Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 60221 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ This 

action does not alter the relationships or 

distribution of power and 

responsibilities established by Congress. 

F. Executive Order 13175 

The Agency has determined that this 

rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ This direct 

final rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045 

This action does not require OMB 

review or any other Agency action 

under Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

H. Executive Order 13211 

Because this direct final rule is 

exempt from review under Executive 

Order 12866 due to its lack of 

significance, this direct final rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

I. National Technology Transfer 

Advancement Act 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and the Comptroller General of 

the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 710 

Environmental protection, Chemicals, 

Hazardous materials, 1,2,3-Propanetriol, 

Reporting and recordkeeping 

requirements. 

Dated: September 13, 2005. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 710 [AMENDED] 

■ 1. The authority citation for part 710 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

■ 2. Section 710.46 is amended by 

adding the following entry in ascending 

order to the table in paragraph (b)(2)(iv). 

§ 710.46 Chemical substances for which 

information must be reported. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) * * * 

CAS NUMBERS OF PARTIALLY EXEMPT

CHEMICAL SUBSTANCES UNDER

§ 710.46(B)(2) 

CAS No. Chemical 

* * * * * 

56–81–5 .................... 1,2,3-Propanetriol 

* * * * * 

* * * * * 

[FR Doc. 05–20711 Filed 10–14–05; 8:45 am] 

BILLING CODE 6560–50–S 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–11 and 301–74 

[FTR Amendment 2005–06; FTR Case 2005–

306] 

RIN 3090–AI20 

Federal Travel Regulation; Per Diem 

Expenses (Meals and Incidental 

Expense Allowance) - 2005 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Travel Regulation (FTR), by 

revising the meals and incidental 

expense (MI&E) allowance rates for the 

deduction of meals furnished by the 

Government or meals that are included 

in a registration fee, for travel within the 

Continental United States (CONUS). 

The FTR and any corresponding 

documents may be accessed at GSA’s 

website at http://www.gsa.gov/ftr. 

DATES: Effective Date: October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VIR), Room 

4035, GS Building, Washington, DC, 

20405, (202) 208–7312, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Ms. Umeki Gray Thorne, Office 

of Governmentwide Policy, Travel and 

Transportation Policy Formulation, at 

(202) 208–7636. Please cite FTR 

Amendment 2005–06; FTR case 2005–

306. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In July 2005 a study was conducted to 

evaluate the current cost of meals in 

non-standard and standard CONUS 

areas. The previous study of this kind 

was conducted in 1998. As a result of 

the 2005 study’s findings, a new meals 

and incidental expense rate was 

approved. These new meal rates and 

new meal breakdown allowances for 

meals furnished by the Government or 

meals that are included in a registration 

fee for CONUS travel are provided 

under this amendment. 

B. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

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

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

notice and comment; therefore, the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates solely to 

agency management and personnel. 

List of Subjects in 41 CFR Parts 301–11 

and 301–74 

Government employees, Travel and 

transportation expenses. 

Dated: October 4, 2005. 

Stephen A. Perry, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5709, 

GSA amends 41 CFR parts 301–11 and 

301–74 as set forth below: 

PART 301–11—PER DIEM EXPENSES 

■ 1. The authority citation for 41 CFR 

part 301–11 continues to read as 

follows: 

Authority: 5 U.S.C. 5707. 

■ 2. Revise section 301–11.18 to read as 

follows: 

§ 301–11.18 What M&IE rate will I receive 

if a meal(s) is furnished by the Government 

or is included in the registration fee? 

Your M&IE rate must be adjusted for 

a meal(s) furnished to you by the 

Government (including meals furnished 

under the authority of Part 304 of this 

Title) by deducting the appropriate 

amount shown in the chart in this 

section for travel within CONUS and the 

chart in Appendix B of this Chapter for 

meal deductions for OCONUS and 

foreign travel. The total amount of 

deductions made will not cause you to 

receive less than the amount allowed for 

incidental expenses. 

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 

PLANNING 

■ 3. The authority citation for 41 CFR 

part 301–74 continues to read as 

follows: 

Authority: 5 U.S.C. 5707. 

§ 301–74.21 What is the applicable M&IE 

rate when meals or light refreshments are 

furnished by the Government or are 

included in the registration fee? 

■ 4. Amend § 301–74.21 by revising the 

section heading as set forth above and 

removing from the introductory 

paragraph of the response ‘‘at nominal 

or no cost’’. 

[FR Doc. 05–20690 Filed 10–14–05; 8:45 am] 

BILLING CODE 6820–14–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 51, 63, 64 

[CC Docket Nos. 02–33; 01–337; 95–20; 98–

10; WC Docket No. 04–242; FCC 05–150] 

Appropriate Framework for Broadband 

Access to the Internet Over Wireline 

Facilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: 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 facilitiesbased 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, facilitiesbased 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. 

DATES: Effective Date: This rule is 

effective November 16, 2005. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Jodie May or William Kehoe, AttorneyAdvisors, Competition Policy Division, 

Wireline Competition Bureau, at (202) 

418–1580. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) in CC Docket Nos. 

02–33, 01–337, 95–20, 98–10; WC 

Docket No. 04–242; FCC 05–150, 

adopted August 5, 2005, and released 

September 23, 2005. The complete text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402,