January 11, 2010 – Federal Register Recent Federal Regulation Documents

In response to the Office of Management and Budget's (OMB) December 8, 2009, Open Government Directive, which helps to implement the President's January 21, 2009, Memorandum on Transparency and Open Government, the Nuclear Regulatory Commission (NRC) is requesting public comment to aid the NRC's determination of what data sets it might be appropriate to publish online and what transparency, public participation, and collaboration improvements it might include as it drafts its Open Government Plan. The December 8, 2009, Directive generally instructs Federal agencies to identify and publish online in an open format at least three high-value data sets by January 22, 2010, and an Open Government Plan by April 7, 2010. While the Open Government Directive, by its terms, does not strictly apply to independent agencies like the NRC, the President has stated that independent agencies should comply with it. Accordingly, the NRC, in line with its longstanding commitment to openness and transparency, will endeavor to comply with the Open Government Directive and meet its deadlines. As part of this effort, the NRC will seek to identify and publish high-value data sets and draft an Open Government Plan, and the NRC is now inviting public comment on these matters. In addition, if a draft Open Government Plan is developed sufficiently prior to the April 7, 2010, deadline to allow time for meaningful public comment on the draft, the draft will be posted on the NRC's forthcoming Open Government Web page. Comments on the draft Plan could then be submitted to the NRC via the Open Government Web page.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(c), the National Park Service announces the availability of a Draft Environmental Impact Statement for the National Mall Plan, within the National Mall and Memorial Parks in Washington, DC. The National Mall Plan is a long-range management plan that focuses on the use and preservation of the National Mall. The study area is approximately 650 acres in size and contains some of the earliest designated public land in our nation, dating from 1790. The study area contains a significant concentration of our Nation's memorials, cultural resources, and museums and includes the great public open spaces of the Nation's Capital.

The Grand Mesa, Uncompahgre and Gunnison (GMUG) National Forests proposes to begin charging fees for the overnight rental of three cabins including the Matterhorn Guard Station, the Lone Cone Guard Station and the Alpine Guard Station. Rental of cabins on the GMUG National Forests and other National Forests of Colorado is very popular and shows that the public appreciates and enjoys the use and availability of historic rental cabins. Funds from the rentals will be used for the continued operation and maintenance of the rental cabins. The Matterhorn Guard Station is located in T41N, R9W, Section 5, NMPM, and the Lone Cone Station is located in T42N, R12W, Section 23, NMPM; both are in the Norwood Ranger District. The Alpine Guard Station is located in T46N, R5W, Section 24, NMPM, on the Gunnison Ranger District.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original new animal drug application (NADA) filed by Intervet, Inc. The NADA provides for veterinary prescription use of a combination injectable solution containing florfenicol and flunixin meglumine in cattle.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Anika Therapeutics, Inc. The supplemental NADA provides for a revised human food safety warning for use of hyaluronate sodium injectable solution in horses.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces its decision to exempt forty-one individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

The Securities and Exchange Commission (the ``Commission'') is publishing interpretive guidance for independent public accountants in connection with the adoption of amendments to Rule 206(4)-2 under the Investment Advisers Act of 1940 (the ``Custody Rule''). This guidance provides direction with respect to the independent verification and internal control report as required under the amended Custody Rule.

The Securities and Exchange Commission is adopting amendments to the custody and recordkeeping rules under the Investment Advisers Act of 1940 and related forms. The amendments are designed to provide additional safeguards under the Advisers Act when a registered adviser has custody of client funds or securities by requiring such an adviser, among other things: To undergo an annual surprise examination by an independent public accountant to verify client assets; to have the qualified custodian maintaining client funds and securities send account statements directly to the advisory clients; and unless client assets are maintained by an independent custodian (i.e., a custodian that is not the adviser itself or a related person), to obtain, or receive from a related person, a report of the internal controls relating to the custody of those assets from an independent public accountant that is registered with and subject to regular inspection by the Public Company Accounting Oversight Board. Finally, the amended custody rule and forms will provide the Commission and the public with better information about the custodial practices of registered investment advisers.

The Commission is adding Express Mail Contract 6 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

The Corporation for National and Community Service (hereinafter the ``Corporation''), has submitted a public information collection request (ICR) entitled the Longitudinal Evaluation of AmeriCorps Members: Respondent Tracking 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, Lillian Dote at (215) 597-2861. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 606-3472 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday.