Agencies and Commissions January 16, 2009 – Federal Register Recent Federal Regulation Documents

The Department of Defense (DoD), Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and the U.S. Nuclear Regulatory Commission (NRC) are announcing the availability of the final ``Multi-Agency Radiation Survey and Assessment of Materials and Equipment manual'' (MARSAME). MARSAME provides information on planning, conducting, evaluating, and documenting radiological surveys for demonstrating compliance with measurable action levels. The MARSAME manual is a multi-agency consensus document. The agencies previously have sought public comment in order to receive feedback from the widest range of interested parties and to ensure that all information relevant to developing the document was received. The agencies reviewed public comments received on the draft MARSAME as well as comments from a concurrent, independent, technical peer review. Suggested changes were incorporated, where appropriate, in response to those comments.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and Purpose of Information Collection: Employer's Quarterly Report of Contributions Under the Railroad Unemployment Insurance Act; RRB Form DC-1; OMB 3220-0012 Under section 8 of the Railroad Unemployment Insurance Act (RUIA), as amended by the Railroad Unemployment Improvement Act of 1988 (Pub. L. 100-647), the amount of each employer's contribution is determined by the RRB, primarily on the basis of RUIA benefit payments made to the employees of that employer. These experienced based contributions, take into account the frequency, volume and duration of RUIA benefits, both unemployment and sickness, attributable to a railroad's employees. Each employer's contribution rate includes a component for administrative expenses and a component to cover costs shared by all employers. The regulations prescribing the manner and conditions for remitting the contributions and for adjusting overpayments or underpayments of contributions are contained in 20 CFR 345. RRB Form DC-1, Employer's Quarterly Report of Contributions Under the Railroad Unemployment Insurance Act, is currently utilized by the RRB for the reporting and remitting of quarterly contributions by railroad employers. The RRB utilizes a manual version of Form DC-1 and also provides railroad employers with the option of reporting the required information and remitting their quarterly contributions via an Internet equivalent version Form DC-1. One response is requested quarterly of each respondent and completion is mandatory. The RRB estimates that 2,160 responses are received annually. The estimated completion for the manual and Internet version of Form DC-1 is estimated at 25 minutes. The total burden for the collection is estimated at 900 hours. The RRB proposes no changes to Form DC-1. 2. Title and Purpose of Information Collection: Applicant Background Survey: RRB Form EEO-44, OMB 3220-0201 This information collection is needed to comply with Federal laws and regulations. 5 U.S.C. Chapter 72 Sec. 7201 establishes an anti- discrimination policy. Title VII of the Civil Rights Act of 1964, Sec. 2000e-8 [Sec. 709], requires agencies to make and keep relevant records to identify unlawful employment practices. 29 CFR 1602 allows agencies to collect data to determine if there is any adverse impact on employment practices such as recruitment or selection. The RRB's Equal Employment Office collects data to assess the impact of the agency's recruitment processes on the hiring of minorities, women and people with disabilities. To obtain the information necessary to conduct a proper assessment, the RRB utilizes Form EEO-44, Applicant Background Survey, which collects information about the racial or ethnic identity, gender and disability of applicants for RRB jobs from outside of the Federal government. Form EEO-44 is only viewed by RRB Human Resources personnel and Equal Employment Opportunity officials. Summarized data from all external applicants for a position is used to identify hiring barriers which limit or tends to limit employment opportunities for members of a particular sex, race, or ethnic background, or based on an individual's disability status. The EEO-44 contains a ``Plain English'' assurance that the information will be kept highly confidential and only shared with authorized RRB officials. This assurance specifically states that the information obtained is kept as a running tally which cannot be disaggregated into individual names, that information from the form is not entered into the RRB's personnel database, that the information is not provided to selecting officials or any others who can affect the selection, or to the public, and that the forms is destroyed after the position is filled. The information maintained does not include the applicant's name or other identifier. Completion of one form is requested of each respondent and is voluntary. The RRB estimates that 800 EEO-44's are completed annually at an estimated completion time of 5 minutes. The total burden for the collection is estimated at 67 hours. The RRB proposes no changes to Form EEO-44. Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751-3363 or send an e-mail request to Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 days of this notice.

The Commission announces the re-chartering and appointment of members to the Consumer Advisory Committee (``Committee'') of the Federal Communications Commission (``Commission''). The Commission further designates the Chairperson of the Committee, and announces the date and agenda of the Committee's first meeting in calendar year 2009.

The Federal Retirement Thrift Investment Board (Agency) proposes to alter a system of records notice in its existing inventory of records subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The proposed changes to FRTIB-1, Thrift Savings Plan Records, are necessary as the system location, system manager, and record access procedures have changed. These changes are also necessary in order to make clear the distinction between information available to beneficiaries and information available to someone handling a participant's estate. Finally, these changes are necessary to allow the Agency to share participant information with agency personnel and casualty assistance officers who are aiding beneficiaries, with consumer reporting agencies when necessary for the Agency to collect a debt owed to it under 5 U.S.C. 3711, and with quality control companies that are verifying documents submitted to lenders in connection with participants' commercial loan applications.

The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

The United States International Trade Commission (``the Commission'') amends its Rules of Practice and Procedure to require that responses to notices of institution of five-year reviews be filed within 30 days of publication of the notice, as opposed to the 50-day response period specified in its current rules. It also provides notice of its decision, which does not require a change in its rules, to seek additional information from interested parties at the institution of five-year reviews, and to seek information from purchasers during the adequacy phase of five-year reviews in certain circumstances.

Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in February 2009. As discussed below, this final rule does not address the interest assumptions under PBGC's regulation on Allocation of Assets in Single-Employer Plans. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

We are adopting a new rule that defines the terms ``annuity contract'' and ``optional annuity contract'' under the Securities Act of 1933. The rule is intended to clarify the status under the federal securities laws of indexed annuities, under which payments to the purchaser are dependent on the performance of a securities index. The rule applies on a prospective basis to contracts issued on or after the effective date of the rule. We are also adopting a new rule that exempts insurance companies from filing reports under the Securities Exchange Act of 1934 with respect to indexed annuities and other securities that are registered under the Securities Act, provided that certain conditions are satisfied, including that the securities are regulated under state insurance law, the issuing insurance company and its financial condition are subject to supervision and examination by a state insurance regulator, and the securities are not publicly traded.