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Federal Register / Vol. 70, No.

199 / Monday, October 17, 2005 / Rules and Regulations 60221

implications.’’ ‘‘Policies that have J. Congressional Review Act GENERAL SERVICES


federalism implications’’ is defined in ADMINISTRATION
the Executive Order to include The Congressional Review Act, 5
regulations that have ‘‘substantial direct U.S.C. 801 et seq., as added by the Small 41 CFR Parts 301–11 and 301–74
effects on the States, on the relationship Business Regulatory Enforcement
Fairness Act of 1996, generally provides [FTR Amendment 2005–06; FTR Case 2005–
between the national government and 306]
the States, or on the distribution of that before a rule may take effect, the
power and responsibilities among the Agency promulgating the rule must RIN 3090–AI20
various levels of government.’’ This submit a rule report, which includes a
action does not alter the relationships or copy of the rule, to each House of the Federal Travel Regulation; Per Diem
distribution of power and Congress and the Comptroller General of Expenses (Meals and Incidental
responsibilities established by Congress. the United States. EPA will submit a Expense Allowance) - 2005
report containing this rule and other
F. Executive Order 13175 AGENCY: Office of Governmentwide
required information to the U.S. Senate,
Policy, General Services Administration
The Agency has determined that this the U.S. House of Representatives and
(GSA).
rule does not have any ‘‘tribal the Comptroller General of the United
ACTION: Final rule.
implications’’ as described in Executive States prior to publication of the rule in
Order 13175, entitled Consultation and the Federal Register. This rule is not a SUMMARY: The General Services
Coordination with Indian Tribal ‘‘major rule’’ as defined by 5 U.S.C. Administration (GSA) is amending the
Governments (65 FR 67249, November 804(2). Federal Travel Regulation (FTR), by
6, 2000). Executive Order 13175, List of Subjects in 40 CFR Part 710 revising the meals and incidental
requires EPA to develop an accountable expense (MI&E) allowance rates for the
process to ensure ‘‘meaningful and Environmental protection, Chemicals, deduction of meals furnished by the
timely input by tribal officials in the Hazardous materials, 1,2,3-Propanetriol, Government or meals that are included
development of regulatory policies that Reporting and recordkeeping in a registration fee, for travel within the
have tribal implications.’’ This direct requirements. Continental United States (CONUS).
final rule will not have substantial The FTR and any corresponding
direct effects on tribal governments, on Dated: September 13, 2005. documents may be accessed at GSA’s
the relationship between the Federal Charles M. Auer, website at http://www.gsa.gov/ftr.
Government and Indian tribes, or on the Director, Office of Pollution Prevention and DATES: Effective Date: October 1, 2005.
distribution of power and Toxics. FOR FURTHER INFORMATION CONTACT: The
responsibilities between the Federal Regulatory Secretariat (VIR), Room
Government and Indian tribes, as ■Therefore, 40 CFR chapter I is
4035, GS Building, Washington, DC,
specified in Executive Order 13175. amended as follows: 20405, (202) 208–7312, for information
Thus, Executive Order 13175 does not pertaining to status or publication
PART 710 [AMENDED]
apply to this rule. schedules. For clarification of content,
■ 1. The authority citation for part 710 contact Ms. Umeki Gray Thorne, Office
G. Executive Order 13045
continues to read as follows: of Governmentwide Policy, Travel and
This action does not require OMB Transportation Policy Formulation, at
Authority: 15 U.S.C. 2607(a). (202) 208–7636. Please cite FTR
review or any other Agency action
under Executive Order 13045, entitled Amendment 2005–06; FTR case 2005–
■ 2. Section 710.46 is amended by
Protection of Children from 306.
adding the following entry in ascending
Environmental Health Risks and Safety order to the table in paragraph (b)(2)(iv). SUPPLEMENTARY INFORMATION:
Risks (62 FR 19885, April 23, 1997).
§ 710.46 Chemical substances for which A. Background
H. Executive Order 13211 information must be reported. In July 2005 a study was conducted to
Because this direct final rule is * * * * * evaluate the current cost of meals in
exempt from review under Executive non-standard and standard CONUS
(b) * * *
Order 12866 due to its lack of areas. The previous study of this kind
(2) * * * was conducted in 1998. As a result of
significance, this direct final rule is not
subject to Executive Order 13211, (iv) * * * the 2005 study’s findings, a new meals
Actions Concerning Regulations That and incidental expense rate was
Significantly Affect Energy Supply, CAS NUMBERS OF PARTIALLY EXEMPT approved. These new meal rates and
Distribution, or Use (66 FR 28355, May CHEMICAL SUBSTANCES UNDER new meal breakdown allowances for
§ 710.46(B)(2) meals furnished by the Government or
22, 2001).
meals that are included in a registration
I. National Technology Transfer CAS No. Chemical fee for CONUS travel are provided
Advancement Act under this amendment.
* * * * * B. Executive Order 12866
This action does not involve any 56–81–5 .................... 1,2,3-Propanetriol
technical standards that would require * * * * * This is not a significant regulatory
Agency consideration of voluntary action and, therefore, was not subject to
consensus standards pursuant to section * * * * * review under Section 6(b) of Executive
12(d) of the National Technology Order 12866, Regulatory Planning and
Transfer and Advancement Act of 1995 [FR Doc. 05–20711 Filed 10–14–05; 8:45 am] Review, dated September 30, 1993. This
(NTTAA), Public Law 104–113, section BILLING CODE 6560–50–S rule is not a major rule under 5 U.S.C.
12(d) (15 U.S.C. 272 note). 804.

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60222 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations

C. Regulatory Flexibility Act U.S.C. 801 since it relates solely to ■ 2. Revise section 301–11.18 to read as
This final rule is not required to be agency management and personnel. follows:
published in the Federal Register for List of Subjects in 41 CFR Parts 301–11 § 301–11.18 What M&IE rate will I receive
notice and comment; therefore, the and 301–74 if a meal(s) is furnished by the Government
Regulatory Flexibility Act, 5 U.S.C. 601, or is included in the registration fee?
et seq., does not apply. Government employees, Travel and
transportation expenses. Your M&IE rate must be adjusted for
D. Paperwork Reduction Act a meal(s) furnished to you by the
Dated: October 4, 2005.
The Paperwork Reduction Act does Stephen A. Perry, Government (including meals furnished
not apply because the changes to the under the authority of Part 304 of this
Administrator of General Services.
FTR do not impose recordkeeping or Title) by deducting the appropriate
information collection requirements, or ■ For the reasons set forth in the amount shown in the chart in this
the collection of information from preamble, under 5 U.S.C. 5701–5709, section for travel within CONUS and the
offerors, contractors, or members of the GSA amends 41 CFR parts 301–11 and chart in Appendix B of this Chapter for
public that require the approval of the 301–74 as set forth below:
meal deductions for OCONUS and
Office of Management and Budget under
PART 301–11—PER DIEM EXPENSES foreign travel. The total amount of
44 U.S.C. 3501, et seq.
deductions made will not cause you to
E. Small Business Regulatory ■ 1. The authority citation for 41 CFR receive less than the amount allowed for
Enforcement Fairness Act part 301–11 continues to read as incidental expenses.
This final rule is also exempt from follows:
congressional review prescribed under 5 Authority: 5 U.S.C. 5707.

Total M&IE $39 $44 $49 $54 $59 $64

Breakfast ...................................................................... 7 8 9 10 11 12
Lunch ........................................................................... 11 12 13 15 16 18
Dinner ........................................................................... 18 21 24 26 29 31
Incidentals .................................................................... 3 3 3 3 3 3

PART 301–74—CONFERENCE framework for facilities-based providers Act. It also addresses other important
PLANNING of wireline broadband Internet access areas relating to the provision of
service. Under this framework, the broadband Internet access services.
■ 3. The authority citation for 41 CFR Commission determines that facilities- Overall, this new regulatory framework
part 301–74 continues to read as based wireline broadband Internet encourages the ubiquitous availability of
follows: access service is an information service, broadband to all Americans by
Authority: 5 U.S.C. 5707. and that facilities-based providers of the removing outdated regulations,
service are no longer required to developing consistent regulations across
§ 301–74.21 What is the applicable M&IE
separate out the transmission broadband platforms, and encouraging
rate when meals or light refreshments are
furnished by the Government or are component (i.e., transmission in excess broadband investment and deployment.
included in the registration fee? of 200 kilobits per second (kbps) in at DATES: Effective Date: This rule is
■ 4. Amend § 301–74.21 by revising the least one direction) of wireline effective November 16, 2005.
section heading as set forth above and broadband Internet access services as a
ADDRESSES: Federal Communications
stand-alone telecommunications service
removing from the introductory Commission, 445 12th Street, SW.,
under Title II of the Communications
paragraph of the response ‘‘at nominal Washington, DC 20554.
Act of 1934, as amended (Act), subject
or no cost’’. FOR FURTHER INFORMATION CONTACT:
to a one-year transition period, during
[FR Doc. 05–20690 Filed 10–14–05; 8:45 am] Jodie May or William Kehoe, Attorney-
which providers must continue to
BILLING CODE 6820–14–S
provide existing wireline broadband Advisors, Competition Policy Division,
Internet access transmission offerings, Wireline Competition Bureau, at (202)
on a grandfathered basis, to unaffiliated 418–1580.
FEDERAL COMMUNICATIONS information service providers (ISPs). SUPPLEMENTARY INFORMATION: This is a
COMMISSION After the transition period, facilities- summary of the Commission’s Report
based wireline broadband Internet and Order (Order) in CC Docket Nos.
47 CFR Parts 51, 63, 64 access service providers are permitted to 02–33, 01–337, 95–20, 98–10; WC
[CC Docket Nos. 02–33; 01–337; 95–20; 98– offer broadband Internet access services Docket No. 04–242; FCC 05–150,
10; WC Docket No. 04–242; FCC 05–150] on a common carrier basis under Title adopted August 5, 2005, and released
II or on a non-common carrier basis. In September 23, 2005. The complete text
Appropriate Framework for Broadband addition, the Bell Operating Companies of this document is available for
Access to the Internet Over Wireline (BOCs) are immediately relieved of all inspection and copying during normal
Facilities requirements associated with the business hours in the FCC Reference
AGENCY: Federal Communications Commission’s Computer Inquiry Orders Information Center, Portals II, 445 12th
Commission. with respect to wireline broadband Street, SW., Room CY–A257,
ACTION: Final rule. Internet access services. The document Washington, DC 20554. This document
further concludes that the broadband may also be purchased from the
SUMMARY: In this document, the Federal transmission component of wireline Commission’s duplicating contractor,
Communications Commission broadband Internet access service is not Best Copy and Printing, Inc., 445 12th
(Commission) establishes a regulatory a telecommunication service under the Street, SW., Room CY–B402,

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