September 28, 2005 – Federal Register Recent Federal Regulation Documents

In this document, the Commission announces that the Office of Management and Budget (OMB) approved the information collection requirements contained in the Implementation of Video Description of Video Programming, Report and Order. The information collections contained in the Report and Order were approved by OMB on February 1, 2001.

On May 25, 2005, the Federal Communications Commission received Office of Management and Budget (OMB) approval for the revised public information collections, OMB Control Numbers 3060-0016 and 3060- 0932, Amendment of parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and the Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185; FCC 04-220. FCC 04-220 was published at 69 FR 69325 (November 29, 2004). Therefore, the Commission announces that the effective date of the rules contained in 47 CFR 74.701, 74.703, 74.705 74.707, 74.710 and 74.786 through 74.796 is September 15, 2005.

The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.

NMFS has determined that the daily retention limit for Atlantic bluefin tuna (BFT) in the General category should be adjusted to allow maximum utilization of the General category October-January time period. In addition, NMFS is prohibiting the retention of school BFT less than 47 inches (119 cm) in the recreational fishery for the remainder of the fishing year to ensure that U.S. BFT harvest is consistent with recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) pursuant to the Atlantic Tunas Convention Act (ATCA).

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removes a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit by rule (PBR). On September 1, 2000, Texas replaced the PBR for concrete batch plants with a standard permit for concrete batch plants. The standard permit for concrete batch plants also requires public notice for concrete batch plants subject to the standard permit. Texas maintained the public notice requirements of its PBR to assure that proper procedures were followed for concrete batch plants that were permitted under the PBR prior to the effective date of the standard permit. All authorization requests for concrete batch plants which were constructed under the PBR have now been resolved and the public notice and comment provisions under the PBR are no longer needed.

EPA issued a final rule in the Federal Register of February 18, 1998, to streamline procedures used to reimburse local governments for emergency response costs. Local governments may be reimbursed for certain costs they incur in taking temporary emergency measures related to releases of hazardous substances, pollutants and contaminants. This document is being issued to correct the address to mail the completed application and supporting data provided and the telephone numbers listed in Appendix II to the regulations.

The Federal Election Commission requests comments on proposed revisions to its definitions of the terms ``to solicit'' and ``to direct'' for its regulations on raising and spending Federal and non- Federal funds. Current Commission regulations define ``to solicit'' as ``to ask that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.'' The regulations define ``to direct'' as ``to ask a person who has expressed an intent to make a contribution, donation, or transfer of funds, or to provide anything of value, to make that contribution, donation, or transfer of funds, or to provide that thing of value.'' These rules were challenged in Shays v. FEC. Upholding a District Court decision, the Court of Appeals held that the Commission's definitions of ``to solicit'' and ``to direct'' were invalid because they violated Congress's intent. The Commission has filed a petition for a rehearing en banc of the Court of Appeals decision. At the same time, to comply with the decisions of the District Court and the Court of Appeals, the Commission is issuing this Notice of Proposed Rulemaking regarding its definitions of ``to solicit'' and ``to direct.'' No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

This document reopens the comment period for the proposed rule published on May 19, 2005, which opened the enrollment applications process for the Western Shoshone Identifiable Group of Indians.

FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to specify that a driver who passed knowledge and skills tests approved by the Agency for a Commercial Driver's License (CDL) school bus endorsement prior to September 30, 2002, meets the requirements of 49 CFR 383.123. FMCSA also amends the FMCSRs to provide that States have until September 30, 2006, to administer knowledge and skills tests that comply, to all school bus drivers. Finally, to conform with extension of the compliance date, the expiration date for allowing States to waive the driving skills test under 49 CFR 383.123(b) is extended to September 30, 2006. As a result of this interim rule, the 2-year exemptions for drivers in 11 States from the knowledge and skills testing requirement proposed in the FMCSA notice published July 14, 2005, are no longer necessary.

These special conditions are issued to Premier Avionics Design Ltd., 12002 Warfield, Suite 250, San Antonio, TX 78216, for a Supplemental Type Certificate for the Cessna 441 Conquest. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of an electronic flight instrument system (EFIS) in the form of two digital altimeters. The digital altimeters will be Thommen Model AD32E, one on the pilot side and one on the copilot side, for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes.

The Federal Communications Commission (FCC) proposed to eliminate part 23 of the Commission's rules, governing International Fixed Public Radiocommunication Services (IFPRS). We instead propose to regulate IFPRS services pursuant to part 101, which includes rules applicable to other fixed services. This should simplify the Commission's rules and eliminate necessary burdens on IFPRS licenses.

This document dismisses a Petition for Reconsideration filed by Muddy Broadcasting Company directed at the Report and Order in this proceeding. See 66 FR 56486, published November 8, 2001. This document also waive the provisions of Section 1.420(j) of the Commission's rules, consistent with the Public Notice entitled Window Announced for Universal Settlements of Pending Rulemaking Proceedings to Amend FM Table of Allotments, 20 FCC Rcd 10756 (MB 2005), with this action, the proceeding is terminated.