November 18, 2010 – Federal Register Recent Federal Regulation Documents

On July 9, 2010, the Department of Commerce (``Department'') initiated the third sunset review of the antidumping duty order on petroleum wax candles from the People's Republic of China (``PRC''). On the basis of a timely notice of intent to participate and an adequate substantive response filed on behalf of a domestic interested party, as well as an inadequate response from any respondent interested parties (in this case, no response), the Department conducted an expedited sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the margins identified in the Final Results of Review section of this notice.

EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1) which was the subject of premanufacture notice (PMN) P-04-269. This proposed rule would require persons who intend to manufacture, import, or process the substance for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

EPA is proposing to disapprove severable portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on May 1, 2001, and August 16, 2007, that create and amend the System Cap Trading (SCT) Program at Title 30 of the Texas Administrative Code, Chapter 101General Air Quality Rules, Subchapter HEmissions Banking and Trading, Division 5, sections 101.380, 101.382, 101.383, and 101.385. EPA is proposing disapproval of the SCT program because the program lacks several necessary components for emissions trading programs as outlined in EPA's Economic Incentive Program Guidance. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA).

EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by the Kansas Department of Health and Environment (KDHE) on October 4, 2010 for parallel processing. The proposed SIP revision (Kansas Administrative Regulation 28-29-350) to Kansas's Prevention of Significant Deterioration (PSD) program provides the state of Kansas with authority to regulate GHG emissions under the PSD program. The proposed SIP revision also establishes appropriate emission thresholds and time-frames for which stationary sources and modification projects become subject to Kansas's PSD permitting requirements for their GHG emissions, in accordance with the provisions of the ``PSD and Title V Greenhouse Gas Tailoring Final Rule'' published June 3, 2010, in the Federal Register at 75 FR 31514. EPA is proposing approval through a parallel processing action.

This is a notice of an Administrative declaration of a disaster for the State of Texas dated 11/09/2010. Incident: Tropical Storm Hermine. Incident Period: 09/06/2010 through 09/10/2010. Effective Date: 11/09/2010. Physical Loan Application Deadline Date: 01/10/2011. Economic Injury (EIDL) Loan Application Deadline Date: 08/09/2011.

In accordance with Sec. 103(c)(6) of the Presidio Trust Act, 16 U.S.C. 460bb appendix, and in accordance with the Presidio Trust's bylaws, notice is hereby given that a public meeting of the Presidio Trust Board of Directors will be held commencing 6:30 p.m. on Wednesday, December 8, 2010, at the Golden Gate Club, 135 Fisher Loop, Presidio of San Francisco, California. The Presidio Trust was created by Congress in 1996 to manage approximately eighty percent of the former U.S. Army base known as the Presidio, in San Francisco, California. The purposes of this meeting are to approve minutes of a previous Board meeting, to provide the Executive Director's report, to provide the Chairperson's report, to provide the Finance and Audit Committee report, to approve a Revised Fiscal Year 2011 Budget Forecast and Five- Year Construction Plan, to provide project updates, and to receive public comment on other matters in accordance with the Trust's Public Outreach Policy. Individuals requiring special accommodation at this meeting, such as needing a sign language interpreter, should contact Mollie Matull at 415.561.5300 prior to December 1, 2010. Time: The meeting will begin at 6:30 p.m. on Wednesday, December 8, 2010.

NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.

This notice announces the application of TUV Rheinland PTL, LLC, for recognition as a Nationally Recognized Testing Laboratory, and presents the Agency's preliminary finding to grant this recognition.

This notice announces the application of QPS Evaluation Services Inc. for recognition as a Nationally Recognized Testing Laboratory, and presents the Agency's preliminary finding to grant this recognition.

On June 30, 2010, the U.S. Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Taiwan. The review covers two firms: Yieh Phui Enterprise Co., Ltd. (Yieh Phui) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). Based on a withdrawal of the request for review from United States Steel Corporation (Petitioner), we are now rescinding this administrative review with respect to Yieh Hsing.

This provides the consolidated notice of all agency specific excepted authorities, approved by the Office of Personnel Management (OPM), under Schedule A, B, or C, as of June 30, 2010, as required by Civil Service Rule VI, Exceptions from the Competitive Service.

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:

On July 26, 2010, the U. S. Nuclear Regulatory Commission (NRC or the Commission) published for public comment a proposed rule to amend its regulations to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license. The proposed rule would also modify the existing possession and use requirements of the general license for small quantities of source material and revise, clarify, or delete certain source material exemptions from licensing. The public comment period for this proposed rule was to have expired on November 23, 2010. The NRC has determined a need to develop draft implementation guidance to support this proposed rule and plans to publish such draft guidance no later than early January 2011. In order to allow the public sufficient time to review and comment on the proposed rule with the benefit of review of the draft implementation guidance, the NRC has decided to extend the comment period until February 15, 2011.

The Commodity Promotion, Research, and Information Act of 1996 (Act) authorizes a program of promotion, research, and information to be developed through the promulgation of the Sorghum Promotion, Research, and Information Order (Order). The Act requires that the Secretary of Agriculture (Secretary) conduct a referendum among persons subject to assessments who, during a representative period established by the Secretary, have engaged in the production or importation of sorghum. This final rule establishes procedures the Department of Agriculture (USDA) will use in conducting the required referendum as well as future referenda. Eligible persons will be provided the opportunity to vote during a specified period announced by USDA. For the program to continue, it must be approved, with an affirmative vote, by at least a majority of those persons voting who were engaged in the production or importation of sorghum during the representative period.

The National Institute of Food and Agriculture (NIFA), formerly the Cooperative State Research, Education, and Extension Service (CSREES), is publishing a set of specific administrative requirements as subpart O to 7 CFR part 3430 for the Sun Grant Program to supplement the Competitive and Noncompetitive Non-formula Federal Assistance ProgramsGeneral Award Administrative Provisions for this program. The Sun Grant Program is authorized under section 7526 of the Food, Conservation, and Energy Act of 2008 (FCEA).

BPA is holding a consolidated rate proceeding, Docket No. BP- 12, to establish power and transmission rates for FY 2012-2013. The purpose of this Federal Register Notice is to provide notice of the proposed power rates and the rates for control area services and certain ancillary services (listed below, Section IV.C.). BPA will issue a separate Federal Register Notice to provide notice of the proposed transmission rates and the rates for the other ancillary services. The Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) provides that BPA must establish and periodically review and revise its rates so that they are adequate to recover, in accordance with sound business principles, the costs associated with the acquisition, conservation, and transmission of electric power, including amortization of the Federal investment in the Federal Columbia River Power System (FCRPS) over a reasonable number of years and BPA's other costs and expenses. The Northwest Power Act also requires that BPA's rates be established based on the record of a formal hearing, and for transmission rates only, that the costs of the Federal transmission system be equitably allocated between Federal and non-Federal power utilizing the system. By this notice, BPA announces the commencement of a rate adjustment proceeding for proposed power rates, control area services rates, and certain ancillary services rates that will be effective on October 1, 2011. In the near future, BPA will begin a Residential Exchange Program (REP) Settlement Proceeding, Docket No. REP-12. This separate docket will provide a forum to review the terms and conditions of a proposed 17-year settlement of litigation regarding BPA's implementation of the REP. Even though the proposed REP settlement involves issues interrelated with the establishment of power rates for the FY 2012-2013 rate period, BPA has chosen to exclude certain issues from the development of power rates in the BP-12 rate proceeding and address them in the REP-12 proceeding. Specifically, the REP-12 proceeding will address whether BPA should adopt the REP settlement, issues regarding the terms of the REP settlement, the implementation of the section 7(b)(2) rate test, the implementation of the section 7(b)(3) allocation, the forecast of utilities' Average System Costs (ASC), the amount and application of the remaining Lookback balance, and the allocation of REP costs to BPA's power rates. The REP-12 proceeding will conclude prior to the publication of final studies and the issuance of the Record of Decision (ROD) in BP-12. The final decisions in REP-12 will be incorporated into the final studies and power rate calculations in BP-12. See section II.D.12.