Agencies and Commissions June 2018 – Federal Register Recent Federal Regulation Documents
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Unified Agenda of Federal Regulatory and Deregulatory Actions
We are publishing our semiannual regulatory agenda (the Agenda) in accordance with Public Law 96-354, ``The Regulatory Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and Review.'' The Agenda is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 6 rulemaking activities since publication of our last Agenda on January 12, 2018 (83 FR 2018). This issuance of our Agenda contains 28 active and 20 long-term rulemaking activities: 3 are Economically Significant; 8 represent Other Significant agency priorities; 35 are Substantive, Nonsignificant rulemaking activities; and 2 are Administrative rulemaking activities. In addition, 3 rulemaking activities impact small entities. We are requesting comment on the rulemaking activities as identified in this Agenda.
Semiannual Regulatory Flexibility Agenda
The Board is issuing this agenda under the Regulatory Flexibility Act and the Board's Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period May 1, 2018, through October 31, 2018. The next agenda will be published in fall 2018.
Unified Agenda of Federal Regulatory and Deregulatory Actions-Spring 2018
Twice a year, in the spring and fall, the Commission publishes in the Federal Register a list in the Unified Agenda of those major items and other significant proceedings under development or review that pertain to the Regulatory Flexibility Act (U.S.C. 602). The Unified Agenda also provides the Code of Federal Regulations citations and legal authorities that govern these proceedings. The complete Unified Agenda will be published on the internet in a searchable format at www.reginfo.gov.
Semiannual Regulatory Agenda
In this document, the Commission publishes its semiannual regulatory flexibility agenda. In addition, this document includes an agenda of regulatory actions that the Commission expects to be under development or review by the agency during the next year. This document meets the requirements of the Regulatory Flexibility Act and Executive Order 12866. The Commission welcomes comments on the agenda and on the individual agenda entries.
Regulatory Flexibility Agenda
The Commodity Futures Trading Commission (``Commission''), in accordance with the requirements of the Regulatory Flexibility Act, is publishing a semiannual agenda of rulemakings that the Commission expects to propose or promulgate over the next year. The Commission welcomes comments from small entities and others on the agenda.
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
Spring 2018 Unified Agenda of Federal Regulatory and Deregulatory Actions. Publication of the Spring 2018 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order 12866 ``Regulatory Planning and Review'' (58 FR 51735) and Executive Order 13771 (82 FR 93390, January 30, 2017, Reducing Regulation and Controlling Regulatory Costs The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). In the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda) agencies report regulatory actions upcoming in the next year. Executive Order 12866 ``Regulatory Planning and Review,'' signed September 30, 1993 (58 FR 51735), and Office of Management and Budget memoranda implementing section 4 of that Order establish minimum standards for agencies' agendas, including specific types of information for each entry. The Unified Agenda helps agencies fulfill these requirements. All Federal regulatory agencies have chosen to publish their regulatory agendas as part of the Unified Agenda. The complete publication of the spring 2018 Unified Agenda containing the regulatory agendas for 64 Federal agencies, is available to the public at https://reginfo.gov. The Spring 2018 Unified Agenda publication appearing in the Federal Register consists of agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act.
Agency Information Collection Activities: Final Collection; Comment Request
The Export-Import Bank of the United States (EXIM), as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. This form will enable EXIM to identify the specific details of the proposed co-financing transaction between a U.S. exporter, EXIM, and a foreign export credit agency; the information collected includes vital facts such as the amount of U.S.-made content in the export, the amount of financing requested from EXIM, and the proposed financing amount from the foreign export credit agency. These details are necessary for approving this unique transaction structure and coordinating our support with that of the foreign export credit agency to ultimately complete the transaction and support U.S. exportsand U.S. jobs.
Procurement List; Addition
This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.
Procurement List; Deletions
This action deletes product(s) and service(s) from the Procurement List that were previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
Procurement List; Proposed Additions
The Committee is proposing to add product(s) and service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
New Postal Products
The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Regular Meeting; Farm Credit System Insurance Corporation Board
Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board).
Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials
The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary (RIS) to clarify the reporting requirements for certain exports of nuclear facilities, equipment, and non-nuclear materials.
Kennecott Uranium Corporation; Sweetwater Uranium Project
The U.S. Nuclear Regulatory Commission (NRC) is considering renewal of Source Material License SUA-1350 issued to Kennecott Uranium Corporation (KUC) for continued operations at the Sweetwater Uranium Project (SUP) in Sweetwater County, Wyoming (Docket No. 40-8584). The NRC has prepared an environmental assessment (EA) and finding of no significant impact (FONSI) for this licensing action.
Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC) received, and is considering approval of, an application from Tennessee Valley Authority (TVA or the licensee) for amendments to Facility Operating License Nos. NPF-90 and NPF-96, which authorizes the operation of Watts Bar Nuclear Plant (WBN), Unit Nos. 1 and 2, respectively. The amendments would allow the loading of tritium producing burnable absorber rods (TPBARs) in WBN, Unit 2 and would make associated technical specification changes for WBN, Unit Nos. 1 and 2. Because this amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.
Privacy Act of 1974; Matching Program
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Railroad Retirement Board (RRB). This matching agreement sets forth the terms, safeguards, and procedures under which RRB, as the source agency, will disclose RRB annuity payment data to SSA, the recipient agency. SSA will use the information to verify Supplemental Security Income (SSI) and Special Veterans Benefits (SVB) eligibility and benefit payment amounts. SSA will also record the railroad annuity amounts RRB paid to SSI and SVB recipients in the Supplemental Security Income Record (SSR).
Planetary Science Advisory Committee; Meeting
In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Planetary Science Advisory Committee (PAC). This Committee functions in an advisory capacity to the Director, Planetary Science Division, in the NASA Science Mission Directorate. The meeting will be held for the purpose of soliciting, from the planetary science community and other persons, scientific and technical information relevant to program planning.
Covered Investment Fund Research Reports
As directed by Congress pursuant to the Fair Access to Investment Research Act of 2017, the Commission is proposing a new rule under the Securities Act of 1933. If adopted, the proposal would establish a safe harbor for an unaffiliated broker or dealer participating in a securities offering of a ``covered investment fund'' to publish or distribute a ``covered investment fund research report.'' If the conditions for the safe harbor are satisfied, this publication or distribution would be deemed not to be an offer for sale or offer to sell the covered investment fund's securities for purposes of sections 2(a)(10) and 5(c) of the Securities Act of 1933. The Commission is also proposing a new rule under the Investment Company Act of 1940. This proposal would exclude a covered investment fund research report from the coverage of section 24(b) of the Investment Company Act (or the rules and regulations thereunder), except to the extent the research report is otherwise not subject to the content standards in self- regulatory organization rules related to research reports, including those contained in the rules governing communications with the public regarding investment companies or substantially similar standards. We are also proposing a conforming amendment.
Sunshine Act Meeting; Farm Credit Administration Board
Notice is hereby given, pursuant to the Government in the Sunshine Act, of the regular meeting of the Farm Credit Administration Board (Board).
Information Collection Being Submitted for Review and Approval to the Office of Management and Budget
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 collection burden on small business concerns with fewer than 25 employees. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0093, Part 40, Provisions Common to Registered Entities
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection, and to allow 60 days for public comment. This notice solicits comments on collections of information provided for by Part 40, Provisions Common to Registered Entities.
Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0007, Regulation of Domestic Exchange-Traded Options
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed extension of a collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on rules related to risk disclosure concerning exchange-traded commodity options.
Draft Letter to the Nuclear Energy Institute Regarding the Clarification of Regulatory Paths for Lead Test Assemblies
The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comments on a draft letter to the Nuclear Energy Institute (NEI) clarifying the regulatory paths for the use of lead test assemblies (LTAs). This draft letter would finalize the NRC staff's views on the preliminary positions regarding LTAs provided in a letter to NEI dated June 29, 2017. The NRC does not currently have consolidated regulatory guidance regarding the use of LTAs. Therefore, the NRC has drafted this letter to clarify its positions regarding the use of LTAs. These positions would affect light-water reactor licensees who wish to irradiate LTAs.
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
The U.S. Nuclear Regulatory Commission (NRC) will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on July 16, 2018, to discuss the draft report of the ACMUI Subcommittee on Training and Experience Requirements for All Modalities. This report will include the subcommittee's comments on the NRC staff's evaluation of the training and experience requirements for different categories of radiopharmaceuticals in Title 10 of the Code of Federal Regulations, part 35, ``Medical Use of Byproduct Material,'' Subpart E, ``Unsealed Byproduct MaterialWritten Directive Required.'' Meeting information, including a copy of the agenda and handouts, will be available at https://www.nrc.gov/reading-rm/doc-collections/acmui/ meetings/2018.html. The agenda and handouts may also be obtained by contacting Ms. Maryann Ayoade using the information below.
Securities Transaction Settlement Cycle
The OCC and the FDIC (``Agencies'') are adopting a final rule to shorten the standard settlement cycle for securities purchased or sold by national banks, federal savings associations, and FDIC- supervised institutions. The Agencies' final rule is consistent with an industry-wide transition to a two business-day settlement cycle, which is designed to reduce settlement exposure and align settlement practices across all market participants.
Regulatory Program Fees and Water Charges Rates
Notice is provided of the Commission's regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2018.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Product Change-Priority Mail Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Product Change-Priority Mail Express Negotiated Service Agreement
The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
Pacific Gas and Electric Company Diablo Canyon Independent Spent Fuel Storage Installation
The U.S. Nuclear Regulatory Commission (NRC) is considering issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for its review and approval of the decommissioning funding plans (DFPs) submitted by Pacific Gas and Electric Company (PGEC) on December 17, 2012, and December 17, 2015, for the independent spent fuel storage installation (ISFSI) at Diablo Canyon in Avila Beach, California.
Cumberland Fossil Plant Coal Combustion Residuals Management Operations Final Environmental Impact Statement
This notice is provided in accordance with the Council on Environmental Quality's regulations and Tennessee Valley Authority's (TVA) procedures for implementing the National Environmental Policy Act (NEPA). TVA has decided to construct and operate a bottom ash dewatering facility, process water basins, and an onsite landfill at the Cumberland Fossil Plant (CUF). The notice of availability (NOA) of the Final Environmental Impact Statement (EIS) for the Cumberland Fossil Plant Coal Combustion Residuals Managment Operations was published in the Federal Register on April 20, 2018. The Final EIS identified TVA's preferred alternative as Alternative C, which includes the Construction and Operation of a Bottom Ash Dewatering Facility, Closure-In-Place of the Bottom Ash Impoundment, and a combination of Closure-in-Place and Closure-by-Removal of the Main Ash Impoundment and Stilling Impoundment. The portion of the Main Ash Impoundment and the Stilling Impoundment that would be Closed-by-Removal would be repurposed as Process Water Basin 1 and Process Water Basin 2, with coal combustion residuals (CCR) that are removed from the impoundment transported to an existing onsite landfill. In addition, under Alternative C, TVA would construct an onsite landfill to manage future CCR produced at CUF. TVA's current decision pertains only to the construction and operation of a Bottom Ash Dewatering Facility, construction and operation of the new onsite CCR Landfill, and construction of the Processs Water Basins, which includes removal of CCR from a portion of the Main Ash Impoundment and the Stilling Impoundment. TVA is electing to further consider the location for permanent disposal of the ash excavated from the Main Ash Impoundment and the Stilling Impoundment. CCR removed for construction of the basins would be staged temporarily within the Main Ash Impoundment footprint until a final decision is made (following any necessary supplemental environmental review) on a location for permanent disposal of the material. The preferred alternative would achieve the project purpose and need of converting the wet storage of CCR to a dry system and promoting the future management of dry CCR at CUF by converting to dry bottom ash handling and providing additional long-term disposal for dry CCR materials produced at CUF. In addition to state and federal water and waste regulations, TVA's CCR disposal areas at CUF, including the impoundments, are subject to the 2015 Commissioner's Order entered by the Tennessee Department of Environment and Conservation (TDEC). Investigations at CUF under that Order are ongoing. Therefore, TVA is electing to further consider the proposed in-place closure of the Bottom Ash Impoundment and a portion of the Main Ash Impoundment before making a decision on closure of these facilities. In addition, TVA is electing to further consider the location for permanent disposal of the ash excavated from the Main Ash Impoundment and the Stilling Impoundment.
Notice of Intent To Grant Partially Exclusive License
The National Aeronautics and Space Administration (NASA) hereby gives notice of its intent to grant a partially exclusive patent license in the United States to practice the inventions described and claimed in U.S. Patent Number 7,075,295 B2 titled ``Magnetic Field Response Sensor for Conductive Media,'' NASA Case Number LAR-16571-1; U.S. Patent Number 7,589,525 B2 titled ``Magnetic Field Response Sensor for Conductive Media,'' NASA Case Number LAR-16571-2; U.S. Patent No. 7,759,932 B2 titled ``Magnetic Field Response for Conductive Media,'' NASA Case Number LAR-16571-3; U.S. Patent No. 7,086,593 B2 titled ``Magnetic Field Response Measurement Acquisition System,'' NASA Case Number LAR-16908-1; U.S. Patent No. 7,047,807 B2 titled ``Flexible Framework for Capacitive Sensing,'' NASA Case No. LAR-16974-1; U.S. Patent No. 7,159,774 B2 titled ``Magnetic Field Response Measurement Acquisition System,'' NASA Case No. LAR-17280-1; U.S. Patent No. 8,430,327 B2 titled ``Wireless Sensing System Using Open-Circuit, Electrically-Conductive Spiral-Trace Sensor,'' NASA Case No. LAR-17294- 1; U.S. Patent No. 8,673,649 B2 titled ``Wireless Chemical Sensor and Sensing Method for Use Therewith,'' NASA Case No. LAR-17579-1; U.S. Patent No. 9,329,149 B2 titled ``Wireless Chemical Sensor and Sensing Method for Use Therewith,'' NASA Case No. LAR-17579-2; U.S. Patent No. 9,733,203 B2 titled ``Wireless Chemical Sensing Method,'' NASA Case No. LAR-17579-3; U.S. Patent No. 8,179,203 B2 titled ``Wireless Electrical Device using Open-Circuit Elements Having No Electrical Connections,'' NASA Case No. LAR-17711-1; U.S. Patent Application No. 14/193,861 titled ``Wireless Temperature Sensor Having No Electrical Connections and Sensing Method for Use Therewith,'' NASA Case No. LAR-17747-1-CON; U.S. Patent No. 9,329,153 B2 titled ``Method of Mapping Anomalies in Homogenous Material,'' NASA Case No. LAR-17848-1; U.S. Patent No. 8,636,407 B2 titled ``Wireless Temperature Sensor Having No Electrical Connections and Sensing Method for Use Therewith,'' NASA Case No. LAR- 18016-1; U.S. Patent Application No. 14/520,785 titled ``Multi-Layer Wireless Sensor Construct for Use at Electrically Conductive Material Surface,'' NASA Case No. LAR-18399-1; and U.S. Patent Application No. 14/520,863 titled ``Antenna for Far Field Transceiving,'' NASA Case No. LAR-18400-1, to Doull Site Assessments Ltd., having its principal place of business in Alberta, Canada. The fields of use may be limited to emissions detection and quantification, gas and liquid flow rate measurement, compositional analysis, and quantification for hydrocarbons and other substances, including but not limited to H2S, CO2 and SO2, associated with the oil, gas and waste management industries at the well bore and/or below grade cavern, and associated above ground facilities for each; and/or similar fields of use thereto.
Notice of Intent To Grant Partially Exclusive Patent License
NASA hereby gives notice of its intent to grant a partially exclusive patent license in the United States to practice the inventions described and claimed in U.S. Patent Application No. 15/ 014,608 titled ``Nuclear Thermionic Avalanche Cells with Thermoelectric (NTAC-TE) Generator in Tandem Model,'' NASA Case Number LAR-17981-1; U.S. Patent Application No. 62/513,497 titled ``Portable Compact Thermionic Power Cell,'' NASA Case Number LAR-18860-P2; U.S. Patent Application No. 15/479,679 titled ``Metallic Junction Thermoelectric Generator,'' NASA Case Number LAR-18866-1; U.S. Patent Application No. 62/621,930 titled ``Selective and Direct Deposition Technique for Streamlined CMOS Processing,'' NASA Case Number LAR-18925-P2; U.S. Patent Application No. 62/643,292 titled ``Portable Miniaturized Thermionic Power Cell with Multiple Regenerative Layers,'' NASA Case No. LAR-18926-P; U.S. Patent Application No. 62/643,303 titled ``High Performance Electric Generators Boosted by Nuclear Electorn Avalanche (NEA),'' NASA Case No. LAR-19112-P, to Braidy Industries, Inc., having its principal place of business in Ashland, Kentucky. The fields of use may be limited to power generators, generation of electricity and/or similar fields of use thereto.
Periodic Reporting
The Commission is noticing a recent filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to an analytical method for use in periodic reporting (Proposal Two). This document informs the public of the filing, invites public comment, and takes other administrative steps.
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