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

Pursuant to section 994(a), (o), and (p) of title 28, United States Code, the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. This notice sets forth the proposed amendments and, for each proposed amendment, a synopsis of the issues addressed by that amendment. This notice also provides multiple issues for comment, some of which are contained within proposed amendments. The specific proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment to implement sections 2 and 5 of the Identity Theft Penalty Enhancement Act, Public Law 108-275 and a related issue for comment; (2) a proposed amendment to implement the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, Public Law 108-237 and related issues for comment; (3) an issue for comment on how to implement the directive to the Commission in section 3 of the Anabolic Steroid Control Act of 2004, Public Law 108-358; and (4) proposed amendments that make various technical and conforming amendments to the guidelines.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') terminating the investigation as to one patent claim.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NUREG/BR-0238, Materials Annual Fee Billing Handbook; NRC Form 628, ``Financial EDI Authorization''; NUREG/BR-0254, Payment Methods; NRC Form 629, ``Authorization for Payment by Credit Card''. 3. The form number if applicable: NRC Form 628, ``Financial EDI Authorization''; NRC Form 629, ``Authorization for Payment by Credit Card''. 4. How often the collection is required: Annually. 5. Who will be required or asked to report: Anyone doing business with the Nuclear Regulatory Commission including licensees, applicants and individuals who are required to pay a fee for inspections and licenses. 6. An estimate of the number of annual responses: 7,330 (10 for NRC Form 628 and 7,320 for NRC Form 629 and NUREG/BR-0254). 7. The estimated number of annual respondents: 7,330 (10 for NRC Form 628 and 7,320 for NRC Form 629 and NUREG/BR-0254). 8. An estimate of the total number of hours needed annually to complete the requirement or request: 611 (.8 hour for NRC Form 628 and 610 hours for NRC Form 629 and NUREG/BR-0254). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: The U.S. Department of the Treasury encourages the public to pay monies owed the government through use of the Automated Clearinghouse Network and credit cards. These two methods of payment are used by licensees, applicants, and individuals to pay civil penalties, full cost licensing fees, and inspection fees to the NRC. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by March 25, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0190), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415-7233.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled Administrative, Program Development Assistance & Training, Disability Funds to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Ms. Kim Mansaray at (202) 606-5000, ext. 249. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565- 2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

This document sets forth two proposals to amend the FM Table of Allotments, Sec. 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of Channel 269A at Hornbeck, Louisiana, as a first local service. Channel 269A can be allotted at Hornbeck in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.2 km (4.5 miles) west of Hornbeck. The proposed coordinates for Channel 269A at Hornbeck are 31-18-42 North Latitude and 93-28-12 West Longitude. See SUPPLEMENTARY INFORMATION infra.

This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 296C3 at Paint Rock, Texas, as the community's first local aural transmission service. Channel 296C3 can be allotted to Paint Rock in compliance with the Commission's rules provided there is a site restriction of 15 kilometers (9.3 miles) east at coordinates 31-31-15 North Latitude and 99-45-45 West Longitude. To accommodate this allotment, this document also proposes the relocation of reference coordinates for vacant FM Channel 296C2 at Big Lake, Texas with a site restriction of 24.1 kilometers (15.0 miles) southwest at coordinates 31-02-00 NL and 101- 38-00 WL. The proposed Paint Rock allotment and the proposed site for the Big Lake allotment both requires Mexican concurrence since these proposed allotments are located within 320 kilometers (199 miles) of the U.S.-Mexican border. See SUPPLEMENTARY INFORMATION.

This document grants a petition filed by SSR Communications Incorporated proposing the allotment of Channel 272C3 at Pahrump, Nevada, as that community's third local service. See 69 FR 35560, published June 25, 2004. This document also denies a petition filed by Steven M. Greeley, licensee of Station KJJJ(FM), Lake Havasu City, Arizona, requesting the substitution of Channel 272C for Channel 272B at Lake Havasu City, Arizona, reallotment of Channel 272C from Lake Havasu City to Pahrump, Nevada, as its third local service, and modification of Station KJJJ(FM)'s license accordingly. Channel 272C3 can be allotted to Pahrump, consistent with the minimum distance separation requirements of section 73.207(b) of the Commission's Rules, provided there is a site restriction of 6.1 kilometers (3.8 miles) northwest of the community. The reference coordinates for Channel 272C3 at Pahrump are 36-14-09 North Latitude and 116-02-32 West Longitude.

On January 21, 2005, the Commission published a notice inviting the general public and other Federal agencies to take the opportunity to comment on information collection(s) for OMB Control No. 3060-1061. On page 5446, columns 1 and 2, the Needs and Uses for the information collection were inaccurately described. This notice contains the correct description of the Needs and Uses for the Information Collection.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration has submitted to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding GSA Form 1364,proposal to lease space (not required by regulation). A request for public comments was published at 69 FR 69940, December 1, 2004. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

The United States International Trade Commission (Commission) hereby amends its Rules of Practice and Procedure (Rules) regarding antidumping and countervailing duty (AD/CVD) investigations as well as certain safeguard and market disruption proceedings. Under the amended Rules, parties are required to file prehearing briefs no later than five business days before the hearing, and they must file in camera requests no later than seven business days prior to the hearing. Such in camera requests and any comments to those requests must be served by hand-delivery or next-day service. Further, petitions filed after 12 noon will be deemed to be filed the following business day. The amended Rules no longer require clerical or other staff to file an administrative protective order (APO) application with the Commission; however, they must sign a form maintained by an authorized APO applicant. Finally, parties must file new APO applications in NAFTA appeals.

The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on March 8, 2005. The meeting will be a continued discussion on the ``Update to Medical Event Criteria Definition.'' During this discussion, an ACMUI subcommittee will forward to the full ACMUI its final recommendations regarding revision of the medical event criteria definition in 10 CFR Part 35. NRC staff is seeking the ACMUI's recommendations on this issue, as well as any recommendations on communicating associated risks to the public.

This gives notice of OPM decisions granting authority to make appointments under Schedules A, B and C in the excepted service as required by 5 CFR 6.6 and 213.103.

The Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2005, less the amounts appropriated from the Nuclear Waste Fund (NWF). The total amount to be recovered for FY 2005 is approximately $540.7 million. After accounting for carryover and billing adjustments, the net amount to be recovered through fees is approximately $538 million.