March 2005 – Federal Register Recent Federal Regulation Documents

This notice advises all interested persons of a public meeting of the President's Advisory Panel on Federal Tax Reform.

The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Long Beach Bridge, at mile 4.7, across Reynolds Channel New York. This final rule allows the Long Beach Bridge to remain closed from 10 p.m. to midnight on July 3 each year. This rule is necessary to facilitate public safety during the annual fireworks display at Town Park on Lookout Point, New York.

We, the Fish and Wildlife Service (Service), give notice that we are reopening the comment period on the proposed rule to add blue- fronted amazon parrots (Amazona aestiva) from Argentina's sustainable- use management plan to the approved list of non-captive-bred (wild- caught) species under the Wild Bird Conservation Act of 1992 (WBCA). We are reopening the public comment period to enter into the record Dr. Jorge Rabinovich's 2004 study, ``Modeling the Sustainable Use of the Blue-Fronted Parrot (Amazona aestiva) in the Dry Chaco Region of Argentina,'' and to accept comments related to the relationship of this study to the proposed addition of blue-fronted amazon parrots from Argentina's program to the approved list of non-captive-bred (wild- caught) species under the WBCA. We invite all interested parties to submit comments on this study as it relates to the proposed action. Comments previously submitted on this proposed action need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.

The Indian Arts and Crafts Board collects information to identify and revise listings for the Source Directory of American Indian and Alaska native owned and operated arts and crafts businesses. Comments on renewal of this collection are requested from the public. After the public review, we will submit the information collection to OMB-OIRA for review and re-approval as required by the Paperwork Reduction Act of 1995.

The Food and Drug Administration (FDA) is issuing an interim final rule to amend the color additive regulations by increasing the fees for certification services. The change in fees will allow FDA to continue to maintain an adequate color certification program as required by the Federal Food, Drug, and Cosmetic Act (the act). The fees are intended to recover the full costs of operation of FDA's color certification program.

The NCUA is submitting the following information collection to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Alaska (FEMA-1584- DR ), dated 03/14/2005. Incident: Severe Winter Storm. Incident Period: 01/07/2005 through 01/12/2005. Effective Date: 03/14/2005. Physical Loan Application Deadline Date: 05/13/2005.

This is an amendment of the Presidential declaration of a major disaster for the State of Ohio (FEMA-1580-DR), dated February 15, 2005. Incident: Severe Winter Storms, Flooding, and Mudslides. Incident Period: December 22, 2004 through February 1, 2005.

The Coast Guard will be enforcing the special local regulations for the 26th Annual Safety at Sea Seminar, a marine event to be held April 2, 2005, on the waters of the Severn River at Annapolis, Maryland. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. The effect will be to restrict general navigation in the regulated area for the safety of spectators and vessels transiting the event area.

The Coast Guard proposes to permanently amend the special local regulation governing general navigation and anchorage in the vicinity of the Annual National Maritime Week Tugboat Races, Seattle, Washington. Changes made to this regulation will clarify its annual enforcement date. This change is intended to better inform the boating public and to improve the level of safety at this event. Entry into the area established is prohibited unless authorized by the Captain of the Port.

The Coast Guard is establishing a temporary safety zone in the Delaware River encompassing all waters from the Commodore Barry Bridge to the Benjamin Franklin Bridge. This temporary safety zone is needed for the T/V ATHOS 1 response operations and will protect cleanup crews from excessive wake caused by transiting vessels, provide for the safety of life, property and facilitate oil spill environmental response activities. All vessels transiting the safety zone must minimize wake as to not affect response operations.

The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB).

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EMSSAB), Fernald. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

A one to two page ``Executive Summary'' reflecting the grantee's overall strategy, timeline, and outcomes to be achieved in their grant proposal is required. The Executive Summary should include: The proposed area to be served through the activities of this grant. The years the grantee has served the residents in the proposed area to be served. The projects and activities that will expedite the reintegration of homeless veterans into the workforce. A summary of outcomes, benefits, and value added by the project. B. Section 2Technical Proposal consists of a narrative proposal that demonstrates the need for this particular grant program, the services and activities proposed to obtain successful outcomes for the homeless veterans to be served; and the applicant's ability to accomplish the expected outcomes of the proposed project design. The technical proposal narrative must not exceed fifteen (15) pages double-spaced, font size no less than 11 pt., no less than 1 inch margins, and typewritten on one (1) side of the paper only. Note: Resumes, charts, standard forms, transmittal letters, Memorandums of Understanding, agreements, lists of contracts and grants, and letters of support are not included in the technical proposal narrative page count. If provided, include these documents as attachments to the technical proposal. Attachments to the technical proposal are included in the maximum 75 single-sided pages per grant application limitation. Required Content: There are program activities that all applications must contain to be found technically acceptable under this SGA. Programs must be ``employment-focused'' and must be responsive to the rating criteria in Section V(1). The required program activities are: participant outreach and project awareness activities, pre- enrollment assessments, employment development plans for each enrolled participant, case management, job placement, job retention follow-up (at 90 and 180 days) after individual enters employment, utilization and coordination of employment services through the One-Stop System, including the DVOP and LVER staff, and with community linkages with other programs that provide support to homeless veterans. These activities are described in section I.3. of this SGA. The following format for the technical proposal is recommended: Need for the program: The applicant must identify the geographical area to be served and provide an estimate of the number of homeless veterans in the designated geographical area. Include poverty and unemployment rates in the area and identify the disparities in the local community infrastructure that exacerbate the employment barriers faced by the targeted veterans. Include labor market information and job opportunities in the employment fields and industries that are in demand in the geographical area to be served. Applicants are to clearly describe the proposed program awareness and participant outreach strategies. Approach or strategy to increase employment and job retention: Applicants must be responsive to the Rating Criteria contained in Section V(1) and address all of the rating factors as thoroughly as possible in the narrative. The applicant must: Describe the specific supportive employment and training services to be provided under this grant and the sequence or flow of such services; Indicate the type(s) of training that will be provided under the grant and how it relates to the jobs that are in demand, length of training, training curriculum, and how the training will improve the eligible veterans' employment opportunities within that geographical area; Provide a follow-up plan that addresses retention after 90 and 180 days with participants who have entered employment; Include the completed Planned Quarterly Technical Performance Goals (and planned expenditures) form listed in Appendix D. Linkages with facilities that serve homeless veterans: Describe program and resource linkages with other facilities that will be involved in identifying potential clients for this program. Describe any networks with other related resources and/or other programs that serve homeless veterans. Indicate how the program will be coordinated with any efforts that are conducted by public and private agencies in the community. Indicate how the applicant will coordinate with any continuum of care efforts for the homeless among agencies in the community. If a Memorandum of Understanding (MOU) or other service agreement with service providers exists, copies should be provided. Linkages with other providers of employment and training services to homeless veterans: Describe the linkages, networks, and relationships the proposed program will have with other providers of services to homeless veterans; include a description of the relationship with other employment and training programs in the One Stop System such as Disabled Veterans' Outreach Program (DVOP), the Local Veterans' Employment Representative (LVER) program, and programs under the Workforce Investment Act such as the Veterans' Workforce Investment Program (VWIP); list the type of services that will be provided by each. Note the type of agreement in place, if applicable. Linkages with the workforce investment system are required. Describe any networks with any other resources and/or other programs for homeless veterans. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exists, copies should be provided. Linkages with other Federal agencies: Describe program and resource linkages with the Department of Housing and Urban Development (HUD), Department of Health and Human Services (HHS), and Department of Veterans Affairs (DVA), to include the Compensated Work Therapy (CWT) and per diem programs. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exists, copies should be provided. Proposed supportive service strategy for veterans: Describe how supportive service resources for veterans will be obtained and used. If resources are provided by other sources or linkages, such as Federal, State, local, or faith-based and community programs, the applicant must fully explain the use of these resources and how they will be applied. If a Memorandum of Understanding (MOU) or other service agreement with other service providers exist, copies should be provided. Organizational capability to provide required program activities: The applicant's relevant current and prior experience (within the last three year period) in operating employment and training programs is to be clearly described, if applicable. A summary narrative of program experience and employment and training performance outcomes is required. The applicant must provide information showing outcomes of employment and training programs that it has had in the past three (3) years in terms of enrollments and participants who have entered into employment. An applicant that has operated a HVRP, other Homeless Employment and Training program, or VWIP program must also include the final or most recent technical performance report. Please note that the Department of Labor grant review panel members, who will be reviewing all grant applications submitted as a result of this SGA, do not have access to any reporting information systems during the review process, therefore, if final or most recent technical performance reports are not submitted, the grant application may be considered non-responsive. The applicant must also provide evidence of key staff capability. It is preferred that the grantee be a well established service provider and not in the initial start-up phase or process. Proposed housing strategy for homeless veterans: Describe how housing resources for eligible homeless veterans will be obtained or accessed. These resources must be from linkages or sources other than the HVRP grant such as HUD, HHS, community housing resources, DVA leasing, or other programs. C. Section 3The Cost Proposal must contain the following: Applicants can expect that the cost proposal will be reviewed for allocability, allowability, and reasonableness. (1) Standard Form SF-424, ``Application for Federal Assistance'' (with the original signed in blue-ink) (Appendix A) must be completed; The Catalog of Federal Domestic Assistance number for this program is 17.805 and it must be entered on the SF-424, in Block 10. The organizational unit section of Block 5 of the SF-424 must contain the Dun and Bradstreet Number (DUNS) of the applicant. Beginning October 1, 2003, all applicants for Federal grant funding opportunities are required to include a DUNS number with their application. See OMB Notice of Final Policy Issuance, 68 Federal Register 38402 (June 27, 2003). Applicants' DUNS number is to be entered into Block 5 of SF-424. The DUNS number is a nine-digit identification number that uniquely identifies business entities. There is no charge for obtaining a DUNS number. To obtain a DUNS number call 1-866-705-5711 or access the following Web site: https:// www.dunandbradstreet.com/ Requests for exemption from the DUNS number requirement must be made to the Office of Management and Budget. (2) Standard Form SF-424A ``Budget Information Sheet'' (Appendix B) must be included; (3) As an attachment to SF-424A, the applicant must provide a detailed cost breakout of each line item on the Budget Information Sheet. Please label this page or pages the ``Budget Narrative'' and ensure that costs reported on the SF-424A correspond accurately with the Budget Narrative; The Budget Narrative must include, at a minimum: Breakout of all personnel costs by position, title, annual salary rates, and percent of time of each position to be devoted to the proposed project (including sub-grantees) by completing the ``Direct Cost Descriptions for Applicants and Sub-Applicants'' form (Appendix E); Explanation and breakout of extraordinary fringe benefit rates and associated charges (i.e., rates exceeding 35% of salaries and wages); Explanation of the purpose and composition of, and method used to derive the costs of each of the following: travel, equipment, supplies, sub-awards/contracts, and any other costs. The applicant must include costs of any required travel described in this Solicitation. Planned travel expenditures will not exceed 5% of the total HVRP funds requested. Mileage charges may not exceed 40.5 cents per mile or the current Federal rate; All associated costs for obtaining and retaining participant information pertinent to the follow-up survey, at 90 and 180 days after the program performance period ends; Description/specification of, and justification for, equipment purchases, if any. Tangible, non-expendable, personal property having a useful life of more than one year and a unit acquisition cost of $5,000 or more per unit must be specifically identified; and Matching funds, leveraged funds, and in-kind services are not required for HVRP grants. However, if matching funds, leverage funds, or in-kind services are to be used, an identification of all sources of leveraged or matching funds and an explanation of the derivation of the value of matching/in-kind services must be provided. When resources such as matching funds, leveraged funds, and/or the value of in-kind contributions are made available, please show in Section B of the Budget Information Sheet. (4) A completed Assurance and Certification signature page (Appendix C) (signed in blue ink) must be submitted; (5) All applicants must submit evidence of satisfactory financial management capability, which must include recent (within the last 18 months) financial and/or audit statements. All successful grantees are required to utilize Generally Accepted Accounting Practices (GAAP), maintain a separate accounting for these grant funds, and have a checking account; (6) All applicants must include, as a separate appendix, a list of all employment and training government grants and contracts that it has had in the past three (3) years, including grant/contract officer contact information. VETS reserves the right to have a DOL representative review and verify this data; (7) A completed Survey on Ensuring Equal Opportunity for Applicants (Appendix F) must be provided. 3. Submission Dates and Times (Acceptable Methods of Submission): The grant application package must be received at the designated place by the date and time specified or it will not be considered. Any application received at the Office of Procurement Services after 4:45 p.m. EDT, April 28, 2005, will not be considered unless it is received before the award is made and: It is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the U.S. Department of Labor at the address indicated; or It was sent by registered or certified mail not later than the fifth calendar day before April 28, 2005; or It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5 p.m. at the place of mailing two (2) working days, excluding weekends and Federal holidays, prior to April 28, 2005. [rtarr8] Applicants may apply online at https://grants.gov. Applicants submitting proposals online are requested to refrain from mailing an application as well. Any application received after the deadline will not be considered and will not be evaluated. 4. Intergovernmental Review: Not Applicable. 5. Funding Restrictions: A. Proposals exceeding $300,000 will be considered non-responsive and will not be evaluated. B. There is a limit of one (1) application per submitting organization and physical location serving the same HVRP participant population. If two (2) applications from the same organization for the same physical location serving the same HVRP participant population are submitted, the application with the later date will be considered non- responsive. Please do not submit duplicate original grant applications as only one (1) grant application will be considered for funding purposes. C. Due to the limited availability of funding, if an organization was awarded Fiscal Year 2003 or Fiscal Year 2004 HVRP funds for a specific physical location serving the same HVRP participant population and will be receiving second and possible third year funding, then that organization at that specific physical location serving the same HVRP participant population will be considered ineligible to compete for FY 2005 HVRP funds. Therefore, due to the limited funding availability, we are unable to award more than one (1) HVRP grant per organization at a specific physical location serving the same HVRP participant population. D. There will not be reimbursement of pre-award costs unless specifically agreed upon in writing by the Department of Labor. E. Entities described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are not eligible to receive funds under this announcement because Section 18 of the Lobbying Disclosure Act of 1995, Public Law No. 104-65, 109 Stat. 691, prohibits the award of Federal funds to these entities. F. The only potential areas that will be served through this urban competition for HVRPs in FY 2005 are the metropolitan areas of the 75 U.S. cities largest in population and the metropolitan area of San Juan, Puerto Rico (see Appendix I). G. The U.S. Government is generally prohibited from providing direct financial assistance for inherently religious activities. The grantee may work with and partner with religious institutions; however, direct Federal assistance provided under grants with the U.S. Department of Labor may not be used for religious instruction, worship, prayer, proselytizing or other inherently religious activities. 29 CFR part 2, Subpart D governs the treatment in government programs of religious organizations and religious activities; the grantee and sub-awardees are expected to be aware of and observe the regulations in this Subpart. H. Limitations on Administrative and Indirect Costs Administrative costs, which consist of all direct and indirect costs associated with the supervision and management of the program, are limited to and will not exceed 20% of the total grant award. Indirect costs claimed by the applicant must be based on a Federally approved rate. A copy of the current negotiated approved and signed indirect cost negotiation agreement must be submitted with the application. Furthermore, indirect costs are considered a part of administrative costs for HVRP purposes and, therefore, may not exceed 20% of the total grant award. If the applicant does not presently have an approved indirect cost rate, a proposed rate with justification may be submitted. Successful applicants will be required to negotiate an acceptable and allowable rate within 90 days of grant award with the appropriate DOL Regional Office of Cost Determination or with the applicant's cognizant agency for indirect cost rates (See Office of Management and Budget web site at https://www.whitehouse. gov/omb/ grants/attach.html). Indirect cost rates traceable and trackable through the State Workforce Agency's Cost Accounting System represent an acceptable means of allocating costs to DOL and, therefore, can be approved for use in grants to State Workforce Agencies. 6. Other Submission Requirements: The only acceptable evidence to establish the date of mailing of a late application sent by registered or certified mail is the U.S. Postal Service postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. If the postmark is not legible, an application received after the above closing time and date shall be processed as if mailed late. ``Postmark'' means a printed, stamped or otherwise placed impression (not a postage meter machine impression) that is readily identifiable without further action as having been applied and affixed by an employee of the U.S. Postal Service on the date of mailing. Therefore applicants should request that the postal clerk place a legible hand cancellation ``bull's-eye'' postmark on both the receipt and the envelope or wrapper. Applications cannot be accepted by e-mail or facsimile machine. The only acceptable evidence to establish the date of mailing of a late application sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee is the date entered by the Post Office clerk on the ``Express Mail Next Day Service-Post Office to Addressee'' label and the postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. ``Postmark'' has the same meaning as defined above. Therefore, applicants should request that the postal clerk place a legible hand cancellation ``bull's-eye'' postmark on both the receipt and the envelope or wrapper. The only acceptable evidence to establish the time of receipt at the U.S. Department of Labor is the date/time stamp of the Procurement Services Center on the application wrapper or other documentary evidence or receipt maintained by that office. Applications sent by other delivery services, such as Federal Express, UPS, etc., will also be accepted. All applicants are advised that U.S. mail delivery in the Washington, DC area has been erratic due to security concerns. All applicants must take this into consideration when preparing to meet the application deadline, as you assume the risk for ensuring a timely submission, that is, if, because of these mail problems, the Department does not receive an application or receives it too late to give proper consideration, even if it was timely mailed, the Department is not required to consider the application.

On March 21, 2005, the Department of Commerce published notice in the Federal Register of a final determination of sales at not less than fair value in connection with the subject investigation (70 FR 13454). Accordingly, pursuant to section 207.40(a) of the Commission's Rules of Practice and Procedure (19 CFR 207.40(a)), the antidumping duty investigation concerning PET resin from Taiwan (investigation No. 731-TA-1079 (Final)) is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 24, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Thomson Licensing S.A. of Boulogne, France, and Thomson Licensing Inc. of Princeton, New Jersey. A letter supplementing the complaint was filed on March 18, 2005. The complaint, as supplemented, 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 color television receivers and color display monitors, and components thereof, by reason of infringement of claims 1 and 3 of U.S. Patent No. 4,836,651, claim 1 of U.S. Patent No. 5,041,888, claims 1, 5, and 7 of U.S. Patent No. 5,153,754, claims 1, 3, 5, and 6 of U.S. Patent No. 5,389,893, and claims 1 and 2 of U.S. Patent No. 5,452,195. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ``American Time Use Survey (ATUS).'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the Addresses section of this notice.