Application of U.S. Helicopter Corporation for Certificate Authority, 61490-61491 [05-21200]

Download as PDF 61490 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices in which the copyrighted work is transferred through file sharing. The proposed amendment builds on the current definition of ‘‘uploading’’ to include making an infringing item available on the Internet by storing an infringing item in an openly shared file. The proposed amendment also clarifies that uploading does not include merely downloading or installing infringing items on a hard drive of the defendant’s computer unless the infringing item is in an openly shared file. By clarifying the definition of uploading in this manner, Application Note 3, which is a restatement of the uploading definition, is no longer necessary and the proposed amendment deletes the application note from the guideline. Indeterminate Number The proposed amendment addresses the final directive by amending Application Note 2, which sets forth the rules for determining the infringement amount. The proposed note provides that the court may make a reasonable estimate of the infringement amount using any relevant information including financial records in cases in which the court cannot determine the number of infringing items. New Offense Finally, the proposed amendment provides a reference in Appendix A (Statutory Index) for the new offense at 18 U.S.C. 2319B. This offense is proposed to be referenced to § 2B5.3. 2. Amendment: Section 2J1.2(b) is amended by striking subdivision (1) and inserting the following: ‘‘(1) (Apply the greater): (A) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to obstruct the administration of justice, increase by 8 levels. (B) If (i) defendant was convicted under 18 U.S.C. 1001 or 1505; and (ii) the statutory maximum term of imprisonment relating to international terrorism or domestic terrorism is applicable, increase by 12 levels.’’. The Commentary to § 2J1.2 captioned ‘‘Statutory Provisions’’ is amended by striking ‘‘18 U.S.C. 1503’’ and inserting the following: ‘‘18 U.S.C. 1001 when the statutory maximum term of imprisonment relating to international terrorism or domestic terrorism is applicable, 1503’’. The Commentary to § 2J1.2 captioned ‘‘Application Notes’’ is amended in Note 1 by inserting after ‘‘Definitions.—For purposes of this guideline:’’ the following: ‘‘ ‘Domestic terrorism’ has the meaning given that term in 18 U.S.C. 2331(5). ‘International terrorism’ has the meaning given that term in 18 U.S.C. 2331(1).’’. The Commentary to § 2J1.2 captioned ‘‘Application Notes’’ is amended by striking Note 2 and inserting the following: VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 ‘‘2. Chapter Three Adjustments.— (A) Inapplicability of Chapter Three, Part C.—For offenses covered under this section, Chapter Three, Part C (Obstruction) does not apply, unless the defendant obstructed the investigation, prosecution, or sentencing of the obstruction of justice count. (B) Interaction with Terrorism Adjustment.—If § 3A1.4 (Terrorism) applies, do not apply subsection (b)(1)(B).’’. Appendix A (Statutory Index) is amended in the line referenced to ‘‘18 U.S.C. 1001’’ by inserting ‘‘, 2J1.2 when the statutory maximum term of imprisonment relating to international terrorism or domestic terrorism is applicable’’ after 2B1.1’’. Reason for Amendment: This amendment implements section 6703 of the Intelligence Reform and Prevention Act of 2004 (the ‘‘Act’’), Pub. L. 108–458. Section 6703(a) provides an enhanced penalty of not more than 8 years of imprisonment for offenses under sections 1001(a) and 1505 of title 18, United States Code, ‘‘if the offense involves international or domestic terrorism (as defined in section 2331).’’ Section 6703(b) requires the Sentencing Commission to amend the sentencing guidelines to provide for ‘‘an increased offense level for an offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves international or domestic terrorism, as defined in section 2331 of such title.’’ The Commission is directed under section 3 of the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109–76, to promulgate this amendment as an emergency amendment. First, the amendment references convictions under 18 U.S.C. 1001 to 2J1.2 (Obstruction of Justice) ‘‘when the statutory maximum term of imprisonment relating to international or domestic terrorism is applicable.’’ It also adds a new specific offense characteristic at § 2J1.2(b)(1)(B) providing for a 12 level increase for a defendant convicted under 18 U.S.C. 1001 and 1505 ‘‘when the statutory maximum term of imprisonment relating to international or domestic terrorism is applicable.’’ This 12 level increase is applied in lieu of the current 8 level increase for injury or threats to persons or property. The increase of 12 levels is intended to provide parity with the treatment of federal crimes of terrorism within the limits of the 8 year statutory maximum penalty. It is also provided to ensure a 5 year sentence of imprisonment for offenses that involve international or domestic terrorism. Second, the amendment adds to Application Note 1 definitions for ‘‘domestic terrorism’’ and ‘‘international terrorism,’’ using the meanings given the terms at 18 U.S.C. 2331(5) and (1), respectively. Third, the amendment adds to Application Note 2 an instruction that if § 3A1.4 (Terrorism) applies, do not apply § 2J1.2(b)(1)(B). [FR Doc. 05–21211 Filed 10–21–05; 8:45 am] BILLING CODE 2210–40–P PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Office of the Secretary Applications of Platinum Airlines, Inc. for Certificate Authority Department of Transportation. Notice of Order to Show Cause (Order 2005–10–13); Dockets OST– 2005–21286 and OST–2005–21287. AGENCY: ACTION: SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue orders finding Platinum Airlines, Inc. fit, willing, and able, and awarding it certificates of public convenience and necessity to engage in interstate and foreign charter air transportation of persons, property and mail. DATES: Persons wishing to file objections should do so no later than October 31, 2005. ADDRESSES: Objections and answers to objections should be filed in Dockets OST–2005–21286 and OST–2005–21287 and addressed to U.S. Department of Transportation, Docket Operations, (M– 30, Room PL–401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Vanessa R. Balgobin, Air Carrier Fitness Division (X–56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366–9721. Dated: October 17, 2005. Susan McDermott, Deputy Assistant Secretary for Aviation and International Affairs. [FR Doc. 05–21199 Filed 10–21–05; 8:45 am] BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of U.S. Helicopter Corporation for Certificate Authority Department of Transportation. Notice of Order to Show Cause (Order 2005–10–12) Docket OST–2005– 20405. AGENCY: ACTION: SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding U.S. Helicopter Corporation fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail. E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices Persons wishing to file objections should do so no later than October 31, 2005. ADDRESSES: Objections and answers to objections should be filed in Docket OST–2005–20405 and addressed to U.S. Department of Transportation, Docket Operations, (M–30, Room PL–401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Vanessa R. Balgobin, Air Carrier Fitness Division (X–56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366–9721. DATES: Dated: October 17, 2005. Michael W. Reynolds, Deputy Assistant Secretary for Aviation and International Affairs. [FR Doc. 05–21200 Filed 10–21–05; 8:45 am] BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION • • Federal Aviation Administration Change Notice for RTCA Program Management Committee Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Program Management Committee meeting. AGENCY: SUMMARY: The FAA is issuing this notice to advise the public of a meeting of the RTCA Program Management Committee. DATES: The meeting will be held November 8, 2005 starting at 9 a.m. ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 850, Washington, DC 20036; telephone (202) 833–9339; fax (202) 833–9434; Web site https://www.rtca.org. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is hereby given for a Program Management Committee meeting. The revised agenda will include: • November 8: • Opening Session (Welcome and Introductory Remarks, Review/ Approve Summary of Previous Meeting) • Publication Consideration/Approval: • Final Draft, Revised DO–281, Minimum Operational Performance Standards for Aircraft VDL Mode 2 Physical, Link and Network Layer, VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 • • • • • PO 00000 RTCA Paper No. 198–05/PMC–413, prepared by SC–172. • Final Draft, Revised DO–271B, Minimum Operational Performance Standards for Aircraft VDL Mode 3 Transceiver Operating in the Frequency Range 117.975–137.000 MHz, RTCA Paper No. 159–05/ PMC–404, prepared by SC–172. • Final Draft, Revised DO–186A, Minimum Operational Performance Standards for Airborne Radio Communications Equipment, RTCA Paper No. 160–05/PMC–405, prepared by SC–172. • Final Draft, Integrated Modular Avionics (IMA) Development Guidance and Certification Considerations, RTCA Paper No. 131–05/PMC–402, prepared by SC– 200. • Final Draft, Safety Analysis of Proposed Change to TCAS RA Reversal Logic, RTCA Paper No. 199–05/PMC–414, prepared by SC– 147. Discussion: SC–147—Traffic Alert and Collision Avoidance System. • Discussion dependent on Agenda Item 3E results. • Review/Approve revised Terms of Reference for additional work to revise DO–185A, Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance System II (TCAS II) Airborne Equipment. SC–203—Unmanned Aircraft Systems. • Review Committee Status. • Review/Approve revised Terms of Reference. SC–206—Aeronautical Information Services (AIS) Data Link. • Review Committee Status. • Review/Approve revised Terms of Reference. Cabin Management Systems— Discussion Possible New Committee. • Review/Approve Terms of Reference/Leadership. • Special Committee chairman’s Reports. Action Item Review: SC–205—Software Considerations. • Review Committee Status. • Review/Approve revised Terms of Reference of additional work to modify RTCA DO–278—Guidelines for Communications, Navigation, Surveillance, and Air Traffic Management Systems Software Integrity Assurance. • Synthetic Vision Systems (SVS)— Discussion—Possible New Committee Request. Frm 00069 Fmt 4703 Sfmt 4703 61491 • Closing Session (Other Business, Document Production, Date and Place of Next Meeting, Adjourn). Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on October 13, 2005. Natalie Ogletree, FAA General Engineer, RTCA Advisory Committee. [FR Doc. 05–21145 Filed 10–21–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Record of Decision: Washington County, UT Federal Highway Administration (FHWA), DOT. AGENCY: Notice of Availability of the Record of Decision following a Final Environmental Impact Statement for transportation improvements in Washington County, Utah. ACTION: SUMMARY: The FHWA is issuing this notice to advise the public that a Record of Decision (ROD) has been made following a Final Environmental Impact Statement prepared for the Southern Corridor project within Washington County, Utah. The ROD approves a location proposed for transportation improvements for the Southern Corridor project Washington County, Utah. The Southern Corridor Study Area includes an area in southern Washington County south and southeast of Interstate 15 (I– 15) and State Route 9 (SR 9) including the cities of St. George, Washington, and Hurricane. The Selected Alternative (2800 West Alternative) includes a new interchange with I–15 at Reference Post 2 (Atkinville) and a new four-lane highway extending 26 miles to the intersection of 2800 West with SR 9. Selection of the Preferred Alternative was based on the best overall public interest to provide a safe and efficient transportation system and the social, economic, and environmental impacts. In addition, the project team considered public and resource agency input and city council recommendations or resolutions regarding the project. E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61490-61491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21200]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Application of U.S. Helicopter Corporation for Certificate 
Authority

AGENCY: Department of Transportation.

ACTION: Notice of Order to Show Cause (Order 2005-10-12) Docket OST-
2005-20405.

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SUMMARY: The Department of Transportation is directing all interested 
persons to show cause why it should not issue an order finding U.S. 
Helicopter Corporation fit, willing, and able, and awarding it a 
certificate of public convenience and necessity to engage in interstate 
scheduled air transportation of persons, property, and mail.

[[Page 61491]]


DATES: Persons wishing to file objections should do so no later than 
October 31, 2005.

ADDRESSES: Objections and answers to objections should be filed in 
Docket OST-2005-20405 and addressed to U.S. Department of 
Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh 
Street, SW., Washington, DC 20590, and should be served upon the 
parties listed in Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Vanessa R. Balgobin, Air Carrier 
Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 
400 Seventh Street, SW., Washington, DC 20590, (202) 366-9721.

    Dated: October 17, 2005.
Michael W. Reynolds,
Deputy Assistant Secretary for Aviation and International Affairs.
[FR Doc. 05-21200 Filed 10-21-05; 8:45 am]
BILLING CODE 4910-62-P
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