Agencies and Commissions January 2005 – Federal Register Recent Federal Regulation Documents

This document seeks comment on a petition for rulemaking filed by Manning Broadcasting, Inc., licensee of Station WARX (FM), Hagerstown, Maryland, proposing the reallotment of Channel 295B from Hagerstown to Myersville, Maryland, as the community's first local transmission service, and the modification of the license for Station WARX (FM) to reflect the new community. Channel 295B has been proposed to be reallotted at Myersville at a site 3.9 kilometers (2.4 miles) west of the community at coordinates 39-29-57 NL and 77-36-42 WL.

The Audio Division, at the request of Optima Communications, Inc., substitutes Channel 288C2 for Channel 288C3 at Security, Colorado and modifies Station KSKX(FM)'s license accordingly. To accommodate the upgrade, we also substitute Channel 291C3 for vacant Channel 288C3 at Genoa, Colorado. See 69 FR 60605, published October 12, 2004. Channel 288C2 can be allotted to Security in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 16.12 kilometers (10 miles) southwest of the community at coordinates 38-37-30 North Latitude and 104-49-00 West Longitude. Channel 291C3 can be allotted to Genoa with a site restriction of 18.4 kilometers (11.4 miles) east of the community at coordinates 39-15-35 North Latitude and 103-17-15 West Longitude.

This document requests comments on a petition for rule making filed by Champlain Communications Corp. (``Petitioner''), licensee of Station WLFE-FM, Channel 272A, St. Albans, Vermont. Petitioner requests that the Commission upgrade Channel 272A to Channel 272C3 and reallot Channel 272C3 from St. Albans to Grand Isle, Vermont, thus providing Grand Isle with its first local aural transmission service. To accommodate the foregoing changes, FM Station WRGR, Channel 272A, Tupper Lake, New York, has agreed to substitute Channel 271C3 for Channel 272A and move its transmitter to a new site. The coordinates for proposed Channel 272C3 at Grand Isle, Vermont, are 44-44-07 NL and 73-30-57 WL with a site restriction of 17.4 kilometers (10.8 miles) west of Grand Isle. The coordinates for proposed Channel 271C3 at Tupper Lake are 44-07-21 NL and 74-31-52 WL, with a site restriction of 12.6 kilometers (7.8 miles) southwest of Tupper Lake.

On January 14, 2005 the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Outlast Technology, Inc. of Boulder, CO and Bernette Textile Co, LLC of New York, NY, alleging that certain colored open end spun yarns ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of Outlast licensed phase change acrylic staple fibers produced under license from Outlast, for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner. It requests that such apparel made from such yarn be eligible for preferential treatment under the CBTPA. This is a refiling of a previous petition regarding the subject yarn. CITA hereby solicits public comments on this request, in particular with regard to whether such yarn can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by February 9, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution Avenue, N.W. Washington, D.C. 20230.

Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of the Humanities Panel will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget a request for clearance of these information collections: Questionnaire for Non-Sensitive Positions, Standard Form 85 (SF 85); Questionnaire for Public Trust Positions, Standard Form 85P (SF 85P); Supplemental Questionnaire for Selected Positions, Standard Form 85P-S (SF 85P-S); Questionnaire for National Security Positions, Standard Form 86 (SF 86); Continuation Sheet for Questionnaires SF 86, 85P, and 85, Standard Form 86A (SF 86A); Certification Statement for SF 86, Standard Form SF 86C (SF 86C); and Parallel, electronic versions of the SF 85, SF 85P, and SF 86, including accompanying releases, housed in a system named e-QIP (Electronic Questionnaires for Investigations Processing) These information collections are completed by applicants for, or incumbents of, Government positions, or positions for the Government under contract, or by military personnel. The collections are used as the basis of information for background investigations to establish that such persons are suitable for: Employment or retention in employment; Employment or retention as contractor; or eligible for: A public trust position; or Employment or retention as a Federal employee, Federal contractor or military personnel in a sensitive or national security position requiring access to classified national security information or special nuclear information or material. When use is necessary, the SF 86A is used in lieu of blank paper as a continuation of the form with which its use is associated and not for any unique purpose exclusive from the associated form. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management and its Center for Federal Investigative Services, which administers background investigations; Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; and Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology. Ways in which we can enhance the quality, utility, and clarity of the information to be collected. The SF 85, SF 85P, SF 85P-S, SF 86, SF 86A, and SF 86C are completed by both employees of the Federal Government and individuals not employed with the Federal Government, including Federal contractors, and military personnel. Federal employees are defined as those individuals who are employed as civilian or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. It is estimated that 17,000 non-Federal individuals will complete the SF 85 annually. Each form takes approximately 30 minutes to complete. The estimated annual public burden is 8,500 hours. It is estimated that 49,000 non-Federal individuals will complete the SF 85P annually. Each form takes approximately 60 minutes to complete. The estimated annual burden is 49,000 hours. It is estimated that 3,600 non-Federal individuals will complete the SF 85P-S annually. Each form takes approximately 10 minutes to complete. The estimated annual burden is 600 hours. It is estimated that 56,000 non-Federal individuals will complete the SF 86 annually. Each form takes approximately 90 minutes to complete. The estimated annual burden is 84,000 hours. It is estimated that 16,000 non-Federal individuals will complete the SF 86A annually. When this continuation form is used, however, no public burden estimate is provided as it is included with the time computed with the associated security questionnaire. It is estimated that 1,200 non-Federal individuals will complete the SF 86C annually. Each form takes approximately 15 minutes to complete. The estimated annual burden is 300 hours. e-QIP (Electronic Questionnaires for Investigations Processing) is a Web-based system application that houses or will house electronic versions or the SF 86, SF 85P, SF 85P-S, and SF 85. The SF 86 is in full production and the SF 85P, SF 85P-S and SF 85 will be available for full production by early 2005. This Internet data collection tool is used in place ofnot in addition tothe paper versions of these forms. Individuals using the e-QIP versions will enjoy more convenience, faster processing time, and immediate data validation to ensure accuracy of their personal history information. The data requested on these forms is consistent with that requested on their paper counterparts. e-QIP is a newly implemented system, which accounts for approximately 5% of all security forms submitted at this time. As implementation among Federal agencies expands, it is anticipated that the percentage of all security forms processed through e-QIP will exceed 50% by 2006. While e-QIP will significantly enhance the processing of security questionnaires for processing of background investigations, we do not expect an immediate discernable change to the public burden hours from those cited above for identical paper versions of the forms. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, Fax (202) 418-3251, or e-mail at mbtoomey@opm.gov. Please be sure to include a mailing address with your request.

In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to establish a new system of records entitled Electronic Freedom of Information Act (eFOIA) System, 60-0340, and routine uses applicable to this system of records. The proposed system of records will consist of Freedom of Information Act (FOIA) initial requests from individuals and groups of individuals and replies from SSA's Freedom of Information Officer; FOIA appeals and replies to those appeals; and information associated with FOIA initial and appeal requests (e.g., copies of records disclosed or withheld). We invite public comments on this proposal.

Following the mandate set out in the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (16 U.S.C. 839 et seq.) (the Act), in November 1982 the Council adopted a regional program, the Columbia River Basin Fish and Wildlife Program. The Act requires the program be designed to protect, mitigate and enhance fish and wildlife of the Columbia River Basin affected by hydropower dams, while also assuring the region of an adequate, efficient, economical and reliable power supply.

Notice is hereby given that the U.S. International Trade Commission (the Commission) has determined to levy civil penalties against respondents Jazz Photo Corp. (Jazz), Jack Benun, and Anthony Cossentino, for the violation of the Commission cease and desist order issued to Jazz in the original investigation. The Commission has further determined not to issue a new cease and desist order as requested by complainant Fuji Photo Film Co., Ltd., or to modify the existing cease and desist order or exclusion order. Finally, the Commission has deemed respondents' request for a stay moot in view of its decision to defer enforcement efforts until appeals of its civil penalty determinations are exhausted.

Section 4314(c)(4) of Title 5, U.S.C.; requires each agency to publish notification of the appointment of individuals who may serve as members of that Agency's Performance Review Board (PRB). The following individuals have been designated to serve on the FY 04 Performance Review Board for the U.S. Small Business Administration: 1. Lewis D. Andrews, Jr., Associate Deputy Administrator for Management and Administration; 2. Anthony Bedell, Associate Administrator for Congressional and Legislative Affairs; 3. Delorice Ford, Assistant Administrator for the Office of Hearings and Appeals; 4. Janet Tasker, Associate Administrator for the Office of Lender Oversight; 5. Jose Sifontes, Office of the District DirectorNew York District Office; 6. Jerry E. Williams, Deputy Chief Information Officer; and, 7. Herbert Mitchell, Associate Administrator for the Office of Disaster Assistance.

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a forthcoming meeting of the NASA Advisory Council (NAC), Planetary Protection Advisory Committee (PPAC).

The National Credit Union Administration (NCUA) is issuing final revisions to its rule on credit union mergers, federal share insurance terminations, and conversions from federal share insurance to nonfederal insurance. The final rule establishes disclosure requirements to ensure that members have the opportunity to be fully and properly informed before they vote on whether to convert from federal insurance to nonfederal insurance. The rule provides protections to members who may lose federal insurance because they have large insured accounts at two federally-insured credit unions that are merging or they have term accounts at a federally-insured credit union that is converting to nonfederal insurance. The rule also requires merging credit unions to analyze the premerger requirements imposed on credit unions by the Hart-Scott-Rodino Act and provides other miscellaneous updates to the existing rule governing credit union mergers, terminations, and conversions of share insurance.