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Overall, this new regulatory framework encourages the ubiquitous availability of broadband to all Americans by removing outdated regulations, developing consistent regulations across broadband platforms, and encouraging broadband investment and deployment.

We propose to amend our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA), Public Law 108-203. The SSPA amends representative payment policies by providing additional safeguards for Social Security, Special Veterans and Supplemental Security Income beneficiaries served by representative payees. These changes include additional disqualifying factors for representative payee applicants, additional requirements for non-governmental fee-for-service payees, authority to redirect delivery of benefit payments when a representative payee fails to provide required accountings, and authority to treat misused benefits as an overpayment to the representative payee. In addition, we propose to modify our rules to explain financial requirements for representative payees, and we also have made minor clarifying plain language changes. The SSPA also allows SSA to impose a penalty on any person who knowingly withholds information that is material for use in determining any right to or the amount of monthly benefits under titles II or XVI. The penalty is nonpayment for a specified number of months of benefits under title II that would otherwise be payable and ineligibility for the same period of time for cash benefits under title XVI (including State supplementary payments).

This document proposes superseding an existing airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters. That AD currently requires an initial inspection and at specified intervals checks and inspections of the tail rotor blade (blade) for a deformation, a crack, and a bent or deformed tail rotor weight (weight). Also, that AD requires, before further flight, replacing each blade with an airworthy blade if a deformation, a crack, or a bent or deformed weight is found. This action would contain the same actions as the existing AD and would also propose adding certain serial-numbered blades to the applicability that were inadvertently omitted from the current AD and would require replacing each affected blade, which would be terminating action. This proposal is prompted by three reports of skin cracks originating near the blade trailing edge balance weight. The actions specified by the proposed AD are intended to prevent blade failure and subsequent loss of control of the helicopter.

This document proposes adopting a new airworthiness directive (AD) for Eurocopter France (ECF) Model EC 155B and B1 helicopters. This proposal would require inspecting an electrical cable bundle for wear. If wear is present, the AD would require installing an airworthy cable bundle and modifying the routing of the electrical cable bundles. This proposal is prompted by reports of a short circuit in the wiring, which led to failure of the normal and emergency landing gear operation modes. The actions specified by this proposed AD are intended to prevent interference of the wiring with the structure resulting in an electrical short circuit, failure of the landing gear to extend, and an emergency landing.

This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters that requires, before the first flight of each day, checking the tail rotor blade (blade) root doublers (doublers) for an edge void or de- bond on both sides of each blade, and if an edge void or de-bond is found, replacing the unairworthy blade with an airworthy blade. This AD also requires replacing any affected serial-numbered blade with an airworthy blade. This amendment is prompted by reports of de-bond of the doublers due to inadequate surface preparation resulting in poor adherence of the doublers. The actions specified by this AD are intended to prevent loss of a blade, loss of tail rotor control, and subsequent loss of control of the helicopter.

The Corporation for National and Community Service (the Corporation) invites public input regarding a Corporation requirement that grantees conduct and document criminal background checks on grant- funded employees and participants who, on a recurring basis, have access to children and other vulnerable populations, including the elderly and individuals with disabilities. In addition, the Corporation seeks input concerning whether any category of individuals should, on the basis of their criminal histories, be disqualified from working or participating in a Corporation-funded project in which they have such access. We will consider input submitted in writing, as described below, or orally in one of two conference calls we will hold on the dates listed below. The Corporation will not respond formally to this input, but will consider it in drafting any Notice of Proposed Rulemaking. The public will have a separate opportunity to provide formal comment on any proposed rule the Corporation publishes for comment in 2005 or thereafter.

This document contains final and temporary regulations relating to the balanced system for measuring organizational and employee performance within the IRS. The temporary regulations prospectively amend the existing final regulations in 26 CFR part 801 to clarify when quantity measures, which are not tax enforcement results, may be used in measuring organizational and employee performance. The portions of this document that are final regulations provide necessary cross-references to the temporary regulations. These regulations affect internal operations of the IRS and the systems it employs to evaluate the performance of organizations within the IRS. The text of the temporary regulations also serves as the text of proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.