Agencies and Commissions May 2009 – Federal Register Recent Federal Regulation Documents

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 current valid OMB control number.

In this document, the Commission, via the Consumer and Governmental Affairs Bureau, seeks comment on the petition for extension of waiver filed with the Commission by AT&T Inc. (AT&T) and Sprint Nextel Corporation (Sprint) (Petition). The Petition requested a one-year extension of the current waiver of the Commission's rules to the extent that provision requires traditional telecommunications relay service (TRS) providers (those providing relay service via the public switched telephone network and a text telephone (TTY)) to automatically and immediately call an appropriate Public Safety Answering Point (PSAP) when receiving an emergency 711-dialed call placed by an interconnected voice over Internet Protocol (VoIP) user. The Commission seeks comment on the remaining technical, operational, or other issues that currently prevent traditional TRS providers from being able to reliably identify the appropriate PSAP to call when receiving an emergency call via 711 and an interconnected VoIP service. The Commission also seeks comment regarding the usage of traditional TRS to place calls through interconnected VoIP service, particularly the incidence of such calls for purposes of obtaining emergency assistance.

The Commodity Futures Trading Commission (``Commission'') proposes to amend its regulations that prescribe minimum adjusted net capital (``ANC'') requirements for futures commission merchants (``FCMs'') and introducing brokers (``IBs''). The proposed amendments would increase the required minimum dollar amount of ANC, as defined in the regulations, that an FCM must maintain from $250,000 to $1,000,000. The proposed amendments also would increase the required minimum dollar amount of ANC that IBs must maintain from $30,000 to $45,000. The Commission also is proposing to amend the computation of an FCM's margin-based minimum ANC requirement to incorporate into the calculation customer and noncustomer positions in over-the-counter derivative instruments that are submitted for clearing by the FCM to derivatives clearing organizations (``DCOs'') or other clearing organizations (``cleared OTC derivative positions''). In addition, the Commission is proposing to amend the regulations to require that FCM proprietary cleared OTC derivative positions be subject to capital deductions in a manner that is consistent with the capital deductions required by the Commission's regulations for FCM proprietary positions in exchange-traded futures contracts and options contracts. Further, the Commission proposes to amend the FCM capital computation to increase the applicable percentage of the total margin-based requirement for futures, options and cleared OTC derivative positions in customer accounts from eight percent to ten percent and in noncustomer accounts from four percent to ten percent. Lastly, the Commission solicits public comments on the advisability of increasing the ANC requirement for FCMs that are also securities brokers and dealers by the amount of net capital required by the Securities and Exchange Commission (``SEC'') Rule 15c3-1(a).

This document delays the effective date by 90 days for the final rule exempting portions of the Partner Vetting System from one or more provisions of the Privacy Act, as published in the Federal Register on January 2, 2009 and delayed on February 2, 2009, and on April 2, 2009.

The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

The National Endowment for the Arts has established a protocol that provides for categorical exclusions under the National Environmental Policy Act (NEPA) for projects funded under the American Recovery and Reinvestment Act (ARRA) that focus on the preservation of jobs (salary support, full or partial, for one or more positions, including support for contracted positions) in the nonprofit arts sector that are threatened by declines in philanthropic and other support during the current economic downturn. The proposed changes would better align NEA implementation of the CEQ NEPA regulations by providing for the efficient and timely environmental review of specific ARRA job preservation actions.

In December 2008, the Board, OTS, and NCUA (collectively, the Agencies) exercised their authority under the Federal Trade Commission Act to issue a final rule prohibiting institutions from engaging in specific acts or practices in connection with consumer credit card accounts. The Agencies understand that clarification is needed regarding certain aspects of the final rule. Accordingly, in order to facilitate compliance, the Agencies propose to amend specific portions of the regulations and official staff commentary.

The U.S. Small Business Administration (SBA) is temporarily amending the size eligibility criteria for loan assistance provided under its 7(a) Business Loan Program. This rule temporarily establishes the same alternative small business size standard that applies to SBA's Certified Development Company (CDC) Program. The U.S. Congress passed and the President signed the American Recovery and Reinvestment Act of 2009 (Recovery Act). The purposes and goals of the Recovery Act are to promote economic recovery and to preserve and create jobs. SBA prepared this rule as an interim final rule, effective immediately, because it will help alleviate the pressing needs of many small businesses for financial assistance in the current economic environment.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a new information collection requirement regarding an Online Citizen Survey.