February 27, 2009 – Federal Register Recent Federal Regulation Documents
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Medicare Program; Application of the Utilization Review Accreditation Commission (URAC) for Deeming Authority for Medicare Prescription Drug Plan (PDP) Sponsors
This proposed notice announces the application of the Utilization Review Accreditation Commission (URAC) for deeming authority as a national accreditation organization for prescription drug plan sponsors participating in the Voluntary Medicare Prescription Drug Benefit Program. This announcement describes the criteria to be used in evaluating the application and provides information for submitting comments during a 30 day public comment period.
Agency Information Collection Activities: Proposed Collection; Comment Request
The Export-Import Bank of the United States (Ex-Im Bank) provides working capital guarantees to lenders. In assessing the creditworthiness of an applicant, we review EIB/SBA Form 84-1. This form provides information which allows Ex-Im Bank to obtain legislatively required reasonable assurance of repayment, as well as to fulfill other statutory requirements. The following changes have been made to the form by the SBA: a field for the E-mail address; a field for the County (of business); an increase in selection for race; a change in reference to the Code of Federal Regulations for the Debarment/Suspension paragraph; a change in the agreements paragraph (Part C, Section 1) from ``SBA form 159'' to ``SBA form 159(7a)'' and the addition of the following provision: ``Each proprietor, each general partner, each limited partner, member or stockholder owning 20% or more, each guarantor and the spouse, when applicable, of each of these must sign. * * * Attach a separate sheet of paper, if necessary.'' Additionally, SBA added the following notices: (1) The Flood Disaster Protection Act, (2) Executive OrdersFloodplain Management and Wetland Protection, (3) the Occupational Safety and Health Act, (4) Civil Rights Legislation, (5) the Equal Credit Opportunity Act, (8) Executive Order 11738Environmental Protection, (9) the Immigration Reform and Control Act of 1986, and (10) the Lead- Based Paint Poisoning Prevention Act. One item was deleted from the checklist of information to be attached, 16, SBA form 1261. Also added into the notices section were the ``Statements Required by Law and Executive Order'', which applies to both Ex-Im Bank and SBA. Notices on the Debt Collection Act of 1982 and the Deficit Reduction Act of 1984, the Freedom of Information Act and the Right to Financial Privacy Act of 1978 were added and are applicable to customers of Ex-Im Bank and SBA. Ex-Im Bank made the following changes: in the Guarantor and Additional Borrower Representations and Certifications section ``(SBA Applicants only), (for subsection b)'' was added.
Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops
NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in April, May, and June of 2009. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2009 and announced in the Federal Register.
Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting
NMFS issues a final rule to update regulations in 50 CFR part 679. The action would remove regulations that have lapsed and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act.
National Toxicology Program (NTP); NTP Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM); Announcement of a Second Meeting of the Independent Scientific Peer Review Panel on the Murine Local Lymph Node Assay; Availability of Draft Background Review Documents (BRD); Request for Comments
NICEATM, in collaboration with the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM), announces a second meeting of an independent scientific peer review panel (hereafter, Panel) to evaluate three non-radioactive modified versions and new applications for the Murine Local Lymph Node Assay (LLNA). The LLNA is an alternative test method that can be used to determine the allergic contact dermatitis potential of chemicals and products. The Panel will consider additional data and information for the three non-radioactive modified versions and new applications of the LLNA obtained by NICEATM subsequent to the original Panel meeting in March 2008. Based on this new information, the Panel will review the following: The validation status of three modified LLNA test methods. The proposed applicability domain of the LLNA. The Panel will peer review revised draft BRDs for each topic and evaluate the extent that established validation and acceptance criteria have been appropriately addressed. The Panel also will be asked to comment on the extent to which draft ICCVAM test method recommendations are supported by the data analyses provided in the BRDs. NICEATM invites public comments on the draft BRDs and draft ICCVAM test recommendations. All documents will be available on the NICEATM- ICCVAM Web site at https://iccvam.niehs.nih.gov/methods/immunotox/llna PeerPanel.htm by March 3, 2009.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
NMFS closes the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel by Vessels in the Amendment 80 Limited Access Fishery in the Eastern Aleutian District and Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Atka mackerel for vessels participating in the Amendment 80 limited access A season fishery in the Eastern Aleutian District and Bering Sea Subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Atka mackerel allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District and Bering Sea Subarea of the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543; Correction
On January 14, 2009, NMFS published a rule (74 FR 1946) that notified owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). Subsequent to the issuance of that notice, NMFS learned that several applicants for federal fisheries permits inadvertently selected the endorsement for the directed Atka mackerel fisheries inside the HLA in the Aleutian Islands subarea. This resulted in NMFS assigning those vessels to the HLA directed fishery for Atka mackerel. NMFS is hereby correcting the previous notice to the owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the correct vessels to participate the harvest of the 2009 A season HLA limits established for area 542 and area 543 pursuant to the 2008 and 2009 harvest specifications for groundfish in the BSAI.
Notice of Availability of a Final Environmental Impact Statement and a Final Conformity Determination for the Proposed Federated Indians of the Graton Rancheria Casino and Hotel Project, Sonoma County, CA
In accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in cooperation with the Federated Indians of the Graton Rancheria (the ``Graton Rancheria''), has prepared a Final Environmental Impact Statement (FEIS) for a proposed casino and hotel project/action to be located in Sonoma County, California. The purpose of the proposed project/action is to help address the socio-economic needs of the Graton Rancheria. The FEIS includes an analysis of potential environmental impacts on those resources as a result of implementing each of the alternatives. A Response to Comments document is included within the FEIS which provides agency responses to substantive environmental comments raised during the DEIS comment period. The alternatives considered in detail within the FEIS are: (A) A casino/ hotel project on the ``Wilfred Site'' (the proposed project/action), (B, C) a casino/hotel project on the ``Stony Point Site,'' (D) a reduced intensity casino/hotel project on the ``Stony Point'' site, (E) an alternate use project on the ``Stony Point'' site, (F) a casino/ hotel project on the ``Lakeville Site,'' (G) a no proposed project/ action alternative, and (H) a reduced intensity casino/hotel on the ``Wilfred Site.'' This notice advises the public that the NIGC has filed the FEIS with the U.S. Environmental Protection Agency (EPA). In accordance with Section 176 of the Clean Air Act 42 U.S.C. 7506, and the EPA general conformity regulations 40 CFR part 93, subpart B, a Final Conformity Determination (FCD) has been prepared for the proposed project. The FCD is contained within Appendix W of the FEIS.
FHFA Study of Securitization of Acquired Member Assets
The Federal Housing Regulatory Reform Act (Act), Division A of the Housing and Economic Recovery Act of 2008 (HERA), requires the Federal Housing Finance Agency (FHFA) to conduct a study on the securitization of home mortgage loans purchased or to be purchased from Federal Home Loan Bank (Bank) System member financial institutions under the Acquired Member Assets (AMA) programs. FHFA is seeking public comment and hopes that the responses to this request for comments will constitute an important source of information that will assist it in its preparation of the study. FHFA urges commenters to analyze, in light of current market conditions, the benefits and risks associated with securitization, the potential impact of securitization upon liquidity and competitiveness in the mortgage and broader credit markets, the ability of the Banks to manage the risks associated with a securitization program, and the effect of a securitization program on the Banks' existing activities, as well as on the joint and several liability of the Banks and the cooperative structure of the Bank System. This release in no way alters current requirements, restrictions or prohibitions on the Banks with respect to the purchase or sale of mortgages or to the AMA programs.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.
Call for Nominations for Resource Advisory Councils
The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Resource Advisory Councils (RACs) that have member terms expiring this year. The RACs provide advice and recommendations to the BLM on land use planning and management of the National System of Public Lands within their geographic areas. The BLM will consider public nominations for 45 days after the publication date of this notice.
Potential for Oil Shale Development; Withdrawal of the Call for Nominations-Oil Shale Research, Development, and Demonstration (R, D, and D) Program and Request for Public Comment
On January 15, 2009, the BLM published in the Federal Register a notice entitled ``Potential for Oil Shale Development; Call for NominationsOil Shale Research, Development, and Demonstration (R, D, and D) Program'' (see 74 FR 2611). The new Administration intends to review and reconsider certain aspects of the current solicitation, including lease acreage and the rules that would govern conversion of an R, D, and D lease to a commercial lease, particularly those related to royalty rates. To ensure a fair return to the public for potential commercial development of these Federal resources, the Administration has determined that further information is needed. Accordingly, the BLM is seeking public comment on the terms and conditions of any future oil shale R, D, and D leases that it may issue. The BLM therefore withdraws the January 15, 2009, solicitation of the nomination of parcels to be leased for R, D, and D of oil shale recovery technologies in Colorado, Utah, and Wyoming.
Implementation of the DTV Delay Act
This document seeks comment on issues relating to further implementation of the DTV Delay Act. The Commission proposes and seeks comment on a procedure for early termination of analog broadcasting by full-power television broadcasters, and asks whether stations should be allowed to terminate service at different times of day. It also asks whether the DTV Consumer Education Initiative rules should be revised, particularly to require stations to provide viewers with detailed information about service loss due to the move from analog to digital broadcasting.
Implementation of the DTV Delay Act
This document issues the final rules in the Second Report and Order implementing the DTV Delay Act. It amends the requirements of the DTV Consumer Education Initiative, as well as extending the duration of certain licenses and construction permits, to conform to the new, June 12, 2009, transition date. It announces the Commission's intent to apply the provisions of the Analog Nightlight Order to the period after June 12, 2009. And, it established March 17, 2009 as the date by which stations must notify the Commission of their planned timing to complete their transition and April 16, 2009 as the first date on which stations can terminate analog signals.
Notice of Quarterly Report (October 1, 2008-December 31, 2008)
The Millennium Challenge Corporation (MCC) is reporting for the quarter October 1, 2008 through December 31, 2008 respect to both assistance provided under Section 605 of the Millennium Challenge Act of 2003 (Pub.L. 108-199, Division D (the Act)), and transfers or allocations of funds to other federal agencies pursuant to Section 619(b) of the Act. The following report shall be made available to the public by means of publication in the Federal Register and on the Internet Website of the MCC (https://www.mcc.gov) in accordance with Section 612(b) of the Act.
National Institute for Occupational Safety and Health; Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice concerning the final effect of the HHS decision to designate a class of employees at the Mallinckrodt Chemical Co., Destrehan Street Plant in St. Louis, Missouri, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On January 16, 2009, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:
National Institute for Occupational Safety and Health; Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice concerning the final effect of the HHS decision to designate a class of employees at the Metallurgical Laboratory in Chicago, Illinois, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On January 16, 2009, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:
Culturally Significant Objects Imported for Exhibition Determinations: “The Birth of Christianity: A Jewish Story”
On November 25, 2008, notice was published on page 71714 of the Federal Register (volume 73, number 228) of determinations made by the Department of State pertaining to the exhibition ``The Birth of Christianity: A Jewish Story.'' The referenced notice is corrected as to an additional object to be included in the exhibition. Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the additional object in the exhibition: ``The Birth of Christianity: A Jewish Story,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the additional exhibit object at the Houston Museum of Natural Science, Houston, TX, from on or about March 1, 2009, until on or about April 12, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Culturally Significant Objects Imported for Exhibition Determinations: “Francis Bacon: A Centenary Retrospective”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Francis Bacon: A Centenary Retrospective'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Metropolitan Museum of Art, New York, NY, from on or about May 20, 2009, until on or about August 16, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Certain Steel Threaded Rod from the People's Republic of China: Final Determination of Sales at Less Than Fair Value
The Department of Commerce (``Department'') has determined that certain steel threaded rod (``STR'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV'') as provided in section 735 of the Tariff Act of 1930, as amended (``Act''). The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.
Procurement List; Proposed Additions and Deletions
The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities and to delete products and service previously furnished by such agencies. Comments Must be Received on or Before: 3/30/2009.
Procurement List Additions and Deletions
This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products previously furnished by such agencies. Effective Date: March 30, 2009.
Clarification of Scope of Procurement List Additions; 2009 Commodities Procurement List; Quarterly Update of the A-List and Movement of Products Between the A-List, B-List and C-List
The Committee for Purchase From People Who Are Blind or Severely Disabled, in accordance with the procedures published on December 1, 2006 (71 FR 69535-69538), has updated the scope of the Program's procurement preference requirements for the products listed below between and among the Committee's A-list, B-list and C-list. A- list products are suitable for the Total Government Requirement as aggregated by the General Services Administration, the B-list are those products suitable for the Broad Government Requirement as aggregated by the General Services Administration, and C-list products are suitable for the requirements of one or more specified agency(ies). The lists below track changes to A-, B-, C-designations that occurred between November 20, 2008 and February 10, 2009.
Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand: Final Results of Changed-Circumstances Antidumping Duty Review
The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Awaji Materia (Thailand) Co., Ltd. is the successor-in- interest to Awaji Sangyo (Thailand) Co., Ltd. (AST) and, as a result, should be accorded the same treatment previously accorded to AST with respect to the antidumping duty order on certain carbon steel butt-weld pipe fittings from Thailand.
National Institute for Occupational Safety and Health; Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort
The Department of Health and Human Services (HHS) gives notice concerning the final effect of the HHS decision to designate a class of employees at Vitro Manufacturing in Canonsburg, Pennsylvania, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On January 16, 2009, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:
Prohibited Transaction Exemptions and Grant of Individual Exemptions Involving: D-11481, CitiGroup Inc. 2009-06; D-11484, Robert W. Baird & Co. Incorporated, 2009-07; D-11490 Raymond James & Associates, Inc., 2009-08; and Northwestern Mutual Investment Services, LLC
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Advisory Committee on Earthquake Hazards Reduction Meeting
The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will hold a meeting on Wednesday, March 25, 2009 from 2 p.m. to 4 p.m. Eastern Standard Time (EST). The primary purpose of this meeting is to review and finalize the Committee's draft reauthorization letter to the Interagency Coordinating Committee (ICC). The draft letter will be posted on the NEHRP Web site at https://nehrp.gov/. Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number.
Restricted Access to the Region 4 Library
The United States Environmental Protection Agency (EPA) is issuing this notice to advise the public that the Region 4 Library will close for approximately three (3) months with restricted access to walk-in patrons. The library will undergo a major renovation to optimize the use of space. During renovation, the current physical space of the library will not be accessible. The Regional Librarian will be temporarily relocated to a room adjacent to the current library. Core services such as interlibrary loans, cataloging, online literature searches, quick and extensive reference/research requests (including business research, journal articles, etc.) will continue to be handled by the Andrew W. Breidenbach Environmental Research Center (AWBERC) located in Cincinnati, OH (also referred to as the CINN Library). All requests for these core services should be submitted to the Region 4 Librarian or directly to the Cincinnati Library:
Nebraska: Final Authorization of State Hazardous Waste Management Program Revisions; Withdrawal of Immediate Final Rule
Because EPA received adverse comment, we are withdrawing the immediate final rule for Nebraska: Final Authorization of State Hazardous Waste Management Program Revisions, published on December 30, 2008.
Agency Information Collection Activities; Proposed Collection; Comment Request; Trade Secret Claims for Emergency Planning and Community Right-to-Know Information; EPA ICR No. 1428.08, OMB Control No. 2050-0078
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on August 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA does not object to the proposed project. Rating LO.
Export Trade Certificate of Review
On February 18, 2009, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Golden Tree Trading Company (``GTTC''). This notice summarizes the conduct for which certification has been granted.
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