Agencies and Commissions December 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Intent to Request Public Comments
As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2007, it intends to request public comments on the rules and guides listed below. The Commission will request comments on, among other things, the economic impact of, and the continuing need for, the rules and guides; possible conflict between the rules and guides and state, local, or other federal laws or regulations; and the effect on the rules and guides of any technological, economic, or other industry changes. No Commission determination on the need for or the substance of the rules and guides should be inferred from the notice of intent to publish requests for comments. In addition, the Commission announces a revised 10-year regulatory review schedule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through April 30, 2010 the current OMB clearance for its Free Annual File Disclosures Rule (``Rule''). That clearance expires on April 30, 2007.
Technical Specification Improvement to Remove the Main Steam and Main Feedwater Valve Isolation Time From Technical Specifications Using the Consolidated Line Item Improvement Process
Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model Application related to changes to the Standard Technical Specifications (STS), Section 3.7.2, ``Main Steam Isolation Valves (MSIVs)'' and Section 3.7.3 ``Main Feedwater Isolation Valves (MFIVs), Main Feedwater Regulation Valves (MFRVs), and [associated bypass valves].'' The changes remove the specific isolation time for the isolation valves from the associated STS Surveillance Requirements (SRs). The bracketed isolation time in the STS SRs is replaced with the requirement to verify the valve isolation time is within limits. The specific isolation time required to meet the STS surveillances would be located outside of the technical specifications in a document subject to control by the 10 CFR 50.59 process. The NRC staff has also prepared a model safety evaluation (SE) and no significant hazards consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to adopt the associated changes into plant-specific technical specifications (TS). Licensees of nuclear power reactors to which the models apply may request amendments confirming the applicability of the SE and NSHC determination to their reactors.
Determination under the African Growth and Opportunity Act
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain textile and apparel goods from Mali 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 Mali with an appropriate visa will qualify for duty-free treatment.
Consumer Handbook on Adjustable Rate Mortgages
This notice announces the availability of the revised Consumer Handbook on Adjustable Rate Mortgages by the Board of Governors of the Federal Reserve System (the Board) and the Office of Thrift Supervision (the OTS). The Consumer Handbook on Adjustable Rate Mortgages (the CHARM booklet) provides information to consumers about the features and risks of adjustable rate mortgage loans. Under Regulation Z (which implements the Truth in Lending Act), creditors must provide a copy of the CHARM booklet published by the Board and the OTS, or a suitable substitute, to consumers with every application for an adjustable rate mortgage loan. The CHARM booklet published by the Board and the OTS today replaces the CHARM booklet published in 1987 and most recently reprinted May 2005.
Repeal of Reports and Public Disclosure of Indebtedness of Executive Officers and Principal Shareholders to a State Nonmember Bank and Its Correspondent Banks
The Federal Deposit Insurance Corporation (FDIC) is repealing its regulations governing reporting on lending by a State nonmember bank and its correspondent banks to executive officers and principal shareholders. The FDIC is taking this action in accordance with the Financial Services Regulatory Relief Act of 2006, section 601, which repealed the provision under which the FDIC promulgated these regulations.
Review and Approval of Projects; Special Regulations and Standards; Hearings and Enforcement Actions
This document contains amendments to the SRBC's project review regulations currently published at 18 CFR Parts 803, 804 and 805. The regulations provide the procedural and substantive rules for SRBC review and approval of water resources projects and the procedures governing hearings and enforcement actions. These amendments include additional due process safeguards, add new standards for projects, improve organizational structure, incorporate recently adopted policies and clarify language. The amendments were first proposed on July 7, 2006 in the Federal Register, Vol. 71, No. 130, p. 38692. Comments received on the proposed rule making are summarized with accompanying responses in the ``Supplementary Information'' section below. Changes were made to the proposed rules in the final rule making in response to these comments, including the ``removal and reservation'' of Parts 803, 804 and 805 and the substitution therefore in this final rule making action of Parts 806, 807 and 808, respectively.
Community Reinvestment Act Regulations
The OCC, the Board, and the FDIC (collectively, the ``agencies'') are publishing this joint final rule to reinsert a provision that was inadvertently deleted when the agencies revised their Community Reinvestment Act (CRA) regulations in August 2005. This change is technical only and does not make any substantive revisions. The agencies are also amending their CRA regulations to increase the asset-size threshold to be used to define ``small bank'' and ``intermediate small bank.'' The regulation is amended to state the increase in the threshold amount based on the annual percentage change in the Consumer Price Index.
Executive Compensation Disclosure
The Securities and Exchange Commission is adopting, as interim final rules, amendments to the disclosure requirements for executive and director compensation. The amendments to Item 402 of Regulations S- K and S-B revise Summary Compensation Table and Director Compensation Table disclosure with respect to stock awards and option awards to provide disclosure of the compensation cost of awards over the requisite service period, as described in Financial Accounting Standards Board Statement of Financial Accounting Standards No. 123 (revised 2004) Share-Based Payment (FAS 123R). FAS 123R defines a requisite service period as the period or periods over which an employee is required to provide service in exchange for a share-based payment. The revised disclosure replaces disclosure in the Summary Compensation Table and Director Compensation Table of the aggregate grant date fair value of awards computed in accordance with FAS 123R. The amendments revise the Grants of Plan-Based Awards Table to add a column showing, on a grant-by-grant basis, the full grant date fair value of awards computed in accordance with FAS 123R. The amendments also revise the Grants of Plan-Based Awards Table to include information concerning repriced or materially modified options, stock appreciation rights and similar option-like instruments, disclosing the incremental fair value computed as of the repricing or modification date computed in accordance with FAS 123R. The amendments to the Director Compensation Table in Item 402 of Regulation S-K require footnote disclosure corresponding to the new Grants of Plan-Based Awards Table fair value disclosures. The amendments are intended to provide investors with more complete and useful disclosure about executive compensation. Disclosing the compensation cost of stock and option awards over the requisite service period will give investors a better idea of the compensation earned by an executive or director during a particular reporting period, consistent with the principles underlying the financial statement disclosure; and retaining the requirement to disclose the grant date fair value will give investors useful information about the total impact of compensation decisions made by a company in a particular reporting period.
In the Matter of Certain Flash Memory Devices, and Components Thereof, and Products Containing Such Devices and Components; Notice of Commission Decision Not to Review the Administrative Law Judge's Final Initial Determination That There is No Violation of Section 337; Termination of Investigation
Notice is hereby given that the United States International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended, and to terminate the investigation.
Limitation on Issuance of Excess Stock
The Federal Housing Finance Board (Finance Board) is adopting a final rule limiting the ability of a Federal Home Loan Bank (Bank) to create member excess stock under certain circumstances. Under the rule, any Bank with excess stock greater than 1 percent of its total assets will be barred from further increasing member excess stock by paying dividends in the form of shares of stock (stock dividends) or otherwise issuing new excess stock. The final rule is based on a proposed rule that sought to impose a limit on excess stock and establish a minimum retained earnings requirement. The final rule deals only with the excess stock provisions of the proposal. The Finance Board intends to address retained earnings in a later rulemaking.
Proposed Collection; Comment Request for Collection: Scholarship for Service Program Internet Webpage
In accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) submitted a request to the Office of Management and Budget (OMB). OPM requested OMB to approve a collection associated with the Scholarship For Service (SFS) Program Internet webpage. Approval of the webpage is necessary to facilitate the timely registration, selection, and placement of program-enrolled students in Federal agencies. The SFS Program was established by the National Science Foundation in accordance with the Federal Cyber Service Training and Education Initiative as described in the President's National Plan for Information Systems Protection. This program seeks to increase the number of qualified students entering the fields of information assurance and computer security in an effort to respond to the threat to the Federal Government's information technology infrastructure. The program provides capacity building grants to selected 4-year colleges and universities to develop or improve their capacity to train information assurance professionals. It also provides selected 4-year colleges and universities scholarship grants to attract students to the information assurance field. Participating students who receive scholarships from this program are required to serve a 10-week internship during their studies and complete a post-graduation employment commitment equivalent to the length of the scholarship or one year, whichever is longer. OPM projects that 450 students will graduate from participating institutions over the next three years. These students will need placement in addition to the 180 students needing placement this year. We estimate the collection of information for registering and creating an online resume to be 45 minutes to 1 hour. We estimate the total number of hours to be 630. Comments: We received no comments in response to our 60-day notice.
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) entitled the President's Volunteer Service Award (PVSA) application, Parts A, B, C, D, and E 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, Shannon Maynard at 202-606-6713. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565- 2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.
Agency Information Collection Activities: Proposed Collection; Comment Request
NARA is giving public notice that the agency proposes to request extension of two currently approved information collections. The first information collection is the Applicant Background Survey, NA Form 3035, which is used to obtain source of recruitment, ethnicity, race, and disability data on job applicants. The information is used to determine if the recruitment is effectively reaching all aspects of the relevant labor pool. The information is also used to determine if there are proportionate acceptance rates at various stages of the recruitment process. The second information collection is the Personal Identity Verification (PIV) Request, NA Form 6006, used by NARA employees, on- site contractors, volunteers, Foundation members, Interns, and others in order to obtain a Federal Identity Card (FIC). The public is invited to comment on the proposed information collection pursuant to the Paperwork Reduction Act of 1995.
Public Meeting on Non-Trial Civil Court Case Files
The National Archives and Records Administration (NARA) is holding a public meeting to gather input to help NARA decide how to identify post-1970 non-trial civil cases with sufficient historical value to warrant permanent preservation. Pursuant to the U.S. District Court records schedule issued in 1983, the National Archives preserves all civil cases prior to 1970 and all cases filed after January 1, 1970 that went to trial. Cases filed after January 1, 1970 that did not reach the trial stage are eligible for disposal twenty years after they are transferred to inactive storage. Trial cases are routinely transferred to the legal custody of the National Archives twenty-five years after closure. No non-trial cases in records center storage have been destroyed. NARA must develop a methodology to review a representative portion of the non-trial case files in order to determine which files should be preserved. The meeting is designed to elicit advice from the public, and the legal, judicial, and historical communities on the review methodology.
Consolidated Decommissioning Guidance; Notice of Availability
The U.S. Nuclear Regulatory Commission (NRC) is announcing the availability of two volumes of NUREG-1757, ``Consolidated Decommissioning Guidance.'' The first volume is ``Consolidated Decommissioning Guidance: Decommissioning Process for Materials Licensees'' (NUREG-1757, Vol. 1, Rev. 2), which provides guidance for planning and implementing the termination of materials licenses. The second volume, ``Consolidated Decommissioning Guidance: Characterization, Survey, and Determination of Radiological Criteria'' (NUREG-1757, Vol. 2, Rev. 1), provides guidance for compliance with the radiological criteria for termination of licenses. The guidance is intended for use by NRC staff and licensees. It is also available to Agreement States and the public.
Implementation of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002-Reporting & Best Practices
The Office of Personnel Management (OPM) is issuing final regulations to carry out the reporting and best practices requirements of Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). The No FEAR Act requires Federal agencies to report annually on certain topics related to Federal antidiscrimination and whistleblower protection laws. The No FEAR Act also requires a comprehensive study to determine the executive branch's best practices concerning disciplinary actions against employees for conduct that is inconsistent with these laws. This rule will implement the reporting and best practices provisions of the No FEAR Act.
Notice of Availability of Draft Environmental Assessment and Finding of No Significant Impact for Proposed Pa'ina Hawaii, LLC Irradiator in Honolulu, Hawaii
Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing a draft Environmental Assessment (EA) for the Pa'ina Hawaii, LLC (Pa'ina or the applicant) license application, dated June 27, 2005. The draft EA is being issued as part of the NRC's decision-making process on whether to issue a license to Pa'ina, pursuant to Title 10 of the U.S. Code of Federal Regulations Part 36, ``Licenses and Radiation Safety Requirements for Irradiators.'' The license would authorize the use of sealed radioactive sources in an underwater irradiator for the production and research irradiation of food, cosmetic, and pharmaceutical products. The proposed irradiator would be located immediately adjacent to Honolulu International Airport on Palekona Street near Lagoon Drive. The irradiator would primarily be used for phytosanitary treatment of fresh fruit and vegetables bound for the mainland from the Hawaiian Islands and similar products being imported to the Hawaiian Islands as well as irradiation of cosmetics and pharmaceutical products. The irradiator would also be used by the applicant to conduct research and development projects, and irradiate a wide range of other materials as specifically approved by the NRC on a case-by-case basis. The NRC staff will also hold a public meeting to present an overview of the draft EA and to accept oral and written public comments. The meeting date, time and location are listed below: Meeting Date: Thursday, February 1, 2007. Meeting Location: Ala Moana Hotel, 410 Atkinson Drive, Honolulu, Hawaii 96814, Hotel Telephone number 808-955-4811. Informal Open House: 6 p.m.7 p.m. NRC Overview Presentation: 7 p.m.7:30 p.m. Question and Answer: 7:30 p.m.8 p.m. Comment Session: 8 p.m.9 p.m. Prior to the public meeting, the NRC staff will be available to informally discuss the proposed Pa'ina project and answer questions in an ``open house'' format. This ``open house''' format provides for one- on-one discussions with the NRC staff involved with the preparation of the draft EA. The draft EA meeting officially begins at 7:00 PM and will include: (1) A presentation summarizing the contents of the draft EA and (2) an opportunity for interested government agencies, organizations, and individuals to provide comments on the draft EA. This portion of the meeting will be transcribed by a court reporter. Persons wishing to provide oral comments will be asked to register at the meeting entrance. Individual oral comments may have to be limited by the time available, depending upon the number of persons who register. Additionally, the NRC will set up a toll-free telephone number that interested members of the public may use to participate. Details of the toll free telephone number will be provided in a public notice prior to the meeting. Please note that comments do not have to provided at the public meeting and may be submitted at any time throughout the comment period as described in the DATES and ADDRESSES sections of this notice.
Notice of Intent to Prepare an Environmental Impact Statement for the Decommissioning of the Shieldalloy Metallurgical Corporation, New Field, New Jersey
Shieldalloy Metallurgical Corporation (SMC) submitted a decommissioning plan (DP) (ML053190212) on October 21, 2005, that proposes radiological remedial actions that would allow the material license to be amended to a long term control license for the SMC facility located in New Field, New Jersey. By a letter dated January 26, 2006, the U.S. Nuclear Regulatory Commission (NRC) notified SMC that the DP was being rejected due to technical deficiencies. On June 30, 2006, SMC submitted a supplement (ML061980092) to its DP. In a letter dated October 18, 2006, the NRC accepted the DP for review. The NRC, in accordance with the National Environmental Policy Act (NEPA) and its regulations in 10 CFR Part 51, announces its intent to prepare an Environmental Impact Statement (EIS). The EIS will examine the potential environmental impacts of the proposed decommissioning plan for the SMC facility.
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