January 15, 2009 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve a revision to the Texas State Implementation Plan (SIP). The revision consists of a maintenance plan for El Paso County developed to ensure continued attainment of the 8- hour ozone National Ambient Air Quality Standard (NAAQS) for 10 years after the effective designation date of June 15, 2004. The Maintenance Plan meets the requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA), EPA's rules, and is consistent with EPA's guidance.

The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``Adverse Event ReportingImproving Human Subject Protection.'' This guidance is intended to assist the research community in interpreting requirements for submitting reports of unanticipated problems, including certain adverse events reports, to institutional review boards (IRBs). FDA developed this guidance in response to concerns raised by the IRB community that increasingly large volumes of individual, unanalyzed adverse event reports are inhibiting, rather than enhancing, the ability of IRBs to adequately protect human subjects. The guidance provides recommendations to IRBs, sponsors, and investigators on improving the usefulness of the adverse event information submitted to IRBs. Elsewhere in this issue of the Federal Register, FDA is issuing the final rule entitled ``Institutional Review Boards; Registration Requirements.''

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for DoD contractors to institute effective programs to prevent violations of the law of war by contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.

The Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment & Training Administration (ETA) has been re-engineering several of its program forms to improve the information it collects from the public. These changes are intended to improve the application to and day-to-day operation of OFLC programs. The system re-engineering will impact the program for the Temporary Employment of Nonimmigrants in Professional, Specialty Occupations, and as Fashion Models (H-1B, H-1B1, and E-3). The Form ETA 9035, the Labor Condition Application (OMB control number 1205-0310) used for the H-1B, H-1B1, and E-3 programs, was redesigned and submitted for public comment, 73 FR 36357, Jun. 26, 2008, and for review by the Office of Management and Budget (OMB), 73 FR 66259, Nov. 7, 2008. In addition, the Permanent Labor Certification Program (PERM), OFLC will be implementing changes to the electronic filing process and is implementing a revised application form. The redesigned Form ETA 9089 (OMB control number 1205-451) has been approved by OMB subject to review of the final electronic version. ETA is issuing this notice to announce that OFLC will offer two public briefings to educate stakeholders, program users, and other interested members of the public on using the re-engineered 9035 and 9089 application forms, and the online portal system by which most users file program applications. ETA will also hold a stakeholder meeting in San Diego, California on February 3, 2009. As currently planned, the two briefings will take place in February, 2009 in San Diego and Baltimore, Maryland. This notice provides the public with locations, dates, and registration information regarding the briefings.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address determination requirements with regard to the use of emergency acquisition flexibilities for contract actions supporting contingency operations or facilitating defense against or recovery from nuclear, biological, chemical, or radiological attack. The rule lowers the DoD level of approval for such determinations.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 846 of the National Defense Authorization Act for Fiscal Year 2008 and Section 842 of the National Defense Authorization Act for Fiscal Year 2009. These laws address protections for contractor employees who disclose information to Government officials with regard to waste or mismanagement, danger to public health or safety, or violation of law related to a DoD contract.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address procedures for notifying the appropriate DoD office of any information indicating that a firm or a subsidiary of a firm may be owned or controlled by the Government of a terrorist country. The notifications will facilitate maintenance of a list of such firms, as required by statute.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address use of the Past Performance Information Retrieval System (PPIRS) in determining contractor responsibility. PPIRS is a Web-based application that stores information regarding contractor performance on Government contracts.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the separation of functions in source selection. The rule requires the military departments and defense agencies to certify every two years that no senior leader has performed multiple roles in the acquisition of a major weapon system or major service.

The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the Committee on Technology, National Science and Technology Council (NSTC), will hold a workshop on February 24-25, 2009 to provide an open forum to discuss the state-of-the-art of the science related to environmental, health, and safety aspects of engineered nanoscale materials in the area of human and environmental exposure assessment. Human and Environmental Exposure Assessment is one of the five environmental, health, and safety research categories identified in the NSET Subcommittee document Strategy for Nanotechnology-Related Environmental, Health, and Safety Research (https://www.nano.gov/NNI_ EHS_Research_Strategy.pdf), which was released February 14, 2008.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address the procedures that apply when it is necessary to award to a contractor that is otherwise excluded from Federal procurement programs due to a violation of the Clean Air Act or the Clean Water Act.

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Entry Summary. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (73 FR 36545) on June 27, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

This regulation implements cost-of-living adjustments to civil money penalties (CMPs) that the Farm Credit Administration (FCA) may impose under the Farm Credit Act of 1971, as amended (Farm Credit Act), and under the National Flood Insurance Reform Act of 1994 (Reform Act). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (FCPIA Act), requires all Federal agencies with the authority to impose CMPs to evaluate those CMPs periodically to ensure that they continue to maintain their deterrent value.

The U.S. Department of Labor, Employment and Training Administration (ETA), announces the availability of approximately $6.5 million for 10-20 grants to promote the adoption of the 21st century Registered Apprenticeship framework established by the Final Rule published on October 29, 2008 (73 FR 64402), promulgating revised 20 CFR Part 29, Labor Standards for the Registration of Apprenticeship Programs. The grants will fund the development and/or adaptation of national guideline standards that incorporate competency-based progression; hybrid-style progression; and/or interim credentials. Funds are also available to train staff, apprenticeship instructors and members on the 21st century Registered Apprenticeship framework and on the development of standards that utilize the elements of the 21st century Registered Apprenticeship framework as established by the Final Rule. National industry and employer associations, labor-management organizations and other organizations that demonstrate the capacity to advance registered apprenticeship through the development of new or modified apprenticeship standards using the elements of the 21st century Registered Apprenticeship framework are eligible to apply for grant funds. To be considered for an award, grant applications must incorporate at least four of the following seven components: 1. Continued expansion into fast growing and/or new and emerging industries (including construction). 2. Development of new or modified programs or guideline standards that utilize competency-based (see Part VIIISection 2Key Definitions) or hybrid training models (see Part VIIISection 2Key Definitions). 3. Use of interim credentialing to acknowledge the skills an apprentice attains during training. 4. Adoption of Technology-Based Learning strategies for related instruction. 5. Strategic partnerships with the Office of Apprenticeship (OA), State Apprenticeship Agencies (SAA), and the public workforce investment system. 6. Innovative strategies to serve under-represented populations, particularly youth and women, to meet the talent development needs of regional economies through Registered Apprenticeship. 7. Innovative Partnerships with Education (Secondary and Post- Secondary) and other key stakeholders. Allowable activities may include developing new or modifying existing standards for apprenticeship programs (including national guideline standards), developing curricula to support these standards; using technology-based learning strategies; developing skill assessment tools for competency-based models; training and education to take advantage of the opportunities outlined in the new regulatory requirements; and conducting outreach and training efforts to educate members, affiliates, staff and partners on the new model. All applicants must develop or modify at least one national guideline standard with at least four programs and train a minimum of 100 apprentices in the new model. Additionally, all applicants must demonstrate that they have the ability and expertise to develop the new framework and the capacity to provide training to their membership. This expertise and capacity can be demonstrated by the individual applicant or through partnership with other organizations. ETA recognizes that the use of these approaches will offer apprentices greater opportunities to increase their knowledge and attain the skills that emerging and high growth industries demand. Additionally, the use of interim credentialing and competency-based models will ensure that apprentices receive recognition for the skills and competencies they have attained during and prior to completion of a traditional time-based program. ETA believes that expanding the use of these Apprenticeship models will increase the ability of apprenticeship programs to meet the needs of industries that require more flexibility in training a worker for the required level of proficiency and expertise.

On September 9, 2008, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty (``CVD'') order on corrosion-resistant carbon steel flat products (``CORE'') from the Republic of Korea (``Korea'') for the period of review (``POR'') January 1, 2006, through December 31, 2006. See Corrosion- Resistant Carbon Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review. 73 FR 52315 (September 9, 2008) (``Preliminary Results''). We preliminarily found that Pohang Iron and Steel Co. Ltd. (``POSCO'') and Dongbu Steel Co., Ltd. (``Dongbu'') received de minimis countervailable subsidies during the POR. We received comments on our preliminary results from POSCO, a respondent company. The final results are listed in the section ``Final Results of Review'' below.

The Environmental Protection Agency (EPA) is approving a revision to the Arkansas State Implementation Plan (SIP) to meet the Emissions Inventory and Emissions Statements requirements of the Clean Air Act (CAA) for the Crittenden County ozone nonattainment area. EPA is approving the SIP revision because it satisfies the Emissions Inventory and Emissions Statements requirements for 8-hour ozone nonattainment areas. EPA is approving the revision pursuant to section 110 of the CAA.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) is preparing an environmental impact statement for a general management plan for Big Thicket National Preserve, Texas. The environmental impact statement will be approved by the Director, Intermountain Region. The general management plan will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the Preserve over the next 15 to 20 years. The clarification of what must be achieved according to law and policy will be based on review of the Preserve's purpose, significance, special mandates, and the body of laws and policies directing park management. Based on determinations of desired conditions, the general management plan will outline the kinds of resource management activities, visitor activities, and development that would be appropriate in the future. A range of reasonable management alternatives will be developed through this planning process and will include, at a minimum, a no-action and a preferred alternative. The NPS is required to prepare a GMP for all NPS units. A GNP was completed for Big Thicket National Preserve in 1980. The 1980 GMP does not address lands added to the Preserve since 1993 or current NPS park planning standards or NPS management policies. Issues to be addressed will include but are not limited to the following: The management of lands added to the Preserve since the original GMP in 1980; visitor use and resource management issues; access to and within the Preserve; and changes in land use patterns and their impact on natural and cultural resources in the Preserve. A scoping newsletter will be prepared that describes the issues identified to date. Copies of the newsletter may be obtained in June from Todd Brindle, Superintendent, Big Thicket National Preserve, 6044 FM 420, Kountze, Texas 77625, Phone: 409-951-6802, the park Web site https://www.nps.gov/bith, or on the Planning, Environment, and Public Comment (PEPC) website at https://parkplanning.nps.gov/bith.

GSA is amending the Federal Travel Regulation (FTR) to decrease the mileage reimbursement rates for privately owned automobiles (POA), motorcycles, and airplanes when used for official travel. The new rates reflect the current vehicle operating costs as determined by investigations conducted by GSA. The governing regulation sets the mileage reimbursement allowance for a POA at $0.55, motorcycles at $0.52, and airplanes at $1.24, when used for official purposes.