Agencies and Commissions September 23, 2008 – Federal Register Recent Federal Regulation Documents
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Suspension of Applicants for Small Disadvantaged Business Program
The Small Business Administration (SBA) is suspending the receipt of applications for the Government-wide small disadvantaged business (SDB) program effective September 22, 2008. SBA will continue to process all applications received before that date to completion, unless an applicant withdraws its application.
Wireless Telecommunications Bureau Grants Extension of Time To File Comments on CTIA's Petition for Declaratory Ruling Regarding Wireless Facilities Siting
In this document, the Federal Communications Commission (Commission) finds that a short period of additional time will permit all interested parties to file more thorough and thoughtful comments on a July 11, 2008 petition for Declaratory Ruling (Petition) filed by CTIAThe Wireless Association (CTIA). In its Petition, CTIA asked the Commission to clarify the provisions of section 332(c)(7)(B)(v) of the Communications Act, as amended, that CTIA contends are ambiguous and that have been unreasonably interpreted. CTIA further requested that the Commission preempt local ordinances and state laws that it believes violate section 253(a) of the Communications Act, as amended. The Commission states that an extension of time for comments and reply comments should lead to a more complete and better-informed record, and thus, it finds that good cause exists to provide all parties an extension of time for filing comments and reply comments on the Petition.
Proposed Agency Information Collection Activities; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC (the ``agencies'') may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has approved the agencies' publication for public comment of a proposal to extend, with revision, the Consolidated Reports of Condition and Income (Call Report), which are currently approved collections of information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the FFIEC and the agencies should modify the proposed revisions prior to giving final approval. The agencies will then submit the revisions to OMB for review and approval.
Sentencing Guidelines for United States Courts
In August 2008, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2009. See 72 FR 46341 (August 8, 2008). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities.
Florida Disaster Number FL-00035
This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA-1785-DR), dated 08/26/ 2008. Incident: Tropical Storm Fay. Incident Period: 08/18/2008 and continuing through 09/12/2008. Effective Date: 09/12/2008. Physical Loan Application Deadline Date: 10/27/2008. EIDL Loan Application Deadline Date: 05/26/2009.
Florida Disaster Number FL-00035.
This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA-1785-DR), dated 08/26/ 2008. Incident: Tropical Storm Fay. Incident Period: 08/18/2008 through 09/12/2008. Effective Date: 09/11/2008. Physical Loan Application Deadline Date: 10/27/2008. EIDL Loan Application Deadline Date: 05/26/2009.
Louisiana Disaster Number LA-00020
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Louisiana (FEMA-1786-DR), dated 09/02/2008. Incident: Hurricane Gustav. Incident Period: 09/01/2008 through 09/11/2008. Effective Date: 09/11/2008. Physical Loan Application Deadline Date: 11/03/2008.
Alabama Disaster #AL-00015
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Alabama (FEMA- 1789-DR), dated 09/10/2008. Incident: Hurricane Gustav. Incident Period: 08/29/2008 and continuing. Effective Date: 09/10/2008. Physical Loan Application Deadline Date: 11/10/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/10/2009.
Alabama Disaster Number AL-00015.
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Alabama (FEMA-1789-DR), dated 09/10/2008. Incident: Hurricane Gustav. Incident Period: 08/29/2008 through 09/03/2008. Effective Date: 09/15/2008. Physical Loan Application Deadline Date: 11/10/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/10/2009.
Vermont Disaster #VT-00010.
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Vermont (FEMA- 1790-DR), dated 09/12/2008. Incident: Severe Storms and Flooding. Incident Period: 07/21/2008 through 08/12/2008. Effective Date: 09/12/2008. Physical Loan Application Deadline Date: 11/12/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/12/2009.
Florida Disaster Number FL-00036
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-1785-DR), dated 08/24/2008. Incident: Tropical Storm Fay. Incident Period: 08/18/2008 through 09/12/2008. Effective Date: 09/11/2008. Physical Loan Application Deadline Date: 10/23/2008.
Florida Disaster Number FL-00036
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-1785-DR), dated 08/24/2008. Incident: Tropical Storm Fay. Incident Period: 08/18/2008 through 09/12/2008. Effective Date: 09/12/2008. Physical Loan Application Deadline Date: 10/23/2008.
David Lochbaum on Behalf of the Project on Government Oversight and the Union of Concerned Scientists
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. David Lochbaum on behalf of the Project on Government Oversight (POGO) and the Union of Concerned Scientists (UCS) on February 23, 2007. The petitioner requested that the NRC amend its regulations governing domestic licensing of production and utilization facilities to require periodic demonstrations by applicable local, State, and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage by adversaries with capabilities that exceed those posed by the design basis threat (DBT).
Adjustment of Civil Penalties for Inflation
The Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes within the jurisdiction of the NRC. These changes were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA from $130,000 to $140,000 per violation per day. Further, the provisions concerning program fraud civil penalties are being amended by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement.
Guidelines for Appeals of Material Supervisory Determinations
On September 16, 2008, the Federal Deposit Insurance Corporation (FDIC) Board of Directors (Board) adopted revised Guidelines for Appeals of Material Supervisory Determinations (Guidelines). The revisions to the Guidelines were adopted to better align the FDIC's Supervisory Appeals Review Committee (SARC) process with the material supervisory determinations appeals procedures at the other Federal banking agencies. The amendments modify the supervisory determinations eligible for appeal to eliminate the ability of an FDIC- supervised institution to file an appeal with the SARC with respect to determinations or the facts and circumstances underlying a recommended or pending formal enforcement-related action or decision, including the initiation of an investigation and the referral to the Attorney General or a notice to the Secretary of Housing and Urban Development for apparent violations of the Equal Credit Opportunity Act or the Fair Housing Act. The amendments also include limited technical amendments. The revised Guidelines are effective upon adoption.
In The Matter of: Certain Video Game Machines and Related Three-Dimensional Pointing Devices; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 20, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hillcrest Laboratories, Inc., of Rockville, Maryland. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain video game machines and related three-dimensional pointing devices that infringe certain claims of U.S. Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611. 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 an exclusion order and a cease and desist order.
Marking Requirements for Parcel Select
The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to reflect changes to the marking requirements of our Shipping Services product, Parcel Select[supreg]. On May 21, 2008, we published in the Federal Register (Volume 73, Number 99) the proposed rule describing Parcel Select marking changes. This final rule revises the effective date to October 9, 2008 (proposed rule date was September 30, 2008) when Parcel Select shippers must use one of the following markings, as appropriate, on each Parcel Select package: For all destination entry packages, use ``Parcel Select''. For BMC presort entry packages, use ``Parcel Select BMC Presort'' or ``Parcel Select BMC PRSRT''. For OBMC presort entry packages (Inter-BMC) packages, use ``Parcel Select OBMC Presort'' or ``Parcel Select OBMC PRSRT''. For barcoded Intra-BMC and barcoded Inter-BMC packages, use ``Parcel Select Barcoded'' or ``Parcel Select BC''.
Military Reservist Economic Injury Disaster Loans
SBA makes economic injury disaster loans to small businesses that have been adversely affected by specific events. If a small business has an essential employee or owner who is a member of a reserve component of the Armed Forces, the Small Business Act authorizes SBA to provide Military Reservist Economic Injury Disaster Loan (MREIDL) assistance in the event that the essential employee or owner is called to active duty during a period of military conflict. Recent legislation authorized changes to make the program more accessible to affected small businesses by extending the application period, increasing the unsecured loan threshold, increasing the maximum loan limit and expediting processing of the application. This Direct Final Rule will implement these legislative changes.
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