Submission for OMB Review; Comment Request for Revised Information Collection; Questionnaire for Non-Sensitive Positions, Standard Form 85 (SF 85); Questionnaire for Public Trust Positions, Standard Form 85P (SF 85P); Supplemental Questionnaire for Selected Positions, Standard Form 85PS (SF 85PS); Questionnaire for National Security Positions, Standard Form 86 (Sf 86); Continuation Sheet for Questionnaires SF 85, 85P, and 86, Standard Form 86a (Sf 86a); and Certification Statement for SF 86 (SF 86C)
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), this notice announces that the Office of Personnel Management (OPM) submitted to the Office of Management and Budget a request for review and clearance of the revised collection of information, Questionnaires for National Security, Public Trust, and Non-Sensitive Positions (OMB Control No. 3206-0005), which includes the following electronic, on-line collection instruments: Questionnaire for Non-Sensitive Positions, Standard Form 85 (SF 85); Questionnaire for Public Trust Positions, Standard Form 85P (SF 85P); and Questionnaire for National Security Positions, Standard Form 86 (SF 86). This notice also announces that the Office of Personnel Management (OPM) submitted to the Office of Management and Budget a request to discontinue clearance of the Continuation Sheet for Questionnaires SF 85, 85P, and 86, Standard Form 86A (SF 86A), the Certification Statement for SF 86, Standard Form SF 86C (SF 86C); and the Supplemental Questionnaire for Selected Positions, Standard Form 85PS (SF 85PS), which were formerly included in the collection (OMB Control No. 3206-0005). These information collections are completed by respondents for, or incumbents of, Government positions or positions for the Government under contract, or by military personnel. The collections are used as the basis for background investigations to establish that such persons are: Suitable for employment or retention in the position; Suitable for employment or retention in a public trust position; Suitable for employment or retention in a national security position; and Eligible for access to classified national security information. We are discontinuing request for clearance of the SF 86A, SF 86C, and SF 85PS, and propose that these collections be eliminated. The SF 86A is currently used as a continuation of the form with which its use is associated and not for any unique purpose exclusive from the associated form. It is proposed that the SF 86A be eliminated as it is not necessary when e-QIP is used. Additionally, GSA has requested that the Standard Forms be available to customers in electronic format only. They will no longer be stocking the paper forms. The SF 86C is currently used in lieu of completing a new SF 86 to allow the individual to indicate that there have been no changes in the data provided on the most recently filed SF 86 or to allow the individual to easily provide new or changed information. The electronic format of the proposed SF 86 eliminates the need for a separate SF 86C. It is proposed that the SF 85PS be eliminated because the questions formerly on the SF 85PS now reside on the SF 85P. The SF 85, SF 85P, and SF 86 are completed by both employees of the Federal Government and individuals not employed with the Federal Government, to include Federal and military contractors. Federal employees are defined as those individuals who are employed as civilian or military personnel with the Federal Government. Non-Federal employees include members of the general public and all individuals employed as Federal and military contractors or individuals otherwise not directly employed by the Federal Government. It is estimated that 47,700 non-Federal individuals will complete the SF 85 annually. Each form takes approximately 100 minutes to complete. The estimated annual public burden is 79,500 hours. It is estimated that 98,700 non-Federal individuals will complete the SF 85P annually. Each form takes approximately 150 minutes to complete. The estimated annual burden is 246,750 hours. It is estimated that 21,800 non-Federal individuals will complete the SF 86 annually. Each form takes approximately 150 minutes to complete. The estimated annual burden is 54,500 hours. e-QIP (Electronic Questionnaires for Investigations Processing) is a web-based system application that currently houses electronic versions of the SF 85, SF 85P, and SF 86. This internet data collection tool provides faster processing time and immediate data validation to ensure accuracy of the respondent's personal information. The e- Government initiative mandates that agencies utilize e-QIP for all investigations and reinvestigations. A variable in assessing burden hours is the nature of the electronic application. The electronic application includes branching questions and instructions which provide for a tailored collection from the respondent based on varying factors in the respondent's personal history. The burden on the respondent is reduced when the respondent's personal history is not relevant to a particular question, since the question branches, or expands for additional details, only for those persons who have pertinent information to provide regarding that line of questioning. As such, the burden on the respondent will vary depending on whether the information collection relates to the respondent's personal history. Additionally, once entered, a respondent's complete and certified investigative data remains secured in the e-QIP system until the next time the respondent is sponsored by an agency to complete a new investigative form. Upon initiation, the respondent's previously entered data (except `yes/no' questions) will populate a new investigative request and the respondent will be allowed to update their information and certify the data. In this instance, time to complete the form is reduced significantly. The 60-day Federal Register Notice was published June 23, 2008 (Volume 73, Number 121, pages 35421-35422). The following Federal agencies or agency organizations made comments during the public comment period: Social Security Administration, Joint Security and Suitability Reform Team, Department of Housing and Urban Development, Department of Health and Human Services, U.S. Agency for International Development, Department of Homeland Security, Central Intelligence Agency, Department of Transportation, Office of the Director of National Intelligence, Department of State, Department of State Mental Health Services, Federal Bureau of Investigation, Defense Personnel Security Research Center, Department of Energy, and internal commentators from the U.S. Office of Personnel Management (OPM). The vast majority of comments were from OPM internal commentators and focused on administrative issues related to the formatting of the instructions and questions on the former paper collection. Most comments from other agencies focused on changes to the collection of mental health treatment information relative to treatment resulting from service in a military combat environment. Comments which most substantially affected the proposed revisions of the SF 85P and SF 86 were considered in light of the intent of Executive Order 13467 to align using consistent standards to the extent possible policies and procedures relating to suitability, contractor employee fitness, eligibility to hold a sensitive position, access to federally controlled facilities and information systems, and eligibility for access to classified information. As a result of reforms to investigative processes, the SF 85, SF 85P, and SF 86 were expanded to collect from the respondent more accurate and relevant information that is of investigative and adjudicative significance earlier in the investigative process, thus increasing the length of the collections. As a result of public comment, significant and substantial changes were made to the SF 85, SF 85P, and SF 86. Such changes to the SF 85 include revision to questions 9, 10, 17, 18, 21, and the addition of new questions 19, 20, and 22. These question numbers reflect renumbering to accommodate the addition of new areas of questioning. Changes to the SF 85P include revisions to questions 9, 10, 15, 17b, 18, 20c, 22, 23, 24, 25, 26 and the addition of questions 19, 20a, 20b, 21, 27, 28, and 29. Changes to the SF 86 include revisions to questions 19, 20a, 20b, 20c, 21, 22, 23, 24, and 29. Due to the extensive nature of the comments, they have been consolidated in a matrix and are available upon request. For copies of this proposal, contact Mary-Kay Brewer on 703-305- 1002, Fax 703-603-0576, or e-mail at email@example.com. Please be sure to include a mailing address with your request.
Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program
This document describes and seeks comment on the Commission's implementation of the Short-term Analog Flash and Emergency Readiness Act (``Analog Nightlight Act''), S. 3663, 110th Cong., as enacted December 23, 2008. The Analog Nightlight Act requires the Commission to develop and implement a program by January 15, 2009, to ``encourage and permit'' continued analog TV service for a period of thirty days after the February 17, 2009 DTV transition date, where technically feasible, to provide ``public safety information'' and ``DTV transition information.'' For consumers who are not capable of receiving digital television signals by the transition deadline, the Analog Nightlight program proposed herein will ensure that there is no interruption in the provision of critical emergency information and will provide useful information regarding the transition to help consumers establish digital service.
Agreement on Social Security Between the United States and the Czech Republic; Entry Into Force
On January 1, 2009, an agreement coordinating the United States (U.S.) and the Czech Republic social security programs will enter into force. The agreement with the Czech Republic, which was signed on September 7, 2007, is similar to U.S. social security agreements already in force with 22 other countries. This agreement is authorized by section 233 of the Social Security Act. 42 U.S.C. 433. The U.S.-Czech agreement eliminates dual social security coverage a situation that exists when a worker from one country works in the other country and is covered under the social security systems of both countries for the same work. Without such agreements in force, when dual coverage occurs, the worker or the worker's employer or both may be required to pay social security contributions to the two countries simultaneously. Under the U.S.-Czech agreement, a worker who is sent by an employer in one country to work in the other country for 5 years or less remains covered only by the sending country. The agreement includes additional rules that eliminate dual U.S. and Czech coverage in other work situations. The agreement also helps eliminate situations where workers suffer a loss of benefit rights because they have divided their careers between the two countries. Under the agreement, workers may qualify for partial U.S. benefits or partial Czech benefits based on combined (totalized) work credits from both countries. If you want copies of the agreement or want more information about its provisions you may write to the Social Security Administration, Office of International Programs, Post Office Box 17741, Baltimore, MD 21235-7741 or visit the Social Security Web site at http:// www.socialsecurity.gov/international.
Request To Exempt Certain Over-the-Counter Swaps From Certain of the Requirements Imposed by Commission Regulation 35.2, Pursuant to the Authority in Section 4(C) of the Commodity Exchange Act; Reopening of Comment Period
The Commodity Futures Trading Commission (``Commission'') is reopening the period for public comment to provide interested persons additional time to comment on whether to exempt certain over-the- counter (``OTC'') agricultural swaps from certain of the requirements otherwise imposed by Commission Regulation 35.2. The comment period is being reopened due to the non-transmittal of a comment letter from the Federal eRulemaking Portal to the Commission. The purpose of the Commission's action is to afford the commenter whose submission was not received, the opportunity to resubmit the comment. The Chicago Mercantile Exchange Inc. (``CME''), a registered derivatives clearing organization, and the Board of Trade of the City of Chicago, Inc. (``CBOT''), a designated contract market, requested an exemption that would permit the clearing of OTC agricultural swaps. Authority for extending this relief is found in Section 4(c) of the Commodity Exchange Act.\1\
Records Services, Fee Schedule
The Securities and Exchange Commission (``Commission'') is soliciting comments on a proposed amendment to its regulation governing the fees for records services. The Commission's schedule of fees for records services will be updated using a formula for the calculation of fees under the Freedom of Information Act (``FOIA'') and language that directs FOIA requesters to the Commission's Web site. Using a formula, instead of set rates, will allow the Commission to charge fees that reflect its allowable direct costs.
Records Schedules; Availability and Request for Comments
The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).
Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget
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, 44 U.S.C. 3501-3520. 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.
Order Exempting the Trading and Clearing of Certain Products Related to iShares® COMEX Gold Trust Shares and iShares® Silver Trust Shares
On November 12, 2008, the Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') published for public comment in the Federal Register \1\ a proposal to exempt the trading and clearing of certain contracts called ``options'' and other contracts called ``security futures'' on each of iShares[supreg] COMEX Gold Trust Shares (``Gold Products'') and iShares[supreg] Silver Trust Shares (``Silver Products'') (collectively, ``Gold and Silver Products'') from the provisions of the Commodity Exchange Act (``CEA'') \2\ and the regulations thereunder to the extent necessary to permit them to be traded and cleared as described below. The contracts are proposed to be traded on national securities exchanges (as to options) and designated contract markets registered with the Securities and Exchange Commission (``SEC'') as limited purpose national securities exchanges (as to security futures), and in both cases to be cleared through the Options Clearing Corporation (``OCC'') in its capacity as a registered securities clearing agency. Authority for this exemption is found in Section 4(c) of the CEA.\3\
Notice 2008-14; Repeal of Increased Contribution and Coordinated Party Expenditure Limits for Candidates Opposing Self-Financed Candidates
The Federal Election Commission (``Commission'') is removing its rules on increased contribution limits and coordinated party expenditure limits for Senate and House of Representatives candidates facing self-financed opponents. These rules were promulgated to implement sections 304 and 319 of the Bipartisan Campaign Reform Act of 2002, known as the ``Millionaires' Amendment.'' In Davis v. Federal Election Commission, the Supreme Court held that sections 319(a) and (b), regarding House of Representatives elections, were unconstitutional. The Court's analysis also applies to the contribution and spending limits in section 304 regarding Senate elections. The Commission, therefore, is removing its rules that implement the Millionaires' Amendment. However, the Commission is retaining certain other rules that were not affected by the Davis decision. Further information is provided in the supplementary information that follows.
Television Broadcasting Services; Santa Ana, CA
The Commission requests comments on a channel substitution proposed by Trinity Christian Center of Santa Ana, Inc., d/b/a Trinity Broadcasting Network (``Trinity''), the licensee of KTBN-DT, post- transition DTV channel 23, Santa Ana, California. Trinity requests the substitution of DTV channel 33 for post-transition DTV channel 23 at Santa Ana.
Methods for Computing Withdrawal Liability; Reallocation Liability Upon Mass Withdrawal; Pension Protection Act of 2006
This final rule amends PBGC's regulation on Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR part 4211) to implement provisions of the Pension Protection Act of 2006 that provide for changes in the allocation of unfunded vested benefits to withdrawing employers from a multiemployer pension plan, and that require adjustments in determining an employer's withdrawal liability when a multiemployer plan is in critical status. Pursuant to PBGC's authority under section 4211(c)(5) of ERISA to prescribe standard approaches for alternative withdrawal liability methods, the final rule also amends this regulation to provide additional modifications to the statutory methods for determining an employer's allocable share of unfunded vested benefits. In addition, pursuant to PBGC's authority under section 4219(c)(1)(D) of ERISA, this final rule amends PBGC's regulation on Notice, Collection, and Redetermination of Withdrawal Liability (29 CFR part 4219) to improve the process of fully allocating a plan's total unfunded vested benefits among all liable employers in a mass withdrawal. Finally, this final rule amends PBGC's regulation on Terminology (29 CFR part 4001) to reflect the definition of a ``multiemployer plan'' added by the Pension Protection Act of 2006.
Possible Revision or Elimination of Rules
This document invites members of the public to comment on the Federal Communication Commission's (FCC's or Commission's) rules to be reviewed pursuant to section 610 of the Regulatory Flexibility Act of 1980, as amended (RFA). The purpose of the review is to determine whether Commission rules whose ten-year anniversary dates are in the year 2007, as contained in the Appendix, should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s).
Delegation of Authority and Change in Position Title
The Commodity Futures Trading Commission (``Commission'') is amending certain provisions of its part 140 regulations to add the Chief Economist and the Deputy Chief Economist of the Office of the Chief Economist as persons to whom certain authorities are delegated. The Commission is also amending part 140 to reflect a change in position title from ``Regional Coordinators'' to ``Regional Administrators.''
Texas Disaster # TX-00326
This is a notice of an Administrative declaration of a disaster for the State of Texas dated 12/18/2008. Incident: Severe Storms and Tornadoes. Incident Period: 12/08/2008. Effective Date: 12/18/2008. Physical Loan Application Deadline Date: 02/16/2009. Economic Injury (EIDL) Loan Application Deadline Date: 09/18/2009.