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

The U.S. General Service Administration (GSA) hereby gives notice of a Record of Decision that has been issued as a part of the Peace Arch Port of Redevelopment Project NEPA (National Environmental Policy Act) statement that was conducted over 2004 - 2006. An Environmental Impact Statement was conducted with significant input from the public with many public meetings. A ROD is the last step for this project under the NEPA process.

The National Science Board is announcing a public Federal Advisory Committee meeting of the Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics (the Commission).

The Federal Communications Commission published in the Federal Register of May 4, 2006, a document that included new or modified information collections. This document corrects the ordering clause in paragraph 52.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on June 19, 2006, granting the joint motion to terminate the above- captioned investigation based on a settlement agreement.

The Commodity Futures Trading Commission has determined to renew the charter of its Global Markets Advisory Committee. As required by sections 9(a)(2) and 14(a)(2)(A) of the Federal Advisory Committee Act, 5 U.S.C. app 2, sections 9(a)(2) and 14(a)(2)(A), and 41 CFR 101- 6.1007 and 101-6.1029, the Commission has consulted with the Committee Management Secretariat of the General Services Administration. The Commission certifies that the renewal of this advisory committee is necessary and is in the public interest in connection with the performance of duties imposed on the Commission by the Commodity Exchange Act, 7 U.S.C. 1, et seq., as amended. This notice is published pursuant to section 9(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. app 2, section 9(a)(2), 41 CFR 101-6.1015.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Family Dollar, a corporation, containing a civil penalty of $100,000.

The Commission charges fees to designated contract markets and registered futures associations to recover the costs incurred by the Commission in the operation of its program of oversight of self- regulatory organization (SRO) rule enforcement programs (17 CFR part 1 Appendix B) (NFA and the contract markets are referred to as SROs). The calculation of the fee amounts to be charged for FY 2006 is based upon an average of actual program costs incurred during FY 2003, 2004, and 2005, as explained below. The FY 2006 fee schedule is set forth in the SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.

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\