Agencies and Commissions November 2007 – Federal Register Recent Federal Regulation Documents

The National Archives and Records Administration (NARA) is revising its regulations on scheduling Federal records to make future records schedules and certain existing approved records schedules applicable to series of records regardless of the medium in which the records are created and maintained. Both the agency (in submitting the schedule) and NARA (in approving the schedule) would be able to specify that certain disposition authorities are valid only for the current media/format of the records. Although agencies currently are permitted to submit ``media-neutral'' records schedules, most existing records schedules were developed for hard-copy (usually paper) recordkeeping systems and do not state that they apply to records in other formats. Therefore, agencies have been required to submit new schedules when they convert from a hard-copy system of records, including special media records (such as still pictures, aerial photography, maps, charts, drawings, motion picture film, analog videotape, and analog sound recordings), to an electronic system. This rule makes all new schedules media neutral unless otherwise specified and allows schedules previously approved for hard copy records to be applied to electronic versions of the files if certain conditions are met. The new rule will reduce the workload for both agencies and NARA, allowing them to focus resources on critical records management needs.

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing an Addendum to the supplement to the Environmental Assessment (EA) for the Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI). NRC issued the EA and initial Finding of No Significant Impact (FONSI) for this action on October 24, 2003, and subsequently issued a license for the Diablo Canyon ISFSI to the Pacific Gas and Electric Company (PG&E), on March 22, 2004. The license authorizes PG&E to receive, possess, store, and transfer spent nuclear fuel and associated radioactive materials resulting from the operation of the Diablo Canyon Power Plant in an ISFSI at the site for a term of 20 years. On August 30, 2007, NRC issued a supplement to the EA and final FONSI, in response to the June 2, 2006, decision by the United States Court of Appeals for the Ninth Circuit, San Luis Obispo Mothers for Peace v. NRC, 449 F.3d 1016 (9th Cir. 2006). The supplement to the EA addressed the environmental impacts from potential terrorist acts against the Diablo Canyon ISFSI. The Addendum lists six documents to be added to the list of references provided in the supplement to the EA.

In the Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) initiates a proceeding to examine whether its existing rules governing the setting of tariffed rates by local exchange carriers (LECs) provide incentives and opportunities for carriers to increase access demand endogenously with the result that the tariff rates are no longer just and reasonable. The Commission tentatively concludes that it must revise its tariff rules so that it can be confident that tariffed rates remain just and reasonable even if a carrier experiences or induces significant increases in access demand. The Commission seeks comment on the types of activities that are causing the increases in interstate access demand and the effects of such demand increases on the cost structures of LECs. The Commission also seeks comment on several means of ensuring just and reasonable rates going forward. The NPRM invites comment on potential traffic stimulation by rate-of-return local exchange carriers (LECs), price cap LECs, and competitive LECs, as well as other forms of intercarrier traffic stimulation.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (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.

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: New collection. 2. The title of the information collection: NRC Survey of Public Response to Emergencies. 3. The form number if applicable: N/A. 4. How often the collection is required: This is a one-time collection. 5. Who will be required or asked to report: Members of the public that reside within the 10-mile Emergency Planning Zones (EPZs) of nuclear power plants. 6. An estimate of the number of annual responses: 920 (each respondent will answer one survey). 7. The estimated number of annual respondents: This is a one-time collection of 800 completed surveys. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 210 hours ((800 completed surveys x .25 hours per response = 200 hours) + (120 uncompleted surveys x .083 hours per response = 10 hours)). 9. An indication of whether Section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: As part of the NRC's effort to review and improve emergency response program areas, the NRC intends to conduct a telephone survey to assess public reaction to existing protective action strategies, new protective action strategies, and the effectiveness in which these strategies are conveyed to the public. The survey will produce statistical descriptions of likely public reaction to and acceptance of various protective action strategies. The targets for the telephone survey are randomly selected members of the public that reside within the 10-mile EPZs around nuclear power plants. This is a nationwide survey of the public residing within EPZs. The response to the surveys will be used by the NRC in the development of enhancements to its guidance for nuclear power plant protective action recommendations and the means by which this information is disseminated. The survey will also improve the understanding of other areas related to protective action implementation, such as the extent of shadow evacuations and the expected usage of congregate care facilities. 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-1F21, 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 December 17, 2007. 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. Nathan J. Frey, Office of Information and Regulatory Affairs (3150- XXXX), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan J. Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.

This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site (https://www.pbgc.gov).

The Farm Credit Administration (FCA or we) issues this direct final rule amending our regulation on the external auditor's assessment of internal control over financial reporting concerning the System-wide annual report to investors. The effect of the amended rule is to require the external auditor of the Federal Farm Credit Banks Funding Corporation (Funding Corporation) to express an opinion on the effectiveness of internal control over financial reporting instead of reporting on management's assessment of internal control over financial reporting. The amended rule implements recent changes in industry practices.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35), the Equal Employment Opportunity Commission (Commission or EEOC) announces that it intends to submit to the Office of Management and Budget (OMB) a request to approve a new information collection as described below.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall ahve practical utility; (b) the accuracy of the Commission's burden estimate; (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.

The Postal Regulatory Commission published a final rule in the Federal Register of November 9, 2007 implementing certain provisions in the Postal Accountability and Enhancement Act. The effective date should have read December 10, 2007, rather than November 9, 2007.

Pursuant to section 8(c)(2) and section 12(r)(3) of the Railroad Unemployment Insurance Act (Act) (45 U.S.C. 358(c)(2) and 45 U.S.C. 362(r)(3), respectively), the Board gives notice of the following: 1. The balance to the credit of the Railroad Unemployment Insurance (RUI) Account, as of June 30, 2007, is $119,250,233.05; 2. The September 30, 2007, balance of any new loans to the RUI Account, including accrued interest, is zero; 3. The system compensation base is $3,522,368,374.78 as of June 30, 2007; 4. The cumulative system unallocated charge balance is ($292,991,595.22) as of June 30, 2007; 5. The pooled credit ratio for calendar year 2008 is zero; 6. The pooled charged ratio for calendar year 2008 is zero; 7. The surcharge rate for calendar year 2008 is 1.5 percent; 8. The monthly compensation base under section 1(i) of the Act is $1,280 for months in calendar year 2008; 9. The amount described in section 1(k) of the Act as ``2.5 times the monthly compensation base'' is $3,200 for base year (calendar year) 2008; 10. The amount described in section 2(c) of the Act as ``an amount that bears the same ratio to $775 as the monthly compensation base for that year as computed under section 1(i) of this Act bears to $600'' is $1,653 for months in calendar year 2008; 11. The amount described in section 3 of the Act as ``2.5 times the monthly compensation base'' is $3,200 for base year (calendar year) 2008; 12. The amount described in section 4(a-2)(i)(A) of the Act as ``2.5 times the monthly compensation base'' is $3,200 with respect to disqualifications ending in calendar year 2008; 13. The maximum daily benefit rate under section 2(a)(3) of the Act is $61 with respect to days of unemployment and days of sickness in registration periods beginning after June 30, 2008.

The U.S. Office of Personnel Management is issuing an interim rule to define the municipality of Bayamon, Puerto Rico, as an area of application to the Guaynabo-San Juan, PR, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. This change is necessary because there are NAF FWS employees working in the municipality of Bayamon and the municipality is not currently defined to an NAF wage area.

The Nuclear Regulatory Commission (NRC or Commission) is amending its employee protection regulations to clarify the Commission's authority to impose a civil penalty upon a non-licensee contractor or subcontractor of a Commission licensee, or applicant for a Commission license who violates the NRC's regulations by discriminating against employees for engaging in protected activity. The NRC is also amending its employee protection regulations related to the operation of Gaseous Diffusion Plants to conform with the NRC's other employee protection regulations and to allow the NRC to impose a civil penalty on the United States Enrichment Corporation (USEC or Corporation), as well as a contractor or subcontractor of USEC.

The Committee is extending through December 19, 2007 the period for making a determination on whether to request consultations with Honduras regarding imports of cotton, wool and man-made fiber socks (merged Category 332/432 and 632 part).