November 2005 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is providing notice of an Implementation Plan on the sharing of confidential information between the European Commission's Health and Consumer Protection Directorate General and the United States Food and Drug Administration of the Department of Health and Human Services. The purpose is for both participants to cooperate to facilitate the sharing of documents and/or information related to food safety.

The Coast Guard announces the establishment of Sector Guam. Sector Guam is an internal reorganization that combines Marianas Section and Marine Safety Office Guam into a single command. The Coast Guard has established a continuity of operations whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official or document.

The Coast Guard announces the establishment of Sector Honolulu. Sector Honolulu is an internal reorganization that combines Group Honolulu and Marine Safety Office Honolulu into a single command. The Coast Guard has established a continuity of operations whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official or document.

This is a request by the Farm Service Agency (FSA) for proposals for applications for cooperative agreements for FY 2006 to help underserved and limited resource farmers and ranchers become more efficient operators and more economically viable. FY 2005 funding for similar cooperative agreements was $2 million. This notice is being issued prior to passage of a final Department of Agriculture Appropriations Bill to allow applicants sufficient time to prepare and submit proposals and give FSA sufficient time to process applications within FY 2006. An additional Notice of Funding Availability will be published announcing the funding level for FY 2006 once an appropriations act has been enacted. FSA requests proposals from eligible 501(c)(3) nonprofit organizations, land grant institutions, including Tuskegee University, State governments, and Federally- Recognized Indian Tribal Governments, interested in competitively awarded cooperative agreements, to demonstrate innovative and unique approaches to equip underserved and limited-resource farmers and ranchers, including beginning farmers and ranchers, to become more efficient and economically viable. Proposals should demonstrate innovative and unique ways to help underserved and limited-resource farmers and ranchers improve their economic viability through training, technical assistance, improved farming practices, and more effective marketing approaches. Underserved and limited-resource farmers and ranchers have different challenges to economic viability due to location, educational assets, age, and landownership. The need to properly address these challenges through education, training, technical assistance and the most creative ways of outreach is critical to the continued existence of the small farm. People in, or entering into, farming have an array of backgrounds and varied levels of current farm and farm business experience and knowledge. More and more qualified alien immigrants are entering American farming. Often, they are unfamiliar with productive marketing practices, acquisition of land, government assistance, and crop and animal production diversity. While there are no significant legal obstacles to becoming a farmer in the United States, many barriers to successful farming exist. Among those barriers are (1) increasing capital expenses, (2) progressive managerial requirements, and (3) competition with large-scale producers. Among limited-resource farmers, a subgroup, the underserved farmer, faces even more barriers to achieving success. In recognition of the dynamic needs of limited-resource and underserved farmers, FSA solicits proposals for innovative approaches to assisting the diverse limited- resource and underserved farm community.

The U.S. Army Corps of Engineers (Corps) Omaha District is preparing a Supplemental Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of enlarging the Rueter-Hess Reservoir, currently under construction in Parker, CO. The current project was authorized in February 2004 with Corps Permit 199980472. The basic purpose of the proposed action is the same as defined in the original EIS, which is to provide a safe, adequate and sustainable municipal water supply to Parker Water and Sanitation District (PWSD), Parker, CO that is capable of meeting the peak demands for the District's service area for the next 50 years. In addition, the purpose for enlarging the reservoir is to provide peaking storage of Denver Basin groundwater for selected South Metro Denver area water providers and to assist in sustaining the Denver Basin Aquifer. The construction of the proposed project would result in additional temporary and permanent impacts to wetlands and other Waters of the United States, requiring a new section 404 permit. To familiarize the public and interested organizations with the project and potential environmental issues that may be involved; the Corps has prepared a Scoping Document for the project. This document includes a project description, preliminary list of alternatives and various environmental/resource issues that will be addressed in the Supplemental EIS. Copies of the Scoping Document will be available at the public scoping meetings or can be requested by mail. The Supplemental EIS will be prepared according to the Corps' procedures for implementing the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4332(2)(C), and consistent with the Corps' policy to facilitate public understanding and review of agency proposals.

The proposed regulations provide rules for testing the substantiality of an allocation under section 704(b) where the partners are look-through entities or members of a consolidated group, provide additional guidance on the effect of other provisions, such as section 482, upon the tax treatment of a partner with respect to the partner's distributive share under section 704(b), and revise the existing rules for determining the partners' interests in a partnership. The proposed regulations affect partnerships and their partners. This document also provides notice of a public hearing on these proposed regulations.

On March 15, 2005, the United States Court of International Trade (``CIT'') issued an order sustaining the Department of Commerce's (``the Department'') second remand determination of the Final Determination of Sales at Less Than Fair Value: Certain Hot Rolled Carbon Steel Flat Products from the People's Republic of China, 66 FR 49632 (September 28, 2001) (``Final Determination''). See Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Because all litigation in this matter has now concluded, the Department is issuing its amended final determination in accordance with the CIT's decision.

Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (ITC) determined that revocation of the antidumping duty order on top-of-the-stove stainless steel cooking ware (cooking ware) from Taiwan would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Investigations Nos. 731-TA-298 and 299 (Second Review); Investigations Nos. 701-TA-267 and 268 and 731-TA-304 and 305 (Second Review); Porcelain-on-Steel Cooking Ware From China and Taiwan; Top-of-the-Stove Stainless Steel Cooking Ware From Korea and Taiwan, 70 FR 67740 (November 8, 2005) (ITC Determination). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department of Commerce (the Department) is revoking the antidumping duty order on cooking ware from Taiwan. Pursuant to section 751(c)(6)(A)(iv) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation of the antidumping duty order is April 18, 2005, the fifth anniversary of the date of publication in the Federal Register of the determination to continue the order.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 396, ``Certification of Medical Examination by Facility Licensee.'' 3. Current OMB approval number: 3150-0024. 4. How often the collection is required: Upon application for an initial operator license, every six years for the renewal of operator or senior operator license, and upon notices of disability. 5. Who is required or asked to report: Facility licensees who are tasked with certifying the medical fitness of an applicant or licensee. 6. An estimate of the number of annual responses: 1,287 (1,150 responses + 137 recordkeepers). 7. The number of annual respondents: 137. 8. The number of hours needed annually to complete the requirement or request: 758 (288 hours for reporting [.25 hours per response] and 470 hours for recordkeeping [3.4 hours per recordkeeper]). 9. An indication of whether section 3507(d), Public Law 104-13 applies: Not Applicable. 10. Abstract: NRC Form 396 is used to transmit information to the NRC regarding the medical condition of applicants for initial operator licenses or renewal of operator licenses and for the maintenance of medical records for all licensed operators. The information is used to determine whether the physical condition and general health of applicants for operator licensees is such that the applicant would not be expected to cause operational errors and endanger public health and safety. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by January 17, 2006. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0024), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

The Nuclear Regulatory Commission (NRC) is granting in part, a petition for rulemaking (PRM-50-80) submitted by the Union of Concerned Scientists (UCS) and San Luis Obispo Mothers for Peace (MFP). The petitioners requested two rulemaking actions in PRM-50-80. First, the petitioners requested the regulations establishing conditions of licenses and requirements for evaluating proposed changes, tests, and experiments for nuclear power plants be revised to require licensee evaluation of whether the proposed actions cause protection against radiological sabotage to be decreased and, if so, that the changes, tests, and experiments only be conducted with prior NRC approval. The NRC is contemplating a rulemaking action that would address the petitioners' request and, if issued as a final rule, essentially grant this portion of the petition. Second, the petitioners requested that regulations governing the licensing and operation of nuclear power plants be amended to require licensees to evaluate facilities against specified aerial hazards and make changes to provide reasonable assurance that the ability of the facility to reach and maintain safe shutdown will not be compromised by such aerial hazards. The NRC is deferring resolution of the second issue of the petition at this time. The NRC intends to address this issue when the NRC responds to comments on its proposed Design Basis Threat rule. The petitioners further requested the Commission to suspend the Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI) proceeding during the NRC's consideration of PRM-50-80. That request was denied by Commission Memorandum and Order CLI-03-04, dated May 16, 2003.

The Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: Applicant/Location: Davis Family, LLC., Le Sueur, Minnesota. Principal Product: The loan, guarantee, or grant applicant plans to build an extension to an existing plant to manufacture quartz slabs for countertops, flooring and walls. The NAICS industry for this enterprise is 327991 (cut stone and stone product manufacturing.

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: The Remedial Education Provisions of the Fair Labor Standards Act. A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.

Publication of the tier 2 tax rates for calendar year 2006 as required by section 3241(d) of the Internal Revenue Code (26 U.S.C. section 3241). Tier 2 taxes on railroad employees, employers, and employee representatives are one source of funding for benefits under the Railroad Retirement Act.