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61490 Federal Register / Vol. 70, No.

204 / Monday, October 24, 2005 / Notices

in which the copyrighted work is ‘‘2. Chapter Three Adjustments.— DEPARTMENT OF TRANSPORTATION
transferred through file sharing. The (A) Inapplicability of Chapter Three, Part
proposed amendment builds on the C.—For offenses covered under this section, Office of the Secretary
current definition of ‘‘uploading’’ to Chapter Three, Part C (Obstruction) does not
include making an infringing item apply, unless the defendant obstructed the Applications of Platinum Airlines, Inc.
available on the Internet by storing an investigation, prosecution, or sentencing of for Certificate Authority
the obstruction of justice count.
infringing item in an openly shared file. AGENCY: Department of Transportation.
(B) Interaction with Terrorism
The proposed amendment also clarifies ACTION: Notice of Order to Show Cause
Adjustment.—If § 3A1.4 (Terrorism) applies,
that uploading does not include merely do not apply subsection (b)(1)(B).’’. (Order 2005–10–13); Dockets OST–
downloading or installing infringing Appendix A (Statutory Index) is amended 2005–21286 and OST–2005–21287.
items on a hard drive of the defendant’s in the line referenced to ‘‘18 U.S.C. 1001’’ by
computer unless the infringing item is inserting ‘‘, 2J1.2 when the statutory SUMMARY: The Department of
in an openly shared file. By clarifying maximum term of imprisonment relating to Transportation is directing all interested
the definition of uploading in this international terrorism or domestic terrorism persons to show cause why it should
manner, Application Note 3, which is a is applicable’’ after 2B1.1’’. not issue orders finding Platinum
restatement of the uploading definition, Reason for Amendment: This amendment Airlines, Inc. fit, willing, and able, and
is no longer necessary and the proposed implements section 6703 of the Intelligence awarding it certificates of public
amendment deletes the application note Reform and Prevention Act of 2004 (the convenience and necessity to engage in
from the guideline. ‘‘Act’’), Pub. L. 108–458. Section 6703(a) interstate and foreign charter air
provides an enhanced penalty of not more transportation of persons, property and
Indeterminate Number than 8 years of imprisonment for offenses mail.
The proposed amendment addresses under sections 1001(a) and 1505 of title 18, DATES: Persons wishing to file
the final directive by amending United States Code, ‘‘if the offense involves objections should do so no later than
Application Note 2, which sets forth the international or domestic terrorism (as
October 31, 2005.
rules for determining the infringement defined in section 2331).’’ Section 6703(b)
requires the Sentencing Commission to ADDRESSES: Objections and answers to
amount. The proposed note provides objections should be filed in Dockets
that the court may make a reasonable amend the sentencing guidelines to provide
for ‘‘an increased offense level for an offense OST–2005–21286 and OST–2005–21287
estimate of the infringement amount and addressed to U.S. Department of
under sections 1001(a) and 1505 of title 18,
using any relevant information United States Code, if the offense involves Transportation, Docket Operations, (M–
including financial records in cases in international or domestic terrorism, as 30, Room PL–401), 400 Seventh Street,
which the court cannot determine the defined in section 2331 of such title.’’ The SW., Washington, DC 20590, and should
number of infringing items. Commission is directed under section 3 of be served upon the parties listed in
New Offense the United States Parole Commission Attachment A to the order.
Extension and Sentencing Commission FOR FURTHER INFORMATION CONTACT:
Finally, the proposed amendment Authority Act of 2005, Pub. L. 109–76, to
provides a reference in Appendix A Vanessa R. Balgobin, Air Carrier Fitness
promulgate this amendment as an emergency Division (X–56, Room 6401), U.S.
(Statutory Index) for the new offense at amendment.
18 U.S.C. 2319B. This offense is Department of Transportation, 400
First, the amendment references
proposed to be referenced to § 2B5.3. Seventh Street, SW., Washington, DC
convictions under 18 U.S.C. 1001 to 2J1.2
2. Amendment: Section 2J1.2(b) is (Obstruction of Justice) ‘‘when the statutory
20590, (202) 366–9721.
amended by striking subdivision (1) and maximum term of imprisonment relating to Dated: October 17, 2005.
inserting the following: international or domestic terrorism is Susan McDermott,
applicable.’’ It also adds a new specific Deputy Assistant Secretary for Aviation and
‘‘(1) (Apply the greater):
(A) If the offense involved causing or offense characteristic at § 2J1.2(b)(1)(B) International Affairs.
threatening to cause physical injury to a providing for a 12 level increase for a [FR Doc. 05–21199 Filed 10–21–05; 8:45 am]
person, or property damage, in order to defendant convicted under 18 U.S.C. 1001
BILLING CODE 4910–62–P
obstruct the administration of justice, and 1505 ‘‘when the statutory maximum term
increase by 8 levels. of imprisonment relating to international or
(B) If (i) defendant was convicted under 18 domestic terrorism is applicable.’’ This 12
DEPARTMENT OF TRANSPORTATION
U.S.C. 1001 or 1505; and (ii) the statutory level increase is applied in lieu of the current
maximum term of imprisonment relating to 8 level increase for injury or threats to
international terrorism or domestic terrorism
Office of the Secretary
persons or property. The increase of 12 levels
is applicable, increase by 12 levels.’’. is intended to provide parity with the
The Commentary to § 2J1.2 captioned
Application of U.S. Helicopter
treatment of federal crimes of terrorism Corporation for Certificate Authority
‘‘Statutory Provisions’’ is amended by within the limits of the 8 year statutory
striking ‘‘18 U.S.C. 1503’’ and inserting the maximum penalty. It is also provided to AGENCY: Department of Transportation.
following:
ensure a 5 year sentence of imprisonment for ACTION: Notice of Order to Show Cause
‘‘18 U.S.C. 1001 when the statutory
offenses that involve international or (Order 2005–10–12) Docket OST–2005–
maximum term of imprisonment relating to
international terrorism or domestic terrorism domestic terrorism. 20405.
is applicable, 1503’’. Second, the amendment adds to
The Commentary to § 2J1.2 captioned Application Note 1 definitions for ‘‘domestic SUMMARY: The Department of
‘‘Application Notes’’ is amended in Note 1 by terrorism’’ and ‘‘international terrorism,’’ Transportation is directing all interested
inserting after ‘‘Definitions.—For purposes of using the meanings given the terms at 18 persons to show cause why it should
this guideline:’’ the following: U.S.C. 2331(5) and (1), respectively. not issue an order finding U.S.
‘‘ ‘Domestic terrorism’ has the meaning Third, the amendment adds to Application Helicopter Corporation fit, willing, and
given that term in 18 U.S.C. 2331(5). Note 2 an instruction that if § 3A1.4 able, and awarding it a certificate of
‘International terrorism’ has the meaning (Terrorism) applies, do not apply
given that term in 18 U.S.C. 2331(1).’’. public convenience and necessity to
§ 2J1.2(b)(1)(B).
The Commentary to § 2J1.2 captioned engage in interstate scheduled air
‘‘Application Notes’’ is amended by striking [FR Doc. 05–21211 Filed 10–21–05; 8:45 am] transportation of persons, property, and
Note 2 and inserting the following: BILLING CODE 2210–40–P mail.

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