Agencies and Commissions February 2, 2005 – Federal Register Recent Federal Regulation Documents
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Meeting of the National Museum and Library Services Board; Sunshine Act
This notice sets for the agenda of a forthcoming meeting of the National Museum and Library Services Board. This notice also describes the function of the Board. Notice of this meeting is required under the Sunshine in Government Act.
Sugar From the European Union; Sugar From Belgium, France and Germany
The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty order on sugar from the European Union and the antidumping duty orders on sugar from Belgium, France, and Germany would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Agency Information Collection Activities; Proposed Collection; Comment Request
The proposed information collection is a 3-year extension, pursuant to the Paperwork Reduction Act of 1995 (Pub.L. 104-13), of the current ``generic clearance'' (approved by the Office of Management and Budget under control No. 3117-0016) under which the Commission can issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for a series of import injury investigations that are required by the Tariff Act of 1930 and the Trade Act of 1974, normally in response to petitions from domestic firms. Comments concerning the proposed information collections are requested in accordance with 5 CFR 1320.8(d); such comments are described in greater detail in the section of this notice entitled supplementary information.
Stainless Steel Butt-Weld Pipe Fittings From Japan, Korea, and Taiwan
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Japan, Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is March 23, 2005. Comments on the adequacy of responses may be filed with the Commission by April 18, 2005. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Polyethylene Terephthalate (PET) Film From Korea
The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on PET film from Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is March 23, 2005. Comments on the adequacy of responses may be filed with the Commission by April 18, 2005. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Sodium Thiosulfate from China, Germany, and the United Kingdom
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on sodium thiosulfate from China, Germany, and the United Kingdom would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission;\1\ to be assured of consideration, the deadline for responses is March 23, 2005. Comments on the adequacy of responses may be filed with the Commission by April 18, 2005. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Fresh and Chilled Atlantic Salmon From Norway
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty and antidumping duty orders on fresh and chilled Atlantic salmon from Norway would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is March 23, 2005. Comments on the adequacy of responses may be filed with the Commission by April 18, 2005. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission
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 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 (PRA) 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.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested
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. Dates: Written Paperwork Reduction Act (PRA) comments should be submitted on or before April 4, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. Addresses: Direct all Paperwork Reduction Act (PRA) comments to Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to Judith- B.Herman@fcc.gov. For Further Information Contact: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at Judith-B.Herman@fcc.gov. Supplementary Information: OMB Control No.: 3060-1061. Title: Earth Station on Board Vessels (ESV). Form No.: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit. Number of Respondents: 15. Estimated Time Per Response: 2 hours (average). Frequency of Response: On occasion reporting requirement and recordkeeping requirement. Total Annual Burden: 113 hours. Total Annual Cost: $15,000. Privacy Act Impact Assessment: N/A. Needs and Uses: The Federal Communications Commission (``Commission'') is revising OMB Control No. 3060-1061 to reflect the decisions of the Report and Order (R&O) titled, ``In the Matter of Procedures to Govern the Use of Satellite Earth Stations on Board Vessels (ESV) in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands,'' IB Docket No. 02-10, FCC 04-286. The Commission adopted the R&O on December 15, 2004 and released it on January 6, 2005. This rulemaking established licensing and service rules for ESVs operating in the 5925-6425 MHz/3700-4200 MHz Bands (C- band) and 14.0-14.5 GHz/11.7-12.2 GHz Bands (Ku-band). The R&O includes the following new Paperwork Reduction Act (PRA) reporting requirements: (1) C-Band and Ku-Band operators (``ESV operators'') must collect and maintain vessel tracking data to assist the Commission and affected operators in identifying and resolving sources of interference; (2) as a condition of licensing, applicants proposing ESV operations in the 14.0-14.05 GHz band and planning to travel within 100km of these sites, must coordinate through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC) and, if necessary, the appropriate government agency to resolve any potential concerns; and (3) ESV operators must have a contact that is available in the United States 24 hours a day, 7 days a week, to respond to Fixed Satellite (FS) operators' requests. The name, telephone number, and other pertinent information of the contact will be posted on the Commission's Web site, https://www.fcc.gov. The Commission established licensing and service rules to govern ESV operations and to prevent interference to other satellite operators within the Ku-bands and C-bands. ESV operators must submit applications (FCC Form 312) and exhibits (Schedule B) to the Commission to demonstrate that they comply with the Commission's legal and/or engineering rules. Additionally, the Commission requires a myriad of technical information such as frequency of operation, maximum transmit power, antenna diameter, antenna height above sea level and velocity of the vessel to evaluate potential interference to fixed satellites from ESVs. The purposes of this information collection are as follows: (1) Establish licensing and service rules for ESVs in the Ku-band and C- band; (2) prevent harmful interference to Fixed Services (FS), Fixed Satellite Service (FSS) and other satellite services and (3) further the Commission's goals to manage spectrum efficiently and (4) advance the provision of broadband telecommunications services that will benefit U.S. citizens on passenger, government (military and civilian), cargo and large recreational vessels. Without such information, the Commission would not be able to take the necessary measures to prevent harmful interference to satellite services from ESVs. Finally, the Commission would not be able to advance its goals of managing spectrum efficiently and promoting broadband technologies to benefit American consumers throughout the United States and abroad.
Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval
The Federal Communications Commissions, 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, as required by the Paperwork Reduction Act 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 (PRA) 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. Dates: Written comments should be submitted on or before March 4, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. Addresses: Direct all comments to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to Cathy.Williams@fcc.gov or Kristy L. LaLonde, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, (202) 395-3087 or via the Internet at KristyL.LaLonde@omb.eop.gov. For Further Information Contact: For additional information or copy of the information collection(s) contact Cathy Williams at (202) 418- 2918 or via the Internet at Cathy.Williams@fcc.gov. Supplementary Information: OMB Control Number: 3060-0287. Title: Section 78.69, Station Records. Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit entities. Number of Respondents: 1,400. Estimated Time Per Response: 0.5 hours per week (26 hours per year). Frequency of Response: Recordkeeping requirement. Total Annual Burden: 36,400 hours. Total Annual Cost: None. Privacy Impact Assessment: No impact(s). Needs and Uses: 47 CFR Section 78.69 requires that licensees of Cable Television Relay Stations maintain various records, including but not limited to records pertaining to transmissions, unscheduled interruptions to transmissions, maintenance, observations, inspections and repairs. All stations are required to keep station records in an orderly and legible manner by the person or persons competent to do so. Section 78.69 requires that no station record or portion of the record can be erased, obliterated, or willfully destroyed within the period of retention required. Station records are required to be maintained for a period of not less than two years. The records kept pursuant to Section 78.69 provide for a history of station operations and are reviewed by Commission staff during field investigations to ensure that proper operation of the stations is being conducted.
Digital Television Broadcast Service; Thief River Falls, MN
The Commission, at the request of Red River Broadcast Company, LLC, substitutes DTV channel 32 for DTV channel 57. See 65 FR 54832, September 11, 2000. DTV channel 32 can be allotted to Thief River Falls, Minnesota, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates 48-01-19 N. and 96-22-12 W. with a power of 1000, HAAT of 183 meters and with a DTV service population of 142 thousand. Since the community Thief River Falls is located within 400 kilometers of the U.S.-Canadian border, concurrence from the Canadian government was obtained for this allotment. With this action, this proceeding is terminated.
Digital Television Broadcast Service; Appleton, WI
The Commission, at the request of Ace TV, Inc., substitutes DTV channel 27c for DTV channel 59 at Appleton. See 69 FR 30855, June 1, 2004. DTV channel 27c can be allotted to Appleton, Wisconsin, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates 44-21-30 N. and 87-58-48 W. with a power of 50, HAAT of 336 meters and with a DTV service population of 835 thousand. Since the community Appleton is located within 400 kilometers of the U.S.-Canadian border, concurrence from the Canadian government was obtained for this allotment. With this action, this proceeding is terminated.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority
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 No. 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. Dates: Written Paperwork Reduction Act (PRA) comments should be submitted on or before April 4, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. Addresses: Direct all Paperwork Reduction Act (PRA) comments to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to Cathy.Williams@fcc.gov. For Further Information Contact: For additional information or copies of the information collection(s), contact Cathy Williams at (202) 418-2918 or via the Internet at Cathy.Williams@fcc.gov. Supplementary Information: OMB Control Number: 3060-0841. Title: Public NoticeAdditional Processing Guidelines for DTV (Nonchecklist applications). Form Number: FCC Forms 301 and 340. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit entities; Not-for-profit institutions. Number of Respondents: 300. Estimated Time per Response: 3 hours. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Total Annual Burden: 900 hours. Total Annual Cost: $1,080,000. Privacy Impact Assessment: No impact(s). Needs and Uses:The Commission released a Public Notice on August 10, 1998, that explained how ``nonchecklist'' applications (i.e., applications that do not conform to certain criteria to enable ``fast- track processing'') would be processed for Digital Television (DTV) station construction permits. This public notice explained what should be included in engineering showings and other types of application exhibits and cover letters. This public notice for ``nonchecklist'' applications should help to resolve processing uncertainties, enable the preparation of complete and quality applications, and hasten the authorization of DTV service. TheFCC staff will use this data to ensure that interference to other DTV and NTSC (analog TV) stations is minimized.
Proposed Information Collection; Comment Request
The Corporation for National and Community Service (hereinafter the ``Corporation''), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. sec. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed renewal of its Learn and Serve America (hereinafter ``LSA'') Grant Applications. These applications are used by current and prospective grantees to apply for funds to support K-12 School-Based Formula, Competitive and Indian Tribe and Territory Set-aside programs; Community-Based programs; and Higher Education programs. Completion of the grant application is required to be considered for or obtain grant funding support from LSA. Copies of the information collection requests can be obtained by contacting the office listed in the ADDRESSES section of this notice.
05-1907
Section 4d(a)(2) of the Commodity Exchange Act (``CEA'') and related Commission regulations (hereinafter collectively referred to as ``segregation requirements'') require that, among other things, all funds deposited with a futures commission merchant (``FCM'') to purchase, margin, guarantee, or secure futures or commodity options transactions and all accruals thereon (``customer funds'' or ``customer margin'') be accounted for separately, be held for the benefit of customers and deposited under an account name that clearly identifies them as such, and not be commingled with the FCM's own funds,\1\ Further, the Division of Clearing and Intermediary Oversight (``Division'') has construed these provisions to prohibit any impediments or restrictions upon an FCM's ability to obtain immediate access to customer funds.
United States Institute for Environmental Conflict Resolution; Agency Information Collection Activities: Proposed Collection; Comment Request: See List of Evaluation Related ICRs Planned for Submission to OMB in Section A
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Morris K. Udall Foundation, is planning to submit six Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Five of the six ICRs are for revisions to currently approved collections due to expire 06/30/2005 (OMB control numbers 3320-0003, 3320-0004, 3320-2005, 3320-0006, and 3320-0007). One ICR pertains to a new collection request. The six ICRs are being consolidated under a single filing to provide a more coherent picture of information collection activities designed primarily to measure performance. The proposed collections are necessary to support program evaluation activities. The collection is expected neither to have a significant economic impact on respondents, nor to affect a substantial number of small entities. The average cost (in lost time) per respondent is estimated to be 0.16 hours/6.18 dollars. Before submitting the ICRs to OMB for review and approval, the U.S. Institute is soliciting comments on specific aspects of the proposed information collection as described at the beginning of the section labeled ``Supplementary Information.''
Definition of “Agent” for BCRA Regulations on Non-Federal Funds or Soft Money and Coordinated and Independent Expenditures
The Federal Election Commission requests comments on the proposed revision of the definition of ``agent'' for its regulations on coordinated and independent expenditures, and non-Federal funds, which are commonly referred to as ``soft money.'' Current Commission regulations define agent as ``any person who has actual authority, either express or implied'' to perform certain actions. This definition does not include persons acting only with apparent authority. The Commission's regulations defining agent were challenged in Shays v. FEC. The District Court held that the Commission's definitions of agent did not necessarily run contrary to Congress's intent and were based on a permissible construction of the statute. However, the court also held that the Commission had not provided adequate explanation of its decision to exclude from the definition of agent persons acting only with apparent authority and therefore had not satisfied the reasoned analysis requirement of the Administrative Procedures Act. The court remanded the regulations to the Commission for further action consistent with the court's opinion. Accordingly, in order to comply with the court's decision, the Commission now revisits the definition of agent by issuing this Notice of Proposed Rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.
De Minimis Exemption for Disbursement of Levin Funds by State, District, and Local Party Committees
The Federal Election Commission requests comments on proposed revisions to the Commission's regulations that establish a de minimis exemption allowing State, district, and local committees of a political party to pay for certain Federal election activity aggregating $5,000 or less in a calendar year entirely with Levin funds. In Shays v. FEC, the District Court held that the Commission's de minimis exemption was inconsistent with the statutory intent of the Bipartisan Campaign Reform Act and remanded the regulation to the Commission for further action consistent with the court's opinion. The Commission is appealing this ruling to the D.C. Circuit. In the interim, the Commission is initiating this rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.
Notice of Suspension and of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism
The Enforcement Bureau (Bureau) gives notice of Inter-tel Technologies, Inc.'s (Inter-Tel) suspension from the schools and libraries universal service support mechanism. In addition, the Bureau gives notice that debarment proceedings are commencing against Inter- tel.
Radio Broadcasting Services; Alberta and Dinwiddie, VA, Garysburg and Whitakers, NC
This document denies a Petition for Reconsideration filed by Dinwiddie Radio Company and a Petition for Reconsideration and Clarification filed by MainQuad Broadcasting, Inc. both directed to the Report and Order in this proceeding. See 67 FR 39864, June 11, 2002. With this action, the proceeding is terminated.
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