Agencies and Commissions May 24, 2012 – Federal Register Recent Federal Regulation Documents

The Federal Communications Commission (Commission) published in the Federal Register of May 8, 2012, a document announcing the Office of Management and Budget (OMB) approval of information collections associated with the Commission's; Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support, Report and Order, (Order), released on November 18, 2011. That notice was consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules once it receives OMB approval. This document corrects information in the SUPPLEMENTARY INFORMATION section of that document.

In this document, the Federal Communications Commission (Commission or FCC) proposes additional rules to help consumers prevent and detect the placement of unauthorized charges on their telephone bills, an unlawful and fraudulent practice commonly referred to as ``cramming.'' Several commenters in this proceeding support additional measures to prevent cramming, including requiring wireline carriers to obtain a consumer's affirmative consent before placing third-party charges on telephone bills (i.e. ``opt-in''). There also is support for adopting anti-cramming rules for Commercial Mobile Radio Service (CMRS) and Voice over Internet Protocol (VoIP) service. The Commission seeks further comment on whether it should take additional steps to prevent wireline cramming, including ``opt-in'', possible solutions to CMRS cramming, and any developments of VoIP cramming.

The Enforcement Bureau (the ``Bureau'') gives notice of Mr. Jonathan M. Slaughter's suspension from the schools and libraries universal service support mechanism (or ``E-Rate Program''). Additionally, the Bureau gives notice that debarment proceedings are commencing against him. Mr. Slaughter, or any person who has an existing contract with or intends to contract with him to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support, may respond by filing an opposition request, supported by documentation.

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve a previously approved information collection requirement regarding the collection of personal data for background investigations for child care workers accessing GSA owned and leased controlled facilities. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding preparation, submission, and negotiation of subcontracting plans. A notice was published in the Federal Register 77 FR 9658, on February 17, 2012. No comments were received. This information collection will ensure that small and small disadvantaged business concerns are afforded the maximum practicable opportunity to participate as subcontractors in construction, repair, and alteration or lease contracts. Preparation, submission, and negotiation of subcontracting plans requires for all negotiated solicitations having an anticipated award value over $650,000 ($1,500,000 for construction), submission of a subcontracting plan with other than small business concerns when a negotiated acquisition meets all four of the following conditions. 1. When the contracting officer anticipates receiving individual subcontracting plans (not commercial plans). 2. When the award is based on trade-offs among cost or price and technical and/or management factors under FAR 15.101-1. 3. The acquisition is not a commercial item acquisition. 4. The acquisition offers more than minimal subcontracting opportunities. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

Because the terms of certain voting members of the Practitioners Advisory Group are expiring as of October 2012, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to succeed such a voting member to apply. The voting memberships covered by this notice are four circuit memberships (for the First Circuit, Fifth Circuit, Tenth Circuit, and Eleventh Circuit) and one at-large membership. Applications should be received by the Commission not later than July 23, 2012. Applications may be sent to the address listed below.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 18, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Anu IP LLC of Longview, Texas. 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 electronic devices having a retractable USB connector by reason of infringement of certain claims of U.S. Patent No. 6,979,210 (``the `210 patent'') and U.S. Patent No. 7,090,515 (``the `515 patent). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 cease and desist orders.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a proposed rule that would establish the requirements pertaining to the third party conformity assessment bodies (or ``laboratories'') that are authorized to test children's products in support of the certification required by the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA). The proposed rule would establish the general requirements concerning third party conformity assessment bodies, such as the requirements and procedures for CPSC acceptance of the accreditation of a third party conformity assessment body, and it would address adverse actions against CPSC-accepted third party conformity assessment bodies. The proposed rule also would amend the audit requirements for third party conformity assessment bodies and would amend the Commission's regulation on inspections.