January 2009 – Federal Register Recent Federal Regulation Documents

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/104,311 entitled `` * * * Treatment of the CNS for Status Epilepticus Due to Organophosphate Exposure,'' filed October 10, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Committee is proposing to add to the Procurement List products and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities and to delete products and service previously furnished by such agencies. Comments Must Be Received on or Before: 3/1/2009.

EPA issued an advanced notice of proposed rulemaking (ANPR) in the Federal Register of December 3, 2008, describing EPA's initial steps to investigate and request comment, information, and data relating to formaldehyde emissions from pressed wood products. The ANPR also announced five public meetings that EPA scheduled in order to obtain additional stakeholder input. EPA is announcing today one additional public meeting to enable more complete public participation. Additionally, this document extends the comment period for 45 days, from February 2, 2009, to March 19, 2009. This extension is necessary to provide the public with an opportunity to provide additional and more thorough comments to the docket.

The Department of Energy (DOE) has submitted to the Office of Management and Budget (OMB) for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995. The Department of Energy is authorized to enter into voluntary agreements with U.S. industry under section 106 of the Energy Policy Act of 2005 (EPACT). The proposed data collection will be used to evaluate the success of the voluntary agreements and to report results to Congress. EPACT requires DOE to report to Congress on the effectiveness of the voluntary commitments to reduce industrial energy intensity. The reports to Congress should include an evaluation of the success of the voluntary agreements to reduce participant energy intensity, and independent verification of a sample of energy savings estimates provided by participants. EPACT directs the reports to be submitted in 2012 and 2017. In order to reduce the level of respondent burden required by participants, DOE has designed a data collection instrument which relies primarily upon pre-existing utility and energy-use data. In addition to information on company contacts and identification of participating plants, DOE is asking for a breakout of energy use by fuel type (in million metric British Thermal Units) aggregated across all of the plants that are voluntarily participating. DOE is asking for the annual change in the participants' aggregate energy intensity in units of percentage. Energy intensity may be calculated with existing organizational methods, or DOE's baselining tool which will be offered as a calculator. The calculator is not considered to be a data collection instrument. Finally, participants are asked to describe energy savings projects in simple, narrative form allowing respondents to provide summary information rather than detailed responses. DOE intends to calculate energy savings using the energy-use data from the baseline and current year, along with the baseline adjustment factor. As a result of comments received during the 60 Day Federal Register Notice, DOE has increased the estimate of burden hours on respondent companies from 3 hours per plant to 10 hours per plant. This reflects the estimate received from the public, as well as the burden estimate used by the Manufacturing Energy Consumption Survey (MECS). While MECS collects similar information, it does not require manufacturers to provide an energy intensity number which is required for EPACT 2005.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance 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 requirements on respondents can be properly assessed. Currently, the Office of Job Corps is soliciting comments concerning the collection of data for forms relating to the standard contractor information gathering and reporting requirements (OMB Control Number 1206-0219). A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.

NMFS is closing directed fishing for Pacific cod by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 halibut bycatch allowance specified for the trawl Pacific cod fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.

NMFS closes the commercial run-around gillnet fishery for king mackerel in the exclusive economic zone (EEZ) in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.

This notice corrects a Notice of Realty Action published in the Federal Register, Volume 73, No. 247, pages 78825 through 78827, on Tuesday, December 23, 2008, which listed an incorrect legal land description and omitted the opening date of an online sale auction.

The National Science Foundation (NSF) is requesting stakeholder input on Section 7033 of the America COMPETES Act, which authorizes the NSF Director to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions to enhance the quality of undergraduate science, technology, engineering, and mathematics (STEM) education at such institutions and to increase the retention and graduation rates of students pursuing associate or baccalaureate degrees in STEM.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by the Gulf of Maine Research Institute (GMRI), which would exempt participating vessels from Scallop gear restrictions, possession restrictions, Great South Channel (GSC) Southern New England (SNE)/Georges Bank (GB) Yellowtail Flounder Peak Spawning Closure restrictions, and GSC Cape Cod (CC)/Gulf of Maine (GOM) Yellowtail Flounder Peak Spawning Closure restrictions, should be issued for public comment. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP), the Northeast Multispecies FMP, and other Northeast Regional FMPs. However, further review and consultation may be necessary before a final determination is made.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the program for 7 CFR part 4279, subpart A, Business and Industry Loans.

Interested parties are invited to comment on an application by AMTROL, Inc., for an administrative determination as to whether Federal hazardous material transportation law preempts State common law tort claims alleging that the manufacturer of DOT specification 39 compressed gas cylinders should have designed the cylinders to resist rusting over time and/or provided additional warnings of the potential rusting over time, beyond requirements in the Hazardous Materials Regulations (HMR) for the manufacture, marking, and labeling of these cylinders.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD 2009 0005 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009 0002 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

The FAA participated as a cooperating agency with the U.S. Air Force (USAF) in preparation of the Environmental Assessment (EA) for the Falcon 1 and Falcon 9 Launch Vehicle Program (Falcon Launch Vehicle Program) at Cape Canaveral Air Force Station (CCAFS), Florida, November 2007. The Falcon Launch Vehicle Program is a commercial venture by Space Exploration Technologies, Inc. (SpaceX) to put spacecraft into orbit and supply the International Space Station (ISS) once the Space Shuttle is retired. The Proposed Action analyzed in the EA includes launching two space launch vehicles, the Falcon 1 and the Falcon 9 from Space Launch Complex (SLC) 40, while utilizing the Solid Motor Assembly and Readiness Facility (SMARF) building as a vehicle support facility, and the reentry and recovery of the Dragon reentry capsule in the ocean. The EA analyzed the environmental consequences of conducting up to twelve Falcon 1 launches per year and up to twelve Falcon 9 launches per year starting in 2008 for the next five years from SLC 40 at CCAFS. Two alternative locations, SLC 37 and 47, were considered for the launch of the Falcon vehicles. The EA also analyzed the environmental consequences of reentry/recovery of the Dragon reentry capsule. Additionally, the EA analyzed infrastructure improvements proposed at CCAFS to support the proposed launch activities. The USAF signed a Finding of No Significant Impact (FONSI) on December 21, 2007, which stated that the Proposed Action should not have a significant environmental impact on the human environment. SpaceX is required to obtain a launch license from the FAA to conduct launches of the Falcon 1 and Falcon 9 launch vehicles with commercial payloads. SpaceX also is required to obtain a reentry license from the FAA for the reentry of the Dragon capsule. The FAA is using the EA to support its environmental determination for a launch license for SpaceX to launch Falcon 1 and Falcon 9 vehicles at CCAFS and a reentry license for the Dragon capsule. From its independent review and consideration, the FAA has determined that the Proposed Action addressed in this FONSI, to issue a launch or reentry license for Falcon 1 and Falcon 9 launch vehicle activities, is substantially the same as the actions analyzed in the Falcon Launch Vehicle Program EA and that FAA's comments and suggestions have been satisfied (see 1506.3(c) and FAA Order 1050.1E, 518h). The FAA formally adopts the EA and hereby incorporates the analysis to support future decisions on license applications. After reviewing and analyzing currently available data and information on existing conditions, project impacts, and measures to mitigate those impacts, the FAA has determined that its action is not a Federal action that would significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA). Therefore, the preparation of an Environmental Impact Statement (EIS) is not required and the FAA is issuing this FONSI. The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the EA or FONSI Contact: Questions or comments should be directed to Mr. Daniel Czelusniak; FAA Environmental Specialist; Federal Aviation Administration; 800 Independence Ave., SW.; AST-I00, Suite 331; Washington, DC 20591; (202) 267-5924.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled ``AmeriCorps Application Instructions: State Competitive, State Education Award Program, National Direct, National Direct Education Award Program, National Professional Corps, Indian Tribes, States and Territories without Commissions, and National Planning'' to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Ms. Amy Borgstrom at (202) 606-6930. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565- 2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.