30 day notice December 2008

Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices

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alleges that the Department of
Commerce acted inconsistently with
particular provisions of the General
Agreement on Tariffs and Trade 1994,
WTO Agreement on Anti-Dumping
(‘‘Anti-Dumping Agreement’’), and
Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’) when allegedly it (I)
erroneously concluded that certain
State-owned enterprises are ‘‘public
bodies,’’ (ii) failed to determine whether
such enterprises had been ‘‘entrusted or
directed’’ to provide a ‘‘financial
contribution,’’ (iii) erroneously
concluded that a ‘‘benefit’’ had been
conferred, and (iv) failed to demonstrate
‘‘specificity.’’
China also alleges that the United
States acted inconsistently with
particular provisions of the AntiDumping Agreement and SCM
Agreement in connection with the
Department of Commerce’s use of a nonmarket economy (NME) methodology
for the purpose of determining the
existence and amount of alleged
dumping under Article VI of the GATT
1994 and the AD Agreement,
simultaneously with the determination
of subsidization and imposition of
countervailing duties on the same
subject merchandise.
Finally, China alleges actions
inconsistent with the Anti-Dumping
Agreement and the SCM Agreement in
connection with the Department of
Commerce’s conduct of the underlying
anti-dumping and countervailing duty
investigations, including its failure to
inform interested parties of certain
issues and the use of adverse inferences
and facts available.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit public comments
electronically to www.regulations.gov,
docket number USTR–2008–0035. If you
are unable to provide submissions by
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
To submit comments via
www.regulations.gov, enter docket
number USTR–2008–0035 on the home
page and click ‘‘go’’. The site will
provide a search-results page listing all
documents associated with this docket.
Find a reference to this notice by
selecting ‘‘Notice’’ under ‘‘Document
Type’’ on the left side of the searchresults page, and click on the link
entitled ‘‘Send a Comment or
Submission.’’ (For further information

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on using the www.regulations.gov Web
site, please consult the resources
provided on the Web site by clicking on
‘‘How to Use This Site’’ on the left side
of the home page.)
The www.regulations.gov site
provides the option of providing
comments by filling in a ‘‘General
Comments’’ field, or by attaching a
document. It is expected that most
comments will be provided in an
attached document. If a document is
attached, it is sufficient to type ‘‘See
attached’’ in the ‘‘General Comments’’
field.
A person requesting that information
contained in a comment submitted by
that person be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. Confidential business
information must be clearly designated
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’
at the top and bottom of the cover page
and each succeeding page. Any
comment containing business
confidential information must be
submitted by fax to Sandy McKinzy at
(202) 395–3640. A non-confidential
summary of the confidential
information must be submitted to
www.regulations.gov. The nonconfidential summary will be placed in
the docket and open to public
inspection.
Information or advice contained in a
comment submitted, other than business
confidential information, may be
determined by USTR to be confidential
in accordance with section 135(g)(2) of
the Trade Act of 1974 (19 U.S.C.
2155(g)(2)). If the submitter believes that
information or advice may qualify as
such, the submitter—
(1) Must clearly so designate the
information or advice;
(2) Must clearly mark the material as
‘‘SUBMITTED IN CONFIDENCE’’ at the
top and bottom of the cover page and
each succeeding page; and
(3) Must provide a non-confidential
summary of the information or advice.
Any comment containing confidential
information must be submitted by fax. A
non-confidential summary of the
confidential information must be
submitted to www.regulations.gov. The
non-confidential summary will be
placed in the docket and open to public
inspection.
USTR will maintain a docket on this
dispute settlement proceeding,
accessible to the public. The public file
will include non-confidential comments
received by USTR from the public with
respect to the dispute; if a dispute

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settlement panel is convened or in the
event of an appeal from such a panel,
the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions,
received from other participants in the
dispute; the report of the panel; and, if
applicable, the report of the Appellate
Body. Comments will be placed in the
docket and open to public inspection
pursuant to 15 CFR 2006.13, except
confidential business information
exempt from public inspection in
accordance with 15 CFR 2006.15 or
information determined by USTR to be
confidential in accordance with 19
U.S.C. 2155(g)(2). Comments open to
public inspection may be viewed on the
www.regulations.gov Web site by
entering docket number USTR–2008–
0035 in the search field on the home
page.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E8–31170 Filed 12–30–08; 8:45 am]
BILLING CODE 3190–W9–P

OFFICE OF PERSONNEL
MANAGEMENT
[OMB Control No. 3206–0005]

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)
AGENCY: Office of Personnel
Management.
ACTION: Notice.
SUMMARY: 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:

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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices

• 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

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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 webbased 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’

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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

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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
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 protected]. Please be
sure to include a mailing address with
your request.
DATES: Comments on this proposal
should be received within 30 calendar
days from the date of this publication.
ADDRESSES: Send or deliver comments
to: Kathy Dillaman, Associate Director,
Federal Investigative Services Division,
U.S. Office of Personnel Management,
1900 E Street, NW., Room 5416,
Washington, DC 20415,
[email protected]; and
John W. Barkhamer, Desk Officer, Office
of Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, 725 17th
Street, NW., Room 10235, Washington,
DC 20503.
FOR INFORMATION REGARDING
ADMINISTRATIVE COORDINATION CONTACT:

Mary-Kay Brewer, Program Analyst,
Operational Policy Group, Federal
Investigative Services Division, U.S.
Office of Personnel Management, 703–
305–1002.
Michael W. Hager,
Acting Director.
[FR Doc. E8–31144 Filed 12–30–08; 8:45 am]
BILLING CODE 6325–53–P

SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.

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Extension: Rule 3a–8; SEC File No. 270–516;
OMB Control No. 3235–0574.

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq. ), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.

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Rule 3a–8 (17 CFR 270.3a–8) of the
Investment Company Act of 1940 (15
U.S.C. 80a) (the ‘‘Act’’), serves as a
nonexclusive safe harbor from
investment company status for certain
research and development companies
(‘‘R&D companies’’).
The rule requires that the board of
directors of an R&D company seeking to
rely on the safe harbor adopt an
appropriate resolution evidencing that
the company is primarily engaged in a
non-investment business and record
that resolution contemporaneously in its
minute books or comparable
documents.1 An R&D company seeking
to rely on the safe harbor must retain
these records only as long as such
records must be maintained in
accordance with state law.
Rule 3a–8 contains an additional
requirement that is also a collection of
information within the meaning of the
PRA. The board of directors of a
company that relies on the safe harbor
under rule 3a–8 must adopt a written
policy with respect to the company’s
capital preservation investments. We
expect that the board of directors will
base its decision to adopt the resolution
discussed above, in part, on investment
guidelines that the company will follow
to ensure its investment portfolio is in
compliance with the rule’s
requirements.
The collection of information
imposed by rule 3a–8 is voluntary
because the rule is an exemptive safe
harbor, and therefore, R&D companies
may choose whether or not to rely on it.
The purposes of the information
collection requirements in rule 3a–8 are
to ensure that: (i) the board of directors
of an R&D company is involved in
determining whether the company
should be considered an investment
company and subject to regulation
under the Act, and (ii) adequate records
are available for Commission review, if
necessary. Rule 3a–8 would not require
the reporting of any information or the
filing of any documents with the
Commission.
Commission staff estimates that there
is no annual recordkeeping burden
associated with the rule’s requirements.
Nevertheless, the Commission requests
authorization to maintain an inventory
of one burden hour for administrative
purposes.
Commission staff estimates that
approximately 500 R&D companies may
rely on rule 3a–8. Given that the board
resolutions and investment guidelines
will generally need to be adopted only
once (unless relevant circumstances
1 Rule

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3a–8(a)(6) (17 CFR 270.3a–8(6)).

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change),2 the Commission believes that
all the companies that rely on rule 3a–
8 adopted their board resolutions and
established written investment
guidelines in 2003 when the rule was
adopted. We expect that newly formed
R&D companies would adopt the board
resolution and investment guidelines
simultaneously with their formation
documents in the ordinary course of
business.3 Therefore, we estimate that
rule 3a–8 will not create additional time
burdens.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid
control number.
Please direct general comments
regarding the above information to the
following persons: (i) Desk Officer for
the Securities and Exchange
Commission, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503
or send an email to:
[email protected] ; and
(ii) Charles Boucher Director/CIO,
Securities and Exchange Commission,
C/O Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or
send an e-mail to:
[email protected]. Comments must
be submitted to OMB within 30 days of
this notice.
Dated: December 22, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–31085 Filed 12–30–08; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon written request, copies available
from: U.S. Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Rule 12d2–1; OMB Control No.
3235–0081; SEC File No. 270–98.

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
2 In the event of changed circumstances, the
Commission believes that the board resolution and
investment guidelines will be amended and
recorded in the ordinary course of business and
would not create additional time burdens.
3 In order for these companies to raise sufficient
capital to fund their product development stage, we
believe they will need to present potential investors
with investment guidelines. Investors would want
to be assured that the company’s funds are invested
consistent with the goals of capital preservation and
liquidity.

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