Requirements and procedures applicable to appeals before the Departmental Grant Appeals Board--Department of Health and Human Services. Notice of proposed rulemaking

The Department of Health and Human Services (HHS) proposes to delete the material currently set forth in 45 CFR Part 16, and substitute new requirements and procedures applicable to disputes arising under certain HHS grants and other programs. HHS also proposes to add certain related provisions to 45 CFA Part 74, which contains general requirements applicable to all HHS grants and cooperative agreements. These proposed provisions are intended to improve the Department's capability to provide a fair, quick and flexible process for appeal from final written decisions.     

PCR-RFLP identification of Diptera (Calliphoridae,Muscidae and Sarcophagidae)--a generally applicable method

A simple, rapid method using restriction fragment length polymorphisms (RFLPs) within the internal transcribed spacer (ITS) regions of the ribosomal DNA gene repeat allows identification of insects and other organisms. We used the method to identify the morphologically similar Diptera larvae that are important in forensic entomology for estimating the time and location of death. Polymerase chain reaction (PCR) was used to amplify a region from the 18S to the 28S rRNA genes. The ITS1 and ITS2 regions provided variation between species and homogeneity within species, with the exception of Cochliomya macellaria. Combinations of the restriction enzymes DdeI, HinfI and Sau3AI provided diagnostic bands for identification of the ten species from three families of Diptera (Calliphoridae, Muscidae and Sarcophagidae).     

论中国海事侵权的法律适用

传统上,中国海事侵权案件的法律选择依照《中华人民共和国民法通则》第146条和《中华人民共和国海商法》第273条及第275条的规定。在《中华人民共和国涉外民事关系法律适用法》颁布后,海事侵权案件（包括船舶碰撞）的法律选择完全可以依照该法第44条的规定,但在适用侵权行为地法规则时须做些调整,对于发生于船舶内部的侵权行为和仅涉及两艘同国籍船舶的海事侵权案件须视船舶为侵权行为地而适用船旗国法律,对于发生于公海的无船旗国法律可适用的海事侵权案件则适用法院地法律。《中华人民共和国海商法》关于海事赔偿责任限制法律适用的规定也可并入《中华人民共和国涉外民事关系法律适用法》。     

公用企业合法垄断之否定

传统的观点认为,公用企业是典型的自然垄断行业,同时也受到了法律的厚爱。但现实中,它不仅没有达到立法者的良好初衷,反而从一个社会福祉的创造者蜕变成了狭隘的经济人,而且是一个有着国家意志和行政权力作掩护的更容易掠夺消费者的经济人,对社会利益造成了极大的损害。本文通过对必要性和可行性分析,肯定了公用企业也应该适用反垄断法,并就此考察了几个特殊问题。     

A new serial number marking system applicable to firearms identification.

A new system for physically recording serial numbers on individual items is proposed. Each serial number is converted to a unique array of points, and this array is recorded on the item by drilling a set of holes having the arrangement of the array into the item. Laser drilling can be used to produce holes of small diameter for the array. The identifying marks extend into the item and cannot be readily removed as surface stampings. In some cases the serial number can be marked in a critical area, so that its removal would destroy the usefulness of the item. This system is particularly suitable for the marking of firearms.     

我国劳动法适用对象的扩大及其思考

在市场经济发展的过程中,随着多元经济的产生和利益格局的重构,劳动关系发生了重大的改组和分化,呈现出前所未有的多样性、复杂性和交叉性。与此同时,以劳动关系为调整对象的劳动法也在不断的发展和完善,其适用对象也在不断的扩大。劳动法对劳动者的保护作用正呈现出巨大的生命力,但也出现了一些值得思考的问题。     

Continuation coverage requirements applicable to group health plans. Internal Revenue Service (IRS). Treasury. Final rule

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) added health care continuation requirements that apply to group health plans. Coverage required to be provided under those requirements is referred to as COBRA continuation coverage. Proposed regulations interpreting the COBRA continuation coverage requirements were published in the Federal Register of June 15, 1987 and of January 7, 1998. This document contains final regulations based on these two sets of proposed regulations. The final regulations also reflect statutory amendments to the COBRA continuation coverage requirements since COBRA was enacted. A new set of proposed regulations addressing additional issues under the COBRA continuation coverage provisions is being published elsewhere in this issue of the Federal Register. The regulations will generally affect sponsors of and participants in group health plans, and they provide plan sponsors and plan administrators with guidance necessary to comply with the law.     

The law applicable in Italy to the capacity of natural persons in relation to trusts

This article highlights the substantive law categories of capacityof natural persons and the corresponding characterization accordingto international private law; the law applicable to the capacityof the settlor; the law applicable to the capacity of the trustee,of the protector and of other persons in a similar positionof the first one; the law applicable to the capacity of thebeneficiary; the law applicable to the capacity to choose thegoverning law of the trust, and the law applicable to the capacityto stand in legal testings of the Trusts subjects.     

Requirements of prosecution services to deal with cyber crime

The advent of digital technology and the convergence of computing and communications have begun to change the way we live. These trends have also created unprecedented opportunities for crime. Criminal activities that were not foreseeable two decades ago have become facts of life today. Digital technologies now provide ordinary citizens, even juveniles, with the capacity to inflict massive harm. It is essential for public prosecutors to equip themselves with the knowledge that will permit an effective response. The continued uptake of digital technology will create new opportunities for criminal exploitation.     

Revisions to the requirements applicable to blood, blood components and source plasma. Direct final rule

The Food and Drug Administration (FDA) is amending the biologics regulations by removing, revising, or updating specific regulations applicable to blood, blood components and Source Plasma to be more consistent with current practices in the blood industry and to remove unnecessary or outdated requirements. We are taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations without diminishing public health protection. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under our usual procedures for notice and comment in the event that we receive any significant adverse comments on the direct final rule. If we receive any significant adverse comments that warrant terminating the direct final rule, we will consider such comments on the proposed rule in developing the final rule.     

Hazardous waste management system: standards applicable to generators of hazardous waste and standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities--Environmental Protection Agency. Proposed rule

The Environmental Protection Agency (EPA) is today proposing amendments to its hazardous waste regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA). These amendments would replace the annual reporting requirements for hazardous waste generators and owners and operators of hazardous waste treatment, storage, ad disposal (TSD) facilities with a biennial survey of representative samples of those populations. This approach will provide verifiable data on a wider range of topics, better serve EPA's long term regulatory needs under RCRA, and reduce significantly the information burden on the regulated community.     

Sanctions applicable to letter of credit administration--Office of the Secretary, HHS. Proposed rule

We are proposing regulations that would govern the imposition of sanctions against recipient organizations holding letters of credit under programs administered by the Department of Health and Human Services. The regulations would describe the conditions which may prompt the imposition of sanctions and would establish uniform procedures for providing affected recipient organizations: (1) Adequate notice of the grounds upon which proposed sanctions are based, (2) an opportunity to respond to the factual and legal bases of the proposed sanctions, and (3) a reasoned decision that articulates the factual and legal bases of the Department's final decision. We believe that these uniform procedures would be useful both as a sound management tool for the Department and as a guide to grantees and contractors.     

Cost allocation methodology applicable to the temporary assistance for needy families program. Final rule

This final rule applies to the Temporary Assistance for Needy Families (TANF) program and requires States, the District of Columbia and the Territories (hereinafter referred to as the "States") to use the "benefiting program" cost allocation methodology in U.S. Office of Management and Budget (OMB) Circular A-87 (2 CFR part 225). It is the judgment and determination of HHS/ACF that the "benefiting program" cost allocation methodology is the appropriate methodology for the proper use of Federal TANF funds. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave federally-recognized Tribes the opportunity to operate their own Tribal TANF programs. Federally-recognized Indian tribes operating approved Tribal TANF programs have always followed the "benefiting program" cost allocation methodology in accordance with OMB Circular A-87 (2 CFR part 225) and the applicable regulatory provisions at 45 CFR 286.45(c) and (d). This final rule contains no substantive changes to the proposed rule published on September 27, 2006.