Submission for OMB Review; Comment Request, 38905-38906 [06-6058]
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Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Notices
any intent with respect to agents of
LLCs because, when Congress enacted
Section 110(c), LLCs effectively did not
exist.
The courts have recognized that, over
time, conditions may come into
existence which Congress did not
contemplate when it enacted a statute,
but which implicate the concerns
Congress was addressing when it
enacted the statute. As the Supreme
Court stated in Browder v. United
States, 312 U.S. 335 (1941):
sroberts on PROD1PC70 with NOTICES
There is nothing in the legislative history
to indicate that Congress considered the
question of use by returning citizens. Old
crimes, however, may be committed under
new conditions. Old laws apply to changed
situations. The reach of the act is not
sustained or opposed by the fact that it is
sought to bring new situations under its
terms.
312 U.S. at 339 (footnotes omitted).
Accord Weems v. United States, 217
U.S. 349, 373 (1910) (‘‘Time works
changes, brings into existence new
conditions and purposes. Therefore a
principle, to be vital, must be capable of
wider application than the mischief
which gave it birth.’’). When confronted
with a question of statutory application
with respect to which Congress did not
express or could not have expressed an
intent when it enacted the statute,
courts have treated the question as one
the resolution of which was delegated to
the agency Congress authorized to
administer the statute. See NBD Bank,
N.A. v. Bennett, 67 F.3d 629, 632–33
(7th Cir. 1995); Zoelsch v. Arthur
Andersen & Co., 824 F.2d 27, 33 (D.C.
Cir. 1987). See also Kauthar SDN BHD
v. Sternberg, 149 F.3d 659, 663–67 (7th
Cir. 1998) (where resolution of the
question was not delegated to any
agency, the court itself filled the void
created by Congressional silence by
examining the underlying policy
concerns), cert. denied, 525 U.S. 1114
(1999); Robinson v. TI/US West
Communications Inc., 117 F.3d 900,
904–07 (5th Cir. 1997) (same).
Because Congress expressed no intent
with respect to agents of LLCs, the
question becomes whether an
interpretation that Section 110(c) is
applicable to agents of LLCs is
reasonable. See Chevron, 467 U.S. at
842–43; Excel Mining, 334 F.3d at 6.
The Secretary believes that it is. LLCs
generally create the same sort of shield
against personal liability which led
Congress to impose personal liability on
the directors, officers, and agents of
corporations. Indeed, LLCs fit within
the legal definition of a ‘‘corporation.’’
See Black’s Law Dictionary (7th ed.
1999) at 341 (a ‘‘corporation’’ is ‘‘[a]n
entity (usu. a business) having authority
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under law to act as a single person
distinct from the shareholders who own
it * * *; a group or succession of
persons established in accordance with
legal rules into a legal or juristic person
that has legal personality distinct from
the natural persons who make it up
[and] exists indefinitely apart from them
* * *’’). See also Webster’s Third New
International Dictionary (2002) at 510 (a
‘‘corporation’’ is ‘‘a group of persons
* * * treated by the law as an
individual or unity having rights and
liabilities distinct from those of the
persons * * * composing it * * *’’).
Significantly, a number of LLCs in the
mining industry are the sort of relatively
large and corporately structured entities
which Congress had in mind when it
enacted Section 110(c). The Secretary
believes that the underlying objective
Congress identified when it enacted the
Coal Act in 1969 and reiterated when it
enacted the Mine Act in 1977—to place
responsibility for compliance and
liability for violations ‘‘on those who
control or supervise the operation of
* * * mines as well as on those who
operate them’’—will best be advanced if
Section 110(c) is interpreted as being
applicable to agents of LLCs.
For all of the foregoing reasons, the
Secretary believes that the interpretation
set forth in this Interpretive Bulletin is
permissible under the Mine Act, and
that it will advance the Act’s objectives
in cases involving LLCs by imposing
legal liability on those individuals
within the LLC who actually make the
decisions with regard to safety and
health in the mine.3
Dated: June 30, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety
and Health.
[FR Doc. E6–10666 Filed 7–7–06; 8:45 am]
BILLING CODE 4510–43–P
3 The Secretary recognizes that Section 110(c) has
been held not to apply to agents of partnerships
because, by its terms, Section 110(c) applies only
to agents of corporations. Paul Shirel and Donald
Guess, employed by Pyro Mining Co., 15 FMSHRC
2440 (1993), aff’d, 52 F.3d 1123 (D.C. Cir. 1995)
(unpublished). That holding has no bearing in this
situation, however, because partnerships, unlike
LLCs, existed and were a well-known form of
business organization when Congress enacted the
Mine Act.
The Secretary does not address in this
Interpretive Bulletin whether Section 110(c) is
applicable to agents of non-traditional business
entities other than LLCs. The Secretary will address
the applicability of Section 110(c) to the agents of
such entities as the question arises.
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38905
NATIONAL FOUNDATION FOR THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
Submission for OMB Review;
Comment Request
July 3, 2006.
The National Endowment for the Arts
(NEA) 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 this ICR,
with applicable supporting
documentation, may be obtained by
calling the National Endoment for the
Arts’ Director for Guidelines & Panel
Operations, Jillian Miller, at 202/682–
5004. Individuals who use a
telecommunications device for the deaf
(TTY/TDD) may call 202/682–5496
between 10 a.m. and 4 p.m. Eastern
time, Monday through Friday.
Comments should be sent to the
Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the
National Endowment for the Arts, Office
of Management and Budget, Room
10235, Washington, DC 20503 202/395–
7316, within 30 days from the date of
this publication in the Federal Register.
The Office of Management and Budget
is particularly interested in comments
which:
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
Evaluate the accuracy of the agency’s
estimate of the burden of the proposed
collection of information including the
validity of the methodology and
assumptions used.
Enhance the quality, utility, and
clarity of the information to be
collected; and 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,
e.g., permitting electronic submissions
of responses.
SUPPLEMENTARY INFORMATION:
Agency: National Endowment for the
Arts.
Title: Panelist Profile Form.
Freguency: Every three years.
Affected Public: Individuals.
Estimated Number of Respondents:
250.
Total Burden Hours: 25.
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38906
Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Notices
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Total Annualized Capital/Start Up
Costs: 0.
Total Annual Costs (Operating/
Maintaining Systems or Purchasing
Services): 0.
The National Endowment for the Arts
enriches our nation and its diverse
cultural heritage by supporting works of
artistic excellence, advancing learning
in the arts, and strengthening the arts in
communities throughout the country.
With the advice of the National
Council on the Arts and advisory
panels, and Chairman establishes
eligibility requirements and criteria for
the review of applications for funding.
Section 959(c) of the Endowment’s
enabling legislation, as amended, directs
the Chairman to utilize advisory panels
to review applications and to make
recommendations to the National
Council on the Arts, which in turn
makes recommendations to the
Chairman.
The legislation requires the Chairman
‘‘(1) To ensure that all panels are
composed, to the extent practicable, of
individuals reflecting a wide
geographic, ethnic, and minority
representation as well as to (2) ensure
that all panels include representation of
lay individuals who are knowledgeable
about the arts * * *’’ In addition, the
membership of each panel must change
substantially from year to year and each
individual is ineligible to serve on a
panel for more than 3 consecutive years.
To assist with efforts to meet these
legislated mandates regarding
representation on advisory panel, the
endowment has established an
Automated Panel Bank System (APBS),
a computer database of names,
addresses, areas of expertise and other
basic information on individuals who
are qualified to serve as panelists for the
Arts Endowment.
The Panelist Profile Form, for which
clearance is requested, is used to gather
basic information from qualified
individuals recommended by the arts
community; arts organizations;
Members of Congress; the general
public; local, State, and regional arts
organizations; Endowment staff; and
others.
Murray Welsh,
Director, Administrative Services, National
Endowment for the Arts.
[FR Doc. 06–6058 Filed 7–7–06; 8:45 am]
BILLING CODE 7536–01–M
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Nuclear
Waste; Notice of Meeting
The Advisory Committee on Nuclear
Waste (ACNW) will hold its 172nd
meeting on July 17–20, 2006, Room T–
2B3, 11545 Rockville Pike, Rockville,
Maryland.
The schedule for this meeting is as
follows:
Monday, July 17, 2006
8:30 a.m.–8:35 a.m.: Opening Statement
(Open)—The ACNW Chairman will
make opening remarks regarding the
conduct of the meeting.
8:35 a.m.–9:30 a.m.: U.S. Department of
Energy (DOE) Briefing on Exploratory
Drilling of Aeromagnetic Anomalies
in the Yucca Mountain Region
(Open)—A DOE representative will
present an evaluation of the results of
this drilling which has been done in
support of the ongoing update of the
1996 expert elicitation on
Probabilistic Volcanic Hazard
Analysis.
9:45–11:45 a.m.: NRC Staff Review of
Revised International Commission on
Radiological Protection (ICRP)
Recommendations (Open)—Briefing
by and discussions with NRC staff
representatives regarding their review
of the June 5, 2006, ICRP report titled
‘‘Draft Recommendations of the
International Commission on
Radiological Protection.’’
2 p.m.–3 p.m.: Exchange of Information
between NMSS Management and
ACNW Members (Open)—NMSS
management will brief the Committee
about the upcoming office
reorganization. ACNW staff will brief
NMSS management about the revised
action plan and how it reflects recent
Staff Requirements Memoranda
(SRMs).
3 p.m.–5 p.m.: Discussion of Draft
ACNW Letter Reports (Open)—The
Committee will discuss proposed
ACNW letters.
Tuesday, July 18, 2006
ACNW Working Group Meeting
(WGM) on predicting the performance
of Cementitious Barriers for Near
Surface Disposal (Open).
8:30 a.m.–8:45 a.m.: Opening Remarks
and Introductions—The ACNW
Chairman, Dr. Michael Ryan will
make opening remarks regarding the
conduct of today’s sessions. ACNW
Vice Chairman Allen Croff will
provide an overview of the WGM,
including the meeting purpose and
scope, and introduce invited subject
matter experts.
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Session I: Where Are Cementitious
Materials Used and How Are They
Important to Performance Assessment?
8:45 a.m.–9:15 a.m.: Use of
Cementitious Materials to Dispose of
Wastes Determined to be Non-HLW
(Dr. Christine A. Langton Savannah
River National Lab, SRNL)—Dr.
Langton will discuss cementitious
waste forms and cement types and
environments.
9:15 a.m.–9:45 a.m.: What Functions do
Cementitious Materials Perform that
are Important to Assessing System
Performance (i.e., What do we Want
Grouts to do?) (Professor David
Kosson, Vanderbilt University)—
Professor Kosson will discuss the
functions of cementitious materials;
e.g., control water infiltration, control
Eh of infiltrating water, and prevent
subsidence.
9:45 a.m.–10:15 a.m.: Panel Discussion
(All)—Vice Chairman Croff will
moderate a panel discussion of
Session I topics by the Committee
members and invited subject matter
experts.
Session II: How Can Grouts Fail and
What Can Cause Grout Failure?
10:30 a.m.–11:15 a.m.: Failure Processes
and Mechanisms (Dr. Rachel Detwiler,
Braun Intertec Corporation)—Dr.
Detwiler will discuss failure processes
and mechanisms of cementitious
materials.
11:15 a.m.–12 p.m.: Causes of Failure of
Cementitious Materials (Professor
Barry Sheetz, Pennsylvania State
University)—Professor Sheetz will
discuss specific causes that are
important to failure of cementitious
materials.
12 p.m.–12:30 p.m.: Panel Discussion—
Vice Chairman Croff will moderate a
panel discussion of Session II topics
by the Committee members and
invited subject matter experts.
Session III: State-of-the-Art in LongTerm Prediction of Cementitious
Material Performance
1:15 p.m.–2:15 p.m.: Current Capability
to Predict the Conditions and
Processes Important to Cement
Failure (Professor Fred Glasser,
Aberdeen University, UK)—Professor
Glasser will discuss current capability
to predict the conditions and
processes important to cement failure,
and the affect of failures on cement
performance, based on modern
experience, experiment, and
observation.
2:15 p.m.–2:45 p.m.: Current Capability
to Predict the Conditions and
Processes Important to Cement
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]]>Agencies
[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Notices]
[Pages 38905-38906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6058]
=======================================================================
-----------------------------------------------------------------------
NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES
National Endowment for the Arts
Submission for OMB Review; Comment Request
July 3, 2006.
The National Endowment for the Arts (NEA) 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 this ICR, with applicable supporting documentation, may
be obtained by calling the National Endoment for the Arts' Director for
Guidelines & Panel Operations, Jillian Miller, at 202/682-5004.
Individuals who use a telecommunications device for the deaf (TTY/TDD)
may call 202/682-5496 between 10 a.m. and 4 p.m. Eastern time, Monday
through Friday.
Comments should be sent to the Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the National Endowment for the
Arts, Office of Management and Budget, Room 10235, Washington, DC 20503
202/395-7316, within 30 days from the date of this publication in the
Federal Register.
The Office of Management and Budget is particularly interested in
comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used.
Enhance the quality, utility, and clarity of the information to be
collected; and 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, e.g., permitting
electronic submissions of responses.
SUPPLEMENTARY INFORMATION:
Agency: National Endowment for the Arts.
Title: Panelist Profile Form.
Freguency: Every three years.
Affected Public: Individuals.
Estimated Number of Respondents: 250.
Total Burden Hours: 25.
[[Page 38906]]
Total Annualized Capital/Start Up Costs: 0.
Total Annual Costs (Operating/Maintaining Systems or Purchasing
Services): 0.
The National Endowment for the Arts enriches our nation and its
diverse cultural heritage by supporting works of artistic excellence,
advancing learning in the arts, and strengthening the arts in
communities throughout the country.
With the advice of the National Council on the Arts and advisory
panels, and Chairman establishes eligibility requirements and criteria
for the review of applications for funding. Section 959(c) of the
Endowment's enabling legislation, as amended, directs the Chairman to
utilize advisory panels to review applications and to make
recommendations to the National Council on the Arts, which in turn
makes recommendations to the Chairman.
The legislation requires the Chairman ``(1) To ensure that all
panels are composed, to the extent practicable, of individuals
reflecting a wide geographic, ethnic, and minority representation as
well as to (2) ensure that all panels include representation of lay
individuals who are knowledgeable about the arts * * *'' In addition,
the membership of each panel must change substantially from year to
year and each individual is ineligible to serve on a panel for more
than 3 consecutive years. To assist with efforts to meet these
legislated mandates regarding representation on advisory panel, the
endowment has established an Automated Panel Bank System (APBS), a
computer database of names, addresses, areas of expertise and other
basic information on individuals who are qualified to serve as
panelists for the Arts Endowment.
The Panelist Profile Form, for which clearance is requested, is
used to gather basic information from qualified individuals recommended
by the arts community; arts organizations; Members of Congress; the
general public; local, State, and regional arts organizations;
Endowment staff; and others.
Murray Welsh,
Director, Administrative Services, National Endowment for the Arts.
[FR Doc. 06-6058 Filed 7-7-06; 8:45 am]
BILLING CODE 7536-01-M
