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

The Committee for the Implementation of Textile Agreements (``CITA'') has determined that certain polyester/nylon cut corduroy fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

The U.S. Nuclear Regulatory Commission (NRC) has concluded that existing exemptions from its regulations, ``Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,'' for Fire Areas ETN-4 and PAB-2, issued to Entergy Nuclear Operations, Inc. (the licensee), for operation of Indian Point Nuclear Generating Unit 3 (Indian Point 3), located in Westchester County, NY, will remain as originally granted and will not be modified.

This document announces the approval of the Office of Management and Budget (OMB) for information collection requirements in the sections of regulations concerning pole attachments outlined in the DATES section.

The Commission has a safety standard requiring that disposable and novelty lighters meet specified requirements for child resistance. The standard defines ``disposable lighters,'' in part, as refillable lighters that use butane or similar fuels and have a Customs Value or ex-factory price below a threshold value (initially set at $2.00 in 1993). The standard provides that the initial $2.00 value adjusts every 5 years for inflation, as measured by the percentage change since June 1993, in the monthly Producer Price Index (PPI) for Miscellaneous Fabricated Products. The adjustment is rounded to the nearest $0.25 increment. The price adjusted in November 2003, when changes in the PPI from June 1993 to June 2003 indicated a revised Customs Value or ex- factory price of $2.25. Due to an increase in the PPI, the Customs Value or ex-factory price has recently adjusted to $2.50. This rule revises the cigarette lighter standard to state that the import value has adjusted to $2.50 based on the change to the PPI.

On May 14, 2013, the U.S. Nuclear Regulatory Commission (NRC) published a request for public comment on the DSRS for the mPower\TM\ design (mPower\TM\ DSRS). The purpose of the mPower\TM\ DSRS is to more fully integrate the use of risk insights into the review of a design certification (DC), an early site permit (ESP) or a combined license (COL) that incorporates the mPower\TM\ design. The public comment period was originally scheduled to close on August 16, 2013. Generation mPower submitted a letter on August 8, 2013 (ADAMS Accession No. ML13224A163), requesting an extension of the public comment period until September 16, 2012, on specific sections of the mPower\TM\ DSRS. The NRC has decided to re-open the public comment period on those specific sections of the mPower\TM\ DSRS to allow more time for members of the public to assemble their comments on those sections.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

The Advisory Committee on Rules of Appellate Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The Commission is issuing a set of final rules addressing the price cap for market dominant price adjustments. Adoption of the rules follows a review of comments on proposed rules. In brief, proposed rules that generated no opposition have been adopted. Proposed rules that raised easily-resolved questions have been modified, as appropriate, and adopted. Action on proposals that generated significant opposition (such as the treatment of service reductions and promotional and incentive rates) has been deferred in the interest of additional research and analysis. Adoption of these rules will facilitate consideration of market dominant postal rate adjustments.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 19, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corporation of San Diego, California; ResMed Incorporated of San Diego, California; and ResMed Limited of Australia. 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 sleep- disordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,997,267 (``the '267 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. Patent No. 7,938,116 (``the '116 patent''), U.S. Patent No. 7,341,060 (``the '060 patent''), U.S. Patent No. 8,312,883 (``the '883 patent''), U.S. Patent No. 7,926,487 (``the '487 patent''), U.S. Patent No. 7,178,527 (``the '527 patent''), and U.S. Patent No. 7,950,392 (``the '392 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 a limited exclusion order and cease and desist orders.

The U.S. Nuclear Regulatory Commission (NRC) is making available for comment Emergency Preparedness (EP) frequently asked questions (EPFAQs) No. 2013-004, No. 2013-006, and No. 2013-007. These EPFAQs will be used to provide clarification of guidance documents related to the development and maintenance of EP program elements. The NRC is publishing these preliminary results to inform the public and solicit comments.

The Committee is proposing to add products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

The U.S. Nuclear Regulatory Commission (NRC) staff acknowledges receipt of the second and final part of a two-part application for a construction permit, submitted by SHINE Medical Technologies, Inc. (SHINE).

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 take this opportunity to comment on the following information collection(s). Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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 ways to further reduce the information 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 OMB 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 OMB control number.