Agencies and Commissions February 2012 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine (1) the practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. Under Section 2 of the Railroad Retirement Act, an annuity is not payable or is reduced for any month in which the annuitant works for a railroad or earns more than prescribed dollar amounts from either non-railroad employment or self-employment. Certain types of work may indicate an annuitant's recovery from disability. The provisions relating to the reduction or non-payment of an annuity by reason of work, and an annuitant's recovery from disability for work, are prescribed in 20 CFR 220.17-220.20. The RRB conducts continuing disability reviews (CDR) to determine whether an annuitant continues to meet the disability requirements of the law. Provisions relating to when and how often the RRB conducts CDRs are prescribed in 20 CFR 220.186. Form G-254, Continuing Disability Report, is used by the RRB to develop information for a CDR determination, including a determination prompted by a report of work, return to railroad service, allegation of medical improvement, or a routine disability review call-up. Form G-254a, Continuing Disability Update Report, is used to help identify a disability annuitant whose work activity and/or recent medical history warrants completion of Form G-254 for a more extensive review. Completion is required to retain a benefit. One response is requested of each respondent to Forms G-254 and G-254a. Previous Requests for Comments: The RRB has already published the initial 60-day notice (76 FR 80988 on December 27, 2011) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 23, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Andrzej Bobel of Lake Forest, Illinois and Neptun Light, Inc. of Lake Forest, Illinois. An amended complaint was filed on February 8, 2012. The 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 dimmable compact fluorescent lamps and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,434,480 (``the '480 patent'') and U.S. Patent No. 8,035,318 (``the '318 patent''). The amended 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.

On February 13, 2012, the Office of the Federal Register (OFR or we) received a petition to amend our regulations governing the approval of agency requests to incorporate material by reference into the Code of Federal Regulations. We've set out the petition in this document. We would like comments on the broad issues raised by this petition.

Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination issued by the presiding administrative law judge in the above captioned investigation on December 20, 2011, finding no violation of section 337 (19 U.S.C. 1337). The Commission requests briefing from the parties on certain issues under review and from the parties and the public on remedy, the public interest, and bonding, as indicated in this notice.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request emergency review and OMB approval of the information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget (OMB) the following requirements for emergency review. We are requesting an emergency review because the collection of this information is needed before the expiration of the normal time limits under OMB's regulations at 5 CFR 1320.13. This is necessary to ensure compliance with requirements in Section 402 of the Consolidated Appropriations Act, 2012, ``* * *'' We cannot reasonably comply with the normal clearance procedures because the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information as stated in 5 CFR 1320.13(a)(2)(iii). Information pertaining to the requirement to be submitted: 1. Type of submission, new, revision, or extension: New. 2. The title of the information collection: Request for Information Pursuant to 10 CFR 50.54(f) Regarding Recommendations 2.1, 2.3 and 93, of the Near-Term Task Force Review of Insights from the Fukushima Dai- ichi Event. 2. Current OMB approval number: Not applicable. 3. How often the collection is required: One-time, on occasion. 4. Who is required or asked to report: 104 power reactor licensees. 5. The number of annual respondents: 104. 6. The number of hours needed annually to complete the requirement or request: The NRC estimates that it will require 13,300 hours per power reactor to respond to the information collection request, for a total of 1,383,200 hours (or 461,067 hours annualized). 7. Abstract: Following the accident at the Fukushima Dai-ichi nuclear power plant resulting from the March 11, 2011, Great T[omacr]hoku Earthquake and subsequent tsunami, the NRC established the Near-Term Task Force (NTTF). The NTTF Charter, dated March 30, 2011, tasked the NTTF with conducting a systematic and methodical review of NRC processes and regulations and determining if the agency should make additional improvements to its regulatory system. Ultimately, a comprehensive set of recommendations contained in a report to the Commission (dated July 12, 2011, SECY-11-0093 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111861807)) was developed using a decision rationale built around the defense-in-depth concept in which each level of defense-in-depth (namely prevention, mitigation, and emergency preparedness (EP)) is critically evaluated for its completeness and effectiveness in performing its safety function. On August 19, 2011, following issuance of the NTTF report, the Commission directed the NRC staff in staff requirements memorandum (SRM) for SECY 11-0093 (ADAMS Access No. ML112310021), in part, to determine which of the recommendations could and should be implemented without unnecessary delay. On September 9, 2011, the NRC staff provided SECY-11-0124 to the Commission (ADAMS Accession No. ML11245A158). The document identified those actions from the NTTF report that should be taken without unnecessary delay. As part of the October 18, 2011, SRM for SECY-11- 0124 (ADAMS Accession No. ML112911571), the Commission approved the staff's proposed actions, including the development of three information requests under 10 CFR 50.54(f). The information collected would be used to support the NRC staff's evaluation of whether further regulatory action was needed in the areas of seismic and flooding design, and emergency preparedness. On December 23, 2011, the Consolidated Appropriations Act, Public Law 112-074, was signed into law. Section 402 of the law also requires a reevaluation of licensees' design basis for external hazards, and expands the scope to include other external events. The NRC has concluded that it requires the information requested to verify the compliance with design bases at nuclear power plants and to determine if additional regulatory actions are appropriate. Therefore, the NRC will issue requests for information, pursuant to Section 182(a) of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.54(f). Addressees to the NRC information request will be required to confirm receipt of the request for information within 30 days. Each attachment to the request for information contains a topic-specific schedule for response. The NRC is requesting OMB review and approval of this collection by March 6, 2012, with a 180-day approval period. Throughout the development of these letters, the NRC has solicited stakeholder input including feedback on the burden. The NRC made draft versions of the letters publically available and hosted seven public meetings to gather stakeholder feedback. Further, the Nuclear Energy Institute provided feedback to the NRC on the content of the letters, including the associated burden. The NRC considered all feedback in generating its burden estimate. Submit, by March 5, 2012, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC 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 March 5, 2012. 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.

The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 28 industries in North American Industry Classification System (NAICS) Sector 62, Health Care and Social Assistance. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all size standards in NAICS Sector 62 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled ``Size Standards Methodology'' and published a notice in the October 21, 2009 issue of the Federal Register that the ``Size Standards Methodology'' White Paper was available on its Web site at www.sba.gov/size for public review and comments (74 FR 53940). The ``Size Standards Methodology'' White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.

Union Electric Company, a subsidiary of Ameren Corporation and doing business as Ameren Missouri (Ameren), has submitted to the U.S. Nuclear Regulatory Commission (NRC) an application for renewal of Facility Operating License NPF-30 for an additional 20 years of operation at Callaway Plant, Unit 1 (Callaway). Callaway is located in Callaway County, MO. The current operating license for Callaway expires on October 18, 2024.

This action adds services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products and services from the Procurement List previously furnished by such agencies.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Consumer Electronics, Including Mobile Phones and Tablets, DN 2878; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Following receipt of a request dated and received June 28, 2011 from the U.S. Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-525, Remanufactured Goods: An Overview of the U.S. and Global Industries, Markets, and Trade (76 FR 44606). Public Hearing: In order to facilitate the hearing in Inv. No. 332- 525, the Commission has determined to change the start time of the public hearing to 9:00 a.m., February 28, 2012, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC.

NSF is hereby granting a limited exemption of section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 111-5, 123 Stat. 115, 303 (2009), with respect to the purchase of the superior holding power balanced anchors that will be used in the Alaska Region Research Vessel (ARRV). These anchors are required in order to accommodate the vessel's ice breaking bow shape and they will save weight.

The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission. The adopted amendments rescind the exemption from registration; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons (QEPs; modify the criteria for claiming relief); and require the annual filing of notices claiming exemptive relief under several sections of the Commission's regulations. Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions.