October 17, 2005 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (Commission) establishes a regulatory framework for facilities-based providers of wireline broadband Internet access service. Under this framework, the Commission determines that facilities-based wireline broadband Internet access service is an information service, and that facilities-based providers of the service are no longer required to separate out the transmission component (i.e., transmission in excess of 200 kilobits per second (kbps) in at least one direction) of wireline broadband Internet access services as a stand-alone telecommunications service under Title II of the Communications Act of 1934, as amended (Act), subject to a one-year transition period, during which providers must continue to provide existing wireline broadband Internet access transmission offerings, on a grandfathered basis, to unaffiliated information service providers (ISPs). After the transition period, facilities-based wireline broadband Internet access service providers are permitted to offer broadband Internet access services on a common carrier basis under Title II or on a non-common carrier basis. In addition, the Bell Operating Companies (BOCs) are immediately relieved of all requirements associated with the Commission's Computer Inquiry Orders with respect to wireline broadband Internet access services. The document further concludes that the broadband transmission component of wireline broadband Internet access service is not a telecommunication service under the Act. It also addresses other important areas relating to the provision of broadband Internet access services. Overall, this new regulatory framework encourages the ubiquitous availability of broadband to all Americans by removing outdated regulations, developing consistent regulations across broadband platforms, and encouraging broadband investment and deployment.

This notice advises all interested persons of a public meeting of the President's Advisory Panel on Federal Tax Reform.

The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Linde Ceramics Plant, Tonawanda, New York, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows:

The National Marine Fisheries Service (NMFS) announces its intent to prepare an Environmental Impact Statement (EIS) to analyze the environmental impacts of issuing permits facilitating research on endangered northern right whales. Publication of this notice begins the official scoping process that will help identify alternatives and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.

This document corrects an earlier version of this action that was published on October 3, 2005, in which the ACTION statement was omitted. The Oregon Department of Fish and Wildlife (ODFW) has submitted a Fishery Management and Evaluation Plan (FMEP) and the Washington Department of Fish and Wildlife (WDFW) has submitted an amendment to an FMEP pursuant to the protective regulations promulgated for Lower Columbia River (LCR) coho salmon under the Endangered Species Act. The FMEPs specify the future management of inland recreational fisheries potentially affecting LCR coho salmon. This document serves to notify the public of the availability of the FMEPs for review and comment before final approval or disapproval is made by NMFS.

EPA is taking direct final action to amend the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by adding 1,2,3-propanetriol (CASRN 56-81-5) to the list of chemical substances in 40 CFR 710.46(b)(2)(iv) which are exempt from reporting processing and use information required by 40 CFR 710.52(c)(4). EPA has determined that the IUR processing and use information for this chemical is of low current interest. Manufacturers and importers of the chemicals listed in 40 CFR 710.46(b)(2)(iv) must continue to report manufacturing information.

Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held October 25 and 26, 2005 at the Hotel Washington, Washington, DC. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the chartered SAB to discuss a draft SAB report.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Application for Diplomatic Exemption From Taxes. OMB Control Number: 1405-0069. Type of Request: Extension of an approved collection. Originating Office: Bureau of Diplomatic Security, Office of Foreign Missions, Diplomatic Tax and Customs Office, DS/OFM/VTC/TC. Form Number: DS-98 & DS-99. Respondents: Eligible foreign diplomatic or consular missions, certain foreign government organizations, and designated international organizations. Estimated Number of Respondents: 350. Estimated Number of Responses: Approximately 2419. Average Hours Per Response: 15 minutes. Total Estimated Burden: 605 hours. Frequency: On occasion. Obligation to Respond: Required to obtain or retain a benefit.

DOE is adding a new monthly reporting requirement to existing and future Orders authorizing the import and export of natural gas and liquefied natural gas (LNG).

In accordance with the Privacy Act (5 U.S.C. 552a (e)(4)), we are issuing public notice of our intent to alter and make minor housekeeping changes to two existing systems of records, the Working File of the Appeals Council, HHS/SSA/OHA, 09-60-0004, and the Administrative Law Judge Working File on Claimant Cases System, HHS/ SSA/OHA, 09-60-0005, hereinafter referred to as the ALJ Working File, as follows: Expansion of the record storage medium in each system of records to include the maintenance of records in electronic form; Housekeeping changes that will result in corrections in the systems of records reference number; System name; Notification procedures; Record access procedures; and Contesting records procedures. We also propose to make housekeeping changes to the SSA Litigation Tracking System, HHS/SSA/LS, 09-60-0186 system of records to more accurately reflect the current functions of that system. The proposed changes will include corrections to the following sections of the notice of the SSA Litigation Tracking system of records: Systems of records reference number; System name; Notification procedures; Record access procedures; Contesting record procedures; and System manager. The proposed alteration and housekeeping changes are discussed in the Supplementary Information section below. We invite public comments on this proposal.

DOT intends to establish a system of record under the Privacy Act of 1974.

This notice lists the newspapers that will be used by the ranger districts, forests and regional office of the Intermountain Region to publish legal notices required under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers the Forest Service will use to publish notices of proposed actions and notices of decision. This will provide the public with constructive notice of Forest Service proposals and decisions, provide information on the procedures to comment or appeal, and establish the date that the Forest Service will use to determine if comments or appeals were timely.

The General Services Administration (GSA) is providing notice of a revision to the record system, Purchase Card Program (GSA/PPFM4- 10). The system provides control over expenditure of funds through the use of Federal Government purchase cards. The revision includes a new category of records, credit data, as required by the Consolidated Appropriations Act, 2005 (P.L. 108-447) and Office of Management and Budget guidance. The notice also updates authorities, includes minor editing for clarification purposes, and updates routine uses.

The USDA Forest Service is preparing a Supplemental Environmental Impact Statement to further address issues associated with old growth associated with the Dry Fork Vegetative Restoration project on the Belt Creek Ranger District of the Lewis and Clark National Forest. This project proposes treatments including timber harvest and prescribed fire to move vegetative conditions such as age class and stand structure towards those that would most likely occur in the absence of fire suppression.