November 28, 2005 – Federal Register Recent Federal Regulation Documents

Privacy Act of 1974, Proposed Implementation
Document Number: E5-6577
Type: Proposed Rule
Date: 2005-11-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In accordance with the requirements of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, the Department of the Treasury gives notice of a proposed amendment to this part to exempt Internal Revenue Service (IRS) system of records, Treasury/IRS 34.022National Background Investigation Center Management Information System.
Western Pacific Fishery Management Council; Public Meetings
Document Number: 05-23364
Type: Proposed Rule
Date: 2005-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold its 130\th\ meeting to consider and take action on fishery ecosystem plans for the Western Pacific Region. The Council will also hold public hearings throughout Hawaii the week prior to its 130th meeting, as well as during the 130\th\ meeting.
Fisheries off West Coast States and in the Western Pacific; Bottomfish Fisheries; Overfishing Determination on Bottomfish Multi-Species Stock Complex; Hawaiian Archipelago
Document Number: 05-23363
Type: Proposed Rule
Date: 2005-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to the National Environmental Policy Act (NEPA) and regulations published by the Council on Environmental Quality (40 CFR part 1505), NMFS, in coordination with the Western Pacific Fishery Management Council (Council), is preparing a Supplemental Environmental Impact Statement (SEIS). The SEIS will supplement the Final Environmental Impact Statement (FEIS) Bottomfish and Seamount Groundfish Fishery of the Western Pacific Region. The SEIS will analyze a range of alternatives to end overfishing in the bottomfish species complex in the Hawaiian Archipelago.
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products
Document Number: 05-23334
Type: Rule
Date: 2005-11-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule published in the Federal Register on January 4, 2005, we amended the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy into the United States via live ruminants and ruminant products and byproducts, and added Canada to this category. We also established conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. In this document, we are amending the regulations to broaden who is authorized to break seals on means of conveyances carrying certain ruminants of Canadian origin. Additionally, we are amending the regulations regarding the transiting through the United States of certain ruminant products from Canada to allow for direct transloading of the products from one means of conveyance to another in the United States under Federal supervision. These actions will contribute to the humane treatment of ruminants shipped to the United States from Canada and remove an impediment to international trade, without increasing the risk of the BSE disease agent entering the United States.
Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers Through Fedwire and Availability of Funds and Collection of Checks
Document Number: 05-23331
Type: Rule
Date: 2005-11-28
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors is adopting a final rule amending Regulation CC to define ``remotely created checks'' and to create transfer and presentment warranties for such checks. The purpose of the amendments is to shift liability for unauthorized remotely created checks to the depositary bank, which is generally the bank for the person that initially created and deposited the remotely created check. The Board is also adopting conforming cross-references to the new warranties in Regulation J.
Flag Smut; Importation of Wheat and Related Products
Document Number: 05-23329
Type: Rule
Date: 2005-11-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations regarding the importation of wheat and related articles by removing the prohibitions related to flag smut. Based on a number of considerations, we have concluded that U.S. wheat will not be at risk if those prohibitions are removed. We will, however, continue to prohibit the importation of wheat and related articles from flag smut-affected countries until a risk evaluation can be completed to ensure that those articles do not introduce other plant pests. This action removes flag smut-related prohibitions that no longer appear to be necessary while continuing to provide protection against other potential pests or diseases of wheat.
North Dakota Regulatory Program
Document Number: 05-23324
Type: Rule
Date: 2005-11-28
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are approving a proposed amendment to the North Dakota regulatory program (the ``North Dakota program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposed revisions to its statute which reduce notice requirements associated with bond release applications. North Dakota intends to revise its program to improve operational efficiency.
Buy America Requirements; Amendments to Definitions and Waiver Procedures
Document Number: 05-23323
Type: Proposed Rule
Date: 2005-11-28
Agency: Federal Transit Administration, Department of Transportation
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Federal Transit Administration (FTA) to make certain changes to our Buy America requirements. Accordingly, this Notice of Proposed Rulemaking (NPRM) would clarify the Buy America requirements with respect to microprocessor waivers, remove two general waiver categories, allow for post-award waivers, require greater detail for public interest waivers, and specify that final decisions by FTA are subject to judicial review. In addition, this NPRM would clarify the definitions of end product, negotiated agreement, and contractor, and provide a list representative of those items. The NPRM also proposes addressing the procurement of systems under the definition of end product, negotiated agreement, and contractor to ensure that major system procurements are not used to circumvent the Buy America requirements. Finally, the NPRM would make a minor clarification to pre-award and post-delivery review of rolling stock purchases.
Direct Investment Surveys: BE-11, Annual Survey of U.S. Direct Investment Abroad
Document Number: 05-23316
Type: Rule
Date: 2005-11-28
Agency: Department of Commerce, Bureau of Economic Analysis, Economic Analysis Bureau
This final rule amends regulations of the U.S. Department of Commerce, Bureau of Economic Analysis (BEA), for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of nonbank U.S. parent companies and their nonbank foreign affiliates. To address the current needs of data users while at the same time keeping the respondent burden as low as possible, BEA is modifying, adding, or deleting items on the survey forms and in the reporting criteria. Most of the changes will bring the BE-11 forms and related instructions into conformity with the 2004 BE-10, Benchmark Survey of U.S. Direct Investment Abroad.
Independent Audits and Reporting Requirements
Document Number: 05-23310
Type: Rule
Date: 2005-11-28
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is amending part 363 of its regulations concerning annual independent audits and reporting requirements, which implement section 36 of the Federal Deposit Insurance Act (FDI Act), as proposed, but with modifications to the composition of the audit committee and the effective date. The FDIC's amendments raise the asset-size threshold from $500 million to $1 billion for internal control assessments by management and external auditors. For institutions between $500 million and $1 billion in assets, the amendments require the majority, rather than all, of the members of the audit committee, who must be outside directors, to be independent of management and create a hardship exemption. The amendments also make certain technical changes to part 363 to correct outdated titles, terms, and references in the regulation and its appendix. As required by section 36, the FDIC has consulted with the other federal banking agencies.
Modification of the Minneapolis Class B Airspace Area; MN
Document Number: 05-23308
Type: Rule
Date: 2005-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action modifies the current Minneapolis, MN, Class B airspace area to contain large turbine-powered aircraft during operations to the new Runway 17/35 and to address an increase in aircraft operations to and from the Minneapolis-St. Paul International (Wold-Chamberlain) Airport (MSP). The FAA is taking this action to enhance safety and improve the management of aircraft operations in the Minneapolis terminal area. Further, this action supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to reduce aircraft delays and improve system capacity.
Proposed Revision of VOR Federal Airway V-257
Document Number: 05-23307
Type: Proposed Rule
Date: 2005-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on November 7, 2002 (67 FR 67801). In that action, the FAA proposed to revise Federal Airway V-257 between the Phoenix, AZ, Very High Frequency Omni-directional Radio Range and Tactical Air Navigation Aids (VORTAC) and the Drake, AZ, VORTAC. The FAA has determined that withdrawal of the proposed rule is warranted since the proposed action would require the revision of numerous instrument procedures in the Phoenix area.
Modification of the Norton Sound Low Offshore Airspace Area; AK
Document Number: 05-23306
Type: Rule
Date: 2005-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends the Norton Sound Low airspace area, AK. Specifically, this action modifies the Norton Sound Low airspace area in the vicinity of the Deering Airport, AK, by lowering the controlled airspace floor to 1,200 feet mean sea level (MSL) and expanding the area to a 45-nautical mile (NM) radius of the airport. The FAA is taking this action to provide additional controlled airspace for aircraft instrument operations at the Deering Airport.
Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #10 - Adjustment of the Recreational Fishery from Leadbetter Point, Washington, to Cape Falcon, Oregon
Document Number: 05-23284
Type: Rule
Date: 2005-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a regulatory modification in the recreational fishery from Leadbetter Point, WA, to Cape Falcon, OR (Columbia River Subarea). Effective Friday, September 17, 2005, the daily bag limit for the Columbia River Subarea was modified as follows: ``All Salmon, two fish per day, all retained coho must have a healed adipose fin clip.'' All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.
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