August 9, 2005 – Federal Register Recent Federal Regulation Documents
Results 101 - 145 of 145
Advertising.com, Inc., and John Ferber; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Ownership Reports and Trading by Officers, Directors and Principal Security Holders
We are adopting amendments to two rules that exempt certain transactions from the private right of action to recover short-swing profit provided by Section 16(b) of the Securities Exchange Act of 1934. The amendments are intended to clarify the exemptive scope of these rules, consistent with statements in previous Commission releases. We also are amending Item 405 of Regulations S-K and S-B to harmonize this item with the two-business day Form 4 due date and mandated electronic filing and Web site posting of Section 16 reports.
Amendments to the Penny Stock Rules
In Release No. 34-51983, the Securities and Exchange Commission issued amendments concerning the ``penny stock rules'' under the Securities Exchange Act of 1934, which appeared in the Federal Register of July 13, 2005 (70 FR 40614). In Release No. 34-51808, the Commission issued Regulation NMS, which appeared in the Federal Register of June 29, 2005 (70 FR 37496), and which, among other things, made technical amendments to the definition of penny stock. Since the effective date of Regulation NMS predates that of the amendments to the penny stock rules, the Commission is making technical corrections to the amendments to the penny stock rules to conform to the changes made in connection with Regulation NMS.
Administration for Native Americans
The Administration for Native Americans (ANA) herein announces an urgent grant award to the Red Lake Band of Chippewa Indians, Red Lake, Minnesota, in the amount of $311,400 for a project period of 24 months. This urgent grant award will assist the Tribe in mitigating the effects of the tragic events of the school shooting in March 2005 that resulted in the death of students, faculty and staff. The shooting marked the highest death toll in U.S. school shootings since the Columbine High School massacre in April 1999. Due to the devastation created by the high school shooting, ANA is providing urgent financial assistance for minor renovations to the local community centers to support positive community development; funding to hire eleven volunteers to assist youth and members of the community in coping with this event; and building support systems, which will aid in preventing future tragedies.
Office of Refugee Resettlement
Notice is hereby given that it has been proposed that a noncompetitive single-source program expansion supplement to an ongoing competitive award be made to the Hebrew Immigrant Aid Society (HIAS) in response to an unsolicited application. This application proposes to provide additional training and technical assistance to organizations implementing Refugee Marriage Enrichment projects. The application is not within the scope of any existing or expected to be issued program announcement for the Fiscal Year 2006. HIAS's application is expected to address issues critical to the development and implementation of marriage education programs for refugees by providing valuable on-site training and technical assistance to grantees and sub-grantees that offer marital communication training to refugee couples. In September of 2003, ORR awarded HIAS a grant of $200,000 to develop a Refugee Family Enrichment program which included technical assistance to subgrantees. Because of their success in the development of their marriage enrichment program, in 2004 HIAS was awarded a noncompetitive single source program expansion supplement to an ongoing competitive award to expand its Technical Assistance Services Program to Refugee Family Enrichment project sites specified by ORR. HIAS has since provided over 600 hours of technical assistance to project sites operated by organizations across the country. Their technical assistance primarily supports the work of small Mutual Assistance Associations, and without it, these agencies might struggle to provide refugee clients with the programs they need in order to achieve self sufficiency. The proposed project period is 9/30/2005-9/29/2006. Technical assistance to support grantees in developing better approaches to the delivery of services provided to refugees is authorized by section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)).
Basin Electric Power Cooperative, Notice of Finding of No Significant Impact
Notice is hereby given that the Rural Utilities Service (RUS) has made a finding of no significant impact in connection with a request from Basin Electric Power Cooperative (Basin Electric) of Bismarck, North Dakota for assistance from RUS to finance the construction of a natural gas-fired combustion turbine and associated equipment near Groton in Brown County, South Dakota.
Petition Under Section 302 on China's Currency Valuation; Decision Not To Initiate Investigation
The United States Trade Representative (USTR) has determined not to initiate an investigation under section 302 of the Trade Act of 1974 with respect to a petition addressed to China's currency valuation policies because initiation of an investigation would not be effective in addressing the issues raised in the petition.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Joint Advisory Committee on Nuclear Weapons Surety
The Joint Advisory Committee on Nuclear Weapons Surety will conduct a closed session on September 8th, 2005 at the Institute for Defense Analyses, Alexandria, VA. The Joint Advisory Committee is charged with advising the Secretaries of Defense and Energy, and the Joint Nuclear Weapons Council on nuclear weapons surety matters. At this meeting the Joint Advisory Committee will receive classified briefings on nuclear weapons safety and security. In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended, Title 5, U.S.C. App. 2, (1988)), this meeting concerns matters sensitive to the interests of national security, listed in 5 U.S.C. Section 552b(c)(1) and accordingly this meeting will be closed to the public.
Defense Threat Reduction Agency; Privacy Act of 1974; System of Records
The Defense Threat Reduction Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Defense Threat Reduction Agency; Privacy Act of 1974; System of Records
The Defense Threat Reduction Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
The Defense Threat Reduction Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Meeting of the Advisory Council on Dependents' Education
Pursuant to the Federal Advisory Committee Act, Appendix 2 of title 5, United States Code, Public Law 92-463, notice is hereby given that a meeting of the Advisory Council on Dependents' Education (ACDE) is scheduled to be held on September 23, 2005, from 8 a.m. to 5 p.m. The meeting will be held at the DoDEA headquarters building at 4040 North Fairfax Drive, Arlington, Virginia 22203. The purpose of the ACDE is to recommend to the Director, DoDEA, general policies for the operation of the Department of Defense Dependents Schools (DoDDS); to provide the Director with information about effective educational programs and practices that should be considered by DoDDS; and to perform other tasks as may be required by the Secretary of Defense. The meeting emphases will be the current operational qualities of schools and the institutionalized school improvement processes, as well as other educational matters.
Records Schedules; Availability and Request for Comments
The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The OCC, 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 a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless the information collection displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ``Fair Housing Home Loan Data System Regulation12 CFR 27.'' The OCC also gives notice that it has sent the information collection to OMB for review and approval.
NASA Grant and Cooperative Agreement Handbook-Intellectual Property Required Reports and Publications
This final rule amends the NASA Grant and Cooperative Agreement Handbook (Handbook) to clarify intellectual property provisions. Provision Sec. 1260.28, ``Patent rights'' is amended to refer to NASA contractors as ``Contractors'' and not ``Recipients''. Provision Sec. 1260.30, ``Rights in data'' is amended to clarify the definition of the word ``data''. Provision Sec. 1260.75, ``Summary of report requirements'', is amended to correct the cross-references to the intellectual property provisions of the Handbook. These changes are administrative in nature. No change is being made to the actual reporting requirements.
Special Conditions: Airbus Model A380-800 Airplane, Flotation and Ditching
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding flotation and ditching. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Discrete Gust Requirements
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding discrete gust requirements. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane; Emergency Exit Arrangement-Outside Viewing
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding outside viewing from emergency exits. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane; Stairways Between Decks
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding stairways between decks. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane; Fire Protection
This notice proposes special conditions for the Airbus A380- 800 airplane, which has novel and unusual design features, such as a full-length double deck passenger cabin and distributed electrical equipment bays. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding fire protection. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Ground Turning Loads
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding ground turning loads. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Transient Engine Failure Loads
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Some of these novel or unusual design features are associated with the high bypass engines used on the Model A380. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding transient engine failure loads. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval of the new collection. The ICR describes the nature of the information collection and the expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on April 20, 2004 on page 21179.
Establishment of Class D Airspace; Pascagoula, MS
This action establishes Class D airspace at Pascagoula, MS. A Federal contract tower with a weather reporting system is being constructed at the Trent Lott International Airport. Therefore, the airport will meet the criteria for establishment of Class D airspace. Class D surface area airspace is required when the control tower is open to contain existing Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action will establish Class D airspace extending upward from the surface, to and including 2,500 feet MSL, within a 4.1-mile radius of the airport.
Intent To Prepare an Environmental Impact Statement and Hold Scoping Meetings for Sacramento International Airport, Sacramento, CA
The Federal Aviation Administration (FAA) is issuing this notice to advise the public that a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) will be prepared for proposed development included in the Sacramento County Airport Systems (SCAS) Master Plan (Master Plan) for Sacramento International Airport (SMF), Sacramento, California. To ensure that all significant issues related to the proposed action are identified, one (1) public scoping meeting and one (1) governmental and public agency scoping meeting will be held.
Special Conditions: Airbus Model A380-800 Airplane, Crashworthiness
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding crash survivability. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Escape Systems Inflation Systems
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding escape system reliability. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Escape Systems Installed in Non-Pressurized Compartments
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding escape systems installed in non-pressurized compartments. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Public Water System Supervision Program Revision for the State of Montana
In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the State of Montana has revised its Public Water System Supervision (PWSS) Primacy Program by adopting federal regulations for the Arsenic Rule, Consumer Confidence Report Rule (CCR), Stage 1 Disinfectants/Disinfection Byproducts Rule (D/DBPR), Filter Backwash and Recycling Rule (FBRR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Lead and Copper Rule Minor Revisions (LCRMR), Long-Term 1 Enhanced Surface Water Treatment Rule (LT1), Public Notification Rule (PNR), Radionuclides Rule, and Variances and Exemptions Rule, which correspond to 40 CFR Parts 141 and 142. The EPA has completed its review of these revisions in accordance with SDWA, and proposes to approve Montana's primacy revisions for the above stated Rules. Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION, Item B.
Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires repetitively replacing and testing a certain relay in the passenger oxygen release system in the forward cabin. This AD results from reports of a failed relay in the passenger oxygen release system. We are issuing this AD to prevent failure of the relay, which could result in the oxygen masks failing to deploy and deliver oxygen to the passengers in the event of a rapid decompression or cabin depressurization.
Airworthiness Directives; Boeing Model 727 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 727 airplanes. This AD requires determining whether any float switches are installed in the fuel tanks, and corrective actions if necessary. This AD results from reports of contamination of the fueling float switch by moisture or fuel, and chafing of the float switch wiring against the fuel tank conduit. We are issuing this AD to prevent such contamination and chafing, which could present an ignition source inside the fuel tank that could cause a fire or explosion.
Airworthiness Directives; Boeing Model 747-400 and 747-400D Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400 and 747-400D series airplanes. This AD requires an inspection for corrosion and cracks of the station 980 upper deck floor beam, and repair and related investigative actions if necessary. This AD results from reports of corrosion under the cart lift threshold at the station 980 upper deck floor beam. We are issuing this AD to detect and correct such corrosion, which could result in a cracked or broken floor beam, extensive damage to adjacent structure, and possible rapid decompression of the airplane.
Airworthiness Directives; Learjet Model 23, 24, 25, 35, and 36 Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Learjet Model 23, 24, 25, 35, and 36 airplanes. That AD currently requires repetitive inspections to detect deterioration of both flappers of the tip tank in each wing of the airplane, and various follow-on actions. The existing AD also requires replacing the flappers with new flappers, and repetitively performing certain other follow-on actions. This new AD requires an inspection of the flappers and flapper assemblies of the tip tank in each wing or a review of the airplane maintenance records to determine the part numbers, and replacement of certain flappers or flapper assemblies if necessary, which ends the existing repetitive inspections. This AD results from numerous continual inspections and the approval of a new, improved flapper and flapper assembly. We are issuing this AD to prevent significant reduction in the lateral control of the airplane due to imbalance of the fuel loads in the wings of the airplane.
Airworthiness Directives; Boeing Model 747 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires modifying the inflation systems of the upper deck escape slides; single-piece off- wing escape ramps/slides; two-piece off-wing escape slides; and door 1, 2, 4, and 5 escape slides/rafts. This AD results from a report of 30- to 60-second delays in the inflation of escape slides/rafts. We are issuing this AD to prevent actuation delays in the inflation systems of the escape slides/rafts, which could result in delayed or failed deployment of escape slides/rafts during emergency evacuation of an airplane.
ING USA Annuity & Life Insurance Company, et al.
The Applicants have submitted an application (the ``Application'') for an order of the Securities and Exchange Commission (the ``Commission''), pursuant to Section 26(c), formerly Section (b), of the 1940 Act, permitting the substitutions of securities issued by certain registered investment companies held by the Accounts to support certain in force variable life insurance policies and variable annuity contracts (collectively, the ``Contracts'') issued by the Companies. More particularly, the Applicants propose to substitute shares of certain series of ING Investors Trust, ING Partners, Inc. and ING Variable Products Trust (the ``Substitute Funds'') for shares of certain registered investment companies currently held by subaccounts of the various Accounts (the ``Replaced Funds'') as follows:
Fees for Testing, Evaluation, and Approval of Mining Products
We are amending our regulations to reflect established policy and procedures for administering fees for testing, evaluation, and approval of equipment and materials manufactured for use in the mining industry. This direct final rule eliminates the application fee, allows applicants to pre-authorize expenditures for processing applications, allows outside organizations conducting part 15 testing (explosives and sheathed explosive units) on our behalf to set fees for this testing, incorporates changes concerning our programs and organization, and makes non-substantive conforming changes to related regulations.
Fees for Testing, Evaluation, and Approval of Mining Products
We are proposing to amend our regulations to reflect established policy and procedures for administering fees for testing, evaluation, and approval of equipment and materials manufactured for use in the mining industry. This proposed rule would eliminate the application fee, allow applicants to pre-authorize expenditures for processing applications, allow outside organizations conducting part 15 testing (explosives and sheathed explosive units) on our behalf to set fees for this testing, incorporate changes concerning our programs and organization, and make non-substantive conforming changes to related regulations.
Endangered and Threatened Wildlife and Plants; Listing Roswell springsnail, Koster's springsnail, Noel's amphipod, and Pecos assiminea as Endangered With Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), list the Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), and Noel's amphipod (Gammarus desperatus) as endangered and the Pecos assiminea (Assiminea pecos) as endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). These four invertebrates occur at sinkholes, springs, and associated spring runs and wetland habitats. They are found at one site in Chaves County, New Mexico, and Pecos assiminea is also found at one site in Pecos County, Texas, and one site in Reeves County, Texas. These three snails and one amphipod have an exceedingly limited distribution, low mobility, and fragmented habitat. They are imperiled by introduced species, surface and groundwater contamination, oil and gas extraction activities within the supporting aquifer and watershed, local and regional groundwater depletion, severe drought, and direct loss of their habitat (e.g., through burning or removing marsh vegetation, or flooding of habitat). This final rule will implement the Federal protection and recovery provisions of the Act for these invertebrate species. We are also designating critical habitat for the Pecos assiminea in Texas.
Privacy Act of 1974; Systems of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Departmental Offices (DO) is publishing its Privacy Act systems of records.
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