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

This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1773-DR), dated 06/28/ 2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing. Effective Date: 07/11/2008. Physical Loan Application Deadline Date: 08/27/2008. EIDL Loan Application Deadline Date: 03/30/2009.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, 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 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information 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.

This rule finalizes the U.S. Small Business Administration's (SBA) December 6, 2005 interim final rule that amended monetary-based small business size standards for inflation. This rule adds an 8.7 percent increase to the inflation-adjusted size standards of the December 2005 interim final rule. This accounts for the inflation that has occurred since then. This rule also adopts the interim final rule's two-step process for determining eligibility for SBA's Business Loan and Economic Injury Disaster Loan (EIDL) Programs. Furthermore, the rule adopts the revised date that SBA uses to determine size status for purposes of EIDL applications for businesses located in declared disaster areas as a result of Hurricanes Katrina, Rita, and Wilma.

This document corrects and supplements a Notice of Intent to Prepare an Environmental Impact Statement and Conduct Scoping Process (regarding an application for a combined license) published in the Federal Register on March 13, 2008 (73 FR 13589). This action is necessary: (1) To correctly identify the document the Nuclear Regulatory Commission (NRC) staff intends to prepare, the applicants for the combined license (COL) and the matters that the scoping process is intended to accomplish, (2) to inform the public and other scoping participants that alternative sites will not be considered in the review of the staff of the U.S. Nuclear Regulatory Commission (NRC or Commission) or in the environmental impact statement (EIS) prepared in connection with the COL application, and (3) to reopen the scoping comment period so as to provide the public with an opportunity to participate in the environmental scoping process, as described in 10 CFR 51.29, in regard to the correctly identified matters that the scoping process is intended to accomplish. With respect to item (3), this action provides thirty (30) days from the date of this Notice for the submission of written comments on the scope of the North Anna Unit 3 COL application environmental review. Comments should be submitted in accordance with the procedures specified in the ADDRESSES section.

The NRC is issuing its Final Interim Staff Guidance (ISG) DC/ COL-ISG-05 (ADAMS Accession No. ML081710264). This interim staff guidance supplements the guidance provided to the staff in Chapter 11, ``Radioactive Waste Management,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,'' concerning the review of radioactive releases in gaseous and liquid effluents (GALE) to support design certification (DC) and combined license (COL) applications. This guidance provides a clarification on the use of a newer version of the boiling-water reactor and pressurized-water reactors GALE codes that is not referenced in the current NRC guidance. The NRC staff issues DC/COL-ISGs to facilitate timely implementation of the current staff guidance and to facilitate activities associated with review of applications for DC and COLs by the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISGs into the next revision to the review guidance documents for applications for new reactors, RG 1.206 and RG 1.112. Disposition: On March 19, 2008, the staff issued the proposed ISG ``Use of the GALE86 Code for Calculation of Routine Radioactive Releases in Gaseous and Liquid Effluents to Support Design Certification and Combined License Applications,'' (COL/DC-ISG-005) (ADAMS Accession No. ML080650651) to solicit public and industry comment. The staff did not receive any comments on the draft ISG. Therefore, the ISG is now being issued for use.

On June 25, 2008, the General Services Administration (GSA) issued a bulletin to inform agencies that fees for individual employee memberships in registered and/or trusted traveler programs (i.e., FlyClear) are not allowable expenses or reimbursements for purposes of Federal government travel under the Federal Travel Regulation (FTR). That bulletin, FTR Bulletin 08-05, may be found at www.gsa.gov/ bulletins.

The Securities and Exchange Commission Advisory Committee on Improvements to Financial Reporting is providing notice that it will hold a public telephone conference meeting on Thursday, July 31, 2008 beginning at 1 p.m. Members of the public may take part in the meeting by listening to the Webcast accessible on the Commission's Web site at https://www.sec.gov or by calling telephone number (888) 285-4585 and using code number 578070. Persons needing special accommodations to take part because of a disability should notify a contact person listed below. The agenda for the meeting includes adoption of the Committee's final report to the Commission. The Committee may also discuss written statements received and other matters of concern. The public is invited to submit written statements for the meeting, including any comments on the draft final report discussed at the Committee's July 11, 2008 open meeting available at https://www.sec.gov/about/offices/oca/acifr.shtml.

The Postal Service proposes to revise the existing system of records entitled, ``Address Change, Mail Forwarding, and Related Services, 800.000.'' The modification clarifies the existing routine use relating to disclosure of customers' temporary changes of address to mailers; disclosure of changes of address to the American Red Cross; obtaining and sharing lists of individuals affected by disasters from other government agencies; disclosure of changes of address for domestic violence shelters; and allowances for alternative methods of customer authentication for the submission of change-of-address (COA) requests in times of emergencies as well as in the regular course of business. Background: The basic function of the United States Postal Service[supreg] at all times, and especially during an emergency, is to bind the nation together through the delivery of postal services to the American public. The severity and magnitude of past catastrophic events have led to an evaluation of our records management policies. After careful review, the Postal Service believes that revisions to certain policies regarding disclosure of temporary changes of address to mailers, as well as disclosure of address information to the American Red Cross and other government agencies would be helpful, promote clarity and improve the provision of services to persons displaced by catastrophic events. Modifications to the system of records will be reflected in Categories of Individuals Covered by the System; Categories of Records in the System; Purposes of Such Uses; and Storage, Retention, and Disposal. The record source(s) for this system has also been amended to include commercially available source(s) of customer dates of birth. Date of birth information may be collected and used for verification purposes in the event credit/debit card information is not available for electronically submitted changes of address, and only in the event of a natural or manmade disaster as determined by the Postal Service. As a form of verification, credit/ debit card information is currently required for both Internet and telephone COA submissions. As a way to accommodate the customer in times of disaster, and to maintain a level of protection for Postal Service customers from fraudulent submission, an alternative method (providing date of birth) was developed as a form of identification and verification. In addition, the Postal Service continues to encourage the use of USPS.com[supreg] for secure and convenient online change-of-address submissions. The Postal Service currently requires a valid credit/debit card to authenticate a customer and to complete a change-of-address request online. We have found that many customers wish to use our online service; however, they are unable to because they do not possess the appropriate credit/debit card required for the authentication process. In order to accommodate those customers, the Postal Service plans to pilot test an alternative authentication option for online change-of-address submissions. The objective of the test is to determine, if given a choice, which types of identification customers prefer to provide as a method of authentication. For this test, customers will be offered a choice of authentication methods. They may continue to provide a credit/debit card OR as an alternative, they may choose to provide their driver's state and license number and their date of birth. If customers choose the latter, the customers' driver's state and license number and date of birth, along with their name and previous address, will be validated through the use of an authorized commercial database. The test will be conducted for a limited period of time and will include a small sample set of customers requesting to change their address on USPS.com. At the completion of the test period, results will be analyzed to determine if the objectives have been met. If the test is determined to be successful, this process may be implemented nationally. The privacy and security of the mail, including the change-of- address process is the core of the Postal Service brand. Over the course of its history, the Postal Service has built a trusted brand with the public. New technology and processes continue to be developed that bring added value and improved customer service to our networks. As always, the Postal Service will only use technology, or adapt technology, in a way that ensures that the privacy and security of the mail and its customers are maintained at the highest levels. The current proposal for change-of-address authentication is no exception. The USPS has carefully analyzed the need, usage, and benefits of an alternative authentication method, while establishing procedures that would properly address privacy and security needs. The Postal Service has considered and incorporated privacy and security features regarding use of commercial source(s) for the collection and verification of driver's license information and date of birth. The Postal Service has limited the type and amount of data provided to the commercial source(s) to only name, previous address, date of birth, driver's state and license number (for non-emergency) and telephone number. The commercial source(s) will purge all personal information once the transaction is completed and will limit the data returned. No personal information will be returned; output fields will only contain confirmation of authentication. In emergency situations, the Postal Service automated system will permit customers to enter their name and date of birth and will confirm this information. The customers' entry will be securely transmitted to the commercial database for verification. Strict limitations have also been placed around the use of the data by the Postal Service, as well as how data are provided to the commercial source(s). When customers enter their information online at USPS.com to request either an emergency change of address or for the alternative authentication test, which are both covered by the Privacy Act, they will be provided details on how their information is protected through the Privacy Act Statement. If customers do not have a credit/debit card number to use as a form of identification/verification, they will be asked for their date of birth as an alternative in an emergency, or both driver's state and license number and date of birth as an additional authentication method in non-emergency situations. Customers may decline to provide this information and submit their change-of- address request via hard copy mail. Two other revisions are also included in this notice. First, online user information for Internet change-of-address requests (to include Internet Protocol (IP) address, domain name, operating system versions, browser version, date and time of connection, and geographic location) is listed as a new record category. This information may be disclosed to law enforcement personnel in order to aid the United States Postal Inspection Service to investigate cases of fraudulent online activity. Second, the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, 108 Stat. 1796, requires the Postal Service to ``secure the confidentiality of domestic violence shelters and abused persons' addresses.'' To further provide protection for address changes for domestic violence shelters and Court Ordered Protected Individuals (COPI), the Postal Service will revise routine uses ``a'' and ``b'' to clarify that domestic violence shelters may limit disclosure of their change-of-address information.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled the Application Instructions Training and Technical Assistance Cooperative Agreements form to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 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, Ralph Morales at (202) 606-6829 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.

These proposed rules would amend our title II regulations to explicitly provide that we apply an underpayment due an individual to reduce an overpayment to that individual in certain cases. Our title XVI regulations already state this policy. Additionally, these proposed rules reflect our procedures for collecting overpayments when a payment of more than the correct amount is made to a representative payee on behalf of a beneficiary after the beneficiary's death. These proposed rules would clarify that we would collect overpayments in this situation from only the representative payee or his estate but would not collect these overpayments from the representative payee's spouse or from the spouse's estate.

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 (PRA) of 1995, 44 U.S.C. 35013520. 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 Postal Service proposes to revise the existing system of records entitled ``Emergency Management Records 500.300.'' The modifications amend an existing routine use to further clarify how records relating to USPS employees and individuals responding to, or affected by, natural disasters or manmade hazards are disclosed to government agencies or disaster relief organizations.

The United States International Trade Commission (``the Commission'') proposes to amend its Rules of Practice and Procedure to require that responses to notices of institution of five-year reviews be filed within 30 days of publication of the notice, as opposed to the 50-day response period specified in its current rules. It additionally seeks public comment on proposals, which would not require changes in its rules, to seek additional information from interested parties at the institution of five-year reviews, and to seek information from purchasers during the adequacy phase of five-year reviews in certain circumstances.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) issued by the presiding administrative law judge (``ALJ'') granting complainant's motion to terminate the investigation in its entirety based on withdrawal of the complaint.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of an existing information collection. The regulations describe how former spouses give us written notice of a court order requiring us to pay benefits to the former spouse. Specific information is needed before OPM can make court-ordered benefit payments. Approximately 19,000 former spouses apply for benefits based on court orders annually. We estimate it takes approximately 30 minutes to collect the information. The annual burden is 9,500 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

The FDIC is adopting an interim rule establishing the FDIC's practices for determining deposit and other liability account balances at a failed insured depository institution. Except as noted, the FDIC practices defined in the interim rule represent a continuation of long- standing FDIC procedures in processing such balances at a failed depository institution. The FDIC is adopting the interim rule concurrently with its adoption of a related final rule requiring the largest insured depository institutions to adopt mechanisms that would, in the event of the institution's failure: Provide the FDIC with standard deposit account and other customer information; and allow the placement and release of holds on liability accounts, including deposits. This interim rule applies to all insured depository institutions.