www.epa.gov/ pesticides/reregistration/status.htm.
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