July 13, 2005 – Federal Register Recent Federal Regulation Documents

NMFS announces that persons who enter the bottomfish fishery in the U.S. exclusive economic zone (EEZ) around the main Hawaiian Islands (MHI) after June 2, 2005, (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (Council) prepares and NMFS approves a program limiting entry or effort. This action does not commit the Council or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the MHI bottomfish fishery. The Council or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.

The International Telecommunication Advisory Committee announces various meetings of the ITAC Study Groups for the remainder of the calendar year in preparation for technical and advisory group meetings of the International Telecommunication Union, Telecommunication Standardization Sector (ITU-T), and the OAS Inter American Telecommunication Commission (CITEL). Members of the public will be admitted to the extent that seating is available, and may join in the discussions, subject to the instructions of the Chair. The International Telecommunication Advisory Committee (ITAC) will meet to prepare for ITU-T Study Group 3, Charging and Accounting Principles, on Thursday, July 28; Wednesday, August 17; and August 24, 2005, both from 2-4 p.m. in the Washington, DC metro area. Directions to the meeting location and conference bridge information (if any) may be obtained from Julian Minard: minardje@state.gov. The International Telecommunication Advisory Committee (ITAC) will meet to prepare for ITU-T Study Group 17, Security, by e-mail between July 29 and August 3 and between September 5 and 10, 2005. An additional SG17 preparatory meeting will be held in the Washington, DC area on Thursday August 11, 2005. Access to these meetings may be arranged by contacting Julian Minard at minardje@state.gov. The International Telecommunication Advisory Committee (ITAC) will meet to prepare for the ITU-T Advisory Group on Thursday, September 8; Thursday September 29; and Thursday, October 13, 2005, all from 2-4 p.m. Access to these meetings may be arranged by contacting Julian Minard at minardje@state.gov. The International Telecommunication Advisory Committee (ITAC) will meet to prepare for the meeting of CITEL Permanent Consultative Committee I, Telecommunication Standardization, on Friday, July 29, from 9 a.m. -noon, and Tuesday, August 16, from 2-4 p.m. Access to these meetings may be arranged by contacting Julian Minard at minardje@state.gov. The International Telecommunication Advisory Committee (ITAC) will meet to prepare for the meeting of the CITEL Permanent Executive Committee (COM/CITEL) on Wednesday, September 7; Wednesday, October 12; Wednesday, November 16; and Wednesday, November 30, all from 2-4 p.m. Access to these meetings may be arranged by contacting Julian Minard at minardje@state.gov.

Pursuant to 43 Code of Federal Regulations (CFR) Subpart 8364, the Bureau of Land Management (BLM) announces its intentions to temporarily close certain BLM-administered public lands to all types of motor vehicle use during the period of time the Buffalo Field Office develops, completes, and approves a management plan for recently acquired lands. These lands are hereafter referred to as ``Welch Management Area.'' This temporary closure is needed to protect public lands and resources from the effects of unauthorized use and motorized vehicle use of existing roads and two-track trails that were present when the land was transferred to the United States Government.

Notice is hereby given in accordance with the provision of Section 1413 of the Safe Drinking Water Act as amended, and the National Primary Drinking Water Implementation Regulations that the Commonwealth of Pennsylvania is revising its approved Public Water System Supervision Program. Pennsylvania has adopted the Long Term 1 Enhanced Surface Water Treatment Rule to improve control of microbial pathogens in drinking water, including specifically the protozoan Cryptosporidium, and the Filter Backwash Recycling Rule to require water systems to institute changes to return recycle flows of a plant's treatment process that may compromise pathogen treatment. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations except for one minor omission to the Commonwealth's regulations. The item concerns Tier 3 public notification for reporting violations. This omission will be addressed through a future rulemaking. The Pennsylvania Department of Environmental Protection committed to complete this rulemaking in a letter of intent from the Chief of the Division of Drinking Water Management dated March 29, 2005. This letter includes the draft content of the regulatory change and a schedule, with milestones, for completing this revision. Therefore, EPA is taking action to tentatively approve these program revisions. All interested parties are invited to submit written comments on this determination and may request a public hearing.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for a new collection. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This notice announces the availability of EPA's human health and environmental fate and effects risk assessments and related documents for the chlorinated triazine pesticide simazine, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing an Interim Reregistration Eligibility Decision (IRED) for simazine through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), announces three meetings of the Board of Scientific Counselors (BOSC) Global Change Subcommittee. The conference calls and face-to-face meeting will focus on reviewing the Office of Research and Development's Global Change Research Program.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing, approved ``emergency'' collection. This ICR is scheduled to expire on September 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This notice is to inform interested parties of changes made to the Funding Opportunity for Projects to Establish Public Assistance Reporting Information System (PARIS) State Partnership Grants published on Monday, April 25, 2005, with a due date for applications of June 24, 2005, which is now extended until August 8, 2005. 1. The following changes are made to Section I, ``Funding Opportunity Description'': a. There will be separate grants awarded to each Member and Partner State, such that a Member State will no longer have fiduciary responsibility for its Partner State [page 21222]; b. The following paragraph is struck: ``After evaluation of all grant applications, and if chosen for an award, the Member state will be awarded a grant under which it will act as a fiduciary agent to the Partner state. The Member state will be responsible for all funding that is provided to its Partner state and will reimburse funding provided hereunder, as costs are incurred, for specific items delineated in its approved grant application budget and in accordance with HHS fiscal and grants management requirements.'' [page 21222] and replaced with: ``Separate applications for a partnership agreement must be submitted by both the Member State and the Partner State with separate budget requests. An application from a Partner State must identify its Member State and an application from a Member State must identify its Partner State. As costs are incurred for specific items delineated in the approved grant application budgets, States must adhere to HHS fiscal and grants management requirements.''; c. The phrase ``Member State'' is struck and replaced with ``State'' in the paragraph that reads: ``This list is meant to be illustrative, not exhaustive of the type of issues the Member state should address when preparing the application.'' [page 21222]; 2. The following changes are made to Section I, ``Funding Opportunity Description,'' under the ``parameters'' list [page 21222]: a. In the first sentence in paragraph (3), the phrase ``the Member State'' is replaced with ``each applicant'' so that the sentence reads, ``Each applicant must provide a proposed budget that includes the resources and associated costs it believes are necessary to participate in the match process.'' The second sentence is revised to read: ``The proposed budgets will be evaluated for adequacy, reasonableness, and to ensure that implementation of the partnership will be both operationally effective and successful''; b. The language in paragraph (5) is struck and replaced with: ``For Member States to be eligible for this funding opportunity they must have participated in at least two of the last six PARIS matches from (February 2004 through May 2005)''; c. The language in paragraph (6) is struck and replaced with: ``Applicants are cautioned that the ceiling for each grant award is $200,000 for a Partner State and $100,000 for a Member State. Applications exceeding the $200,000/$100,000 threshold will be considered non-responsive and will not be eligible for funding under this announcement''; d. The first sentence in paragraph (7) is struck and replaced with: ``Two applications must be submitted for each identified partnership One from a Member State and one from a Partner State.''; e. The language in paragraph (8) is struck and replaced with: ``The Partner State must enroll in the PARIS Project and provide a copy of the PARIS agreement to ACF prior to the grant award issuance in order to document the Partner State's consent to the project. The following link shows the PARIS Agreement: https://www.acf.hhs.gov/nhsitrc/paris/ agreepar.html ''; f. The language in paragraph (10) is struck and replaced with: ``Besides the Interstate and Veterans matches, States are encouraged to participate in any additional matches available, such as the Federal match.''; 3. The following changes are made to Section II, ``Award Information'': The ``Ceiling on the Amount of Individual Awards Per Project Period'' and the ``Average Projected Award Amount Per Project Period'' are revised as follows: ``$200,000 for a Partner State and $100,000 for a Member State'' [page 21223]; 4. The following changes are made to Section III.1, ``Eligibility Information, Additional Information on Eligibility'' [page 21223]: a. The first sentence is struck and replaced with, ``In the context of this grant announcement, eligible applicants include both Member States of PARIS and proposed Partner States as defined in Section I, ``Funding Opportunity Description.'' To be considered an eligible Member State, the State must have participated in at least two of the last six quarterly matches from February 2004 through May 2005.''; b. The sentence reading: ``The following States meet this eligibility factor'' now includes Oregon in the list of eligible Member States; c. The sentence that reads ``* * * and only these Member States may submit applications under this grant'' is struck and replaced with ``only these eligible Member States may qualify to submit applications under this grant announcement as Member States defined in this grant announcement.''; d. The sentence reading, ``The application must include the Partnership agreement as well as the appropriate signed PARIS agreement for the Partner State,'' is struck and replaced with: ``The application need only identify the other State in the Partnership in lieu of attaching the actual agreement; however, a signed PARIS agreement and Partnership agreement must both be provided to ACF prior to the grant award issuance.'' 5. The following changes are made to Section III (3), ``Eligibility Information, Other, Disqualification Factors'' [page 21223]: a. The sentence stating, ``Applications that are not submitted by a Member state,'' is struck and replaced with: ``Applications that are not submitted by a State.'' ; b. The following sentence is struck: ``Applications that fail to include a written Partnership agreement between the Member state and Partner state.''; c. The following sentence is struck: ``Applications that fail to provide a signed PARIS agreement by the Partner state.''; d. In the sentence that reads, ``Applications that fail to specify at least two of the last six quarterly PARIS matches from November 2003 through February 2005 in which the Member state has participated,'' the dates are struck and replaced with ``February 2004'' and ``May 2005'' respectively. 6. The following changes are made to IV.2, ``Application and Submission Information, Content and Form of Application Submission'': a. The sentence, ``Applications must contain a partnership agreement from the Partner State indicating its agreement to team with the Member State for purposes of this grant'' is struck and replaced with: ``Applications should identify what other State, be they a Member State or a Partner State, they are teaming with. The teaming or partnership agreement must be submitted to ACF prior to grant award issuance.'' [page 21223]; b. The sentence, ``Note that the application requires proof of an agreement between the PARIS Member State and its Partner State as well as a signed PARIS agreement (available on the PARIS website)'' is struck and replaced with: ``The proof of agreement between the PARIS Member State and its Partner State, as well as a signed PARIS agreement (available on the PARIS website), must both be submitted to ACF prior to grant award issuance.'' [page 21224]; 7. The following changes are made to Section IV. 3, ``Submission Dates and Times, Due Date for Applications'': The due date for applications is extended from June 24, 2005 to August 8, 2005. [page 21224]; 8. The following changes are made to Section IV.3, the ``Checklist'': Under the ``When to Submit'' column, the language for the PARIS Agreement and Partnership Agreement is replaced with, ``By date of award.'' [page 21225]; 9. The following changes are made to Section V, ``Application Review Information, Evaluation Criteria'' [page 21228]: a. The paragraph under the criterion ``Approach'' is struck and replaced with: ``Applications will be evaluated in terms of the extent to which they include a plan that (1) reflects the understanding of the characteristics, needs and services that are available from the PARIS Project and the potential for a Partnership agreement achieving the provision of services that directly address the fulfillment of the PARIS Project; (2) is appropriate and feasible; (3) can be reliably evaluated; (4) if successfully implemented, can be sustained after Federal funding has ceased.''; b. The point value for the criterion ``Budget and Budget Justification'' is revised from 10 points to 15 points; c. The entire criterion ``Third-Party Agreements'' worth 5 points is struck. 10. The second full paragraph in Section V(2), ``Review and Selection Process'' is revised to read: ``If an insufficient number of acceptable applications, as determined by ACF, are received under this program announcement ACF has the option of negotiating and awarding grant amounts higher than the $200,000 award ceiling for Partner States and $100,000 award ceiling for Member States, set forth in this announcement among those applicants who have submitted acceptable applications.''

The Food and Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) between the Food and Drug Administration and the Food and Drug Administration Alumni Association, Inc., (FDAAA). FDA and FDAAA agree to partner on future specific undertakings that are considered beneficial to both organizations, are directly related to the mission of FDA, and are within FDA's statutory authorities.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 172: Future Air-Ground Communications in the VHF Aeronautical Data Band (118-137 MHz).

NHTSA received a letter asking us to extend the comment period for the Notice of Proposed Rulemaking (NPRM) to amend the Federal motor vehicle safety standard (FMVSS) for occupant crash protection. The agency has proposed to amend FMVSS No. 208, Occupant crash protection, by establishing a test procedure applicable to vehicles equipped with a child restraint anchorage system, commonly referred to as a ``LATCH'' system, in a front passenger seating position and that comply with advanced air bag requirements through the use of a suppression system. The proposed procedures specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test. To provide interested persons additional time to prepare comments, we are extending the end of the comment period from July 18, 2005, to August 17, 2005. This 30-day extension will allow vehicle manufacturers the appropriate opportunity to review a technical report cited in the NPRM in support of the agency's proposal, and provide more meaningful comments.

This rule terminates language in Table 3, ``Maximum Defect and Minimum Size Levels,'' of the marketing order regulating pistachios produced in the State of California. This language was erroneously included in Table 3 at the time of promulgation of the order. Removal of the language in the table was unanimously recommended by the Administrative Committee for Pistachios, the committee responsible for local administration of the order.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maine (FEMA 1591DR), dated 06/29/2005. Incident: Severe Storms, Flooding, Snow Melt, and Ice Jams. Incident Period: 03/29/2005 through 05/03/2005. Effective Date: 06/29/2005. Physical Loan Application Deadline Date: 08/29/2005.

This Notice announces the availability of funds to be applied to accounts of Alaska dairy farmers. As provided by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (2005 Emergency Supplemental Act) (Pub. L. 109-13) $1 million made available by section 786 of the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations (2005 Appropriations Act)(Pub. L. 108-447) may be applied to accounts of Alaska dairy farmers owed to the Secretary.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Enforcement Bureau (``Bureau'') debars Mr. Qasim Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari from the schools and libraries universal service support mechanism (or ``E-Rate program'') for a period of three years.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

In this item, the Commission adopts final rules implementing Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004. Because the Commission has in place existing rules governing good faith retransmission consent negotiations, we conclude that the most faithful and expeditious implementation of the amendments contemplated in the SHVERA is to extend to MVPDs the existing good faith bargaining obligation imposed on broadcasters under our rules. The item accordingly amends the Commission's rules to apply equally to broadcasters and MVPDs. We also conclude that the reciprocal bargaining obligation applies to retransmission consent negotiations between all broadcasters and MVPDs regardless of the designated market area in which they are located. Because the text of the statute applies without qualification to ``television broadcast stations,'' ``multichannel video programming distributors'' and ``retransmission consent agreements,'' the item concludes that the reciprocal bargaining obligation applies to all retransmission consent agreements.

The Securities and Exchange Commission is amending the definition of ``penny stock'' as well as the requirements for providing certain information to penny stock customers. These amendments are designed to address market changes, evolving communications technology and legislative developments.