61490 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 

in which the copyrighted work is 

transferred through file sharing. The 

proposed amendment builds on the 

current definition of ‘‘uploading’’ to 

include making an infringing item 

available on the Internet by storing an 

infringing item in an openly shared file. 

The proposed amendment also clarifies 

that uploading does not include merely 

downloading or installing infringing 

items on a hard drive of the defendant’s 

computer unless the infringing item is 

in an openly shared file. By clarifying 

the definition of uploading in this 

manner, Application Note 3, which is a 

restatement of the uploading definition, 

is no longer necessary and the proposed 

amendment deletes the application note 

from the guideline. 

Indeterminate Number 

The proposed amendment addresses 

the final directive by amending 

Application Note 2, which sets forth the 

rules for determining the infringement 

amount. The proposed note provides 

that the court may make a reasonable 

estimate of the infringement amount 

using any relevant information 

including financial records in cases in 

which the court cannot determine the 

number of infringing items. 

New Offense 

Finally, the proposed amendment 

provides a reference in Appendix A 

(Statutory Index) for the new offense at 

18 U.S.C. 2319B. This offense is 

proposed to be referenced to § 2B5.3. 

2. Amendment: Section 2J1.2(b) is 

amended by striking subdivision (1) and 

inserting the following: 

‘‘(1) (Apply the greater): 

(A) If the offense involved causing or 

threatening to cause physical injury to a 

person, or property damage, in order to 

obstruct the administration of justice, 

increase by 8 levels. 

(B) If (i) defendant was convicted under 18 

U.S.C. 1001 or 1505; and (ii) the statutory 

maximum term of imprisonment relating to 

international terrorism or domestic terrorism 

is applicable, increase by 12 levels.’’. 

The Commentary to § 2J1.2 captioned 

‘‘Statutory Provisions’’ is amended by 

striking ‘‘18 U.S.C. 1503’’ and inserting the 

following: 

‘‘18 U.S.C. 1001 when the statutory 

maximum term of imprisonment relating to 

international terrorism or domestic terrorism 

is applicable, 1503’’. 

The Commentary to § 2J1.2 captioned 

‘‘Application Notes’’ is amended in Note 1 by 

inserting after ‘‘Definitions.—For purposes of 

this guideline:’’ the following: 

‘‘ ‘Domestic terrorism’ has the meaning 

given that term in 18 U.S.C. 2331(5). 

‘International terrorism’ has the meaning 

given that term in 18 U.S.C. 2331(1).’’. 

The Commentary to § 2J1.2 captioned 

‘‘Application Notes’’ is amended by striking 

Note 2 and inserting the following: 

‘‘2. Chapter Three Adjustments.—

(A) Inapplicability of Chapter Three, Part 

C.—For offenses covered under this section, 

Chapter Three, Part C (Obstruction) does not 

apply, unless the defendant obstructed the 

investigation, prosecution, or sentencing of 

the obstruction of justice count. 

(B) Interaction with Terrorism 

Adjustment.—If § 3A1.4 (Terrorism) applies, 

do not apply subsection (b)(1)(B).’’. 

Appendix A (Statutory Index) is amended 

in the line referenced to ‘‘18 U.S.C. 1001’’ by 

inserting ‘‘, 2J1.2 when the statutory 

maximum term of imprisonment relating to 

international terrorism or domestic terrorism 

is applicable’’ after 2B1.1’’. 

Reason for Amendment: This amendment 

implements section 6703 of the Intelligence 

Reform and Prevention Act of 2004 (the 

‘‘Act’’), Pub. L. 108–458. Section 6703(a) 

provides an enhanced penalty of not more 

than 8 years of imprisonment for offenses 

under sections 1001(a) and 1505 of title 18, 

United States Code, ‘‘if the offense involves 

international or domestic terrorism (as 

defined in section 2331).’’ Section 6703(b) 

requires the Sentencing Commission to 

amend the sentencing guidelines to provide 

for ‘‘an increased offense level for an offense 

under sections 1001(a) and 1505 of title 18, 

United States Code, if the offense involves 

international or domestic terrorism, as 

defined in section 2331 of such title.’’ The 

Commission is directed under section 3 of 

the United States Parole Commission 

Extension and Sentencing Commission 

Authority Act of 2005, Pub. L. 109–76, to 

promulgate this amendment as an emergency 

amendment. 

First, the amendment references 

convictions under 18 U.S.C. 1001 to 2J1.2 

(Obstruction of Justice) ‘‘when the statutory 

maximum term of imprisonment relating to 

international or domestic terrorism is 

applicable.’’ It also adds a new specific 

offense characteristic at § 2J1.2(b)(1)(B) 

providing for a 12 level increase for a 

defendant convicted under 18 U.S.C. 1001 

and 1505 ‘‘when the statutory maximum term 

of imprisonment relating to international or 

domestic terrorism is applicable.’’ This 12 

level increase is applied in lieu of the current 

8 level increase for injury or threats to 

persons or property. The increase of 12 levels 

is intended to provide parity with the 

treatment of federal crimes of terrorism 

within the limits of the 8 year statutory 

maximum penalty. It is also provided to 

ensure a 5 year sentence of imprisonment for 

offenses that involve international or 

domestic terrorism. 

Second, the amendment adds to 

Application Note 1 definitions for ‘‘domestic 

terrorism’’ and ‘‘international terrorism,’’

using the meanings given the terms at 18 

U.S.C. 2331(5) and (1), respectively. 

Third, the amendment adds to Application 

Note 2 an instruction that if § 3A1.4 

(Terrorism) applies, do not apply 

§ 2J1.2(b)(1)(B). 

[FR Doc. 05–21211 Filed 10–21–05; 8:45 am] 

BILLING CODE 2210–40–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Applications of Platinum Airlines, Inc. 

for Certificate Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2005–10–13); Dockets OST–

2005–21286 and OST–2005–21287. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue orders finding Platinum 

Airlines, Inc. fit, willing, and able, and 

awarding it certificates of public 

convenience and necessity to engage in 

interstate and foreign charter air 

transportation of persons, property and 

mail. 

DATES: Persons wishing to file 

objections should do so no later than 

October 31, 2005. 

ADDRESSES: Objections and answers to 

objections should be filed in Dockets 

OST–2005–21286 and OST–2005–21287 

and addressed to U.S. Department of 

Transportation, Docket Operations, (M–

30, Room PL–401), 400 Seventh Street, 

SW., Washington, DC 20590, and should 

be served upon the parties listed in 

Attachment A to the order. 

FOR FURTHER INFORMATION CONTACT: 

Vanessa R. Balgobin, Air Carrier Fitness 

Division (X–56, Room 6401), U.S. 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590, (202) 366–9721. 

Dated: October 17, 2005. 

Susan McDermott, 

Deputy Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 05–21199 Filed 10–21–05; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Application of U.S. Helicopter 

Corporation for Certificate Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2005–10–12) Docket OST–2005–

20405. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue an order finding U.S. 

Helicopter Corporation fit, willing, and 

able, and awarding it a certificate of 

public convenience and necessity to 

engage in interstate scheduled air 

transportation of persons, property, and 

mail.