November 12, 2008 – Federal Register Recent Federal Regulation Documents

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to amplify the requirements for a contractor code of business ethics and conduct, an internal control system, and disclosure to the Government of certain violations of criminal law, violations of the civil False Claims Act, or significant overpayments. This final rule implements Pub. L. 110- 252, Title VI, Chapter 1.

The Department of the Treasury (``Department'' or ``Treasury'') called for the submission of Large Position Reports by those entities whose reportable positions in either the 2% Treasury Notes of September 2010 or the 3\1/8\% Treasury Notes of September 2013 equaled or exceeded $2 billion as of close of business November 6, 2008.

This regulation establishes a time-limited tolerance for combined residues of the insecticide avermectin B1 and its delta-8,9-isomer in or on bean, lima, seed. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on large lima beans. This regulation establishes a maximum permissible level for residues of avermectin in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2010.

This notice announces a public meeting of the Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary for Communications and Information on spectrum management matters.

The Food and Drug Administration (FDA) is issuing a new regulation to adjust for inflation the maximum civil money penalty amounts for the various civil money penalty authorities within our jurisdiction. We are taking this action to comply with the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended. The last adjustment was published in the Federal Register of July 20, 2004 (69 FR 43299), and the FCPIAA requires Federal agencies to adjust their civil money penalties at least once every 4 years. This rule does not adjust the civil money provisions enacted by the Food and Drug Administration Amendments Act of 2007 (FDAAA). We are using direct final rulemaking for this action because the agency expects that there will be no significant adverse comment on the rule. In the proposed rule section of this issue of the Federal Register, we are concurrently proposing and soliciting comments on this rule. If significant adverse comments are received, we will withdraw this final rule and address the comments in a subsequent final rule. FDA will not provide additional opportunity for comment.

The Food and Drug Administration (FDA) is publishing this companion proposed rule to the direct final rule, published elsewhere in this issue of the Federal Register, which is intended to amend our regulations to adjust for inflation the maximum civil money penalty amounts for the various civil money penalty authorities within our jurisdiction. We are taking this action to comply with the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended. The last adjustment was published in the Federal Register of July 20, 2004 (69 FR 43299), and the FCPIAA requires Federal agencies to adjust their civil money penalties at least once every 4 years. This proposed rule does not adjust the civil money provisions enacted by the Food and Drug Administration Amendments Act of 2007 (FDAAA).

The Industry Advisory Board (IAB) to the International Energy Agency (IEA) will meet on November 19, 2008, at the headquarters of the IEA in Paris, France, in connection with a joint meeting of the IEA's Standing Group on Emergency Questions (SEQ) and the IEA's Standing Group on the Oil Market on November 19, and on November 20 in connection with a meeting of the SEQ on November 20.

This rule changes the grade and container requirements currently prescribed under the marketing order for avocados grown in South Florida (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This change establishes a minimum grade of a U.S. No. 2 for shipments within the production area, requiring these shipments to meet the same grade as currently prescribed for shipments leaving the production area. This rule also makes changes to the container and container marking requirements under the order. These changes provide a grade and a pack to meet consumer demand and improve the identification and traceability of avocado shipments.

In order to provide additional opportunities for the public, the Atlantic Regional Fishery Management Councils, the Atlantic and Gulf States Marine Fisheries Commissions, and other interested parties to comment on the Essential Fish Habitat Draft Amendment 1 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), NMFS is extending the comment period for this action. On September 19, 2008, NMFS published a Notice of Availability (NOA) of a draft environmental impact statement and a fishery management plan amendment. Based on the September 19, 2008, notice, the comment period was scheduled to conclude on November 18, 2008. NMFS is now extending the comment period until December 12, 2008. Comments received by NMFS on the Draft Amendment will be used in the development of Final Amendment 1 to the 2006 Consolidated HMS FMP.

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state waters off of Texas (extending offshore 9 nautical miles from the Texas/Louisiana boundary southward to the boundary shared by Matagorda and Brazoria Counties; approximately 95[deg] 32' W. long.). The previous 30-day variance of the TED requirements was from October 8 through November 7, 2008. This action is necessary because environmental conditions resulting from Hurricane Ike persist on the fishing grounds, preventing some fishermen from using TEDs effectively.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Hanford. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee's (CASAC) Oxides of Nitrogen Primary NAAQS Review Panel (Panel) to review EPA's completed Risk and Exposure Assessment to Support the Review of the NO2 Primary National Ambient Air Quality Standard and to provide advice for EPA to consider as it develops its Advance Notice for Proposed Rulemaking for nitrogen dioxide.

This notice announces a second public review and comment period for Draft Federal Information Processing Standard 186-3, Digital Signature Standard. The draft standard, designated ``Draft FIPS 186- 3,'' is proposed to revise and supersede FIPS 186-2. Draft FIPS 186-3 is a revision of FIPS 186-2, the Digital Signature Standard. The Draft FIPS specifies three techniques for the generation and verification of digital signatures that can be used for the protection of data: the Digital Signature Algorithm (DSA), the Elliptic Curve Digital Signature Algorithm (ECDSA) and the Rivest-Shamir-Adelman (RSA) algorithm. Although all three of these algorithms were approved in FIPS 186-2, this revision increases the key sizes allowed for DSA, provides additional requirements for the use of RSA and ECDSA, and includes requirements for obtaining the assurances necessary for valid digital signatures. FIPS 186-2 contained specifications for random number generators (RNGs); this revision does not include such specifications, but refers to NIST Special Publication (SP) 800-90 for obtaining random numbers. Prior to the submission of this proposed standard to the Secretary of Commerce for review and approval, it is essential that consideration is given to the needs and views of the public, users, the information technology industry, and Federal, State and local government organizations. The purpose of this notice is to solicit such views.

In response to requests from respondent Akzo Nobel Functional Chemicals, B.V. (``Akzo Nobel'') and Aqualon Company (``Petitioner''), the Department of Commerce (``Department'') initiated an administrative review of the antidumping duty order on purified carboxymethylcellulose (``CMC'') from the Netherlands. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 73 FR 50308 (August 26, 2008) (``Initiation Notice''). This administrative review covers the period July 1, 2007, through June 30, 2008. Due to the withdrawal of the requests for the administrative review by both parties, we are rescinding this review with respect to Akzo Nobel.

The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on rules related to risk disclosure concerning exchange-traded commodity options.

Today's interim final rule establishes the Advanced Technology Vehicles Manufacturing Incentive Program authorized by section 136 of the Energy Independence and Security Act of 2007, as amended. Section 136 provides for grants and loans to eligible automobile manufacturers and component suppliers for projects that reequip, expand, and establish manufacturing facilities in the United States to produce light-duty vehicles and components for such vehicles, which provide meaningful improvements in fuel economy performance beyond certain specified levels. Section 136 also provides that grants and loans may cover engineering integration costs associated with such projects. This interim final rule establishes applicant eligibility and project eligibility requirements for both the grant and the loan program. Today's interim final rule also establishes the application requirements and the general terms for the loan program. At present, Congress has appropriated funds through the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, for only the loan program. As such, DOE will be implementing the loan program only at this time, though issuing rules for both the grant and loan programs.

This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive, worldwide license to practice the invention described in Invention Disclosure SSC-00247 entitled ``Wireless Strain Gage Technology used for Valve Health Monitoring'' to Aegis Stress Technology, Inc., having its principal place of business in Murrysville, PA. The patent rights in this invention are assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing.

Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing.

The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.