January 16, 2009 – Federal Register Recent Federal Regulation Documents

This notice announces changes in the interest rates to be paid on debentures issued with respect to a loan or mortgage insured by the Federal Housing Administration under the provisions of the National Housing Act (the Act). The interest rate for debentures issued under section 221(g)(4) of the Act during the 6-month period beginning January 1, 2009, is 3\3/4\ percent. The interest rate for debentures issued under any other provision of the Act is the rate in effect on the date that the commitment to insure the loan or mortgage was issued, or the date that the loan or mortgage was endorsed (or initially endorsed if there are two or more endorsements) for insurance, whichever rate is higher. The interest rate for debentures issued under these other provisions with respect to a loan or mortgage committed or endorsed during the 6-month period beginning January 1, 2009, is 4\1/8\ percent. However, as a result of an amendment to section 224 of the Act, if an insurance claim relating to a mortgage insured under sections 203 or 234 of the Act and endorsed for insurance after January 23, 2004, is paid in cash, the debenture interest rate for purposes of calculating a claim shall be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years.

On December 22, 2008, the NMFS announced notice of its proposed issuance of an Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, to take small numbers of marine mammals, by harassment incidental to conducting a marine seismic survey in Southeast Asia during March-July 2009. Written comments were due by January 21, 2009. Under the unique circumstances of the timing of the publication of the Federal Register notice relative to several Federal holidays, NMFS has decided to extend the public comment period by 15 days, to February 5, 2009.

NMFS issues a proposed rule that would revise the seabird avoidance requirements for the hook-and-line groundfish and halibut fisheries in International Pacific Halibut Commission Area 4E. The proposed rule would eliminate seabird avoidance requirements for hook- and-line vessels less than or equal to 55 ft (16.8 m) length overall in portions of Area 4E in the eastern Bering Sea. This action is necessary to revise seabird avoidance measures based on the latest scientific information and to reduce unnecessary regulatory burdens and associated costs.

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ``Impact Evaluation of Title I Supplemental Educational Services.'' The National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences (IES) commissioned this study to evaluate the effectiveness of Title I Supplemental Educational Services (SES) in improving the reading or mathematics achievement, or both, of students in Title I schools that have failed to make adequate yearly progress for three years. Section 1116 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (20 U.S.C. 6316), requires districts with Title I schools that fail to make adequate yearly progress for three years or more to offer SES to students from low-income families who attend these schools. SES are tutoring and other supplemental academic enrichment services that are offered in addition to instruction provided during the regular school day and are provided by State-approved providers free of charge to eligible students. Parents can choose the specific SES provider from among a list approved to serve their district. The Department has contracted with Mathematica Policy Research, Inc. to evaluate the impact of SES on student achievement in up to twelve school districts across the country. The study will address the following questions: (1) What is the impact of participation in Title I SES on student achievement in reading and mathematics? (2) Are district characteristics and practices, SES provider characteristics and services, and student characteristics related to the impact on student achievement? The evaluation will target school districts where Title I SES are oversubscribed. When more students apply for SES than the district is able to serve, under statute, the district must give priority to the lowest-achieving students. The students who apply but do not meet the achievement level criteria are an unbiased comparison group for the students who do participate in SES. The system will contain information about approximately 50,000 third- to eighth-graders from up to twelve school districts. The system of records will include individually identifying information about the student applicants participating in the evaluation, including names; demographic information such as race, ethnicity, gender, age, and educational background; level of participation in SES programs; and scores on State reading and mathematics achievement tests.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and Purpose of Information Collection: Employer's Quarterly Report of Contributions Under the Railroad Unemployment Insurance Act; RRB Form DC-1; OMB 3220-0012 Under section 8 of the Railroad Unemployment Insurance Act (RUIA), as amended by the Railroad Unemployment Improvement Act of 1988 (Pub. L. 100-647), the amount of each employer's contribution is determined by the RRB, primarily on the basis of RUIA benefit payments made to the employees of that employer. These experienced based contributions, take into account the frequency, volume and duration of RUIA benefits, both unemployment and sickness, attributable to a railroad's employees. Each employer's contribution rate includes a component for administrative expenses and a component to cover costs shared by all employers. The regulations prescribing the manner and conditions for remitting the contributions and for adjusting overpayments or underpayments of contributions are contained in 20 CFR 345. RRB Form DC-1, Employer's Quarterly Report of Contributions Under the Railroad Unemployment Insurance Act, is currently utilized by the RRB for the reporting and remitting of quarterly contributions by railroad employers. The RRB utilizes a manual version of Form DC-1 and also provides railroad employers with the option of reporting the required information and remitting their quarterly contributions via an Internet equivalent version Form DC-1. One response is requested quarterly of each respondent and completion is mandatory. The RRB estimates that 2,160 responses are received annually. The estimated completion for the manual and Internet version of Form DC-1 is estimated at 25 minutes. The total burden for the collection is estimated at 900 hours. The RRB proposes no changes to Form DC-1. 2. Title and Purpose of Information Collection: Applicant Background Survey: RRB Form EEO-44, OMB 3220-0201 This information collection is needed to comply with Federal laws and regulations. 5 U.S.C. Chapter 72 Sec. 7201 establishes an anti- discrimination policy. Title VII of the Civil Rights Act of 1964, Sec. 2000e-8 [Sec. 709], requires agencies to make and keep relevant records to identify unlawful employment practices. 29 CFR 1602 allows agencies to collect data to determine if there is any adverse impact on employment practices such as recruitment or selection. The RRB's Equal Employment Office collects data to assess the impact of the agency's recruitment processes on the hiring of minorities, women and people with disabilities. To obtain the information necessary to conduct a proper assessment, the RRB utilizes Form EEO-44, Applicant Background Survey, which collects information about the racial or ethnic identity, gender and disability of applicants for RRB jobs from outside of the Federal government. Form EEO-44 is only viewed by RRB Human Resources personnel and Equal Employment Opportunity officials. Summarized data from all external applicants for a position is used to identify hiring barriers which limit or tends to limit employment opportunities for members of a particular sex, race, or ethnic background, or based on an individual's disability status. The EEO-44 contains a ``Plain English'' assurance that the information will be kept highly confidential and only shared with authorized RRB officials. This assurance specifically states that the information obtained is kept as a running tally which cannot be disaggregated into individual names, that information from the form is not entered into the RRB's personnel database, that the information is not provided to selecting officials or any others who can affect the selection, or to the public, and that the forms is destroyed after the position is filled. The information maintained does not include the applicant's name or other identifier. Completion of one form is requested of each respondent and is voluntary. The RRB estimates that 800 EEO-44's are completed annually at an estimated completion time of 5 minutes. The total burden for the collection is estimated at 67 hours. The RRB proposes no changes to Form EEO-44. Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751-3363 or send an e-mail request to Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 days of this notice.

The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the anticipated environmental effects of a proposal to approve a permanent easement across National Forest System (NFS) lands for access to a 680-acre private inholding. The private land is entirely surrounded by NFS lands managed by the White River National Forest (WRNF). The proposed easement would provide year-round motorized access to the private inholding, enabling the owner ``reasonable use and enjoyment'' of the parcel as required by the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.

The Food and Drug Administration (FDA) is announcing the withdrawal of the guidance entitled ``Guidance for Industry and FDA: Interim Evidence-Based Ranking System for Scientific Data'' that was issued on July 10, 2003.

The Food and Drug Administration (FDA) is announcing the availability of a guidance document entitled ``Guidance for Industry: Evidence-Based Review System for the Scientific Evaluation of Health Claims.'' This guidance outlines the agency's approach to the review of the scientific evidence for health claims that meet the significant scientific agreement standard (SSA) and qualified health claims. Elsewhere in this issue of the Federal Register, FDA is announcing the withdrawal of the guidance documents entitled ``Guidance for Industry and FDA: Interim Evidence-Based Ranking System for Scientific Data'' and ``Guidance for Industry: Significant Scientific Agreement in the Review of Health Claims for Conventional Foods and Dietary Supplements.''

The National Urban and Community Forestry Advisory Council will meet in Washington DC, February 10-12, 2009. The purpose of the meeting is to discuss emerging issues in urban and community forestry and hear public input related to urban and community forestry.

The Bureau of Land Management (BLM) proposes to extend the duration of Public Land Order (PLO) No. 6912 for an additional 20-year term. The PLO withdrew approximately 490 acres of reserved public minerals from location or entry under the United States mining laws for the BLM to protect the archaeological, historical, educational, interpretive, and recreational integrity of the Mount Haggin Prehistoric Quarry Site in Deer Lodge County. This notice also gives an opportunity to comment on the proposed action and to request a public meeting.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

The Environmental Protection Agency (EPA) is proposing action on portions of two State Implementation Plan revisions submitted by New Jersey that are intended to meet several Clean Air Act (Act) requirements for attaining the 0.08 part per million (ppm) 8-hour ozone national ambient air quality standards. EPA is proposing approval of: The 2008 reasonable further progress plan and associated 2008 ozone projection year emission inventories, contingency measures for the 2008 reasonable further progress plan, 2008 conformity budgets used for planning purposes, and the reasonably available control measure analysis. In addition, EPA is proposing a conditional approval of New Jersey's efforts to meet the reasonably available control technology requirement. The intended effect of this action is to approve those programs that meet Act requirements and to further achieve emission reductions that will be critical to attainment of the national ambient air quality standard for ozone in New Jersey's two nonattainment areas.

Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA) extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending U.S. Customs and Border Protection (CBP) regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. Accordingly, this interim final rule sets forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa for a period of authorized stay of no longer than forty-five days. In addition, this rule establishes six ports of entry in the CNMI in order to administer and enforce the Guam-CNMI Visa Waiver Program and to allow for immigration inspections in the CNMI, including arrival and departure controls, under the Immigration and Nationality Act (INA).

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records notice from its inventory of record systems because Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement no longer requires the system. The obsolete system is Justice/INS-001 the Immigration and Naturalization Service Index System.

In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security proposes to consolidate into a new Department of Homeland Security system of records notice titled, DHS/All024 Facility and Perimeter Access Control and Visitor Management System of Records: Treasury/ CS.081 Dock Passes, October 18, 2001, Justice/INS-014 Security Access Control System, January 22, 2001, and to partially consolidate DHS/OS- 001 Office of Security File System, September 12, 2006, and FEMA/SEC-1 Security Support System, September 7, 1990. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's facility and perimeter access control and visitor management record system. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department's Facility and Perimeter Access Control and Visitor Management systems often overlap with other security-related activities. Accordingly, data within each of the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Further, this system of records is separate from DHS-OS-2006-047 Personal Identify Verification Management System which supports the administration of the HSPD-12 program that directs the use of a common identification credential for both logical and physical access to federally controlled facilities and information systems while enhancing security, increasing efficiency, identifying and reducing fraud, and protecting personally identifiable information. Records within this system apply only to perimeters and facilities where access is controlled by the Department of Homeland Security. This system of records does not apply to (1) facilities where the Department's components or offices have a presence but where the General Services Administration has an established contract for security services or (2) facilities where Immigration and Custom Enforcement's Federal Protective Service provides oversight on the contract. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the DHS inventory of record systems.

The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security023 Personnel Security Management system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to partially consolidate DHS-OS-001 Office of Security File System, (September 12, 2006), into a new Department- wide record system titled, Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security System of Records. Categories of individuals, categories of records, and the routine uses of this legacy system have been reviewed and updated to better reflect the Department's law enforcement records associated with the protection of property owned or occupied by the Department of Homeland Security. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking concurrent with this system of records elsewhere in the Federal Register. The activities performed by the Department in the protection of property owned or occupied by Department of Homeland Security often overlaps with other security-related activities. Accordingly, data within the categories of individuals, categories of records, and routine uses may have similarities with other security-related systems of records, but each system is distinct based on its purpose. Exclusion is made to perimeters and facilities secured by the United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and are not included under this system of records. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.

The Food and Drug Administration (FDA) is announcing the availability of a draft document entitled ``Guidance for Industry: Current Good Tissue Practice (CGTP) and Additional Requirements for Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT[sol]Ps)'' dated January 2009. The draft guidance document provides establishments that manufacture HCT[sol]Ps with recommendations for complying with CGTP requirements.

NMFS is prohibiting directed fishing for the A season allowance of the 2009 Pacific cod sideboard limits apportioned to non- American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2009 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.