Agencies and Commissions April 27, 2005 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 536, ``Operator Licensing Examination Data.'' 3. The form number if applicable: NRC Form 536. 4. How often the collection is required: Annually. 5. Who will be required or asked to report: All holders of operator licenses or construction permits for nuclear power reactors. 6. An estimate of the number of annual responses: 80. 7. The estimated number of annual respondents: 80. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 80. 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: NRC is requesting renewal of its clearance to annually request all commercial power reactor licensees and applicants for an operating license to voluntarily send to the NRC: (1) Their projected number of candidates for operator licensing initial examinations; (2) the estimated dates of the examinations; (3) if the examination will be facility developed or NRC developed, and (4) the estimated number of individuals that will participate in the Generic Fundamentals Examination (GFE) for that calendar year. Except for the GFE, this information is used to plan budgets and resources in regard to operator examination scheduling in order to meet the needs of the nuclear industry. A copy of the final 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 should be directed to the OMB reviewer listed below by May 27, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150-0131), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415-7233.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 36 Licenses and Radiation Safety Requirements for Irradiators. 3. The form number if applicable: Not applicable. 4. How often the collection is required: On occasion. It is estimated that there are approximately 3 NRC and 10 Agreement State reports submitted annually. 5. Who will be required or asked to report: Irradiator licensees licensed by NRC or an Agreement State. 6. An estimate of the number of responses: 108 {13 for reporting (3 NRC licensees and 10 Agreement States) 95 for recordkeeping (19 NRC licensees and 76 Agreement States){time} 7. The estimated number of annual respondents: 95 (19 NRC licensees and 76 Agreement State licensees). 8. An estimate of the number of hours needed annually to complete the requirement or request: 44,356 (8,872 hours for NRC licensees [8,712 recordkeeping + 160 reporting] and 35,484 hours for Agreement State licensees [34,846 recordkeeping + 638 reporting]), or 467 hours per licensee. 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: 10 CFR Part 36 contains requirements for the issuance of a license authorizing the use of sealed sources containing radioactive materials in irradiators used to irradiate objects or materials for a variety of purposes in research, industry, and other fields. The subparts cover specific requirements for obtaining a license or license exemption, design and performance criteria for irradiators; and radiation safety requirements for operating irradiators, including requirements for operator training, written operating and emergency procedures, personnel monitoring, radiation surveys, inspection, and maintenance. Part 36 also contains the recordkeeping and reporting requirements that are necessary to ensure that the irradiator is being safely operated so that it poses no danger to the health and safety of the general public and the irradiator employees. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F23, 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 should be directed to the OMB reviewer listed below by May 27, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John Asalone, Office of Information and Regulatory Affairs (3150-0158), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be submitted by telephone at (202) 395-3087. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures for Auction No. 62
This document announces the auction of certain FM broadcast construction permits scheduled to commence on November 1, 2005 (Auction No. 62). This document also seeks comment on reserve prices or minimum opening bids and other procedures for Auction No. 62.
Customized Postage
The Postal Service(TM) provides notice of its intention to resume testing of the concept of Customized Postage for a period of one year commencing 20 calendar days from the date of publication of this notice in the Federal Register. PC Postage([reg]) is a method of providing evidence of pre-payment of United States postage using a personal computer and printer and Internet access to an authorized PC Postage provider infrastructure approved by the Postal Service under 39 CFR part 501. Like postage meters, PC Postage services facilitate customer access to postage payment and use of the mail. PC Postage and postage meter products that print digitally generated barcode indicia contain human readable and machine readable elements that facilitate mail processing and counterfeit detection due to identification enabling characteristics. The typical indicia design consists of two elements: a postage block and a distinctly separate block typically called an ``ad plate.'' The historical use of ad plates consists of printed advertising messages authorized, enabled, and controlled by a Postal Service approved postage meter or PC Postage provider. Customized Postage differs from conventional PC Postage in two respects: First, it utilizes the ``ad plate'' area to print a digital, graphic image. The image may be one selected from a ``library'' of images provided by the authorized PC Postage provider or a customer supplied image that meets acceptance criteria established by the PC Postage provider; and, second, instead of the customer printing the selected image on a personal computer the images are printed by the Customized Postage provider under controlled conditions and the finished product is mailed to the customer. With respect to postage meter ad plates the Postal Service will require evaluation and approval of any process established by an authorized provider which results in the printing of a graphic ``ad plate.''
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Office of the Library of Congress is proposing regulations for the delivery and format of records of use of sound recordings under two statutory licenses of the Copyright Act.
Facilitating the Use of Cellular Telephones and Other Wireless Devices Aboard Airborne Aircraft
In this document, the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (Commission) extends the periods for both the comment and reply comment deadlines established in the Notice of Proposed Rulemaking (NPRM) adopted by the Commission in the Airborne Cellular proceeding. The deadline to file comments is extended from April 11, 2005, to May 26, 2005, and the deadline to file reply comments is extended from May 9, 2005, to June 27, 2005. This action is taken to enable interested parties sufficient opportunity to review complex issues raised by the NPRM and to provide commenters a reasonable period of time to conduct the testing necessary to assess the potential interference issues associated with the use of pico cell systems and wireless devices onboard aircraft.
Extension of Comment Period for An Environmental Assessment of a Marine Geophysical Survey by the Coast Guard Cutter Healy Across the Arctic Ocean, August-September 2005
The National Science Foundation is extending the comment period for the Environmental Assessment of a Marine Geophysical Survey by the Coast Guard Cutter Healy Across the Arctic Ocean, August- September 2005, published on April 11, 2005 (70 FR 18431). The environmental assessment describes a marine geophysical survey across the Arctic Ocean. This action extends the comment period for 15 days.
Social Security Ruling, SSR 05-03p.; Title XVI: Determining Continuing Disability at Step 2 of the Medical Improvement Review Standard Sequential Evaluation Process for Children Under Age 18-Functional Equivalence
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR 05-03p. This Ruling explains our policies for determining continuing disability at step 2 of the medical improvement review standard for children under 20 CFR 416.994a(b)(2).
Notice of Federal Trade Commission Publication Incorporating Model Forms and Procedures for Identity Theft Victims
The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or the Act), amending the Fair Credit Reporting Act (FCRA), requires the Commission, in consultation with the Federal banking agencies and the National Credit Union Administration, to develop a model form and procedures to be used by identity theft victims for contacting and informing creditors and consumer reporting agencies of the fraud. In this document, the Commission issues a notice of its publication of guidance containing such model forms and procedures.
Regulations for the Safe Transport of Radioactive Material; Solicitation of Comments on Proposed Changes
The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Transportation (DOT) are jointly seeking comments on proposed changes to the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to as TS-R-1). The proposed changes were submitted by the U.S. and other IAEA member states and International Organizations, and might necessitate subsequent domestic compatibility rulemakings by both the NRC and the DOT.
Amendment of the Commission's Rules
This document amends the Commission's rules to clarify the responsibilities of the Managing Director with respect to financial management matters and with respect to implementation of the Commission's directives in a recent Order released October 3, 2003, concerning the administration of the Universal Service Fund (USF) and Telecommunications Relay Services Fund (TRS Fund). The rules adopted herein are intended to provide clear direction to the Managing Director to respond quickly and efficiently to matters concerning the proper accounting and reporting for the Commission's financial transactions and compliance with relevant and applicable federal financial management and reporting statutes. In addition, we amend our rules to authorize the Billing and Collection Agent for North American Numbering Plan Administration and the Administrators of the USF and the TRS Fund to issue FCC Registration Numbers for carriers who have not previously been assigned one.
Suspension of the Acceptance of Applications for new 900 MHz Licenses Allotted to Business and Industrial Land Transportation Pool Licensees
In this document, the Commission affirmed the Wireless Telecommunications Bureau's (Bureau) decision to suspend the acceptance of applications for new 900 MHz business and industrial land transportation (B/ILT) licenses. The Commission takes this action to facilitate the auction of 900 MHz B/ILT white space.
Presubscribed Interexchange Carrier Charges
This document grants informal requests for waiver of the deadline for compliance with the Commission's revised presubscribed interexchange carrier (PIC) change charge policies. PIC change charges are federally-tariffed charges imposed by incumbent local exchange carriers on end-user subscribers when these subscribers change their long distance carriers. The order extends by six months the date by which incumbent local exchange carriers must file tariff revisions to comply with the revised PIC change charge requirements.
Radio Frequency Identification
The Commission adopted rules which allowed for operation of improved radio frequency identification (RFID) systems in the 433.5- 434.5 MHz (``433 MHz'') band. The rule in Sec. 15.240 required Office of Management and Budget approval and the Commission stated in its previous Federal Register publication that it would announce the effective date of that section when approved. This document announces the effective date of Sec. 15.240.
Air-Ground Telecommunications Services; Correction
The Federal Communications Commission (``Commission'') published in the Federal Register of Wednesday, April 13, 2005, a document, wherein Sec. 22.857 was incorrectly amended. This document corrects that amendment.
Smith Bagley, Inc., Petition for Waiver of Section 54.400(e) of the Commission's Rules
In this document, the Commission grants the petition of Smith Bagley, Inc. (SBI) seeking a waiver of section 54.400(e) of the Commission's Lifeline and Link-Up eligibility rules to enable eligible residents of the Eastern Navajo Agency in the state of New Mexico to receive enhanced Lifeline and Link-Up support.
Narrowbanding for Private Land Mobile Radio Service
This document specifies the procedures by which forty Private Land Mobile Radio (PLMR) channels, which are located in frequency bands that are allocated primarily for Federal use, are to transition to narrower, more spectrally efficient channels in a process commonly known as ``narrowbanding.'' We take this action because the National Telecommunications and Information Administration (NTIA) has adopted a more rapid narrowbanding schedule in the 150.05-150.8 MHz, the 162.0125-173.2 MHz and 173.4-174 MHz (162-174 MHz), and the 406.1-420 MHz bands (collectively, the Federal bands) than the Commission has required for its licensees.
Prevailing Rate Systems; Environmental Differential Pay for Asbestos Exposure
The Office of Personnel Management is issuing an interim regulation to implement a change in law that requires the use of the Occupational Safety and Health Administration permissible exposure limit standard for concentrations of airborne asbestos fibers for an environmental differential pay category that covers Federal prevailing rate (wage) employees.
Title IV Conservators, Receivers, and Voluntary Liquidations; Receivership Repudiation Authorities
The Farm Credit Administration (FCA) is proposing a rule on how the Farm Credit System Insurance Corporation (FCSIC), as receiver or conservator of a Farm Credit System (System) institution, will treat financial assets transferred by the institution in connection with a securitization or in the form of a participation. The rule would resolve issues raised by Financial Accounting Standards Board (FASB) Statement No. 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities (SFAS 140). Under conditions described in the rule, the FCSIC will not seek to recover or reclaim certain financial assets in exercising its authority to repudiate or disaffirm contracts pursuant to 12 CFR 627.2725(b)(2), (b)(14) and 627.2780(b) and (d). The proposed rule also provides that the FCSIC will not seek to enforce the ``contemporaneous'' requirement of section 5.61(d) of the Farm Credit Act of 1971, as amended (Act) (12 U.S.C. 2277a-10(d)). The proposed rule is substantially identical to receivership rules issued by the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA).
Facilitating the Provision of Spectrum-Based Services to Rural Areas and Promoting Opportunities for Rural Telephone Companies To Provide Spectrum-Based Services
The Federal Communications Commission (Commission) announces that a certain rule adopted in its Rural Services proceeding (WT Docket Nos. 02-381, 01-14, and 03-202; FCC 04-166) in 2004, to the extent it contained an information collection requirement that required approval by the Office of Management and Budget (OMB) was approved, and became effective March 10, 2005, following approval by OMB.
Radio Broadcasting Services; McAlester, Okemah, and Wilburton, OK
The Audio Division requests comment on a petition jointly filed by Little Dixie Radio, Inc., KESC Enterprises, Inc., and Southeastern Oklahoma Radio, LLC, to reallot and change the community of license for Station KESC(FM) from Channel 279C1 at Wilburton, Oklahoma, to Channel 279C1 at Okemah, Oklahoma. To prevent the removal of the sole local aural service at Wilburton, the document proposes to reallot and change the community of license for Station KMCO(FM) from Channel 267C1 at McAlester, Oklahoma to Channel 267C1 at Wilburton, Oklahoma. See Supplementary Information.
Radio Broadcasting Services; Morrison and Sparta, Tennessee
The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WRKK-FM, Channel 288A, Sparta, Tennessee, deletes Channel 288A at Sparta, Tennessee, from the FM Table of Allotments, allots Channel 287A at Morrison, Tennessee, as the community's first local FM service, and modifies the license of Station WRKK-FM to specify operation on Channel 287A at Morrison. Channel 287A can be allotted to Morrison, Tennessee, in compliance with the Commission's minimum distance separation requirements with a site restriction of 3.4 km (2.1 miles) northeast of Morrison. The coordinates for Channel 287A at Morrison, Tennessee, are 35-37-27 North Latitude and 85-53-37 West Longitude.
Radio Broadcasting Services; Lahaina and Waianae, HI
In response to a Notice of Proposed Rule Making, 68 FR 2733 (January 21, 2003), this Report and Order reallots Channel 266C, FM Station KLHI, Lahaina, Hawaii, to Waianae, Hawaii, and modifies Station KLHI's license accordingly. The coordinates for Channel 266C at Waianae, Hawaii, are 21-23-51 NL and 158-06-01 WL, with a site restriction of 10.7 kilometers (6.6 miles) southeast of Waianae.
Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan
In July 2004, the Federal Communications Commission (FCC) adopted a Report and Order, in the 800 MHz Public Safety Proceeding establishing rules that reconfigure the 800 MHz band to eliminate interference to public safety and other 800 MHz land mobile communication systems. As specified in the Commission's Report and Order, the band reconfiguration process is being overseen by a Transition Administrator (TA) whose duties include providing the Commission with a plan detailing when band reconfiguration will commence in each of the fifty-five 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) regions. On January 31, 2005, the TA filed the plan (Regional Prioritization Plan or RPP), containing a general schedule for implementing 800 MHz band reconfiguration.
Radio Broadcasting Services; Daytona Beach Shores, FL
This document grants a petition filed by Carmine Tutera requesting the allotment of Channel 258A at Daytona Beach Shores, Florida, as its first local service. See 69 FR 42957, published July 19, 2004. The coordinates for Channel 258A at Daytona Beach Shores are 29-15-06 NL and 81-02-29 WL. There is a site restriction 10.1 kilometers (6.3 miles) northwest of Daytona Beach Shores.
Radio Broadcasting Services; Enfield, NH; Hartford, VT; Keeseville and Morrisonville, NY; White River Junction, VT
This document requests comments on a petition for rule making filed by Nassau Broadcasting III, L.L.C. (``Petitioner''), licensee of FM Station WWOD, Channel 282C3, Hartford, Vermont, and FM Station WXLF, Channel 237A, White River Junction, Vermont. Petitioner requests that the Commission (1) allot Channel 282A to Enfield, New Hampshire as its first local radio broadcast service; (2) reallot Channel 282C3 from Hartford, Vermont, to Keeseville, New York, and modify the license of Station WWOD accordingly; (3) reallot Channel 237A from White River Junction, Vermont, to Hartford, Vermont and modify the license of Station WXLF accordingly; and (4) reallot Channel 231A from Keeseville, New York, to Morrisonville, New York, as that community's first local radio broadcast station. The coordinates for Channel 282A at Enfield, New Hampshire are 43-38-30 North Latitude and 72-08-42 West Longitude, with no site restrictions. The coordinates for Channel 282C3 at Keeseville, New York are 44-31-31 North Latitude and 73-31-07 West Longitude, with a site restriction of 3.8 kilometers (2.3 miles) northwest of Keeseville. The coordinates for Channel 237A at Hartford, Vermont, are 43-43-45 North Latitude and 72-22-22 West Longitude, with a site restriction of 8.1 kilometers (5.0 miles) north of Hartford. The coordinates for Channel 231A at Morrisonville, New York, are 44-40-19 North Latitude and 73-32-17 West Longitude, with a site restriction of 3.0 kilometers (1.9 miles) southeast of Morrisonville.
Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval
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.
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
In this document the Commission takes certain actions intended to conform certain technical rules governing the 764-776 MHz and 794- 806 MHz public safety bands (700 MHz Public Safety Band) to industry consensus standards.
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
In this document the Commission takes certain actions intended to encourage the transition to narrowband technology in the 764-776 MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
In this document the Commission seeks comment on various proposals governing both technical and operational rules in the 764-776 MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).
Implementation of SHVERA: Procedural Rules
In this document, the Commission adopts procedural rules in compliance with requirements in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The Commission first prescribes rules for carriage elections on a county basis, unified retransmission consent negotiations, and notifications by satellite carriers to local broadcasters concerning carriage of significantly viewed signals. The Commission also revises the rules for satellite carriers' notices to station licensees when the carrier is going to initiate new local service. Finally, the Commission adopts a procedural rule which exempts satellite carriers from the signal testing requirements of section 339(c)(4) of the Communications Act of 1934, as amended, when local- into-local service is available.
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