Agencies and Commissions October 15, 2009 – Federal Register Recent Federal Regulation Documents
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Periodic Reporting Rules
This document announces a proposed rulemaking in response to a recent Postal Service petition involving periodic reporting rules. It concerns a new Postal Service special study updating the density factors that are used to distribute certain attributable transportation costs in two cost segments (Nos. 8 and 14). The public is invited to comment.
Submission for OMB Review; Request for Review of a Revised Information Collection
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995 and 5 CFR 1320), 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 a revised information collection. This information collection, ``Notice of Change in Student's Status'' (OMB Control No. 3206-0042; Form RI 25-15), is used to collect sufficient information from adult children of deceased Federal employees or annuitants to assure that the child continues to be eligible for payments from OPM.
Submission for OMB Review; Comment Request for Review of a Revised Information Collection
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 a revised information collection. This information collection, ``Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity'' (OMB Control No. 3206-0138; Form RI 30-9), informs former disability annuitants of their right to request restoration under title 5, U.S.C. Sections 8337 and 8455. It also specifies the conditions to be met and the documentation required for a person to request reinstatement.
Use of the “First Sale Rule” for Customs Valuation of U.S. Imports
On January 2, 2009, the Commission published a notice in the Federal Register (74 FR 119) announcing that it had instituted investigation No. 332-505, Use of the ``First Sale Rule'' for Customs Valuation of U.S. Imports, for the purpose of preparing the report required by section 15422(c)(1) of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234). The Commission indicated that it expected to transmit its report to Congress in February 2010, based on the expectation it would receive the last of several monthly reports from the Commissioner of U.S. Customs and Border Protection (CBP) in November 2009. The Commission received the final report from CBP on September 25, 2009, and now expects to deliver its report to Congress by December 23, 2009.
In the Matter of Certain Variable Speed Wind Turbines and Components Thereof; Notice of Commission Determination To Review a Final Initial Determination of the Administrative Law Judge
Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''). The ALJ found a violation of section 337.
Issuance of Environmental Assessment and Final Finding of No Significant Impact for Modification of Exemption From Certain NRC Licensing Requirements for Special Nuclear Material for Waste Control Specialists, LLC, Andrews County, TX
The U.S. Nuclear Regulatory Commission (NRC) has prepared an Environmental Assessment for the issuance of an Order under Section 274(f) of the Atomic Energy Act that would modify an Order issued to Waste Control Specialists, LLC (WCS) on November 5, 2004. In accordance with 10 CFR 51.33, the NRC prepared a draft Finding of No Significant Impact (FONSI) for public review and comment that was issued on July 9, 2009 (74 FR 34983). The public comment period closed on August 10, 2009. NRC received comments from one resident of Texas. The current action is in response to a request by WCS dated December 10, 2007. The November 5, 2004 Order was published in the Federal Register on November 12, 2004 (69 FR 65468). The November 5, 2004 Order, which modified an initial Order issued to WCS on November 21, 2001, exempted WCS from certain NRC regulations and permitted WCS, under specified conditions, to possess waste containing special nuclear material (SNM), in greater quantities than specified in 10 CFR Part 150, at WCS's facility located in Andrews County, Texas, without obtaining an NRC license pursuant to 10 CFR part 70.
Notice of Opportunity for Public Comment on the Proposed Models for Plant-Specific Adoption of Technical Specification Task Force Traveler-508, Revision 1, “Revise Control Room Habitability Actions To Address Lessons Learned From TSTF-448 Implementation”
The NRC is requesting public comment on the enclosed proposed model safety evaluation, model no significant hazards consideration determination, and model application for plant-specific adoption of Technical Specification Task Force (TSTF) Traveler-508, Revision 1,
Issuance of Environmental Assessment and Draft Finding of No Significant Impact for Modification of Exemption From Certain U.S. Nuclear Regulatory Commission Licensing Requirements for Special Nuclear Material for EnergySolutions LLC, Clive, UT; Correction
This document corrects a notice appearing in the Federal Register on October 7, 2009 (74 FR 51622), in which NRC issues an Environmental Assessment and Draft Finding of No Significant Impact for modification of an exemption from certain NRC licensing requirements for special nuclear material for EnergySolutions, LLC, Clive, UT. This action is necessary to correct an erroneous reference.
Reserve Requirements of Depository Institutions
The Board is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the reserve requirement exemption amount and the low reserve tranche for 2010. The Regulation D amendments set the amount of total reservable liabilities of each depository institution that is subject to a zero percent reserve requirement in 2010 at $10.7 million, up from $10.3 million in 2009. This amount is known as the reserve requirement exemption amount. The Regulation D amendments also set the amount of net transaction accounts at each depository institution that is subject to a three percent reserve requirement in 2010 at $55.2 million, up from $44.4 million in 2009. This amount is known as the low reserve tranche. The adjustments to both of these amounts are derived using statutory formulas specified in the Federal Reserve Act. The Board is also announcing changes in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency at which depository institutions must submit deposit reports.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in November 2009. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
Senior Executive Service Performance Review Board
Notice is hereby given of the appointment of members to the Federal Trade Commission's Performance Review Board.
Telemarketing Sales Rule; Extension of Comment Period in the Notice of Proposed Rulemaking
In a Federal Register document announced on July 30, 2009,\1\ and published in the Federal Register on August 19, 2009 (``Notice),\2\ the Federal Trade Commission requested comment on its Notice of Proposed Rulemaking (``NPRM'') in connection with proposed debt relief amendments to the Telemarketing Sales Rule (``TSR''). The NPRM stated that comments must be received on or before October 9, 2009. In response to a request to extend the comment period received on September 17, 2009, the Commission has determined to extend the comment period until October 26, 2009.
Free Annual File Disclosures Amendments to Rule to Prevent Deceptive Marketing of Credit Reports and to Ensure Access to Free Annual File Disclosures
Section 205 of the Credit CARD Act of 2009 requires the Federal Trade Commission (``FTC'' or ``Commission'') to issue a rule by February 22, 2010, to prevent deceptive marketing of ``free credit reports.''To that end, the Commission proposes, and seeks comment on, amendments to the Commission's Free Annual File Disclosures Rule, 16 CFR Part 610. The proposed amendments would require certain advertisements for ``free credit reports'' to include prominent disclosures designed to prevent consumers from confusing these ``free'' offers with the federally mandated free annual file disclosures available through the single centralized source. In addition, the Commission proposes amendments to delay advertisements for products and services through the centralized source until after the consumer receives his or her free annual file disclosure, and to prohibit other practices that may interfere with the free file disclosure process. Finally, the Commission proposes certain technical amendments to the Rule.
Draft 2010-2015 Strategic Plan for Securities and Exchange Commission
The Securities and Exchange Commission (SEC) is providing notice that it is seeking comments on its draft 2010-2015 Strategic Plan. The draft Strategic Plan includes a draft of the SEC's mission, vision, values, strategic goals, planned initiatives, and performance metrics.
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission (``FTC'' or ``Commission'') is adopting revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Guides'').
Availability of Funds and Collection of Checks
The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the head office of the Federal Reserve Bank of Dallas and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland. The Board is also amending the routing number guide to delete the reference to the Los Angeles branch office of the Federal Reserve Bank of San Francisco and to reassign the routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System. The Board is also providing advance notice about anticipated future amendments in connection with the Reserve Banks' restructuring such that by early next year there will only be a single check-processing region for purposes of Regulation CC. Accordingly, at that time there will no longer be any checks that would be considered nonlocal.
Concept Release on Possible Rescission of Rule 436(g) Under The Securities Act of 1933
As part of the Commission's review of the role of credit rating agencies in the operation of the securities markets, and in light of disclosure regarding credit ratings that is being proposed in a companion release, the Commission is seeking comment on whether Rule 436(g) under the Securities Act of 1933 should be rescinded. In particular, we would like to understand whether there continues to be a sufficient basis to exempt nationally recognized statistical rating organizations from Section 7 and 11 of the Securities Act.
Credit Ratings Disclosure
We are proposing amendments to our rules to require disclosure of information regarding credit ratings used by registrants, including closed-end management investment companies, in connection with a registered offering of securities so that investors will better understand the credit rating and its limitations. The amendments we are proposing today also would require additional disclosure that would inform investors about potential conflicts of interest that could affect the credit rating. In addition, we are proposing amendments to require disclosure of preliminary credit ratings in certain circumstances so that investors have enhanced information about the credit ratings process that may bear on the quality or reliability of the rating. The proposed amendments would be applicable to registration statements filed under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940, and Forms 8-K and 20-F.
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