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

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 52, ``Early Site Permits (ESP); Standard Design Certifications; and Combined Licenses for Nuclear Power Plants''. 2. Current OMB approval number: 3150-0151. 3. How often the collection is required: On occasion and every 10 to 20 years for applications for renewal. 4. Who is required or asked to report: Designers of commercial nuclear power plants, electric power companies, and any person eligible under the Atomic Energy Act to apply for a construction permit for a nuclear power plant. 5. The number of annual respondents: 2.666 (2 early site permit applicants, 2 combined license applicants, and 4 design certification applicants are expected over a 3 year period.). 6. The number of hours needed annually to complete the requirement or request: 205,161 hours. 7. Abstract: 10 CFR Part 52 establishes requirements for the granting of early site permits, certifications of standard nuclear power plant designs, and licenses which combine in a single license a construction permit, and an operating license with conditions (combined licenses), manufacturing licenses, standard design approvals, and pre- application reviews of site suitability issues. Part 52 also establishes requirements for renewal of those approvals, permits, certifications, and licenses; amendments to them; exemptions from certifications; and variances from early site permits. NRC uses the information collected to assess the adequacy and suitability of an applicant's site, plant design, construction, training and experience, and plans and procedures for the protection of public health and safety. The NRC review of such information and the findings derived from that information from the basis of NRC decisions and actions concerning the issuance, modification, or revocation of site permits, design certifications, combined licenses, and manufacturing licenses for nuclear power plants. Submit, by April 11, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, 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 about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

This final rule clarifies regulations relating to the determination of costs to be offset from differential revenue.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (ID) issued by the presiding administrative law judge (ALJ) granting the motion of Alan Lee Distributors, Inc. (ADI) for summary determination of non-infringement in the above-captioned investigation.

This is a Notice of the Presidential declaration of a major disaster for the State of Indiana (FEMA-1573-DR), dated 01/21/2005. Incident: Severe Winter Storms and Flooding. Incident Period: 01/01/2005 and continuing. Effective Dates: 01/21/2005. Physical Loan Application Deadline Date: 03/22/2005. EIDL Loan Application Deadline Date: 10/21/2005.

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Summit Industry Panel 2005.

Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board).

Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission.

The Federal Communications Commission (FCC) has received Office of Management and Budget (OMB) approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. In the 800 MHz Report and Order the Commission adopted certain information collection requirements and third party disclosures as part of its plan to abate interference to public safety communications, such as those of police, fire and emergency medical agencies. The information collection requirements and third-party disclosures will be used by the Commission to ensure that licensees of certain 800 MHz Commercial Mobile Radio Service systems abate interference to the reception of signals from public safety, Critical Infrastructure Industry (CII), and certain other 800 MHz communications systems. In a separate document published in the Final Rules section of this issue, the Commission also announces that the information collection requirements adopted in the 800 MHz Report and Order are effective upon publication of the aforementioned document in the Federal Register. A summary of the 800 MHz Report and Order was published in the Federal Register on November 22, 2004, 68 FR 67823. The summary stated that, with the exception of rules requiring OMB approval, the rules adopted in the 800 MHz Report and Order would become effective January 21, 2005. With regard to rules requiring OMB approval, the Commission stated it will publish a document in the Federal Register announcing the effective date of these rules. With publication of the aforementioned document in the Final Rules section, all rules adopted in the 800 MHz Report and Order are effective. The Commission obtained emergency clearance of the information collections adopted in the 800 MHz Report and Order pursuant to 5 CFR 1320.13(a)(2)(i) and waiver of the notice and comment provisions of 5 CFR 1320.8(d) and 1320.5(a)(iv). As a result, OMB approval for these requirements will expire June 30, 2005. The Commission will establish a period for public comment on these PRA matters before submitting its request for regular, three-year OMB approval of these collections.

This document clarifies and revises the technical and procedural measures that it adopted in a Report and Order on July 8, 2004 to address the ongoing and growing problem of interference to public safety communications in the 800 MHz band. In the Report and Order, the Commission concluded that a plan comprised of both long-term and short-term components represented the most effective solution to the public safety interference problem in the 800 MHz band. Subsequent to the release of the Report and Order, parties made a series of ex parte presentations which provided additional information. The Commission issued a public notice soliciting comment on certain ex parte presentations. Based on this supplementary record and review of the document, the Commission believes it appropriate to make the following clarifications of, and changes to, the provisions of the Report and Order and its accompanying rules. The Commission believe these changes will facilitate a more efficient and timely reconfiguration of the 800 MHz band.

The Copyright Office of the Library of Congress is announcing the termination of the proceeding to determine reasonable rates and terms for two compulsory licenses for the period beginning January 1, 2005, and ending on December 31, 2006. One license allows public performances of sound recordings by means of eligible digital audio transmissions; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The rates and terms applicable to new subscription services, eligible nonsubscription services, and services that transmit performances to business establishments that were in effect on December 31, 2004, will remain in effect during 2005.

The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR system. The revisions are being made primarily to support a voluntary program that would allow the submission of eXtensible Business Reporting Language (XBRL) documents to assess the usefulness of data tagging in general and XBRL in particular. Revisions are also being made to provide support for the new requirement for filers to enter an effectiveness date on submission types 485BPOS and 486BPOS; addition of new Exhibit EX-99.Rule23C1 for Form N-CSR and rescinding of submission types N-23C-1 and N-23C-1/A; changes to submission form type 25, which the Commission has proposed to be filed electronically by a national securities exchange to delist and/or deregister a class of securities under Section 12(b) of the Exchange Act, and by an issuer to voluntarily remove a class of securities from listing on a national securities exchange and/or registration under Section 12(b); and the list of Self-Regulatory Organizations in Appendix C section C.1.5 of the EDGAR Release 8.10 EDGARLink Filer Manual has been updated to show the name change of Cincinnati Stock Exchange to National Stock Exchange. The revisions to the Filer Manual reflect changes within Volumes I, II and III, entitled ``EDGAR Release 8.10 EDGARLink Filer Manual,'' ``EDGAR Release 8.10 N-SAR Supplement Filer Manual,'' and ``EDGAR Release 8.10 OnlineForms Filer Manual'' respectively. The updated manual will be incorporated by reference into the Code of Federal Regulations.

On February 4, 2003, in response to a petition from the New York Mercantile Exchange, Inc. (``NYMEX'' or ``Exchange'') the Commodity Futures Trading Commission (``Commission''), issued an order \1\ pursuant to Section 1a(12)(C) of the Commodity Exchange Act (``Act''). The order provides that, subject to certain conditions, Exchange floor brokers and floor traders (collectively referred to hereafter as ``floor members'') who are registered with the Commission, when acting in a proprietary trading capacity, shall be deemed to be ``eligible contract participants'' as that term is defined in Section 1a(12) of the Act. The order (hereafter the ``original order'' or the ``ECP Order'') is effective for a two-year period and thus will expire on February 4, 2005.

This action corrects a notice published in the Federal Register on February 2, 2005, at 70 FR 5494. In that notice, the time and date of the Fourth Meeting of National Museum and Library Services Board was inadvertently published as 9 a.m. to 12:30 p.m. on Wednesday, February 9, 2005. The correct date of the Fourth Meeting of National Museum and Library Services Board is 9 a.m. to 12:30 p.m. on Wednesday, February 16, 2005. This action corrects that error. The agenda and address of the meeting remain as announced on February 2, 2005, at 70 FR 5494.

This document solicits public comment on the impact of certain provisions of the Communications Act of 1934, as amended, and Commission rules on competition in the multichannel video programming distribution market. The Commission is required by legislative mandate to submit a report to Congress based on the results of this inquiry no later than September 8, 2005.