March 30, 2005 – Federal Register Recent Federal Regulation Documents

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.

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.

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'').

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.