Agencies and Commissions September 2010 – Federal Register Recent Federal Regulation Documents

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to establish procedures for contracting officers to provide contractor information, such as terminations for cause or default and defective cost or pricing data, into the Past Performance Information System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS) module within PPIRS. This information will assist the contracting officer in making an informed source selection and award decision. Instructions on access to the FAPIIS module and how to input data into the FAPIIS module will be available at https://www.ppirs.gov/fapiis.html.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-46 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-46, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), to conform to the Small Business Administration (SBA) regulations. The FAR Council did not publish this rule for comment because this change will not have a significant effect beyond the internal operating procedures of the Government and will not have a significant effect on contractors or offerors. Furthermore, this requirement has existed in the Small Business Administration Regulations since January 1, 2009, and the FAR is being updated to conform to these regulations. This revision changes the location for submitting offering letters to SBA for a construction requirement for which a specific offeror is nominated and impacts internal procedures that the contracting officer is now required to follow.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13513, issued on October 1, 2009, entitled ``Federal Leadership on Reducing Text Messaging while Driving.'' This Executive Order was issued to demonstrate Federal leadership in improving safety on the nation's roads and highways, and to enhance the efficiency of Federal contracting. The purpose of this policy is to prevent the unsafe practice of text messaging by Federal contractors while driving in connection with Government business. This policy further promotes economy and efficiency in Federal procurement, and seeks to prohibit the disruption of Government business and Federal procurement, as a result of unsafe text messaging practices.

In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting with RRB.

The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the countervailing duty order on stainless steel sheet and strip from Korea and the antidumping duty orders on stainless steel sheet and strip from Germany, Italy, Japan, Korea, Mexico, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The Federal Trade Commission (``FTC'' or ``Commission'') is rescinding its smokeless tobacco regulations. Recent legislation transferred the FTC's authority for those regulations to the Secretary of the Department of Health and Human Services (``DHHS''). DHHS will now review and approve rotational warning plans for these products.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is charged with proposing rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). Section 723(c)(3) of the Dodd-Frank Act provides that swaps in an ``agricultural commodity'' (as defined by the Commission) are prohibited unless entered into pursuant to a rule, regulation or order of the Commission adopted pursuant to section 4(c) of the Commodity Exchange Act (``CEA'' or ``Act''). This advance notice of proposed rulemaking (``ANPRM'') requests comment on the appropriate conditions, restrictions or protections to be included in any such rule, regulation or order governing the trading of agricultural swaps.

The Patient Protection and Affordable Care Act gave the Comptroller General of the United States responsibility for appointing not more than 15 members to a Methodology Committee of the Patient- Centered Outcomes Research Institute. In addition, the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, or their designees, are members of the Methodology Committee. Methodology Committee members must meet the qualifications listed in Section 6301 of the Act. For these appointments, I am announcing the following: Letters of nomination and resumes should be submitted by October 29, 2010 to ensure adequate opportunity for review and consideration of nominees prior to appointment. If an individual has previously submitted a letter of nomination and resume to be considered for appointment to the PCORI Board of Governors and would also like to be considered for nomination to the PCORI Methodology Committee, please so indicate by e-mail or mail as noted below, however you do not need to submit another resume. Letters of nomination, nominee contact information and resumes can be forwarded to either the e-mail or mailing address listed below.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Iowa (FEMA- 1930-DR), dated 07/29/2010. Incident: Severe Storms, Flooding, and Tornadoes. Incident Period: 06/01/2010 through 08/31/2010. Effective Date: 09/17/2010. Physical Loan Application Deadline Date: 09/27/2010. Economic Injury (EIDL) Loan Application Deadline Date: 04/29/2011.

We are proposing amendments to enhance the disclosure that registrants provide about short-term borrowings. Specifically, the proposals would require a registrant to provide, in a separately captioned subsection of Management's Discussion and Analysis of Financial Condition and Results of Operations, a comprehensive explanation of its short-term borrowings, including both quantitative and qualitative information. The proposed amendments would be applicable to annual and quarterly reports, proxy or information statements that include financial statements, registration statements under the Securities Exchange Act of 1934, and registration statements under the Securities Act of 1933. We are also proposing conforming amendments to Form 8-K so that the Form would use the terminology contained in the proposed short-term borrowings disclosure requirement. In a companion release, we are providing interpretive guidance that is intended to improve overall discussion of liquidity and capital resources in Management's Discussion and Analysis of Financial Condition and Results of Operations in order to facilitate understanding by investors of the liquidity and funding risks facing the registrant.

The FDIC, 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 a continuing information collection, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning the collection of information titled: Interagency Guidance on Sound Incentive Compensation Practices. (3064-0175).

The NRC is conducting a series of public meetings, in the format of facilitated roundtable workshops, to solicit early public input on major issues associated with potential updates to NRC's radiation protection regulations and guidance in light of recommendations presented in the International Commission on Radiological Protection (ICRP) Publication 103 (2007). To aid in that process, the NRC is requesting comments on the issues discussed in this notice. The NRC has not initiated rulemaking on this subject, and is seeking early input and views on the benefits and impacts of options to be considered before making any decision on whether to proceed with a rulemaking. Each meeting will include a panel of participants, selected in a convening process to represent the diversity of stakeholders for these issues, including the various uses of radioactive materials licensed by the NRC. In addition to the panel, the NRC is encouraging observation and participation by all interested individuals. The meeting agenda will specifically include opportunities for viewpoints to be expressed from individuals in attendance who are not members of the panel. The NRC plans to transcribe the meetings.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on June 23, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 21 ``Reporting of Defects and Noncompliance''. 3. Current OMB approval number: 3150-0035. 4. The form number if applicable: NA. 5. How often the collection is required: On occasion, as defects and noncompliance are reportable as they occur. 6. Who will be required or asked to report: Individual directors and responsible officers of firms constructing, owning, operating, or supplying the basic components of any facility or activity licensed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended, to report immediately to the NRC the discovery of defects in basic components or failures to comply that could create a substantial safety hazard (SSH). 7. An estimate of the number of annual responses: 122 (74 responses plus 48 recordkeepers). 8. The estimated number of annual respondents: 48. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 8,926 hours (5,350 hours reporting plus 3,576 hours recordkeeping). 10. Abstract: The 10 CFR part 21 regulation requires each individual, corporation, partnership, commercial grade dedicating entity, or other entity subject to the regulations in this part to adopt appropriate procedures to evaluate deviations and failures to comply to determine whether a defect exists that could result in a substantial safety hazard. Depending upon the outcome of the evaluation, a report of the defect must be submitted to NRC. Reports submitted under 10 CFR part 21 are reviewed by the NRC staff to determine whether the reported defects or failures to comply in basic components at NRC licensed facilities or activities are potentially generic safety problems. These reports have been the basis for the issuance of numerous NRC Generic Communications that have contributed to the improved safety of the nuclear industry. The records required to be maintained in accordance with 10 CFR part 21 are subject to inspection by the NRC to determine compliance with the subject regulation. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by October 27, 2010. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.