2005 – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App., notice is hereby given that the Information Security and Privacy Advisory Board (ISPAB) will meet Tuesday, December 6, 2005, from 8:30 a.m. until 5 p.m. and Wednesday, December 7, 2005, from 8:30 a.m. until 5 p.m. All sessions will be open to the public. The Advisory Board was established by the Computer Security Act of 1987 (Pub. L. 100-235) and amended by the Federal Information Security Management Act of 2002 (Pub. L. 107-347) to advise the Secretary of Commerce and the Director of NIST on security and privacy issues pertaining to Federal computer systems. Details regarding the Board's activities are available at https://csrc.nist.gov/ispab/.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that there will be a meeting of the Board of Overseers of the Malcolm Baldrige National Quality Award on December 2, 2005. The Board of Overseers is composed of eleven members prominent in the field of quality management and appointed by the Secretary of Commerce, assembled to advise the Secretary of Commerce on the conduct of the Baldrige Award. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology with the members of the Judges Panel of the Malcolm Baldrige National Quality Award. The agenda will include: Report from the Judges' Panel, Baldrige Program Update, Potential Program Changes, Discussion with NIST Director, Baldrige Marketing Collaborative Progress, Overseers Role in Raising Awareness of the Baldrige Program, and Recommendations for NIST Director.

On November 18th, 2004 the Advisory Council on Historic Preservation (Council) approved a program comment that facilitates the Navy's and Air Force's compliance with the National Historic Preservation Act, with regard to management of their inventories of Capehart and Wherry Era housing units, associated structures, and landscape features.

The invention listed below is assigned to the United States Government as represented by the Secretary of the Navy and is available for licensing by the Department of the Navy. U.S. Patent Application Serial No. 11/099,781 entitled ``One-Dimensional Iris Signature for Iris Identification'', Navy Case No. 96,365, and any continuations, divisionals or re-issues thereof.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that the data the Department gathers can be provided in the desired format, that the reporting burden on the public (time and financial resources) is minimized, that the public understands the Department's collection instruments, and that the Department can accurately assess the impact of collection requirements on respondents. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments concerning an extension of the information collections in ERISA Technical Release 91-1, issued in 1991. Technical Release 91-1 provides guidance on permitted transfers of excess assets from a defined benefit pension plan to a retiree health benefits account under provisions of the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA). A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.

NMFS announces that the commercial salmon fishery in the area from the Oregon-California Border to Humboldt South Jetty, CA, was modified to close at midnight on Friday, September 16, 2005. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

In accordance with the provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Bay Marina Management Incorporated (BMMI) to take marine mammals by Level B harassment incidental to dredging on the west side of the Pier 39 Marina on the San Francisco waterfront, CA.

NOAA's National Marine Fisheries Service (NMFS) is issuing a final determination to list the Southern Resident killer whale distinct population segment (DPS) as endangered under the Endangered Species Act of (ESA) 1973. Following an update of the status review of Southern Resident killer whales (Orcinus orca) under the ESA, NMFS published a proposed rule to list the Southern Resident killer whale DPS as threatened on December 22, 2004. After considering public comments on the proposed rule and other available information, we reconsidered the status of Southern Residents and are issuing a final rule to list the Southern Resident killer whale DPS as an endangered species. The prohibition on take of an endangered species will go into effect at the time this final rule is effective (see DATES).

Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior is renewing the Advisory Committee on Water Information (ACWI). The ACWI has been established under the authority of the Office of Management and Budget and Budget Memorandum No. M-92-01 and the Federal Advisory Committee Act. The purpose of this Presidential Committee is to represent the interests of water-information users and professionals in advising the Federal Government on Federal water-information programs and their effectiveness in meeting the Nation's water- information needs. Member organizations help to foster communications between the Federal and non-Federal sectors on sharing water information. Membership represents a wide range of water resources interests and functions. Representation on the ACWI includes all levels of government, academia, private industry, and professional and technical societies. Member organizations designate their representatives and alternates. Membership is limited to a maximum of 35 organizations. The Committee will function solely as an advisory body, and in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Act, 15 days from the date of publication of this notice. For Further Information Contact: Ms. Toni M. Johnson (Executive Secretary), Chief, Water Information Coordination Program, U.S. Geological Survey, 12201 Sunrise Valley Drive, MS 417, Reston VA 20192. Telephone: 703-648-6810; Fax: 703-648-5644.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The FTC intends to survey consumers to advance its understanding of the incidence of identity theft (``ID Theft'') and to allow the FTC to better serve the people who experience ID Theft and the law enforcement agencies that investigate and prosecute it. The survey is a follow-up to the FTC's ID Theft Survey conducted in March 2003 and released in September 2003. Before gathering this information, the FTC is seeking public comments on its proposed consumer research. The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501- 3520).

U.S. Agency for International Development (USAID) has submitted the following information collections to OBM for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding this information collection are best assured of having their full effect if received within 30 days of this notification. Comments should be sent via e-mail to David Rostker@omb.eop.gov or fax to 202-395-7285. Copies of submission may be obtained by calling (202) 712-1365. Supplementary Information: OMB Number: OMB 0412-0514. Form Number: N/A. Title: USAID Regulation 1Rules and Procedures Applicable to Commodity Transactions Financed by USAID (22 CFR part 201). Type of Submission: Renewal of Information Collection. Purpose: The U.S. Agency for International Development (USAID) finances transactions under Commodity Import Programs and needs to assure that the transaction complies with applicable statutory and regulatory requirements. In order to assure compliance and request refunds when appropriate, information is required from host country importers, suppliers receiving USAID funds, and banks making payments for USAID. Annual Reporting Burden: Respondents: 335. Total annual responses: 2,643. Total annual hours requested: 1,042 hours.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval.

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

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

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

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

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

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

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