Agencies and Commissions July 12, 2006 – Federal Register Recent Federal Regulation Documents

Sections 20(b) and (c) of the Consumer Product Safety Act, 15 U.S.C. 2069(b), (c), require certain factors to be considered in assessing and compromising penalties. A new interpretative rule is proposed that identifies and explains other factors that may be considered by the Commission and staff in evaluating the appropriateness and amount of a civil penalty.\1\

The Farm Credit Administration (FCA or Agency) withdraws its proposed rule to amend regulations governing investments in farmers' notes (Farmers' Notes), and terminates this rulemaking. This notice informs the public that this rulemaking has ended.

The Commission, on its own motion, editorially amends the Table of FM Allotments to specify the actual classes of channels allotted to various communities. The changes in channel classifications have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to permit FM Channel and Class Modifications by Applications, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000).

Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') in investigations under Title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under Title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). There were no completed investigations of rule violations during calendar year 2005. This notice provides a summary of investigations completed during calendar year 2005 of breaches in proceedings under Title VII, section 421 of the Trade Act of 1974, as amended, section 337 of the Tariff Act of 1930, as amended, and one conducted under the procedures for imposing sanctions for violation of the provisions of a protective order issued during NAFTA dispute resolution panel and Extraordinary Challenge Committee proceedings. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.

The Commission is considering whether there may be a need to update and strengthen its regulation of fireworks devices. This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under the Federal Hazardous Substances Act (``FHSA''). The Commission is soliciting written comments concerning the risks of injury associated with fireworks that do not comply with the current fireworks device regulations, the regulatory options discussed in this notice, other possible ways to address these risks, and the economic impacts of the various regulatory alternatives. The Commission also invites interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risk of injury described in this notice.\1\

Licensees of Broadband Radio Service (BRS) Channels 1 and/or 2/2A (Licensees) that filed site and technical data for their stations in December 2005 must file supplemental site and technical data for their stations on or before July 14, 2006. If applicable, these Licensees must also update the data they filed in December 2005 to report any changes since that time. The data will assist in determining future AWS licensees' relocation obligations.

The Audio Division, at the request of Benjamin L. Stratemeyer, allots Channel 288A at Altamont, Illinois, as the community's first local service. Channel 288A can be allotted to Altamont, Illinois, in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.2 kilometers (3.9 miles) southwest of Altamont. The coordinates for Channel 288A at Altamont, Illinois, are 39-01-44 North Latitude and 88-48-22 West Longitude.

This document denies a Petition for Reconsideration filed by Living Proof, Inc. directed at a staff letter action in this proceeding, which dismissed the Petition for Rulemaking requesting the reservation of vacant FM Channel 239A at Lake Isabella, California for noncommercial educational use. With this action, the proceeding is terminated.

On July 5, 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/ 8 percent cashmere blend, comprised of 2/32 Nm resulting in a 16 Nm yarn count, 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 requests that men's knit sweaters made of such yarn be eligible for preferential treatment under the AGOA. This is the second submission of a petition regarding the subject yarn, previously denied by CITA. See Denial of a Commercial Availability Request under the African Growth and Opportunity Act (AGOA) (71 FR 27467, published on May 11, 2006). CITA hereby solicits public comments on this request, in particular with regard to whether such yarn can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by July 27, 2006 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution Avenue, NW. Washington, DC 20230.