2005 – Federal Register Recent Federal Regulation Documents
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Notice of Proposed Information Collection Requests
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.
Notice of Proposed Information Collection Requests
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.
Submission for OMB Review; Comment Request
The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Government-Owned Inventions; Availability for Licensing
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Government-Owned Inventions; Availability for Licensing
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Proposed Collection of Information; Comment Request-Procurement of Goods and Services
As required by the Paperwork Reduction Act (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed extension of approval for a period of three years from the date of approval of a collection of information associated with the procurement of goods and services. Forms used by the Commission for procurement of goods and services request persons who quote, propose, or bid on contracts to provide information needed to evaluate quotes, proposals, and bids in accordance with applicable laws and regulations. The Commission will consider all comments received in response to this notice before requesting extension of approval of this collection of information from the Office of Management and Budget (OMB).
Proposed Collection of Information; Comment Request-Baby-Bouncers, Walker-Jumpers, and Baby-Walkers
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC) requests comments on a proposed extension of approval, for a period of three years from the date of approval by the Office of Management and Budget (OMB), of information collection requirements for manufacturers and importers of children's articles known as baby-bouncers, walker- jumpers, or baby-walkers. The collection of information consists of requirements that manufacturers and importers of these products must make, keep and maintain records of inspections, testing, sales, and distributions consistent with the provisions of the Federal Hazardous Substances Act, 15 U.S.C. 1261, 1262, and 16 CFR part 1500. The CPSC will consider all comments received in response to this notice before requesting approval of this collection of information from OMB.
Proposed Collection; Comment Request-Testing and Recordkeeping Requirements for Carpets and Rugs
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed extension of approval, for a period of three years from the date of approval by the Office of Management and Budget (OMB), of information collection requirements for manufacturers and importers of carpets and rugs. The collection of information is in regulations implementing the Standard for the Surface Flammability of Carpets and Rugs (16 CFR part 1630) and the Standard for the Surface Flammability of Small Carpets and Rugs (16 CFR part 1631). These regulations establish requirements for testing and recordkeeping for manufacturers and importers who furnish guaranties for products subject to the carpet flammability standards. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the OMB.
Petitions for Exemption; Dispositions of Petitions Issued
Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption, part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains the disposition of certain petitions previously received. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.
Membership in the National Parks Overflight Advisory Group Aviation Rulemaking Committee
This document makes a correction to the notice published in the Federal Register announcing an opening on the National Parks Overflight Advisory Group Aviation Rulemaking Committee representing Indian Tribal interests. In that notice, there was no closing date included for nominations. This notice corrects that oversight. Effective Date: This correction is effective on December 5, 2005.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Management (OM), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Certain Pipe and Tube From Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey
The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty order on welded carbon steel pipe and tube from Turkey and the antidumping duty orders on certain pipe and tube from Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.
Drug Enforcement Assistance
The FAA is withdrawing an NPRM to revise certain requirements concerning registration of aircraft, certification of pilots, and penalties for registration and certification violations. We are withdrawing the document because the relief that the NPRM would have provided has been achieved by other means or is addressed by an NPRM we plan to publish in the Federal Register in the near future.
Reports, Forms, and Recordkeeping Requirements
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.
Draft Comprehensive Conservation Plan and Environmental Assessment for Shawangunk Grasslands National Wildlife Refuge
The U.S. Fish and Wildlife Service (Service, we, our) announces that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Shawangunk Grasslands National Wildlife Refuge (NWR) is available for review. The Service prepared this CCP/EA in compliance with the National Environmental Policy Act of 1969, and the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd, et seq.).
Pipeline Safety: Grant of Waiver; Enstar Natural Gas Company
Enstar Natural Gas Company (Enstar) petitioned PHMSA for a waiver of the pipeline safety regulation that prohibits tracer wire from being wrapped around the pipe.
Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments
NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), will allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service
The Copyright Royalty Board of the Library of Congress is announcing the commencement of a proceeding to determine the reasonable rates and terms for the transmission and ephemeral recording statutory licenses that would apply to a new type of service. This new type of subscription service performs sound recordings on digital audio channels programmed by the licensee for transmission by a satellite television distribution service to its residential customers, where the audio channels are bundled with television channels as part of a ``basic'' package of service and not for a separate fee. The Board is also announcing the date by which a party who wishes to participate in the new rate proceeding must file its Petition to Participate and the accompanying $150 filing fee.
Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permit Applications
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified applications.
Drawbridge Operation Regulations; Wishkah River, WA
The Coast Guard proposes to temporarily modify the drawbridge operation regulations for the Heron Street Bridge across the Wishkah River, mile 0.2, at Aberdeen, Washington. The proposed temporary change will enable the bridge owner to delay and plan for openings of the bridge from February 2006 through March 2007. This will facilitate major structural and mechanical rehabilitation of the bridge.
Notice of Availability of the Draft Supplemental Environmental Assessment for the Proposed Modification to the Four Corner-Post Plan at Las Vegas McCarran International Airport
The Federal Aviation Administration (FAA) is issuing this Notice of Availability to advise the public that a Draft Supplemental Environmental Assessment (DSEA) will be available for public review beginning November 22, 2005. The DSEA details the proposed modification to the Four Corner-Post Plan at Las Vegas McCarran International Airport and addresses the potential environmental impacts associated with its implementation. The DSEA presents the Purpose and Need for the proposed project, a comprehensive analysis of the alternatives to the proposed project, and studies the potential environmental impacts associated with the proposed modification to the Four Corner-Post Plan. The Federal Aviation Administration (FAA) proposes to modify an existing departure procedure that was implemented as part of the Four Corner-Post Plan at McCarran International Airport (LAS), Las Vegas, Nevada, in October 2001. The Four Corner-Post Plan was developed and implemented to address growing airspace and air traffic control inefficiencies caused by increases in air traffic in the Las Vegas TRACON airspace. This Draft Supplemental Environmental Assessment (SEA) has been developed to assess the potential environmental impacts that may be associated with the proposed modification of the STAAV Area Navigation (RNAV) Standard Instrument Departure (SID) to accommodate eastbound departures from Runway 25. Public Comment Period and Public Workshops: The public comment period on the DSEA will start November 22, 2005 and will end on December 30, 2005. Public Workshops will be held on December 12, 2005 from 6-9 p.m. at Sierra Vista High School, 8100 W. Robindale Road, Las Vegas, NV and on December 13, 2005 from 6-9 p.m. at Centennial High School, 10200 Centennial Parkway, Las Vegas, NV. The public will be afforded the opportunity to present oral testimony and/or written testimony pertinent to the subject of the workshops. Forms for providing written comments will be available and a court reporter will be available to record oral comments at the Public Workshops. All written comments are to be submitted to Ms. Sara Hassert, Landrum & Brown, Inc., 8755 W. Higgins Rd., Ste. 850, Chicago, IL 60631, fax: 773-638-2901, e-mail: shassert@landrum-brown.com and the comments must be postmarked and email/fax must be sent by no later than midnight, December 30, 2005. The DSEA may be reviewed for comment during regular business hours until December 30, 2005 at the following locations: 1. Nevada State Library and Archives, 100 Stewart St., Las Vegas, NV 89710. 2. Las Vegas Branch Library, 509 S. 9th St., Las Vegas, NV 89101- 7010. 3. Las Vegas Library, 833 Las Vegas Blvd. N, Las Vegas, NV 89101- 2004. 4. Meadows Library, 300 W. Boston Ave, Las Vegas, NV 89102. 5. Rainbow Library, 3150 N. Buffalo Dr., Las Vegas, NV 89128-2823. 6. Sahara West Library, 9600 W. Sahara Ave., Las Vegas, NV 89117- 5959. 7. Spring Valley Library, 4280 S. Jones Blvd., Las Vegas, NV 89103- 3325. 8. Summerlin Library, 1771 Inner Circle, Las Vegas, NV 89134-6119. 9. Sunrise Library, 5400 Harris Ave., Las Vegas, NV 89110-2543. 10. West Charleston Library, 6301 W. Charleston Blvd., Las Vegas, NV 89146-1124. 11. West Las Vegas Library, 951 W. Lake Mead Blvd., Las Vegas, NV 89106-2315. 12. Whitney Library, 5175 E. Tropicana Ave., Las Vegas, NV 89122- 6742. An electronic copy of the DSEA is also available on the Internet and can be accessed at https://www.awp.faa.gov/atenviro (click on Current Environmental Studies to select and view the document).
Notice of Intent To Request Renewal From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Air Carriers Listing of Leading Outsource Maintenance Providers
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. The data from this report will be used to assist the principal maintenance or avionics inspector in preparing the annual FAA surveillance requirements of the leading contract maintenance providers to the air operators.
Amendment to Class E Airspace; Wenatchee, WA
This final rule will revise the Class E airspace area at Wenatchee, WA. Additional Class E airspace is necessary to accommodate aircraft using a new Instrument Landing System (ILS) Standard Instrument Approach Procedure (SIAP) at Wenatchee/Pangborn Memorial Memorial Airport. This change is necessary for the safety of Instrument Flight Rules (IFR) aircraft executing the new SIAP at Wenatchee/ Pangborn Memorial Airport, Wenatchee, WA.
Establishment of Class D Airspace; Eau Claire, WI
This document confirms the effective date of the direct final rule which establishes Class D airspace at Eau Claire, WI.
Public Notice for a Change in Use of Aeronautical Property at Pease International Tradeport, Portsmouth, NH
The FAA is requesting public comment on the Pease Development Authority's request to sell a portion (11.57 acres) of Airport property from aeronautical use to non-aeronautical use. The property is located at 40 Oak Avenue, Portsmouth, New Hampshire and is currently used for revenue production. Upon disposition the property will be used for construction of a Federal building by the General Services Administration. The property was acquired under the Surplus Property Act under a Deed from the United States Air Force dated January 28, 2004. The disposition of proceeds from the disposal of airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999.
Aircraft, Trip-Free Single Phase 115 VAC, 400 Hz Arc Fault Circuit Breakers
This notice announces the availability of, and requests comment on proposed Technical Standard Order (TSO) C-178, Aircraft, Trip-Free Single Phase 115 VAC, 400 Hz Arc Fault Circuit Breakers. This proposed TSO tells persons seeking a TSO authorization or letter of design approval what minimum performance standards (MPS) their arc fault circuit breakers must meet to be identified with the appropriate TSO marking.
Steel Import Monitoring and Analysis System
The Department of Commerce publishes this action to make final an interim final rule that extended and expanded the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2009. This action also expands the list of covered items to include all basic steel mill products, but it also removes certain downstream steel products, which were formerly covered products (certain fittings and flanges, certain cold formed shapes, and certain bars). The purpose of the SIMA system is to provide statistical data on steel imports entering the United States seven weeks earlier than is otherwise publicly available. The data collected on the licenses are made available to the public in an aggregated form weekly after Commerce review.
States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties
The Minerals Management Service (MMS) published final regulations on September 13, 2004 (69 FR 55076), to provide accounting and auditing relief for marginal Federal oil and gas properties. The rule requires MMS to publish in the Federal Register the decisions of the states concerned to allow or not to allow one or both forms of relief in their state. As required in the rule, MMS provided each state receiving a portion of the Federal royalties with a list of qualifying marginal Federal oil and gas properties located in the state so that each affected state could decide whether to participate in one or both relief options. This Notice provides the decisions by the respective states concerned to allow one or both types of relief.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2005-2006 Marketing Year
This rule amends a prior interim final rule that increased the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2005- 2006 marketing year. The prior interim final rule increased the Scotch spearmint oil salable quantity from 677,409 pounds to 1,062,898 pounds, and the allotment percentage from 35 percent to 55 percent. In addition, the prior interim final rule increased the Native spearmint oil salable quantity from 867,958 pounds to 1,019,600 pounds, and the allotment percentage from 40 percent to 47 percent. This action does not affect the Scotch spearmint oil salable quantity and allotment percentage; however, it increases the Native spearmint oil salable quantity by an additional 151,855 pounds from 1,019,600 pounds to 1,171,455 pounds, and the allotment percentage by an additional 7 percent from 47 percent to 54 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Food Stamp Program, Reauthorization: Electronic Benefit Transfer (EBT) and Retail Food Stores Provisions of the Food Stamp Reauthorization Act of 2002
This action provides final rulemaking for a proposed rule published May 6, 2003. It revises Food Stamp Program regulations pertaining to the standards for approval of Electronic Benefits Transfer (EBT) systems, the participation of retail food stores and wholesale food concerns, and the State agency liabilities and Federal sanctions. These changes to the Food Stamp Program's regulations are put forth to implement sections 4108, 4110, 4113 and 4117 of the Food Stamp Reauthorization Act of 2002. These changes will allow the U.S. Department of Agriculture (Department) to use delivery methods other than certified mail when notifying retailers or State agencies of adverse action; permit the Department to approve alternate methods of issuing food stamp benefits during disasters; eliminate the requirement that Federal costs for EBT systems cannot exceed the costs of the paper systems they replace; and allow group homes and institutions to redeem EBT benefits directly through banks rather than going through authorized wholesalers or other retailers.
Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators
To implement section 203 of the Social Security Protection Act of 2004 (SSPA), we propose to revise our regulations on the payment of Social Security and Supplemental Security Income benefits under titles II and XVI of the Social Security Act (the Act). Section 203 requires that title II benefits will not be paid to a person who is a fugitive felon or probation or parole violator, unless good cause is shown as specified in this new law. Section 203 also added a good cause exception to the title XVI fugitive felon ineligibility provision. In addition, we propose to make other changes in our regulations, required by this legislation, such as removing the reference to high misdemeanors in the state of New Jersey. Finally, we propose to clarify our interpretation of the statutory language ``fleeing to avoid'' for the purposes of the title II and title XVI provisions.
Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models, and Labor Attestation Requirements for Employers Using Nonimmigrants on H-1B1 Visas in Specialty Occupations; Filing Procedures
The Employment and Training Administration (ETA) of the Department of Labor (the Department or DOL) is amending its regulations related to the H-1B and H-1B1 programs to generally require employers to use Web-based electronic filing of labor condition applications (LCAs). This final rule also implements technical and clarifying amendments to ETA's H-1B and H-1B1 regulations to correct terminology and addresses, update internal agency procedures, and clarify text. Among these amendments are provisions to reflect Congressional reinstatement of certain attestations and obligations applicable to employers that are H-1B dependent or have committed willful violations of H-1B requirements.
Continuing Disability Review Failure To Cooperate Process
We propose to amend our regulations to provide that we will suspend your disability benefits before we make a determination during a continuing disability review (CDR) under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary information. Should you remain non-compliant for a period of one year following your suspension, we will then terminate your disability benefits. Although our current title XVI regulations generally provide for the termination of payments after 12 months of suspension, we are proposing to amend our regulations by adding this policy to our title II regulations and by restating it in the title XVI CDR regulatory provisions.
Asset-Backed Securities
This document contains corrections to final rules which were published in the Federal Register on Friday, January 7, 2005 (70 FR 1506). The rules relate to the registration, disclosure and reporting requirements for asset-backed securities under the Securities Act of 1933 and the Securities Exchange Act of 1934.
Adoption of Amendments to the Rules of Practice and Related Provisions and Delegations of Authority of the Commission
The Securities and Exchange Commission (``Commission'') is amending its Rules of Practice, certain related provisions, and its delegations of authority to the staff as a result of its experience with these rules and to correct typographical errors and change certain citations. The amendments are intended to enhance the transparency and facilitate parties' understanding of the rules and to make practice under the rules easier and more efficient.
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