August 15, 2005 – Federal Register Recent Federal Regulation Documents

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in September 2005. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

This rule amends the Department of Commerce's (Department) Freedom of Information Act (FOIA) regulations by changing the official authorized to deny requests for records under the Freedom of Information Act, and requests for correction or amendment under the Privacy Act (PA), for the Bureau of the Census.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection. OPM 2809, Health Benefits Election Form, is used by annuitants and former spouses to elect, cancel, suspend or change health benefits enrollment during periods other than open season. There are approximately 30,000 changes to health benefits coverage per year. Of these, 20,000 are submitted on OPM Form 2809 and 10,000 verbally or in written correspondence. Each form takes approximately 45 minutes to complete; data collection by telephone or mail takes approximately 10 minutes. The annual burden for the form is 15,000 hours; the burden not using the form is 1,667 hours. The total burden is 16,667 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to mbtoomey@opm.gov. Please include a mailing address with your request.

The Commission is proposing amendments to the premerger notification rules (``the rules'') to enable filing parties to provide Internet links to certain documents in lieu of paper copies, and to address ``stale filing'' situations, in which parties make premerger notification filings but then fail to comply with a Request for Additional Information and Documentary Material (``second request''). Section 7A of the Clayton Act (``the Act'') requires the parties to certain mergers and acquisitions to file notification with the Federal Trade Commission (``the Commission'' or ``FTC'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'' or ``DOJ'') and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in Federal court to prevent consummation. If either agency determines during the waiting period that further inquiry is necessary, it can issue a second request, which extends the waiting period for a specified period after all parties have complied with the request (or, in the case of a tender offer or a bankruptcy sale, after the acquiring person complies). The Commission is proposing a change to relieve the burden of complying with Items 4(a) and (b) of the Notification and Report Form (``the Form''). Currently, paper copies of annual reports, annual audit reports and regularly prepared balance sheets and copies of certain documents, such as 10Ks filed with the Securities and Exchange Commission (``SEC''), must be provided in response to these Items. The proposed modification would allow filing persons to provide an Internet address linking directly to the documents required by Items 4(a) and (b) in lieu of providing paper copies. The Commission is also proposing an amendment to the rules to specify that an acquiring person's notification, and an acquired person's notification in certain types of transactions, shall expire after eighteen months if a second request to them remains outstanding.

SBA proposes to increase the guarantee fee charged on each guaranteed bond (other than bid bonds) and payable by surety companies participating in SBA's Surety Bond Guarantee (SBG) Program from 20% to 32% of the bond premium, effective October 1, 2005. SBA believes that the fee increase is necessary to increase the reserves in the SBG Program's revolving fund to better offset the unfunded program liabilities resulting from defaults under guaranteed bonds. SBA is requesting public comments on the proposed fee increase.

This notice is being published in accordance with 40 CFR 1506.6. Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 the National Park Service announces the availability of a Final Environmental Impact Statement (EIS) for the Low Country Gullah Culture Special Resource Study. The document describes ways that the National Park Service can assist in preserving Gullah culture (more commonly known as Geechee in Georgia and Florida) by outlining four management alternatives for consideration by Congress, and a no-action alternative. The EIS analyzes the environmental impacts of those alternatives considered for the future protection, interpretation, and management of Gullah cultural resources. There have been no substantive changes to the alternatives as presented in the Draft EIS. The study area stretches along the southeastern United States coast roughly from the Cape Fear River in North Carolina to the St. John's River in Florida and approximately 30 miles inland.

Pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969 and National Park Service policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision-making) the National Park Service announces the availability of a Draft Environmental Impact Statement/General Management Plan (DEIS/GMP) for the Castillo de San Marcos National Monument in St. Augustine, Florida. The authority for publishing this notice is contained in 40 CFR 1506.6. The document provides a framework for management, use, and development options for the national monument by the National Park Service for the next 15-20 years. The document describes four management alternatives for consideration, including a no-action alternative that continues current management policies, and analyzes the environmental impacts of those alternatives. The Castillo de San Marcos National Monument is located on Matanzas Bay, adjacent to the historic district of St. Augustine, Florida.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, 83 Stat. 852, 853, codified as amended at 42 U.S.C. 4332 (2)(C), as well as National Park Service (NPS) policy in Director's Order 2 (Park Planning) and Director's Order 12 (Conservation Planning, Environmental Impact Analysis, and Decision- making), the NPS announces the availability of the ROD for the FEIS/GMP for the National Area. On May 26, 2005, the Southeast Regional Director approved the ROD for the project. As soon as practicable, the NPS will begin to implement the GMP, described as the Preferred Alternative (Alternative D) in the FEIS issued on February 24, 2005. Under the preferred alternative, a total of eight management zones will be created for the National Area, each of which will be attended with particularized management prescriptions. Overall, the level of development and types of facilities proposed over the planning horizon of 15 to 20 years will remain essentially the same as currently exists. The notable exceptions include new sites in the southwest portion of the National Area where NPS has been actively acquiring land in recent years. Under Alternative D, the NPS will devote considerable effort and resources to improving the National Area's road and trail system. A principal feature of Alternative D is a roads and trails plan that sets forth the official road and trail system for the National Area. Henceforth, public use of roads and trails will only be allowed on the official system; all trails not expressly included as part of the official system will be designated as administratively closed. In addition, public use of a particular road or trail will be limited to the designated use set forth in Alternative D, with certain limited exceptions. Each road and trail in the official system will be constructed and maintained in accordance with a standard that supports the designated use(s) and also is consistent with desired resource conditions in the surrounding area, or zone. Alternative D increases the trail miles available to hikers, equestrians, and bicyclists from the levels currently maintained by the National Area. The official trail system includes trails specifically dedicated to each of these user groups, plus a larger universe of trails that are ``shared use.'' Generally speaking, designated horse trails will also be open to hikers and bicyclists, while designated bike trails will be open to both bicyclists and hikers. Specified hiking trails will also be open to bicyclists in order to provide more opportunities for this increasingly popular activity. In implementing Alternative D, the NPS will continue the use of a trail type known as ``multiple-use trail.'' In the National Area, this trail type is typically known for allowing motor vehicles, horses, hikers, and bicyclists on a single route maintained to trail rather than road standards. Under Alternative D, persons driving motor vehicles that are licensed and registered may use any multiple-use trails that will accommodate such use. All Terrain Vehicles (ATVs) will generally not be permitted on any multiple-use trail, park road, or any other trail type. However, visitors will be permitted to use ATVs on multiple-use trails while actively hunting, during big game season only. Multiple-use trails will be closed to ATVs at all other times of the year. Big game season is defined for this purpose as the legal season for white-tailed deer and, in jurisdictions where they are regulated as ``big game,'' wild boar. Alternative D also provides that ATV routes for year-round general recreational use may be designated within ``planning areas'' identified for consideration of such use. The plan includes two such planning areas in the Darrow Ridge area. These planning areas will provide the opportunity to design an experimental prototype system. Under Alternative D, the route of the old O&W railroad will provide continued passenger vehicle access to the O&W bridge from the east. The route will be improved to the extent of providing safe passage. The NPS will coordinate with Scott County on the necessary improvements to achieve desired use and resource conditions. The O&W route west of North White Oak Creek has been determined to be abandoned. This portion of the route, extending to trail connections near the western boundary of the National Area, will be a trail designated for foot, horse, and bike use, as recommended by previous studies. The route will be brought to a standard suitable for the intended trail uses.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on the continuing collection 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.

Notice is hereby given that SCANA Services, Inc. (Stephen E. Summer, Principal Investigator), 6248 Bush River Road, Columbia, SC 29212, has applied in due form for a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.

Notice is hereby given that the South Carolina Department of Natural Resources, Marine Resources Division, P.O. Box 12559, Charleston, SC 29422-2559, has applied in due form for a permit to take loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), green (Chelonia mydas), leatherback (Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-117 and Rate Schedule SLIP-F8, placing firm power rates for the Salt Lake City Area Integrated Projects (SLCA/IP) of the Western Area Power Administration (Western) into effect on an interim basis. The provisional rates will be in effect until the Federal Energy Regulatory Commission (Commission) confirms, approves, and places them into effect on a final basis or until they are replaced by other rates. The provisional rates will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of power investment and irrigation aid, within the allowable periods.

The FAA is adopting a new airworthiness directive (AD) for all Gulfstream Model G-IV and GV series airplanes, and certain GIV-X and GV-SP series airplanes. This AD requires a one-time inspection to determine if a certain floor heater pad system is installed, and deactivation of the subject floor heater pad system if it is installed. This AD results from an incident of short-circuiting of the floor heater pads, in which no circuit breakers tripped in response to the short-circuiting. We are issuing this AD to prevent short-circuiting of the floor heater pad system, which could result in a fire in the airplane cabin.

The FAA adopts a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. (Pilatus) (also identified as Fairchild Republic Company and Fairchild Heli Porter) Model PC-6 airplanes. This AD requires you to repetitively inspect the stabilizer-trim attachment and structural components for cracks, corrosion, and discrepancies and replace any defective part with a new part. This AD also requires you to replace all Fairchild connecting pieces, part number (P/N) 6232.0026.XX, with a Pilatus connecting piece and requires you to replace fittings without an index after the P/N with an improved part. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this AD to detect and correct defective stabilizer-trim attachments and surrounding structural components, which could result in failure of the stabilizer-trim attachment. This failure could lead to loss of control of the airplane.

This final rule will update the prospective payment rates for inpatient rehabilitation facilities for Federal fiscal year 2006 as required under section 1886(j)(3)(C) of the Social Security Act (the Act). Section 1886(j)(5) of the Act requires the Secretary to publish the classification and weighting factors for the inpatient rehabilitation facilities case-mix groups and a description of the methodology and data used in computing the prospective payment rates for that fiscal year. In addition, we are implementing new policies and are changing existing policies regarding the prospective payment system within the authority granted under section 1886(j) of the Act.