Agencies and Commissions August 3, 2005 – Federal Register Recent Federal Regulation Documents

On July 11, 2005, the Committee received a request from the American Manufacturing Trade Action Coalition, the National Council of Textile Organizations, the National Textile Association, and UNITE HERE requesting that the Committee limit imports from China of cotton and man-made fiber nightwear (Category 351/651). They request that a textile and apparel safeguard action, as provided for in the Report of the Working Party on the Accession of China to the World Trade Organization (the Accession Agreement) be applied on imports of such nightwear. The Committee hereby solicits public comments on this request, in particular with regard to whether imports from China of such nightwear are, due to market disruption, threatening to impede the orderly development of trade in this product. Comments must be submitted by September 2, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001A, United States Department of Commerce, 14th and Constitution Avenue, N.W., Washington, DC 20230.

On July 11, 2005, the Committee received a request from the American Manufacturing Trade Action Coalition, the National Council of Textile Organizations, the National Textile Association, and UNITE HERE requesting that the Committee limit imports from China of women's and girls' cotton and man-made fiber woven shirts and blouses (Category 341/641). They request that a textile and apparel safeguard action, as provided for in the Report of the Working Party on the Accession of China to the World Trade Organization (the Accession Agreement) be applied on imports of such shirts and blouses. The Committee hereby solicits public comments on this request, in particular with regard to whether imports from China of such shirts and blouses are, due to market disruption, threatening to impede the orderly development of trade in this product. Comments must be submitted by September 2, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001A, United States Department of Commerce, 14th and Constitution Avenue, N.W., Washington, DC 20230.

In this document, the Commission adopted a Notice of Proposed Rulemaking (NPRM), seeking comment on a number of procedures designed to streamline the process of allocating new FM channels and modifying the communities of license of existing radio stations, and to reduce current backlogs in proceedings to amend the FM Table of Allotments. In the NPRM, the Commission also announced a freeze on all new petitions to amend the FM Table of Allotments, and announced its intention to open a 90-day window during which parties to pending proceedings to amend the FM Table of Allotments, in which Notices of Proposed Rulemaking have been released and comment and reply comment deadlines have passed, may universally settle all conflicts between their proposals and/or counterproposals, without limitation as to reimbursement.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for the elimination of the optional form (OF) called Applying for a Federal Job (OF 510), the revision of the optional form called Optional Application for Federal Employment (OF 612), the specifications of the improved resume builder in the USAJOBS Web site (https://www.USAJOBS.gov), and screen shots of the web pages within the USAJOBS Web site. OPM proposes eliminating the OF 510. The OF 510 is a brochure that has been used to provide guidance to the general public on how to apply for Federal jobs and how to construct a Federal resume (i.e., what necessary work, education, and other information applicants should include in their resumes or other applications). However, the same instructions contained in the OF 510 have been incorporated into the revised OF 612 and the USAJOBS resume builder. The instructions are also available through numerous other sources, including the USAJOBS Web site, that were not available at the time this brochure was originally created. This proposed action will eliminate the need to print, maintain, and distribute an instructional guide in hard copy format now that the information can be readily updated and delivered by leveraging current web and other automated technology. The OF 612 is a form used to collect applicant qualifications information associated with vacancy announcements. The form provides necessary guidance to applicants so that they can be considered for employment when applying for Federal jobs. Presently the OF 612 is downloadable from OPM's electronic forms page on the USAJOBS Web site (https://www.opm.gov/forms) in fillable pdf format. The data collected are necessary for Federal agencies to evaluate applicants for Federal jobs under the authority of sections 1104, 1302, 3301, 3304, 3320, 3361, 3393, and 3394 of title 5, United States Code. OPM has reconstructed the resume builder in the USAJOBS Web site to be in line with the data elements collected in the revised OF 612. The resume builder contains the critical elements applied across the Federal government to assess an applicant's qualifications as required under the aforementioned sections of 5 United States Code. The OF 612 and the resume builder in the USAJOBS Web site contain questions regarding the applicant's education history, including dates of attendance, name, type and place of institution, and degrees earned. Due to the increasing number of claimed degrees earned from non- accredited or bogus institutions, commonly referred to as ``diploma mills,'' the revised OF 612 and the USAJOBS resume ask applicants to list only degrees from schools that were accredited by accrediting institutions recognized by the U.S. Department of Education or other education that meets the provisions of OPM's Operating Manual at www.opm.gov/qualifications/SEC-II/s2-e4.htm. The revised OF 612 and resume builder also advise applicants not to list education from degrees based solely on life experiences, or obtained from schools with little or no academic standards. The USAJOBS Web site is the Federal Government's official one-stop source for Federal jobs and employment information. USAJOBS is operated by OPM and provides job vacancy information, employment fact sheets, job applications/forms, and on-line resume development. Job seekers may create a ``My USAJOBS'' account where they can create up to five resumes. These resumes are stored in one location where they can be updated, saved, or sent at any time. The public reporting burden for the collection of the data will vary from 20 to 240 minutes, with an average of 90 minutes for both, the OF 612 and the online resume builder. This time estimate includes time for reviewing instructions, searching existing data sources, gathering data, and completing and reviewing the information. OF 612burden hours calculation: Estimated number of respondents: 245,000. Average time to complete the OF 612: 90 min. (1.5 hours). 245,000 x 1.5 = 367,500 burden hours. Federal Resumeburden hours calculation: Estimated number of respondents: 3,510,600. Average time to complete the on-line resume builder: 90 min. (1.5 hours). 3,510,600 x 1.5 = 5,265,900 burden hours. The dramatic upsurge in responses is due to expansion and acceptance of resumes in the Federal application process and the advancement of technology to provide for online application, as well as increased interest by job seekers in Federal employment as evidenced by an eightfold growth in visits to the USAJOBS Federal employment information system in FY 2004 over FY 2003. The increase in time is based on new requirements that job applicants provide accreditation information for institutions of higher education from which they have received a degree. As job applicants will need to verify their education against this new requirement, the OF-612 or Federal resume will take longer to complete than it has in the past. As a result of the 60-day notice, OPM received one comment expressing concern about the additional burden for applicants. The reason for this extra burden was the requirement that applicants provide accreditation information for institutions of higher education from which they have received degrees. OPM has determined that this was a valid concern. Therefore, the OF 612 and the resume builder will contain specific instructions to the applicant to list only degrees from facilities that have been duly accredited by the U.S. Department of Education or other education that meets the provisions of OPM's Operating Manual at https://www.opm.gov/qualifications/SEC-II/s2-e4.htm, and not from non-accredited or bogus institutions. For copies of this proposal, contact Mary Beth Smith-Toomey by phone at (202) 606-8358, by FAX at (202) 418-3251, or via e-mail at MaryBeth.Smith-Toomey@opm.gov. Please include a mailing address with your request.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and Purpose of information collection: Continuing Disability Report; OMB 3220-0187. Under Section 2 of the Railroad Retirement Act, an annuity is not payable or is reduced for any month in which the annuitant works for a railroad or earns more than prescribed dollar amounts from either non- railroad employment or self-employment. Certain types of work may indicate an annuitant's recovery from disability. The provisions relating to the reduction or non-payment of annuities by reasons of work and an annuitant's recovery from disability for work are prescribed in 20 CFR 220.17-220.20. The RRB conducts continuing disability reviews (CDR) to determine whether annuitants continue to meet the disability requirements of the law. Provisions relating to when and how often the RRB conducts CDR's are prescribed in 20 CFR 220.186. Form G-254, Continuing Disability Report, is used by the RRB to develop information for CDR determinations, including determinations prompted by a report of work, return to railroad service, allegations of medical improvement, or routine disability call-up. The RRB provides significant non-burden impacting editorial and formatting changes. The editorial changes are proposed largely to provide better instructions and to clarify information currently requested. Form G-254a, Continuing Disability Update Report, is used to help identify disability annuitants whose work activity and/or recent medical history warrants a more extensive review and thus completion of Form G-254. The RRB proposes non-burden impacting changes to Form G- 254a to delete items no longer necessary and to add the Paperwork Reduction Act/Privacy notice that had previously been part of an accompanying transmittal letter. One response is requested of each respondent to Form G-254 and G- 254a. Completion is required to retain a benefit.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 30, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Intermec Technologies Corporation. A letter supplementing the complaint was filed on July 12, 2005. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hand-held mobile computing devices, components thereof and cradles therefor by reason of infringement of claims 62, 66, 67, 71, 126, and 130-132 of U.S. Patent No. 5,410,141, claims 1-3 of U.S. Patent No. 5,468,947, and claims 17-25 and 27-31 of U.S. Patent No. 6,375,344. The complaint further alleges that there exists an industry in the United States as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 1, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, and Unilin Flooring N.C. LLC of Thomasville, North Carolina. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain laminated floor panels by reason of infringement of claims 1, 14, 17, 19, 20, 21, 37, 52, 65, and 66 of U.S. Patent No. 6,006,486, claims 1, 2, 10, 13, 18, 19, 22, 23, 24, and 27 of U.S. Patent No. 6,490,836, and claims 1-6 of U.S. Patent No. 6,874,292. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA policy and procedures (14 CFR part 1216 subpart 1216.3), NASA has prepared and issued a FEIS for the New Horizons mission. The FEIS addresses the potential environmental impacts associated with continuing the preparations for and implementing the mission. The purpose of the Proposed Action, that is NASA's Preferred Alternative, is to explore Pluto, its moon Charon, and possibly one or more objects within the Kuiper Belt. The New Horizons mission is planned for launch in January-February 2006 from Cape Canaveral Air Force Station (CCAFS), Florida, on an expendable launch vehicle. With a launch in mid January 2006, the New Horizons spacecraft would arrive at Pluto as early as 2015 and would conduct scientific investigations of Pluto and its moon, Charon, as it flies past these bodies. The spacecraft may then continue on an extended mission into the Kuiper Belt, where it would investigate one or more of the objects found there. The spacecraft would require electrical power for normal spacecraft operations and to operate the science instruments. One radioisotope thermoelectric generator (RTG) containing plutonium dioxide would be used for this purpose. A backup launch opportunity could occur in February 2007 with an arrival at Pluto in 2019 or 2020 depending upon the exact date of launch.

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 No. 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.

In response to a Notice of Proposed Rule Making, 69 FR 54614 (September 9, 2004), this Report and Order grants the proposal to allot Channel 264A to Palacios, Texas. The coordinates for Channel 264A at Palacios, Texas are 28-36-26 North Latitude and 96-10-00 West Longitude, with a site restriction of 12.2 kilometers (7.6 miles) southeast of Palacios.

In response to a Notice of Proposed Rule Making, 70 FR 19403 (April 13, 2005) this Report and Order grants the proposal to allot Channel 236A to Jacksonville, Texas and also grants requests to relocate the transmitter sites of vacant Channels 237C3, Teague, Texas and 237A, Meridian, Texas, to accommodate the allotment of Channel 236A to Jacksonville. The coordinates for Channel 236A at Jacksonville, Texas are 31-54-15 North Latitude and 95-17-42 West Longitude, with a site restriction of 7.0 kilometers (4.3 miles) east of Jacksonville. The new allotment coordinates of vacant Channel 237C3 at Teague, Texas, are 31-48-30 North Latitude and 96-14-00 West Longitude, with a site restriction of 20.7 kilometers (12.8 miles) north of Teague, Texas. The new allotment coordinates of vacant Channel 237A, Meridian, Texas, are 32-00-00 North Latitude and 97-43-00 West Longitude, with a site restriction of 10.3 kilometers (6.4 miles) northwest of Meridian, Texas.

The Audio Division, at the request of Jeraldine Anderson, allots Channel 291A at Knox City, Texas, as the community's second local FM transmission service. See 66 FR 46427, September 5, 2002. Channel 291A can be allotted to Knox City in compliance with the Commission's minimum distance separation requirements with a site restriction of 11.2 kilometers (7 miles) northwest to avoid a short- spacing to the license of Station KMOZ-FM, Channel 264C1, Grand Junction, Colorado. The coordinates for Channel 291A at Knox City are 33-25-55 North Latitude and 99-47-43 West Longitude. See SUPPLEMENTARY INFORMATION infra.

This document grants four new allotments in Baudette, Minnesota, Fernley, Nevada, Paducah, Texas and Pittsburg, Oklahoma. The Audio Division, at the request of R.P. Broadcasting, Inc., allots Channel 233C1 at Baudette, Minnesota, as the community's first local aural transmission service. The reference coordinates for Channel 233C1 at Baudette are 48-42-52 North Latitude and 94-35-32 West Longitude. The allotment requires a site restriction of 0.6 kilometers (0.4 miles) east to avoid a short-spacing to Canadian Station CHIQ-FM, Channel 232C, Winnipeg, Manitoba, Canada. SUPPLEMENTARY INFORMATION, infra.

This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 235A at Auxvasse, Missouri, as that community's first local service. The proposal also requires the reclassification of Station KSHE(FM), Crestwood, Missouri, Channel 234C to specify operation on Channel 234C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93, 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (2000). An Order to Show Cause was issued to Emmis Radio License, LLC, licensee of Station KSHE(FM). Channel 235A can be allotted at Auxvasse, Missouri, at Petitioner's requested site 10.3 kilometers (6.4 miles) southwest at reference coordinates 38-58-04 NL and 91-59-47 WL.

The Audio Division, at the request of LSM Radio Partners LLC, licensee of Station WWWK(FM), Channel 288C2, Marathon, Florida, allots Channel 289A to Sugarloaf Key, Florida, as its first local service. See 70 FR 17382, published April 6, 2005. To accommodate this allotment, this document also reallots Channel 288C2 from Marathon to Islamorada, Florida, as its second local service and modify the Station WWWK license accordingly. Channel 289A can be allotted to Sugarloaf Key in conformity with the Commission's rules, provided there is a site restriction of 3.6 kilometers (2.2 miles) southwest at coordinates 24- 37-30 NL and 81-32-30 WL. Channel 288C2 can be reallotted to Islamorada, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 15.5 kilometers (9.6 miles) northeast at coordinates 25-01-23 NL and 80-30-06 WL.