Notice of Policy Statement for Implementation of Notice and Comment Procedures for Documents Imposing “Binding Obligations”, 70111-70112 [05-22950]

Download as PDF Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices Dated: November 10, 2005. Clay Diamond, Executive Secretary, Shipping Coordinating Committee, Department of State. [FR Doc. 05–23012 Filed 11–18–05; 8:45 am] BILLING CODE 4710–09–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Draft Supplement Environmental Impact Statement for US 411 Connector, Bartow County, GA Federal Highway Administration (FHWA), DOT. ACTION: Extension of Comment Period. AGENCY: SUMMARY: In compliance with the National Environmental Policy Act of 1969, the FHWA, in cooperation with the Georgia Department of Transportation (GDOT), have jointly prepared a Draft Supplemental Environmental Impact Statement (DSEIS) for proposed transportation improvements in the US 411 Corridor. A Notice of Availability published in the Federal Register on October 12, 2005 included a comment period through November 21, 2005. This date has been revised and extended to December 5, 2005, to coincide with the date listed in the EPA Federal Register Notice. DATES: The comment period will end on December 5, 2005. FOR FURTHER INFORMATION CONTACT: Mr. Harvey D. Keepler, State Environmental/Location Engineer, Georgia Department of Transportation, 3993 Aviation Circle, Atlanta, GA 30336–1593. Dated: Issued on: November 15, 2005. Mr. Robert M. Callan, Division Administrator, Federal Highway Administration, Atlanta, Georgia. [FR Doc. 05–22965 Filed 11–21–05; 8:45 am] BILLING CODE 4910–22–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statment: Sanders and Flathead Counties, MT Federal Highway Administration (FHWA); Department of Transportation. ACTION: Rescind notice of intent to prepare an environmental impact statement. AGENCY: SUMMARY: The FHWA is issuing this notice to advise the public that the VerDate Aug<31>2005 15:51 Nov 18, 2005 Jkt 208001 FHWA is rescinding the Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for proposed improvements to the Thompson River Road (also known as Forest Highway 56), a county road located near Thompson Falls, Montana. FOR FURTHER INFORMATION CONTACT: Terri Thomas, Environmental Manager, Federal Highway Administration, 610 East Fifth Street, Vancouver, Washington 98661–3801. Telephone: (360) 619–7700. E-mail: Terri.Thomas@fhwa.dot.gov SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the U.S. Forest Service (USFS) and the Montana Department of Transportation (MDT), is rescinding the NOI published in the Federal Register (Volume 67, Number 236, page 73004–73005) on December 9, 2002, to prepare an EIS for proposed improvements to the Thompson River Road (Forest Highway 56) near Thompson Falls, Montana. The NOI is being rescinded due to social, environmental, and political issues associated with the proposed improvements. These issues include problems managing access to properties with the elimination of portions of the current dual road system, social and economic impacts on surrounding communities, and the lack of available ‘‘take’’ of the depleted grizzly bear population in the Cabinet-Yaak Ecosystem. Benefits of the proposed improvements identified through public comments and preliminary studies included potential for improving fish and wildlife habitat within the Thompson River drainage. The proposed improvements included a plan to eliminate portions of the dual road network, which would potentially reduce river sediments and benefit recovering bull trout. An additional goal was to replace the high-speed logging road alignment with a lower-speed curvilinear alignment to reduce mortality of carnivores and other species resulting from vehicle collisions. However, the combined issues of property access, social and economic impacts, and potential impacts on the depleted population of grizzly bear in the Cabinet-Yaak Ecosystem were considered more significant than the combined potential benefits of the project. Therefore, the decision was made to stop the project and remove it from the Transportation Improvement Plan. Notices of the decision were sent to all cooperating agencies on October 18, 2005. A press release was issued on October 18, 2005. Public involvement PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 70111 meetings were held in Thompson Falls, Montana on October 19, 2005, and Libby, Montana on October 20, 2005, to inform the public of this decision. No significant opposition to stopping the project was received. Comments or questions regarding this action should be addressed to the FHWA at the address and phone number provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Dated: Issued on: November 7, 2005. Ricardo Suarez, Acting Division Engineer, Western Federal Lands Highway Division, Federal Highway Administration, Vancouver, Washington. [FR Doc. 05–22911 Filed 11–18–05; 8:45 am] BILLING CODE 6905–01–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket Number: FTA–2005–22658] Notice of Policy Statement for Implementation of Notice and Comment Procedures for Documents Imposing ‘‘Binding Obligations’’ AGENCY: Federal Transit Administration, DOT. ACTION: Notice. SUMMARY: This notice establishes the Federal Transit Administration’s (FTA, we) policy concerning notice and comment for FTA documents that impose binding obligations. This new policy is consistent with recent amendments to FTA’s administrative procedures statute and provides the public and opportunity to comment on documents that FTA issues routinely. DATES: Comments must be received by December 21, 2005. Late filed comments will be considered to the extent practicable. FTA will publish a second notice in the Federal Register summarizing all comments received regarding this notice, and, if appropriate, may modify this policy statement. You may submit comments [identified by DOT DMS Docket Number FTA–2005–22658] by any of the following methods: Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Fax: 202–493–2251. ADDRESSES: E:\FR\FM\21NON1.SGM 21NON1 70112 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Notices Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, PL–401, Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You must include the agency name (Federal Transit Administration) and the docket number (FTA–2005–22428). You should submit two copies of your comments if you submit them by mail. If you wish to receive confirmation that FTA received your comments, you must include a self-addressed stamped postcard. Note that all comments received will be posted without change to the Department’s Docket Management System (DMS) Web site located at http://dms.dot.gov. This means that is your comments includes any personal identifying information, such information will be made available to users of DMS. FOR FURTHER INFORMATION CONTACT: Linda Lasley, Assistant Chief Counsel, Legislation and Regulations Division, Office of the Chief Counsel, Federal Transit Administration, 400 Seventh Street, SW., Room 9316, Washington, DC., 20590, (202) 366–4011 or Linda.Lasley@dot.gov SUPPLEMENTARY INFORMATION: 1. Background On August 10, 2005, President Bush signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005—a Legacy for Users (SAFETEA–LU), which reauthorizes Federal transit, highway, and highway safety programs through September 30, 2009. That Act amends FTA’s administrative procedures contained in 49 U.S.C. 5334. The amendment specifically states: ‘‘The Administrator of the Federal Transit Administration shall follow applicable rulemaking procedures under section 553 of title 5 before the Federal Transit Administration issues a statement that imposes a binding obligation on recipients of Federal assistance under this chapter.’’ The amendment also defines a ‘‘binding obligation’’ as: ‘‘a substantive policy statement, rule, or guidance document issued by the Federal Transit Administration that grants rights, imposes obligations, produces significant effects on private interests, or effects a significant change in existing policy.’’ In accordance with the above requirement, FTA announces in this notice our policy with respect to VerDate Aug<31>2005 15:51 Nov 18, 2005 Jkt 208001 documents that impose biding obligations. DEPARTMENT OF THE TREASURY Internal Revenue Service A. Rulemaking When FTA promulgates a ‘‘legislative’’ or legally binding rule, we will provide notice and an opportunity to comment as required by the Administrative Procedure Act (APA) and we will publish in the Federal Register. Rules that are designated as significant will be reviewed prior to publication in the Federal Register by the Office of the Secretary of Transportation and the Office of Management and Budget in accordance with Department of Transportation (DOT) policies and procedures and Executive Order 12866. In addition, when Congress authorizes FTA to establish a new program, we may issue a rule setting out the basic criteria for the new program. Circulars, Guidance, and Policy Documents We issue circulars, guidance documents or interpretations, and policy statements in connection with the administration of our grant programs. In certain instances, such documents grant rights to or impose obligations on grant recipients, produce significant effects on private interests or effect a significant change in existing policy. Before adopting such documents, we will provide notice and an opportunity for the public to comment. We will accomplish this by establishing a docket in the Department’s Docket Management System and posting the entire document in the docket. We will then publish a notice in the Federal Register announcing the document’s availability and the time period for providing public comment. B. Other Information Besides rules, circulars, policies, and guidance documents, FTA will often distribute material to assist grant recipients regarding specific topics. These documents have not and will not impose binding obligations on the public, and, therefore, will not be subject to the procedures for notice and comment set forth in section 5334(1) of Title 49. These documents will continue to be available on FTA’s public Web site at http://fta.dot.gov. Issued in Washington, DC, this 14th day of November 2005. David B. Horner, Acting Deputy Administrator. [FR Doc. 05–22950 Filed 11–18–05; 8:45 am] BILLING CODE 4910–57–M PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Renewal Charter and Filing Letters for the IRS Advisory Committee on Tax Exempt and Government Entities Internal Revenue Service (IRS); Tax Exempt and Government Entities Division. ACTION: Notice of Renewal Charter and Filing Letters. AGENCY: SUMMARY: In accordance with the Federal Advisory Committee Act, Public Law 92–462, a renewal charter has been filed for the IRS Advisory Committee on Tax Exempt and Government Entities (ACT). The renewal charter was filed on Aug. 5, 2005, with the Committee on Finance of the United States Senate, the Committee on Ways and Means of the U.S. House of Representatives, and the Library of Congress. The renewal charter and copies of these filing letters are attached. SUPPLEMENTARY INFORMATION: The Advisory Committee on Tax Exempt and Government Entities (ACT), governed by the Federal Advisory Committee Act, Public Law 92–463, is an organized public forum for discussion of relevant employee plans, exempt organizations, tax-exempt bonds, and federal, state, locate, and Indian tribal government issues between officials of the IRS and representatives of the above communities. The ACT also enables the IRS to receive regular input with respect to the development and implementation of IRS policy concerning these communities. ACT members present the interested public’s observations about current or proposed IRS policies, programs, and procedures, as well as suggest improvements. Dated: November 7, 2005. Steven J. Pyrek, Designated Federal Official, Tax Exempt and Government Entities Division, Internal Revenue Service. Charter for the Advisory Committee on Tax Exempt and Government Entities of the Internal Revenue Service This charter is being established and filed in accordance with the provisions of the Federal Advisory Committee Act, public Law 92–463, enacted October 6, 1972. A. Official Title. The group’s official title is the Advisory Committee on Tax Exempt and Government Entities (ACT). B. Objective and Scope. The ACT is established to provide an organized public forum for discussion of relevant employee plans, exempt organizations, tax-exempt bond, and federal, state, E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Notices]
[Pages 70111-70112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22950]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket Number: FTA-2005-22658]


Notice of Policy Statement for Implementation of Notice and 
Comment Procedures for Documents Imposing ``Binding Obligations''

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice establishes the Federal Transit Administration's 
(FTA, we) policy concerning notice and comment for FTA documents that 
impose binding obligations. This new policy is consistent with recent 
amendments to FTA's administrative procedures statute and provides the 
public and opportunity to comment on documents that FTA issues 
routinely.

DATES: Comments must be received by December 21, 2005. Late filed 
comments will be considered to the extent practicable. FTA will publish 
a second notice in the Federal Register summarizing all comments 
received regarding this notice, and, if appropriate, may modify this 
policy statement.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
FTA-2005-22658] by any of the following methods:
    Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 202-493-2251.

[[Page 70112]]

    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name (Federal Transit 
Administration) and the docket number (FTA-2005-22428). You should 
submit two copies of your comments if you submit them by mail. If you 
wish to receive confirmation that FTA received your comments, you must 
include a self-addressed stamped postcard. Note that all comments 
received will be posted without change to the Department's Docket 
Management System (DMS) Web site located at http://dms.dot.gov. This 
means that is your comments includes any personal identifying 
information, such information will be made available to users of DMS.

FOR FURTHER INFORMATION CONTACT: Linda Lasley, Assistant Chief Counsel, 
Legislation and Regulations Division, Office of the Chief Counsel, 
Federal Transit Administration, 400 Seventh Street, SW., Room 9316, 
Washington, DC., 20590, (202) 366-4011 or Linda.Lasley@dot.gov

SUPPLEMENTARY INFORMATION:

1. Background

    On August 10, 2005, President Bush signed into law the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act of 2005--a 
Legacy for Users (SAFETEA-LU), which reauthorizes Federal transit, 
highway, and highway safety programs through September 30, 2009. That 
Act amends FTA's administrative procedures contained in 49 U.S.C. 5334. 
The amendment specifically states: ``The Administrator of the Federal 
Transit Administration shall follow applicable rulemaking procedures 
under section 553 of title 5 before the Federal Transit Administration 
issues a statement that imposes a binding obligation on recipients of 
Federal assistance under this chapter.'' The amendment also defines a 
``binding obligation'' as: ``a substantive policy statement, rule, or 
guidance document issued by the Federal Transit Administration that 
grants rights, imposes obligations, produces significant effects on 
private interests, or effects a significant change in existing 
policy.'' In accordance with the above requirement, FTA announces in 
this notice our policy with respect to documents that impose biding 
obligations.

A. Rulemaking

    When FTA promulgates a ``legislative'' or legally binding rule, we 
will provide notice and an opportunity to comment as required by the 
Administrative Procedure Act (APA) and we will publish in the Federal 
Register. Rules that are designated as significant will be reviewed 
prior to publication in the Federal Register by the Office of the 
Secretary of Transportation and the Office of Management and Budget in 
accordance with Department of Transportation (DOT) policies and 
procedures and Executive Order 12866. In addition, when Congress 
authorizes FTA to establish a new program, we may issue a rule setting 
out the basic criteria for the new program.
Circulars, Guidance, and Policy Documents
    We issue circulars, guidance documents or interpretations, and 
policy statements in connection with the administration of our grant 
programs. In certain instances, such documents grant rights to or 
impose obligations on grant recipients, produce significant effects on 
private interests or effect a significant change in existing policy. 
Before adopting such documents, we will provide notice and an 
opportunity for the public to comment. We will accomplish this by 
establishing a docket in the Department's Docket Management System and 
posting the entire document in the docket. We will then publish a 
notice in the Federal Register announcing the document's availability 
and the time period for providing public comment.

B. Other Information

    Besides rules, circulars, policies, and guidance documents, FTA 
will often distribute material to assist grant recipients regarding 
specific topics. These documents have not and will not impose binding 
obligations on the public, and, therefore, will not be subject to the 
procedures for notice and comment set forth in section 5334(1) of Title 
49. These documents will continue to be available on FTA's public Web 
site at http://fta.dot.gov.

    Issued in Washington, DC, this 14th day of November 2005.
David B. Horner,
Acting Deputy Administrator.
[FR Doc. 05-22950 Filed 11-18-05; 8:45 am]
BILLING CODE 4910-57-M