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

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 (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 requests comments on a petition for rule making filed by Bristol Broadcasting Company, Inc. (``Petitioner''), licensee of Station WWLE(FM), Channel 271C3, Clinton, Kentucky; Station WQQR(FM), Channel 234C2, Mayfield, Kentucky; and Station WLIE-FM, Channel 232A, Golconda, Illinois. Petitioner requests that the Commission (1) reallot Channel 271C3, Station WWLE(FM), from Clinton to Mayfield, Kentucky, and upgrade the allotment of Channel 271C3 to Channel 271C2; (2) reallot Channel 234C2, Station WQQR(FM), from Mayfield to Clinton, Kentucky; and (3) allow Petitioner to relocate the transmitter site of Station WLIE-FM, Channel 232A, to avoid short spacing to proposed Channel 234C2 at Clinton, Kentucky. The coordinates for Channel 271C2 at Mayfield, Kentucky, are 36-40-36 North Latitude and 88-29-29 West Longitude, with a site restriction of 14.9 kilometers (9.2 miles) southeast of Mayfield. The coordinates for Channel 234C2 at Clinton, Kentucky, are 36-45-51 North Latitude and 88-39-55 West Longitude, with a site restriction of 31.2 kilometers (19.4 miles) east of Clinton. The coordinates for Channel 232A, Station WLIE-FM, at Golconda, Illinois, are 37-14-18 North Latitude and 88-29-40 West Longitude, with a site restriction of 14.3 kilometers (8.9 miles) south of Golconda, Illinois.

This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 247A at Thomas, Oklahoma. The coordinates for Channel 247A at Thomas are 35-44- 00 and 98-42-00. There is a site restriction 4.4 kilometers (2.8 miles) east of the community.

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 Clear Channel Broadcasting Licenses, Inc. pursuant to Sections 1.420(g) and (i) of the Commission's rules. Petitioner proposes to change the community of license for Station WEGR from Memphis to Arlington, Tennessee, where Channel 274C1 would provide a first local service. In order to accommodate the proposed change of community, Clear Channel further proposes to change the reference coordinates for vacant Channel 274A at Saint Florian, Alabama. The proposed coordinates for Channel 274C1 at Arlington, Tennessee are 35-16-33 NL and 89-46-38 WL. The allotment will require a site restriction of 10.8 km (6.7 miles) west of Arlington. The proposed new coordinates for Channel 274C1 at Saint Florian, Alabama are 34-50-12 NL and 87-37-27 WL. The allotment will require a site restriction of 4.1 km (2.5 miles) south of Saint Florian.

This document requests comments on a petition for rulemaking filed by by Charles Crawford, requesting the allotment of Channel 262A at Lake Park, Florida, as its first local aural broadcast service. This proposal requires the reclassification of Station WHYI-FM, Channel 264C, Fort Lauderdale, Florida to specify operation on Channel 264C0. See Second Report and Order in MM Docket 98-93, 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (2000). An Order to Show Cause was issued to Clear Channel Broadcasting Licenses, Inc., licensee of Station WHYI-FM to which no response was received. Channel 262A can be allotted to Lake Park in compliance with the Commission's minimum distance separation requirements with a site restriction of site 4.7 kilometers (2.9 miles) south of the community at coordinates 26-45-29 NL and 80-03-28 WL.

The Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (Commission) announces that certain rules adopted in the Universal Licensing System proceeding (WT Docket Nos. 98-20 and 96-188, FCC 98-234) in 1998, to the extent they contained information collection requirements that required approval by the Office of Management and Budget (OMB), became effective on January 21, 1999. The Bureau also announces that certain rules adopted in the Universal Licensing System proceeding (WT Docket Nos. 98-20, and 96- 188, FCC 99-139) in 1999, to the extent they contained information collection requirements that required approval by OMB, became effective on October 1, 1999.

The Decommissioning Directorate of the U.S. Nuclear Regulatory Commission's (NRC's) Office of Nuclear Material Safety and Safeguards is holding a Decommissioning Workshop on April 20 and 21, 2005, at The Shady Grove Center in Rockville, Maryland. The purposes of the Workshop are to: (1) Inform stakeholders of NRC's Integrated Decommissioning Improvement Plan (IDIP), including planned regulatory and program management improvements; (2) discuss the development of guidance resulting from the NRC staff's 2003 analysis of issues impacting the implementation of the License Termination Rule, and; (3) solicit feedback and suggestions from stakeholders on guidance, decommissioning lessons learned, and the decommissioning process in general. Public participation is encouraged at the Workshop to provide feedback and perspectives on issues of importance to the work of the NRC's Decommissioning Directorate.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a generic letter (GL) to request that addressees submit information to the NRC concerning the status of their compliance with GDC 17, 10 CFR 50.63, 10 CFR 50.65, and plant technical specifications governing electric power in accordance with 10 CFR 50.54(f). This request is to obtain information from addressees in four areas: (1) Use of nuclear power plant/transmission system operator protocols and real time contingency analysis programs to monitor grid conditions to determine operability of offsite power systems under plant technical specifications, (2) use of nuclear power plant/transmission system operator protocols and real time contingency analysis programs to monitor grid conditions for consideration in maintenance risk assessments, (3) offsite power restoration procedures in accordance with Section 2 of Regulatory Guide 1.155, ``Station Blackout,'' and (4) losses of offsite power caused by grid failures at a frequency of >= 20 Years in accordance with Regulatory Guide 1.155. This Federal Register notice is available through the NRC's Agencywide Documents Access and Management System (ADAMS) under accession number ML050810504.

On April 6, 2005, the Chairman of CITA received a petition from Sandler, Travis, & Rosenberg, P.A., on behalf of their client, Dillard's Inc., alleging that certain 100 percent cotton, carbon- emerized, three or four-thread twill weave fabric, of the specifications detailed below, classified in subheading 5208.33.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that woven cotton shirts and blouses of such fabrics assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. CITA hereby solicits public comments on this request, in particular with regard to whether such fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by April 27, 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 National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA policy and procedures (14 CFR part 1216 subpart 1216.3), NASA has prepared and issued an FPEIS for the MEP. The FPEIS addresses the potential environmental impacts associated with continuing the preparations for and implementing the program. The MEP would be a science-driven, technology-enabled effort to characterize and understand Mars using an exploration strategy which focuses on evidence of the presence of water. The Proposed Action, that is NASA's Preferred Alternative, addresses the preparation for and implementation of a coordinated series of robotic orbital, surface, and atmospheric missions to gather scientific data on Mars and its environments through 2020. Continued planning for missions to return Martian samples to Earth would be included. Some MEP missions could use radioisotope power systems (RPSs) for electricity, radioisotope heater units (RHUs) for thermal control, and small quantities of radioisotopes in science instruments for experiments and instrument calibration. Environmental impacts associated with specific missions would be addressed in subsequent environmental documentation, as appropriate. Missions launched from the United States would likely originate from either Cape Canaveral Air Force Station (CCAFS), Florida, or Vandenberg Air Force Base (VAFB), California.

Following receipt on April 1, 2005 of a request from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission instituted investigation No. 332-467, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2004 Special Review. Background: As requested by the USTR, under section 332(g) of the Tariff Act of 1930 and in accordance with section 503(d)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2463(d)(1)(A)), the Commission will provide advice on whether any industry in the United States is likely to be adversely affected by a waiver of the competitive need limits specified in section 503(c)(2)(A) of the 1974 Act for Indonesia for HTS subheadings 4412.13.40, and 9001.30.00; and for Thailand for HTS subheadings 7113.11.50 and 9009.12.00. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the Commission, as requested, will use the dollar value limit of $115,000,000. As requested by the USTR, the Commission will seek to provide its advice not later than May 31, 2005.

In compliance with the Paperwork Reduction Act and supporting regulations, this document announces that the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Morris K. Udall Foundation, is submitting to the Office of Management and Budget (OMB) six Information Collection Requests (ICRs). 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, 3320-0005, 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 time spent) per respondent is estimated to be 0.16 hours/$6.18. Each ICR describes the authority and need for program evaluation, the nature and use of the information to be collected, the expected burden and cost to respondents and the U.S. Institute, and how the evaluation results will be made available. The ICRs also contain the specific questionnaires that will be used to collect the information for each program area. Approval is being sought for each ICR separately, and information collection will begin for each program area once OMB has approved the respective ICR. The U.S. Institute published a Federal Register notice on February 2, 2005, 70 FR, pages 5489-5494, to solicit public comments for a 60-day period. The U.S. Institute received one comment. The comment and the U.S. Institute's response are included in the ICRs. The purpose of this notice is to allow an additional 30 days for public comments regarding these ICRs.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval. Summary of Proposal(s): (1) Collection title: Supplemental Information on Accident and Insurance. (2) Form(s) submitted: SI-1c, SI-5, ID-3s, ID-3s-1, ID-3u, ID-30-k, ID-30k-1. (3) OMB Number: 3220-0036. (4) Expiration date of current OMB clearance: 05/31/2005. (5) Type of request: Extension of a currently approved collection. (6) Respondents: Individuals or households, Business or other for- profit. (7) Estimated annual number of respondents: 10,000. (8) Total annual responses: 28,500. (9) Total annual reporting hours: 1,691. (10) Collection description: The Railroad Unemployment Insurance Act provides for the recovery of sickness benefits paid if an employee receives a settlement for the same injury for which benefits were paid. The collection obtains information about the person or company responsible for such payments that is needed to determine the amount of the RRB's entitlement. Additional Information or Comments: Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer (312-751-3363) or Charles.Mierzwa@rrb.gov. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503.

The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add a new subpart and clause required by the Department of Veterans Affairs (VA), consistent with Congressional intent under Section 603 of the Veterans Health Care Act of 1992 (VHCA) that certain Federal agencies (i.e., VA, Department of Defense (DoD), Public Health Service (including the Indian Health Service), and the Coast Guard) have access to Federal pricing for pharmaceuticals purchased for their beneficiaries. GSA is responsible for the schedules program and rules related to its operation. Under GSA's delegation of authority, the VA procures medical supplies under the VA Federal Supply Schedule program. VA and DoD seek this amendment. This new subpart adds a clause unique to the virtual depot system established by a Federal Agency Retail Pharmacy Program utilizing contracted retail pharmacies as part of a centralized pharmaceutical commodity management program. At this time, only DoD has a program in place, and the rule would facilitate DoD's access to Federal pricing offered on Federal Supply Schedule (FSS) pharmaceutical contracts for covered drugs purchased by DoD and dispensed to TRICARE beneficiaries through retail pharmacies in the TRICARE network.