Agencies and Commissions May 2005 – Federal Register Recent Federal Regulation Documents
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Portland General Electric Company; Notice of Termination of Trojan Nuclear Plant Facility Operating License No. NPF-1
The Nuclear Regulatory Commission (NRC) is noticing the termination of the TNP Facility Operating (Possession Only) License, No. NPF-1, (NRC Docket No. 50-344), located near Portland, Oregon. Background: The TNP facility is located in Columbia County, Oregon, approximately 42 miles north of Portland, Oregon. TNP began commercial operation in May 1976. The reactor output was rated at 3411 MWt with an approximate net electrical output rating of 1130 MWe. The nuclear steam supply system was a four- loop pressurized water reactor designed by Westinghouse Electric Corporation. TNP was shut down for the last time on November 9, 1992. In August 1999, PGE submitted its License Termination Plan (LTP) for the TNP facility. Under the provisions of 10 CFR 50.82(a)(10), the NRC approved the LTP by license amendment dated February 12, 2001. PGE conducted decommissioning activities at TNP in accordance with the approved LTP from February 2001 to December 2004. In accordance with the approved LTP, the licensee conducted final status surveys (FSSs) to demonstrate that the facility and site meet the criteria for unrestricted release as presented in 10 CFR 20.1402. Details of the FSS results were submitted to the NRC in 10 separate FSS reports (FSSRs). PGE submitted an application for termination of the TNP Facility Operating (Possession Only) License, No. NPF-1, on December 20, 2004. The application states that PGE has completed remaining radiological decommissioning and FSSs of the TNP facility and site in accordance with the NRC-approved LTP, and the FSSs demonstrate that the facility and site meet the criteria for decommissioning and release of the site for unrestricted use that are stipulated in 10 CFR part 20, subpart E. The NRC conducted a number of performance-based in-process inspections of the licensee's FSS program during the decommissioning process. The purpose of the inspections was to verify that the FSS was being conducted in accordance with of the commitments made by the licensee in the LTP, and to evaluate the quality of the FSS by reviewing the FSS procedures, methodology, equipment, surveyor training and qualifications, document quality control, and survey data supporting the FSSRs. In addition, the NRC conducted a number of independent confirmatory surveys to verify the FSS results obtained and reported by the licensee. Confirmatory surveys consisted of surface scans for beta and gamma radiation, direct measurements for total beta activity, and collection of smear samples for determining removable radioactivity levels. The NRC staff reviewed the FSS Report and concludes that: (I) Dismantlement and decontamination activities were performed in accordance with the approved LTP; and (ii) The FSS and associated documentation, including an assessment of dose contributions associated with parts released for use before approval of the LTP, demonstrate that the facility and site have met the criteria for decommissioning in 10 CFR Part 20, Subpart E. Therefore, NRC is terminating TNP Facility Operating License No. NPF-1.
Changes in Pay Administration Rules for General Schedule Employees
The Office of Personnel Management is issuing interim regulations to implement section 301 of the Federal Workforce Flexibility Act of 2004, which amends the rules governing pay setting for employees covered by the General Schedule. In particular, we are revising provisions related to special rates, locality rates, and retained rates. The statutory and regulatory changes are designed to correct a variety of pay administration anomalies that resulted in unfair pay reductions or unwarranted pay increases, to allow locality rates and special rates to be treated in similar ways, and to improve the operation of the special rates program.
FEDERAL RESERVE SYSTEM
In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC (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 April 29, 2004, the agencies requested public comment for 60 days on proposed revisions to the instructions for the Consolidated Reports of Condition and Income (Call Report), which are currently approved collections of information. After considering the comments received, the Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has adopted the proposed instructional revisions and also will add new items to the Call Report based on suggestions by commenters. In addition, on March 11, 2005, the agencies requested public comment for 60 days on other proposed revisions to the Call Report. The FFIEC and the agencies have considered the comments received on these additional revisions, which the FFIEC has adopted as proposed. The agencies are submitting the revisions adopted by the FFIEC to OMB for review and approval.
Data Collection Available for Public Comments and Recommendations
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.
Notice of Public Information Collections Being Reviewed by the U.S. Agency for International Development; Comments Requested
U.S. Agency for International Development (USAID) is making efforts to reduce the paperwork burden. USAID invites the general public and other Federal agencies to take this opportunity to comment on the following proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Comments are requested concerning: (a) Whether the proposed or continuing collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (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.
Notice of Public Information Collections Being Reviewed by the U.S. Agency for International Development; Comments Requested
U.S. Agency for International Development (USAID) is making efforts to reduce the paperwork burden. USAID invites the general public and other Federal agencies to take this opportunity to comment on the following proposed and/or continuing information collections, as required by the Paperwork Reduction Act for 1995. Comments are requested concerning: (a) Whether the proposed or continuing collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (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.
Information Collection; Submission for OMB Review; Comment Request
The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Mr. James Willie, at (202) 606-5000, extension 391, (jwillie@cns.gov); (TTY/TDD) at (202) 606-5256 between the hours of 9 a.m. and 4 p.m. Eastern Standard Time, Monday through Friday.
Information Collection; Submission for OMB Review; Comment Request
The Corporation for National and Community Service (hereinafter the ``Corporation'') has submitted a public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paper Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Bruce Kellogg, at (202) 606-5000, extension 526. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (800) 833-3722 between the hours of 9 a.m. and 5 p.m. eastern standard time, Monday through Friday.
Adoption of Updated EDGAR Filer Manual
The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR system. The revisions are being made primarily to support the amended rules and forms adopted by the Commission to address the registration, disclosure and reporting requirements for asset-backed securities under the Securities Act of 1933 and the Securities Exchange Act of 1934. Revisions are also being made to suspend any submission if any of its attached files are empty, to upgrade the EDGARLink Java Runtime Environment (JRE) from version 1.3 to 1.4.103, and to upgrade the EDGAR Filing Web site, the OnlineForms Web site and the Filer Management Web site to support the latest version of the Netscape browser (Netscape 7.x) and drop support for outdated Netscape 4.0x through 4.7 browsers. The revisions to the Filer Manual reflect changes within Volumes I, II and III, entitled ``EDGAR Release 9.0 EDGARLink Filer Manual,'' ``EDGAR Release 9.0 N-SAR Supplement Filer Manual,'' and ``EDGAR Release 9.0 OnlineForms Filer Manual'' respectively. The updated manual will be incorporated by reference into the Code of Federal Regulations.
Excepted Service
This gives notice of OPM decisions granting authority to make appointments under Schedules A, B and C in the excepted service as required by 5 CFR 6.6 and 213.103.
Delegation Changes
The Nuclear Regulatory Commission (NRC) is revising its regulations to change the references from Deputy Executive Director for Management Services to Deputy Executive Director for Information Services and Administration and Chief Information Officer. The revision is necessary to reflect a recent realignment in the Office of the Executive Director for Operations. This final rule is necessary to inform the public of organizational changes within the NRC.
Privacy Act of 1974; Establishment of a New System of Records
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Farm Credit Administration (FCA) is publishing a system notice, which indicates the establishment of a new Privacy Act system of records. The system notice provides information on the existence and character of the system of records for an Organization Locator and Personnel Roster.
In the Matter of Certain Automotive Grilles; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 26, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ford Global Technologies, LCC of Dearborn, Michigan. An amended complaint was filed on May 18, 2005. The amended complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automotive grilles by reason of infringement of U.S. Design Patent No. 498,187. The 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 a permanent exclusion order and a permanent cease and desist order.
Proposed Changes to Exemptions Under CFR Part 613-Privacy Act Regulations
Part 613.5 Exemptions will be amended to add (g) Statistical records. Pursuant to 5 U.S.C. 552a(k)(4), the Foundation hereby exempts the systems of records entitled ``Doctorate Records Files,'' ``Doctorate Work History Files,'' and ``National Survey of Recent College Graduates & Follow-up Files'' from the application of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
Labeling and Advertising of Home Insulation: Trade Regulation Rule
The Federal Trade Commission (``Commission'') amends its Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation (``R-value Rule'' or ``Rule'') to streamline and increase the benefits of the Rule to consumers and sellers, minimize its costs, and respond to the development and utilization of new technologies to make American homes more energy efficient and less costly to heat and cool. This document provides background on the R-value Rule and this proceeding; discusses the public comments the Commission received; and describes the amendments the Commission is making based on the record.
San Juan IPA, 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.
Procedural Regulations for the Copyright Royalty Board
The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board of the Library of Congress, is issuing these regulations, governing the organization, administration, and procedures of the Board, for immediate use in proceedings that are subject to the jurisdiction of Copyright Royalty Judges. Public comments are sought on these regulations.
Designation under the Textile and Apparel Commercial Availability Provision of the U.S. - Caribbean Basin Trade Partnership Act (CBTPA)
CITA has determined that certain colored, open-end spun yarns, ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of Outlast licensed phase change acrylic staple fibers, produced under license from Outlast, classified in subheadings 5206.11.00.00 and 5206.12.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS), for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. CITA hereby designates chief weight cotton sweaters, made from knit fabrics formed in the United States or an eligible beneficiary CBTPA country from such yarns, that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary country as eligible to enter free of quotas and duties under HTSUS subheading 9820.11.27, provided all other yarns used in the referenced apparel articles are U.S. formed and all other fabrics used in the referenced apparel articles are U.S. formed from yarns wholly formed in the United States.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
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. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: Design Information QuestionnaireIAEAN-71 and associated Forms N-72, N-73, N-74, N-75, N-91, N-92, N-93, N-94. 3. The form number if applicable: IAEA Form N-71 and associated Forms N-72, N-73, N-74, N-75, N-91, N-92, N-93, N-94. 4. How often the collection is required: Approximately 1 time annually. 5. Who will be required or asked to report: Licensees of facilities on the U.S. eligible list who have been notified in writing by the Commission to submit the form. 6. An estimate of the number of annual responses: 1. 7. The estimated number of annual respondents: 1. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 360 reporting hours (360 hours per response). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: Licensees of facilities that appear on the U.S. eligible list, pursuant to the US/IAEA Safeguards Agreement, and who have been notified in writing by the Commission, are required to complete and submit a Design Information Questionnaire, IAEA Form N-71 (and the appropriate associated IAEA Form) or Form N-91, to provide information concerning their installation for use of the International Atomic Energy Agency. 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 June 27, 2005. 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. John Asalone, Office of Information and Regulatory Affairs (3150-0056), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@ombeop.gov or submitted by telephone at (202) 395-3087. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
Request for Public Comments on Commercial Availability Petition under the United States-Caribbean Basin Trade Partnership Act (CBTPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA)
On May 23, 2005, the Chairman of CITA received a petition from AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord, Inc., alleging that certain compacted, plied, ring spun cotton yarns, with yarn counts in the range from 42 to 102 metric, classified in subheadings 5205.42.0020, 5205.43.0020, 5205.44.0020, 5205.46.0020, 5205.47.0020 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that men's and boys' woven cotton trousers and shirts and women's and girls' woven cotton trousers, shirts and blouses from U.S.-formed fabrics containing such yarns be eligible for preferential treatment under the CBTPA and the ATPDEA. CITA hereby solicits public comments on this request, in particular with regard to whether such yarns can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by June 13, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution Avenue, N.W. Washington, D.C. 20230.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) is amending its rules relating to Board organization in 5 CFR part 1200 to more accurately reflect the Board's staff organization and functions. The Board is also amending its rules of practice and procedure in 5 CFR part 1201 to correct statutory references and to clarify certain matters.
Procurement List; Additions and Deletions
This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and services previously furnished by such agencies.
Procurement List Proposed Additions and Deletion
The Committee is proposing to add to the Procurement List products and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a service previously furnished by such agencies. Comments Must be Received on or Before: June 26, 2005.
Federal Long Term Care Insurance Regulation
The Office of Personnel Management (OPM) is issuing the final regulations that set forth rules for the administration of the Federal Long Term Care Insurance Program (FLTCIP).
Training
The Office of Personnel Management (OPM) is proposing to amend its regulations concerning agency reporting requirements on training. The purpose of the revision is to assist agencies to effectively collect information that supports agency determinations of its workforce training needs, and document the results of training and development programs implemented to address those needs, by requiring input into the OPM Governmentwide electronic data collection system.
Proposed Collections; Comment Request
In accordance with the requirement of section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) publishes periodic summaries of proposed data collections. The information collections numbered below are pending at RRB and will be submitted to OMB within 60 days from the date of this notice. Comments are Invited On: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.
Advisory Committee on the Records of Congress; Meeting
In accordance with the Federal Advisory Committee Act, the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on the Records of Congress. The committee advises NARA on the full range of programs, policies, and plans for the Center for Legislative Archives in the Office of Records Services.
Labor Management Cooperation Program; Correction on Application Submission Deadline
The Federal Mediation and Conciliation Service (FMCS) published a document in the Federal Register on April 13, 2005, concerning the Application Solicitation for the Labor Management Cooperation Program. The document contained an inadvertent omission of the date upon which applications would be accepted and also changes the term ``Director, Labor-Management Grants Program'' to the ``Director or their designee''.
General Services Administration Acquisition Regulation; Information Collection; Contract Administration, Quality Assurance (GSAR Parts 542 and 546; GSA Form 1678, DD Form 250, and GSA Form 308)
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding contract administration, and quality assurance. A request for public comments was published at 70 FR 8589, February 22, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary 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.
General Services Administration Acquisition Regulation; Information Collection; Identification of Products with Environmental Attributes
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding identification of products with environmental attributes. Public comments are particularly invited on: Whether this collection of information is necessary 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.
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