Agencies and Commissions October 2005 – Federal Register Recent Federal Regulation Documents

In this document, the Federal Communications Commission (Commission) establishes a regulatory framework for facilities-based providers of wireline broadband Internet access service. Under this framework, the Commission determines that facilities-based wireline broadband Internet access service is an information service, and that facilities-based providers of the service are no longer required to separate out the transmission component (i.e., transmission in excess of 200 kilobits per second (kbps) in at least one direction) of wireline broadband Internet access services as a stand-alone telecommunications service under Title II of the Communications Act of 1934, as amended (Act), subject to a one-year transition period, during which providers must continue to provide existing wireline broadband Internet access transmission offerings, on a grandfathered basis, to unaffiliated information service providers (ISPs). After the transition period, facilities-based wireline broadband Internet access service providers are permitted to offer broadband Internet access services on a common carrier basis under Title II or on a non-common carrier basis. In addition, the Bell Operating Companies (BOCs) are immediately relieved of all requirements associated with the Commission's Computer Inquiry Orders with respect to wireline broadband Internet access services. The document further concludes that the broadband transmission component of wireline broadband Internet access service is not a telecommunication service under the Act. It also addresses other important areas relating to the provision of broadband Internet access services. Overall, this new regulatory framework encourages the ubiquitous availability of broadband to all Americans by removing outdated regulations, developing consistent regulations across broadband platforms, and encouraging broadband investment and deployment.

The Pension Benefit Guaranty Corporation (``PBGC'') intends to request that the Office of Management and Budget (``OMB'') approve, under the Paperwork Reduction Act, revisions to an information collection (OMB control number 1212-0054; expires December 31, 2006) relating to model forms contained in the PBGC booklet, Divorce Orders & PBGC. (The PBGC is changing the title of the booklet to Qualified Domestic Relations Orders & PBGC.) In addition, the PBGC is requesting 3-year approval of the revised collection of information. The booklet provides guidance on how to submit a proper qualified domestic relations order (a ``QDRO'') to the PBGC. The revisions reflect changes in how the PBGC pays benefits. This notice informs the public of the PBGC's intent and solicits public comment on the collection of information.

In accordance with the Privacy Act (5 U.S.C. 552a (e)(4)), we are issuing public notice of our intent to alter and make minor housekeeping changes to two existing systems of records, the Working File of the Appeals Council, HHS/SSA/OHA, 09-60-0004, and the Administrative Law Judge Working File on Claimant Cases System, HHS/ SSA/OHA, 09-60-0005, hereinafter referred to as the ALJ Working File, as follows: Expansion of the record storage medium in each system of records to include the maintenance of records in electronic form; Housekeeping changes that will result in corrections in the systems of records reference number; System name; Notification procedures; Record access procedures; and Contesting records procedures. We also propose to make housekeeping changes to the SSA Litigation Tracking System, HHS/SSA/LS, 09-60-0186 system of records to more accurately reflect the current functions of that system. The proposed changes will include corrections to the following sections of the notice of the SSA Litigation Tracking system of records: Systems of records reference number; System name; Notification procedures; Record access procedures; Contesting record procedures; and System manager. The proposed alteration and housekeeping changes are discussed in the Supplementary Information section below. We invite public comments on this proposal.

The General Services Administration (GSA) is providing notice of a revision to the record system, Purchase Card Program (GSA/PPFM4- 10). The system provides control over expenditure of funds through the use of Federal Government purchase cards. The revision includes a new category of records, credit data, as required by the Consolidated Appropriations Act, 2005 (P.L. 108-447) and Office of Management and Budget guidance. The notice also updates authorities, includes minor editing for clarification purposes, and updates routine uses.

The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. Sec. 1675(c)(5)) to determine whether revocation of the countervailing duty and 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. A schedule for the reviews will be established and announced at a later date. 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 Board has approved modifications to the method for calculating the private sector adjustment factor, which imputes the costs that would have been incurred and profits that would have been earned, including the return on equity capital, had the Federal Reserve Banks' priced services been provided by a private sector business. When setting prices in 2006, the Board will use only the capital asset pricing model to determine the target return on equity capital. Rather than continuing the long-standing process of identifying a peer group to calibrate the target return on equity capital, the return on equity capital will be based on the rate of return for the equity market as a whole. The Board's method for setting the level of equity capital imputed to priced services would continue to be based on the Federal Deposit Insurance Corporation guidelines for a well-capitalized depository institution for insurance premium purposes. In addition, the Board will continue using the financial data from the top fifty bank holding companies by deposit balance to determine the priced-services effective tax rate each year.

This is a notice of the Military Reservist Economic Injury Disaster Loan Program (MREIDL), dated October 1, 2005. Effective Date: October 1, 2005. MREIDL Loan Application Deadline Date: 90 days after the essential employee is discharged or released from active duty.

This is an amendment of the Administrative declaration of a major disaster for the State of Florida, effective 9/30/2005. Incident: Hurricane Katrina. Incident Period: 8/25/2005. Effective Date: 9/30/2005. Physical Loan Application Deadline Date: 11/29/2005. EIDL Loan Application Deadline Date: 6/14/2006.

This is an amendment of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-1607-DR), dated 09/24/ 2005. Incident: Hurricane Rita. Incident Period: 09/23/2005 and continuing. Effective Date: 09/29/2005. Physical Loan Application Deadline Date: 11/23/2005. EIDL Loan Application Deadline Date: 06/26/2006.

This action adds to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board).

The Commission hereby gives notice that it will proceed with a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on tin- and chromium-coated steel sheet from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. For further information concerning the conduct of this review 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 will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on stainless steel wire rod from Brazil, France, and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. 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).

Section 2 of the Depository Institutions Disaster Relief Act of 1992 (DIDRA) authorizes the Agencies to make exceptions to statutory and regulatory requirements relating to appraisals for certain transactions. The exceptions are available for transactions that involve real property in major disaster areas when the exceptions would facilitate recovery from the disaster and would be consistent with safety and soundness. In this notice, the Agencies grant exceptions for certain real estate-related transactions in areas affected by Hurricanes Katrina and Rita. The expiration dates for the exceptions are set out in the SUPPLEMENTARY INFORMATION section.

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in November 2005. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).