September 29, 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521) this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the General Edwards SR1A Bridge, at mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. This change to the drawbridge operation regulations would allow the bridge to remain in the closed position from November 1, 2005 through April 30, 2006. This action is necessary to facilitate structural maintenance at the bridge.

The Minerals Management Service (MMS) is publishing a final rule to provide immediate temporary relief to reporters in the aftermath of Hurricanes Katrina and Rita. The final rule provides an extension to pay royalties owed on Federal oil and gas leases and report corresponding royalty and production reports. On August 29, 2005, Hurricane Katrina struck the Gulf of Mexico coast of the United States. Subsequently, in late September 2005, Hurricane Rita struck the Gulf Coast. Both hurricanes caused extensive damage to areas in which a number of Federal oil and gas lessees, particularly lessees of offshore leases, have their offices and principal operations. This final rule extends the due date for monthly royalty payments and reports and monthly operations reports for Federal oil and gas lessees, royalty payors, and operators whose operations have been disrupted by one or both of the hurricanes to the extent that the lessee, payor, or operator is prevented from submitting accurate payments or accurate reports. Extending the due date for royalty payments means that late payment interest will not accrue for the period between the original due date and the new due date established by this rule.

The Commission adopted new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility companies over power lines. Certain rules contained new information collection requirements and were published in the Federal Register on January 7, 2005. This document announces the effective date of these published rules.

The U.S. Small Business Administration (SBA or Agency) is amending its regulations to remove provisions relating to the Very Small Business Program (VSB). The Agency no longer has statutory authority to provide assistance under this program; therefore, the regulations are unnecessary. Without any authority to carry out the program, removal of the applicable regulations is a ministerial act that does not require a comment period.

The Food and Drug Administration (FDA) is adding noncompression heart stabilizers to the list of critical reprocessed single-use devices (SUDs) whose exemption from premarket notification requirements has been terminated and for which validation data, as specified under the Medical Device User Fee and Modernization Act of 2002 (MDUFMA), are necessary in a premarket notification (510(k)). The agency is also adding laparoscopic and endoscopic electrosurgical accessories to the list of reprocessed SUDs currently subject to premarket notification requirements that will now require submission of supplemental validation data. FDA is requiring submission of these data to ensure that reprocessed single-use noncompression heart stabilizers and laparoscopic and endoscopic electrosurgical accessories are substantially equivalent to predicate devices, in accordance with MDUFMA.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on petroleum wax candles (``candles'') from the PRC would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing notice of the continuation of this antidumping duty order.

Notice is hereby given that NOAA Fisheries has received applications to grant permit to (Permit 1090), Mattole Salmon Group, Petrolia, CA. This permit would affect SONCC coho salmon (Oncorhynchus kisutch), California Coastal (CC) Chinook salmon (O. tshawytscha) and Northern California (NC) steelhead (O. mykiss) This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.

Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Section 182 is commonly referred to as the ``Special 301'' provision of the Trade Act. In addition, USTR is required to determine which of those countries should be identified as Priority Foreign Countries. On April 30, 2005, USTR announced the results of the 2005 Special 301 review and stated that Out-of-Cycle Reviews (OCRs) would be conducted for Russia, Canada, Indonesia and the Philippines. USTR will conduct these OCRs in early 2006. USTR requests written comments from the public concerning the acts, policies, and practices relevant for this review under Section 182 of the Trade Act.

We, the Fish and Wildlife Service (Service), announce our revised 12-month finding for a petition to list the Southern Rocky Mountain population (SRMP) of the boreal toad (Bufo boreas boreas) as endangered under the Endangered Species Act (ESA). After a review of the best available scientific and commercial information, we find that listing is not warranted at this time because the SRMP of the boreal toad does not constitute a species, subspecies, or distinct population segment (DPS) under the ESA. Therefore, we withdraw the SRMP from the candidate list. The Service will continue to seek new information on the taxonomy, biology, and ecology of these toads, as well as potential threats to their continued existence.

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.

This final notice describes and finalizes the procedure, which was previously published in the Federal Register on January 19, 2005 (70 FR 3036) as a notice with comment period, for redistribution of States' unexpended Federal fiscal year (FY) 2002 SCHIP allotments remaining at the end of FY 2004 to those States that fully expended the allotments. These redistributed allotments will be available through the end of FY 2005 (September 30, 2005).

The Secretary of Education announces her intention to establish A National Dialogue: The Secretary of Education's Commission on the Future of Higher Education (Commission). The Federal Advisory Committee Act (Pub. L. 92-463 as amended; 5 U.S.C.A. Appendix 2) will govern the Commission. Purpose: The Secretary has determined that the establishment of this Commission is necessary and in the public's interest. Today, higher education in the United States encompasses a wide array of educational opportunities and programs. Students attend institutions of higher education offering programs that range from baccalaureate and advanced degrees to occupational training of less than one year. The Higher Education Act of 1965, as amended, has benefited millions of students by making higher education more affordable as well as by ensuring its quality. As we look to the future, it is imperative that we maintain a system of higher education that meets the needs of our diverse population, and in particular the needs of traditionally underserved communities; provides enhanced opportunities for lifelong learning; and addresses the economic and workforce needs of the country. In particular, the country is encountering a significant change to its economic structure, resulting in unmet workforce needs. This is particularly true with respect to highly skilled workers and in the fields of mathematics and science. The need is clear and unavoidable: only 68 out of 100 entering 9th graders graduate from high school on time. Yet, 80 percent of our fastest-growing jobs will require some higher education. As the need for highly skilled workers continues to grow, institutions of higher education must assess whether they are providing the necessary coursework and incentives that will enable American students to compete in the new global economy. The purpose of this Commission is to consider how best to improve our system of higher education, to ensure that our graduates are well prepared to meet our future workforce needs and are able to participate fully in the changing economy. To accomplish this purpose, the Commission shall consider Federal, State, local, and institutional roles in higher education and analyze whether the current goals of higher education are appropriate and achievable. By August 1, 2006, the Commission will provide its written recommendations to the Secretary. The Commission will be composed of no more than 20 representatives appointed by the Secretary from the public and private sectors, as well as up to 5 ex officio members from the Department of Education and other Federal agencies. These representatives shall include former or current public and private college presidents, and may also include former elected officials, representatives of Fortune 500 corporations, the financial services industry, for-profit education companies, nonprofit education foundations, higher education researchers, and other such group representatives as the Secretary deems appropriate. As representatives, the members will speak for the groups of persons they represent, drawing on their personal experiences as members of these groups with respect to these issues.

In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of FMCSA to request approval from the Office of Management and Budget (OMB) for an information collection associated with the agency's medical examiner Role Delineation Study. This information collection would gather data on the role of medical examiners and provide medical examiners (medical doctors (MDs), doctors of osteopathy (DOs), doctors of chiropractic (DCs), physician assistants (PAs) and advance practice nurses (APNs)) who perform FMCSA physical examinations of commercial motor vehicle (CMV) drivers a means of participating in an assessment of the knowledge, skills, and abilities necessary to effectively determine if a CMV driver's health meets Federal physical qualifications standards. The data obtained from the Role Delineation Study and other sources would be used to support the development of the National Registry of Certified Medical Examiners (NRCME) program.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through February 28, 2006. DoD proposes that OMB extend its approval for use through February 28, 2009.

This notice announces the first meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT).