February 23, 2009 – Federal Register Recent Federal Regulation Documents
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Office of Special Education and Rehabilitative Services; List of Correspondence
The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act (IDEA). Under section 607(f) of the IDEA, the Secretary is required, on a quarterly basis, to publish in the Federal Register a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of the IDEA or the regulations that implement the IDEA.
Rehabilitation Training: Rehabilitation Long-Term Training-Rehabilitation Counseling
On November 17, 2008, we published in the Federal Register (73 FR 67852) a notice inviting applications for the Rehabilitation Long- Term TrainingRehabilitation Counseling FY 2009 competition. That notice established a January 15, 2009 deadline date for eligible applicants to apply for funding under this program. In order to allow applicants the opportunity to respond to a correction in the selection criteria published in the Application Package, we are reopening the Rehabilitation Long-Term Training Rehabilitation Counseling FY 2009 competition to eligible applicants. Specifically, we inadvertently omitted a heading and the point value of the criterion on Quality of Project Services, worth 10 points. The requirements of this criterion were embedded at the end of the criterion on Nature and Scope of Curriculum, worth 20 points. By omitting the heading and points for the criterion on Quality of Project Services, applicants were given the mistaken impression that this criterion was part of the Nature and Scope of Curriculum criterion. We have corrected the selection criteria in the Application Package. This correction of the selection criteria increases the possible points an applicant may receive from 90 points to 100 points and makes it clear that there is a criterion on Quality of Project Services, worth 10 points. We strongly recommend that any eligible applicant that submitted its application using the criteria in the original application package re-submit its application in order to ensure that there is a clear response to the criterion on Quality of Project Services. If an applicant that submitted its application by the January 15, 2009 deadline does not choose to re-submit its application to address separately the Nature and Scope of Curriculum and Quality of Project Services criteria, we will increase the point value of the co- joined criteria contained under the heading Nature and Scope of Curriculum from 20 to 30 points for that applicant and the selection criteria overall from 90 to 100 points. We will separate the applicant's response to the co-joined criteria under the heading of Nature and Scope of Curriculum, and each criteria will be rated separately with the total value of the Nature and Scope of Curriculum criteria being 20 points and the Quality of Project Services criteria being 10 points. All information in the November 17, 2008 notice remains the same for this notice reopening the competition, except for the following updates to Dates and to section IV. 3. Submission Dates and Times. Dates and section IV. 3. Submission Dates and Times: Applications Available: February 23, 2009. Deadline for Transmittal of Applications: March 16, 2009.
Government-Owned Inventions; Availability for Licensing
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Prospective Grant of Exclusive License: Methods of Using Deacetylase Inhibitors To Treat Dystrophies and Other Tissue Degeneration Disorders
This notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent license to practice the inventions embodied in U.S. Provisional Patent Application No. 60/335,705, filed October 18, 2001, now abandoned, entitled ``Methods of Using Deacetylase Inhibitors as Tools to Promote Cell Differentiation and Regeneration'' [HHS Ref. No. E-353- 2001/0-US-01]; U.S. Provisional Patent Application No. 60/343,854, filed October 25, 2001, now abandoned, entitled ``Methods of Using Deacetylase Inhibitors as Tools to Promote Cell Differentiation And Regeneration'' [HHS Ref. No. E-353-2001/1-US-01]; PCT Patent Application No. PCT/US02/33570, filed October 17, 2002, now abandoned, entitled ``Methods of Using Deacetylase Inhibitors as Tools to Promote Cell Differentiation and Regeneration'' [HHS Ref. No. E-353-2001/2-PCT- 01]; U.S. Patent Application No. 10/492,901, filed April 15, 2004, which issued as U.S. Patent No. 7,229,963, on June 12, 2007, entitled ``Methods of Using Deacetylase Inhibitors as Tools to Promote Cell Differentiation and Regeneration'' [HHS Ref. No. E-353-2001/2-US-02]; and U.S. Patent Application No. 11/800,151, filed May 4, 2007, which published as 2008/0248994, on October 9, 2008, entitled ``Methods of Using Deacetylase Inhibitors to Promote Cell Differentiation and Regeneration'' [HHS Ref. No. E-353-2001/2-US-03] to ADVANCELL Advanced In Vitro Cell Technologies, S.A. which has an office in Barcelona, Spain. The patent rights in these inventions have been assigned to the United States of America and The Salk Institute for Biological Studies. The prospective exclusive license territory may be ``worldwide'', and the field of use may be limited to ``the use of deacetylase inhibitors to treat dystrophies and other disorders involving tissue degeneration.''
Notice of Availability of Draft Guidance Regarding Which Children's Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information
The Consumer Product Safety Improvement Act of 2008 (CPSIA) section 108 permanently prohibits the sale of any ``children's toy or child care article'' containing more than 0.1 percent of three specified phthalates. Section 108 of the CPSIA also prohibits on an interim basis ``toys that can be placed in a child's mouth'' or ``child care articles'' containing more than 0.1 percent of three additional phthalates. These prohibitions became effective on February 10, 2009. The purpose of this notice is to seek public comment on the draft approach prepared by CPSC staff for determining which products constitute a ``children's toy or child care article'' and therefore are subject to the requirements of section 108 of the CPSIA.\1\
Pennsylvania Regulatory Program
We, the Office of Surface Mining (OSM), are announcing the withdrawal of a proposed rule pertaining to a request to delete a required amendment related to the Pennsylvania regulatory program (the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania requested that a required amendment pertaining to regulatory exemptions for coal extraction incidental to the extraction of other minerals be removed.
Certain Yarns and Fabrics FY 2009: Effect of Modification of U.S.-Singapore Free Trade Agreement Rules of Origin
Following receipt of a request on January 28, 2009, from the Office of the United States Trade Representative (USTR) under authority delegated by the President and pursuant to section 103 of the United States-Singapore Free Trade Agreement (USSFTA) Implementation Act, the U.S. International Trade Commission (Commission) instituted investigation No. Singapore FTA-103-22, Certain Yarns and Fabrics FY 2009: Effect of Modification of U.S.-Singapore Free Trade Agreement Rules of Origin.
Employment Authorization and Verification of Aliens Enlisting in the Armed Forces
The Department of Homeland Security (DHS) is amending its regulations governing the employment authorization of aliens and the employment eligibility verification process. This rule provides for employer-specific employment authorization for certain aliens lawfully enlisted into the U.S. Armed Forces (Armed Forces), and those whose enlistment the Secretary with jurisdiction over such Armed Force has determined would be vital to the national interest. This rule also adds the military identification card to the list of documents acceptable for establishing employment eligibility and identity for the Employment Eligibility Verification Form (Form I-9), but only for use by the Armed Forces to verify employment eligibility of aliens lawfully enlisted in the Armed Forces. This rule is necessary to conform DHS regulations to existing statutory authorities regarding the enlistment of aliens by the Armed Forces.
Requested Administrative Waiver of the Coastwise Trade Laws
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-2009-0016 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.
National Center for Health Statistics: Notice of Sample Size Changes
The National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention, has provided statistics on the health of the American people for almost 50 years. Two of its preeminent surveys, the National Health Interview Survey and the National Health and Nutrition Examination Survey are at the half century mark. The quality of NCHS' statistical program is of critical concern to the Center. Data on sample design, data quality and estimation techniques are discussed in detail in NCHS reports and in the proposed data collections that are published in the Federal Register and submitted to the Office of Management and Budget (OMB) for review and approval. The timelines for preparing and submitting requests for OMB approval under the Paperwork Reduction Act and for the Federal Government's budget process often are not synchronized. Thus it is possible that a survey may receive OMB approval for collection of data from a certain number of respondents before the necessary resources have been appropriated in the federal budget. In all cases, the design of the survey allows for changes to the number of respondents without jeopardizing the representativeness of the weighted survey results. In addition, information on final sample sizes is included with each data release. Over the last decade NCHS has made a number of program changes to stay within existing resources, including changes to survey design and sample size, in order to continue carrying out its mission and maintain its program quality. Three surveys have had or may have sample size reductions take place in FY 2009 and FY 2010. They are the National Health Interview Survey, the National Hospital Discharge Survey and the National Health and Nutrition Examination Survey.
National Assessment Governing Board: Proposed Information Collection
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the National Assessment Governing Board is publishing the following summary of a proposed information collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the Agency's function; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (5) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Type of Information Collection Request: New information collection. Title of Information Collection: Survey of Placement Tests and Cut- Scores in Higher Education Institutions. Use: The congressionally authorized National Assessment of Educational Progress (NAEP) reports to the public on the achievement of students at grades 4, 8, and 12 in core subjects. The National Assessment Governing Board oversees and sets policy for NAEP. NAEP and the Governing Board are authorized under the National Assessment of Educational Progress Authorization Act (Pub. L. 107-279). Among the Board's responsibilities is ``to improve the form, content, use, and reporting of [NAEP results].'' Toward this end, the Governing Board plans to enable NAEP at the 12th grade to report on the academic preparedness of 12th grade students in reading and mathematics for entry level college credit coursework. The Governing Board has planned a program of research studies to support the validity of statements about 12th grade student preparedness that would be made in NAEP reports, beginning with the 2009 assessments in 12th grade reading and mathematics. Among the studies planned is a survey of 2-year and 4-year institutions of higher education about the tests and test scores used to place students into entry level college credit coursework leading to a degree and into non- credit remedial or developmental programs in reading and/or mathematics. The data resulting from this survey will be used to help develop valid statements that can be made about the preparedness of 12th grade students in NAEP reports. Frequency: One time only; Affected Public: State, Local or Tribal Governments (2-year and 4-year public higher education institutions); Private Sector Not-For-Profit Institutions (2-year and 4-year private higher education institutions); Number of Respondents: 3,700; Total Annual Responses: 3,700; Total Annual Hours: 1,542. To obtain copies of the proposed survey and/or supporting statement for the proposed paperwork collection referenced above, e-mail your request, including your address and phone number, to Ray.Fields@ed.gov or call 202-357-0395. To be assured consideration, comments and recommendations for the proposed information collection must be received by the OMB desk officer at the address below, no later than 5 p.m. on March 25, 2009: OMB, Office of Information and Regulatory Affairs, Attention: Education Desk Officer, New Executive Office Building, 725 17th St, NW., Room 10235, Washington, DC 20503, Fax Number: (202) 395-6974, E- mail (OIRA_submission@omb.eop.gov).
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Doyon, Limited. The lands are in the vicinity of Galena, Alaska, and are located in:
60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment
Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Record Keeping Requirements, the National Park Service (NPS) invites public comments on a proposed new collection of information (OMB 1024-xxxx).
Notice of a Change in Status of an Extended Benefit (EB) Period for Oregon.
This notice announces a change in benefit period eligibility under the EB Program for Oregon. The following change has occurred since the publication of the last notice regarding the State's EB status: Based on data reported by the Bureau of Labor Statistics on January 27, 2009, Oregon's 3-month seasonally adjusted total unemployment rate rose to 8.1 percent, exceeding the 8 percent threshold. This causes the State to be triggered ``on'' to a high unemployment period (HUP) in the EB program period beginning February 15, 2009.
Notice of a Change in Status of an Extended Benefit (EB) Period for Connecticut
This notice announces a change in benefit period eligibility under the EB Program for Connecticut. The following change has occurred since the publication of the last notice regarding the State's EB status: Based on data reported by the Bureau of Labor Statistics on January 27, 2009, Connecticut's 3-month seasonally adjusted total unemployment rate was 6.8 percent and equals or exceeds 110 percent of the corresponding rate in both prior years. This causes Connecticut to be triggered ``on'' to an EB period beginning February 15, 2009.
Notice of a Change in Status of an Extended Benefit (EB) Period for Idaho
This notice announces a change in benefit period eligibility under the EB Program for Idaho. The following change has occurred since the publication of the last notice regarding the State's EB status: Idaho's 13-week insured unemployment rate (IUR) for the week ending January 24, 2009, rose to 5.10 percent and exceeds 120 percent of the corresponding average rate in the two prior years. Therefore, beginning the week of February 08, 2009, eligible unemployed workers will be able to collect up to an additional 13 weeks of UI benefits.
Postal Service Price Changes
The Commission is conducting a review of the Postal Service's planned rate adjustments for essentially all products in the market dominant category, which includes the First-Class stamp, and limited classification changes. The adjustments are generally based on a method that relies on a price cap tied to annual changes in the consumer price index and, in some instances, also draws on unused or ``banked'' pricing authority. This document invites public comment and discusses other matters related to the Commission's review and the Postal Service's anticipated implementation of new rates.
Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, and C-212-DE Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; EPA's Voluntary Aluminum Industrial Partnership (VAIP) (Renewal); EPA ICR No. 1867.04, OMB Control No. 2060-0411
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Notice of Meeting of the EPA's Children's Health Protection Advisory Committee (CHPAC)
Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held March 10-12, 2008 at The Arlington Court Suites, Arlington, VA. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.
Airworthiness Directives; Airbus Model A330-200 and -300, and A340-200 and -300, Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Gettysburg National Military Park Advisory Commission
This notice sets forth the dates of April 23, 2009 and September 10, 2009 of the Gettysburg National Military Park Advisory Commission.
Airworthiness Directives; Bombardier Model BD-700-1A10 and BD-700-1A11 Airplanes
We propose to adopt a new Airworthiness Directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Agency Information Collection Activities: Proposed Collection; Comment Request
The EIA is soliciting comments on the proposed reinstatement and three-year approval of Form EIA-457A-G, ``Residential Energy Consumption Survey (RECS).''
Construction, Operation, and Maintenance of the Proposed Transmission Agency of Northern California Transmission Project, California
The Western Area Power Administration (Western), an agency of the DOE intends to prepare a joint environmental impact statement/ environmental impact report (EIS/EIR) for the construction, operation, and maintenance of the proposed Transmission Agency of Northern California (TANC) Transmission Project (Project) in California. Western is issuing this Notice to inform the public and interested parties about the proposed Project, conduct a public scoping process, and invite the public to comment on the scope, proposed action, alternatives, and other issues to be addressed in the EIS/EIR. The EIS/EIR will address the construction, maintenance, and operation of the proposed Project, which would include building and upgrading about 600 miles of 230-kilovolt (kV) and 500-kV transmission lines and associated equipment and facilities in northern California. Portions of the proposed Project may affect floodplains and wetlands in the area. Western and TANC will hold public scoping meetings in 12 locations in the Project area during the public scoping period. At the scoping meetings, Western and TANC will share additional information on the proposed Project and receive comments and suggestions on the scope of the EIS/EIR.
Airworthiness Directives; Boeing Model 747 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This proposed AD would require repetitive inspections for cracking of the fuselage frames in section 41, and corrective actions if necessary. This proposed AD results from reports of cracking in fuselage frames made of 2024 aluminum alloy that were installed during previous modification of the frames in section 41 and during production. We are proposing this AD to detect and correct frame cracks, which could result in cracking of the adjacent fuselage skin and consequent rapid decompression of the airplane.
Agency Forms Submitted for OMB Review, Request for Comments
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) to request a revision to the following collection of information: 3220- 0198, Request for Internet Services. Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB uses a Personal Identification Number (PIN)/Password system that allows RRB customers to conduct business with the agency electronically. As part of the system, the RRB collects information needed to establish a unique PIN/Password that allows customer access to RRB Internet-based services. The information collected is matched against records of the railroad employee that are maintained by the RRB. If the information is verified, the request is approved and the RRB mails a Password Request Code (PRC) to the requestor. If the information provided cannot be verified, the requestor is advised to contact the nearest field office of the RRB to resolve the discrepancy. Once a PRC is obtained from the RRB, the requestor can apply for a PIN/ Password online. Once the PIN/Password has been established, the requestor has access to RRB Internet-based services. The RRB estimates that approximately 9,756 requests for PRC's and 9,756 PIN/Passwords are established annually and that it takes 5 minutes per response to secure a PRC and 1.5 minutes to establish a PIN/Password. Two responses are requested of each respondent and completion is voluntary. However, the RRB will be unable to provide a PRC or allow a requestor to establish a PIN/Password (thereby denying system access), if the requests are not completed. The RRB proposes no changes to the PRC and PIN/Password screens. The RRB invites comments on the proposed collection of information to determine: (1) The practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. Previous Requests for Comments: The RRB has already published the initial 60-day notice (73 FR 78399 on December 22, 2008) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.
Safety Zone: Route 5 Bridge Demolition, Chickahominy River, Charles City County and James City County, VA
The Coast Guard is establishing a temporary safety zone on the Chickahominy River in the vicinity of Charles City County and James City County, VA in support of the demolition of the Route 5 Bridge over the Chickahominy River. This action will protect the maritime public on the Chickahominy River from the hazards associated with bridge demolition and explosive blasting.
Defense Health Board (DHB) Meeting
Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, and in accordance with section 10(a)(2) of Public Law, the following meeting of the Defense Health Board (DHB) is announced.
Safety Zone; Naval Underwater Detonation; Northwest Harbor, San Clemente Island, CA
The Coast Guard is establishing a safety zone on the navigable waters of the Northwest Harbor of San Clemente Island in support of the Naval Underwater Detonation. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative.
Kootenai National Wildlife Refuge, Bonners Ferry, ID
We, the U.S. Fish and Wildlife Service (Service) intend to prepare a Comprehensive Conservation Plan (CCP) for the Kootenai National Wildlife Refuge (Refuge). We will also prepare an environmental assessment (EA) evaluating the potential effects of various CCP alternatives. The Refuge is located within Boundary County, Idaho. We are furnishing this notice to advise the public and other government agencies and Tribes of our intentions, and to obtain public comments, suggestions, and information on the scope of issues to be considered during the planning process.
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