May 2005 – Federal Register Recent Federal Regulation Documents

The Federal Communications Commissions (FCC) has received Office of Management and Budget (OMB) approval for the following public information collection pursuant to the Paperwork Reduction Act of 1995, Pub. L. 96-511. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Notwithstanding any other provisions of law, 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.

In response to a Notice of Proposed Rule Making, 70 FR 775 (January 5, 2005) this Report and Order reallots Channel 275C3, Station WLME(FM) (``WLME''), Cannelton, Indiana, to Tell City, Indiana, and modifies Station WLME's license accordingly. In addition, this Report and Order reallots Channel 289A from Tell City to Cannelton, Indiana, and modifies Station WTCJ-FM's license accordingly. The coordinates for Channel 275C3 at Tell City, Indiana, are 37-50-52 NL and 86-36-18 WL, with a site restriction of 18.4 kilometers (11.4 miles) southeast of Tell City. The coordinates for Channel 289A at Cannelton are 37-48-13 NL and 86-48-57 WL, with a site restriction of 13.5 kilometers (8.4 miles) southwest of Cannelton.

The Audio Division, at the request of Portmeirion Partners allots Channel 225C3 at Clatskanie, Oregon, as the community's first local service. See 69 FR 75016, published December 15, 2004. Channel 225C3 can be allotted to Clatskanie, consistent with the minimum distance separation requirements of the Commission's rules at a restricted site located 21.5 kilometers (13.3 miles) north of the community. The reference coordinates for Channel 225C3 at Clatskanie are 46-17-44 North Latitude and 123-14-13 West Longitude. A filing window for Channel 225C3 at Clatskanie, Oregon will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. To accommodate the Clatskanie allotment, the Audio Division orders the substitution of Channel 259A for Channel 224A at Long Beach, California, and modification of the license for Station KAQX(FM) to reflect the channel change. Additionally, the Audio Division orders the substitution of Channel 253A for Channel 259A at Ilwaco, Washington to facilitate the Long Beach channel substitution.

In this document, the Commission addresses the minimum requirements for a telecommunications carrier to be designated as an ``eligible telecommunications carrier'' or ``ETC,'' and thus eligible to receive federal universal service support. Specifically, consistent with the recommendations of the Federal-State Joint Board on Universal Service (Joint Board), we adopt additional mandatory requirements for ETC designation proceedings.

In this document, the Commission concludes that Commercial Mobile Radio Service (CMRS) carriers should no longer be exempt from the Commission's rule requiring that billing descriptions be brief, clear, non-misleading and in plain language. In addition, the Commission puts CMRS carriers on notice that it intends to review complaints regarding unclear or misleading billing descriptions, and may take enforcement action under this rule, as appropriate, based on such complaints or other evidence of non-compliance.

In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the sixth meeting of the WRC-07 Advisory Committee will be held on June 22, 2005, at the Federal Communications Commission. The purpose of the meeting is to continue preparations for the 2007 World Radiocommunication Conference. The Advisory Committee will consider any preliminary views and draft proposals introduced by the Advisory Committee's Informal Working Groups.

This document requests comments on the removal of two mutually exclusive vacant allotments, Channel 228A at Aspen, Colorado and Channel 228A at Leadville, Colorado. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. These vacant allotments are short- spaced by 45.3 kilometers, whereas the minimum distance spacing requirement for these allotments is 115 kilometers. Channel 228A at Aspen, Colorado was allotted in 2001, as the community's third local FM commercial service without a site restriction at coordinates 39-11-24 NL and 106-49-06 WL. Channel 228A at Leadville, Colorado is a vacant allotment resulting from the cancellation of the Station KRMH-FM license in 1997. See BLH-19860207KD. The reference coordinates for vacant Channel 228A at Leadville are 39-14-51 NL and 106-17-57 WL. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal.

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.

The Audio Division, at the request of Northern Paul Bunyan Radio Company, allots Channel 226A at Ferrysburg, Michigan, as the community's first local FM service. Channel 226A can be allotted to Ferrysburg, Michigan, in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.7 km (1.7 miles) northeast of Ferrysburg. The coordinates for Channel 226A at Ferrysburg, Michigan, are 43-06-04 North Latitude and 86-11-29 West Longitude.

The Advisory Committee on Tax Exempt and Government Entities (ACT) will hold a public meeting on Wednesday, June 8, 2005.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-54-94 (TD 8668), Environmental Settlement FundsClassification (Section 301.7701-4).

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 35013521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) proposes to recommend that an EFP be issued in response to an application submitted by the Cornell Cooperative Extension of Suffolk County (Cornell). The EFP would allow one commercial fishing vessel to conduct a study examining vent sizes in black sea bass pots from approximately June 1, 2005, through May 31, 2006. The Assistant Regional Administrator has made a preliminary determination that the application contains all of the required information and warrants further consideration and that the activities to be authorized under the EFP would be consistent with the goals and objectives of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. However, further review and consultation may be necessary before a final determination is made to issue an EFP.

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: NRC Form 64, ``Travel Voucher'' (Part 1); NRC Form 64A, ``Travel Voucher'' (Part 2); and NRC Form 64B, ``Optional Travel Voucher'' (Part 2). 3. The form number if applicable: NRC Form 64; NRC Form 64A and NRC Form 64B. 4. How often the collection is required: On occasion. 5. Who will be required or asked to report: Contractors, consultants and invited NRC travelers who travel in the course of conducting business for the NRC. 6. An estimate of the number of responses: 100. 7. The estimated number of annual respondents: 100. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 100 hours (1 hour for each form). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: As a part of completing the travel process, the traveler must file travel reimbursement vouchers and trip reports. The respondent universe for the above forms include consultants and contractors and those who are invited by the NRC to travel, e.g., prospective employees. Travel expenses that are reimbursed are confined to those expenses essential to the transaction of official business for an approved trip. 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 F23, 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 June 23, 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 (3150-0192), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments may also be emailed 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.

This notice announces the establishment of the Medicaid Commission and discusses the group's purpose and charter. It also solicits nominations for members.

The Coast Guard and the Maritime Administration (MARAD) announce that they have received an application for the licensing of a natural gas deepwater port, and that the application appears to contain the required information. This notice summarizes the applicant's plans and the procedures that will be followed in considering the application.

The FTA, in cooperation with the Metropolitan Transportation Authority (MTA) Metro-North Railroad (Metro-North) and the Westchester County Department of Transportation (WCDOT), intend to prepare an Environmental Impact Statement (EIS) on a proposal to improve station access and provide additional parking at the Metro-North North White Plains Station, Westchester County, New York (Proposed Action). The FTA is the lead Federal agency under the National Environmental Policy Act of 1969 (NEPA). The Proposed Action is being developed by Metro-North and WCDOT, the co-sponsors of the Proposed Action. The EIS will be prepared in accordance with NEPA and the applicable regulations for implementing NEPA, as set forth in 23 CFR part 771 and 40 CFR parts 1500-1508. The EIS is being prepared to satisfy the requirements of the New York State Environmental Quality Review Act (SEQRA). Items that will be considered in the Proposed Action are: Expansion of parking capacity through the construction of a multi-level parking structure at Metro-North's North White Plains Station; Improved access to/from the proposed expanded parking facilities from the east side of the railroad tracks; Enhanced customer service facilities for intermodal connections and parking demand management strategies such as: Jitney services, feeder buses supported by park-and-ride lots, carpool and vanpool arrangements, bicycling and walking; Restoration of a portion of the Bronx River Parkway Reservation which is currently used for customer parking back to parkland; and Rerouting a portion of the Bronx River Parkway Reservation bike pathway in the study area. The EIS will evaluate a build alternative, comprising a multi-level parking structure and four possible access alternatives, a No Action Alternative and any additional reasonable alternatives generated by the scoping process. Scoping will be accomplished through meetings and correspondence with interested persons, organizations, and Federal, State, regional, and local agencies.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), (44 U.S.C. chapter 35). Copies of the ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Dave Bellama, 202-606-5000 ext. 483. 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. Comments should be sent to the Office of Information and Regulatory Affairs, Attn: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service, Office of Management and Budget, Room 10235, Washington, DC 20503, (202) 395-4718, within 30 days from the date of this publication in the Federal Register.

The Assistant Deputy Secretary for Innovation and Improvement announces that, pursuant to legislation passed by Congress, educational institutions receiving Federal funding are required to hold an educational program pertaining to the United States Constitution on September 17 of each year. This notice implements this provision as it applies to educational institutions receiving Federal funding from the Department.

The Pacific Fishery Management Council (Pacific Council) is considering implementing management measures for the spiny dogfish (Squalus acanthias) fishery off Washington, Oregon and California. This document announces a control date of April 8, 2005, for the spiny dogfish fishery. The control date for the spiny dogfish fishery is intended to discourage increased fishing effort in the limited entry and open access groundfish fisheries targeting spiny dogfish based on economic speculation while the Pacific Council develops and considers management measures for the spiny dogfish fishery. In addition, this document provides supplemental information on a control date for a limited entry groundfish trawl individual quota (IQ) program announced in the Federal Register on January 9, 2004, by clarifying that the control date does not preclude processors from being eligible to own quota as part of the trawl IQ program.