Agencies and Commissions March 2008 – Federal Register Recent Federal Regulation Documents

The Government Accountability Office (GAO) is proposing to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984 (CICA), to implement the requirements in sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, enacted on January 28, 2008, and to make certain administrative changes. Regarding sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, the proposed amendments to GAO's Bid Protest Regulations implement the legislation's provisions related to the bid protest process concerning Office of Management and Budget (OMB) Circular A-76, as revised on May 29, 2003. In this regard, the legislation expands the protest rights of Federal employees in an A-76 competition to grant ``any one individual'' who represents the majority of affected employees the status of an ``interested party'' to file a protest at GAO or the status of an intervenor to participate in a protest filed at GAO, to remove the current restriction limiting protests of A-76 competitions to those competitions affecting 65 or more full-time equivalent employees of a Federal agency, and to allow a protest of a decision to convert a function performed by Federal employees to private sector performance without a competition. At this time, GAO believes that these proposed revisions are the only regulatory changes necessary to implement the statutory requirements expanding the protest rights of Federal employees in an A-76 competition. Regarding administrative changes, the proposed amendments to GAO's Bid Protest Regulations are to reflect current practice and to streamline the bid protest process. GAO welcomes comments on these proposed revisions.

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, 44 U.S.C. 3501-3520. 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.

Pursuant to the Antarctic Conservation Act of 1978, The National Science Foundation (NSF) is amending its regulations to designate additional Antarctic Specially Managed Areas (ASMA) and one new Historical Site or Monument (HSM). Further, NSF is amending its regulations to reflect that the Antarctic Treaty Consultative Parties (Consultative Parties), at the Antarctic Treaty Consultative Meeting XXIX (ATCM XXIX) in Edinburgh, Scotland adopted Measure 4 (2006) which removed all species of the genus Arctocephalus, Fur Seals, from the list of Specially Protected Species in Appendix A to Annex II to the Protocol on Environmental Protection to the Antarctic Treaty (The Protocol). These additions only reflect measures already adopted by the Consultative Parties at Antarctic Treaty Consultative Meetings.

On January 22, 2008 (73 FR 3812), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule on Decommissioning Planning. The public comment period for this proposed rule was to have expired on April 7, 2008. The Nuclear Energy Institute (NEI) and several other stakeholders have requested an extension of 90 days. After due consideration of the requests and considering the staff's previous efforts at public outreach during this rulemaking, the NRC has decided to extend the comment period by 30 days, until May 8, 2008. In a letter dated February 29, 2008, NEI requested the additional time to provide review of the legacy site issues raised in the proposed rule, and to provide input to the NRC staff regarding the specific proposed rule text, potential unintended consequences of the rulemaking, and draft regulatory guidance released with the proposed rule.

The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-51-1) submitted by the New England Coalition on Nuclear Pollution (now New England Coalition (NEC)). The petitioner requested that the NRC revise the value for radon-222 in Table S-3, ``Table of Uranium Fuel Cycle Environmental Data,'' of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' because it did not disclose the long- term and long-range health effects of radon gas released from uranium mill tailings piles.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Morris K. Udall Foundation, is planning to submit seven Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Six of the seven ICRs are for revisions to currently approved collections due to expire 06/30/2008 (OMB control numbers 3320-0003, 3320-0004, 3320-2005, 3320-0006, 3320-0007, and 3320- 0009). One ICR pertains to a new collection request. The seven ICRs are being consolidated under a single filing to provide a more coherent picture of information collection activities designed primarily to measure performance. The proposed collections are necessary to support program evaluation activities. The collection is expected neither to have a significant economic impact on respondents, nor to affect a substantial number of small entities. Before submitting the ICRs to OMB for review and approval, the U.S. Institute is soliciting comments on specific aspects of the proposed information collection as described at the beginning of the section labeled SUPPLEMENTARY INFORMATION. Supporting statements for the proposed paperwork collections can be downloaded from the Institute's Web site https://www.ecr.gov/ ecr.asp?link=557. Paper copies can be obtained by contacting Patricia Orr, Program Manager for Evaluation, U.S. Institute for Environmental Conflict Resolution, 130 South Scott Avenue, Tucson, Arizona 85701, Fax: 520-670-5530, Phone: 520-901-8548, E-mail: orr@ecr.gov.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 36) of the presiding administrative law judge (``ALJ'') granting in part complainant's motion for summary determination that the importation requirements of 19 U.S.C. 1337(a)(1)(B) have been met in the above-captioned investigation.

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 in the above-captioned investigation.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, EAC announces the proposed extension of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. The information collection tool is available on the EAC Web site (https://www.eac.gov).

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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on January 2, 2008. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 73 ``Physical Protection of Plants and Materials.'' 3. Current OMB approval number: 3150-0002. 4. The form number if applicable: Not applicable. 5. How often the collection is required: On occasion, with the exception of the initial submittal of revised Security Plans, Safeguards Contingency Plans, and Security Training and Qualification Plans. Required reports are submitted and evaluated as events occur. 6. Who will be required or asked to report: Nuclear power reactor licensees, licensed under 10 CFR Part 50 or 52 who possess, use, import, export, transport, or deliver to a carrier for transport, special nuclear material; Category I fuel facilities; Category II and III facilities; research and test reactors; and 262 other nuclear materials licensees. 7. An estimate of the number of annual responses: 86,264 (85,880 plus 384 recordkeepers). 8. The estimated number of annual respondents: 384. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 578,863 hours (85,441 reporting [approximately 1 hour per response] and 493,422 recordkeeping [1,285 hours per recordkeeper]). 10. Abstract: NRC regulations in 10 CFR Part 73 prescribe requirements to establish and maintain a physical protection system and security organization with capabilities for protection of: (1) Special nuclear material (SNM) at fixed sites, (2) SNM in transit, and (3) plants in which SNM is used. The objective is to ensure that activities involving special nuclear material are consistent with interests of common defense and security and that these activities do not constitute an unreasonable risk to public health and safety. The information in the reports and records submitted by licensees is used by the NRC staff to ensure that the health and safety of the public and the environment are protected, and licensee possession and use of special nuclear material is in compliance with license and regulatory requirements. 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 April 18, 2008. 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- 0002), 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.