Agencies and Commissions December 30, 2008 – Federal Register Recent Federal Regulation Documents

Sunshine Act Meeting; Open Commission Meeting Via Conference Call; Tuesday, December 30, 2008
Document Number: E8-31141
Type: Notice
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
Order Exempting the Trading and Clearing of Certain Products Related to iShares® COMEX Gold Trust Shares and iShares® Silver Trust Shares
Document Number: E8-31110
Type: Notice
Date: 2008-12-30
Agency: Commodity Futures Trading Commission, Agencies and Commissions
On November 12, 2008, the Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') published for public comment in the Federal Register \1\ a proposal to exempt the trading and clearing of certain contracts called ``options'' and other contracts called ``security futures'' on each of iShares[supreg] COMEX Gold Trust Shares (``Gold Products'') and iShares[supreg] Silver Trust Shares (``Silver Products'') (collectively, ``Gold and Silver Products'') from the provisions of the Commodity Exchange Act (``CEA'') \2\ and the regulations thereunder to the extent necessary to permit them to be traded and cleared as described below. The contracts are proposed to be traded on national securities exchanges (as to options) and designated contract markets registered with the Securities and Exchange Commission (``SEC'') as limited purpose national securities exchanges (as to security futures), and in both cases to be cleared through the Options Clearing Corporation (``OCC'') in its capacity as a registered securities clearing agency. Authority for this exemption is found in Section 4(c) of the CEA.\3\
Television Broadcasting Services; Huntsville, AL
Document Number: E8-31034
Type: Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Local TV Alabama License, LLC (``Local TV''), the licensee of station WHNT- DT, to substitute DTV channel 46 for its assigned post-transition DTV channel 19 at Huntsville, Alabama.
Notice 2008-14; Repeal of Increased Contribution and Coordinated Party Expenditure Limits for Candidates Opposing Self-Financed Candidates
Document Number: E8-31032
Type: Rule
Date: 2008-12-30
Agency: Federal Election Commission, Agencies and Commissions
The Federal Election Commission (``Commission'') is removing its rules on increased contribution limits and coordinated party expenditure limits for Senate and House of Representatives candidates facing self-financed opponents. These rules were promulgated to implement sections 304 and 319 of the Bipartisan Campaign Reform Act of 2002, known as the ``Millionaires' Amendment.'' In Davis v. Federal Election Commission, the Supreme Court held that sections 319(a) and (b), regarding House of Representatives elections, were unconstitutional. The Court's analysis also applies to the contribution and spending limits in section 304 regarding Senate elections. The Commission, therefore, is removing its rules that implement the Millionaires' Amendment. However, the Commission is retaining certain other rules that were not affected by the Davis decision. Further information is provided in the supplementary information that follows.
Television Broadcasting Services; Superior, NE
Document Number: E8-31030
Type: Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Colins Broadcasting Corporation, the permittee of station KSNB-DT, to substitute DTV channel 4 for its assigned post-transition DTV channel 34 at Superior, Nebraska.
Television Broadcasting Services; Santa Ana, CA
Document Number: E8-31028
Type: Proposed Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
The Commission requests comments on a channel substitution proposed by Trinity Christian Center of Santa Ana, Inc., d/b/a Trinity Broadcasting Network (``Trinity''), the licensee of KTBN-DT, post- transition DTV channel 23, Santa Ana, California. Trinity requests the substitution of DTV channel 33 for post-transition DTV channel 23 at Santa Ana.
Methods for Computing Withdrawal Liability; Reallocation Liability Upon Mass Withdrawal; Pension Protection Act of 2006
Document Number: E8-31015
Type: Rule
Date: 2008-12-30
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This final rule amends PBGC's regulation on Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR part 4211) to implement provisions of the Pension Protection Act of 2006 that provide for changes in the allocation of unfunded vested benefits to withdrawing employers from a multiemployer pension plan, and that require adjustments in determining an employer's withdrawal liability when a multiemployer plan is in critical status. Pursuant to PBGC's authority under section 4211(c)(5) of ERISA to prescribe standard approaches for alternative withdrawal liability methods, the final rule also amends this regulation to provide additional modifications to the statutory methods for determining an employer's allocable share of unfunded vested benefits. In addition, pursuant to PBGC's authority under section 4219(c)(1)(D) of ERISA, this final rule amends PBGC's regulation on Notice, Collection, and Redetermination of Withdrawal Liability (29 CFR part 4219) to improve the process of fully allocating a plan's total unfunded vested benefits among all liable employers in a mass withdrawal. Finally, this final rule amends PBGC's regulation on Terminology (29 CFR part 4001) to reflect the definition of a ``multiemployer plan'' added by the Pension Protection Act of 2006.
Possible Revision or Elimination of Rules
Document Number: E8-31007
Type: Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
This document invites members of the public to comment on the Federal Communication Commission's (FCC's or Commission's) rules to be reviewed pursuant to section 610 of the Regulatory Flexibility Act of 1980, as amended (RFA). The purpose of the review is to determine whether Commission rules whose ten-year anniversary dates are in the year 2007, as contained in the Appendix, should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s).
Television Broadcasting Services; Omaha, NE
Document Number: E8-31006
Type: Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Mitts Telecasting Company, licensee of station KXVO-DT, to substitute DTV channel 38 for its assigned post-transition DTV channel 15 at Omaha, Nebraska.
Delegation of Authority and Change in Position Title
Document Number: E8-31001
Type: Rule
Date: 2008-12-30
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'') is amending certain provisions of its part 140 regulations to add the Chief Economist and the Deputy Chief Economist of the Office of the Chief Economist as persons to whom certain authorities are delegated. The Commission is also amending part 140 to reflect a change in position title from ``Regional Coordinators'' to ``Regional Administrators.''
Texas Disaster # TX-00326
Document Number: E8-31000
Type: Notice
Date: 2008-12-30
Agency: Small Business Administration, Agencies and Commissions
This is a notice of an Administrative declaration of a disaster for the State of Texas dated 12/18/2008. Incident: Severe Storms and Tornadoes. Incident Period: 12/08/2008. Effective Date: 12/18/2008. Physical Loan Application Deadline Date: 02/16/2009. Economic Injury (EIDL) Loan Application Deadline Date: 09/18/2009.
Telecommunications Relay Services, Speech-to-Speech Services, E911 Requirements for IP-Enabled Service Providers
Document Number: E8-30999
Type: Rule
Date: 2008-12-30
Agency: Federal Communications Commission, Agencies and Commissions
The Commission addressed several issues relating to the Commission's Internet-based TRS Order, which adopted a system to assign users of Internet-based Telecommunications Relay Service (TRS), specifically Video Relay Service (VRS) and Internet-Protocol (IP) Relay, ten-digit numbers linked to the North American Numbering Plan (NANP).
Interest Rates
Document Number: E8-30998
Type: Notice
Date: 2008-12-30
Agency: Small Business Administration, Agencies and Commissions
Request for Input No. 2 (RFI-2)-National Cyber Leap Year
Document Number: E8-30979
Type: Notice
Date: 2008-12-30
Agency: National Science Foundation, Agencies and Commissions
This request is being issued as the second for the National Cyber Leap Year under the Comprehensive National Cybersecurity Initiative (CNCI). The goal of the National Cyber Leap Year is to identify the most promising game-changing ideas with the potential to reduce vulnerabilities to cyber exploitations by altering the cybersecurity landscape. The first RFI prompted over 160 responses; indicating a strong interest from the technical community to participate. This RFI-2 expands the opportunities for participation by permitting submitters to designate parts of submissions as proprietary. Continued multidisciplinary contributions from organizations with cybersecurity interests are strongly encouraged. Overview: This Request for Information No. 2 (RFI-2) is the second issued under the Comprehensive National Cybersecurity Initiative (CNCI), established within Homeland Security Presidential Directive (HSPD)-23. RFI-2 was developed by the Networking and Information Technology Research and Development (NITRD) Program Senior Steering Group (SSG) for Cybersecurity to invite participation in a National Cyber Leap Year whose goal is an integrated national approach to make cyberspace safe for the American way of life. Over 160 responses were submitted to the first RFI issued by the NITRD SSG (October 14, 2008), indicating a strong desire by the technical community to participate. RFI-2 expands the opportunities for participation by permitting submitters to designate parts of submissions as proprietary. Background: We are a cyber nation. The U.S. information infrastructureincluding telecommunications and computer networks and systems and the data that reside on themis critical to virtually every aspect of modern life. This information infrastructure is increasingly vulnerable to exploitation, disruption, and destruction by a growing array of adversaries. The President's CNCI plan calls for leap-ahead research and technology to reduce vulnerabilities to asymmetric attack in cyberspace. Unlike many research agenda that aim for steady progress in the advancement of science, the leap-ahead effort seeks just a few revolutionary ideas with the potential to reshape the landscape. These game-changing technologies (or non- technical mechanisms that are made possible through technology), developed and deployed over the next decade, will fundamentally change the cyber game into one where the good guys have an advantage. Leap- ahead technologies are so-called because they enable us to leap over the obstacles preventing us from being where we want to be. These advances may require years of concerted research and development to be fully realized; good ideas often do. However, the intent is to start now and gain momentum as intermediate results emerge. Objective: The National Cyber Leap Year has two main goals: (1) Constructing a national research and technology agenda that both identifies the most promising ideas and describes the strategy that brings those ideas to fruition; and (2) jumpstarting game-changing, multi-disciplinary development efforts. The Leap Year will run during fiscal year 2009, and will comprise two stages: prospecting and focusing. Stage One canvasses the cybersecurity community for ideas. Our aim is to hear from all those who wish to help. The heart of Stage Two, which begins February 1, 2009, is a series of workshops to explore the best ideas from Stage One. As the year progresses, we will publish four types of findings: (1) Game-changersdescriptions of the paradigm-busters that technology will make possible; (2) Technical Strategyas specifically as possible, the invention and/or research that needs to be done; (3) Productization/Implementationhow the capability will be packaged, delivered, and used, and by whom; and (4) Recommendations prescriptions for success, to include funding, policies, authorities, taskingwhatever would smooth the way to realization of the game- changing capability. Deadline for Submission under this RFI-2: The second round of the Stage One cycle is covered by this RFI-2 and will close February 20, 2009. Subsequent cycles will be announced by separate RFIs. All Stage One cycles are expected to be complete by April 15, 2009.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: E8-30976
Type: Proposed Rule
Date: 2008-12-30
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges, on behalf of the Copyright Royalty Board, are proposing to revise its interim regulations for filing notice of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act.
Notice of Agency Meeting
Document Number: E8-30949
Type: Notice
Date: 2008-12-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
Union Electric Company; Notice of Withdrawal of Application for Amendment to Facility Operating License
Document Number: E8-30945
Type: Notice
Date: 2008-12-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Biweekly Notice Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Correction
Document Number: E8-30943
Type: Notice
Date: 2008-12-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document corrects a notice appearing in the Federal Register on December 2, 2008 (73 FR 73351), that lists all notices of amendments issued, or proposed to be issued from November 6, 2008, to November 19, 2008. This action is necessary to correct an erroneous amendment number.
Notice of Availability of Model Safety Evaluation, Model No Significant Hazards Determination, and Model Application for Licensees That Wish To Adopt TSTF-511, Revision 0, “Eliminate Working Hour Restrictions From TS 5.2.2 To Support Compliance With 10 CFR Part 26”
Document Number: E8-30939
Type: Notice
Date: 2008-12-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice is hereby given that the staff of the U.S. Nuclear Regulatory Commission (NRC) has approved TSTF-511, Revision 0, ``Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26,'' and has prepared a model license amendment request (LAR), model safety evaluation (SE), and model proposed no significant hazards consideration (NSHC) determination related to deletion of paragraph d of Technical Specification (TS) 5.2.2 in Standard Technical Specifications (STS). The purpose of these models is to permit the NRC to efficiently process license amendment applications that propose to adopt TSTF-511, Revision 0. TSTF-511, Revision 0 revises the Administrative Controls section of STS to support compliance with a recent revision to 10 CFR Part 26, ``Fitness For Duty Programs.'' Licensees of nuclear power reactors to which the model applies may request amendments using the model application. The NRC issued a Federal Register notice (73 FR 16966, March 31, 2008) of the issuance of a final rule that amended 10 CFR Part 26. The revised regulations in 10 CFR Part 26, Subpart I supersede working hour restrictions contained in TS. The NRC staff hereby announces that the model SE and NSHC determination may be referenced in plant-specific applications to adopt the changes. The NRC staff can most efficiently consider applications based upon the model application if the application is submitted within a year of this Federal Register notice.
In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation
Document Number: E8-30930
Type: Notice
Date: 2008-12-30
Agency: International Trade Commission, Agencies and Commissions
Notice is hereby given that the U.S. International Trade Commission has determined that there is no violation of 19 U.S.C. 1337 by respondents in the above-referenced investigation. The investigation is terminated.
Federal Advisory Committee Act; Board of Advisors Charter Renewal
Document Number: E8-30912
Type: Notice
Date: 2008-12-30
Agency: Election Assistance Commission, Agencies and Commissions
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463), the purpose of this notice is to announce that the U.S. Election Assistance Commission (EAC) has renewed the charter for the Board of Advisors for a two-year period through December 19, 2010. The Board of Advisors is a federal advisory committee under the Federal Advisory Committee Act.
Agency Information Collection Activities; Proposed Collection; Comment Request
Document Number: E8-30881
Type: Notice
Date: 2008-12-30
Agency: Federal Trade Commission, Agencies and Commissions
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through April 30, 2012 the current PRA clearance for information collection requirements contained in the Pay-Per-Call Rule (``Rule''). That clearance expires on April 30, 2009.
Physics Proposal for Physics; Notice of Meeting
Document Number: E8-30879
Type: Notice
Date: 2008-12-30
Agency: National Science Foundation, Agencies and Commissions
Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940
Document Number: E8-30855
Type: Notice
Date: 2008-12-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Applicant seeks an order declaring that it has ceased to be an investment company. On September 15, 2008, applicant transferred its assets to BlackRock Global Science & Technology Opportunities Portfolio, a series of BlackRock FundsSM, based on net asset value. Expenses of $487,556 incurred in connection with the reorganization were paid by BlackRock Advisors, LLC, applicant's investment adviser, or its affiliates. Filing Date: The application was filed on November 12, 2008. Applicant's Address: 800 Scudders Mill Rd., Plainsboro, NJ 08536.
Minimum Capital Ratios; Capital Adequacy Guidelines; Capital Maintenance; Capital: Deduction of Goodwill Net of Associated Deferred Tax Liability
Document Number: E8-30780
Type: Rule
Date: 2008-12-30
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 Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of Thrift Supervision (OTS) (collectively, the Agencies) are amending their regulatory capital rules to permit banks, bank holding companies, and savings associations (collectively, banking organizations) to reduce the amount of goodwill that a banking organization must deduct from tier 1 capital by the amount of any deferred tax liability associated with that goodwill. For a banking organization that elects to apply this final rule, the amount of goodwill the banking organization must deduct from tier 1 capital would reflect the maximum exposure to loss in the event that such goodwill is impaired or derecognized for financial reporting purposes.
Program Fraud Civil Remedies Act
Document Number: E8-29207
Type: Proposed Rule
Date: 2008-12-30
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) is proposing to issue regulations to implement the Program Fraud Civil Remedies Act of 1986 (PFCRA). PFCRA authorizes certain Federal agencies, including NSF, to impose, through administrative adjudication, civil penalties and assessments against any person who makes, submits, or presents, or causes to be made, submitted, or presented, a false, fictitious, or fraudulent claim or written statement to the agency. The proposed regulations establish the procedures that NSF will follow in implementing PFCRA, and specify the hearing and appeal rights of persons subject to penalties and assessments under PFCRA.
Freedom of Information Act
Document Number: E8-28386
Type: Proposed Rule
Date: 2008-12-30
Agency: Postal Service, Agencies and Commissions
The Postal Service proposes to amend its regulations relating to records and information management. The proposed revisions contain, in part, new provisions to comply with Executive Order (EO) 13,392, entitled ``Improving Agency Disclosure of Information.''
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