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Federal Register / Vol. 70, No.

83 / Monday, May 2, 2005 / Notices 22705

—Enhance the quality, utility, and requesting entry into the VAF is concerning the proposed collection of
clarity of the information to be estimated to be 12,500 individuals. It information are encouraged. Your
collected; and takes an average of five minutes to read comments should address one or more
—Minimize the burden of the collection and complete all areas of the of the following four points:
of information on those who are to application, an estimated two hours for —Evaluate whether the proposed
respond, including through the use of the process of fingerprinting including collection of information is necessary
appropriate automated, electronic, travel, and 25 minutes to mail the form for the proper performance of the
mechanical, or other technological for a total of two and a half hours functions of the agency, including
collection techniques or other forms estimated burden to the respondent. whether the information will have
of information technology, e.g., (6) An estimate of the total public practical utility;
permitting electronic submission of burden (in hours) associated with the —Evaluate the accuracy of the agencies
responses. collection: The time it takes each estimate of the burden of the
Overview of this Information Collection individual to complete the process is 2.5 proposed collection of information,
hours. The total public burden hours is including the validity of the
(1) Type of Information Collection: 31,250 total burden hours. methodology and assumptions used;
New data collection. If additional information is required
(2) Title of the Form/Collection: —Enhance the quality, utility, and
contact: Brenda E. Dyer, Department clarity of the information to be
Voluntary Appeal File (VAF) Brochure. Clearance Officer, United States
(3) Agency form number, if any, and collected; and
Department of Justice, Justice —Minimize the burden of the collection
the applicable component of the Management Division, Policy and
Department sponsoring the collection: of information on those who are to
Planning Staff, Patrick Henry Building, respond, including through the use of
Form Number: None. Sponsor: Criminal Suite 1600, 601 D Street, NW.,
Justice Information Services (CJIS) appropriate automated, electronic,
Washington, DC 20530. mechanical, or other technological
Division of Federal Bureau of
Investigation (FBI), Department of Brenda E. Dyer, collection techniques or other forms
Justice (DOJ). Department Clearance Officer, Department of of information technology, e.g.,
(4) Affected public who will be asked Justice. permitting electronic submission of
or required to respond, as well as a brief [FR Doc. 05–8646 Filed 4–29–05; 8:45 am] responses.
abstract: Primary: Any individual BILLING CODE 4410–02–P Overview of this information
requesting entry into the Federal Bureau collection:
of Investigation (FBI) National Instant (1) Type of Information Collection:
Criminal Background Check System DEPARTMENT OF JUSTICE Extension of a currently approved
(NICS) Voluntary Appeal File (VAF) collection.
Brochure. Under the FBI NICS final Office of Justice Programs (2) Title of the Form/Collection:
rule, 28 CFR Part 25.9(b)(1), (2), (3), the Annual Parole Survey, Annual
FBI NICS Section must destroy all Agency Information Collection Probation Survey, and Annual Probation
identifying information on allowed Activities: Proposed Collection; Survey (Short Form).
transactions before the start of the next Comments Requested (3) Agency form number, if any, and
FBI NICS operational day. If a potential the applicable component of the
ACTION: 60-Day notice of information
purchaser is delayed or denied a Department of Justice sponsoring the
collection under review: Annual Parole
firearm, then successfully appeals the collection: Form Numbers: CJ–7, CJ–8,
Survey, Annual Probation Survey, and
decision, the FBI NICS Section would and CJ–8A. Corrections Statistics,
Annual Probation Survey (Short Form).
not be able to retain the record of the Bureau of Justice Statistics, Office of
appeal. The purchaser would be denied The Department of Justice (DOJ), Justice Programs.
continually if the record can not be Office of Justice Programs (OJP), has (4) Affected public who will be asked
updated, and would be required to submitted the following information or required to respond, as well as a brief
appeal the decision and resubmit collection request to the Office of abstract: Primary: State, local or tribal
documentation/information to overturn Management and Budget (OMB) for governments: State Departments of
the appeal on subsequent purchases. review and approval in accordance with Corrections or State probation and
The proposed change in the regulation the Paperwork Reduction Act of 1995. Parole authority. City and county courts
would permit lawful purchasers to The proposed information collection is and probation offices for which a central
request that the FBI NICS Section published to obtain comments from the reporting authority does not exist.
maintain documentation/information on public and affected agencies. Comments Other: Federal Government: The Federal
them in a VAF. The VAF will be are encouraged and will be accepted for Bureau of Prisons.
maintained by the FBI NICS for the ‘‘sixty days’’ until July 1, 2005. This Brief Abstract: For the CJ–7 form, 54
purpose of preventing the future lengthy process is conducted in accordance with central reporters (two State jurisdictions
delays or denials of a firearm transfer. 5 CFR 1320.10. in California and one each from the
The application contained on the VAF If you have comments, especially on remaining States, the District of
brochure will be the means for an the estimated public burden or Columbia, the Federal Bureau of
individual to request entry into the associated response time, suggestions, Prisons, and one local authority)
VAF. This form will be made available or need a copy of the proposed responsible for keeping records on
to the public through Federal Firearm information collection instrument with parolees will be asked to provide
Licensees (FFLs), state points of contact instructions or additional information, information for the following categories:
for firearm checks, and on the FBI NICS please contact: Lawrence Greenfeld, (a) As of January 1, 2005 and
Web site at the internet. Director, Bureau of Justice Statistics, December 31, 2005, the number of adult
(5) An estimate of the total number of 810 Seventh Street NW., Washington, parolees under their jurisdiction;
respondents and the amount of time DC 20531. (b) The number of adults entering
estimated for an average respondent to Written comments and suggestions parole during 2005 through
respond/reply: The number of persons from the public and affected agencies discretionary release from prison,

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22706 Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices

mandatory release from prison, or (c) The number of adults discharged probationers in each of the programs as
reinstatement of parole; from probation during 2005 through of December 31, 2005; and
(c) The number of adults released successful completion, incarceration, (n) Whether the probation authority
from parole during 2005 through absconder status, a detainer or warrant, contracted out to a private agency for
successful completion, incarceration, transfer to another parole jurisdiction, supervision, and the number of
absconder status, transfer to another and death; probationers supervised by a private
parole jurisdiction, or death; (d) Whether adult probationers agency that were included in the total
(d) Whether adult parolees supervised supervised out of State have been
population on December 31, 2005.
out of State have been included in the included in the total number of
total number of parolees on December probationers on December 31, 2005, and For the CJ–8A form, 117 reporters
31, 2005, and the number of adult the number of adult probationers (from local authorities) responsible for
parolees supervised out of State; supervised out of State; keeping records on probationers will be
(e) As of December 31, 2005, the (e) As of December 31, 2005, the asked to provide information for the
number of male and female parolees number of male and female probationers following categories:
under their jurisdiction; under their jurisdiction; (a) As of January 1, 2005 and
(f) As of December 31, 2005, the (f) As of December 31, 2002, the December 31, 2005, the number of adult
number of white (not of Hispanic number of white (not of Hispanic probationers under their jurisdiction;
origin), black or African American (not origin), black or African American (not
of Hispanic origin), Hispanic or Latino, (b) The number of adults entering
of Hispanic origin), Hispanic or Latino, probation and discharged from
American Indian or Alaska Native, American Indian or Alaska Native,
Asian, Native Hawaiian or Pacific probation during 2005;
Asian, Native Hawaiian or Pacific
Islander, two or more races, or Islander, two or more races, or (c) As of December 31, 2005, the
additional categories in their additional categories in their number of male and female probationers
information systems; information system; under their jurisdiction;
(g) As of December 31, 2005, the (g) As of December 31, 2005, the (d) As of December 31, 2005, the
number of adult parolees under their number of adult probationers under number of adult probationers under
jurisdiction with a sentence of more their jurisdiction who were sentenced their jurisdiction who were sentenced
than one year, or a year or less; for a felony, misdemeanor, or other for a felony, misdemeanor, or other
(h) As of December 31, 2005, the offense type; offense type.
(h) As of December 31, 2005, the
number of adult parolees who had as (e) Whether the probation authority
number of adult probationers who had
their most serious offense a violent, supervised any ‘‘paper-only’’
as their most serious offense a sexual
property, drug, or other offense; probationers who have never been
assault, domestic violence offense, other
(i) As of December 31, 2005, the under active supervision, and the
assault, burglary, larceny or theft, fraud,
number of adult parolees under their number of those ‘‘paper-only’’ adult
drug law violation, driving while
jurisdiction who were active, inactive, probationers on December 31, 2005; and
intoxicated or under the influence of
absconders, or supervised out of state;
alcohol or drugs, or other traffic offense. (f) Whether the probation authority
(j) As of December 31, 2005, the (i) Whether the probation authority
number of adult parolees under their supervised any probationers held in a
supervised any probationers held in community-based correctional facility,
jurisdiction who were supervised local jails, prisons, community-based
following a discretionary release, a and the number of adult probationers
correctional facilities, or an ICE holding held in each on December 31, 2005.
mandatory release, a special conditional facility, and the number of adult
release, or other type of release from probationers held in each on December The Bureau of Justice Statistics uses
prison; 31, 2005; this information in published reports
(k) Whether the parole authority (j) As of December 31, 2005, the and for the U.S. Congress, Executive
operated an intensive supervision number of adult probationers under Office of the President, practitioners,
program, a program involving electronic their jurisdiction who had entered researchers, students, the media, and
monitoring, or had any parolees probation with a direct sentence to others interested in criminal justice
enrolled in a program that approximates probation, a split sentence to probation, statistics.
a bootcamp, and the number of adult a suspended sentence to incarceration, (5) An estimate of the total number of
parolees in each of the programs as of or a suspended imposition of sentence; respondents and the amount of time
December 31, 2005; and (k) As of December 31, 2005, the estimated for an average respondent to
(l) Of the adult parolees who died number of adult probationers under respond: It is estimated that there will
between January 1 and December 31, their jurisdiction who were active, in a be 523 respondents, each taking 1.17
2005, the number of deaths, by gender residential or other treatment program, hours to respond.
and by race. inactive, absconders, those on warrant
For the CJ–8 form, 352 reporters (one (6) An estimate of the total public
status, or supervised out of state;
from each State, the District of (l) Whether the probation authority burden (in hours) associated with the
Columbia, and the Federal Bureau of supervised any ‘‘paper-only’’ collection: There are approximately 668
Prisons; and 300 from local authorities) probationers who have never been annual burden hours associated with
responsible for keeping records on under active supervision, and the this collection.
probations will be asked to provide number of those ‘‘paper-only’’ adult If additional information is required
information for the following categories: probationers on December 31, 2005; contact: Brenda E. Dyer, Department
(a) As of January 1, 2005 and (m) Whether the probation authority Clearance Officer, United States
December 31, 2005, the number of adult operated an intensive supervision Department of Justice, Justice
probationers under their jurisdiction; program, a program involving electronic Management Division, Policy and
(b) The number of adults entering monitoring, or had any probationers Planning Staff, Patrick Henry Building,
probation during 2005 with and without enrolled in a program that approximates Suite 1600, 601 D Street NW.,
a sentence to incarceration; a bootcamp, and the number of adult Washington, DC 20530.

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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices 22707

Dated: April 26, 2005. period nor did it shift production to a supplier, the following group eligibility
Brenda E. Dyer, foreign country. requirements under Section 222(b) must
Department Clearance Officer, Department of In the request for reconsideration, the be met:
Justice. petitioner inquires about the reasoning (1) A significant number or proportion
[FR Doc. 05–8645 Filed 4–29–05; 8:45 am] behind workers of the subject firms of the workers in the workers’ firm or
BILLING CODE 4410–18–P
being tied to the production of bandsaw an appropriate subdivision of the firm
blades and refers to the furniture have become totally or partially
industry as a more appropriate activity separated, or are threatened to become
for the workers of the subject firm. totally or partially separated;
DEPARTMENT OF LABOR The original investigation did reveal (2) The workers’ firm (or subdivision)
that both locations, Automotive Lathe is a supplier or downstream producer to
Employment and Training
Cutterhead in High Point, North a firm (or subdivision) that employed a
Administration
Carolina and Industrial Supply group of workers who received a
[TA–W–56,318 and TA–W–56,318A] Company in Hickory, North Carolina act certification of eligibility to apply for
as resale distributors and workers of trade adjustment assistance benefits and
Automatic Lathe Cutterhead, High these facilities are strictly engaged in such supply or production is related to
Point, NC; Industrial Supply Co., Inc., warehousing for suppliers that the article that was the basis for such
Subsidiary of Automatic Lathe manufacture furniture. However, certification; and
Cutterhead, Hickory, NC; Notice of warehousing is not considered (3) Either—
Negative Determination Regarding production of an article within the (A) The workers’ firm is a supplier
Application for Reconsideration meaning of Section 222 of the Trade and the component parts it supplied for
Act. Therefore, the subject group of the firm (or subdivision) described in
By application of March 11, 2005 a workers can not be eligible for TAA on paragraph (2) accounted for at least 20
petitioner requested administrative its own, based on the fact, that workers percent of the production or sales of the
reconsideration of the Department’s do not produce an article. However, it workers’ firm; or
negative determination regarding was also determined that cutting and (B) A loss of business by the workers’
eligibility for workers and former welding of bandsaw blades takes place firm with the firm (or subdivision)
workers of the subject firm to apply for at the Automatic Lathe Cutterhead described in paragraph (2) contributed
Trade Adjustment Assistance (TAA) and Company, High Point, North Carolina importantly to the workers’ separation
Alternative Trade Adjustment facility. Because it is the only or threat of separation.
Assistance (ATAA). The denial notice production activity occurring at the In this case, however, the subject
was signed on February 18, 2005 and subject firm, the investigation was firms do not act as upstream suppliers,
published in the Federal Register on conducted on bandsaw blades as a because bandsaw blades do not form a
March 9, 2005 (70 FR 11703). relevant product manufactured by the component part of the furniture. Thus
Pursuant to 29 CFR 90.18(c) workers of the subject firm. the subject firm workers are not eligible
reconsideration may be granted under The petitioner alleges that the subject under secondary impact.
the following circumstances: firm lost its business due to the
(1) If it appears on the basis of facts conditions in the furniture industry and Conclusion
not previously considered that the its major customers importing furniture After review of the application and
determination complained of was and shifting their production abroad. investigative findings, I conclude that
erroneous; In order to establish import impact, there has been no error or
(2) If it appears that the determination the Department must consider imports misinterpretation of the law or of the
complained of was based on a mistake that are like or directly competitive with facts which would justify
in the determination of facts not those produced at the subject firm. The reconsideration of the Department of
previously considered; or Department conducted a survey of the Labor’s prior decision. Accordingly, the
(3) If in the opinion of the Certifying subject firm’s major declining customers application is denied.
Officer, a mis-interpretation of facts or regarding their purchases of bandsaw Signed at Washington, DC this 19th day of
of the law justified reconsideration of blades. The survey revealed that the April, 2005.
the decision. declining customers did not import Elliott S. Kushner,
The TAA petition, filed on behalf of bandsaw blades during the relevant Certifying Officer, Division of Trade
workers at Automatic Lathe Cutterhead, period. Adjustment Assistance.
High Point, North Carolina (TA–W– The reconsideration revealed that the [FR Doc. E5–2077 Filed 4–29–05; 8:45 am]
56,318) engaged in cutting bandsaw original petitions for Automatic Lathe
BILLING CODE 4510–30–P
blades and Industrial Supply CO., Inc., Cutterhead, High Point, North Carolina
Subsidiary of Automatic Lathe and Industrial Supply Co., Inc., Hickory,
Cutterhead, Hickory, North Carolina North Carolina were filed as secondary DEPARTMENT OF LABOR
(TA–W–56,318A) engaged in direct affected firms. Because this fact was not
support of the production at Automatic addressed during the original Employment and Training
Lathe Cutterhead was denied because investigation, an investigation was Administration
the ‘‘contributed importantly’’ group conducted to determine whether
eligibility requirement of Section 222 of workers of the subject firms are eligible [TA–W–56,372]
the Trade Act of 1974 was not met. The for trade adjustment assistance (TAA) Dystar LP, Charlotte, North Carolina;
‘‘contributed importantly’’ test is based on the secondary upstream Dismissal of Application for
generally demonstrated through a supplier impact. Reconsideration
survey of the workers’ firm’s customers. In order to make an affirmative
The survey revealed no increase in determination and issue a certification Pursuant to 29 CFR 90.18(C) an
imports of bandsaw blades during the of eligibility to apply for adjustment application for administrative
relevant period. The subject firm did not assistance on the basis of the workers’ reconsideration was filed with the
import bandsaw blades in the relevant firm being a secondary upstream Director of the Division of Trade

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