September 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Fish and Wildlife Service (we) announces the availability of the Recovery Plan for Blackburn's Sphinx Moth (Manduca blackburni) (sphinx moth). This insect taxon is endemic to the main Hawaiian Islands.

The Department of the Army is proposing to add system of records to its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

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 proposed and/or continuing collections 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. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Work Experience and Career Exploration Programs (WECEP) Regulations, 29 CFR part 570.35a. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend Rule 1.3(bb) by adding to that rule a definition of the term ``client,'' as it relates to commodity trading advisors (CTAs) (Proposal). This would clarify inconsistencies in the Commission's regulations concerning the advisees of CTAs. The Proposal would also reflect the Commission's longstanding view that its antifraud authority extends to all CTAs, irrespective of whether they provide advice on a personalized or nonpersonalized basis.

The Federal Trade Commission (``FTC'' or ``Commission'') intends to conduct a survey of parents who have one or more children, age 11-16 years, who play video or personal computer games. The FTC will also survey children, between the ages of 11 and 16, who play video or personal computer games. The surveys are a follow up to the Commission's surveys conducted in 2000 on consumers' use of and familiarity with the Entertainment Software Rating Board (``ESRB'') rating system. Before gathering this information, the FTC is seeking public comments on its proposed consumer research. Comments will be considered before the FTC submits a request for Office of Management and Budget (``OMB'') review under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520.

The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501-3520). The FTC is seeking public comments on its proposal to extend through December 31, 2008 the current PRA clearances for information collection requirements contained in four product labeling rules enforced by the Commission. Those clearances expire on December 31, 2005.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget (OMB) regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the Economic Research Service's (ERS) intention to request approval for a new information collection from the U.S. population. The study will collect data on consumers' food purchase decisions, consumers' knowledge of food safety and nutrition, and how safety and nutrition information is influencing purchase decisions. The information will be collected four times a year, about once per quarter.

The Department of Commerce, 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)).

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Rhode Island Coastal Management Program, the Chesapeake Bay-Maryland National Estuarine Research Reserve, the Delaware Coastal Management Program and Delaware National Estuarine Research Reserve, and the Georgia Coastal Management Program. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meeting during the site visits. The Rhode Island Coastal Management Program evaluation site visit will be held November 14-18, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, November 15, 2005, at 7:30 p.m. at the Narragansett Bay Commission Board Room, One Service Road, Providence, Rhode Island. The Chesapeake Bay-Maryland National Estuarine Research Reserve evaluation site visit will be held November 14-16, 2005. One public meeting will be held during the week. The public meeting will be held on Monday, November 14, 2005, at 7 p.m. at the Jug Bay Sanctuary, 1361 Wrighton Road, Lothian, Maryland. The Delaware Coastal Management Program and Delaware National Estuarine Research Reserve joint evaluation site visit will be held December 5-9, 2005. One public meeting will be held during the week. The joint public meeting will be held on Wednesday, December 7, 2005, at 6 p.m. at 818 Kitts Hummock Road, Dover, Delaware. The Georgia Coastal Management Program evaluation site visit will be held December 12-16, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, December 13, 2005, at 1 p.m. at the Coastal Electric Membership Cooperative, 1265 South Coastal Highway (U.S. 17), Midway, Georgia. Copies of states' most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the states, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the public meeting held for a Program. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluations are completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Florida, Mississippi, and Washington Coastal Management Programs (CMPs); and the Padilla Bay (Washington) and North Carolina National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The states of Florida, Mississippi, and Washington were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. Padilla Bay (Washington) and North Carolina NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov.

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.

This action proposes to establish seven Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR) in the Jacksonville, FL, terminal area. RITTRs are low altitude Air Traffic Service routes, based on Area Navigation (RNAV), for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The purpose of RITTR is to expedite the handling of IFR overflight aircraft through busy terminal airspace areas. The FAA is proposing this action to enhance the safe and efficient use of the navigable airspace in the Jacksonville, FL, terminal area. This proposed rulemaking action was originally published in the Federal Register on July 1, 2005 (70 FR 38053). On that date, the proposal was listed in the table of contents under Proposed Rules, ``Class E airspace,'' rather than ``Area navigation routes.'' Following the close of the comment period, the FAA was contacted by an aviation organization stating that they had not seen the NPRM for this action and desired to submit comments. It was determined that no comments had been received during the comment period. Therefore, the FAA has decided to reopen the comment period for 30 days to provide an additional opportunity for any similarly affected parties to submit comments.

The purpose of this Notice is to make available for public review and comment the Draft Environmental Assessment (DEA) for the Port of Anchorage, Cherry Hill Gravel Extraction Project (Project). The DEA analyzes the potential impacts on the natural and manmade environment associated with gravel extraction from Elmendorf Air Force Base to be used as fill for the Port of Anchorage Intermodal Expansion.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

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.

In this document, the Wireless Telecommunications Bureau (WTB) and Consumer & Governmental Affairs Bureau (CGB) take steps to ensure that wireless service providers do no improperly disconnect consumers displaced by Hurricane Katrina because they are unable to pay their bills.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Federal Communications Commission published a document in the Federal Register on November 22, 2004 (69 FR 67823), revising Commission rules. That document inadvertently deleted 900 MHz frequencies available in Sec. 90.613. This document corrects the final regulations by revising Sec. 90.613 to add the deleted 900 MHz frequencies.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Health Administration (VHA), 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 and includes the actual data collection instrument.