October 6, 2020 – Federal Register Recent Federal Regulation Documents

Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all amendments issued, or proposed to be issued, from September 5, 2020, to September 21, 2020. The last biweekly notice was published on September 22, 2020.

In this document, the Commission adopts changes to its procedural rules governing administrative hearings under the Communications Act of 1934, as amended. To streamline the hearing process and otherwise update the Commission's rules relating to administrative hearings, the Commission amends its rules to codify and expand the use of a process that relies on written testimony and documentary evidence in lieu of live testimony and cross-examination; authorize Commission staff to act as a case manager to supervise development of the written hearing record when the Commission designates itself as the presiding officer at a hearing; and dispense with the preparation of an initial opinion whenever the record of a proceeding can be certified to the Commission for final decision. Many of the changes that the Commission adopts are designed to supplement the Commission's current formal hearing processes to enable the Commission to select the personnel and procedures that are best suited to the issues raised in a particular case and that will achieve the purposes of that hearing without undue cost or delay.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM), dated October 14, 2011, submitted by Mr. Jordan Weaver (the petitioner) on behalf of the Natural Resources Defense Council, Inc. The petitioner requested that the NRC amend its regulations regarding the measurement and control of combustible gas generation and dispersal within a power reactor system. The petition was assigned Docket No. PRM-50-103 and the NRC published a notice of docketing in the Federal Register on January 5, 2012. The NRC is denying the petition because the issues raised by the petitioner had been considered by the NRC in other NRC processes and the petitioner presented no sufficient new information or arguments to warrant the requested changes to the regulations.

The Environmental Protection Agency (EPA) is proposing approval and conditional approval of State Implementation Plan (SIP) revisions submitted by the State of Colorado on May 31, 2017, May 14, 2018, and May 10, 2019. The revisions are to Colorado Air Quality Control Commission (Commission or AQCC) Regulation Number 7 (Reg. 7). The revisions to Reg. 7 address Colorado's reasonably available control technology (RACT) SIP obligations for Moderate 2008 ozone nonattainment areas; add incorporation by reference dates to rules and reference methods; and make typographical, grammatical, and formatting corrections. Also, in this action, the EPA is proposing to correct a July 3, 2018 final rule pertaining to Colorado's SIP. In that action, we inadvertently excluded regulatory text corresponding to ``incorporation by reference'' (IBR) materials for graphic arts and printing revisions to Reg. 7, Section XIII (adopted November 17, 2016). The EPA is taking this action pursuant to the Clean Air Act (CAA).

This final rule revises regulations for Quality Systems Verification Programs (QSVP). The revisions clarify that all voluntary, user-fee services under this part are applicable to all commodities covered by the Agricultural Marketing Act of 1946 (Act), as amended. Further, the revisions broaden the scope of services defined in part 62 to include all current and future AMS voluntary, user-fee audit verification and accreditation programs and services. Finally, the revisions harmonize administrative procedures governing these services and make conforming changes to other agency regulations.

The Federal Mine Safety and Health Review Commission (the ``Commission'') is an independent adjudicatory agency that provides trials and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977 (the ``Mine Act''). Trials are held before the Commission's Administrative Law Judges, and appellate review is provided by a five-member Review Commission appointed by the President and confirmed by the Senate. The Commission proposes revising its procedural rules in order to aid the just and efficient adjudication of such proceedings.

This final rule adjusts representation on the American Egg Board (Board), and outlines changes to geographic areas based on sustained changes in egg production in several States. The Egg Research and Promotion Order (Order) establishes a Board composed of 18 members. Currently, the 48 contiguous States are divided into six areas with three members representing each area. This final rule reduces the number of geographic areas from six to three. The number of Board members representing each geographic area changes to six. The total Board membership remains at 18.

The Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of a newly updated system of records titled, ``DHS/ALL-038 Insider Threat Program System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.