Agencies and Commissions June 2011 – Federal Register Recent Federal Regulation Documents

The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 705.15 and 708.1.1 to provide a new option for mailers to combine Standard Mail[supreg] flats and Periodicals flats within the same bundle, when placed on pallets, and to combine bundles of Standard Mail flats and bundles of Periodicals flats on the same pallet. The Postal Service is also amending title 39, Code of Federal Regulations to reflect that the Standard Mail service standards apply to all Periodicals flats pieces entered in such combined mailings.

The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') authorizes the U.S. Consumer Product Safety Commission (``Commission,'' ``CPSC,'' or ``we'') to specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence shall be deemed a substantial product hazard under certain circumstances. We are issuing a final rule to determine that any hand-supported hair dryer without integral immersion protection presents a substantial product hazard.

The Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) are amending the advanced risk-based capital adequacy standards (advanced approaches rules) in a manner that is consistent with certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act), and the general risk-based capital rules to provide limited flexibility consistent with section 171(b) of the Act for recognizing the relative risk of certain assets generally not held by depository institutions.

In this document, the Federal Communications Commission (Commission) adopts an interim rule permitting health care providers that are located in a ``rural area'' under the definition used by the Commission prior to July 1, 2005, and that have received a funding commitment from the rural health care program prior to July 1, 2005, to continue to be treated as if they are located in ``rural'' areas for purposes of determining eligibility for all universal service rural health care programs. The Commission takes these actions to ensure that health care providers located in rural areas can continue to benefit from connecting with grandfathered providers, and thereby provide health care to patients in rural areas.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning contractor business ethics compliance program and disclosure requirements. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning certification of independent price determination and parent company and identifying data. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR), dated 05/19/2011. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 04/12/2011 through 05/20/2011.

The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

The Marine Mammal Commission proposes to adopt guidelines to ensure and maximize the quality, objectivity, utility, and integrity of information disseminated by the agency in accordance with the directive issued by the Office of Management and Budget (67 FR 8452-8460), pursuant to section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001.

The Securities and Exchange Commission (the ``Commission'') is proposing amendments to the broker-dealer financial reporting rule under the Securities Exchange Act of 1934 (the ``Exchange Act''). The first set of amendments would, among other things, update the existing requirements of Exchange Act Rule 17a-5, facilitate the ability of the Public Company Accounting Oversight Board (the ``PCAOB'') to implement oversight of independent public accountants of broker-dealers as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''), and eliminate potentially redundant requirements for certain broker-dealers affiliated with, or dually- registered as, investment advisers. The second set of amendments would require broker-dealers that either clear transactions or carry customer accounts to consent to allowing the Commission and designated examining authorities (``DEAs'') to have access to independent public accountants to discuss their findings with respect to annual audits of the broker- dealers and to review related audit documentation. The third set of amendments would enhance the ability of the Commission and examiners of a DEA to oversee broker-dealers' custody practices by requiring broker- dealers to file a new Form Custody.

On May 11, 2011, the OCC, Board, FDIC, FCA, and FHFA (collectively, the Agencies) published in the Federal Register a joint notice of proposed rulemaking for public comment to establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants for which one of the Agencies is the prudential regulator (the proposed rule). Due to the complexity of the rulemaking, to allow parties more time to consider the impact of the proposed rule, and so that the comment period on the proposed rule will run concurrently with the comment period for similar margin and capital requirements proposed by the Commodity Futures Trading Commission, the Agencies have determined that an extension of the comment period until July 11, 2011 is appropriate. This action will allow interested persons additional time to analyze the proposed rules and prepare their comments.

The Architectural and Transportation Barriers Compliance Board (Access Board) plans to hold its regular committee and Board meetings in Washington, DC, Monday through Wednesday, July 11-13, 2011, at the times and location noted below.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA-1976-DR), dated 05/04/2011. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 04/12/2011 through 05/20/2011. Effective Date: 06/17/2011. Physical Loan Application Deadline Date: 07/05/2011. Economic Injury (EIDL) Loan Application Deadline Date: 02/06/2012.

This document requests comments on a petition for rulemaking filed by Kenneth W. Diebel, licensee of FM Station KGGM, Channel 228A, Delhi, Louisiana, proposing the substitution of FM Channel 228A for vacant FM Channel 230A at Bastrop, Louisiana. The proposed substitution of Channel 228A at Bastrop accommodates the hybrid application, which requests the substitution of Channel 230C3 for Channel 228A at Delphi, Louisiana. See File No. BNPH-20110214ADS. A staff engineering analysis indicates that Channel 228A can be allotted to Bastrop consistent with the minimum distance separation requirements of the Rules, with a site restriction 5.3 kilometers (3.3 miles) northeast of the community. The reference coordinates are 32-48-20 NL and 91-52-05 WL. See Supplementary Information, supra.

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing a final Supplemental Environmental Impact Statement (SEIS) to the Generic Environmental Impact Statement for In- Situ Leach Uranium Milling Facilities (GEIS), (NUREG-1910, Supplement 3) for the Lost Creek In-Situ Recovery Project in Sweetwater County, Wyoming. By letter dated October 30, 2007, Lost Creek ISR, LLC (LCI), a wholly-owned subsidiary of UR-Energy USA, Inc. submitted an application to the NRC for a new source and byproduct material license for the Lost Creek ISR Project, which LCI proposed to be located in the Great Divide Basin in Sweetwater County, Wyoming. LCI is proposing to recover uranium from the Lost Creek ISR Project site using the in-situ leach (also known as the in-situ recovery [ISR]) process. In this final SEIS, the NRC staff assessed the environmental impacts from the construction, operation, aquifer restoration, and decommissioning of the proposed Lost Creek ISR Project. In addition to the proposed action, the NRC staff assessed two alternatives in the final SEIS: An alternative that would result in dry yellowcake production at the proposed Lost Creek ISR Project and the No-Action Alternative. In addition, the NRC staff evaluated alternative wastewater disposal options to the proposed action of disposing of liquid effluent via Class I disposal wells. Under the No-Action alternative, NRC would deny LCI's request to construct, operate, conduct aquifer restoration, and decommission an ISR facility at Lost Creek. Alternatives that were considered, but were eliminated from detailed analysis, included conventional mining and milling or heap leach processing. However, given the substantial environmental impact from implementing these alternatives, they were not further considered. The NRC staff also evaluated alternate lixiviants. For reasons discussed in the SEIS, this alternative was also eliminated from detailed analysis. As discussed in Section 2.4 of the final SEIS, unless safety issues mandate otherwise, the NRC staff's recommendation to the Commission related to the environmental aspects of the proposed action is that the source and byproduct material license be issued as requested. This recommendation is based upon: (1) The license application, including the environmental and technical report submitted by LCI and the applicant's supplemental letters and responses to the NRC staff's requests for additional information; (2) consultation with Federal, State, Tribal, and local agencies; (3) the NRC staff's independent review; (4) the NRC staff's consideration of comments received on the draft SEIS; and (5) the assessments summarized in this SEIS. The final SEIS for the Lost Creek ISR Project may be accessed on the Internet at https://www.nrc.gov/reading-rm/doc-collections/nuregs/ staff/sr1910/s3/. Additionally, the NRC maintains an Agencywide Documents and Management System (ADAMS), which provides text and image files of the NRC's public documents. The SEIS may also be accessed online at NRC's Library at: https://www.nrc.gov/ reading-rm/adams.html. The final ``Environmental Impact Statement for the Lost Creek ISR Project in Sweetwater County, WyomingSupplement to the Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities'' is available electronically under ADAMS Accession Number ML11125A006. If you do not have access to ADAMS or if there is a problem accessing documents located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail pdr.resource@nrc.gov. Information and documents associated with the final SEIS are also available for inspection at the NRC's PDR, NRC's Headquarters Building, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2783. For those without access to the Internet, paper copies of any electronic documents may be obtained for a fee by contacting the NRC's PDR at 1-800-397-4209. The final SEIS and related documents may also be found at the following public libraries: