October 9, 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Commerce is currently seeking expressions of interest from individuals in serving as a member of one of the Sixty District Export Councils (DECs) nationwide. The DECs are closely affiliated with the U.S. Export Assistance Centers of the U.S. Commercial Service. DECs combine the energies of more than 1,500 exporters and export service providers who promote U.S. exports. DEC members volunteer at their own expense.

Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Jon Sudb[oslash], D.D.S., Norwegian Radium Hospital: Based on the findings of an investigation conducted by the Investigation Commission appointed by Norwegian Radium Hospital (NRH) and the University of Oslo, the respondent's own admission, and additional analysis and information obtained by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that Jon Sudb[oslash], D.D.S., former doctoral student and faculty member, University of Oslo, and former physician in the Department of Medical Oncology and Radiotherapy, NRH, engaged in scientific misconduct by reporting fabricated and/or falsified research in grant application 1 P01 CA106451-01 submitted to the National Cancer Institute (NCI), National Institutes of Health (NIH), and its first-year progress report. Specifically, PHS found that Dr. Sudb[oslash] engaged in scientific misconduct by falsifying and fabricating research that served as the rationale for Project 1, ``Oral Cancer Prevention with Molecular Targeting Therapy,'' with Dr. Jon Sudb[oslash], as project leader, in the grant application, and by falsifying a progress report for the awarded grant. In particular, in Figure 1 of the Background and Significance section of the grant application, Dr. Sudb[oslash] reported fabricated/falsified results for the effects of lesion ploidy upon survival in patients with oral pre-malignant lesions. In the Preliminary Data section of the grant application, Dr. Sudb[oslash] reported several events intended to demonstrate his experience in the research field that the Investigation Commission stated ``appear as pure fiction.'' Also, in the first yearly progress report for the funded grant, Dr. Sudb[oslash] falsified the number of patients that had been screened for admission to the study. In addition to three publications for which Dr. Sudb[oslash] admitted falsifying and/or fabricating data, the Investigation Commission found at least twelve other publications that warranted retraction because they could not be considered valid. The research reported in these publications was not supported by PHS funds. However, the publications address the same general research area as that addressed in the grant application and demonstrate a pervasive pattern of falsification/fabrication in research reporting on the part of Dr. Sudb[oslash]. The falsified/fabricated data presented in the grant application purport to demonstrate the feasibility of preventing cancer in a high risk population with nontoxic oral agents. Dr. Sudb[oslash] has entered into a Voluntary Exclusion Agreement (Agreement) in which he has voluntarily agreed, beginning on August 31, 2007: (1) To exclude himself permanently from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government as delineated in the OMB Guidelines to Agencies on Governmentwide Debarment and Suspension at 2 CFR Part 376, et seq.; Dr. Sudb[oslash] agrees that he will not petition HHS to reverse or reduce the scope of the permanent voluntary exclusion or other administrative actions that are the subject of this Agreement; and (2) To exclude himself permanently from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant or contractor to PHS.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the program of the Agency's use of supervised bank accounts (SBA).

This document identifies and provides guidance on the current FAA policies regarding requests for exemption from the rules governing the operation of aircraft for the purpose of carrying passengers on living history flights in return for compensation. Specifically, this document clarifies which aircraft are potentially eligible for an exemption and what type of information petitioners should submit to the FAA for proper consideration of relief from the applicable regulations.

The Department of Commerce (the Department) is seeking public comment on whether the operation of the Propane Education and Research Council (PERC), in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on residential, agricultural, process and nonfuel users of propane. This notice of inquiry is part of an effort to collect information to fulfill requirements under the Propane Education and Research Act of 1996 that established PERC and requires the Secretary of Commerce to assess the impact of PERC's activities on propane consumers.

EPA is transferring the management of the polychlorinated biphenyl (PCB) cleanup program and most of the PCB disposal program from the Office of Prevention, Pesticides and Toxic Substances (OPPTS) to the Office of Solid Waste and Emergency Response (OSWER). This final rule is a rule of agency organization, procedure, or practice. It makes minor amendments to 40 CFR parts 750 and 761, to update certain titles, organization references, and mailing and website addresses so that required procedures for providing information and seeking approvals will be consistent with EPA's new internal organization for managing the PCB program. OPPTS currently manages the PCB program under the Toxic Substances Control Act (TSCA) and its regulations. OSWER is the office within EPA that manages most cleanup and disposal activities under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After the administrative transfer is completed, OSWER will oversee most issues pertaining to PCB cleanup and disposal under TSCA, RCRA, and CERCLA, as appropriate; OPPTS will continue to oversee other issues pertaining to PCBs (e.g., issues pertaining to PCB use) under TSCA. The transfer of the management of the PCB cleanup and disposal program from OPPTS to OSWER will consolidate administration of cleanup and disposal activities within one office. The transfer will not make any substantive changes to the regulatory requirements or standards for PCB cleanup and disposal under TSCA.

We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding Prince George's County, MD, to the list of areas quarantined because of emerald ash borer. The interim rule was necessary to prevent the artificial spread of the emerald ash borer from Prince George's County, MD, into noninfested areas of the United States. As a result of the interim rule, the interstate movement of regulated articles from that county is restricted.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

FEMA gives notice of an increase of the maximum amount for Small Project Grants to State and local governments and private nonprofit facilities for disasters declared on or after October 1, 2007.

This is a notice of the Presidential declaration of a major disaster for the State of Illinois (FEMA-1729-DR), dated September 25, 2007, and related determinations.

EPA is amending a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include certain additional perfluoroalkyl sulfonate (PFAS) chemicals. EPA is amending the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 which includes the PFAS chemicals currently on the public TSCA Inventory that are not already covered by the SNUR. This rule requires manufacturers, including importers, to notify EPA at least 90 days before commencing the manufacture or import of the PFAS chemicals listed in Table 3 of the regulatory text for the significant new uses described in this document on or after November 8, 2007. EPA believes that this action is appropriate because these chemical substances may be hazardous to human health and the environment. This required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities.

The Department of Commerce (``Department'') has determined that two requests for a new shipper review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''), received on June 15, 2007, and August 29, 2007, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') for the two new shipper reviews which the Department is initiating is August 1, 2006, through July 31, 2007.

On June 1, 2007, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the five- year sunset reviews of the antidumping duty orders on polyethylene terephthalate film, sheet, and strip (PET Film) from India and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a result of adequate substantive response on filed on behalf of domestic interested parties and inadequate response from respondent interested parties, the Department has conducted expedited sunset reviews for these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(c). As a result of this sunset review, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

On June 1, 2007, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the first five-year sunset review of the countervailing duty order on polyethylene terephthalate (PET) film from India, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Reviews, 72 FR 30544 (June 1, 2007) (Initiation). On the basis of notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, and inadequate responses from respondent interested parties (in this case, neither the Government of India nor any of the respondent companies covered by the order provided a response), the Department conducted an expedited sunset review of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B) and (C). As a result of this sunset review, the Department finds that revocation of the countervailing duty order is likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Oxides of Nitrogen (NOX) and Sulfur Oxides (SOx) Primary NAAQS Review Panel (Panel) to conduct a peer review of EPA's Integrated Science Assessment for Oxides of NitrogenHealth Criteria (First External Review Draft) (EPA/600/R-07/093, August 2007) and to conduct a consultation on the EPA's Nitrogen Dioxide Health Assessment Plan: Scope and Methods for Exposure and Risk Assessment.

The Caribbean Fishery Management Council (Council)in conjunction with NMFS intends to prepare a DEIS to describe and analyze management alternatives to be included in a joint amendment to the Fishery Management Plan (FMP) for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) and the FMP for the Reef Fish Fishery of Puerto Rico and the USVI. These alternatives will consider measures to implement escape vents in the trap fishery sector of both fisheries. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.

The New England Fishery Management Council (Council) is scheduling public meetings of its Monkfish Advisory Panel and its Oversight Committee, in October, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from these groups will be brought to the full Council for formal consideration and action, if appropriate.

Notice is hereby given that the Department of State has terminated the statutory debarment against Davilyn Corporation pursuant to Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778).

We, the Fish and Wildlife Service, announce our decision and the availability of the Final CCP and FONSI for Mississippi Sandhill Crane Refuge in Jackson County, Mississippi. The CCP was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years.

The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee) will meet Tuesday, October 23, 2007, from 9 a.m. to 5:30 p.m. and Wednesday, October 24, 2007, from 8 a.m. to 4 p.m. The primary purpose of this meeting is to discuss implementation of the National Earthquake Hazards Reduction Program (NEHRP) statutory activities and the Committee's annual report to the NIST Director. The agenda may change to accommodate Committee business. The final agenda will be posted on the NEHRP Web site at https://nehrp.gov/.