Agencies and Commissions November 2010 – Federal Register Recent Federal Regulation Documents
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Records Schedules; Availability and Request for Comments
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).
Next Meeting of the North American Numbering Council
The Commission released a public notice announcing the meeting and agenda of the North American Numbering Council (NANC). The intended effect of this action is to make the public aware of the NANC's next meeting and agenda.
Penalty Settlement Procedure
The Federal Mine Safety and Health Review Commission (the ``Commission'') is an independent adjudicatory agency that provides hearings and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977, or Mine Act. Hearings are held before the Commission's Administrative Law Judges, and appellate review is provided by a five-member Review Commission appointed by the President and confirmed by the Senate. The Commission is publishing a final rule to streamline the process for settling civil penalties assessed under the Mine Act.
Procedural Manual for the Election Assistance Commission's Voting System Testing and Certification Program, Version 2.0
The U.S. Election Assistance Commission (EAC) is publishing a procedural manual for its Voting System Testing and Certification Program. This manual sets the administrative procedures for obtaining an EAC Certification for voting systems. Participation in the program is strictly voluntary. The program is mandated by the Help America Vote Act (HAVA) at 42 U.S.C. 15371.
Securities of Nonmember Insured Banks
The FDIC is revising its securities disclosure regulations applicable to state nonmember banks with securities required to be registered under section 12 of the Securities Exchange Act of 1934 (Exchange Act). The final rule cross references changes in regulations adopted by the Securities and Exchange Commission (SEC) into the provisions of the FDIC's securities regulations. Cross referencing will assure that the FDIC's regulations remain substantially similar to the SEC's regulations, as required by law. The final rule provides general references to SEC regulations by title and part of the Code of Federal Regulations (CFR), rather than by specific references to sections and subparts of the CFR as are currently provided in part 335. This revision reflects changes to SEC regulations with respect to small business issuers and will provide general guidance to FDIC filers regarding the electronic filing of certain documents. The amendments to part 335 references to SEC regulations will greatly reduce the need for future revisions of part 335, and the FDIC's regulations will be consistent with the SEC regulations through the cross reference stated in 12 CFR 335.101.
Assessments, Large Bank Pricing
This document corrects the preamble to a proposed rule published in the Federal Register of November 24, 2010, regarding Assessments, Large Bank Pricing. This correction clarifies that the comment period for the Assessments, Large Bank Pricing ends January 3, 2011.
Post Office Closing
This document informs the public that an appeal of the closing of the Eugene Post Office's University Station in Eugene, Oregon, has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioner, and others to take appropriate action.
Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., containing a civil penalty of $100,000.00.
Senior Executive Service (SES) Performance Review Board; Members
Notice is hereby given of the appointment of members of the National Archives and Records Administration (NARA) Performance Review Board.
Post Office Closing
This document informs the public that an appeal of the closing of the Graves Mill, Virginia post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioner, and others to take appropriate action.
Office of the Commissioner; Cost-of-Living Increase and Other Determinations for 2011; Correction
Under title II of the Social Security Act (Act), there will be no cost-of-living increase in Social Security benefits effective for December 2010. As a result, the following items will remain at their 2010 levels: (1) The maximum Federal Supplemental Security Income (SSI) monthly benefit amounts for 2011, under title XVI of the Act, will remain $674 for an eligible individual, $1,011 for an eligible individual with an eligible spouse, and $338 for an essential person; (2) The special benefit amount under title VIII of the Act for certain World War II veterans will remain $505.50 in 2011; (3) The student earned income exclusion under title XVI of the Act will remain $1,640 per month in 2011, but not more than $6,600 in all of 2011; (4) The dollar fee limit for services performed as a representative payee will remain $37 per month ($72 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2011; (5) The dollar limit on the administrative-cost assessment charged to attorneys representing claimants will remain $83 in 2011; (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base will remain $106,800 for remuneration paid in 2011 and self-employment income earned in taxable years beginning in 2011; (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2011 will remain $1,180 and $3,140; (8) The ``old-law'' contribution and benefit base under title II of the Act will remain $79,200 for 2011; and (9) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2011 will remain $1,640. The national average wage index for 2009 is $40,711.61. This index affects the following items: (1) The dollar amounts (``bend points'') used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2011 will be $749 and $4,517; (2) The bend points used in the formula for computing maximum family benefits for workers who become eligible for benefits, or who die before becoming eligible, in 2011 will be $957, $1,382, and $1,803; (3) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2011 will be $1,120; (4) The monthly amount deemed to constitute substantial gainful activity for non-blind disabled persons will be $1,000 in 2011; (5) The earnings threshold establishing a month as a part of a trial work period will be $720 for 2011; and (6) Coverage thresholds for 2011 will be $1,700 for domestic workers and $1,500 for election officials and election workers.
In the Matter of Certain Mobile Devices and Related Software; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 29, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Apple Inc., f/k/a Apple Computer, Inc. of Cupertino, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile devices and related software by reason of infringement of certain claims of U.S. Patent No. 7,812,828 (``the '828 patent''); U.S. Patent No. 7,663,607 (``the '607 patent''); and U.S. Patent No. 5,379,430 (``the '430 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.
In the Matter of Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof; Notice of Investigation; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 25, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Thomson Licensing SAS of France and Thomson Licensing LLC of Princeton, New Jersey. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain liquid crystal display devices, including monitors, televisions, and modules, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,978,063 (``the `063 patent''); U.S. Patent No. 5,621,556 (``the `556 patent''); and U.S. Patent No. 5,375,006 (``the `006 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
Notice of Public Information Collection(s) Being Submitted for Review and Approval to the Office of Management and Budget (OMB), Comments Requested
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection. 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; (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; and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees. The FCC 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. Dates: Written Paperwork Reduction Act (PRA) comments should be submitted on or before December 30, 2010. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. Addresses: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or the Internet at Nicholas_A._Fraser@omb.eop.gov; and to the Federal Communications Commission's PRA mailbox (e-mail address: PRA@fcc.gov). Include in the e-mail the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below, or if there is no OMB control number, include the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by email, contact the person listed below to make alternate arrangements. For Further Information Contact: For additional information, contact Judith B. Herman at 202-418-0214 or via the Internet at Judith- b.herman@fcc.gov. Supplementary Information: OMB Control Number: 3060-1092. Title: Interim Procedures for Filing Applications Seeking Approval for Designated Entity Reportable Eligibility Events and Annual Reports. Form Nos.: FCC Form 609-T and 611-T. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit, not-for-profit institutions, and state, local or tribal government. Number of Respondents: 1,100 respondents; 2,750 responses. Estimated Time per Response: FCC Form 609-T is estimated at 4 hours per response; FCC Form 611-T is estimated at 6 hours per response. Frequency of Response: Annual and on occasion reporting requirement and third party disclosure requirement. Obligation To Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 4(i), 308(b), 309(j)(3) and 309(j)(4). Total Annual Burden: 7,288 hours. Total Annual Cost: $1,494,625. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: Some respondents may assert that some data and/or agreements that they are filing in response to these information collection requirements include confidential information or trade secrets. The Commission has long established procedures for accepting confidential and market-sensitive documents and information via the Commission's Universal Licensing System (ULS). These long standing procedures will be followed to ensure that no confidential materials or trade secrets are disclosed. Most of the information collected will be made available for public inspection. Applicants may seek confidential treatment pursuant to 47 CFR 0.459 of the Commission's rules governing requests to withhold from public inspection information submitted to the Commission. The ULS allows for information to be filed confidentially. Confidentially filed materials will only be accessible to Commission employees who have been issued passwords. Needs and Uses: The Commission will submit this expiring information collection (IC) to the OMB during this comment period. The Commission is reporting no change in its burden hour or annual cost estimates. The Commission is seeking OMB approval for an extension (there are no change to the reporting requirements). FCC Form 609-T is used by Designated Entities (DEs) to request prior Commission approval pursuant to Section 1.2114 of the Commission's rules for any reportable eligibility event. The data collected on the form is used by the FCC to determine whether the public interest would be served by the approval of the reportable eligibility event. FCC Form 611-T is used by DE licensees to file an annual report, pursuant to section 1.2110(n) of the Commission's rules, related to eligibility for designated entity benefits. The information collected will be used to ensure that only legitimate small businesses reap the benefits of the Commission's designated entity program. Further, this information will assist the Commission in preventing companies from circumventing the objectives of the designated entity eligibility rules by allowing us to review: (1) The FCC Form 609-T applications seeking approval for ``reportable eligibility events'' and (2) the FCC Form 611-T annual reports to ensure that licensees receiving designated entity benefits are in compliance with the Commission's policies and rules.
Notice of Public Information Collection(s) Being Submitted for Review and Approval to the Office of Management and Budget (OMB), Comments Requested
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection. 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; (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; and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees. The FCC 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.
Public Safety and Homeland Security Bureau; Federal Advisory Committee Act; Communications Security, Reliability, and Interoperability Council
In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will hold its fourth meeting on December 13, 2010, at 9 a.m. in the Commission Meeting Room of the Federal Communications Commission, Room TW-C305, 445 12th Street, SW., Washington, DC 20554.
Safety Analysis Requirements for Defining Adequate Protection for the Public and the Workers
Pursuant to 42 U.S.C. 2286a(a)(5), the Defense Nuclear Facilities Safety Board has made a recommendation to the Secretary of Energy requesting an amendment to the Department of Energy's nuclear safety rule, 10 CFR part 830. An incorrect electronic file was submitted to the Federal Register and published on November 15, 2010 (75 FR 69648). The corrected text of the recommendation approved by the Board is below. The Board is extending the public comment period to allow for consideration of this correction by all interested parties.
NASA Advisory Council; Science Committee; Astrophysics Subcommittee; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Astrophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning.
Miscellaneous Administrative Changes
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make miscellaneous administrative changes, including an update of the list of Agreement and Non-Agreement States, the merging of the Region II materials program with that of Region I, the correction of office titles associated with the Office of Nuclear Material Safety and Safeguards and the Office of Federal and State Materials and Environmental Management Programs, the inclusion of references to new Executive Order (E.O.) 13526, and other edits, corrections, and conforming changes. This document is necessary to inform the public of these changes to the NRC's regulations.
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with the Commission's rules and FCC Forms 301, 314, 315, 316 and 340. These rules and form changes were approved on May 27, 2010 and June 4, 2010 and the compliance date will be November 30, 2010.
Sunshine Act Meeting; Open Commission Meeting
The Commission will consider a Notice of Proposed Rulemaking seeking comment on rules to facilitate the most efficient use of the UHF and VHF TV bands. These proposals, an important step toward the agency's spectrum goals as outlined in the National Broadband Plan, would take steps to enable mobile broadband use within spectrum currently reserved for use by TV broadcasters, including through innovations such as channel sharing and generating increased value within the VHF band. 2.......................... OFFICE OF ENGINEERING AND TITLE: Promoting Expanded Opportunities for Radio TECHNOLOGY. Experimentation and Market Studies under Part 5 of the Commission's Rules and Streamlining Other Related Rules; 2006 Biennial Review of Telecommunications RegulationsPart 2 Administered by the Office of Engineering and Technology (OET) (ET Docket No. 06-105). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking seeking comment on steps to promote innovation and efficiency in spectrum use under Part 5 Experimental Radio Service (ERS). 3.......................... OFFICE OF ENGINEERING AND TITLE: Promoting More Efficient Use of Spectrum TECHNOLOGY AND WIRELESS Through Dynamic Spectrum Use Technologies. TELECOMMUNICATIONS. SUMMARY: The Commission will consider a Notice of Inquiry seeking comment on promoting more intensive and efficient use of the radio spectrum, thereby potentially enabling more effective spectrum management, through dynamic spectrum use technologies.
Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA); Amendments to Section 340 of the Communications Act
In this document, the Commission modifies its satellite television ``significantly viewed'' rules to implement Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA). Section 203 of the STELA amends Section 340 of the Communications Act, which gives satellite carriers the authority to offer out-of-market but ``significantly viewed'' broadcast television network stations as part of their local service to subscribers. The STELA requires the Commission to promulgate final rules in this proceeding on or before November 24, 2010.
Data Collection Available for Public Comments and Recommendations
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.
Agency Information Collection Activities: Proposed Collection; Comment Request
The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: ``DOE/NRC Form 741 (Nuclear Material Transaction Report) and Associated Instructions (NUREG/BR-0006)'' 2. Current OMB approval number: 3150-0003. 3. How often the collection is required: Form 741 is submitted when specified events occur (nuclear material or source material transfers, receipts, or inventory changes). 4. Who is required or asked to report: Persons licensed to possess specified quantities of special nuclear material or source material. Any licensee who ships, receives, or otherwise undergoes an inventory change of special nuclear or source material is required to submit a Form 741 to document the change. 5. The number of annual respondents: For DOE/NRC Form 741, there are approximately 400 respondents annually. 6. The number of hours needed annually to complete the requirement or request: 20,616 hours. 7. Abstract: NRC is required to collect nuclear material transaction information for domestic safeguards use and to make it available to the International Atomic Energy Agency (IAEA). Licensees use Form 741 to make inventory and accounting reports for certain source or special nuclear material, or for transfer or receipt of 1 kilogram or more of source material. This form enables NRC to collect, retrieve, analyze, and submit the data to IAEA to fulfill its reporting responsibilities. Submit, by January 28, 2011, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft 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 submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2010-0338. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2010-0338. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.
Certain Video Displays, Components Thereof, and Products Containing Same; Notice of Commission Determination to Review a Final Initial Determination in Part and Set a Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on September 17, 2010, in the above-captioned investigation.
Certain Printing and Imaging Devices and Components Thereof; Notice of Commission Determination To Review-in-Part a Final Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review a portion of the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on September 23, 2010 finding a violation of section 337 and to request briefing on the issues under review and on remedy, the public interest, and bonding.
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