August 10, 2007 – Federal Register Recent Federal Regulation Documents

The Federal Maritime Commission (``FMC'' or ``Commission'') amends its regulations relating to the method of filing Form FMC-18, Application for a License as an Ocean Transportation Intermediary (``OTI''), to provide for optional filing of OTI applications through a new electronic filing system. This optional filing system is intended to facilitate more efficient processing and review of applications for licensing. A filing fee of $250 will apply to new applicants for OTI licensing, and $125 for existing licensees who might want to use the optional electronic filing system to update their licensing records or to submit changes in the licensee's organization for which prior Commission approval is required.

The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice pertaining to any claim using alternative language to claim one or more species. The search and examination of such claims often consume a disproportionate amount of Office resources as compared to other types of claims, because determining the patentability of these claims often requires a separate examination of each of the alternatives within the claims. The Office expects that requiring applicants who choose to draft claims that read on multiple species using alternative language to maintain a certain degree of relatedness among the alternatives will enable the Office to do a more thorough and more reliable examination of such claims.

This action will establish Class E airspace at Beaver, UT. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Instrument Approach Procedure (SIAP) at Beaver Municipal Airport. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS IAP at Beaver Municipal Airport, Beaver, UT.

This document contains a direct final rule amending the civil penalty regulation under section 502(c)(7) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) to reflect recent amendments to this section in the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780 (PPA). These amendments authorize the Secretary of Labor to assess civil penalties not to exceed $100 per day for each violation of section 101(m) of ERISA. Section 101(m) of ERISA requires plan administrators of individual account plans to notify participants and beneficiaries of their right to sell the company stock in their accounts and reinvest the proceeds into other investments available under the plan. The notice must also inform the recipients of the importance of diversifying the investments in their accounts.

The Nuclear Regulatory Commission (NRC) is amending the size standards it uses to qualify an NRC licensee as a small entity under the Regulatory Flexibility Act and making the same change to its annual fee rule. NRC is increasing the receipts- based small business size standard from $5 million to $6.5 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for the nonmanufacturing industries. SBA adjusted this standard on January 23, 2002 (67 FR 3041) and on December 6, 2005 (70 FR 72577) to account for inflation.

The Department of Labor amends the regulations governing the employee protection (``whistleblower'') provisions of Section 211 of the Energy Reorganization Act of 1974, as amended (``ERA''), to implement the statutory changes enacted into law on August 8, 2005, as part of the Energy Policy Act of 2005. The regulations also make the procedures for handling retaliation complaints under Section 211 of the ERA and the environmental whistleblower statutes listed in Part 24 as consistent as possible with the more recently promulgated procedures for handling retaliation complaints under other employee protection provisions administered by the Occupational Safety and Health Administration (``OSHA''), see 29 CFR parts 1979-1981.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as amended, the United States Section, International Boundary and Water Commission (USIBWC) has prepared a Draft Programmatic Environmental Impact Statement (Draft PEIS) for future improvements to three Rio Grande Flood Control Projects (FCP) operated by the USIBWC along the Texas-Mexico Border: the Rectification FCP, the Presidio FCP and Lower Rio Grande FCP. The PEIS, prepared in cooperation with the United States Bureau of Reclamation, United States Fish and Wildlife Service and United States Army Corps of Engineers, analyzes potential impacts of the No Action Alternative and three action alternatives for future FCP improvements under consideration. Because several measures under consideration are at a conceptual level of development, the USIBWC has taken a broad programmatic look at the potential environmental implications of measures identified for future implementation. The USIBWC will apply the programmatic evaluation as an overall guidance for future environmental evaluations of individual improvement projects whose implementation is anticipated or possible within a 20-year timeframe. Once any given improvement project is identified for future implementation, site-specific environmental documentation will be developed based on project specifications and PEIS findings. Public participation in the evaluation of potential effects is encouraged. Public hearings will be held at the Cities of El Paso, Presidio and McAllen, Texas, to receive oral comments on the Draft PEIS from interested organizations and individuals through transcription by a certified court reporter. Written comments may be submitted at the public hearings, or mailed to the USIBWC during the 45-day public review period to the contact and address below.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning termination settlement proposal forms (Standard Forms 1435 through 1440). A request for public comments was published in the Federal Register at 72 FR 19188, on April 17, 2007. No comments were received. This OMB clearance expires on August 31, 2007. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or Sanctuary) is seeking applicants for both primary and alternate members of the following seats on its Sanctuary Advisory Council (Council): Education, Fishing, Hawaii County, Honolulu County, Kauai County, Maui County, Native Hawaiian, and Research. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve 2-year terms, pursuant to the Council's Charter.

The Department of the Army announces the availability of a ROD documenting and explaining the decision to implement realignment transformation actions, as directed by the Base Realignment and Closure (BRAC) Commission, at the Pinon Canyon Maneuver Site (PCMS) in Las Animas County in southeastern Colorado, and other Army transformation programs. The decision is based on the analysis described in the Final PCMS Transformation Environmental Impact Statement (EIS), supporting studies, and comments provided during formal comment and review periods.

This announcement provides notice that Donald Williams has filed an administrative appeal with the Department of Commerce asking that the Secretary override the State of New York's objection to his proposed erosion-control project along the shoreline of Lake Ontario in Niagara County, New York.

In accordance with the National Environmental Policy Act, the Federal Land Policy and Management Act, and the Revested Oregon and California Railroad and Reconveyed Coos Bay Wagon Road Grant Lands Act (O&C Lands Act), the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/Draft Environmental Impact Statement (DRMP/DEIS) to revise selected portions of the 1995 Resource Management Plans (RMPs) for six BLM districts in western Oregon. These revisions will address the sustained yield timber production provisions of the O&C Lands Act as well as resource protection provisions of the Endangered Species Act and the Clean Water Act. The alternatives in the DRMP/DEIS also comply with the 2003 settlement agreement between the Secretary of the Interior and the American Forest Resource Council (AFRC, et al v. Clarke).

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which requires 60 days for public comment on proposed information collection projects, the Indian Health Service (IHS) is publishing for comment a summary of a proposed information collection to be submitted to the Office of Management and Budget (OMB) for review. Proposed Collection: Title: 0917-0006, ``Application for Participation in the IHS Scholarship Program.'' Type of Information Collection Request: Three-year extension, without change of currently approved information collection, 0917-0006, ``Application for Participation in the IHS Scholarship Program.'' Form Number(s): IHS- 856, 856-2 through 856-8, IHS-815, IHS-816, IHS-817, IHS-818, D-02, F- 02, F-04, G-02, G-04, H-07, H-08, J-04, J-05, K-03, K-04, and L-03. Reporting formats are contained in an IHS Scholarship Program application booklet. Need and Use of Information Collection: The IHS Scholarship Branch needs this information for program administration and uses the information to solicit, process, and award IHS Pre- graduate, Preparatory, and/or Health Professions Scholarship grants and monitor the academic performance of awardees and to place awardees at payback sites. The IHS Scholarship Program is streamlining the application to reduce the time needed by applicants to complete and provide the information. The IHS Scholarship Program plans on using information technology to make the application electronically available on the internet. Affected Public: Individuals, not-for-profit institutions and State, local or tribal government. Type of Respondents: Students pursuing health care professions. The table below provides: Types of data collection instruments, Estimated number of respondents, Number of responses per respondent, Annual number of responses, Average burden hour per response, and Total annual burden hour(s).

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

This South Gifford Pinchot National Forest Resource Advisory Committee will meet on Thursday, September 6th at the Skamania County Courthouse Annex, 170 NW. Vancouver Ave., Stevenson, Washington. The meeting will begin at 9:30 a.m. and continue until 5 p.m. The purpose of the meeting is to review ongoing Title II and III projects, elect a chair, set an indirect project percentages, and make recommendations on proposals for Title II funding of projects under the Secure Rural Schools and County Self-Determination Act of 2000. All South Gifford Pinchot National Forest Resources Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend. The ``open forum'' provides opportunity for the public to bring issues, concerns, and discussion topics to the Advisory Committee. The ``open forum'' is scheduled to occur at 9:45 a.m. on September 6, 2007. Interested speakers will need to register prior to the open forum period. The committee welcomes the public's written comments on committee business at any time.