Agencies and Commissions July 2011 – Federal Register Recent Federal Regulation Documents
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Revisions to Direct Fee Payment Rules
We are revising our rules to implement amendments to the Social Security Act (Act) made by the Social Security Disability Applicants' Access to Professional Representation Act of 2010 (PRA). We are making permanent the direct fee payment rules for eligible non- attorney representatives under titles II and XVI of the Act and for attorney representatives under title XVI of the Act. We also are revising some of our eligibility policies for non-attorney representatives under titles II and XVI of the Act.
Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest
Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Certain DC-DC Controllers and Products Containing the Same, DN 2833; the Commission is soliciting comments on any public interest issues raised by the complaint.
In the Matter of Certain Flat Panel Display Devices, and Products Containing the Same; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 27, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AU Optronics Corporation of Taiwan and AU Optronics Corporation America of Milpitas, California. A letter supplementing the complaint was filed on July 12, 2011. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain flat panel display devices and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,281,955 (``the `955 patent''); U.S. Patent No. 7,697,093 (``the `093 patent''); U.S. Patent No. 7,286,192 (``the `192 patent''); U.S. Patent No. 6,818,967 (``the `967 patent''); U.S. Patent No. 7,199,854 (``the `854 patent''); and U.S. Patent No. 7,663,729 (``the `729 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
In the Matter of Certain Static Random Access Memories and Products Containing Same; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 10, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cypress Semiconductor Corporation of San Jose, California. An amended complaint was filed on June 27, 2011 and a letter supplementing the amended complaint was filed on June 28, 2011. A second amended complaint was filed on July 13, 2011. The second amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain static random access memories and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,534,805 (``the `805 patent''); U.S. Patent No. 6,651,134 (``the `134 patent''); U.S. Patent No. 7,142,477 (``the `477 patent''); and U.S. Patent No. 6,262,937 (``the `937 patent''). The second amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Proposed Agency Information Collection Activities; Comment Request
In accordance with the requirements of the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. chapter 35), the OCC, the Board, the FDIC, and the OTS (the ``agencies'') may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. On June 17, 2011, OMB approved the agencies' emergency clearance requests to implement assessment-related reporting revisions to the Consolidated Reports of Condition and Income (Call Report) for banks, the Thrift Financial Report (TFR) for savings associations, the Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks (FFIEC 002), and the Report of Assets and Liabilities of a Non-U.S. Branch that is Managed or Controlled by a U.S. Branch or Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S), all of which currently are approved collections of information, effective as of the June 30, 2011, report date. Because the assessment-related reporting revisions will need to remain in effect beyond the limited approval period associated with an emergency clearance request, the agencies, under the auspices of the Federal Financial Institutions Examination Council (FFIEC), are requesting public comment on a proposal to extend, with revision, the collections of information identified above. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the FFIEC and the agencies should modify the proposed revisions prior to giving final approval. The agencies will then submit the revisions to OMB for review and approval.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
In accordance with requirements of the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C. 3501 et seq., the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. 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 the renewal of existing information collections, as required by the PRA. On April 28, 2011 (76 FR 23814), the FDIC solicited public comment for a 60-day period on renewal of the following information collections: Recordkeeping and Disclosure Requirements in Connection with Regulation MConsumer Leasing (3064- 0083); Recordkeeping and Disclosure Requirements in Connection with Regulation BEqual Credit Opportunity (3064-0085). No comments were received. Therefore, the FDIC hereby gives notice of submission of its requests for renewal to OMB for review.
Privacy Act of 1974, System of Records
The United States Agency for International Development (USAID) is issuing public notice of its intent to establish a new system of records maintained in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended, entitled ``USAID-30, Google Apps Business Edition''. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency (5 U.S.C. 522a(e)(4)).
Agency Information Collection Activities: Proposed Collection; Comment Request
Under the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 et seq.), and as part of its continuing effort to reduce paperwork and respondent burden, the National Science Foundation (NSF) is inviting the general public and other Federal agencies to comment on this proposed continuing information collection. The full submission may be found at: https://www.reginfo.gov/public/do/PRAMain. This is the second notice for public comment; the first was published in the Federal Register at 76 FR 28244 and no comments were received. NSF is forwarding the proposed submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice.
Agency Information Collection Activities: Submission for OMB Review; Comment Request (3064-0109)
In accordance with requirements of the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C. 3501 et seq., the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. 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 the renewal of existing information collections, as required by the PRA. On April 28, 2011 (76 FR 23815), the FDIC solicited public comment for a 60-day period on renewal of the following information collection: Notice of Branch Closure (OMB No. 3064-0109). No comments were received. Therefore, the FDIC hereby gives notice of submission of its request for renewal to OMB for review.
Domestic Licensing of Source Material-Amendments/Integrated Safety Analysis
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its Title 10 of the Code of Federal Regulations (10 CFR) Part 40 regulations by adding additional requirements for source material licensees who possess significant quantities of uranium hexafluoride (UF6). The proposed rule and proposed guidance document were published in the Federal Register on May 17, 2011 (76 FR 28336), for public comment and an administrative correction to 76 FR 28336 was published in the Federal Register on June 1, 2011 (76 FR 31507). The Nuclear Energy Institute (NEI), in a letter dated June 21, 2011, requested the NRC to hold a public meeting on the proposed rule and draft guidance document and to extend the public comment period. Based on NEI's request, the NRC will conduct a public meeting on August 17, 2011, to seek public input on the proposed rule and its associated draft guidance document. In addition, the NRC is extending the public comment period for the proposed rule and associated draft guidance document from 75 days to 115 days to allow the public ample opportunity to submit written comments.
Advisory Committee on the Medical Uses of Isotopes: Call for Nominations
The U.S. Nuclear Regulatory Commission (NRC) is advertising for nominations for the position of Agreement State representative on the Advisory Committee on the Medical Uses of Isotopes (ACMUI).
Cardinal Health, Inc.; Analysis of Agreement Containing Consent Order to Aid Public Comment
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.
Sentencing Guidelines for United States Courts
As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2012.
Remittance Transfers
NCUA is amending its rules to conform to amendments made to the Federal Credit Union Act (FCU Act) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The interim final rule adds remittance transfers, as now defined under the Electronic Fund Transfer Act (EFTA), as an example of money transfer instruments Federal credit unions (FCUs) may provide to persons within their fields of membership.
Credit Union Service Organizations
NCUA proposes to amend its credit union service organization (CUSO) regulation to address certain safety and soundness concerns. Specifically, this proposal expands the requirements of the CUSO regulation that apply to federally insured state-chartered credit unions (FISCUs) to include investment limits for FISCUs that are ``less than adequately capitalized'' and requirements related to accounting and reporting by CUSOs owned by FISCUs. This proposal also adds two new requirements that would apply to both federal credit unions (FCUs) and FISCUs. These new items would include requiring CUSOs to file financial reports directly with NCUA and the appropriate state supervisory authority and requiring subsidiary CUSOs to follow all applicable laws and regulations. Finally, this proposal makes conforming amendments to NCUA's regulation on the requirements for insurance to address the items discussed above that apply to FISCUs.
Statement of Policy Regarding Communications in Connection With the Collection of Decedents' Debts
Pursuant to the FTC's authority to enforce the Fair Debt Collection Practices Act (``FDCPA''), 15 U.S.C. 1692l(a), and Section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 45, the Commission issues this final Statement of Policy Regarding Communications in Connection with the Collection of Decedents' Debts (``Statement'').\1\ When a person dies, creditors and the debt collectors they hire usually have the right to collect on the person's debts from the assets of his or her estate. Sections 805(b) and (d) of the FDCPA prohibit debt collectors from contacting individuals other than the debtor to collect a debt, unless the individual is the debtor's spouse, parent (if the debtor is a minor), guardian, executor, or administrator. The Commission has learned that, to recover on a decedent's debts, some debt collectors contact the decedent's relatives, although these relatives may have no authority to pay the debts from the decedent's estate and no legal obligation to pay the debts from their own assets. By contacting persons who are not specified in Section 805 of the FDCPA, and by engaging in practices that may deceive those persons about their obligations, these debt collectors may be violating the FDCPA. The Commission recognizes, however, that imposing unnecessary restrictions on a debt collector's ability to collect a decedent's debt from the person authorized to pay those debts may instead cause some debt collectors to seek to recover by invoking the probate process, imposing substantial costs on the estate and delaying the distribution of assets to heirs and beneficiaries. To balance these interests and protect consumers from unfair, deceptive, and abusive practices, this Statement announces that the FTC will forebear from enforcing Section 805(b) of the FDCPA, 15 U.S.C. 1692c(b), against a debt collector for communicating about a decedent's debts with persons specifically identified as appropriate to contact under Section 805 of the FDCPA (e.g., spouse, parent, guardian, executor, or administrator) or any other person who has the authority to pay the decedent's debts from the assets of the decedent's estate. The Statement also clarifies how a debt collector can comply with the law in locating the person who has the requisite authority with whom to discuss the decedent's debts. Finally, the Statement explains how a debt collector can avoid engaging in deceptive practices in communicating with a third party about a decedent's debts.
Washington Disaster # WA-00031
This is a notice of an Administrative declaration of a disaster for the State of Washington dated 07/19/2011. Incident: White Swan Fire. Incident Period: 02/12/2011 through 02/13/2011. Effective Date: 07/19/2011. Physical Loan Application Deadline Date: 09/19/2011. Economic Injury (EIDL) Loan Application Deadline Date: 04/19/2012.
Digital Low Power Television, Television Translator, and Television Booster Stations and To Amend Rules for Digital Class A Television Stations
In the Second Report and Order, the Commission takes steps to resolve the remaining issues in this proceeding in order to allow a timely and successful completion of the low power television digital transition. Although Congress established a hard deadline of June 12, 2009 for full power stations to cease analog operations and begin operating only in digital, the statutory deadline did not apply to low power television stations. Therefore, while all full power television stations have ceased over-the-air analog broadcasting, many low power television stations are continuing to transmit analog signals.
Provisions Common to Registered Entities
The Commodity Futures Trading Commission (``Commission'') is adopting regulations to implement certain statutory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The Commission also is amending its existing regulations governing the submission of new products, rules, and rule amendments. The final regulations establish the Commission's procedural framework for the submission of new products, rules, and rule amendments by designated contract markets (``DCMs''), derivatives clearing organizations (``DCOs''), swap execution facilities (``SEFs''), and swap data repositories (``SDRs''). In addition, the final regulations prohibit event contracts involving certain excluded commodities, establish special submission procedures for certain rules proposed by systemically important derivatives clearing organizations (``SIDCOs''), and stay the certifications and the approval review periods of novel derivative products pending jurisdictional determinations.
Federal Acquisition Regulation; Payments Under Time-and-Materials and Labor-Hour Contracts
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to make necessary revisions to accommodate the authorization to use time-and-materials and labor-hour contract payment requirements.
Joint Public Roundtable on International Issues Relating to the Implementation of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act
On Monday, August 1, 2011, commencing at 9 a.m. and ending at 4 p.m., staff of Commodity Futures Trading Commission (``CFTC'') and Securities and Exchange Commission (``SEC'') (each, an ``Agency,'' and collectively, the ``Agencies'') will hold a public roundtable meeting at which invited participants will discuss various international issues related to the implementation of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or Manager
Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the Federal Register) may be relied upon as ``of record'' notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the Federal Register (57 FR 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at https:// www.fdic.gov/bank/individual/failed/banklist.html or contact the Manager of Receivership Oversight in the appropriate service center.
Information Collection Request Under OMB Review
The Peace Corps published a document in the Federal Register of July 11, 2011, [FR Doc. 2011-17273, pages 40755-40756], concerning request for comments on an information collection. This document corrects errors in that notice.
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