2005 – Federal Register Recent Federal Regulation Documents

Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Section 182 is commonly referred to as the ``Special 301'' provision of the Trade Act. In addition, USTR is required to determine which of those countries should be identified as Priority Foreign Countries. On April 30, 2005, USTR announced the results of the 2005 Special 301 review and stated that Out-of-Cycle Reviews (OCRs) would be conducted for Russia, Canada, Indonesia and the Philippines. USTR will conduct these OCRs in early 2006. USTR requests written comments from the public concerning the acts, policies, and practices relevant for this review under Section 182 of the Trade Act.

We, the Fish and Wildlife Service (Service), announce our revised 12-month finding for a petition to list the Southern Rocky Mountain population (SRMP) of the boreal toad (Bufo boreas boreas) as endangered under the Endangered Species Act (ESA). After a review of the best available scientific and commercial information, we find that listing is not warranted at this time because the SRMP of the boreal toad does not constitute a species, subspecies, or distinct population segment (DPS) under the ESA. Therefore, we withdraw the SRMP from the candidate list. The Service will continue to seek new information on the taxonomy, biology, and ecology of these toads, as well as potential threats to their continued existence.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

This final notice describes and finalizes the procedure, which was previously published in the Federal Register on January 19, 2005 (70 FR 3036) as a notice with comment period, for redistribution of States' unexpended Federal fiscal year (FY) 2002 SCHIP allotments remaining at the end of FY 2004 to those States that fully expended the allotments. These redistributed allotments will be available through the end of FY 2005 (September 30, 2005).

The Secretary of Education announces her intention to establish A National Dialogue: The Secretary of Education's Commission on the Future of Higher Education (Commission). The Federal Advisory Committee Act (Pub. L. 92-463 as amended; 5 U.S.C.A. Appendix 2) will govern the Commission. Purpose: The Secretary has determined that the establishment of this Commission is necessary and in the public's interest. Today, higher education in the United States encompasses a wide array of educational opportunities and programs. Students attend institutions of higher education offering programs that range from baccalaureate and advanced degrees to occupational training of less than one year. The Higher Education Act of 1965, as amended, has benefited millions of students by making higher education more affordable as well as by ensuring its quality. As we look to the future, it is imperative that we maintain a system of higher education that meets the needs of our diverse population, and in particular the needs of traditionally underserved communities; provides enhanced opportunities for lifelong learning; and addresses the economic and workforce needs of the country. In particular, the country is encountering a significant change to its economic structure, resulting in unmet workforce needs. This is particularly true with respect to highly skilled workers and in the fields of mathematics and science. The need is clear and unavoidable: only 68 out of 100 entering 9th graders graduate from high school on time. Yet, 80 percent of our fastest-growing jobs will require some higher education. As the need for highly skilled workers continues to grow, institutions of higher education must assess whether they are providing the necessary coursework and incentives that will enable American students to compete in the new global economy. The purpose of this Commission is to consider how best to improve our system of higher education, to ensure that our graduates are well prepared to meet our future workforce needs and are able to participate fully in the changing economy. To accomplish this purpose, the Commission shall consider Federal, State, local, and institutional roles in higher education and analyze whether the current goals of higher education are appropriate and achievable. By August 1, 2006, the Commission will provide its written recommendations to the Secretary. The Commission will be composed of no more than 20 representatives appointed by the Secretary from the public and private sectors, as well as up to 5 ex officio members from the Department of Education and other Federal agencies. These representatives shall include former or current public and private college presidents, and may also include former elected officials, representatives of Fortune 500 corporations, the financial services industry, for-profit education companies, nonprofit education foundations, higher education researchers, and other such group representatives as the Secretary deems appropriate. As representatives, the members will speak for the groups of persons they represent, drawing on their personal experiences as members of these groups with respect to these issues.

In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of FMCSA to request approval from the Office of Management and Budget (OMB) for an information collection associated with the agency's medical examiner Role Delineation Study. This information collection would gather data on the role of medical examiners and provide medical examiners (medical doctors (MDs), doctors of osteopathy (DOs), doctors of chiropractic (DCs), physician assistants (PAs) and advance practice nurses (APNs)) who perform FMCSA physical examinations of commercial motor vehicle (CMV) drivers a means of participating in an assessment of the knowledge, skills, and abilities necessary to effectively determine if a CMV driver's health meets Federal physical qualifications standards. The data obtained from the Role Delineation Study and other sources would be used to support the development of the National Registry of Certified Medical Examiners (NRCME) program.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through February 28, 2006. DoD proposes that OMB extend its approval for use through February 28, 2009.

This notice announces the first meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT).

This is a notice of the Presidential declaration of an emergency for the State of Louisiana (FEMA-3260-EM), dated September 21, 2005, and related determinations.

This notice announces the extension of SBA's CommunityExpress Pilot Program until November 30, 2005. This extension will allow time for SBA to complete its decisionmaking regarding potential modifications and enhancements to the Program.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self- Determination Act of 2000 (Pub. L. 106-393), the Beaverhead-Deerlodge National Forest's Madison-Beaverhead Resource Advisory Committee will meet on Tuesday, November 15, 2005, from 10 a.m. until 4 p.m. in Dillon, Montana, for a business meeting. The meeting is open to the public.

This Notice announces the administrative close-out of the Ricky Ray Hemophilia Relief Fund Program (the Program). All business concerning petitions and related payment documentation associated with the Program will conclude on October 31, 2005. As of that date, the Program will cease to accept or process any additional documentation submitted by individuals (or their representatives) relating to the eligibility or payment of petitions still pending. Remaining funds will be returned to the United States Treasury, and the Program will archive all outstanding documentation at the Washington National Records Center in Suitland, Maryland, in accordance with the requirements of the National Archives and Records Administration.

We are extending the compliance dates that were published on March 8, 2005, in Release No. 33-8545 [70 FR 11528], for companies that are not accelerated filers, for certain amendments to Rules 13a-15 and 15d-15 under the Securities Exchange Act of 1934, Items 308(a) and (b) of Regulations S-K and S-B, Item 15 of Form 20-F and General Instruction B of Form 40-F. These amendments require companies, other than registered investment companies, to include in their annual reports a report of management and accompanying auditor's report on the company's internal control over financial reporting. The amendments also require management to evaluate, as of the end of each fiscal period, any change in the company's internal control over financial reporting that occurred during the period that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting. We are also extending the compliance dates applicable to companies that are not accelerated filers for amendments to certain representations that must be included in the certifications required by Exchange Act Rules 13a-14 and 15d-14 regarding a company's internal control over financial reporting. Finally, we are soliciting comment about the implementation of these rules.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension information collection, Day Use on the National Forests of Southern California.

The meetings of the National Offshore Safety Advisory Committee (NOSAC) and its Liftboat III Subcommittee announced in the August 30, 2005 Federal Register (70 FR 51360) that were to be held in New Orleans are cancelled. These meetings have been rescheduled in Houston where NOSAC and its Subcommittee will meet to discuss various issues relating to offshore safety and security. Both meetings will be open to the public.