Agencies and Commissions January 27, 2009 – Federal Register Recent Federal Regulation Documents

The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of the collection of information (with modifications) under subparts A, B, and C of Part 4043 of its regulations on Reportable Events and Certain Other Notification Requirements (OMB control number 1212-0013; expires February 28, 2009). This notice informs the public of PBGC's request and solicits public comment on the collection of information.

This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of Ohio, dated 01/16/2009. Incident: Category One Hurricane Force Winds. Incident Period: 09/14/2008. Effective Date: 01/16/2009. EIDL Loan Application Deadline Date: 10/16/2009.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Vermont (FEMA 1816DR), dated 01/14/2009. Incident: Severe Winter Storm. Incident Period: 12/11/2008 through 12/18/2008.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 38) of the presiding administrative law judge (``ALJ'') in the above-captioned proceeding terminating the proceeding on the basis of a settlement agreement and cross-license agreement.

The Peace Corps has submitted to the Office of Management and Budget (OMB) for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995. The proposed collection will survey a sample of Returned Peace Corps Volunteers about their thoughts about their in-country experience, post-service transition, post-service education and career, and their third core goal activities of promoting a better understanding of other peoples on the part of Americans. The data collected will inform agency programming and help the Agency to assess, through updated and objective data, the extent of RPCVs' cross-cultural activities with their family, friends, and communities throughout the United States with whom RPCVs come in contact. The data will be used specifically by the Office of Domestic Programs to review the range and type of services and support available to RPCVs and by the Office of Strategic Information, Research, and Planning to support Agency level reporting. The initial Federal Register notice was published on December 2, 2008, Volume 73, No. 232, pgs. 73356-73357 for 60 days. Also available at GPO Access: https://wais.access.gpo.gov. No comments, inquiries or responses to the notice were received. A copy of the proposed information collections can be obtained from Susan Jenkins, Office of Strategic Information, Research and Planning, Peace Corps, 1111 20th Street, NW., Washington, DC 20526. Dr. Jenkins can be contacted by telephone at 202- 692-1241 or e-mail at SJenkin2@peacecorps.gov. E-mail comments must be made in text and not in attachments. Comments on the collections should be addressed to the attention of Dr. Jenkins and should be received on or before February 26, 2009.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding two (2) Information Collection Requests (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. 1. Title and purpose of information collection: Request to Non-Railroad Employer for Information About Annuitant's Work and Earnings; OMB 3220-0107. Under Section 2 of the Railroad Retirement Act (RRA), a railroad employee's retirement annuity or an annuity paid to the spouse of a railroad employee is subject to work deductions in the Tier II component of the annuity and any employee supplemental annuity for any month in which the annuitant works for a Last Pre-Retirement Non- Railroad Employer (LPE). LPE is defined as the last person, company, or institution, other than a railroad employer, that employed an employee or spouse annuitant. In addition, the employee, spouse or divorced spouse Tier I annuity benefit is subject to work deductions under Section 2(F)(1) of the RRA for earnings from any non-railroad employer that are over the annual exempt amount. The regulations pertaining to non-payment of annuities by reason of work are contained in 20 CFR 230.1 and 230.2. The RRB utilizes Form RL-231-F, Request to Non-Railroad Employer for Information About Annuitant's Work and Earnings, to obtain the information needed for determining if any work deductions should be applied because an annuitant worked in non-railroad employment after the annuity beginning date. One response is requested of each respondent. Completion is voluntary. Previous Requests for Comments: The RRB has already published the initial 60-day notice (73 FR 68462 and 68463 on November 18, 2008) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

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 sets forth a number of issues for comment, some of which are set forth together with the proposed amendments; some of which are set forth independent of any proposed amendment; and one of which (regarding retroactive application of proposed amendments) is set forth in the SUPPLEMENTARY INFORMATION portion of this notice. The proposed amendments and issues for comment in this notice are as follows: (1) A proposed amendment in response to the Identity Theft Restitution and Enforcement Act of 2008, title II of Public Law 110- 326, including proposed changes to Sec. 2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States), Sec. 2H3.1 (Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information), and Sec. 3B1.3 (Abuse of Position of Trust or Use of Special Skill), and issues for comment regarding the guidelines' treatment of offenses involving fraud, identity theft, computers, and communications; (2) a proposed amendment in response to the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, Public Law 110-465, including proposed changes to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and Sec. 2D3.1 (Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Schedule I Substances; Attempt or Conspiracy), and issues for comment regarding the guidelines' treatment of Schedule III, IV, and V controlled substance offenses; (3) a proposed amendment in response to the Drug Trafficking Vessel Interdiction Act of 2008, Public Law 110-407, including a proposed change to Sec. 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) and a proposed new guideline for offenses involving operating a submersible vessel or semi-submersible vessel without nationality, and issues for comment regarding the guidelines' treatment of such offenses; (4) an issue for comment in response to the Court Security Improvement Act of 2007, Public Law 110-177, regarding the guidelines' treatment of homicide, assault, and threat offenses; (5) an issue for comment in response to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, regarding the guidelines' treatment of alien harboring and human trafficking offenses; (6) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted and other miscellaneous guideline application issues, including proposed changes to the guidelines' treatment of offenses involving contempt, consumer product safety, interest rate limitations, domestic violence, child soldiers, veterans' grave markers, child pornography, firearms, threats, and copyright infringement and the guidelines' treatment of probation and supervised release, and related issues for comment; (7) a proposed amendment to Sec. 2A3.2 (Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts) and Sec. 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor) in response to a circuit conflict regarding application of the undue influence enhancement in those guidelines, and a related issue for comment; (8) a proposed amendment to Sec. 3C1.3 (Commission of Offense While on Release) in response to an application issue regarding that guideline; (9) a proposed amendment in response to a circuit conflict regarding the guidelines' treatment of counterfeiting offenses involving ``bleached notes'', including a proposed change to Sec. 2B5.1 (Offenses Involving Counterfeit Bearer Obligations of the United States); and (10) a proposed amendment in response to certain technical issues that have arisen in the guidelines.

The Practitioners Advisory Group of the United States Sentencing Commission is a standing advisory group of the United States Sentencing Commission pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission's Rules of Practice and Procedure. Having decided to adopt a formal charter for the Practitioners Advisory Group, the United States Sentencing Commission is reconstituting the voting membership of the advisory group under that charter. The purpose of the advisory group is (1) To assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on the Commission's activities and work, including proposed priorities and amendments; (3) to disseminate to defense attorneys, and to other professionals in the defense community, information regarding federal sentencing issues; and (4) to perform other related functions as the Commission requests. Under the charter, the advisory group will consist of not more than 17 voting members, each of whom may serve not more than two consecutive three-year terms. Of those 17 voting members, one shall be Chair, one shall be Vice Chair, 12 shall be circuit members (one for each federal judicial circuit other than the Federal Circuit), and three shall be at-large members. To be eligible to serve as a voting member, an individual must be an attorney who (1) Devotes a substantial portion of his or her professional work to advocating the interests of privately represented individuals, or of individuals represented by private practitioners through appointment under the Criminal Justice Act of 1964, within the federal criminal justice system; (2) has significant experience with federal sentencing or post-conviction issues related to criminal sentences; and (3) is in good standing of the highest court of the jurisdiction or jurisdictions in which he or she is admitted to practice. Additionally, to be eligible to serve as a circuit member, the individual's primary place of business or a substantial portion of his or her practice must be in the circuit concerned. Each voting member is appointed by the Commission. The Commission hereby invites any individual who is eligible to be appointed to the initial voting membership of the Practitioners Advisory Group to apply. Applications should be received by the Commission not later than March 30, 2009. Applications may be sent to Michael Courlander at the address listed below.