Agencies and Commissions December 21, 2005 – Federal Register Recent Federal Regulation Documents
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Peter G. Crane; Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by Peter G. Crane (petitioner). The petition has been docketed by the NRC and has been assigned Docket No. PRM-35-18. The petitioner is requesting that the NRC amend the regulation that governs medical use of byproduct material concerning release of individuals who have been treated with radio pharmaceuticals. The petitioner believes that this regulation is defective on legal and policy grounds. The petitioner requests that the patient release rule be partially revoked to not allow patients to be released from radioactive isolation with more than the equivalent of 30 millicuries of radioactive iodine I-131 in their bodies.
Notice of Prospective Patent License
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license in the United States to practice the inventions described and claimed in Foreign Patent No. 0423277, JSC Docket No. MSC-21293-1-EP, ``Bio-Reactor Cell Culture Process'', Foreign Patent No. 1987294, JSC Docket No. MSC-21293-1-JP, ``Bio- Reactor Cell Culture Process'', International Application No. PCT/US98/ 06826, JSC Docket No. MSC-22859-1-EP, European Application No. 98915320.0 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'', International Application No. PCT/US98/ 06826, JSC Docket No. MSC-22859-1-JP, Japanese Application No. 10- 540983 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'', International Application No. PCT/US98/06826, JSC Docket No. MSC-22859-1-CA, Canadian Application No. 2286349 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'', International Application No. PCT/US98/06826, JSC Docket No. MSC-22859-1-IL, Israeli Application No. 132264 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'', International Application No. PCT/US98/06826, JSC Docket No. MSC-22859- 1-MX, Mexican Application No. 999265 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'', and International Application No. PCT/US98/06826, JSC Docket No. MSC-22859- 1-BR, Brazilian Application No. 98915320.0 entitled ``Production of Functional Proteins: Balance of Shear Stress and Gravity'' to Renautus Bio Therapeutics, LLC, having its principal place of business in Baton Rouge, LA. The patent rights in the inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Third-Party Servicing of Indirect Vehicle Loans
The NCUA is issuing a proposed rule to regulate purchases by federally insured credit unions of indirect vehicle loans serviced by third-parties. NCUA proposes to limit the aggregate amount of these loans serviced by any single third-party to a percentage of the credit union's net worth. The effect of the proposed rule would be to ensure that federally insured credit unions do not undertake undue risk with these purchases.
Meeting of the Advisory Committee; Meeting
This document corrects Notice of Federal Advisory Committee that was published in the Federal Register on Tuesday, December 13, 2005 (70 FR 73720). The Executive Director of the Joint Board for the Enrollment of Actuaries gives notice of a meeting of the Advisory Committee on Actuarial Examinations (portions of which will be open to the public) in Washington, DC at the Office of Professional Responsibility on January 9 and 10, 2006.
Home Mortgage Disclosure
The Board is publishing a final rule amending the staff commentary that interprets the requirements of Regulation C (Home Mortgage Disclosure). The staff commentary is amended to increase the asset-size exemption threshold for depository institutions based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers. The adjustment from $34 million to $35 million reflects the increase of that index by 3.51 percent during the twelve-month period ending in November 2005. Thus, depository institutions with assets of $35 million or less as of December 31, 2005, are exempt from data collection in 2006.
Meeting
The Architectural and Transportation Barriers Compliance Board (Access Board) has scheduled its regular business meetings to take place in Washington, DC from Tuesday through Wednesday, January 10-11, 2006, at the times and location noted below.
Agency Information Collection Activities: Notice of Submission for OMB Review; Final Comment Request
Electioneering Communications
The Federal Election Commission is amending its rules defining ``electioneering communication'' under the Federal Election Campaign Act of 1971, as amended (``FECA'' or the ``Act''). The changes modify the definition of ``publicly distributed'' and the exemptions to the definition of ``electioneering communication'' consistent with the ruling of the U.S. District Court for the District of Columbia in Shays v. FEC, portions of which were affirmed by the U.S. Court of Appeals for the District of Columbia Circuit. Specifically, the changes eliminate the exemption from the electioneering communication provisions for certain tax-exempt organizations and revise the definition of ``publicly distributed,'' a term used in the regulatory definition of ``electioneering communication.'' The Commission is not adopting any other regulatory exemptions considered in this rulemaking. The Commission is also deferring further consideration of a proposed exemption for advertisements promoting films, books and plays until after completing the rulemakings that respond to Shays v. FEC. Further information is provided in the supplementary information that follows.
Extension of Administrative Fines Program
Section 721 of the Transportation, Treasury, Housing and Urban Development, Judiciary, District of Columbia, and Independent Agencies Appropriations Act, 2006 (``2006 Appropriations Act'') amended the Treasury and General Government Appropriations Act, 2000, to extend the expiration date for the Administrative Fines Program (``AFP''). Under the AFP, the Federal Election Commission (``Commission'') may assess civil monetary penalties for violations of the reporting requirements of section 434(a) of the Federal Election Campaign Act (``Act'' or ``FECA''). Accordingly, the Commission is extending the applicability of its rules and penalty schedules in implementing the AFP. Further information is provided in the Supplementary Information that follows.
Self-Regulation and Self-Regulatory Organizations in the Futures Industry
The Commission is extending the time for interested parties to respond to the Commission's Request for Comments on Self-Regulation and Self-Regulatory Organizations in the Futures Industry, published in the Federal Register on November 25, 2005.\1\
Notice of Public Information Collection Requirements Submitted to OMB for Review
U.S. Agency for International Development (USAID) has submitted the following information collection to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding this information collection are best assured of having their full effect if received within 30 days of this notification. Comments should be sent via e-mail to David Rostker@omb.eop.gov or fax to 202-395-7285. Copies of submission may be obtained by calling (202) 712-1365.
Examining System and Programs for Specific Positions and Examinations (Miscellaneous)
The Office of Personnel Management (OPM) is republishing the proposed rule published on December 13, 2005, due to information that was inadvertently omitted. The purpose of these regulations is to revise the Administrative Law Judge Program. The purpose of these revisions is to remove procedures that appear in other parts of this chapter, update outdated information, and remove the internal examining processes from the regulations. Additionally, these revisions describe OPM and agency responsibilities concerning the Administrative Law Judge Program. This proposed regulation continues the basic intent of making administrative law judges independent in matters of tenure and compensation.
Member Business Loans
NCUA is revising its member business loans (MBL) rule to clarify the minimum capital requirements a federally insured corporate credit union (corporate) must meet to make unsecured MBLs to members that are not credit unions or corporate credit union service organizations (corporate CUSOs). NCUA is also revising the definition of a construction or development loan (C&D loan) to include certain loans to borrowers who already own or have rights to property and the definition of net worth to be more consistent with its definition in the Federal Credit Union Act (Act) and NCUA's prompt corrective action regulation (PCA). Finally, the rule clarifies that a state may rescind a state MBL rule without NCUA's approval.
Requirements for Insurance
NCUA is issuing its rule on the purchase of assets and assumption of liabilities by federally-insured credit unions to clarify which transfers of assets or accounts require approval by the NCUA Board.
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, 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.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority
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 No. 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.
Access Charges for IP-Transported Calls
This document seeks comment on a petition for declaratory ruling filed by Frontier. Frontier seeks a declaratory ruling that carriers must pay tariffed originating interstate access charges for Feature Group A calls from Frontier's end users.
DTV Tuner Requirements
This document modifies the rules to advance the date on which new television receivers with certain screen sizes and other TV receiving devices such as VCRs and digital video recorders, must include the capability to receive digital television signals forward four months. This action is intended to further the Commission's efforts to ensure that consumers are able to receive off-the-air digital broadcast television services as soon as possible.
Radio Broadcasting Services; Cambridge, Newark, St. Michaels, and Stockton, MD and Chincoteague, VA
In response to a Notice of Proposed Rule Making, 69 FR 9790 (March 2, 2004) this Report and Order denies a request by CWA Broadcasting, Inc., the licensee of Station WINX-FM, St. Michaels, Maryland, to upgrade its present Channel 232A to Channel 232B1, reallot Channel 232B1 to Cambridge, Maryland, and modify Station WINX-FM's license accordingly. The Report and Order allots Channel 235A to Newark, Maryland, thus providing that community with a first local aural transmission service. The reference coordinates for Channel 235A at Newark, Maryland are 38-12-20 NL and 75-17-15 WL, with a site restriction of 5.0 kilometers (3.1 miles) south of Newark. The Report and Order denies the counterproposal of Route 12 Community Broadcasters to allot Channel 232A to Stockton, Maryland, and allots Channel 233A to Chincoteague, Virginia, which would provide Chincoteague with a second local aural transmission service. The reference coordinates for Channel 233A at Chincoteague are 37-56-00 NL and 75-22-36 WL.
New Preparation Requirements for Bundles of Mail on Pallets
This final rule changes preparation requirements for bundles of Periodicals, Standard Mail, and Package Services flat-size mail or irregular parcels on pallets. The rule gives the conditions under which mailers must prepare an area distribution center, bulk mail center/ auxiliary service facility, or sectional center facility pallet with 250 or more pounds of bundles.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested
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.
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