2005 – Federal Register Recent Federal Regulation Documents
Results 1,351 - 1,400 of 32,488
Title I-Improving the Academic Achievement of the Disadvantaged; Individuals With Disabilities Education Act (IDEA)-Assistance to States for the Education of Children With Disabilities
The Secretary proposes to amend the regulations governing programs administered under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB) (referred to in these proposed regulations as the Title I program) and the regulations governing programs under Part B of the Individuals with Disabilities Education Act (IDEA) (referred to in these proposed regulations as the IDEA program). The proposed regulations would provide States with additional flexibility regarding State, local educational agency (LEA), and school accountability for the achievement of a group of students with disabilities who can make significant progress, but may not reach grade-level achievement standards within the same time frame as other students, even after receiving the best-designed instructional interventions from highly trained teachers.
Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Program
The National Marine Fisheries Service publishes IFQ standard prices for the IFQ Cost Recovery Program in the halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits information to calculate the payments required for IFQ cost recovery fees due by January 31, 2006.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2006 Specifications
NMFS proposes specifications for the 2006 Atlantic herring fishery, which are the same as the specifications implemented in 2005. The regulations for the Atlantic herring fishery require NMFS to publish specifications for the upcoming year and to provide an opportunity for public comment. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processor Vessels Using Hook-and-line Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher/processor vessels using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Pacific cod specified for catcher/processor vessels using hook-and-line gear in the BSAI.
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement, which would be entered as a consent order, to address a lawsuit filed by South Jersey Environmental Justice Alliance (``SJEJA''), New Jersey Public Interest Research Group, South Camden Citizens in Action, and New Jersey Environmental Federation (collectively the ``plaintiffs''): SJEJA v. Johnson, 05-6891 (RJH) (S.D.N.Y.). On or about August 2, 2005, the plaintiffs filed a complaint alleging that they had submitted a petition to EPA seeking an objection to a Clean Air Act Title V permit issued by the New Jersey Department of Environmental Protection to Camden County Energy Recovery Associates for its facility in Camden, New Jersey, and that the Administrator had failed to perform his nondiscretionary duty to respond to the petition within sixty days of the date it was filed. Under the terms of the proposed settlement and consent order, EPA has agreed to respond to the petition by January 20, 2006, and the plaintiffs have agreed to dismiss their suit with prejudice shortly thereafter. In addition, EPA has agreed to pay the plaintiffs a specified amount in settlement of the plaintiffs' claims for attorneys' fees in this matter.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Architectural and Industrial Maintenance (AIM) Coatings Regulation
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from architectural and industrial maintenance coatings. The intended effect of this action is to propose approval of these requirements. This action is being taken under the Clean Air Act (CAA).
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Wet-formed Fiberglass Mat Production (Renewal); ICR Number 1964.03; OMB Number 2060-0496
In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on December 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Notice of Arrival of Pesticides and Devices, EPA ICR Number 0152.08, OMB Control Number 2070-0020
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on January 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.
Safe Drinking Water Act Determination; Underground Injection Control Program, Determination of Indian Country Status for Purposes of Underground Injection Control Program Permitting
On November 2, 2005, the Environmental Protection Agency (EPA) published a notice of prospective determination of the Indian country status of approximately 160 acres of land located in the southeast portion of Section 8, Township 16N, Range 16W, in the State of New Mexico (70 FR 66402). That notice requests public input regarding whether the Section 8 land is part of a dependent Indian community under 18 U.S.C. 1151(b) and, thus, considered to be ``Indian country.'' This determination is necessary in order to establish whether EPA or the New Mexico Environment Department is the appropriate agency to issue a particular underground injection control permit under the Safe Drinking Water Act. EPA sought responses to the notice by January 3, 2006. In response to requests from the public seeking additional time to fully analyze the issues, gather requested information, and prepare comments, we are extending the period for submitting comments and information, as provided in the notice, to January 31, 2006.
Federal Motor Vehicle Safety Standards; Air Brake Systems
The agency is proposing to amend our air brake standard to improve the stopping distance performance of truck tractors. Based on current safety trend data and brake system technologies for truck tractors, we are proposing to reduce the required stopping distance for these vehicles by 20 to 30 percent. We have tentatively concluded that truck tractors are capable of achieving a reduction in stopping distance within this range with existing technologies. We also discuss research and request comment concerning improving the braking performance of other types of heavy vehicles, i.e., trailers, straight trucks, and buses. The agency may address improved braking performance for these other vehicles in a future rulemaking.
Establishment of Area Navigation Routes; Southwestern and South Central United States
This action establishes three area navigation (RNAV) routes over Southwestern and South Central United States in support of the High Altitude Redesign (HAR) program. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace.
Safety Zone; Chicago New Year's Celebration, Lake Michigan, Chicago, IL
The Coast Guard is establishing a temporary safety zone for the Chicago New Year's Celebration fireworks display. This safety zone is necessary to protect vessels and spectators from potential airborne hazards during a planned fireworks display over Lake Michigan. The safety zone is intended to restrict vessels from a portion of Lake Michigan off Chicago, Illinois.
Pollution Prevention Equipment
This document contains corrections to the notice of proposed rulemaking published in the Federal Register on November 3, 2005. The proposed rule would revise Coast Guard pollution prevention equipment regulations to make them consistent with new International Maritime Organization (IMO) guidelines and specifications issued under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex I.
Notice of Revision of Title VI Circular and EEO Circular
The Federal Transit Administration (FTA) is revising and updating its Circulars 4702.1, ``Title VI Program Guidelines for Urban Mass Transit Administration Recipients'' and 4704.1 ``Equal Employment Opportunity Program Guidelines for Grant Recipients.'' FTA is seeking input from interested parties on this document, including examples of problems with compliance, best practices for compliance, and proposals for changes to these circulars. Upon consideration of the comments, FTA will issue revised circulars and will seek additional comments on the revised documents.
Pipeline Safety: Design and Construction Standards To Reduce Internal Corrosion in Gas Transmission Pipelines
This document proposes regulations on the control of internal corrosion when designing and constructing new and replaced gas transmission pipelines. The proposed rule would require an operator to take steps in design and construction to reduce the risk that liquids collecting within the pipeline could result in failures because of internal corrosion. These changes would ease steps an operator must take in operating and maintaining the pipeline to minimize internal corrosion.
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Integrity Management: Program Modifications and Clarifications-Request for Comments
PHMSA proposes revisions to the current Pipeline Safety Regulations for Pipeline Integrity Management in High Consequence Areas. The revisions address a petition from the hazardous liquid pipeline industry. The revisions are to: allow more flexibility in reassessment intervals for hazardous liquid pipelines by adding an eight-month window to the five-year time frame for operators to complete reassessment; and require both hazardous liquid pipeline and gas transmission pipeline operators to notify PHMSA whenever they reduce pipeline pressure to make a repair and to provide reasons for pressure reduction. Another notification, including reasons for repair delay, would be required when a pressure reduction exceeds 365 days. Also, PHMSA proposes to correct existing provisions for calculating a pressure reduction when making an immediate repair on a hazardous liquid pipeline. The proposed correction would allow operators to use another acceptable method to calculate reduced operating pressure when a specified formula is not applicable or results in a calculated pressure higher than operating pressure. Finally, PHMSA seeks the submittal of engineering analyses and technical data. These submittals are to provide the basis for modifying the required time periods for remediating certain conditions found during a hazardous liquid pipeline integrity assessment. PHMSA will use this data to evaluate the scope and scale of repair issues to develop an accurate basis for determining if any additional flexibility is needed in the repair schedules.
Trinity County Resource Advisory Committee
The Trinity County Resource Advisory Committee (RAC) will meet at the Trinity County Office of Education in Weaverville, California, on January 10, 2006. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self- Determination Act of 2000.
Shasta County Resource Advisory Committee
The Shasta County Resource Advisory Committee (RAC) will meet at the USDA Service Center in Redding California, on January 4, February 1 and March 1 of 2006. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self-Determination Act of 2000.
Security and Management Control Outsourcing Standard
Pursuant to the publication requirement in title 42, United States Code (U.S.C.), section 14616, Article VI(e), the Compact Council (Council), established by the National Crime Prevention and Privacy Compact (Compact) Act of 1998, is providing public notice of the attached combined Security and Management Control Outsourcing Standard (Outsourcing Standard) established by the Council.
Outsourcing of Noncriminal Justice Administrative Functions
The Compact Council, established pursuant to the National Crime Prevention and Privacy Compact Act of 1998 (Compact), is adopting, as a final rule, without change, an interim final rule which permits the outsourcing of noncriminal justice administrative functions involving access to criminal history record information (CHRI). Procedures established to permit outsourcing are required to conform with the Compact Council's interpretation of Articles IV and V of the Compact.
Airworthiness Directives; Boeing Model 727, 727C, 727-100, and 727-100C Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 727, 727C, 727-100, and 727-100C series airplanes. This proposed AD would require repetitive inspections for cracks in the body skin and bear strap at the upper and lower hinge cutouts of the mid-cabin galley doorway, along the upper fastener row of the stringer 14R lap splice, and in the doorstop fitting adjacent to the upper hinge cutout; and corrective action if necessary. This proposed AD also provides for optional terminating action for certain inspections. This proposed AD results from reports of skin and bear strap cracking at the upper and lower hinge cutout and along the upper fastener row of the stringer 14R lap splice, and cracking in the doorstop fitting adjacent to the upper hinge cutout. There are also reports of cracking on airplanes previously modified to prevent such cracking. We are proposing this AD to find and fix fatigue cracking of the fuselage, which could result in reduced structural integrity and consequent rapid decompression of the airplane.
Airworthiness Directives; Airbus Model A318-100 and A319-100 Series Airplanes, A320-111 Airplanes, A320-200 Series Airplanes, and A321-100 and A321-200 Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A318-100 and A319-100 series airplanes, A320- 111 airplanes, A320-200 series airplanes, and A321-100 and A321-200 series airplanes. This proposed AD would require operators to review the airplane's maintenance records to determine the part numbers of the magnetic fuel level indicators (MFLI) of the fuel tank, and related investigative and corrective actions if necessary. This proposed AD results from several in-service incidents of wear and detachment of the top-stops from the MFLI. Such detachment allows the top-stop to move around the fuel tank, and the top-stop could come into contact or in close proximity with a gauging probe, resulting in compromise of the air gap between the probe and the structure and creating a potential ignition source. We are proposing this AD to prevent an ignition source in the fuel tank in the event of a lightning strike, which could result in a fire or explosion.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Queen Charlotte Goshawk as Threatened or Endangered
We, the U.S. Fish and Wildlife Service, announce the opening of a public comment period to update the 1997 status review for the Queen Charlotte goshawk (Accipiter gentilis laingi), a subspecies of the northern goshawk that lives in the temperate rainforests of Southeast Alaska and insular British Columbia. This update has been initiated in response to a recent Court order remanding a previous 12- month finding with instructions to determine if Vancouver Island, British Columbia, Canada, is a significant portion of this goshawk's range and, if so, to determine whether the bird is endangered or threatened under the Endangered Species Act of 1973, as amended. This public comment period will allow all interested parties an opportunity to provide information on the status of the subspecies throughout its range, thereby assisting us in evaluating the significance of the Vancouver Island population of the goshawk in relation to the taxon as a whole.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Food and Drug Administration Recall Regulations (Guidelines)
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``FDA Recall Regulations (Guidelines)'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Reprocessed Single-Use Device Labeling
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Evaluation of Consumer-Friendly Formats for Brief Summary in Direct-to-Consumer Print Advertisements for Prescription Drugs: Study 1
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Advisory Committees; Filing of Annual Reports
The Food and Drug Administration (FDA) is announcing that, as required by the Federal Advisory Committee Act, the agency has filed with the Library of Congress the annual reports of those FDA advisory committees that held closed meetings during fiscal year 2005.
Importation of Nursery Stock
We are proposing to amend the regulations on importing nursery stock to eliminate various restrictions on the importation of plants in vitro and kenaf seed; to establish programs for the importation of approved plants from the Canary Islands and from Israel; to require an additional declaration on the phytosanitary certificate accompanying blueberry plants imported from Canada; to require that phytosanitary certificates include the genus and species names of the restricted articles they accompany; to change the phytosanitary certificate requirements for several restricted articles; to reduce the postentry quarantine growing period for Hydrangea spp. and for certain chrysanthemums; and to update the list of ports of entry and Federal plant inspection stations. We are also proposing several other changes to update and clarify the regulations and improve their effectiveness. These changes are necessary to relieve restrictions that appear unnecessary, update existing provisions, and make the regulations easier to understand and implement.
Internet Availability of Proxy Materials
We are proposing amendments to the proxy rules under the Securities Exchange Act of 1934 that would provide an alternative method for issuers and other persons to furnish proxy materials to shareholders by posting them on an Internet Web site and providing shareholders with notice of the availability of the proxy materials. Copies would be available to shareholders on request, at no cost. The proposed amendments are intended to put into place processes that would provide shareholders with notice of, and access to, proxy materials while taking advantage of technological developments and the growth of the Internet and electronic communications. Issuers that rely on the proposed amendments would be able to lower costs of proxy solicitations that ultimately are borne by shareholders. The proposed amendments also would apply to a soliciting person other than the issuer, which we anticipate might reduce the costs of engaging in a proxy contest. Today's proposals would not apply to business combination transactions. These proposals also would not affect the availability of any existing method of furnishing proxy materials.
NASA Research Announcements-Small Business Subcontracting Plans and Publication Acknowledgement and Disclaimers
This is a final rule amending the NASA FAR Supplement (NFS) to require for NASA Research Announcements: Submission of a small business subcontracting plan with any proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $5,000,000; and acknowledgement of NASA sponsorship and disclaimer of agency endorsement of results.
Property Administration and Reporting for Interagency Acquisitions
This is a final rule to amend the NASA FAR Supplement (NFS) to revise clause 1852.217-70 Property Administration and Reporting to change the name of ``NASA-Defense Purchase Request'' to ``NASA- Interagency Purchase Request'' and to replace the term ``Military Department'' to ``servicing agency'' in order to permit the use of this clause in interagency acquisitions with military departments and civilian agencies.
Market and Large Trader Reporting
The Commodity Futures Trading Commission (Commission or CFTC) is proposing several amendments to its market and large trader reporting rules. First, the Commission is proposing to establish a new reporting level for futures and option contracts based on 3-Year U.S. Treasury Notes. Second, the Commission is proposing to clarify the application of the reporting rules to registered derivatives transaction execution facilities (DTEFs). Third, the Commission is proposing to require designated contract markets to publicly disseminate integrated volume data that separately identifies the volume generated from block trades. Fourth, the Commission is proposing to adopt a reporting framework for contracts that are exclusively self- cleared. Finally, the Commission is proposing a number of conforming, clarifying, and technical amendments.
Commodity Pool Operator Electronic Filing of Annual Reports
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend Commission regulations to require that commodity pool annual financial reports submitted by commodity pool operators (``CPOs'') to the National Futures Association (``NFA'') be filed electronically. Commodity pool annual reports filed with a registered futures association (currently, the NFA is the sole registered futures association) must contain a manually signed oath or affirmation under Commission regulations and no provision exists for electronic filing of annual reports with NFA. The NFA has recently petitioned the Commission to amend its regulations to require mandatory electronic filing of commodity pool annual reports. The Commission has considered the NFA petition and is hereby proposing to amend Commission regulations: (i) To require CPOs to file a commodity pool annual report with NFA electronically, with the required oath or affirmation to be made through compliance with NFA's electronic filing procedures; (ii) to require CPOs to maintain for five years a manually signed copy of each annual report and to maintain records of how certain key financial balances submitted to NFA were compiled from the annual report; (iii) to eliminate the requirement that the annual report filed with NFA be manually signed. Further, the Commission is proposing additional amendments to clarify certain aspects of the Commission's regulations applicable to CPOs with respect to financial reporting, Specifically, the Commission is proposing amendments that would: explicitly state that commodity pool monthly and/or quarterly account statements distributed to participants must be prepared in accordance with generally accepted accounting principles; clarify that COPs must file a notification of a change in a public accountant for a commodity pool with the Commission and with NFA; clarify that a reference to ``segregation'' with respect to a statement required to be made in an accountant's letter refers to the prohibition on commingling of funds of a commodity pool with the assets of any other person; and require that notifications concerning CPOs' election of fiscal years for commodity pools other than the calendar year or changes in fiscal year be filed solely with NFA and not the Commission. Annual reports to pool participants may continue to be provided as they have been previously, either through hard-copy distribution via postal mail or electronically if the pool participant consents thereto.
Sickness or Accident Disability Payments
This document contains final regulations providing guidance regarding the treatment of payments made on account of sickness or accident disability under a workers' compensation law for purposes of the Federal Insurance Contributions Act (FICA).
Economic Development Administration Reauthorization Act of 2004 Implementation; Regulatory Revision
The Economic Development Administration (``EDA'') published an interim final rule in the Federal Register on August 11, 2005. EDA is publishing this interim final rule to effect those changes to the August 11, 2005 interim final rule specified in the conference report, accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act. Capitalized terms used but not otherwise defined in this interim final rule have the meanings ascribed to them in the August 11, 2005 interim final rule.
Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated and Conventional Gasoline Including Butane Blenders and Attest Engagements
EPA is taking direct final action on certain modifications to the reformulated and conventional gasoline regulations. Based on experience gained since the promulgation of these regulations, EPA proposed these modifications along with various others in a Notice of Proposed Rulemaking (NPRM) published on July 11, 1997. In final rules published on December 31, 1997, and December 28, 2001, EPA took final action on several of the modifications proposed in the July 11, 1997 NPRM. Today's direct final action would finalize many of the remaining proposed modifications. The modifications in today's direct final rule correct technical errors, clarify certain provisions, and codify guidance previously issued by the Agency. This rule also makes several minor technical corrections to the RFG rule which were not included in the July 11, 1997 proposal, and makes two minor technical corrections to the Tier 2 gasoline sulfur rule. The emissions benefits achieved from the RFG and conventional gasoline programs will not be reduced as a result of this direct final rule.
Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated and Conventional Gasoline Including Butane Blenders and Attest Engagements
EPA is proposing to take action on certain modifications to the reformulated and conventional gasoline regulations. Based on experience gained since the promulgation of these regulations, EPA proposed these modifications along with various others in a Notice of Proposed Rulemaking (NPRM) published on July 11, 1997. In final rules published on December 31, 1997 and December 28, 2001, EPA took final action on several of the modifications proposed in the July 11, 1997 NPRM. Today's action proposes to take action on many of the remaining modifications in the 1997 NPRM. The modifications in today's proposed rule would correct technical errors, clarify certain provisions, and codify guidance previously issued by the Agency. This rule also would make several minor technical corrections to the RFG rule which were not included in the July 11, 1997 proposal, and make two minor technical corrections to the Tier 2 gasoline sulfur rule. The emissions benefits achieved from the RFG and conventional gasoline programs would not be reduced as a result of this proposed rule.
Endangered and Threatened Wildlife and Plants; Critical Habitat for the Perdido Key Beach Mouse, Choctawhatchee Beach Mouse, and St. Andrew Beach Mouse
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the endangered Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) and Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and designate critical habitat for the endangered St. Andrew beach mouse (Peromyscus polionotus peninsularis) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing 5 units of critical habitat totaling approximately 1,264 acres (ac) (511 hectares (ha)) for the Perdido Key beach mouse, 5 units totaling approximately 2,334 ac (944 ha) for the Choctawhatchee beach mouse, and 3 units totaling approximately 2,610 ac (1,056 ha) for the St. Andrew beach mouse. In total, approximately 6,208 ac (2,511 ha) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Baldwin County, Alabama, and Escambia, Okaloosa, Walton, Bay, and Gulf Counties, Florida.
Notice of Decision of the Court of International Trade; Silicon Metal From the Russian Federation
On November 28, 2005, the United States Court of International Trade (``CIT'') issued an order sustaining the Department of Commerce's (``the Department'') Second Remand Results. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. vs. United States, Consol. Ct. No. 03-00202 (October 21, 2005) (available at https://www.ia.ita.doc.gov) (``Second Remand Results''); see also, Globe Metallurgical, Inc. v. United States, Slip Op. 05-150 (CIT November 28, 2005) (``Globe Metallurgical III''). In the First Remand Results, the Department recalculated the antidumping margins for Bratsk Aluminum Smelter and Rual Trade Limited (collectively, ``Bratsk'') and ZAO Kremny and SUAL-Kremny-Ural Ltd. (collectively, ``Kremny'') to value the respondents' usage of recycled silicon metal sized zero to five millimeters. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. v. United States, Consol. Ct. No. 03-00202 (January 5, 2005) (available at https://www.ia.ita.doc.gov) (``First Remand Results''). In the Second Remand Results, the Department recalculated the adverse facts available (``AFA'') portion of Kremny's antidumping duty margin using the revised antidumping duty margin for Bratsk calculated in the First Remand Results. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the Globe Metallurgical III decision is ``not in harmony'' with the Department's final determination.
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