Agencies and Commissions July 31, 2008 – Federal Register Recent Federal Regulation Documents

Sunshine Act Meeting: FCC To Hold Open Commission Meeting Friday, August 1, 2008
Document Number: E8-17659
Type: Notice
Date: 2008-07-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission will consider a Memorandum Opinion and Order addressing a complaint and other filings concerning Comcast's network management practices. 2........................ Office of Managing Director..... Title: Assessment and Collection of Regulatory Fees for Fiscal Year 2008 (MD Docket No. 08-65, RM- 11312). Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking pursuant to section 9 of the Communications Act of 1934, as amended, to recover the regulatory costs associated with the Commission's enforcement, policy and rulemaking, user information, and international activities for Fiscal Year 2008 and to seek comment on changes, if any, to the regulatory fee assessment process in the future. 3........................ Wireless Tele-Communications.... Title: Applications of Cellco Partnership d/b/a Verizon Wireless and Rural Cellular Corporation for Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager Leases and Petitions for Declaratory Ruling (WT Docket No. 07- 208). Summary: The Commission will consider a Memorandum Opinion and Order and Declaratory Ruling regarding the applications of Cellco Partnership d/b/a Verizon Wireless and Rural Cellular Corporation (``RCC'') for consent to the transfer of control of licenses, authorizations, and spectrum manager leasing arrangements held by RCC and its subsidiaries from RCC to Verizon Wireless and the petitions for declaratory ruling filed pursuant to section 310(b)(4) requesting that the Commission find that it is in the public interest to extend to RCC and its subsidiaries the foreign ownership ruling previously issued to Verizon Wireless for foreign ownership in excess of 25 percent.
Sunshine Act Meeting
Document Number: E8-17600
Type: Notice
Date: 2008-07-31
Agency: Securities and Exchange Commission, Agencies and Commissions
Personnel Demonstration Project; Pay Banding and Performance-Based Pay Adjustments in the National Nuclear Security Administration; Correction
Document Number: E8-17581
Type: Notice
Date: 2008-07-31
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management published a document in the Federal Register on December 21, 2007, announcing the final approval of a demonstration project plan for the U.S. Department of Energy's National Nuclear Security Administration. The document contained three errors.
Notice of Public Information Collection Being Reviewed by the Federal Communications Commission, Comments Requested
Document Number: E8-17580
Type: Notice
Date: 2008-07-31
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, 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 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information 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.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested
Document Number: E8-17575
Type: Notice
Date: 2008-07-31
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, 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 of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information 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.
Television Broadcasting Services; Spokane, WA
Document Number: E8-17571
Type: Proposed Rule
Date: 2008-07-31
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by KHQ, Incorporated (``KHQ''), the licensee of station KHQ- DT, DTV channel 7, Spokane, Washington, and a related channel substitution proposed by Spokane School District 81 (``Spokane School District''), licensee of noncommercial educational KSPS-DT, DTV channel *8, Spokane, Washington. KHQ requests the substitution of DTV channel 15 for channel 7 at Spokane, and Spokane School District requests substitution of DTV channel *7 for channel *8 at Spokane.
Supervisory Guidance: Supervisory Review Process of Capital Adequacy (Pillar 2) Related to the Implementation of the Basel II Advanced Capital Framework
Document Number: E8-17555
Type: Rule
Date: 2008-07-31
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Office of Thrift Supervision, Comptroller of the Currency
The agencies are publishing guidance regarding the supervisory review process for capital adequacy (Pillar 2) provided in the Basel II advanced approaches final rule, which was published in the Federal Register on December 7, 2007 (advanced approaches final rule). The supervisory review process described in this guidance outlines the agencies' standards for satisfying the qualification requirements provided in the advanced approaches final rule; addressing the limitations of the minimum risk-based capital requirements for credit risk and operational risk; ensuring that each institution has a rigorous process for assessing its overall capital adequacy in relation to its risk profile and a comprehensive strategy for maintaining appropriate capital levels; and encouraging each institution to improve its risk identification and measurement techniques. This supervisory guidance applies to any bank, savings association, or bank holding company \1\ implementing the advanced approaches final rule.
Agency Information Collection Activities: Comment Request
Document Number: E8-17553
Type: Notice
Date: 2008-07-31
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. The full submission may be found at: https://www.reginfo.gov/public/do/ PRAMain. This is the second notice; the first notice was published at 73 FR 30421 and no comments were received. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 72517th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send e-mail to splimpto@nsf.gov. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
Missouri Disaster Number MO-00029.
Document Number: E8-17548
Type: Notice
Date: 2008-07-31
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-1773-DR), dated 06/25/2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 through 07/18/2008. Effective Date: 07/18/2008. Physical Loan Application Deadline Date: 08/25/2008.
Illinois Disaster Number IL-00016
Document Number: E8-17547
Type: Notice
Date: 2008-07-31
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Illinois (FEMA-1771-DR), dated 06/24/2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing. Effective Date: 07/16/2008. Physical Loan Application Deadline Date: 08/25/2008.
Minnesota Disaster Number MN-00015
Document Number: E8-17546
Type: Notice
Date: 2008-07-31
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Minnesota (FEMA-1772-DR), dated 06/25/2008. Incident: Severe Storms and Flooding. Incident Period: 06/07/2008 through 06/12/2008. Effective Date: 07/16/2008. Physical Loan Application Deadline Date: 08/25/2008.
Request for Comments on the Security and Continued Use of Cesium-137 Chloride Sources and Notice of Public Meeting
Document Number: E8-17545
Type: Notice
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is conducting a public meeting to solicit early public input on major issues associated with the use of certain forms of cesium chloride (CsCl) currently used by NRC- and Agreement State- licensees. To aid in that process, the NRC is requesting comments on the issues discussed in this notice. While the NRC has not initiated rulemaking on this subject, we are utilizing the conventionally established rulemaking comment channels. Additionally, the NRC is requesting names of individuals to participate at the public meeting in a roundtable discussion of the issues discussed in Sections II and III of this notice.
Eric Epstein; Denial of Petition for Rulemaking
Document Number: E8-17544
Type: Proposed Rule
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Eric Epstein (PRM-54-5). The petition requests that the NRC amend its regulations that govern renewal of operating licenses for nuclear power plants. Specifically, the petitioner requests that the NRC conduct a comprehensive review of U.S. nuclear power plant licensees' emergency planning during the license renewal proceedings. The NRC is denying the petition because the petition presents issues that the Commission carefully considered when it first adopted the license renewal rule and denied petitions for rulemaking submitted by Andrew J. Spano, County Executive, Westchester County, New York (PRM-54-02), and Mayor Joseph Scarpelli of Brick Township, New Jersey (PRM-54-03). The Commission's position is that the NRC's emergency planning system is part of a comprehensive regulatory process that is intended to provide continuing assurance that emergency planning for every nuclear plant is adequate. Thus, the Commission has already extensively considered and addressed the types of issues raised in the petition. Also, the petition fails to present any significant new information or arguments that would warrant the requested amendment.
Notice of Availability and Solicitation of Public Comments on Documents Under Consideration To Establish the Technical Basis for New Performance-Based Emergency Core Cooling System Requirements
Document Number: E8-17543
Type: Notice
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is announcing the availability of Research Information Letter (RIL) 0801, ``Technical Basis for Revision of Embrittlement Criteria in 10 CFR 50.46'' and NUREG/CR-6967, ``Cladding Embrittlement During Postulated Loss-of- Coolant Accidents,'' and is seeking public comment on these documents. The NRC is soliciting comment on the subject documents to confirm that a sufficient technical basis exists to proceed with new performance- based regulations on emergency core cooling system (ECCS) acceptance criteria, and to identify issues that may arise with respect to experimental data development or regulatory costs or impacts of new requirements.
Draft Regulatory Guide: Issuance, Availability
Document Number: E8-17542
Type: Notice
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E8-17541
Type: Notice
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on May 8, 2008. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 31, General Domestic Licenses for Byproduct Material. 3. Current OMB approval number: 3150-0016. 4. The form number if applicable: N/A. 5. How often the collection is required: Reports are submitted as events occur. General license registration requests may be submitted at any time. Changes to the information on the registration may be submitted as they occur. 6. Who will be required or asked to report: Persons receiving, possessing, using, or transferring devices containing byproduct material. 7. An estimate of the number of annual responses: 35,663 (1,073 NRC responses + 3,900 NRC recordkeepers + 11,290 Agreement State responses + 19,400 Agreement State recordkeepers). 8. The estimated number of annual respondents: Approximately 3,900 NRC general licensees and 19,400 Agreement State general licensees. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 10,868 hours (1,460 hours for NRC licensees [485 hours reporting and 975 hours recordkeeping] and 9,408 hours for Agreement State licensees [4,558 hours reporting and 4,850 hours recordkeeping]). 10. Abstract: 10 CFR Part 31 establishes general licenses for the possession and use of byproduct material in certain devices. General licensees are required to keep testing records and submit event reports identified in Part 31, which assist NRC in determining with reasonable assurance that devices are operated safely and without radiological hazard to users or the public. 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, Maryland 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 September 2, 2008. 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.
Cohen & Steers Advantage Income Realty Fund, Inc., et al.; Notice of Application
Document Number: E8-17539
Type: Notice
Date: 2008-07-31
Agency: Securities and Exchange Commission, Agencies and Commissions
Missouri Disaster Number MO-00030
Document Number: E8-17538
Type: Notice
Date: 2008-07-31
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1773-DR), dated 06/28/ 2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing through 07/18/2008. Effective Date: 07/18/2008. Physical Loan Application Deadline Date: 08/27/2008. EIDL Loan Application Deadline Date: 03/30/2009.
Fees for Reviews of the Rule Enforcement Programs of Contract Markets and Registered Futures Associations
Document Number: E8-17531
Type: Notice
Date: 2008-07-31
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commission charges fees to designated contract markets and registered futures associations to recover the costs incurred by the Commission in the operation of its program of oversight of self- regulatory organization (SRO) rule enforcement programs (17 CFR part 1 Appendix B) (National Futures Association (NFA), a registered futures association, and the contract markets are referred to as SROs). The calculation of the fee amounts to be charged for FY 2008 is based upon an average of actual program costs incurred during FY 2005, 2006, and 2007, as explained below. The FY 2008 fee schedule is set forth in the SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.
Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940
Document Number: E8-17504
Type: Notice
Date: 2008-07-31
Agency: Securities and Exchange Commission, Agencies and Commissions
Applicant seeks an order declaring that it has ceased to be an investment company. On April 16, 2007, each series of applicant transferred its assets to a corresponding series of either Legg Mason Partners Equity Trust or Legg Mason Partners Income Trust, based on net asset value. Expenses of approximately $1,016,235 incurred in connection with the reorganization were paid by applicant and Legg Mason, Inc., the parent of applicant's investment adviser. Filing Date: The application was filed on July 16, 2008. Applicant's Address: 55 Water St., New York, NY 10041.
Price-Anderson Act Financial Protection Regulations and Elimination of Antitrust Reviews; Correction
Document Number: E8-17436
Type: Rule
Date: 2008-07-31
Agency: Nuclear Regulatory Commission, Agencies and Commissions
On October 27, 2005 (70 FR 61885), the Nuclear Regulatory Commission (NRC) published a final rule revising its regulations to conform with the provisions of the Energy Policy Act of 2005 that, among other things, terminated the NRC's authority and responsibility to conduct antitrust reviews of future applications to construct or operate a nuclear reactor. Inadvertently, the final rule failed to remove some references to the NRC's authority and responsibility to conduct antitrust reviews. This rule removes those provisions.
Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules
Document Number: E8-17416
Type: Notice
Date: 2008-07-31
Agency: Federal Trade Commission, Agencies and Commissions
Determination of Appropriateness of Standards of the United Kingdom's Financial Services Authority for Oversight and Supervision of ICE Clear Europe Limited, a Multilateral Clearing Organization
Document Number: E8-17357
Type: Notice
Date: 2008-07-31
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (CFTC) is issuing an Order pursuant to Section 409(b)(3) of the Federal Deposit Insurance Corporation Improvement Act (FDICIA). Section 409(b)(3) provides that the Commission (or one of several other authorized U.S. financial regulators) may determine that the supervision by a foreign financial regulator of a multilateral clearing organization (MCO) for over-the- counter (OTC) instruments satisfies appropriate standards. The Commission is issuing this Order with respect to the supervision by the United Kingdom's (UK) Financial Services Authority (FSA) of ICE Clear Europe Limited (ICE Clear Europe).
Inflation Adjustment of Maximum Forfeiture Penalties
Document Number: E8-17254
Type: Rule
Date: 2008-07-31
Agency: Federal Communications Commission, Agencies and Commissions
This document increases the maximum monetary forfeiture penalties available to the Commission under its rules governing monetary forfeiture proceedings to account for inflation. The inflationary adjustment is necessary to implement the Debt Collection Improvement Act of 1996, which requires federal agencies to adjust ``civil monetary penalties provided by law'' at least once every four years. The increase covers the period between June of the year the particular forfeiture amount was last set or adjusted and June 2007. The increase in the Consumer Price Index for the relevant period was applied to each maximum penalty, and then rounded using the statutorily defined rules to adjust each maximum monetary forfeiture penalty accordingly. The base forfeiture amounts in the Commission's rules remain unchanged by this rule revision.
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