September 1, 2005 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2005-09-01-ReaderAids
Type: Reader Aids
Date: 2005-09-01
Initiation of Five-year (“Sunset”) Reviews
Document Number: E5-4800
Type: Notice
Date: 2005-09-01
Agency: Department of Commerce, International Trade Administration
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating five-year (``Sunset Reviews'') of the antidumping duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-year Review which covers these same orders.
Notice of Amended Final Determination in Accordance With Court Decision: Antidumping Duty Investigation of Polyethylene Terephthalate Film, Sheet, and Strip from India
Document Number: E5-4799
Type: Notice
Date: 2005-09-01
Agency: Department of Commerce, International Trade Administration, Import Administration
On May 12, 2005, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Court of International Trade (CIT) to sustain the final remand determination of the Department of Commerce (the Department) in the antidumping duty (AD) investigation of polyethylene terephthalate film, sheet, and strip (PET film) from India. See, Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd., Slip Op. 04-1548, (May 12, 2005), and the Department's Final Results of Redetermination Pursuant to Court Remand in Dupont Teijin Films USA, LP, et al, v. United States and Polyplex Corp. Ltd., Consol. Court No. 02-00463. As there is now a final and conclusive court decision in this case, the Department is amending the final determination of sales at less than fair value.
Environmental Technologies Trade Advisory Committee (ETTAC)
Document Number: E5-4798
Type: Notice
Date: 2005-09-01
Agency: Department of Commerce, International Trade Administration
The Environmental Technologies Trade Advisory Committee (ETTAC) has elected to cancel its previously scheduled September 16, 2005 plenary meeting. The meeting will be rescheduled for a later time to be determined in 2005. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Joseph Ayoub, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-5225 or Joseph.Ayoub@mail.doc.gov.
New York Independent System Operator, Inc.; Notice of Filings
Document Number: E5-4797
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
New York Independent System Operator, Inc.; Notice of Filing
Document Number: E5-4796
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
New York Independent System Operator, Inc.; Notice of Filing
Document Number: E5-4795
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
TAIR Windfarm, LLC; Notice of Application for Commission Determination of Exempt Wholesale Generator Status
Document Number: E5-4794
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
Indian River Power LLC; Notice of Application for Redetermination of Exempt Wholesale Generator Status
Document Number: E5-4793
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
Hillcrest Wind, LLC; Notice of Application for Commission Determination of Exempt Wholesale Generator Status
Document Number: E5-4792
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
Dynegy Holdings, Inc., et al.; Notice of Filing
Document Number: E5-4791
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings #1
Document Number: E5-4790
Type: Notice
Date: 2005-09-01
Agency: Department of Energy, Federal Energy Regulatory Commission
Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940
Document Number: E5-4789
Type: Notice
Date: 2005-09-01
Agency: Securities and Exchange Commission, Agencies and Commissions
Each applicant seeks an order declaring that it has ceased to be an investment company. On March 18, 2005, each applicant transferred its assets to a corresponding series of Columbia Funds Trust XI, based on net asset value. Expenses of approximately $262,500 and $166,500, respectively, incurred in connection with the reorganization were paid by each acquiring fund and Columbia Management Group, Inc., the parent company of applicants' investment adviser. Filing Dates: The applications were filed on May 27, 2005, and amended on August 18, 2005. Applicants' Address: One Financial Center, Boston, MA 02110.
Harris Insight Funds Trust, et al., Notice of Application
Document Number: E5-4788
Type: Notice
Date: 2005-09-01
Agency: Securities and Exchange Commission, Agencies and Commissions
VA Research Misconduct Policy
Document Number: E5-4787
Type: Notice
Date: 2005-09-01
Agency: Department of Veterans Affairs
On December 6, 2000, the Office of Science and Technology Policy (OSTP), Executive Office of the President, published a notification of a final Federal Policy on Research Misconduct (Federal Policy) (65 FR 76260). That policy set forth a definition of ``research misconduct'' and provided basic guidelines for responding to allegations of misconduct for all Federally-funded research and proposals for such research. Federal agencies that conduct or support research, including the Department of Veterans Affairs (VA), are required to implement the Federal Policy. VA publicized its intent to adopt the Federal Policy on April 30, 2002 (67 FR 21325). On May 4, 2005, VA finalized and released its research misconduct policy, Veterans Health Administration (VHA) Handbook 1058.2. These internal policies and procedures are fully consistent with and circumscribed by the Federal Policy. To the extent that the Federal Policy was published in the Federal Register subject to notice and comment requirements, no additional substantive policies affecting the public are created by VA's internal research misconduct policies and procedures. These policies and procedures apply only to allegations of research misconduct as defined herein. Other ``research improprieties'' are handled according to separate, extant VA policies and procedures.
Nuclear Management Company, LLC; Notice of Reconstitution
Document Number: E5-4785
Type: Notice
Date: 2005-09-01
Agency: Nuclear Regulatory Commission, Agencies and Commissions
In the Matter of Nuclear Management Company, LLC; Establishment of Atomic Safety and Licensing Board
Document Number: E5-4784
Type: Notice
Date: 2005-09-01
Agency: Nuclear Regulatory Commission, Agencies and Commissions
National Spinning Co., LLC, Alamance Dye Plant, Burlington, NC; Notice of Termination of Investigation
Document Number: E5-4783
Type: Notice
Date: 2005-09-01
Agency: Employment and Training Administration, Department of Labor
Kellogg's Snack Division, Macon, GA; Notice of Termination of Investigation
Document Number: E5-4782
Type: Notice
Date: 2005-09-01
Agency: Employment and Training Administration, Department of Labor
Acme Gear Company, Englewood, NJ; Notice of Termination of Investigation
Document Number: E5-4780
Type: Notice
Date: 2005-09-01
Agency: Employment and Training Administration, Department of Labor
Boone International, Inc., Corona, CA; Notice of Termination of Investigation
Document Number: E5-4779
Type: Notice
Date: 2005-09-01
Agency: Employment and Training Administration, Department of Labor
Columbia Lighting, Hubbell Lighting, Inc. Division, Spokane, WA; Notice of Revised Determination on Reconsideration
Document Number: E5-4775
Type: Notice
Date: 2005-09-01
Agency: Employment and Training Administration, Department of Labor
Submission for OMB Review; Comment Request
Document Number: E5-4773
Type: Notice
Date: 2005-09-01
Agency: Securities and Exchange Commission, Agencies and Commissions
Proposed Collection; Comment Request for Revenue Procedure 2005-28
Document Number: E5-4771
Type: Notice
Date: 2005-09-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2005-28, Automatic Consent to Change to the Alternative Tax Book Value Method of Valuing Assets for Expense Apportionment Purposes.
Open Meeting of the Area 4 Taxpayer Advocacy Panel (Including the States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and Wisconsin)
Document Number: E5-4770
Type: Notice
Date: 2005-09-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Area 4 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.
Importation of Whole Cuts of Boneless Beef from Japan
Document Number: C5-16422
Type: Proposed Rule
Date: 2005-09-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
National Alcohol and Drug Addiction Recovery Month, 2005
Document Number: 05-17573
Type: Proclamation
Date: 2005-09-01
Agency: Executive Office of the President, Presidential Documents
Mining Claim and Site Maintenance and Location Fees-Fee Adjustment
Document Number: 05-17534
Type: Rule
Date: 2005-09-01
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) is publishing this interim rule to amend regulations found at 43 CFR part 3834, subpart B, related to adjustments of the fees required to be paid for mining claims and mill sites, so as to clarify that mining claimants may cure the filing of an insufficient payment of fees when the fees have changed through any means, including a Consumer Price Index (CPI) adjustment or other statutorily required adjustment.
Documents Required for Travel Within the Western Hemisphere
Document Number: 05-17533
Type: Proposed Rule
Date: 2005-09-01
Agency: Department of Homeland Security, Department of State, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
Under the Immigration and Nationality Act (INA), nonimmigrant aliens and United States citizens are generally required to present passports to enter the United States. The Secretary of Homeland Security and the Secretary of State have the joint authority to waive this requirement for nonimmigrant aliens under certain circumstances and the Secretary of State has the authority to make exceptions to the requirement for United States citizens. In accordance with those authorities, current regulations permit United States citizens and nonimmigrant aliens from Canada, Bermuda and Mexico to enter the United States from certain Western Hemisphere countries without presenting a passport. On December 17, 2004, the President signed the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). Section 7209 of this statute limits the Secretaries' discretion to waive or to make exceptions to the passport requirements under the INA and expressly provides that, by January 1, 2008, United States citizens and nonimmigrant aliens may enter the United States only with passports or such alternatives as the Secretary of Homeland Security may designate as satisfactorily establishing identity and citizenship. In the future, as a result of the implementation of the new statute, travel to the United States by United States citizens and others from the Western Hemisphere will require a passport or acceptable alternative documents in circumstances where travel was previously permitted without such documents. Section 7209 directs that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan relating to the new requirements ``as expeditiously as possible.'' The statute provides that this plan shall be implemented no later than January 1, 2008. The Secretary of Homeland Security, in consultation with the Secretary of State, will be deciding how to implement the new law. This Advance Notice of Proposed Rulemaking announces the rulemakings that are expected to implement the new law, invites comments on the possible means of implementation and specifically invites comments on the documents other than passports that should be accepted under section 7209 as sufficient to establish citizenship and identity.
Regulation NMS
Document Number: 05-17531
Type: Rule
Date: 2005-09-01
Agency: Securities and Exchange Commission, Agencies and Commissions
The Commission is extending the compliance date for the amendment to Rule 301(b)(5) of Regulation ATS under the Securities Exchange Act of 1934 that was adopted in connection with Regulation NMS.
National Library of Medicine; Request for Nominations
Document Number: 05-17488
Type: Notice
Date: 2005-09-01
Agency: Department of Health and Human Services, National Institutes of Health
The National Institutes of Health (NIH) is issuing this notice to invite private sector providers and users of chemical information to indicate their interest in participating in a new working group of the Board of Scientific Counselors of the National Center for Biotechnology Information (NCBI), National Library of Medicine (NLM), to advise on interactions with private sector information providers in the development of PubChem. PubChem is a publicly available NIH database that includes information about the biological activities of chemical compounds. It is designed to facilitate more integrated access to these information resources for biomedical researchers. The working group will advise on such issues as improving connections with private sector chemical information providers in order to enhance linkages and interoperability among resources and avoid unnecessary duplication with commercial information services. Response Date: Persons, groups, or organizations interested in participating in the working group should send an e-mail indicating their expertise in issues related to PubChem, along with their contact information, to: Christine Ireland, Committee Management Officer, NLM, irelanc@mail.nih.gov. Emails must be received on or before October 3, 2005. Supplementary Information: In 2004, as part of the NIH's Roadmap Initiative to speed new medical treatments and improved health care to all Americans, NIH launched an on-line database called PubChem as part of an integrated suite of databases supporting the New Pathways to Discovery component of the Roadmap effort. New Pathways focuses on very basic biomedical research, and especially focuses on understanding the molecular biology of health and illnesses. Bioinformatics is a critical component of that effort and PubChem provides the free, publicly available database that links chemical information with biomedical research and clinical information. Drawing from many public sources, PubChem organizes information about the biological activities of chemical compounds into a comprehensive biomedical database. All of this supports the part of the Roadmap called the Molecular Libraries initiative. This includes nine different componentsa compound repository, the NIH Chemical Genomics Center, the Molecular Libraries Screening Center Network, PubChem, a series of Cheminformatics Research Centers, and technology development for chemical diversity synthesis, assay development, instrumentation, and toxicology. PubChem is the informatics backbone for virtually all of these components, and is intended to empower the scientific community to use small molecule chemical compounds in their research. Small molecules include many of the chemicals commonly used as medicines. They affect genes, proteins, cells, and people. Identification of small molecule tools is a compelling next step following on the success of the Human Genome Project. It offers a new paradigm to transform basic biomedical research, speeding development of new therapies and finding solutions to America's most important health problems. NIH's goals are to rapidly translate the discoveries of the genome into new therapeutics and to integrate small molecule chemistry into biomedical research. PubChem facilitates these efforts by linking genome, chemistry, protein, and biomedical literature information. This seamless integration of resources is essential for providing information about potential starting points for the development of new medications. Without PubChem, the work of NIH funded scientists will be greatly hampered and progress in biomedical research will be slowed. NIH intends to continue to operate PubChem as a free, publicly available resource that is an integral part of the NIH Roadmap Initiative. This is consistent with the principles of publicly funded science. NLM has had extensive and valuable private sector interactions for developing and maintaining other major information resources, such as sequence databases and PubMed/Medline. NIH believes that the private sector has expertise that will be helpful in the further development of PubChem and will help to ensure coordinated and integrated access by researchers to the full range of resources useful for advancing scientific discovery. Therefore, NIH is asking private sector providers and users of chemical information to indicate their interest in participating in a working group of the NLM/NCBI Board of Scientific Counselors, which is established under the Federal Advisory Committee Act. All members of such a working group would be required to disclose their potential conflicts. This new working group of outside experts would be separate from the existing PubChem Working Group, which provides advice about details of the operation of the PubChem database and also reports to the NCBI Board of Scientific Counselors. Specifically, this working group would advise the NCBI Board of Scientific Counselors on such issues as: Establishing a process for retrospective evaluation of the biomedical relevance of compounds entered into PubChem Ensuring the provenance of the data (i.e., whether private data are being improperly deposited in PubChem) Ensuring the high quality of data in PubChem Monitoring the effect of PubChem on scientific progress Improving/integrating interactions with commercial information providers Avoiding unnecessary duplication with commercial information providers
Maximum Per Diem Rates for the Continental United States (CONUS)
Document Number: 05-17481
Type: Notice
Date: 2005-09-01
Agency: General Services Administration, Agencies and Commissions
The General Services Administration's (GSA's) annual per diem review has resulted in lodging and meal allowances changes for locations within the continental United States (CONUS) to provide for the reimbursement of Federal employees' expenses covered by per diem. Per Diem Bulletin 06-1 increases/decreases the maximum per diem amounts in existing per diem localities. The standard CONUS lodging amount of $60 is unchanged. The CONUS per diems prescribed in Bulletin 06-1 may be found at https://www.gsa.gov/perdiem. GSA based the lodging per diem rates on the average daily rate that the lodging industry reports. The use of such data in the per diem rate setting process enhances the Government's ability to obtain policy compliant lodging where it is needed. In addition to the annual lodging study, GSA conducted a meals study which resulted in new meal allowances for FY 2006. Bulletin 06-1 also contains a listing of pertinent information that must be submitted through an agency for GSA to restudy a location if a CONUS per diem rate is insufficient to meet necessary expenses.
IFR Altitudes; Miscellaneous Amendments
Document Number: 05-17476
Type: Rule
Date: 2005-09-01
Agency: Federal Aviation Administration, Department of Transportation
This action corrects errors in certain amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed listed in a final rule published in the Federal Register on August 2, 2005 (70 FR 44278).
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Yellowstone Cutthroat Trout as Threatened or Endangered
Document Number: 05-17455
Type: Proposed Rule
Date: 2005-09-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period for a status review of the Yellowstone cutthroat trout (Oncorhynchus clarki bouvieri) in the United States, which has been initiated pursuant to a recent Court order requiring us to prepare a 12-month finding on a petition to list the subspecies as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an opportunity to provide information on the status of the subspecies of fish.
Groundfish Fisheries of the Exclusive Economic Zone Off the Coast of Alaska; Recordkeeping and Reporting
Document Number: 05-17454
Type: Proposed Rule
Date: 2005-09-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to revise Table 2 (species codes) to 50 CFR part 679 that is used in data collection, analysis, and monitoring of the Federal groundfish fisheries in the exclusive economic zone (EEZ) off the coast of Alaska. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. This proposed action is necessary to standardize collection of species information with the State of Alaska Department of Fish and Game, increase effectiveness of rockfish management, reflect current fisheries management interest in skates, and promote better enforcement of rockfish regulations. This action is intended to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans.
Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #6 - Adjustment of the Recreational Fishery from the U.S.-Canada Border to Cape Alava, Washington
Document Number: 05-17453
Type: Rule
Date: 2005-09-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a regulatory modification in the recreational fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea). Effective Tuesday, August 16, 2005, the Neah Bay Subarea was modified to a have a daily bag limit as follows: ``All salmon, two fish per day, and all retained coho must have a healed adipose fin clip.'' All other restrictions remain in effect as announced for 2005 Ocean Salmon Fisheries. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.
Environmental Impact Statement: Site Selection for the Expansion of the Strategic Petroleum Reserve
Document Number: 05-17447
Type: Notice
Date: 2005-09-01
Agency: Department of Energy
The Energy Policy Act of 2005 (EPACT), enacted on August 8, 2005, directs the Secretary of Energy to acquire petroleum to fill the Strategic Petroleum Reserve (SPR) to its authorized 1 billion-barrel capacity as expeditiously as possible, and, no later than 1 year after enactment, to select sites necessary to expand the SPR from its current 727 million-barrel capacity to 1 billion barrels. DOE has determined that the site selection and expansion required by EPACT constitute a major Federal action which may have a significant impact upon the environment within the meaning of the National Environmental Policy Act (NEPA). For this reason, DOE intends to prepare an environmental impact statement (EIS) to assess the proposed capacity expansion at three of the four existing SPR storage sites and the development of a new storage site in the Gulf Coast region. DOE will prepare the EIS in accordance with NEPA, the Council on Environmental Quality (CEQ) NEPA regulations (40 CFR Parts 1500-1508) and the DOE NEPA regulations (10 CFR Part 1021).
Agency Information Collection Activities: Petition for Remission or Mitigation of Forfeitures and Penalties
Document Number: 05-17446
Type: Notice
Date: 2005-09-01
Agency: Department of Homeland Security, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Petition for Remission or Mitigation of Forfeitures and Penalties. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (70 FR 28316) on May 17, 2005, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Proposed Collection; Comment Request; Documents Required Aboard Private Aircraft
Document Number: 05-17445
Type: Notice
Date: 2005-09-01
Agency: Department of Homeland Security, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
The Department of Homeland Security, as part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Documents Required Aboard Private Aircraft. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Flood Insurance Training and Education Requirements for Insurance Agents
Document Number: 05-17444
Type: Notice
Date: 2005-09-01
Agency: Federal Emergency Management Agency, Department of Homeland Security
FEMA is publishing minimum training and education requirements, as required by section 207 of the Flood Insurance Reform Act of 2004, for all insurance agents who sell Standard Flood Insurance Policies issued through the National Flood Insurance Program (NFIP).
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