Agencies and Commissions February 22, 2006 – 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.

On February 15, 2006, the Department of Commerce and the Commission received a letter from petitioners in the subject investigation (Calgon Carbon Corporation, Pittsburgh, PA, and Norit Americas, Inc., Marshall, TX) withdrawing their petition. Commerce has not initiated an investigation as provided for in section 732(c) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)). Accordingly, the Commission gives notice that its antidumping investigation concerning activated carbon from China (investigation No. 731-TA-1102 (Preliminary)) is discontinued.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled AmeriCorps State and National Information Collection Related to Disaster Relief Efforts, to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (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, Amy Borgstrom, Associate Director of 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 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.

The Federal Election Commission (``Commission'') is revising its rules defining ``Federal election activity'' (``FEA'') under the Federal Election Campaign Act of 1971, as amended (``FECA''). These final rules modify the definitions of ``get-out-the-vote activity'' and ``voter identification'' consistent with the ruling of the U.S. District Court for the District of Columbia in Shays v. FEC. The final rules retain the definition of ``voter registration activity'' that the Commission promulgated in 2002, and provide a fuller explanation of what this term encompasses in response to the district court's decision. The Commission is also revising the definition of ``in connection with an election in which a candidate for Federal office appears on the ballot'' for FEA purposes. Further information is provided in the supplementary information that follows.

The FTC has submitted to the Office of Management and Budget (``OMB'') for review under the Paperwork Reduction Act, 44 U.S.C. 3501- 3520 (``PRA'') information collection requirements contained in its proposed revision of the Pay-Per-Call Rule (``Rule'').\1\ The FTC is seeking public comments on the proposal to extend through December 31, 2009 the current PRA clearance. That clearance expires on February 28, 2006.

The Millennium Challenge Corporation (``MCC'') will hold a public information meeting on Thursday, February 23, 2006 at the Institute for International Economics in Washington, DC. The meeting will inform interested parties about the MCC Compact with Benin, which will be signed on February 22, 2006. The event is being co-sponsored by MCC and the Center for Global Development. MCC's Chief Executive Officer, Ambassador John J. Danilovich, will be presenting remarks and members of the Benin Transaction Team, from both MCC and Benin, will participate in a panel discussion.

Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to changes to Diesel Fuel Oil Testing Programs. The changes relocate references to specific American Society for Testing and Materials (ASTM) standards for fuel oil testing to licensee-controlled documents and adds alternate criteria to the ``clear and bright'' acceptance test for new fuel oil. 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 the associated changes into plant-specific technical specifications (TS). Licensees of nuclear power reactors to which the models apply could request amendments confirming the applicability of the SE and NSHC determination to their reactors. The NRC staff is requesting comments on the model SE and model NSHC determination prior to announcing their availability for referencing in license amendment applications.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is amending Commission rules to require that commodity pool annual financial reports submitted by commodity pool operators (``CPOs'') to the National Futures Association (``NFA'') be filed and affirmed electronically, in compliance with NFA's electronic filing procedures. NFA petitioned the Commission to adopt this amendment after its implementation of a pilot program for electronic filing of commodity pool annual reports in 2005. The amendment necessarily eliminates the requirement that the commodity pool annual report filed with NFA be manually signed, and replaces it with a requirement that CPOs maintain for five years in their own business records a manually signed oath or affirmation with respect to each annual report along with documentation supporting the compilation of certain key financial balances required to be submitted to NFA. In addition to mandating electronic filing, the Commission is also amending other provisions of its rules applicable to CPOs with respect to financial reporting to: (i) Explicitly state that commodity pool monthly and/or quarterly account statements distributed to participants must be prepared in accordance with generally accepted accounting principles; (ii) clarify that CPOs must file a notification of a change in a public accountant for a commodity pool with NFA; (iii) clarify that a reference to ``segregation'' with respect to a statement required to be made in an accountant's letter refers to the prohibition on commingling of funds of a commodity pool with the assets of any other person; and (iv) require that notifications concerning CPOs' election of fiscal years for commodity pools other than the calendar year or changes in fiscal year be filed solely with NFA and not the Commission. These amendments with respect to commodity pool financial reporting do not impact the distribution of annual reports to pool participants, which may continue to be provided through hard-copy distribution via postal mail or electronically if the pool participant consents thereto. Also, these amendments do not change the requirements or process for CPOs to request that the Commission provide confidential treatment to commodity pool annual reports submitted to NFA, in response to requests from the public made under the Freedom of Information Act.

The Office of Personnel Management is issuing a final rule to implement a statutory change that requires the use of the Occupational Safety and Health Administration permissible exposure limit standard for concentrations of airborne asbestos fibers for an environmental differential pay category that covers Federal prevailing rate (wage) employees.

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the Agencies) are issuing a final rule that amends their market risk rules to revise the risk-based capital treatment for cash collateral that is posted in connection with securities borrowing transactions. This final rule will make permanent, and expand the scope of, an interim final rule issued in 2000 (the interim rule) that reduced the capital requirement for certain cash-collateralized securities borrowing transactions of banks and bank holding companies (banking organizations) that have adopted the market risk rule. This action more appropriately aligns the capital requirements for these transactions with the risk involved and provides a capital treatment for U.S. banking organizations that is more in line with the capital treatment to which their domestic and foreign competitors are subject.

The Federal Communications Commission, as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, and 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). 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.

The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WZKF(FM), Channel 255B, Salem, Indiana, deletes Channel 255B at Salem, Indiana, from the FM Table of Allotments, allots Channel 255B at Prospect, Kentucky, as the community's first local FM service, and modifies the license of Station WZKF(FM) to specify operation on Channel 255B at Prospect, Kentucky. Channel 255B can be allotted to Prospect, Kentucky, in compliance with the Commission's minimum distance separation requirements with a site restriction of 21.4 km (13.0 miles) northwest of Prospect. The coordinates for Channel 255B at Prospect, Kentucky, are 38-25-59 North Latitude and 85-50-01 West Longitude.

This document dismisses a pending petition for rulemaking filed by 105 Mountain Air, Inc. to allot Channel 265A at Coalinga, California for failure to state a continuing interest in the requested allotment. The document therefore terminates the proceeding. See 69 FR 46474, published August 3, 2004.

The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WEGR(FM), Channel 274C1, Memphis, Tennessee, deletes Channel 274C1 at Memphis, Tennessee, from the FM Table of Allotments, allots Channel 274C1 at Arlington, Tennessee, as the community's first local FM service, and modifies the license of Station WEGR(FM) to specify operation on Channel 274C1 at Arlington. Channel 274C1 can be allotted to Arlington, Tennessee, in compliance with the Commission's minimum distance separation requirements with a site restriction of 10.8 km (6.7 miles) west of Arlington. The coordinates for Channel 274C1 at Arlington, Tennessee, are 89-46-38 North Latitude and 89-46-38 West Longitude. In order to accommodate that allotment, the Audio Division also modifies the reference coordinates for vacant Channel 274A at Saint Florian, Alabama. The reference coordinates for vacant Channel 274A at Saint Florian, Alabama, can be changed to comply with the Commission's minimum distance separation requirements with a site restriction of 4.1 km (2.5 miles) west of Arlington. The revised coordinates for Channel 274A at Saint Florian, Alabama, are 34-50-12 NL and 87-37-27 WL.

This document requests comments on a Petition for Rule Making filed by Unity Broadcasting requesting to upgrade Channel 226A, FM Station WGDQ, to Channel 226C3 and to reallot Channel 226C3 to Sumrall, Mississippi, as that community's second local aural transmission service. To accommodate this allotment, Petitioner requested the reclassification of FM Station WUSW, Channel 279C, Hattiesburg, Mississippi, to specify operation on Channel 279C0 pursuant to the reclassification procedures adopted by the Commission. See 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (December 20, 2000). The licensee of Station WUSW did not respond to an Order to Show Cause why Station WUSW should not be downgraded from Channel 279C to Channel 279C0. Therefore, the Commission has reclassified Station WUSW to Channel 279C0. Channel 226C3 can be allotted with a site restriction of 19.5 kilometers (12.1 miles) northeast of Sumrall, at reference coordinates of 31-33-15 NL and 89-24-50 WL.