Agencies and Commissions April 14, 2014 – Federal Register Recent Federal Regulation Documents
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Meeting of the Judicial Conference Committee on Rules of Practice and Procedure
The Committee on Rules of Practice and Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.
Public Quarterly Meeting of the Board of Directors
The US African Development Foundation (USADF) will hold its quarterly meeting of the Board of Directors to discuss the agency's programs and administration.
Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 5, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FMC Corporation of Philadelphia, Pennsylvania. A letter clarifying the complaint was filed on March 26, 2014. 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 sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone by reason of infringement of certain claims of U.S. Patent No. 7,169,952 (``the '952 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 a limited exclusion order and cease and desist orders. A motion for temporary relief filed concurrently with the complaint, requests that the Commission issue a temporary limited exclusion order and temporary cease and desist order prohibiting the importation into and the sale within the United States after importation of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe claims 25-28 of the '952 patent during the course of the Commission's investigation.
Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems, Navigational Aids, Mapping Systems and Related Software; Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Partially Terminate the Investigation as To Certain Claims and for Leave To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 12) of the presiding administrative law judge (``ALJ'') granting an unopposed motion (1) to partially terminate the investigation as to claims 1-3, 11, 12, 14, 16, 17, and 19 of United States Patent No. 6,084,565 (``the '565 patent'') and (2) for leave to amend the complaint and notice of investigation to remove references to the canceled claims and certain accused products.
Public Hearing
The Susquehanna River Basin Commission will hold a public hearing on May 8, 2014, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. Such projects are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for June 5, 2014, which will be noticed separately. The Commission will also hear testimony on: (1) Amending its Regulatory Program Fee Schedule; (2) amending its Records Processing Fee Schedule; and (3) amending the Comprehensive Plan for the Water Resources of the Susquehanna River Basin. The public should take note that this public hearing will be the only opportunity to offer oral comment to the Commission for the listed projects and other items. The deadline for the submission of written comments is May 19, 2014.
Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof; Commission Determination To Review in Part A Final Initial Determination Finding a Violation of Section 337; Schedule for Briefing 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 a final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ''), finding a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation.
ALPS ETF Trust, et al.; Notice of Application
Summary of Application: Applicants request an order that would permit (a) series of certain open-end management investment companies to issue shares (``Shares'') redeemable in large aggregations only (``Creation Units''); (b) secondary market transactions in Shares to occur at negotiated market prices rather than at net asset value (``NAV''); (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of Shares for redemption; (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares; and (f) certain series to perform creations and redemptions of Creation Units in-kind in a master-feeder structure. Applicants: ALPS ETF Trust (``Trust''), ALPS Advisors, Inc. (``Current Adviser''), and ALPS Distributors, Inc. and ALPS Portfolio Solutions Distributor, Inc. (collectively, the ``Distributor'').
Professionally Managed Portfolios and Balter Liquid Alternatives, LLC; Notice of Application
Summary of Application: Applicants request an order that would permit them to enter into and materially amend sub-advisory agreements without shareholder approval and that would grant relief from certain disclosure requirements. Applicants: Professionally Managed Portfolios (the ``Trust'') and Balter Liquid Alternatives, LLC (the ``Adviser'') (collectively, ``Applicants'').
Information Collection Request; Submission for OMB Review
The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 30 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Peace Corps received no comments during the 60-day notice.
Information Collection Request Submission for OMB Review
Peace Corps as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on the ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.). This collection was developed as part of a Federal Government- wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces our intent to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed information collection.
Information Collection Request; Submission for OMB Review
The Peace Corps will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow 30 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). This process is conducted in accordance with 5 CFR 1320.10. Peace Corps received no comments during the 60-day notice.
Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-Weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule
The Federal Deposit Insurance Corporation (FDIC) is adopting as final an interim final rule that revised the risk-based and leverage capital requirements for FDIC-supervised institutions, with no substantive changes. This final rule is substantively identical to a joint final rule issued by the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) (together, with the FDIC, the agencies). The interim final rule became effective on January 1, 2014; however, the mandatory compliance date for FDIC-supervised institutions that are not subject to the advanced internal ratings-based approaches (advanced approaches) is January 1, 2015.
Restrictions on Sales of Assets of a Covered Financial Company by the Federal Deposit Insurance Corporation
The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule (the ``final rule'') to implement a section of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd- Frank Act''). Under that section, individuals or entities that have, or may have, contributed to the failure of a ``covered financial company'' cannot buy a covered financial company's assets from the FDIC. The final rule establishes a self-certification process that is a prerequisite to the purchase of assets of a covered financial company from the FDIC.
Information Collection; Federal Acquisition Regulation; Certification of Independent Price Determination and Parent Company and Identifying Data
Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning certification of independent price determination and parent company and identifying data.
Agency Information Collection Activities: Proposed Collection; Comment Request
The U.S. Nuclear Regulatory Commission (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: Notice of Enforcement Discretion for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy). 2. Current OMB approval number: 3150-0136. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: Those licensees that voluntarily request enforcement discretion through the notice of enforcement discretion (NOED) process, and are granted enforcement discretion. 5. The number of annual respondents: 12. 6. The number of hours needed annually to complete the requirement or request: 1492. 7. Abstract: The NRC's Enforcement Policy includes the circumstances in which the NRC may grant an NOED. On occasion, circumstances arise when a power plant licensee's compliance with a Technical Specification (TS) Limiting Condition for Operation or any other license condition would involve an unnecessary plant shutdown. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement (TSR) or other condition would unnecessarily call for a total plant shutdown, or, compliance would unnecessarily place the plant in a condition where safety, safeguards or security features were degraded or inoperable. In these circumstances, a licensee or certificate holder may request that the NRC exercise enforcement discretion, and the NRC staff may choose to not enforce the applicable TS, TSR, or other license or certificate condition. This enforcement discretion is designated as a NOED. A licensee or certificate holder seeking the issuance of an NOED must document the safety basis for the request, including an evaluation of the safety significance and potential consequences of the proposed request, a description of proposed compensatory measures, a justification for the duration of the request, the basis for the licensee's or certificate holder's conclusion that the request does not have a potential adverse impact on the public health and safety, and does not involve adverse consequences to the environment, and any other information the NRC staff deems necessary before making a decision to exercise discretion. In addition, the NRC's Enforcement Policy includes a provision allowing licensees to voluntarily adopt fire protection requirements contained in the National Fire Protection Association Standard 805, ``Performance Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition'' (NFPA 805). Licensees who wish to implement the risk-informed process in NFPA 805 must submit a letter of intent to the NRC. Licensees who wish to withdraw from the NFPA 805 risk informed process must submit a letter of retraction. Submit, by June 13, 2014, 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? The public may examine and have copied for a fee publicly-available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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-2014-0083. 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-2014-0083. Mail comments to Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.
Agency Information Collection Activities: Proposed Collection; Comment Request
The U.S. Nuclear Regulatory Commission (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: Design Information QuestionnaireIAEA N-71 and Associated Forms N-72, N-73, N-74, N-75, N-76, N-77, N-91, N-92, N-93, N-94. 2. Current OMB approval number: 3150-0056. 3. How often the collection is required: It is estimated that this collection is required approximately 1 time per year. 4. Who is required or asked to report: Licensees of facilities on the U.S. eligible list who have been notified in writing by the NRC to submit the form. 5. The number of annual respondents: 2. 6. The number of hours needed annually to complete the requirement or request: 360 reporting hours. 7. Abstract: In order for the United States (U.S.) to fulfill its responsibilities as a participant in the U.S./International Atomic Energy Agency (IAEA) Safeguards Agreement, the NRC must collect information from licensees about their installations and provide it to the IAEA. Licensees of facilities that appear on the U.S. eligible list and have been notified in writing by the NRC are required to complete and submit a Design Information Questionnaire, IAEA Form N-71 (and the appropriate associated IAEA Form) or Form N-91, to provide information concerning their installation for use by the IAEA. Submit, by June 13, 2014, 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? The public may examine and have copied for a fee publicly-available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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-2014-0027. 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-2014-0027. Mail comments to Acting NRC Clearance Officer, Kristen Benney (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Cask System; Amendment No. 9; Corrections
The U.S. Nuclear Regulatory Commission (NRC) published a document in the Federal Register (FR) on December 26, 2013, which corrected and delayed the effective date of a direct final rule published in the FR on December 6, 2013. The notice corrected several Agencywide Documents Access and Management System (ADAMS) accession numbers and delayed the effective date of the direct final rule from February 19, 2014, to March 11, 2014. The direct final rule amends the NRC's spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 9 to Certificate of Compliance (CoC) No. 1014. This action is necessary to provide notification that the NRC is amending its regulations by revising the Holtec HI-STORM 100 Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to correct the effective date of Amendment No. 9 to CoC No. 1014.
Amendment to Postal Contract
The Commission is noticing a recent Postal Service filing an amendment to Priority Mail Contract 74. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Amendment to Postal Contract
The Commission is noticing a recent Postal Service filing an amendment to Priority Mail Contract 60. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
New Postal Product
The Commission is noticing a recent Postal Service filing requesting the addition of Priority Mail Contract 80 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2014
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2014, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. These fees represent the cost of NRC services provided to applicants and licensees.
Wireless Telecommunications Bureau Seeks Comment on Request for Clarification or Waiver of the Commission's Attributable Material Relationship Rule
In this document, the Wireless Telecommunications Bureau seeks comment on a request for clarification or waiver of the Commission's ``attributable material relationship'' rule.
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