Agencies and Commissions November 2005 – Federal Register Recent Federal Regulation Documents

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern the requirements pertaining to design basis threat (DBT). The proposed rule would amend the Commission's regulations to, among other things, make generically applicable the security requirements previously imposed by the Commission's April 29, 2003 DBT orders, which applied to existing licensees, and redefine the level of security requirements necessary to ensure that the public health and safety and common defense and security are adequately protected. The proposed rule would revise the DBT requirements for radiological sabotage (applied to power reactors and Category I fuel cycle facilities), and theft or diversion of NRC-licensed Strategic Special Nuclear Material (SSNM) (applied to Category I fuel cycle facilities). The NRC has developed draft Regulatory Guides (RGs) that provide guidance to licensees concerning the DBT for radiological sabotage and theft and diversion. These draft RGs have limited distribution because they contain either safeguards or classified information. The specific details related to the threat, which contain both safeguards information (SGI) and classified information, are contained in adversary characteristics documents (ACDs) that are not publicly available. These documents include specific details of the attributes of the threat consistent with the requirements imposed in the April 29, 2003, DBT orders. Additionally, a Petition for Rulemaking (PRM-73-12), filed by the Committee to Bridge the Gap, was considered as part of this proposed rulemaking; the NRC's disposition of this petition is contained in this document.

The Federal Trade Commission published a document in the Federal Register on April 3, 2001 (66 FR 17622), that, inter alia, revised Sec. 3.25(c) of the Commission Rules of Practice by adding a new sentence, and by adding a new clause to an existing sentence, and made those revisions effective on May 18, 2001. The Commission subsequently published a document in the Federal Register on December 12, 2001 (66 FR 64142), that, inter alia, further revised Sec. 3.25(c), and made those revisions effective on December 12, 2001. Inadvertently, however, the December 12, 2001 document did not include in its depiction of Sec. 3.25(c), as revised, the new sentence and new clause added by the April 3, 2001 document. This document corrects Sec. 3.25(c) by re-adding the new sentence and the new clause originally added by the April 3, 2001 document.

Following receipt of a request from the United States Trade Representative (USTR) on October 19, 2005, the Commission instituted investigation No. TA-2104-19, U.S.-Oman Free Trade Agreement: Potential Economywide and Selected Sectoral Effects, under section 2104(f) of the Trade Act of 2002 (19 U.S.C. 3804(f)), for the purpose of assessing the likely impact of the U.S. Free Trade Agreement with Oman on the United States economy as a whole and on specific industry sectors and the interests of U.S. consumers.

The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual, Volume II: ``EDGAR Filing'' 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 use of Form S-8, Form 8-K, and Form 20-F by Shell Companies and the changes necessary to support the Securities Offering Reform, which will modify and advance significantly the registration, communications, and offering processes under the Securities Act of 1933. The revisions to the Filer Manual reflect changes within Filer Manual, Volume II: ``EDGAR Filing,'' Version 2 (November 2005). The updated manual will be incorporated by reference into the Code of Federal Regulations. EDGAR Filer Manual, Volume I: ``General Information,'' Version 1 (September 2005) and Volume III: ``N-SAR Supplement,'' Version 1 (September 2005) have not been changed.

Applicant seeks an order declaring that it has ceased to be an investment company. On February 18, 2005, applicant transferred its assets to JP Morgan U.S. Real Estate Fund, a series of JP Morgan Trust II, based on net asset value. Expenses of $850,000 incurred in connection with the reorganization were paid by applicant's investment adviser, Security Capital Research & Management Incorporated, or its affiliates. Filing Date: The application was filed on September 29, 2005. Applicant's Address: 10 South Dearborn St., Suite 1400, Chicago, IL 60603.

On September 8, 2005 (70 FR 53313), the U.S. Nuclear Regulatory Commission (NRC) published for public comment a proposed rule that would amend its regulations governing the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. The proposed rule would implement the U.S. Environmental Protection Agency's (EPA's) proposed standards for doses that could occur after 10,000 years but within the period of geologic stability. The comment period for EPA's proposed standards currently expires on November 21, 2005 (extended 30 days from October 21, 2005); the comment period for NRC's proposed rule currently expires on November 7, 2005. A letter was received from U.S. Senators Harry Reid and John Ensign from the State of Nevada requesting that the comment period for NRC's proposed rule be extended to a total of 180 days, or at least past the date of EPA's 30-day extension. Another letter representing several citizen and environmental groups requested that the deadline for comments be extended to 180 days. In addition, a letter from the Agency for Nuclear Projects, on behalf of the State of Nevada, requested that NRC extend its comment period for an additional 30 days, consistent with EPA's 30-day extension of its comment period. Given the interrelationship between these two proposed rules, and for consistency with the ongoing EPA rulemaking process, NRC has decided to extend the comment period for its rulemaking an additional 30 days to December 7, 2005, for a total comment period of 90 days. In vacating the compliance period in NRC's rule at 10 CFR part 63, the United States Court of Appeals for the District of Columbia Circuit has made clear that it is ``NRC's obligation under the [Energy Policy Act of 1992] to maintain licensing criteria that are consistent with the public health and safety standards promulgated by EPA.'' See Nuclear Energy Institute, Inc. v. EPA, 373 F.3d 1251, 1299 (D.C. Cir. 2004). Thus NRC's proposed rule, for the most part, simply implements EPA's proposed standards for doses that could occur after 10,000 years but within the period of geologic stability, and its final rule will need to implement any changes EPA may make with respect to its standards. NRC's proposed rule provides further detail for implementing the EPA standard in only two specific areas: A value to represent climate change after 10,000 years; and a requirement that calculations of radiation doses for workers use the same weighting factors that EPA is proposing for calculating individual doses to members of the public. A lengthy period of time should not be needed by potential commenters to address these issues. Hence the NRC's 30-day extension is believed to be appropriate.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Final Regulations (40 CFR Parts 1500 through 1508); and the USIBWC's Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981, (46 FR 44083); the USIBWC hereby gives notice that the Final Environmental Assessment and Finding of No Significant Impact for Alternatives for Improved Flood Control of the Hidalgo Protective Levee System, in the Lower Rio Grande Flood Control Project, located in Hidalgo County, Texas are available. A notice of finding of no significant impact dated June 30, 2005, provided a thirty (30) day comment period before making the finding final. The Notice was published in the Federal Register on July 8, 2005 (70 FR 39527).

The National Science Foundation (NSF) is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') granting the joint motion of complainant Linear Technology Corporation and respondent Monolithic Power Systems, Inc. to terminate the above- captioned investigation on the basis of a settlement agreement and consent order.

The United States Commission on Civil Rights proposes to amend its regulation on the SAC membership criteria to ensure both diversity and nondiscrimination are considered in its SAC member appointment process.

We are proposing to revise the definitions of the age categories we use as one of the criteria in determining disability under titles II and XVI of the Social Security Act (the Act). The proposed changes reflect our adjudicative experience, advances in medical treatment and healthcare, changes in the workforce since we originally published our rules for considering age in 1978, and current and future increases in the full retirement age under Social Security law. The proposed changes would not affect the rules under part 404 of our regulations for individuals age 55 or older who have statutory blindness. They also would not affect our other rules that are dependent on age, such as the age at which you can qualify for early retirement benefits or for Medicare as a retired individual.