Agencies and Commissions April 9, 2010 – Federal Register Recent Federal Regulation Documents

The U.S. Office of Personnel Management is issuing proposed regulations that would implement the ruling in the case of Fathauer v. United States, 566 F.3d 1352 (Fed. Cir. 2009). In this decision the United States Court of Appeals for the Federal Circuit ruled that part- time employees are covered under the provisions of 5 U.S.C. 5546(a), the statute governing the payment of Sunday premium pay for work performed on Sundays. The revised Sunday premium pay regulations would eliminate references to ``full-time'' employees, which will permit Sunday premium payments to part-time employees, pursuant to 5 U.S.C. 5546(a). Prevailing rate employees are entitled to payment of Sunday premium pay, pursuant to 5 U.S.C. 5544(a). Consistent with the reasoning in the Fathauer decision, OPM has determined that part-time prevailing rate employees are covered under the provisions of 5 U.S.C. 5544(a).

The U.S. Election Assistance Commission (EAC) is publishing a procedural manual for its Pilot Voting System Testing and Certification Program Manual for a fifteen day public comment period. This program sets the administrative procedures for manufacturers seeking certification of pilot voting systems to be used in a federal election.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.

The Consumer Product Safety Commission (Commission) announces the first meeting of the Chronic Hazard Advisory Panel (CHAP) on Phthalates. The Commission appointed this CHAP to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110-314).

The National Science Foundation (NSF) is announcing plans to request renewed clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting OMB clearance of this collection for no longer than 3 years.

The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products previously furnished by such agencies.

Background. Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

The Commission is noticing a recently-filed Postal Service Request to add Global Reseller Expedited Package Contracts Negotiated Service Agreements to the Competitive Product List, along with a

Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of 19 U.S.C. 1337 by Hanjiang Fei Yu Electronics Equipment Factory of China; Zhongguang Electronics of China; Yangzhou Zhongguang Electronics Co. of China; and Yangzhou Zhongguang Foreign Trade Co. Ltd. of China (collectively, ``defaulting respondents'') with respect to U.S. Patent Nos. 6,558,194 (``the `194 patent'') and D519,076 (``the `076 patent'') in the above- captioned investigation. The Commission has also determined that neither respondents Fu-Ching Technical Industry Co., Ltd. of Taiwan (``Fu-Ching''), Gem Electronics, Inc. of Windsor, Connecticut (``Gem'') (collectively, ``active respondents'') nor the defaulting respondents have violated section 337 in connection with U.S. Patent No. 5,470,257 (``the `257 patent''). The Commission has determined to issue a general exclusion order and a limited exclusion order. The Commission has also determined to issue a remand order remanding the portion of the investigation relating to U.S. Patent No. D440,539 (``the `539 patent'') to the administrative law judge (``ALJ'') for further proceedings. The Commission has determined to extend the target date by 60 days until May 26, 2010.

This notice is provided in accordance with 40 Code of Federal Regulations (CFR) parts 1500-1508 of the National Environmental Policy Act (NEPA), and USIBWC procedures for implementing NEPA. The USIBWC anticipates the need to improve existing levees in the Presidio FCP or to relocate portions of the Presidio FCP levees. An Environmental Impact Statement (EIS) was prepared to evaluate potential consequences of each action alternative in reference to flood control improvements. Following the evaluation of each alternative in the EIS, the USIBWC selected Alternative 2 (rehabilitation of existing levee to provide 25- year flood protection) as the preferred alternative, and will use the ETS as a guide in developing construction plans.