Agencies and Commissions December 29, 2010 – Federal Register Recent Federal Regulation Documents

We are revising our regulations to incorporate changes to the Medicare prescription drug coverage low-income subsidy (Extra Help) program made by the Affordable Care Act which was enacted on March 23, 2010. Under our interpretation of section 3304 of the Affordable Care Act and this interim final rule, if the death of a beneficiary's spouse would decrease or eliminate the subsidy provided by the Extra Help program, we will, based on a determination, or redetermination, extend the effective period of eligibility for the most recent determination or redetermination until 1 year after the month following the month we are notified of the death of the spouse. These regulatory changes will allow us to implement this provision of the Affordable Care Act when it goes into effect on January 1, 2011. We are also revising our regulations to incorporate changes made by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), which affect the way we account for income and resources when determining eligibility for the Extra Help program. The statute provides that we no longer count as a resource the value of any life insurance policy for Extra Help applications filed, or redeterminations that are effective, on or after January 1, 2010. In addition, we will no longer count as income the help a beneficiary receives when someone else provides food and shelter, or pays household bills for food, mortgage, rent, electricity, water, property taxes, or heating fuel or gas. These revisions will update our rules to reflect these statutory changes.

The U.S. Nuclear Regulatory Commission (NRC) is providing for public information its Inventory of Contracts for Services for Fiscal Year (FY) 2010. The inventory includes service contract actions over $25,000 that were awarded in FY 2010.

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 currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on October 13, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 26, ``Fitness for Duty Programs.'' 3. Current OMB approval number: 3150-0146. 4. The form number if applicable: N/A. 5. How often the collection is required: Annually and on occasion. 6. Who will be required or asked to report: Nuclear power reactor licensees licensed under 10 CFR part 50 or 52 (except those who have permanently ceased operations and have verified that fuel has been permanently removed from the reactor); all holders of nuclear power plant construction permits and early site permits with a limited work authorization and applicants for nuclear power plant construction permits that have a limited work authorization under the provisions of 10 CFR part 50; all holders of a combined license for a nuclear power plant issued under 10 CFR part 52 and applicants for a combined license that have a limited work authorization; all licensees, who are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) under the provisions of 10 CFR part 70; all holders of a certificate of compliance of an approved compliance plan issued under 10 CFR part 76, if the holder engages in activities involving formula quantities of SSNM; and all contractor/ vendors (C/V) who implement fitness-for-duty (FFD) programs or program elements to the extent that the licensees and other entities listed in this paragraph rely on those C/V FFD programs or program elements to comply with 10 CFR part 26. 7. An estimate of the number of annual responses: 521,919 (120 total annual reporting responses + 42 recordkeepers + 521,757 third- party responses). 8. The estimated number of annual respondents: 89,510 (31 FFD program responses + 1 Subpart K construction FFD program respondent + 10 HHS-certified laboratories + 89,468 third-party respondents). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 666,824 (6,615 reporting + 358,352 recordkeeping + 301,857 third party disclosure). 10. Abstract: NRC regulations in 10 CFR part 26 prescribe requirements to establish, implement, and maintain fitness-for-duty programs at affected licensees and other entities. The objectives of these requirements are to provide reasonable assurance that persons subject to the rule are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way could adversely affect their ability to safely and competently perform their duties. These requirements also provide reasonable assurance that the effects of fatigue and degraded alertness on individuals' abilities to safely and competently perform their duties are managed commensurate with maintaining public health and safety. The information collections required by part 26 are necessary to properly manage FFD programs and to enable effective and efficient regulatory oversight of affected licensees other entities. These licensees and other entities must perform certain tasks, maintain records, and submit reports to comply with part 26 drug and alcohol provisions and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee's or entity's compliance with NRC regulations, its FFD performance, and of any significant FFD-related event to help maintain public health and safety, promote the common defense and security, and protect the environment. A copy of the final 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 World Wide 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 and questions should be directed to the OMB reviewer listed below by January 28, 2011. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Christine J. Kymn, Desk Officer, Office of Information and Regulatory Affairs (3150-0146), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Christine.J.Kymn@omb.eop.gov or submitted by telephone at (202) 395-4638. The NRC Clearance Officer is Tremaine Donnell, (301) 415-6258.

The Corporation for National and Community Service (CNCS) is releasing a draft of the Notice of Funding Opportunity (NOFO) for the 2011 Social Innovation Fund competition. This release will initiate a public input period that will extend until January 21, 2011. The Social Innovation Fund is an innovative program that awards grants to and works with existing grantmaking institutions, referred to in the Notice as ``intermediaries,'' to direct resources to innovative community-based nonprofit organizations that will identify and grow promising programs with preliminary evidence of effectiveness. These programs will address challenges facing local communities in three priority issue areas: Youth Development; Economic Opportunity; and Healthy Futures This public input process reinforces the commitment of CNCS to maintain the high standard of transparency and openness the Social Innovation Fund demonstrated in its initial year (2010). An open process is also critical to ensure that, moving forward, the Social Innovation Fund is able to select the high quality of grantees required to advance its missionsignificantly and sustainably improving the lives of people in low-income communities throughout the U.S. CNCS has built on the lessons from the 2010 Social Innovation Fund competition, and is proposing several changes from last year's process that are reflected in the draft 2011 document: The Social Innovation Fund is taking additional steps towards transparency consistent with CNCS's commitment to transparency. The NOFO indicates that CNCS plans to release the names and executive summaries of all applications considered for funding, the names of all expert reviewers, and the reviewer comments for all selected grantees. The public comment period will allow us to gauge the sector's thoughts on this issue. To expand the number of intermediaries able to participate in the Social Innovation Fund, we have decreased the maximum dollar amount for which intermediaries can apply from $10 million to $7 million. The minimum level will remain at $1 million. To stimulate the identification of additional high-impact community-based organizations throughout the U.S., intermediaries will not be permitted to include pre-selected subgrantees in their applications. All intermediary applicants will select all of their subgrantees through open, competitive processes initiated after receipt of their award. CNCS has streamlined and clarified the overall content of the NOFO to make it easier for organizations to apply. Particularly we have clarified the eligibility criteria, consolidated guidelines for narrative content, and added information about the review process. CNCS is soliciting public input on the proposed Social Innovation Fund NOFO. As appropriate, the feedback received will be taken into account in the final NOFA. (CNCS will not provide individual responses to feedback received.)

The U.S. International Trade Commission (``Commission'') hereby gives notice that it is inviting the parties to the North American Free Trade Agreement (NAFTA) Chapter 19 panel proceeding in Light-Walled Rectangular Pipe and Tube from Mexico, USA-MEX-1904-04, to file comments in the remand proceeding ordered by the NAFTA binational panel. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).

The General Services Administration's (GSA) annual privately owned vehicle (POV) mileage reimbursement rate reviews have resulted in new CY 2011 rates for the use of privately owned automobiles (POA), POAs when Government owned automobiles (GOA) are authorized, and motorcycles for official purposes. No change resulted for the use of privately owned airplanes. FTR Bulletin 11-03 establishes these new CY 2011 mileage reimbursement rates, pursuant to the process discussed below. This notice of subject bulletin is the only notification of revisions to the POV rates to agencies other than the changes posted on the GSA website. GSA determines these rates by reviewing the annual standard automobile study conducted by the Internal Revenue Service, as well as conducting motorcycle and aircraft studies, and/or by applying consumer price index data.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on October 22, 2010, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

The Millennium Challenge Corporation (MCC) is reporting for the quarter July 1, 2010 through September 30, 2010, on assistance provided under section 605 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), as amended (the Act), and on transfers or allocations of funds to other federal agencies under section 619(b) of the Act. The following report will be made available to the public by publication in the Federal Register and on the Internet Web site of the MCC (https://www.mcc.gov) in accordance with section 612(b) of the Act.

Section 423(c) of the Tax Reform Act of 1986, as amended (19 U.S.C. 2703 note), requires the United States International Trade Commission to determine annually the amount (expressed in gallons) that is equal to 7 percent of the U.S. domestic market for fuel ethyl alcohol during the 12-month period ending on the preceding September 30. This determination is to be used to establish the ``base quantity'' of imports of fuel ethyl alcohol with a zero percent local feedstock requirement that can be imported from U.S. insular possessions or CBERA-beneficiary countries. The base quantity to be used by U.S. Customs and Border Protection in the administration of the law is the greater of 60 million gallons or 7 percent of U.S. consumption, as determined by the Commission. For the 12-month period ending September 30, 2010, the Commission has determined the level of U.S. consumption of fuel ethyl alcohol to be 12.506 billion gallons; 7 percent of this amount is 875.4 million gallons (these figures have been rounded). Therefore, the base quantity for 2011 should be 875.4 million gallons. The Commission's determination is based on official data of the U.S. Department of Energy and the U.S. Department of Commerce.

The Commission proposes changing the effective date for its new light bulb labeling requirements (published on July 19, 2010, 75 FR 41696) to January 1, 2012, to provide manufacturers with additional time to incorporate the new label on their packaging. The Commission also proposes not requiring the new label for incandescent bulbs (e.g., 75 watt bulbs) that, as of 2013, will not meet federal energy efficiency standards.

The Board is publishing for comment an interim rule amending Regulation Z, which implements the Truth in Lending Act (TILA). This interim rule revises the Board's interim rule published on September 24, 2010, which implemented certain requirements of the Mortgage Disclosure Improvement Act of 2008. The September 2010 interim rule requires creditors who extend consumer credit secured by real property or a dwelling to disclose summary information about interest rates and payment changes in a tabular format. The Board is issuing this interim rule to clarify certain provisions of the September 2010 interim rule. Specifically, this rule clarifies the requirements for adjustable-rate transactions that are ``5/1 ARM'' loans. It corrects the requirements for interest-only loans to clarify that the disclosures should reflect the date of the interest rate change rather than the date the first payment is due under the new rate. This interim rule also revises the definition of ``negative amortization loans'' to clarify which transactions are covered by the special disclosure requirements for such loans.