Agencies and Commissions November 4, 2005 – Federal Register Recent Federal Regulation Documents

Applicant seeks an order declaring that it has ceased to be an investment company. On February 18, 2005, applicant transferred its assets to JP Morgan U.S. Real Estate Fund, a series of JP Morgan Trust II, based on net asset value. Expenses of $850,000 incurred in connection with the reorganization were paid by applicant's investment adviser, Security Capital Research & Management Incorporated, or its affiliates. Filing Date: The application was filed on September 29, 2005. Applicant's Address: 10 South Dearborn St., Suite 1400, Chicago, IL 60603.

On September 8, 2005 (70 FR 53313), the U.S. Nuclear Regulatory Commission (NRC) published for public comment a proposed rule that would amend its regulations governing the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. The proposed rule would implement the U.S. Environmental Protection Agency's (EPA's) proposed standards for doses that could occur after 10,000 years but within the period of geologic stability. The comment period for EPA's proposed standards currently expires on November 21, 2005 (extended 30 days from October 21, 2005); the comment period for NRC's proposed rule currently expires on November 7, 2005. A letter was received from U.S. Senators Harry Reid and John Ensign from the State of Nevada requesting that the comment period for NRC's proposed rule be extended to a total of 180 days, or at least past the date of EPA's 30-day extension. Another letter representing several citizen and environmental groups requested that the deadline for comments be extended to 180 days. In addition, a letter from the Agency for Nuclear Projects, on behalf of the State of Nevada, requested that NRC extend its comment period for an additional 30 days, consistent with EPA's 30-day extension of its comment period. Given the interrelationship between these two proposed rules, and for consistency with the ongoing EPA rulemaking process, NRC has decided to extend the comment period for its rulemaking an additional 30 days to December 7, 2005, for a total comment period of 90 days. In vacating the compliance period in NRC's rule at 10 CFR part 63, the United States Court of Appeals for the District of Columbia Circuit has made clear that it is ``NRC's obligation under the [Energy Policy Act of 1992] to maintain licensing criteria that are consistent with the public health and safety standards promulgated by EPA.'' See Nuclear Energy Institute, Inc. v. EPA, 373 F.3d 1251, 1299 (D.C. Cir. 2004). Thus NRC's proposed rule, for the most part, simply implements EPA's proposed standards for doses that could occur after 10,000 years but within the period of geologic stability, and its final rule will need to implement any changes EPA may make with respect to its standards. NRC's proposed rule provides further detail for implementing the EPA standard in only two specific areas: A value to represent climate change after 10,000 years; and a requirement that calculations of radiation doses for workers use the same weighting factors that EPA is proposing for calculating individual doses to members of the public. A lengthy period of time should not be needed by potential commenters to address these issues. Hence the NRC's 30-day extension is believed to be appropriate.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Final Regulations (40 CFR Parts 1500 through 1508); and the USIBWC's Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981, (46 FR 44083); the USIBWC hereby gives notice that the Final Environmental Assessment and Finding of No Significant Impact for Alternatives for Improved Flood Control of the Hidalgo Protective Levee System, in the Lower Rio Grande Flood Control Project, located in Hidalgo County, Texas are available. A notice of finding of no significant impact dated June 30, 2005, provided a thirty (30) day comment period before making the finding final. The Notice was published in the Federal Register on July 8, 2005 (70 FR 39527).

The National Science Foundation (NSF) is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') granting the joint motion of complainant Linear Technology Corporation and respondent Monolithic Power Systems, Inc. to terminate the above- captioned investigation on the basis of a settlement agreement and consent order.

The United States Commission on Civil Rights proposes to amend its regulation on the SAC membership criteria to ensure both diversity and nondiscrimination are considered in its SAC member appointment process.

We are proposing to revise the definitions of the age categories we use as one of the criteria in determining disability under titles II and XVI of the Social Security Act (the Act). The proposed changes reflect our adjudicative experience, advances in medical treatment and healthcare, changes in the workforce since we originally published our rules for considering age in 1978, and current and future increases in the full retirement age under Social Security law. The proposed changes would not affect the rules under part 404 of our regulations for individuals age 55 or older who have statutory blindness. They also would not affect our other rules that are dependent on age, such as the age at which you can qualify for early retirement benefits or for Medicare as a retired individual.