October 26, 2010 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) has announced the following appointments to the NRC Performance Review Board. The following individuals are appointed as members of the NRC Performance Review Board (PRB) responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level System employees:

The purpose of this notice is to reopen the nomination period for the Bureau of Land Management's (BLM) New Mexico Resource Advisory Councils (RAC). The RACs provide advice and recommendations to the BLM on land use planning and management of the public lands within their geographic areas.

The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for a right-of-way (ROW) lease/grant to Calico Solar Limited Liability Corporation (LLC) for the Calico Solar Project (formerly SES Solar One) and an associated Amendment to the California Desert Conservation Area Resource Management Plan (CDCA Plan). The Calico Solar Project is located in San Bernardino County, California. The Secretary of the Interior signed the ROD on October 20, 2010, which constitutes the final decision of the Department. The ROD and the Approved Plan Amendment are effective immediately.

The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2011 season. These regulations will enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that go into effect on April 2, 2011, and expire on August 31, 2011.

The Food and Drug Administration (FDA) is amending the animal drug regulations by removing those portions that reflect approval of eight new animal drug applications (NADAs). In a notice published elsewhere in this issue of the Federal Register, FDA is withdrawing approval of these NADAs.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Pacific Renewable Energy Generation LLC (applicant) for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). We are considering issuing an incidental take permit (ITP) that would authorize the applicant's take of the federally endangered El Segundo Blue Butterfly incidental to otherwise lawful activities that would result in the loss of Coast Buckwheat, which serves as butterfly habitat. We invite comments from the public on the application, which includes the Geotechnical Boring Project Habitat Conservation Plan (HCP), and on our preliminary determination that the HCP qualifies as a low-effect plan that is eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended.

The Centers for Disease Control and Prevention (CDC) announces the persons who will serve on the CDC's 2010 Performance Review Board. This action is being taken in accordance with Title 5, U.S.C., 4314(c)(4), which requires that members of performance review boards be appointed in a manner to ensure consistency, stability, and objectivity in performance appraisals and requires that notice of the appointment of an individual to serve as a member be published in the Federal Register. The following persons will serve on the CDC Performance Review Board, which is responsible for making recommendations on performance appraisal ratings, pay adjustments, and performance awards for CDC's Senior Executive Service (SES) members: Kevin Fenton (Co-Chair), Lynn Austin (Co-Chair), Ed Hunter, Rima Khabbaz, Crayton Lankford, Carolyn Black, Christine Branche, Anne Haddix, Barbara Harris, Jim Seligman, Walter Harris, Hazel Dean, Bill Porter. For further information about the CDC Performance Review Board, contact the Centers for Disease Control and Prevention, Human Capital Management Office, Human Capital Planning Branch, 1600 Clifton Road, NE., MS E-50, Atlanta, GA 30333. Telephone (404) 498-6709 (not a toll free number).

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding five (5) Information Collection Requests (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR(s) describe the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (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. 1. Title and purpose of information collection: 3220-0136, Public Service Pension Questionnaires. Public Law 95-216 amended the Social Security Act of 1977 by providing, in part, that spouse or survivor benefits may be reduced when the beneficiary is in receipt of a pension based on employment with a Federal, State, or local governmental unit. Initially, the reduction was equal to the full amount of the government pension. Public Law 98-21 changed the reduction to two-thirds of the amount of the government pension. Public Law 108-203 amended the Social Security Act by changing the requirement for exemption to public service offset, that Federal Insurance Contributions Act (FICA) taxes be deducted from the public service wages for the last 60 months of public service employment, rather than just the last day of public service employment. Sections 4(a)(1) and 4(f)(1) of the Railroad Retirement Act (RRA) provides that a spouse or survivor annuity should be equal in amount to what the annuitant would receive if entitled to a like benefit from the Social Security Administration. Therefore, the public service pension (PSP) provisions apply to RRA annuities. RRB Regulations pertaining to the collection of evidence relating to public service pensions or worker's compensation paid to spouse or survivor applicants or annuitants are found in 20 CFR 219.64c. The RRB utilizes Form G-208, Public Service Pension Questionnaire, and Form G-212, Public Service Monitoring Questionnaire, to obtain information used to determine whether an annuity reduction is in order. The RRB proposes a non-burden impacting editorial change to G-208 and no changes to Form G-212. The RRB estimates the completion time for Form G-208 at 16 minutes and G-212 at 15 minutes. If a respondent fails to complete the form(s), the RRB may be unable to pay them benefits. One response is required from a respondent. Previous Requests for Comments: The RRB has already published the initial 60-day notice (75 FR 51117 on August 18, 2010) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006), (Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the proposed information collection described below.