Agencies and Commissions May 2006 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 11, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Amgen Inc. of Thousand Oaks, California. Amgen filed an amended complaint and a supplement on April 27, 2006. The amended complaint alleges violations of section 337 in the importation into the United States of certain products and pharmaceutical compositions containing recombinant human erythropoietin by reason of infringement of claims 1 and 2 of U.S. Patent No. 5,441,868, claims 3, 4, 5, and 11 of U.S. Patent No. 5,547,933, claims 4-9 of U.S. Patent No. 5,618,698, claims 4 and 6 of U.S. Patent No. 5,621,080, claim 7 of U.S. Patent No. 5,756,349, and claim 1 of U.S. Patent No. 5,955,422. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and purpose of information collection: Employer Reporting; OMB 3220-0005. Under Section 9 of the Railroad Retirement Act (RRA), and Section 6 of the Railroad Unemployment Insurance Act (RUIA), railroad employers are required to submit reports of employee service and compensation to the RRB as needed for administering the RRA and RUIA. To pay benefits due on a deceased employee's earnings records or determine entitlement to, and amount of annuity applied for, it is necessary at times to obtain from railroad employers current (lag) service and compensation not yet reported to the RRB through the annual reporting process. The reporting requirements are specified in 20 CFR 209. The RRB currently utilizes Form G-88a.l, Notice of Retirement and Verification of Date Last Worked, Form G-88a.2, Notice of Retirement and Request for Service Needed for Eligibility, and Form AA-12, Notice of Death and Compensation, to obtain the required lag service and related information from railroad employers. Form G-88a.1 is a computer-generated listing sent by the RRB to railroad employers and used for the specific purpose of verifying information previously provided to the RRB regarding the date last worked by an employee. If the information is correct, the employer need not reply. If the information is incorrect, the employer is asked to provide corrected information. Form G-88a.2 is used by the RRB to secure lag service and compensation information when it is needed to determine benefit eligibility. Form AA-12 obtains a report of lag service and compensation from the last railroad employer of a deceased employee. This report covers the lag period between the date of the latest record of employment processed by the RRB and the date an employee last worked, the date of death or the date the employee may have been entitled to benefits under the Social Security Act. The information is used by the RRB to determine benefits due on the deceased employee's earnings record. The RRB proposes changes to Form AA-12 to delete items no longer needed. Minor editorial and formatting changes are also proposed to Form AA-12. No changes are proposed to Form G-88a.1. Non-burden impacting editorial and formatting changes are proposed to Form G-88a.2. In addition, 20 CFR 209.12(b) requires all railroad employers to furnish the RRB with the home addresses of all employees hired within the last year (new-hires). Form BA-6a, BA-6 Address Report, is used by the RRB to obtain home address information of employees from railroad employers that do not have the home address information computerized and who submit the information in a paper format. The form also serves as an instruction sheet to railroad employers who can also submit the information electronically by magnetic tape, cartridge, PC diskette or via the Internet utilizing the RRB's Employer Reporting System. No changes are proposed to the approved versions of Form BA-6a currently in use. The RRB is proposing the addition of a secure E-mail equivalent option of Form BA-6a to the information collection. The completion time for Form G-88a.1 is estimated at 5 to 20 minutes. Form G-88a.2 is estimated at 5 minutes per response. The estimated completion time for Form AA-12 is 5 minutes per response. The estimated completion time for Form BA-6a is 10 to 30 minutes. Completion is mandatory. The RRB estimates that approximately 60 Form AA-12's, 504 Form G-88a.1's, 480 Form G-88a.2's and 914 Form BA-6a's are completed annually. Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751-3363 or send an e-mail request to 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 send an e-mail to Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 days of this notice.

The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products previously furnished by such agencies. Comments Must Be Received on or Before: June 11, 2006.

NARA proposes to revise its regulations on the locations and hours of NARA facilities to reflect the relocation of two facilities in the past fiscal year. This proposed rule will affect the public.

The Export-Import Bank, as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. Our customers will be able to submit this form on paper or electronically. The form has been updated in the following ways: The format has been changed in order to standardize its outline with those used for medium-term insurance and guarantees and exporter short-term single sale insurance. Information requested in order for the applicant to obtain special insurance coverages has been taken out of the body of the application and put in separate appendixes. Information about the end-user and agent is now requested. Legal certifications have been updated. The application also more explicitly states the financial information that is required to be submitted with the application.

NARA is revising the regulations relating to the National Historical Publications and Records Commission (NHPRC) grant program to reflect changes in the operation of the NHPRC and to clarify provisions. Beginning in FY 2005, the NHPRC began publishing online grant announcements (linked to Grants.gov). This rule will affect State and local government agencies; United States nonprofit organizations and institutions, including institutions of higher education; Federally acknowledged and State-recognized American Indian tribes or groups; and United States citizens applying for NHPRC grants as individuals.

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, Public Law 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.

On March 6, 2006, the Chairman of CITA received a petition from Shibani Inwear alleging that a certain combed and ring-spun yarn, of a 92-percent cotton and 8-percent cashmere blend, comprised of 2/32 Nm resulting in a 16 Nm yarn size, classified in subheading 5205.42.00.20 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 requested that men's knit sweaters made of such yarn be eligible for preferential treatment under the AGOA. CITA has determined that the subject yarn can be supplied by the domestic industry in commercial quantities in a timely manner and, therefore, denies the request.

This Notice extends the implementation date of Real Property Policies, titled ``What standards must facilities subject to the Architectural Barriers Act meet?'', published in the Federal Register at 70 FR 67846, on November 8, 2005. The implementation date of the section, currently May 8, 2006, is hereby extended to August 7, 2006, but only with respect to leasing actions. The May 8, 2006 implementation date remains unchanged with respect to Federal construction or alteration projects. Except as expressly modified by this Notice, all other terms and conditions of the Architectural Barriers Act standards remain in full force and effect.

Notice is hereby given that the U.S. International Trade Commission has determined to review certain portions of a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has also denied respondent's motion for leave to file a reply in support of its petition for review.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 31, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Crocs, Inc. of Niwot, Colorado. On April 27, 2006, the Commission granted complainant's request for a postponement of the Commission's determination whether to institute an investigation in order for complainant to file an amended complaint. The amended complaint was filed on April 27, 2006. The amended complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foam footwear by reason of infringement of (1) claims 1 and 2 of U.S. Patent No. 6,993,858, (2) U.S. Design Patent No. D517,789, (3) and the Crocs Trade Dress. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent general exclusion order and permanent cease and desist orders.

The Securities and Exchange Commission (Commission) is amending its description of the duties of the General Counsel to include preliminary investigations, in which no process is issued or testimony compelled, where it appears that an attorney appearing and practicing before the Commission may have violated Rule 102(e) of the Commission's Rules of Practice. The Office of the General Counsel of the Commission already has the authority to conduct Commission- authorized proceedings and formal investigations under Section 21 of the Securities Exchange Act of 1934 (Exchange Act), including for violations by attorneys of Rule 102(e) of the Commission's Rules of Practice. An amendment of the description of the duties of the General Counsel to include preliminary investigations makes it clear that the General Counsel may gather evidence in Rule 102(e) cases without compulsory process where witnesses are willing to testify or provide information voluntarily. This amendment would enable the General Counsel to identify, through informal means, those matters that do not warrant full-blown investigation and compulsory process.

The General Services Administration (GSA) is providing notice of the establishment of the Federal Acquisition Institute's FAI Online University (GSA/OAP-5) system of records. The purpose of the system is to develop a professional acquisition workforce by providing online training on Federal government acquisition and procurement to interested public and private individuals. The system is used to maintain and track the individuals' training records, provide course information, and administer the system. The system's online training provides a more flexible alternative to traditional classroom training.

In this document, the Commission seeks comment on the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Service (TRS) Fund Administrator, annual payment formula and fund size estimate for the Interstate TRS Fund.

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.