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

In this document, the Federal Communications Commission (Commission) grants petitions filed by Sprint Corporation (Sprint) and WorldCom, Inc. (MCI) seeking reconsideration of the Commission's March 14, 2003, Order on Reconsideration (IP Relay Reconsideration Order). This matter derives from the April 2002 IP Relay DeclaratoryRuling and Further Notice of Proposed Rulemaking (IP Relay Declaratory Ruling & FNPRM), which recognized IP Relay as a form of telecommunications relay service (TRS), authorized compensation for IP Relay providers from the Interstate TRS Fund, and waived certain mandatory minimum standards as they apply to the provision of IP Relay.

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, 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.

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.

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.

This document lists Petitions for Reconsideration filed on or shortly before December 22, 2004, in the 800 MHz Public Safety Interference Proceeding, and establishes deadlines for the filing of Oppositions to the Petitions for Reconsideration and Replies to the Oppositions.

Notice is hereby given that the U.S. International Trade Commission has determined to remand the above-referenced investigation to the presiding administrative law judge (ALJ) for further proceedings and findings in light of claim construction determinations made by the Commission and an expected ruling by the U.S. Court of Appeals for the District of Columbia (D.C. Court of Appeals) in U.S. International Trade Commission v. ASAT Inc., Appeal No. 05-5009. The Commission also has determined to extend the target date in this investigation by seven (7) months and twenty-one (21) days, i.e., until November 21, 2005.

This document grants the Petition for Reconsideration filed by Dana J. Puopolo directed to the Report and Order in this proceeding by allotting Channel 299C3 at Gunnison, Colorado, as its fourth local service. See 69 FR 58840, published October 1, 2004. Channel 299C3 can be allotted to Gunnison, consistent with the minimum distance separation requirements of the Commission's rules provided there is a site restriction of 19.5 kilometers (12.1 miles) northeast at coordinates 38-40-48 NL and 106-46-48 WL. This site restriction will ensure full-spacing to the license site of Station KBKL on Channel 300C at Grand Junction, Colorado. This document also allots Channel 274C3 in lieu of Channel 272C2 at Crawford, as its first local service. Channel 274C3 can be allotted to Crawford in compliance with the minimum distance separation requirements of the Commission's rules provided there is a site restriction of 19.5 kilometers (12.1 miles) northeast at coordinates 38-38-09 NL and 107-34-43 WL. As a result, the Station KVLE(FM) Channel 299A substitution at Gunnison and the site relocation for vacant Channel 270C2 at Olathe is no longer necessary. See SUPPLEMENTARY INFORMATION.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Audio Division requests comment on a petition filed by George S. Flinn, Jr., proposing to allot Channel 277C as the community's fourth local aural broadcast service. The proposed coordinates for Channel 277C at Alturas, California, are 41-31-30 NL and 120-19-45 WL. The allotment will require a site restriction of 18.2 km (11.3 miles) east of Alturas.

The Audio Division requests comment on a petition filed by Capstar TX Limited Partnership to reallot, downgrade, and modify its liceense for Station WVBZ(FM) from Channel 262C at High Point, North Carolina, to Chanel 262C0 at Liberty, North Carolina, as a first local service. Pursuant to Section 1.420(i) of the Commission's Rules, we shall not accept competing expressions of interest pertaining to the use of Channel 262C0 at Liberty. Channel 262C0 can be allotted to Liberty with a site restriction of 17.6 kilometers northeast at reference coordinates of 35-58-57 and 79-27-29.

This document establishes final procedures for resolving End User Common Line (EUCL) informal complaints. The Commission's actions are necessary in order to resolve several hundred longstanding informal complaints previously filed by payphone providers against local exchange carriers (LEC). The intended effect of the EUCL Procedures Order is to notify EUCL informal complainants that, if they intend to pursue their claims and collect damages, they must follow a number of specific procedures between Friday, April 22, 2005 and Friday, September 9, 2005, or risk losing the right to pursue certain claims. All informal complainants are strongly encouraged to read closely the EUCL Procedures Order.

This document sets forth three proposals to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Dana J. Puopolo. Petitioner proposes the allotment of Channel 255A at Mojave, California, as a third local service. Channel 255A can be allotted at Mojave in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.3 km (6.4 miles) northeast of Mojave. The proposed coordinates for Channel 255A at Mojave are 35-06-07 North Latitude and 118-04-41 West Longitude. In addition, in order to accommodate the allotment of Channel 255A at Mojave, Petitioner further proposes to substitute Channel 247A for vacant Channel 255A at Trona, California, and to change the FM Table of allotments at Trona, California, by deleting Channel 255A and adding Channel 247A. The proposed coordinates for Channel 247A at Trona, California, are 35-45- 46 NL and 117-22-19 WL. The allotment can be allotted at center city reference coordinates without site restriction. See Supplementary Information infra.

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 31, General Domestic Licenses for Byproduct Material. 2. Current OMB approval number: 3150-0016. 3. How often the collection is required: Reports are submitted as events occur. Registration certificates may be submitted at any time. Changes to the information on the registration certificate are submitted as they occur. 4. Who is required or asked to report: Persons receiving, possessing, using, or transferring byproduct material in certain items. 5. The estimated number of annual respondents: Approximately 6,600 NRC general licensees and 26,400 Agreement State general licensees. 6. The number of hours needed annually to complete the requirement or request: 15,118 (2,474 hours for NRC licensees [1,650 hours recordkeeping and 824 hours] and 12,644 hours for Agreement State licensees [6,600 hours recordkeeping and 6,044 hours reporting] or an average of 0.4 hours per response and .25 hours per recordkeeper). 7. Abstract: 10 CFR Part 31 establishes general licenses for the possession and use of byproduct material in certain items and a general license for ownership of byproduct material. General licensees are required to keep records and submit reports identified in Part 31 in order for NRC to determine with reasonable assurance that devices are operated safely and without radiological hazard to users or the public. Submit, by June 6, 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, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to infocollects@nrc.gov.

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

Pursuant to section 204(d) of the Trade Act of 1974 (19 U.S.C. 2254(d)) (the Act), the Commission has instituted investigation No. TA- 204-12, Steel: Evaluation of the Effectiveness of Import Relief, for the purpose of evaluating the effectiveness of the relief action imposed by the President on imports of certain steel products under section 203 of the Act. The remaining portion of the action terminated on March 21, 2005.

The NRC has prepared a final environmental assessment as its evaluation of a request by Entergy Operations, Inc., Entergy, the licensee) for a license amendment to increase the maximum thermal power at the Waterford Steam Electric Station, Unit 3 (Waterford 3) from 3441 megawatts thermal (MWt) to 3716 MWt. This represents a power increase of approximately 8 percent for Waterford 3. The NRC staff has the option of preparing an environmental impact statement if it believes a power uprate will have a significant impact on the human environment. The NRC staff did not identify any significant impact from the information provided in the licensee's extended power uprate (EPU) application for Waterford 3 or the NRC staff's independent review; therefore, the NRC staff is documenting its environmental assessment. The final environmental assessment and finding of no significant impact is being published in the Federal Register.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning report of shipment. A request for public comments was published in the Federal Register at 70 FR 6423, on February 7, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.