Agencies and Commissions July 2006 – Federal Register Recent Federal Regulation Documents

The Federal Housing Finance Board (Finance Board) is amending its rules relating to the election of Federal Home Loan Bank (Bank) directors to allow each Bank greater latitude in providing members information about the range of skills and experience among board members the Bank believes is best suited to administer its affairs. The final rule is intended to enhance the corporate governance of each Bank by allowing a Bank to provide to its members, during the election process, information about the expertise the Bank has identified as appropriate to enhance the board of directors in providing overall board management of the Bank. The final rule also revises and reorganizes the prohibitions on actions during the election process.

The Federal Mine Safety and Health Review Commission (the ``Commission'') is an independent adjudicatory agency that provides hearings and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977, or Mine Act. Hearings 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 is adopting an interim rule to implement the Mine Improvement and New Emergency Response Act of 2006, or MINER Act, which amended the Mine Act to improve the safety of miners and mining. The MINER Act provides for Commission review of disputes arising over the accident response plans of underground coal mine operators. The interim rule establishes procedures for the submission and consideration of such disputes. The Commission invites public comments on the interim rule.

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain textile and apparel goods from Madagascar shall be treated as ``handloomed, handmade, folklore articles, or ethnic printed fabrics'' and qualify for preferential treatment under the African Growth and Opportunity Act. Imports of eligible products from Madagascar with an appropriate visa will qualify for duty-free treatment.

The National Science Foundation gives notice of the availability of a Finding of No Significant Impact for proposed activities in the Arctic Ocean. The Office of Polar Programs (OPP) has prepared an Environmental Assessment of a marine geophysical study by the Coast Guard cutter Healy in the western Canada Basin, Chukchi Borderland and Mendeleev Ridge, July-August-September 2006. Given the United States Arctic Program's mission to support polar research, the proposed action is expected to result in substantial benefits to science.

The OCC, Board, FDIC, OTS, NCUA and FTC (the Agencies) request comment on a proposal that would implement sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). As required by section 114, the Agencies are jointly proposing guidelines for financial institutions and creditors identifying patterns, practices, and specific forms of activity, that indicate the possible existence of identity theft. The Agencies also are proposing joint regulations requiring each financial institution and creditor to establish reasonable policies and procedures for implementing the guidelines, including a provision requiring credit and debit card issuers to assess the validity of a request for a change of address under certain circumstances. In addition, the Agencies are proposing joint regulations under section 315 that provide guidance regarding reasonable policies and procedures that a user of consumer reports must employ when such a user receives a notice of address discrepancy from a consumer reporting agency.

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.

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: Revision. 2. The title of the information collection: ``Reports Concerning Possible Non-Routine Emergency Generic Problems''. 3. The form number if applicable: N/A. 4. How often the collection is required: On occasion. 5. Who will be required or asked to report: Nuclear power reactor licensees, research and test reactors, and materials applicants and licensees. 6. An estimate of the number of annual responses: 1,032 responses (832 nuclear power reactor licensees; 200 materials applicants and licensees). 7. The estimated number of annual respondents: 204 (104 nuclear power reactor licensees; 100 materials applicants and licensees). 8. An estimate of the total number of hours needed annually to complete the requirement or request: 369,440 (349,440 for nuclear power reactor licensees [8 responses x 420 hrs/response x 104 licensees] and 20,000 for materials applicants and licensees [2 responses x 100 hrs/ response x 100 licensees]). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A 10. Abstract: NRC is requesting approval authority to collect information concerning possible non-routine generic problems which would require prompt action from NRC to preclude potential threats to public health and safety. 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 August 16, 2006. 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 A. Asalone, Office of Information and Regulatory Affairs (3150- 0012), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

The Commodity Futures Trading Commission (``Commission or CFTC'') is issuing an Amended Supplemental Order for expanded relief, authorizing members of the Sydney Futures Exchange (``Exchange or SFE'') to solicit and accept orders from U.S. customers for otherwise permitted transactions on all non-U.S. and non-Australian exchanges (``foreign exchanges'') where such members are authorized by the regulations of the SFE to conduct futures business for customers. The Amended Supplemental Order supercedes the prior Supplemental Orders, relating to expanded relief, issued to SFE in 1997 and 1993. This Amended Supplemental Order is issued pursuant to Commission Regulation 30.10, which permits the Commission to grant an exemption from certain provisions of Part 30 of the Commission's regulations, and the Commission's Order to SFE dated November 1, 1988 (Original Order), granting relief under Regulation 30.10 to designated members of the Exchange.

This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-1649-DR), dated 7/4/2006. Incident: Severe Storms, Flooding, and Mudslides. Incident Period: 6/23/2006 and continuing. Effective Date: 7/5/2006. Physical Loan Application Deadline Date: 9/5/2006. EIDL Loan Application Deadline Date: 4/4/2007.

This is a Notice of the Presidential declaration of a major disaster for the State of Pennsylvania (FEMA-1649-DR ), dated 07/04/ 2006 Incident: Severe Storms, Flooding, and Mudslides. Incident Period: 06/23/2006 and continuing. Effective Date: 07/04/2006. Physical Loan Application Deadline Date: 09/05/2006. Economic Injury (EIDL) LOAN Application Deadline Date: 04/04/2007.

This is a Notice of the Presidential declaration of a major disaster for the State of Ohio (FEMA-1651-DR), dated 7/2/2006. Incident: Severe Storms and Flooding. Incident Period: 6/21/2006 through 6/23/2006. Effective Date: 7/2/2006. Physical Loan Application Deadline Date: 8/31/2006. Economic Injury (EIDL) Loan Application Deadline Date: 4/2/2007.

The FDIC is proposing to revise its regulation governing official FDIC signs and advertising of FDIC membership. The proposed rule would replace the separate signs used by Bank Insurance Fund (BIF) and Savings Association Insurance Fund (SAIF) members with a new sign, or insurance logo, to be used by all insured depository institutions. In addition, the proposed rule would extend the advertising requirements to savings associations and consolidate the exceptions to those requirements. The proposed rule also would restructure the text in certain sections in order to make them easier to read. Finally, the current prohibition pertaining to receipt of deposits at the same teller's station or window as noninsured institutions would be placed in its own section.

This action adds to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

This order announces a mail classification docket to consider a proposal to amend the definition of ``nominal rate'' subscription for publications in the Periodicals class. Estabishing this docket will allow interested persons to participate in the Commission's consideration of the proposed change, which liberalizes the current definition. It will also allow them to comment on the appropriateness of treating the case on an expedited basis. The order identifies preliminary procedural steps, including appointment of the Postal Service as settlement coordinator.

This document corrects a final rule appearing in the Federal Register on April 20, 2006 (71 FR 20336), that implemented provisions of the Energy Policy Act of 2005. This action is necessary to correct typographical errors that appeared in the codified text of the final rule.

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in August 2006. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

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.