December 23, 2010 – Federal Register Recent Federal Regulation Documents

Networking and Information Technology Research and Development (NITRD) Program; National Coordination Office (NCO); Request for Information (RFI) Regarding the President's Council of Advisors on Science and Technology (PCAST) Report Entitled ``Designing a Digital Future: Federally Funded Research and Development in Networking and Information Technology'' This document is a request for comments on strategies for meeting the goals and recommendations of the recently released PCAST report on networking and information technology research and development (see https://www.whitehouse.gov/administration/eop/ostp/pcast).

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments and Listing of Ingredients in Tobacco Products'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The Office of English Language Programs of the Bureau of Educational and Cultural Affairs (ECA/A/L) announces an open competition for the English Language Materials Training and Development Program, including a U.S. exchange component in summer, 2012. U.S. public and private universities with a graduate TEFL program meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to implement the program that will include the following: 1. A needs assessment for English language instructional materials abroad; 2. an rigorous, online academic program in materials development for 26 international participants; 3. a three- week, U.S. exchange program for the same 26 participants including materials development training; 4. the revision of at least three products/publications presently in the ECA/A/L materials catalogue and the development of at least three new products/publications. More detailed information about each of these four components of this cooperative agreement are detailed in the Program Objectives, Goals, and Implementation (POGI). Funding is pending the availability of FY- 2011 funds. For the needs assessment for English language instructional materials, the proposal should include a detailed plan for the recipient organization to perform a needs assessment among English language learners and instructors outside the U.S., including present and past participants in ECA/A/L programs as well as the Regional English Language Officers (RELOs), the corps of State Department Specialist Foreign Service Officers based around the world. The objective of the materials needs assessment will be to identify instructional materials preferences and needs of learners and instructors of English. This information will serve to inform the development and implementation of the other components of this program. For the online program in materials development, proposals must outline and demonstrate an ability to produce an online program that blends various social media and web-based technologies to provide professional development opportunities on materials assessment, review, adaptation and development to approximately twenty-six foreign participants. The participants will be selected by ECA/A/L in consultation with the RELOs. Participants will be: citizens of the country in which they reside; university degree holders, preferably at the graduate level in the fields of TEFL or Applied Linguistics; employed in a position which includes substantive responsibilities in the area of materials assessment, adaptation, development, or closely related area; in positions of authority with regard to the adaptation, development and use of instructional materials at the institutional, regional, and/or national levels; and professionally proficient in English. The online program must commence at least ten weeks before the U.S. exchange and include at least five sessions after completion of the U.S. exchange. The program must also incorporate existing ECA/A/L materials, drafts of revised materials, and new products/publications as illustrations throughout the online program. For the U.S. university-based Exchange component, the recipient will develop and implement a workshop in the U.S. for the twenty-six English language teaching professionals who have been participating in online program. The four-week U.S. Exchange should be implemented in July of 2012 and include an orientation to the U.S.; an intensive program on materials assessment, adaptation, review and development; cultural and community service activities; and a three day briefing in Washington, DC at the conclusion of the exchange component. The Washington, DC briefing should familiarize participants with ECA and other relevant bureaus within the State Department, allow participants to meet with English language materials developers from Washington, DC, and provide an opportunity for participants to share their materials development program development plans. Participants will be encouraged to develop a materials development program to implement in their home countries following the exchange program. The proposal should include a detailed plan for the content, administration, and implementation of the U.S. exchange. For the materials revision and production component, the recipient will revise at least three current ECA/A/L products/publications and develop at least three new products/publications based on the findings of the materials needs analysis. The recipient will prepare revised drafts of existing ECA/A/L materials and new materials based on feedback from program participants garnered during the second and third components of this program and present at least three publishable revised ECA/A/L products/publications and at least three publishable new products/publications to ECA/A/L for review and future publication. Applicant organizations should demonstrate a substantial track record of conducting substantive academic programs for EFL educators with a particular emphasis on materials assessment and development, conducting needs assessments internationally, developing and implementing training programs through virtual media, developing English language materials for teachers and learners in EFL settings, and managing logistical and administrative aspects of similar programs.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000, I hereby determine that the objects to be included in the exhibition ``The Buddhist Heritage of Pakistan,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Asia Society, New York, New York, from on or about March 1, 2011, until on or about May 30, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Natural Resources Defense Council, Inc. and Coalition for a Safe Environment (collectively ``Plaintiffs'') in the United States District Court for the Central District of California: Natural Resources Defense Council, Inc., et al. v. Jackson, No. CV-10-6029-MMM-AGR (C.D. CA.). On August 12, 2010, Plaintiffs filed a complaint alleging that EPA failed to perform nondiscretionary duties under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2) to take final action to approve or disapprove (1) the State Strategy for the 2007 State Implementation Plan (``2007 State SIP''), submitted to EPA on November 16, 2007, and (2) the 2007 Air Quality Management Plan for the South Coast Air Quality Management District (``2007 South Coast SIP''), submitted to EPA on November 28, 2007. The proposed consent decree establishes a deadline for EPA to take action.

This notice sets forth the schedule and agenda of the upcoming open meeting of the NACIQI. It also informs members of the public how to submit third-party written comments and how to submit third-party oral comment requests. The notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act (FACA) and section 114(d)(1)(B) of the Higher Education Act of 1965, as amended (HEA), and as background, summarizes the functions of the NACIQI. Meeting Date and Place: The NACIQI meeting will be held on February 3-4, 2011, from 8:30 a.m. to approximately 5:30 p.m., at the Holiday Inn and Suites, Ballrooms A-C, 625 First Street, Alexandria, VA 22314. For further information about the meeting location or for hotel reservations, contact the hotel at 703-548-6300. Agenda: The agenda for the meeting will include presentations to inform the NACIQI generally regarding the accreditation of institutions of higher education, the certification and eligibility of such institutions for purposes of the Federal student aid programs authorized under Title IV of the HEA, the relationship between the two, and regarding State licensing responsibilities with respect to such institutions. As background, the current system of accreditation/recognition draws upon a variety of participants, definitions, and processes. Taken together, these elements reflect commonalities and divergences among the concepts of ``quality assurance,'' ``continuous improvement,'' and ``compliance,'' as well as tension between gatekeeping for the institutional eligibility for student aid and accreditation as a broader quality assurance and quality improvement process. There are also disparities between compliance with regulation and accreditation via peer review, as well as varying roles and interests of Federal and State entities, professional/trade/membership organizations, and the public. The NACIQI will hear from a variety of speakers concerning the above topics, in order to consider the broad question of what is working (and not working) in the current system of recognition, accreditation, and student aid eligibility. All oral presentations and written materials submitted will inform the NACIQI as it develops a set of recommendations to the Secretary for the reauthorization of the HEA. NACIQI'S Statutory Authority and Functions: The NACIQI was established under Section 114 of the HEA. It advises the Secretary of Education about: The establishment and enforcement of the Criteria for Recognition of accrediting agencies or associations under Subpart 2, Part H, Title IV, of the HEA. The recognition of specific accrediting agencies or associations, or a specific State approval agency. The preparation and publication of the list of nationally recognized accrediting agencies and associations. The eligibility and certification process for institutions of higher education under Title IV, HEA. The relationship between: (1) Accreditation of institutions of higher education and the certification and eligibility of those institutions and (2) State licensing responsibilities with respect to those institutions. Any other advisory functions relating to accreditation and institutional eligibility that the Secretary may prescribe. Instructions for Submitting a Third-Party Written Comment for the February 2011 NACIQI Meeting: Submit your written comments by e-mail on or before January 16, 2011, to aslrecordsmanager@ed.gov. Enter the subject line as ``Written Comments to NACIQI Regarding Reauthorization of the HEA, concerning [insert specific topic or statutory citation here].'' Also, in the body of your written comments, please insert a subject heading above each subject area addressed. Instructions for Making a Third-Party Oral Comment at the February 2011 NACIQI Meeting: There are two methods the public may use to make a third-party oral comment concerning the reauthorization of the HEA during the February 3-4, 2011, meeting. First Method: Submit a written request via e-mail in advance of the meeting to make a third-party oral presentation. A total of 30 minutes of the meeting will be allotted for commenters who have submitted an advance request. Depending on the number of requests received, commenters will be selected on a first-come, first-served basis and if selected, each commenter will be provided three to five minutes to speak. Each request must be received on or before January 16, 2011, and must be sent to aslrecordsmanager@ed.gov with the subject line listed as ``Request to Provide Oral Comments to NACIQI Regarding Reauthorization of the HEA concerning [insert specific topic or statutory citation here].'' Your request (no more than three pages) must include: 1. The name, title, affiliation, mailing address, e-mail address, telephone and facsimile numbers, and Web site (if any) of the person/ group requesting to speak; and 2. A brief summary of the principal points to be made during the oral presentation, as well as the statutory citation related to the points to be covered. Only individuals whose requests are made in accordance with these instructions will become eligible for an opportunity to speak under this method. Please do not send material directly to the NACIQI members. Second Method: Sign up on February 4, 2011, to make oral comments that day expressing your views regarding reauthorization. The sign-up form will request the name, title, affiliation, mailing address, e-mail address, telephone and facsimile numbers, and Web site (if any). A total of 30 minutes of the meeting will be allotted for commenters who sign up the day of the meeting. Individuals or groups that sign up on the day of the meeting will be selected on a first-come, first-served basis, based on when the completed sign-up sheet is received and time-stamped. If selected, each commenter will be provided from three to five minutes, depending on the number of requests received. If a person or group requests to make oral comments in advance, they may not also sign-up to make oral comments the day of the meeting. The Chair will confine oral commenters to the topic of reauthorization. Members of the public will be eligible to make third-party oral comments only in accordance with these instructions. Their comments will become part of the official record and will be considered by the NACIQI in its deliberations. Access to Records of the Meeting: The Department will post the official report of the meeting on the NACIQI Web site shortly after the meeting. Pursuant to the FACA, the public may also inspect the materials at 1990 K Street, NW., Washington, DC, by e-mailing aslrecordsmanager@ed.gov or by calling (202) 219-7067 to schedule an appointment. Electronic Access to this Document: You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF), or on the Internet at the following site: https://www.ed.gov/legislation/ fedregister. To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-866- 512-1800 or, in the Washington, DC area at (202)512-0000. Reasonable Accommodations: Individuals who will need accommodations for a disability in order to attend the February 3-4, 2011 meeting (i.e., interpreter services, assistive listening devices, and/or materials in alternative format) should contact Department staff by telephone at (202) 219-7067; or, e-mail at aslrecordsmanager@ed.gov, no later than January 17, 2010. We will attempt to meet requests after this date, but cannot guarantee the availability of the requested accommodation. The meeting site is accessible.

The Department of Energy (DOE or the Department) requests information and comments on issues related to its current chronic beryllium disease prevention program. The Department solicits comment and information on the permissible exposure level, establishing surface action levels, the use of warning labels to release items that are free of removable surface levels of beryllium to other DOE facilities for non-beryllium use or to general members of the public, medical restrictions for beryllium workers, and other pertinent subjects. The information received in response to this request will assist DOE in determining the appropriate course of action regarding its chronic beryllium disease prevention program.

The NRC staff is issuing the revised NUREG-1800, ``Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants'' (SRP-LR); and the revised NUREG-1801, ``Generic Aging Lessons Learned (GALL) Report.'' These revised documents describe methods acceptable to the NRC staff for implementing the license renewal rule, Title 10, of the Code of Federal Regulations Part 54 (10 CFR part 54), as well as techniques used by the NRC staff in evaluating applications for license renewals. The draft versions of these documents were issued for public comment on May 18, 2010 (75 FR 27838). The NRC staff assessment of public comments and the technical bases for changes made in the GALL Report will be issued at a later date as NUREG-1950, ``Disposition of Public Comments and Technical Bases for Changes in the License Renewal Guidance Documents NUREG-1800 and NUREG- 1801.''

The Food and Drug Administration (FDA) is announcing the availability of draft ``Compliance Policy Guide Sec. 510.800 BeveragesServing Size Labeling'' (the draft CPG). The draft CPG, when finalized, will provide guidance for FDA staff on FDA's exercise of enforcement discretion related to serving size labeling for certain beverages that are packaged in containers larger than 20 fluid ounces and that display calories per 12 fluid ounce serving on the front of the container.

The FAA is issuing this notice to advise the public of a meeting of EUROCAE WG-72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting).

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 224: Airport Security Access Control Systems.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 9 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.

In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. The FMCSA requests approval to revise and extend an ICR entitled, ``Hazardous Materials Safety Permits.'' This ICR requires companies holding permits to develop communications plans that allows for the periodic tracking of the shipments. A record of the communications that includes the time of the call and location of the shipment may be kept by either the driver (e.g., recorded in the log book) or the company. These records must be kept, either physically or electronically, for at least six months at the company's principal place of business or readily available to the employees at the company's principal place of business. This ICR is being revised due to an increase in the estimated number of annual trips in which permitted Hazardous Materials (HM) is transported resulting in a change to the total information collection burden for maintaining a daily communication record. On September 9, 2010, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. No comment was received.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 220: Automatic Flight Guidance and Control.

Announcement is made of the availability for licensing of the invention set forth in U.S. Patent 6,254,873 which issued July 3, 2001, entitled ``Inactivated Dengue Virus Vaccine,'' and U.S. Patent 6,190,859, entitled ``Method and Kit for Detection of Dengue Virus,'' issued February 20, 2001. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

The Food and Drug Administration (FDA) is announcing the availability of Compliance Policy Guide Sec. 527.300 Dairy Products Microbial Contaminants and Alkaline Phosphatase Activity (the CPG). The CPG provides guidance for FDA staff on its enforcement policies for pathogens and other indicators of inadequate pasteurization or post-pasteurization contamination of dairy products.

This notice announces the Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council's (FFIEC) adoption of its amended ASC Rules of Operation. The ASC Rules of Operation serve as corporate bylaws outlining the ASC's purpose, functions, authority, organization and operation.

VA published two documents in the Federal Register, an interim final rule on May 19, 2008 (73 FR 29024) and a final rule on February 8, 2010 (75 FR 6098), which implement portions of the Veterans Benefits, Health Care, and Information Technology Act of 2006. Both documents contain a typographical error in a cross reference citation. This document corrects that error.