June 18, 2012 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 10) granting the Complainant's motion to amend the complaint and the Notice of Investigation.

We, the U.S. Fish and Wildlife Service (Service) intend to amend the incidental take permit (PRT-840414) issued for the Multiple Species Conservation Program County of San Diego Subarea Plan (MSCP Subarea Plan). The County of San Diego (Applicant) has requested an amendment to the incidental take permit. The amendment would modify the MSCP Subarea Plan boundary to add approximately 210 acres of land solely for conservation purposes. If amended, no additional incidental take will be authorized. The Applicant will follow all other existing habitat conservation plan conditions. We also announce a public comment period.

The Food and Drug Administration (FDA) is announcing the availability of grant funds for the support of a Funding Opportunity Announcement (FOA) entitled ``Academic Development of a Training Program for Good Laboratory Practices in High Containment Environments (U24).'' In this FOA, FDA announces its intention to accept and consider a single source application for an award to the University of Texas Medical Branch (UTMB) Galveston National Laboratory (GNL) for the development and implementation of a certified, academic training course for instruction in Good Laboratory Practices (GLP) in a Biosafety Level (BSL) 4 High Containment Environment. FDA seeks to support an effort to design a robust, collaborative, and educational program using problem- based learning techniques designed to bring researchers and regulators together to educate each other on the challenges related to these issues and to identify solutions that are acceptable from both scientific and regulatory perspectives.

On June 5, 2012,\1\ the United States Court of International Trade (``CIT'') or (``Court'') sustained the Department of Commerce's (the ``Department'') results of redetermination \2\ pursuant to the CIT's remand order in Jinan Yipin Corporation, Ltd. and Shandong Heze International Trade and Developing Company, v. United States, 774 F. Supp. 2d 1238 (CIT April 12, 2011) (``Jinan Yipin III 2011'').

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC) is requesting approval from the Office of Management and Budget (OMB) to use four previously approved information collections consisting of three forms for filing complaints and disclosures of information, and an electronic survey form. These collections are listed below. The current OMB approval for Forms OSC-11, OSC-12, OSC-13, and the OSC Survey expires 9/30/12. We are submitting all three forms and the electronic survey for renewal. This will be a reinstatement of the forms, with changes to the Privacy Act Statement for the three forms for filing complaints and disclosures of information and the Consent Statement for Form OSC-12. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited to comment on these information collections for the final time. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) 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. Notice and request for public comment on these forms was published in the Federal Register on April 16, 2012 at 77 FR 22614 and on May 15, 2012 at 77 FR 28638.

EPA is finalizing four separate and independent determinations related to the New York-Northern New Jersey-Long Island (NY-NJ-CT) one- hour and 1997 eight-hour ozone nonattainment areas. The boundaries of the one-hour and eight-hour ozone nonattainment areas differ slightly. With respect to the NY-NJ-CT one-hour nonattainment area, EPA is determining that the area previously failed to attain the one-hour ozone National Ambient Air Quality Standard (NAAQS) by its applicable attainment deadline of November 15, 2007 (based on complete, quality- assured and certified ozone monitoring data for 2005-2007), and EPA is also determining that the area is currently attaining the now revoked one-hour ozone standard based on complete, quality-assured and certified ozone monitoring data for 2008-2010. Quality-assured ozone monitoring data in the Air Quality System for 2011 indicate the area continues to attain the revoked one-hour ozone standard. With respect to the NY-NJ-CT 1997 eight-hour ozone nonattainment area, EPA is determining that the area attained the 1997 eight-hour ozone standard by the applicable deadline, June 15, 2010, based on complete, quality-assured and certified ozone monitoring data for 2007-2009. EPA is also determining that the area is currently attaining the 1997 eight-hour ozone standard based on complete, quality-assured and certified ozone monitoring data for 2008-2010. Quality-assured ozone monitoring data for 2011 indicate that the area continues to attain the 1997 eight-hour ozone standard. EPA's ozone implementation regulation for the 1997 eight-hour ozone standard provides that the requirements for the States to submit certain reasonable further progress plans, attainment demonstrations, contingency measures and any other planning requirements of the Clean Air Act related to attainment of that ozone standard shall be suspended for as long as the area continues to attain the standard. A determination of attainment does not constitute a redesignation to attainment. Redesignation requires the states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for ten years after redesignation.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

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.

In accordance with requirements of the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C. 3501 et seq., the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of an existing information collection, as required by the PRA. On April 10, 2012 (77 FR 21558), the FDIC solicited public comment for a 60-day period on the renewal of the following information collection: Interagency Notice of Change in Director or Executive Officer (OMB No. 3064-0097). No comments were received. Therefore, the FDIC hereby gives notice of submission of its request for renewal to OMB for review.

The Forest Service will prepare a Supplemental Draft Environmental Impact Statement (SDEIS) to disclose the environmental consequences of implementing alternatives considered for the Scriver Creek Integrated Restoration Project. Following the public review period for the SDEIS, the Forest Service will issue the Final EIS and Record of Decision (ROD) which will identify the alternative selected by the Responsible Official for implementation. The need for a SDEIS is to allow the Forest Service to clearly identify all permits, licenses and other entitlements which may be needed to implement the proposed activities that were not otherwise identified in the DEIS released December 30, 2011 (FR Vol. 76, No. 251; NOA for EIS No. 20110438). Specifically, an SDEIS is needed to identify that a National Pollutant Discharge Elimination System (NPDES) permit may be required and comments on the SDEIS will be requested from the appropriate regulatory agencies and public to help assess whether such a permit is required. There have also been modifications made to the proposed action identified in the DEIS released December 30, 2011 concerning road systems, logging systems and watershed restoration opportunities as a result of updated field information. Additional alternatives may also be developed in response to comments received on the DEIS. Thus, the Responsible Official has determined that the purpose of the act [NEPA] would be furthered by issuing a SDEIS for additional review and comment prior to completion of the Final EIS.

We, the U.S. Fish and Wildlife Service, have received an application from Juan San Bartolome (applicant) for a 10-year incidental take permit for one species under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one listed animal, the threatened Central California Distinct Population Segment of the California tiger salamander (tiger salamander). The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the applicant's low-effect habitat conservation plan (Plan). We request comments on the applicant's application and Plan, and the preliminary determination that the Plan qualifies as a ``low-effect'' habitat conservation plan, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our environmental action statement (EAS), also available for public review.

NMFS issues this final rule to implement the annual catch limit (ACL), harvest guideline (HG), annual catch target (ACT) and associated annual reference points for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing year season of July 1, 2011, through June 30, 2012. NMFS establishes the ACL, HG, and ACT under the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for Pacific mackerel off the Pacific coast. The ACL (or maximum HG) for the 2011- 2012 Pacific mackerel fishing year is 40,514 metric tons (mt). The ACT, which will be the directed fishery harvest target, is 30,386 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the ACL and ACT (which is 10,128 mt) as a set-aside for incidental landings in other CPS fisheries. This final rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 717-200 airplanes. This AD was prompted by reports of cracks found on the center section ribs of the horizontal stabilizers. This AD requires repetitive inspections for cracking of the aft face of the left and right rib hinge bearing lugs of the center section of the horizontal stabilizer; and crack measurement, repairs, post-repair repetitive inspections, and installation of a new center section rib if necessary. We are issuing this AD to detect and correct cracking in the left and right bearing lugs of the rib hinge spreading at the same time, which could result in failure of both hinge bearing lugs. Failure of the hinge bearing lugs could result in the inability of the horizontal stabilizer to sustain flight loads and thereby reduce the controllability of the airplane.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive external detailed inspections or non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between station (STA) 400 and STA 460, and repair if necessary. This new AD adds inspections for cracking in additional fuselage skin locations, and repair if necessary. This new AD also reduces the inspection thresholds and repetitive intervals for certain airplanes. This AD was prompted by reports of additional crack findings of the fuselage skin at the chem-mill steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem- mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

We are superseding an existing airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R and A300 F4-600R series airplanes, Model A300 C4-605R Variant F airplanes, and Model A310 series airplanes. That AD currently requires modifying the wiring in the right-hand electronics rack. This new AD requires replacing the cockpit multi-tank indicators (MTI), and for certain airplanes, replacing high-level, low-level, and overflow sensors and their harness connectors, and re-instating the low-level warning indication to the cockpit MTI. This AD was prompted by reports of failures of four fuel level sensor-amplifier and MTI units. This AD also adds Model A310 series airplanes to the applicability. We are issuing this AD to prevent degradation of the electrical insulation sleeves of the low- level indication lamps on the MTI, which could cause a short circuit that might result in high voltage being conveyed to the high- and low- level sensors in the wing tanks. This condition could cause the level sensor to heat above acceptable limits, possibly resulting in a fuel tank explosion, and consequent loss of the airplane.

EPA is adopting several new aircraft engine emission standards for oxides of nitrogen (NOX), compliance flexibilities, and other regulatory requirements for aircraft turbofan or turbojet engines with rated thrusts greater than 26.7 kilonewtons (kN). We also are adopting certain other requirements for gas turbine engines that are subject to exhaust emission standards as follows. First, we are clarifying when the emission characteristics of a new turbofan or turbojet engine model have become different enough from its existing parent engine design that it must conform to the most current emission standards. Second, we are establishing a new reporting requirement for manufacturers of gas turbine engines that are subject to any exhaust emission standard to provide us with timely and consistent emission- related information. Third, and finally, we are establishing amendments to aircraft engine test and emissions measurement procedures. EPA actively participated in the United Nations' International Civil Aviation Organization (ICAO) proceedings in which most of these requirements were first developed. These regulatory requirements have largely been adopted or are actively under consideration by its member states. By adopting such similar standards, therefore, the United States maintains consistency with these international efforts.