Agencies and Commissions July 2013 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission (Commission or EEOC) gives notice that it has submitted to the Office of Management and Budget (OMB) a request for an extension without change of the existing collection requirements under 29 CFR 1625.22, Waivers of rights and claims under the Age Discrimination in Employment Act (ADEA). No public comments were received in response to the EEOC's May 14, 2013 60-Day notice soliciting comments on the proposed extension of this collection.

The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take the opportunity to comment on the renewal of existing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). On April 23, 2013, the FDIC requested comment for 60 days on a proposal to renew the following information collections: Securities of Insured Nonmember Banks, OMB Control No. 3064-0030, Activities and Investments of Savings Associations, OMB Control No. 3064-0104, and Forms Relating to Outside Counsel, Legal Support & Expert Services, OMB Control No. 3064-0122. No comments were received. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of these collections, and again invites comment on these renewals.

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 instruments 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 hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigation Nos. 731-TA-1224-1225 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from Russia and Venezuela of Ferrosilicon, provided for in subheadings 7202.21.10, 7202.21.50, 7202.21.75, 7202.21.90, and 7202.29.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by September 3, 2013. The Commission's views are due at Commerce within five business days thereafter, or by September 10, 2013. For further information concerning the conduct of these investigations 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, subparts A and B (19 CFR part 207).

Notice is hereby given that the U.S. International Trade Commission has determined not to review the administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 11) granting a joint motion to terminate the investigation in its entirety and has entered consent orders.

The Commission is establishing a proceeding to review several issues concerning the Competitive Products Fund. These include inter- fund transfers (of amounts from the Postal Service Fund to the Competitive Products Fund); the use of amounts from the Competitive Products Fund to prepay certain costs; and calculation and transfer of the assumed federal income tax. The Commission is also issuing a related issuing an information request directed to the Postal Service. Following receipt of the Postal Service's responses, the Commission may take further steps, including issuance of a notice of inquiry or an invitation for public comment. This notice informs the public of this proceeding and the information request and takes other administrative steps.

This notice advises the public that the National Labor Relations Board is restructuring and realigning the location and lines of authority of certain of its Headquarters' offices to create an independent Division of Legal Counsel reporting to the Office of the General Counsel. These administrative changes are being adopted in order to centralize the services of several Headquarters' offices, eliminate duplication of functions, improve the delivery of services, and streamline, integrate and enhance management functions.

The National Labor Relations Board is restructuring its Regional Offices in Puerto Rico and Milwaukee to designate them as Subregional Offices assigned to the supervision of the Tampa and Minneapolis Regional Offices, respectively. Concurrent with this Notice, the National Labor Relations Board is revising its Statement of Organization and Functions accordingly. These changes are prompted by a decline in unfair labor practice and representation case filings in each of the Regional Offices subject to this restructuring and a desire to equalize caseload and case management responsibilities in all affected Offices. The revisions are nonsubstantive or merely procedural in nature.

This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the Export-Import Bank of the United States (``Ex-Im Bank''), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this transaction. Reference: AP088035XX. Purpose and Use: Brief description of the purpose of the transaction: To support the export of U.S.-manufactured commercial aircraft to Norway. Brief non-proprietary description of the anticipated use of the items being exported: To be used for medium-haul and long-haul air service between Norway/Sweden and destinations in Asia, United States and other countries. To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported may be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry. Parties: Principal Supplier: The Boeing Company. Obligor: Norwegian Air Shuttle ASA. Guarantor(s): N/A. Description of Items Being Exported: The items being exported are Boeing 787 aircraft. Information on Decision: Information on the final decision for this transaction will be available in the ``Summary Minutes of Meetings of Board of Directors'' on https://exim.gov/newsandevents/boardmeetings/ board/. Confidential Information: Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States.

The Postal Service is revising the rules concerning authorization to manufacture and distribute postage evidencing systems to reflect that the Office of Postage Technology Management is now known as Payment Technology and has a new mailing address.

We are adopting amendments to our rules to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 926 requires us to adopt rules that disqualify securities offerings involving certain ``felons and other `bad actors''' from reliance on Rule 506 of Regulation D. The rules must be ``substantially similar'' to Rule 262 under the Securities Act, which contains the disqualification provisions of Regulation A under the Securities Act, and must also cover matters enumerated in Section 926 of the Dodd-Frank Act (including certain state regulatory orders and bars).

We are adopting amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 to implement Section 201(a) of the Jumpstart Our Business Startups Act. The amendment to Rule 506 permits an issuer to engage in general solicitation or general advertising in offering and selling securities pursuant to Rule 506, provided that all purchasers of the securities are accredited investors and the issuer takes reasonable steps to verify that such purchasers are accredited investors. The amendment to Rule 506 also includes a non-exclusive list of methods that issuers may use to satisfy the verification requirement for purchasers who are natural persons. The amendment to Rule 144A provides that securities may be offered pursuant to Rule 144A to persons other than qualified institutional buyers, provided that the securities are sold only to persons that the seller and any person acting on behalf of the seller reasonably believe are qualified institutional buyers. We are also revising Form D to require issuers to indicate whether they are relying on the provision that permits general solicitation or general advertising in a Rule 506 offering. Also today, in a separate release, to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, we are adopting amendments to Rule 506 to disqualify issuers and other market participants from relying on Rule 506 if ``felons and other `bad actors' '' are participating in the Rule 506 offering. We are also today, in a separate release, publishing for comment a number of proposed amendments to Regulation D, Form D and Rule 156 under the Securities Act that are intended to enhance the Commission's ability to evaluate the development of market practices in Rule 506 offerings and address certain comments made in connection with implementing Section 201(a)(1) of the Jumpstart Our Business Startups Act.

The Commission has before it a petition for rulemaking filed by KGAN Licensee, LLC (``KGAN Licensee''), the licensee of KGAN(TV), channel 51, Cedar Rapids, Iowa, requesting the substitution of channel 29 for channel 51 at Cedar Rapids. While the Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, it subsequently announced that it would lift the freeze to accept such petitions for rulemaking seeking to relocate from channel 51 pursuant to a voluntary relocation agreement with Lower 700 MHz A Block licensees. KGAN Licensee has entered into such a voluntary relocation agreement with King Street Wireless, L.P., stating that operating on channel 29 would remove any potential interference with a wireless operation located directly adjacent to channel 51 in Cedar Rapids. KGAN Licensee believes the grant of this petition would serve the public interest.

The Corporation for National and Community Service (CNCS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C.. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, CNCS is soliciting comments concerning its proposed renewal of the Segal AmeriCorps Education Award Matching Program Commitment Form. This form is submitted by institutions of higher education that provide educational benefits for AmeriCorps alumni. These benefits can include matching the AmeriCorps Education Award that members receive after successful completion of the AmeriCorps program, scholarships, and application fee waivers. Completion of this information collection is required for institutions to enroll in the Segal AmeriCorps Education Award Matching Program and appear on the Segal AmeriCorps Education Award Matching Program section of the Corporation for National and Community Service Web site. Copies of the information collection request can be obtained by contacting the office listed in the Addresses section of this Notice.

The U.S. Nuclear Regulatory Commission (NRC) will consider the issues raised in the petition for rulemaking (PRM), PRM-50-100, submitted by the Natural Resources Defense Council, Inc. (NRDC or the petitioner), in the rulemaking process. The petitioner requests that the NRC amend its regulations to require each operating and new reactor licensee to improve spent nuclear fuel safety. The NRC determined that the issues raised in the PRM are appropriate for consideration and will consider them in the ongoing ``Station Blackout Mitigation Strategies'' rulemaking.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the revised information collections for Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters adopted in an Order on Reconsideration of the Commission's rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band,'' WT Docket No. 07-293, IB Docket No. 95- 91 (FCC 12-130). This notice is consistent with the Order on Reconsideration, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.