January 3, 2006 – Federal Register Recent Federal Regulation Documents

The invention listed below is owned by the U.S. Government as represented by the Department of Veterans Affairs, and is available for licensing in accordance with 35 U.S.C. 207 and 37 CFR part 404 and/or Cooperative Research and Development Agreements (CRADA) Collaboration under 15 U.S.C. 3710a to achieve expeditious commercialization of results of federally funded research and development. Foreign patents are filed on selected inventions to extend market coverage for U.S. companies and may also be available for licensing.

This notice grants the Cross Lander USA (``Cross Lander'') application for a temporary exemption from the requirements of S4.2 and S14 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant crash protection. The exemption applies to the Cross Lander 244X vehicle line. In accordance with 49 CFR part 555, the basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.

Public Law 104-275 was enacted on October 9, 1996. It allowed the Department of Veterans Affairs (VA) to provide a monetary allowance towards the private purchase of an outer burial receptacle for use in a VA national cemetery. Under VA regulation (38 CFR 38.629), the allowance is equal to the average cost of Government-furnished graveliners less any administrative costs to VA. The law provides a veteran's survivors with the option of selecting a Government-furnished graveliner for use in a VA national cemetery where such use is authorized. The purpose of this Notice is to notify interested parties of the average cost of Government-furnished graveliners, administrative costs that relate to processing a claim, and the amount of the allowance payable for qualifying interments that occur during calendar year 2006.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on measures, taken by certain health care medical facilities that use medical oxygen, to prevent mixups with other gases.

The Federal Aviation Administration (FAA) is issuing this notice to advise the public that it has issued a Finding of No Significant Impact/Record of Decision (FONSI/ROD), effective December 8, 2005, for the Final Environmental Assessment that evaluated the proposed extension of Runway 6-24 at Erie International Airport (ERI), Tom Ridge Field, Erie, Pennsylvania.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by Northwest Arkansas Regional Airport under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'' and 14 CFR Part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On June 7, 2005, the FAA determined that the noise exposure maps submitted by Northwest Arkansas Regional Airport Authority under Part 150 were in compliance with applicable requirements. On December 2, 2005, the FAA approved the Northwest Arkansas Regional Airport noise compatibility program. Both of the recommendations of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport sponsor.

The Boise National Forest will begin charging fees for the overnight rental of Cottonwood Guard Station, including the Bunkhouse ($35/night), Research House ($40/night), and Ranger House ($40/night). The Dixie National Forest will begin charging fees for the overnight rental of Cowpuncher Guard Station ($45/night), Jones Corral Guard Station ($30/night), and Podunk Guard Station ($30/night). Rentals of other guard station cabins throughout the Intermountain Region have shown that publics appreciate and enjoy the availability of historic rental cabins. Funds from the rental will be used for the continued operation and maintenance of recreation sites.

The Translational Research Working Group (TRWG), a broad panel including advocates, researchers from academia, industry representatives, and government officials, was established in early 2005 to evaluate the status of the National Cancer Institute's (NCI) intramural and extramural investment in translational research in order to develop recommendations on ways to coordinate and optimally integrate activities. The TRWG is also charged with developing implementation strategies that will enable the scientific community and NCI leadership to appropriately prioritize its translational research opportunities. Recommendations will be made to the National Cancer Advisory Board by early 2007. To assist in its future planning efforts, TRWG is asking public stakeholders in the translational research enterprise for feedback on some of the key questions facing the panel and insights on how to proceed.

This interim rule amends the Child and Adult Care Food Program (CACFP) regulations to implement a provision of the Child Nutrition and WIC Reauthorization Act of 2004, which raised the age limit for residents of emergency shelters who are eligible to receive CACFP meals to include children through age 18. This rule also extends eligibility for participation to emergency shelters that primarily serve children through age 18 who are homeless and seeking shelter without their families. These changes are expected to increase the number of emergency shelters that will be eligible to participate in CACFP as well as the number of homeless children that will have access to free, nutritious meals.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393), the Boise and Payette National Forests Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

This notice sets forth the schedule and proposed agenda of an upcoming open teleconference meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of their opportunity to listen as the Council conducts their meeting by teleconference. This notice also describes the functions of the Council. Notice of the Council's meetings is required under section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter. Agenda: The purpose of the meeting will be to discuss the status of NACIE vacancies, update on the Designated Federal Officer position, receive updates on FY06 budget, and the development of the February agenda to include other Federal agencies identified in the Executive Order 13336, American Indian and Alaska Native Education. The Council will review and update the NACIE activity plan. Date and Time: January 20, 2006; 2 to 4 p.m. Location: The Department of Education, Room 1W103, 400 Maryland Avenue, SW., Washington, DC 20202. Note: Attendees will be required to show picture identification to enter the building.

This notice informs the public that the MMS has developed offshore administrative lines from each adjoining coastal state as described below. Having these lines in place provides various benefits, including: 1. Enhancing the Secretary's ability to ensure that the ``4-C's'' communication, consultation and cooperation, all in support of conservationare considered as she engages in efforts to identify which State has the most interest in the extended area offshore from its coastline because of the increasing number of commercial activities on the Federal OCS, such as permits for liquefied natural gas facilities, wind power, and wave energy; 2. Providing the basis for more accurate delineation of OCS planning areas; 3. Assisting in ``affected State'' status under the Coastal Zone Management Act and the OCS Lands Act. For example, section 18 of the OCS Lands Act requires the Secretary to consider the ``laws, goals, and policies of affected States.'' Similarly, section 19 analysis requires the Secretary to balance national interests with the ``well-being of the citizens of the affected State''; 4. Providing a more accurate basis for the Secretary to consider support for, or objections to, a State's request to analyze leasing off its shores. Without such administrative lines, it is difficult to define these areas accurately; 5. Assisting in the section 18 comparative analysis to determine ``an equitable sharing of developmental benefits and environmental risks among regions.'' Such lines will more accurately define the necessary assumptions of what are ``regions''; and 6. Helping define appropriate consultation and information sharing with States. For example, section 19(e) authorizes cooperative agreement with affected States for such activities as information sharing, joint planning, review of plans, and environmental monitoring. This is even more important with the recent passage of the Energy Policy Act of 2005 which gave the MMS the authority to permit alternative and renewable energy projects on the OCS. Many of these projects will be located in areas in which the MMS has not recently been active.

This notice proposes to amend the regulations that implement the section 410 program, under which States can receive incentive grants for alcohol-impaired driving prevention programs. The proposed amendments implement changes that were made to the section 410 program by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU). As a result of SAFETEA-LU, States are provided with two alternative means to qualify for a section 410 grant. Under the first alternative, States may qualify as a ``low fatality rate State'' if they have an alcohol-related fatality rate of 0.5 or less per 100 million vehicle miles traveled (VMT). Under the second alternative, States may qualify as a ``programmatic State'' if they demonstrate that they meet three of eight grant criteria for fiscal year 2006, four of eight grant criteria for fiscal year 2007, and five of eight grant criteria for fiscal years 2008 and 2009. Qualifying under both alternatives would not entitle the State to receive additional grant funds. SAFETEA-LU also provides for a separate grant to the ten States that are determined to have the highest rates of alcohol-related driving fatalities. This notice of proposed rulemaking proposes criteria States must meet and procedures they must follow to qualify for section 410 grants, beginning in fiscal year 2006.

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on silicomanganese from Brazil, China, and Ukraine would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is February 22, 2006. Comments on the adequacy of responses may be filed with the Commission by March 20, 2006. 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).

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is February 22, 2006. Comments on the adequacy of responses may be filed with the Commission by March 20, 2006. 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).

This document contains temporary regulations establishing the Employers' Annual Federal Tax Program (Form 944) (hereinafter referred to as the Form 944 Program). The temporary regulations relate to sections 6011 and 6302 of the Internal Revenue Code (Code) concerning reporting and paying income taxes withheld from wages and reporting and paying taxes under the Federal Insurance Contributions Act (FICA) (collectively, employment taxes). These temporary regulations provide requirements for filing returns under FICA and returns of income tax withheld under section 6011 and Sec. Sec. 31.6011(a)-1 and 31.6011(a)- 4 of the Employment Tax Regulations. These temporary regulations generally require employers who receive written notification from the Commissioner of their qualification for the Form 944 Program to file a Form 944, ``Employer's Annual Federal Tax Return,'' rather than Form 941, ``Employer's Quarterly Federal Tax Return.'' In addition, these temporary regulations provide requirements for employers to make deposits of employment taxes under section 6302 and Sec. 31.6302-1. These temporary regulations permit employers in the Form 944 Program to deposit or remit their accumulated employment taxes annually with their Form 944 if they satisfy the provisions of the de minimis deposit rule, as modified. Also, these temporary regulations modify the lookback period used to determine an employer's status as a monthly or semi-weekly depositor. The portions of this document that are final regulations provide necessary cross-references to the temporary regulations as well as technical revisions. The technical revisions correct the table of contents in Sec. 31.6302-0 and a cross-reference in Sec. 31.6302- 1(e)(2) and remove all references to an IRS district director, as that position no longer exists within the IRS. In addition, a cross- reference to the temporary regulations under section 6011 was added to the final regulations under section 6071, regarding the time for filing returns. The text of the temporary regulations also serves, in part, as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register. In addition to the provisions contained in these temporary regulations related to the Form 944 Program, the proposed regulations provide a modification to the de minimis deposit rule applicable to quarterly return filers.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005- 07 which amend the FAR. An asterisk (*) next to a rule indicates that a Regulatory Flexibility Analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-07 which precedes this document. These documents are also available via the Internet at https://www.acqnet.gov/far.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to modify the provision regarding Annual Representations and Certifications to include a section whereby the contracting officer can insert the appropriate North American Industry Classification System (NAICS) code and small business size standard for the procurement. Its exclusion in the original drafting of the subject provision was an oversight. When the FAR provision is included in a solicitation, the provision regarding Small Business Program Representations, where this information is normally placed, is not included. Without this change, there is no standard way in which the NAICS code and small business size standard can be communicated to the vendor.