February 2009 – Federal Register Recent Federal Regulation Documents

Bruce Power Inc. has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.

The Department of Energy (DOE) announces its intention to prepare an EIS on the proposed Federal action of granting a Presidential permit to construct a new electric transmission line across the U.S.-Mexico border in southeastern California. DOE has determined that issuance of a Presidential permit for the proposed project would constitute a major Federal action that may have a significant effect upon the environment within the meaning of the National Environmental Policy Act of 1969 (NEPA). For this reason, DOE intends to prepare an EIS entitled Energia Sierra Juarez Transmission Line Environmental Impact Statement (DOE/EIS-0414) to address potential environmental impacts from the proposed action and reasonable alternatives. The EIS will be prepared in compliance with NEPA and applicable regulations, including DOE NEPA implementing regulations at 10 CFR Part 1021. Because of previous public participation activities, DOE does not plan to conduct additional scoping meetings for this EIS. However, any timely written comments submitted will be considered by DOE in determining the scope of the EIS.

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of a co- exclusive patent license to practice the inventions embodied in U.S. Patent Application No. 12/296,328 entitled, ``Human IGF-I-Specific and IGF-I and IGF-II Cross-Reactive Human Monoclonal Antibodies'' and all foreign counterparts [HHS Ref. No. E-336-2005/0] to Trubion Pharmaceuticals, Inc., which is located in Seattle, Washington. The patent rights in this invention have been assigned to the United States of America. The prospective co-exclusive license territory may be worldwide and the field of use may be limited to the use of the antibodies and their method of use in the Licensed Patent Rights for the treatment of human cancers.

A notice of availability (NOA) was published by the U.S. Environmental Protection Agency in the Federal Register (73 FR 79473) on December 29, 2008, for the Northwest Training Range Complex (NWTRC) Draft Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS). A notice of public hearing dates and locations was published in the Federal Register (73 FR 79856) on December 30, 2008. This notice announces an additional public hearing in Oregon and extension of the public comment period until March 11, 2009. The comment period was previously extended from February 11, 2009 to February 18, 2009 [notice published February 11, 2009 (74 FR 6859); amended NOA published February 13, 2009 (74 FR 7230)]. Dates and Addresses: A public hearing has been scheduled for February 26, 2009, at the Tillamook County Fairgrounds Auditorium, 4603 East 3rd Street, Tillamook, Oregon, to receive oral and written comments on the Draft EIS/OEIS. The meeting will start with an open house session from 5 p.m. to 7 p.m., followed by a presentation and formal public comment period from 7 p.m. to 8:30 p.m. The open house session will allow interested individuals to review information presented in the Draft EIS/OEIS. Navy representatives will be available during the open house session to clarify information related to the Draft EIS/OEIS.

On January 9, 2009, the Department of Commerce (the ``Department'') published a notice of initiation and preliminary results of antidumping duty (``AD'') changed circumstances review with intent to revoke, in part, the AD order on wooden bedroom furniture from the People's Republic of China (``PRC''). See Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 74 FR 886 (January 9, 2009) (``Initiation and Preliminary Results''). We are now revoking this order in part, with regard to the following product: toy boxes, as described in the relevant footnote (footnote 15 in this document) of the ``Scope of the Order'' section of this notice, based on the fact that domestic parties have expressed no further interest in the relief provided by the order with respect to the imports of these toy boxes, as so described. In its November 25, 2008, submission, the American Furniture Manufacturers Committee for Legal Trade and its individual members (the ``AFMC'' or ``petitioners'') stated that they no longer have any interest in seeking antidumping relief from imports of such toy boxes as defined in the ``Scope of the Order'' section below.

NMFS announces the receipt of two petitions for rulemaking from several non-governmental organizations (NGOs). These petitions request NMFS take specific actions to address sea turtle interactions in the bottom longline component of the commercial reef fish fishery.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-XXXX at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). If approved, the ICR would allow EPA to pilot in EPA Region 1 (New England) an approach to assessing the effectiveness of compliance assistance in improving environmental performance. The ICR would authorize the administration of surveys, by telephone and on-site, to a random sample of auto-body shops subject to Subpart HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources (NESHAP Subpart HHHHHH). 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.

In accordance with Section 122(i) of the Comprehensive Environmental Response, compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Given Road Lead site in Cincinnati, Ohio with the following settling party: Camargo Club of Cincinnati, Ohio. The settlement requires the settling party to pay $45,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the following location: Records Center, U.S. EPA, Region 5, 7th Floor, 77 W. Jackson Blvd., Chicago, IL 60604.

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 May 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.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise and Twin Falls District Resource Advisory Councils will hold a meeting as indicated below.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), the Bureau of Land Management (BLM) Sierra Front-Northwestern Great Basin Resource Advisory Council (RAC), Nevada, will hold two meetings in Nevada in 2009. All meetings are open to the public. A general public comment period, where the public may submit oral or written comments to the RAC, will be held on the first day of each two-day meeting at 4 p.m.

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). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the U.S. Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of an existing information collection. This information collection occurs electronically via the ``USAJOBS Resume Builder (online application)'' or completion and submission via regular mail, e-mail, fax, or in person of OF 612 ``Optional Form Application for Federal Employment'' or a resume. The USAJOBS Resume Builder and the OF 612 both reflect the minimal critical elements collected across the Federal Government to assess an applicant's qualifications. The online application on USAJOBS captures the essential information Federal agencies require to evaluate applicants for Federal jobs under the authority of sections 1104, 1302, 3301, 3304, 3320, 3361 3393, and 3394 of Title 5 United States Code. This notice also announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request to cancel the form, ``Optional Form Application for Federal Employment (OF 612). The OF 612 has been used as an optional form to apply for Federal jobs. Applicants for Federal positions may also submit a resume as an alternative. The information contained in the OF 612 is incorporated in the USAJOBS Resume Builder on the USAJOBS Web site. Individual government agencies are responsible for indicating in the job announcement what minimal critical elements would be required in any job seeker's resume. Therefore, the need to maintain the OF 612 as the only alternative means of applying for Federal positions no longer exists. This action is being taken to facilitate a more seamless employment application process for both Federal agencies and job seekers. Comments are particularly invited on whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management; and whether it is feasible to discontinue the use of the OF 612 as an alternate means of application; whether this information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; whether our estimates of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. We estimate over 50,125,000 applications will be completed annually using the electronic Resume Builder in the USAJOBS Web site. The OF 612 and the USAJOBS Resume Builder take approximately 40 minutes to read and/or complete, depending on the amount of information the applicant wishes to include. The annual estimated burden is 33,082,500 hours. For copies of this proposal, contact Willie Harrison by phone (202) 606-0106, by E-mail Willie.Harrison@opm.gov or by fax at (202) 606- 1275. Please include a mailing address with your request.

The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Forest Service will prepare an environmental impact statement (EIS) to document the analysis and disclose the environmental impacts of proposed land management activities and corresponding alternatives within the Honey Creek-Padus Project. The purpose of the Honey Creek-Padus Project is to implement land management activities that are consistent with direction in the Chequamegon-Nicolet National Forest 2004 Revised Land and Resource Management Plan and respond to the specific needs identified in the project area. Honey Creek-Padus Project is located on National Forest System lands, administered by the Lakewood-Laona Ranger District, north of Wabeno, WI. The legal description of the project is Township 35 North, Range 14 and 15 East.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared and approved a Record of Decision for the Final Environmental Impact Statement for the updated General Management Plan (GMP), San Juan Island National Historical Park. The current GMP was completed in 1979; many conditions on San Juan Island and within the park have changed, particularly in the last 15-20 years. The requisite no-action ``wait period'' was initiated October 31, 2008, with the Environmental Protection Agency's Federal Register notification of the filing of the Final EIS. Decision: As soon as practical San Juan Island National Historical Park will begin to implement park operations, resource management, interpretive programs, and land acquisitions (willing seller) presented and analyzed as the Preferred Alternative in the Final EIS (and which includes no substantive changes from the course of action as presented in the Draft EIS). The full range of foreseeable environmental consequences was assessed, and appropriate mitigation measures are included in the approved plan; this course of action was deemed to be the ``environmentally preferred'' alternative. The Final EIS identified and analyzed two additional alternatives, and corresponding mitigation strategies, which were responsive to concerns and issues the public voiced during the extensive scoping process and Draft EIS review, and to NPS conservation planning requirements. Alternative C is the selected plan. Identified as the agency- preferred alternative in the EIS, this updated GMP broadens the scope of resource management and interpretation programs to emphasize the connections and interrelationships between the park's cultural and natural resources. Historic buildings and structures will continue to be preserved, with some additional buildings open to the public for interpretation. New facilities, trails and programs will provide opportunities for visitors to understand how the park's natural surroundings influenced the settlement and historic events on San Juan Island and help define the cultural landscapes preserved within the park. The new plan also proposes boundary adjustments at both English Camp and American Camp, which includes acquisition of land from the Washington State Department of Natural Resources (DNR), Bureau of Land Management (BLM), and one private parcel under a willing-seller condition only. Copies: Interested parties desiring to review the Record of Decision may obtain a copy by contacting the Superintendent, San Juan Island National Historical Park, Box 429, Friday Harbor, WA 98250 or via telephone request at (360) 378-2240.