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

The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

Notice is hereby given that a delegation of the Commissioners of the Defense Base Closure and Realignment Commission will hold an open meeting on July 7, 2005 from 8:30 a.m. to 3:15 p.m. in the Ronald Reagan Building, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. The delay of this notice resulted from the short time-frame established by statute for the operations of the Defense Base Closure and Realignment Commission and the need to coordinate the schedules of the various Federal, state and local officials whose participation was judged essential to a meaningful public discussion. The Commission requests that the public consult the Defense Base Closure and Realignment Commission Web site, https://www.brac.gov, for updates. The delegation will meet to receive comment from Federal, state and local government representatives and the general public on base realignment and closure actions in the District of Columbia, Pennsylvania, and Virginia that have been recommended by the Department of Defense (DoD). The purpose of this regional hearing is to allow communities experiencing a base closure or major realignment action (defined as loss of 300 civilian positions or 400 military and civilian positions) an opportunity to voice their concerns, counter-arguments, and opinions in live public forum. This meeting will be open to the public, subject to the availability of space. The delegation will not render decisions regarding the DoD recommendations at this meeting, but will gather information for later deliberations by the Commission as a whole.

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, Pub. L. 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 (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 allots Channel 286A at Dubois Idaho at the request of Laramie Mountain Broadcasting, LLC, counterproponant filing in response to a Notice of Proposed Rule Making issued at the request of withdrawn petitioner Justin Robinson. 69 FR 75016 (December 15, 2004). Laramie originally requested the allotment of Channel 283A at Dubois, Idaho and amended to Channel 286A. Channel 286A is allotted at Dubois without a site restriction at coordinates 44-10-34 NL and 112- 13-48 WL. A second counterproposal, dismissed as defective, was filed by Millcreek Broadcasting, LLC, licensee of Stations KNJQ(FM), Manti, Utah, KUUU(FM), South Jordan, Utah and KUDD(FM), Roy, Utah; Simmons SLC-LS, LLC, licensee of Stations KDWY(FM), Diamondville, Wyoming, KAOX(FM), Kemmerer, Wyoming and KRAR(FM), Brigham City, Utah; Rocky Mountain Radio Network, Inc., licensee of Station KRMF(FM) Evanston, Wyoming; 3 Point MediaCoalville, LLC, licensee of Station KCUA(FM), Naples, Utah; and College Creek Broadcasting, LLC successful bidder and applicant for four vacant auction allotments.

In this document, the Commission seeks comment on a petition for declaratory ruling filed by a coalition of 33 organizations, including trade associations, individual companies, and non-profit entities engaged in interstate telemarketing activities (``Joint Petitioners''), raising issues concerning the scope of the Commission's jurisdiction over interstate telemarketing calls under the Telephone Consumer Protection Act (``TCPA''). In particular, Joint Petitioners ask the Commission to issue a ruling declaring the Commission's exclusive regulatory jurisdiction over interstate telemarketing calls and barring state regulation of such calls.

The Securities and Exchange Commission (``Commission'') is adopting rules under Regulation NMS and two amendments to the joint industry plans for disseminating market information. In addition to redesignating the national market system rules previously adopted under Section 11A of the Securities Exchange Act of 1934 (``Exchange Act''), Regulation NMS includes new substantive rules that are designed to modernize and strengthen the regulatory structure of the U.S. equity markets. First, the ``Order Protection Rule'' requires trading centers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution of trades at prices inferior to protected quotations displayed by other trading centers, subject to an applicable exception. To be protected, a quotation must be immediately and automatically accessible. Second, the ``Access Rule'' requires fair and non-discriminatory access to quotations, establishes a limit on access fees to harmonize the pricing of quotations across different trading centers, and requires each national securities exchange and national securities association to adopt, maintain, and enforce written rules that prohibit their members from engaging in a pattern or practice of displaying quotations that lock or cross automated quotations. Third, the ``Sub-Penny Rule'' prohibits market participants from accepting, ranking, or displaying orders, quotations, or indications of interest in a pricing increment smaller than a penny, except for orders, quotations, or indications of interest that are priced at less than $1.00 per share. Finally, the Commission is adopting amendments to the ``Market Data Rules'' that update the requirements for consolidating, distributing, and displaying market information, as well as amendments to the joint industry plans for disseminating market information that modify the formulas for allocating plan revenues (``Allocation Amendment'') and broaden participation in plan governance (``Governance Amendment'').

As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2006.

The Advisory Committee on Rules of Bankruptcy Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

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. 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 a web- based senior service recruitment system, called ``Join Senior Service Now'' (JASON), that enables Americans ages 55 and over who are interested in volunteering to match their interests and talents with community homeland security and other critical community needs that have been identified by local Senior Corps grant projects. Use of the system is entirely voluntary. This system was deployed in 2002 and can be accessed by the public at the following Web site: www.joinseniorservice.org. The system is also a component of the USA Freedom Corps Volunteer Opportunities Search Engine. Copies of the information collection requests can be obtained by contacting the office listed in the address section of this notice.

This notice announces the Commission's decision to lift a stay enforcement of special packaging requirements for the drug Lidoderm[reg]. The Commission issued the stay in August of 2001. The manufacturer of Lidoderm[reg] is now using packaging that complies with special packaging requirements.