Agencies and Commissions December 14, 2005 – Federal Register Recent Federal Regulation Documents

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted an information collection request (ICR) entitled AmeriCorps State and National Information Collections Related to Disaster Relief Efforts to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, (PRA 95) (44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Corporation for National and Community Service, AmeriCorps State and National, Amy Borgstrom, Associate Director for Policy, (202) 606-6930, or by e-mail at Aborgstrom@cns.gov. Individuals who use a telecommunications device for the deaf (TTY/TDD) may call (202) 606-3472 between the hours of 9 a.m. and 4:30 p.m. eastern time, Monday through Friday. Copies of the information collection request can be obtained by contacting the office listed in the address section of this notice.

The Federal Election Commission requests comment on proposed revisions to its regulations regarding communications that have been coordinated with Federal candidates and political party committees. The Commission's current rules set out a three-prong test for determining whether a communication is ``coordinated'' with, and therefore an in- kind contribution to, a Federal candidate or a political party committee. In Shays v. FEC, the Court of Appeals invalidated one aspect of the so-called content prong of the coordinated communications test, because the court believed that the Commission had not provided adequate explanation and justification for the current rules under the Administrative Procedure Act. To comply with the decision of the Court of Appeals, and to address other issues involving the coordinated communication rules, the Commission is issuing this Notice of Proposed Rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

The Audio Division, at the request of Big Bend Broadcasting, allots Channel 274C1 at Sanderson, Texas, as the community's second local FM service. Channel 274C1 can be allotted to Sanderson, Texas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 17.6 km (11.0 miles) south of Sanderson. The coordinates for Channel 274C1 at Sanderson, Texas, are 29-59-17 North Latitude and 102-26-32 West Longitude. The Government of Mexico has concurred in this allotment, which is located within 320 kilometers (199 miles) of the U.S.-Mexican border.

This document grants a Counterproposal filed by Four Him Enterprises, LLC in response to the Notice of Proposed Rule Making in this proceeding. See 66 FR 38410, July 24, 2001. Specifically, the license of Station KHZR, Channel 249C3, Potosi, Missouri, is modified to specify operation on Channel 249C2.To accommodate this upgrade, this document makes four related channel substitutions. Channel 248A is substituted for vacant Channel 276A at Linn, Missouri. The license of Station KDAA, Channel 248A, Rolla, Missouri, is modified to specify operation on Channel 276A. The license of Station KJEL, Channel 279C, Lebanon, Missouri, is modified to specify operation on Channel 279C0. This document allots Channel 281A to Eminence, Missouri, to provide a first local service. The reference coordinates for the Channel 249C2 allotment at Potosi, Missouri, are 37-58-30 NL and 90-48-30 WL. The reference coordinates for the Channel 276A allotment at Rolla, Missouri, are 37-57-50 NL and 91-45-54 WL. The reference coordinates for the Channel 281A allotment at Eminence, Missouri, are 37-14-30 NL and 91-26-00 WL. The reference coordinates for the Channel 248A allotment at Linn, Missouri, are 38-29-06 NL and 91-51-06 WL. The reference coordinates for the Channel 279C0 allotment at Lebanon, Missouri, are 37-41-06 NL and 92-41-40 WL. This document also dismisses BPH-20030401ABZ and a separate Petition for Reconsideration filed by Four Him Enterprises, LLC. With this action, the proceeding is terminated.

In this document, the Commission seeks comment on how to implement section 621(a)(1) of the Communications Act. Because several potential competitors seeking to enter the multichannel video programming distributor (MVPD) marketplace have alleged that in many areas the current operation of the local franchising process serves as a barrier to entry, the Commission solicits comment on section 621(a)(1)'s directive that local franchising authorities (LFAs) not unreasonably refuse to award competitive franchises, and whether the franchising process unreasonably impedes the achievement of the interrelated federal goals of enhanced cable competition and accelerated broadband deployment and, if so, how the Commission should act to address that problem.

Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to changes to end state requirements for required actions in Boiling Water Reactor (BWR) plants' technical specifications (TS). The NRC staff has also prepared a model no-significant-hazards- consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to adopt technical specifications changes, designated as TSTF-423, related to Topical Report GE NEDC-32988, Revision 2, ``Technical Justification to support Risk Informed Modification to Selected Required Action End States for BWR Plants,'' which was approved by an NRC SE dated September 27, 2002. Licensees of BWR nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their reactors. The NRC staff is requesting comment on the model SE and model NSHC determination prior to announcing their availability for referencing in license amendment applications.

By this document, the Office of Engineering and Technology (OET) and the Wireless Telecommunications Bureau (WTB) set forth the specific data that Broadband Radio Service (BRS) \1\ licensees in the 2150-2160/62 MHz band must file along with the deadline date and procedures for filing this data on the Commission's Universal Licensing System (ULS). The data will assist in determining future AWS licensees' relocation obligations.

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 (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.

In this document, the Commission seeks comment on a petition for declaratory ruling filed by the Fax Ban Coalition (the ``Coalition'') concerning the scope of the Commission's jurisdiction over interstate communications under the Telephone Consumer Protection Act of 1991 (``TCPA''). In particular, the Coalition asks the Commission to: Affirm that, under its general grant of exclusive authority to regulate interstate communications, the Commission has exclusive authority to regulate interstate commercial fax messages; and find that section 17538.43 of the California Business and Professions Code, and all other State laws that purport to regulate interstate facsimile transmissions, are preempted by the federal TCPA, 47 U.S.C. 227.