2005 – Federal Register Recent Federal Regulation Documents

Results 1,551 - 1,600 of 6,572
Federal Acquisition Regulation; Information Technology Security
Document Number: 05-19468
Type: Rule
Date: 2005-09-30
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Information Technology (IT) Security provisions of the Federal Information Security Management Act of 2002 (FISMA) (Title III of the E-Government Act of 2002 (E-Gov Act)).
Federal Acquisition Circular 2005-06; Introduction
Document Number: 05-19467
Type: Rule
Date: 2005-09-30
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-06. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.acqnet.gov/far.
Defense Federal Acquisition Regulation Supplement; Central Contractor Registration
Document Number: 05-19464
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove policy on Central Contractor Registration (CCR) that duplicated policy found in the Federal Acquisition Regulation (FAR). The rule also addresses requirements for use of Commercial and Government Entity (CAGE) codes in DoD contracts.
Defense Federal Acquisition Regulation Supplement; Prohibition of Foreign Taxation on U.S. Assistance Programs
Document Number: 05-19463
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on foreign taxation under contracts funded by U.S. assistance programs. The rule addresses the responsibilities of the contractor and the contracting officer regarding the prohibition.
Defense Federal Acquisition Regulation Supplement; Quality Control of Aviation Critical Safety Items and Related Services
Document Number: 05-19462
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 802 of the National Defense Authorization Act for Fiscal Year 2004. Section 802 requires DoD to establish a quality control policy for the procurement of aviation critical safety items and the modification, repair, and overhaul of those items.
Defense Federal Acquisition Regulation Supplement; Advisory and Assistance Services
Document Number: 05-19458
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of advisory and assistance services. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Defense Logistics Agency Waiver Authority
Document Number: 05-19457
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to authorize the Defense Logistics Agency Component Acquisition Executive to waive domestic source restrictions on the acquisition of ball and roller bearings, when adequate domestic supplies are not available to meet DoD requirements on a timely basis.
Defense Federal Acquisition Regulation Supplement; Extension of Partnership Agreement-8(a) Program
Document Number: 05-19456
Type: Rule
Date: 2005-09-30
Agency: Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect an extension in the expiration date of a partnership agreement between DoD and the Small Business Administration (SBA). The partnership agreement permits DoD to award contracts to 8(a) Program participants on behalf of SBA.
Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Contractor Re-Certification of Program Compliance
Document Number: 05-19399
Type: Proposed Rule
Date: 2005-09-30
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This proposed rule is to amend the NASA FAR Supplement (NFS) to include a requirement for NASA's Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) contractors to complete a re-certification of program compliance prior to final payment. This requirement is being established to facilitate the Government's ability to hold contractors accountable for compliance with Federal statute, regulation, and program requirements as outlined in the Office of Inspector General's Management Alert Memorandum dated April 28, 2004. As part of its continuing effort to reduce the paperwork and respondent burden, NASA invites the general public and other Federal agencies to comment on this proposed rule and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).
Adoption of Updated EDGAR Filer Manual
Document Number: 05-19315
Type: Rule
Date: 2005-09-30
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect changes made to improve, reorganize and restructure the EDGAR Filer Manual volumes to make it easier for filers and those wishing to apply for EDGAR access codes to locate the information that they need to apply for EDGAR access, maintain company information and submit a filing. With this reorganization, no changes have been made to the filing process. The revisions to the Filer Manual reflect changes within Volumes I, II and III, entitled ``EDGAR Filer Manual Volume I General Information,'' ``EDGAR Filer Manual Volume II EDGAR Filing,'' and ``EDGAR Filer Manual Volume III N-SAR Supplement'' respectively. The updated manual will be incorporated by reference into the Code of Federal Regulations.
Medicare Program; Health Care Infrastructure Improvement Program; Forgiveness of Indebtedness
Document Number: 05-19307
Type: Proposed Rule
Date: 2005-09-30
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would implement section 1016 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) (Pub. L. 108-173) by establishing the loan forgiveness criteria for qualifying hospitals who receive loans under the Health Care Infrastructure Improvement Program.
Medicare Program; Health Care Infrastructure Improvement Program; Selection Criteria of Loan Program for Qualifying Hospitals Engaged in Cancer-Related Health Care
Document Number: 05-19306
Type: Rule
Date: 2005-09-30
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This interim final rule with comment period sets forth the criteria for implementing a loan program for qualifying hospitals engaged in research in the causes, prevention, and treatment of cancer as specified in section 1016 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) (Pub. L. 108-173). Specifically, this rule establishes a loan application process by which qualifying hospitals including specified entities may apply for a loan for the capital costs of health care infrastructure improvement projects.
Drawbridge Operation Regulations; Saugus River, MA
Document Number: 05-19583
Type: Proposed Rule
Date: 2005-09-29
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the General Edwards SR1A Bridge, at mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. This change to the drawbridge operation regulations would allow the bridge to remain in the closed position from November 1, 2005 through April 30, 2006. This action is necessary to facilitate structural maintenance at the bridge.
Royalty Payment and Royalty and Production Reporting Requirements Relief for Federal Oil and Gas Lessees Affected by Hurricane Katrina or Hurricane Rita
Document Number: 05-19533
Type: Rule
Date: 2005-09-29
Agency: Department of the Interior, Minerals Management Service
The Minerals Management Service (MMS) is publishing a final rule to provide immediate temporary relief to reporters in the aftermath of Hurricanes Katrina and Rita. The final rule provides an extension to pay royalties owed on Federal oil and gas leases and report corresponding royalty and production reports. On August 29, 2005, Hurricane Katrina struck the Gulf of Mexico coast of the United States. Subsequently, in late September 2005, Hurricane Rita struck the Gulf Coast. Both hurricanes caused extensive damage to areas in which a number of Federal oil and gas lessees, particularly lessees of offshore leases, have their offices and principal operations. This final rule extends the due date for monthly royalty payments and reports and monthly operations reports for Federal oil and gas lessees, royalty payors, and operators whose operations have been disrupted by one or both of the hurricanes to the extent that the lessee, payor, or operator is prevented from submitting accurate payments or accurate reports. Extending the due date for royalty payments means that late payment interest will not accrue for the period between the original due date and the new due date established by this rule.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Plans and Information
Document Number: 05-19532
Type: Rule
Date: 2005-09-29
Agency: Department of the Interior, Minerals Management Service
MMS is delaying until January 1, 2006, the effective date of a rule that regulates plans and information that lessees and operators must submit in connection with oil and gas exploration, development and production on the Outer Continental Shelf (OCS). This delay is necessary because of damage in the New Orleans area caused by Hurricane Katrina and subsequent flooding. This temporary delay will provide relief to the government and the oil and gas industry as they recover from this disaster.
Broadband Power Line Systems
Document Number: 05-19515
Type: Rule
Date: 2005-09-29
Agency: Federal Communications Commission, Agencies and Commissions
The Commission adopted new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility companies over power lines. Certain rules contained new information collection requirements and were published in the Federal Register on January 7, 2005. This document announces the effective date of these published rules.
The Very Small Business Program
Document Number: 05-19512
Type: Rule
Date: 2005-09-29
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA or Agency) is amending its regulations to remove provisions relating to the Very Small Business Program (VSB). The Agency no longer has statutory authority to provide assistance under this program; therefore, the regulations are unnecessary. Without any authority to carry out the program, removal of the applicable regulations is a ministerial act that does not require a comment period.
Food Labeling; Nutrient Content Claims, Definition of Sodium Levels for the Term “Healthy”
Document Number: 05-19511
Type: Rule
Date: 2005-09-29
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its regulations concerning the maximum sodium levels permitted for foods that bear the implied nutrient content claim ``healthy.'' The agency is retaining the currently effective, less restrictive, ``first-tier'' sodium level requirements for all food categories, including individual foods (480 milligrams (mg)) and meals and main dishes (600 mg), and is dropping the ``second-tier'' (more restrictive) sodium level requirements for all food categories. Based on the comments received about technological barriers to reducing sodium in processed foods and poor sales of products that meet the second-tier sodium level, the agency has determined that requiring the more restrictive sodium levels would likely inhibit the development of new ``healthy'' food products and risk substantially eliminating existing ``healthy'' products from the marketplace. After reviewing the comments and evaluating the data from various sources, FDA has become convinced that retaining the higher first-tier sodium level requirements for all food products bearing the term ``healthy'' will encourage the manufacture of a greater number of products that are consistent with dietary guidelines for a variety of nutrients. The agency has also revised the regulatory text of the ``healthy'' regulation to clarify the scope and meaning of the regulation and to reformat the nutrient content requirements for ``healthy'' into a more readable set of tables, consistent with the Presidential Memorandum instructing that regulations be written in plain language.
Endangered and Threatened Wildlife and Plants; Revised 12-Month Finding for the Southern Rocky Mountain Distinct Population Segment of the Boreal Toad (Bufo boreas boreas
Document Number: 05-19488
Type: Proposed Rule
Date: 2005-09-29
Agency: Fish and Wildlife Service, Department of the Interior
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.
Fees for Reviews of the Rule Enforcement Programs of Contract Markets and Registered Futures Association
Document Number: 05-19461
Type: Rule
Date: 2005-09-29
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commission charges fees to designated contract markets and the National Futures Association (NFA) to recover the costs incurred by the Commission in the operation of a program which provides a service to these entities. The fees are charged for the Commission's conduct of its program of oversight of self-regulatory rule enforcement programs (NFA and the contract markets are referred to as SROs). The calculation of the fee amounts to be charged for FY 2005 is based on an average of actual program costs incurred during FY 2002, 2003, and 2004, as explained below. The FY 2005 fee schedule is set forth in the SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.
Incorporation by Reference of ASME BPV Code Cases
Document Number: 05-19443
Type: Rule
Date: 2005-09-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference NRC Regulatory Guides listing Code Cases published by the American Society of Mechanical Engineers (ASME) which the NRC has reviewed and found to be acceptable for use. These Code Cases provide alternatives to requirements in the ASME Boiler and Pressure Vessel Code (BPV Code) pertaining to construction and inservice inspection of nuclear power plant components. This action updates the incorporation by reference of two regulatory guides that address NRC review and approval of ASME-published Code Cases. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the final regulatory guides. As a result of these related actions, the Code Cases listed in these regulatory guides are incorporated by reference into the NRC's regulations.
Revisions to Accelerated Filer Definition and Accelerated Deadlines for Filing Periodic Reports
Document Number: 05-19427
Type: Proposed Rule
Date: 2005-09-29
Agency: Securities and Exchange Commission, Agencies and Commissions
We are proposing to modify the periodic report filing deadlines so that only the largest accelerated filers (those with a market value of outstanding voting and non-voting common equity held by non-affiliates of $700 million or more) become subject to the final phase-in of the accelerated filing transition schedule that will require annual reports on Form 10-K to be filed within 60 days after fiscal year end. Under our proposed amendments, however, these companies would continue to file their quarterly reports on Form 10-Q under the current 40-day deadline, rather than the 35-day deadline that was scheduled to apply to quarterly reports filed next year. Other accelerated filers would continue to file both their annual and quarterly reports under current deadlines75 days after fiscal year end for annual reports on Form 10-K and 40 days after quarter end for quarterly reports on Form 10-Q. We also are proposing to revise the definition of the term ``accelerated filer'' to permit an accelerated filer that has voting and non-voting common equity held by non- affiliates of less than $25 million to exit accelerated filer status promptly and begin filing its annual and quarterly reports on a non- accelerated filer basis. Finally, the proposed amendments would permit a large accelerated filer that has voting and non-voting common equity held by non-affiliates of less than $75 million to promptly exit large accelerated filer status.
Management's Report on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports of Companies That Are Not Accelerated Filers
Document Number: 05-19426
Type: Rule
Date: 2005-09-29
Agency: Securities and Exchange Commission, Agencies and Commissions
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.
Announcement of Contract Awards
Document Number: 05-19398
Type: Rule
Date: 2005-09-29
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This final rule revises the NASA FAR Supplement (NFS) by amending the anticipated value at which public announcements are required from $25M million or greater to $5 million or greater.
Dividends Paid Deduction for Stock Held in Employee Stock Ownership Plan; Hearing
Document Number: 05-19390
Type: Proposed Rule
Date: 2005-09-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a notice of public hearing on proposed regulations relating to employee stock ownership plans.
Partnership Equity for Services; Hearing Cancellation
Document Number: 05-19389
Type: Proposed Rule
Date: 2005-09-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed regulations relating to the tax treatment of certain transfers of partnership equity in connection with the performance of services.
Endangered and Threatened Species; Petition to Initiate Emergency Rulemaking to Prevent the Extinction of the North Atlantic Right Whale; Final Determination
Document Number: 05-19372
Type: Proposed Rule
Date: 2005-09-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS received a petition dated May 19, 2005 co-signed by Defenders of Wildlife, International Fund for Animal Welfare, International Wildlife Coalition, National Environmental Trust, Natural Resources Defense Council, Oceana, The Humane Society of the United States, The Ocean Conservancy, and Whale and Dolphin Conservation Society, requesting that NMFS ``promulgate emergency regulations, within sixty days, to slow and/or re-route vessels within right whale habitat, as a means of protecting the species until such time as permanent measures can be enacted. Such emergency regulations should require all ships entering and leaving all major East Coast ports to travel at speeds of 12 knots or less within 25 nautical miles of port entrances during expected right whale high-use periods.'' NMFS has determined that the petition is not warranted at this time.
Approval and Promulgation of State Plan for Designated Facilities and Pollutants; North Carolina
Document Number: 05-19352
Type: Rule
Date: 2005-09-29
Agency: Environmental Protection Agency
EPA is approving the Clean Air Act (CAA) section 111(d)/129 State Plan submitted by the North Carolina Department of Environment and Natural Resources (North Carolina DENR) for the State of North Carolina on August 7, 2002, and subsequently revised on December 14, 2004 (State Plan). The State Plan is for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) Units that commenced construction on or before November 30, 1999.
Approval and Promulgation of State Plan for Designated Facilities and Pollutants; North Carolina
Document Number: 05-19351
Type: Proposed Rule
Date: 2005-09-29
Agency: Environmental Protection Agency
EPA proposes to approve the Clean Air Act (CAA) section 111(d)/129 State Plan submitted by the North Carolina Department of Environment and Natural Resources (North Carolina DENR) for the State of North Carolina on August 7, 2002, and subsequently revised on December 14, 2004, for implementing and enforcing the Emissions Guidelines applicable to existing Commercial and Industrial Solid Waste Incinerators. The State Plan was submitted by North Carolina DENR to satisfy CAA requirements. In the final rules section of this Federal Register, EPA is approving the North Carolina State Plan as a direct final rule without prior proposal because the Agency views this as a noncontroversial plan and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to the direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time.
Airworthiness Directives; Boeing Model 747-200F, 747-200C, 747-400, 747-400D, and 747-400F Series Airplanes
Document Number: 05-19239
Type: Proposed Rule
Date: 2005-09-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 747-200F, 747-200C, 747-400, 747-400D, and 747- 400F series airplanes. This proposed AD would require repetitive inspections for cracking of certain fuselage internal structure, and repair if necessary. This proposed AD is prompted by fatigue tests and analysis that identified areas of the fuselage where fatigue cracks can occur. We are proposing this AD to prevent loss of the structural integrity of the fuselage, which could result in rapid depressurization of the airplane.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
Document Number: 05-19238
Type: Proposed Rule
Date: 2005-09-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER airplanes listed above. This proposed AD would require modifying the drain system of the auxiliary power unit (APU) by installing a scavenge pump and, for certain airplanes, replacing the APU exhaust assembly. This proposed AD results from a report of fuel leaking from the APU feeding line and accumulating inside the APU compartment because the drain system is inadequate when the APU is running. We are proposing this AD to prevent fuel accumulation and subsequent flammable fuel vapors in the APU cowling, which, combined with an ignition source, could result in a fire or explosion.
Airworthiness Directives; Airbus Model A300 B2 and A300 B4 Series Airplanes; Model A300 B4-600, B4-600R and F4-600R Series Airplanes, and Model A300 C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes); and Model A310-200 and -300 Series Airplanes
Document Number: 05-19229
Type: Rule
Date: 2005-09-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all the Airbus models identified above. This AD requires modifying the electrical power supply logic for the integral lighting of the standby horizon indicator in the cockpit, accomplishing repetitive operational tests of the integral lighting logic system, and performing corrective action if necessary. This AD is prompted by a report of temporary loss of six cathode ray tube (CRT) flight displays and the integral lighting of the standby horizon indicator backlight in the cockpit during takeoff, due to failure of the normal electrical power circuit. That power circuit supplies power to both the CRTs and the standby horizon indicator backlight. We are issuing this AD to prevent loss of the integral lighting due to failure of the normal electrical power circuit, which could result in inability of the pilot to read the backup attitude information during takeoff, and possible deviation from the intended flight path.
Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes; and Model A340-200 and -300 Series Airplanes
Document Number: 05-19228
Type: Rule
Date: 2005-09-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Airbus transport category airplanes, identified above. This AD requires an inspection to determine if a certain lower pin (p-pin) of the retraction actuator of the main landing gear (MLG) is installed. If the affected p-pin is installed, this AD requires a one-time inspection of the p-pin for correct grease hole position and cracking; repetitive daily inspections for pin migration; and eventual replacement of all p- pins with new p-pins. For any p-pin that is cracked or shows pin migration, this AD requires immediate replacement with a new p-pin. Replacing the p-pin with one that is correctly manufactured (i.e., that has the correct grease hole position) is terminating action for the repetitive inspections. This AD results from a report that a cracked p- pin was found when the MLG was removed for overhaul. We are issuing this AD to prevent failure of the p-pin, which could result in degradation of the MLG structural integrity and possible hazardous landing.
Airworthiness Directives; Boeing Model 767-200 and 767-300 Series Airplanes
Document Number: 05-19227
Type: Rule
Date: 2005-09-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767-200 and 767-300 series airplanes. This AD requires performing a general visual inspection to determine the part number of the I-beams of the center overhead stowage bin modules to identify I-beams having 9.0g (gravitational acceleration) tie rods attached and to determine the configuration of the center overhead stowage bin modules. For certain center overhead stowage bin modules, this AD requires installing support straps. This AD results from tests conducted by the airplane manufacturer. We are issuing this AD to prevent failure of the attachment of the 9.0g tie rods to the center overhead stowage bin modules. This failure could result in collapse of those stowage bin modules, and consequent injury to passengers and crew and interference with their ability to evacuate the airplane in an emergency.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover
Document Number: 05-19096
Type: Rule
Date: 2005-09-29
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,145 acres (ac) (4,921 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located within 3 states, and a total of 20 counties. The county breakdown by State is as follows: CaliforniaSan Diego, Orange, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Monterey, Santa Cruz, San Mateo, Marin, Mendocino, Humboldt, Del Norte; OregonCurry, Coos, Douglas, Lane, Tillamook; and WashingtonPacific, Grays Harbor.
Implementation of Video Description of Video Programming
Document Number: 05-19518
Type: Rule
Date: 2005-09-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) approved the information collection requirements contained in the Implementation of Video Description of Video Programming, Report and Order. The information collections contained in the Report and Order were approved by OMB on February 1, 2001.
Satellite Licensing Procedures
Document Number: 05-19517
Type: Rule
Date: 2005-09-28
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission announces that adopted rule revisions to streamline the procedures for non-routine earth station applications. Certain rules contained new or modified information requirements and were published in the Federal Register on June 2, 2005.
Amendment of the Commission's Rules To Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and the Amend Rules for Digital Class A Television Stations
Document Number: 05-19514
Type: Rule
Date: 2005-09-28
Agency: Federal Communications Commission, Agencies and Commissions
On May 25, 2005, the Federal Communications Commission received Office of Management and Budget (OMB) approval for the revised public information collections, OMB Control Numbers 3060-0016 and 3060- 0932, Amendment of parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and the Amend Rules for Digital Class A Television Stations, MB Docket No. 03-185; FCC 04-220. FCC 04-220 was published at 69 FR 69325 (November 29, 2004). Therefore, the Commission announces that the effective date of the rules contained in 47 CFR 74.701, 74.703, 74.705 74.707, 74.710 and 74.786 through 74.796 is September 15, 2005.
Section 482; Methods To Determine Taxable Income in Connection With a Cost Sharing Arrangement; Hearing
Document Number: 05-19405
Type: Proposed Rule
Date: 2005-09-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document changes the date of the public hearing and provides notice of an extension of time for submitting comments with respect to a notice of proposed rulemaking and notice of public hearing on proposed regulations that provide guidance regarding methods under section 482 to determine taxable income in connection with a cost sharing arrangement.
Extensions of Credit by Federal Reserve Banks
Document Number: 05-19395
Type: Rule
Date: 2005-09-28
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.
Sea Turtle Conservation; Shrimp Trawling Requirements
Document Number: 05-19373
Type: Rule
Date: 2005-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters from the Florida/Alabama border, westward to the boundary of Cameron Parish, Louisiana (approximately 92[deg] 37' W. long.), and extending offshore 50 nautical miles. This action is necessary because environmental conditions resulting from Hurricane Katrina are preventing some fishermen from using TEDs effectively.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 05-19370
Type: Rule
Date: 2005-09-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the daily retention limit for Atlantic bluefin tuna (BFT) in the General category should be adjusted to allow maximum utilization of the General category October-January time period. In addition, NMFS is prohibiting the retention of school BFT less than 47 inches (119 cm) in the recreational fishery for the remainder of the fishing year to ensure that U.S. BFT harvest is consistent with recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) pursuant to the Atlantic Tunas Convention Act (ATCA).
Non-Vessel-Operating Common Carrier Service Arrangements
Document Number: 05-19369
Type: Rule
Date: 2005-09-28
Agency: Federal Maritime Commission, Agencies and Commissions
The Federal Maritime Commission has revised its exemption for non-vessel-operating common carriers (NVOCCs) from certain tariff requirements of the Shipping Act of 1984 to allow NVOCCs and shippers' associations with NVOCC members to act as shipper parties in NVOCC Service Arrangements.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Permits by Rule
Document Number: 05-19358
Type: Rule
Date: 2005-09-28
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removes a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit by rule (PBR). On September 1, 2000, Texas replaced the PBR for concrete batch plants with a standard permit for concrete batch plants. The standard permit for concrete batch plants also requires public notice for concrete batch plants subject to the standard permit. Texas maintained the public notice requirements of its PBR to assure that proper procedures were followed for concrete batch plants that were permitted under the PBR prior to the effective date of the standard permit. All authorization requests for concrete batch plants which were constructed under the PBR have now been resolved and the public notice and comment provisions under the PBR are no longer needed.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Permits by Rule
Document Number: 05-19357
Type: Proposed Rule
Date: 2005-09-28
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removes a provision from the Texas SIP which provided public notice and opportunity for public comment for concrete batch plants which were constructed under a permit by rule (PBR). On September 1, 2000, Texas replaced the PBR for concrete batch plants with a standard permit for concrete batch plants. The standard permit for concrete batch plants also requires public notice for concrete batch plant subject to the standard permit. Texas maintained the public notice requirements of its PBR to assure that proper procedures were followed for concrete batch plants that were permitted under the PBR prior to the effective date of the standard permit. All authorization requests for concrete batch plants which constructed under the PBR have now been resolved and the public notice and comment provisions under the PBR are no longer needed.
Reimbursement to Local Governments for Emergency Responses to Hazardous Substances Releases
Document Number: 05-19354
Type: Rule
Date: 2005-09-28
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of February 18, 1998, to streamline procedures used to reimburse local governments for emergency response costs. Local governments may be reimbursed for certain costs they incur in taking temporary emergency measures related to releases of hazardous substances, pollutants and contaminants. This document is being issued to correct the address to mail the completed application and supporting data provided and the telephone numbers listed in Appendix II to the regulations.
Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers
Document Number: 05-19346
Type: Proposed Rule
Date: 2005-09-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (FCC) initiated a new proceeding to examine whether its roaming requirements applicable to these CMRS providers should be modified, expanded, or eliminated given the current state of the CMRS market. In a related Memorandum Opinion and Order, the FCC terminated a pending proceeding without the adoption of rules concerning roaming requirements applicable to certain Commercial Mobile Radio Services (CMRS) providers because the record in that proceeding had become stale.
Definitions of “Solicit” and “Direct''
Document Number: 05-19330
Type: Proposed Rule
Date: 2005-09-28
Agency: Federal Election Commission, Agencies and Commissions
The Federal Election Commission requests comments on proposed revisions to its definitions of the terms ``to solicit'' and ``to direct'' for its regulations on raising and spending Federal and non- Federal funds. Current Commission regulations define ``to solicit'' as ``to ask that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.'' The regulations define ``to direct'' as ``to ask a person who has expressed an intent to make a contribution, donation, or transfer of funds, or to provide anything of value, to make that contribution, donation, or transfer of funds, or to provide that thing of value.'' These rules were challenged in Shays v. FEC. Upholding a District Court decision, the Court of Appeals held that the Commission's definitions of ``to solicit'' and ``to direct'' were invalid because they violated Congress's intent. The Commission has filed a petition for a rehearing en banc of the Court of Appeals decision. At the same time, to comply with the decisions of the District Court and the Court of Appeals, the Commission is issuing this Notice of Proposed Rulemaking regarding its definitions of ``to solicit'' and ``to direct.'' No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.
Definition of “Client” of a Commodity Trading Advisor
Document Number: 05-19323
Type: Proposed Rule
Date: 2005-09-28
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend Rule 1.3(bb) by adding to that rule a definition of the term ``client,'' as it relates to commodity trading advisors (CTAs) (Proposal). This would clarify inconsistencies in the Commission's regulations concerning the advisees of CTAs. The Proposal would also reflect the Commission's longstanding view that its antifraud authority extends to all CTAs, irrespective of whether they provide advice on a personalized or nonpersonalized basis.
Preparation of Rolls of Indians
Document Number: 05-19322
Type: Proposed Rule
Date: 2005-09-28
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This document reopens the comment period for the proposed rule published on May 19, 2005, which opened the enrollment applications process for the Western Shoshone Identifiable Group of Indians.
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