May 11, 2009 – Federal Register Recent Federal Regulation Documents
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Meetings; Sunshine Act
The Commission will consider a Notice of Proposed Rulemaking and Order that seeks comment on the collection of regulatory fees for Fiscal Year 2009 and proposes adjustments to the existing regulatory fee schedule contained in Section 9 of the Communications Act. 2 Wireline Competition. Title: IP-Enabled Services (WC Docket No. 04-36). Summary: The Commission will consider a Report and Order concerning the requirements of interconnected VoIP providers when discontinuing service. 3 Wireline Competition. Title: Local Number Portability Porting Interval and Validation Requirements (WC Docket No. 07-244); Telephone Number Portability (CC Docket No. 95-116). Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking concerning the interval for porting a customer's telephone number in response to wireline- to-wireline and intermodal port requests.
Revocation of Final Rule Eliminating Time-in-Grade Requirements Pending Policy Review; Extension of Effective Date During Rulemaking
The U.S. Office of Personnel Management (OPM) proposes to revoke the final rule, titled Time-in-Grade Rule Eliminated, published in the Federal Register on November 7, 2008, pending OPM's review and consideration of additional public comments received in response to a March 9, 2009 Federal Register notice which extended the final rule's effective date. OPM also proposes to extend the final rule's effective date for an additional 90 days, from May 18, 2009 until August 16, 2009, to avoid the unnecessary expense of allowing a rule to take effect that may later be amended or revoked as a result of the rulemaking proceeding. OPM seeks comments, with a 30-day comment period, on the merits of revoking, retaining, or amending OPM's November 7, 2008 final rule. OPM also seeks comments, with a 5-day comment period, on the merits of extending the final rule's effective date pending the completion of the rulemaking proceeding.
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct certain activities with endangered species or marine mammals. Both the Endangered Species Act and the Marine Mammal Protection Act require that we invite public comment on these permit applications.
Receipt of Applications for Permit
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.
Federal Acquisition Regulation; Submission for OMB Review; Freight Classification Description
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), Regulatory Secretariat (VPR) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Freight Classification Description. A request for public comments was published in the Federal Register at 73 FR 74711, on December 9, 2008. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; 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.
Craft Routinely Operated Dockside
The Coast Guard gives notice that, in accord with a recent Supreme Court decision, it will no longer inspect permanently moored craft or issue Certificates of Inspection to such craft unless a craft demonstrates that it is a vessel, capable of being used as a means of transportation on water. This notice discusses the implications of the Supreme Court decision and responds to comments received in response to a 2004 notice that proposed a policy for permanently moored vessels.
Secretary of State's Determination Under the International Religious Freedom Act of 1998
The Secretary of State designation of ``countries of particular concern'' for religious freedom violations. Pursuant to Section 408(a) of the International Religious Freedom Act of 1998 (Pub. L. 105-292), as amended (the Act), notice is hereby given that, on January 16, 2009, the Secretary of State, under authority delegated by the President, has designated each of the following as a ``country of particular concern'' (CPC) under section 402(b) of the Act, for having engaged in or tolerated particularly severe violations of religious freedom: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan. The Secretary simultaneously designated the following Presidential actions for these CPCs: For Burma, the existing ongoing arms embargo referenced in 22 CFR 126.1(a), pursuant to section 402(c)(5) of the Act; For China, the existing ongoing restrictions on exports to China of crime control and detection instruments and equipment, under Public Law 101-246 and the Foreign Relations Authorization Act of 1990 and 1991, pursuant to section 402(c)(5) of the Act; For Eritrea, the existing ongoing arms embargo referenced in 22 CFR 126.1(a), pursuant to section 402(c)(5) of the Act; For Iran, the existing ongoing restrictions on United States security assistance in accordance with section 40 of the Arms Export Control Act, pursuant to section 402(c)(5) of the Act; For North Korea, the existing ongoing restrictions to which North Korea is subject pursuant to sections 402 and 409 of the Trade Act of 1974 (the Jackson-Vanik Amendment), pursuant to section 402(c)(5) of the Act; For Saudi Arabia, a waiver to ``further the purposes of the Act,'' pursuant to section 407 of the Act; For Sudan, the use of the voice and vote of the United States to oppose any loan or other use of the funds of international financial institutions to or for Sudan, consistent with section 1621 of the International Financial Institutions Act, pursuant to section 402(c)(5) of the Act; and For Uzbekistan, a 180-day waiver to ``further the purposes of the Act,'' pursuant to section 407 of the Act.
Notice of Availability: Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009
HUD announces the program requirements, submission deadlines, and waivers and alternative requirements for funding available under the Community Development Block Grant Recovery (CDBG-R) program authorized by Title XII of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 17, 2009). The focus of CDBG- R funding is on infrastructure improvements that meet the overall goals of the American Recovery and Reinvestment Act, which are to stimulate the economy through measures that modernize the nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. Approximately $1 billion is available for CDBG-R to states and local governments. The notice establishing the program requirements, including waivers and alternative requirements, is available on the HUD Web site at: https:// www.hud.gov/recovery/cdblock.cfm.
Workforce Investment Act of 1998 (WIA); Notice of Incentive Funding Availability Based on Program Year (PY) 2007 Performance
The Department of Labor, in collaboration with the Department of Education, announces that eleven states are eligible to apply for Workforce Investment Act (WIA) (Pub. L. 105-220, 29 U.S.C. 2801 et seq.) incentive grant awards authorized by section 503 of the WIA.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for CEMEX, Inc.-Lyons Cement Plant
This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to an operating permit issued by the Colorado Department of Public Health and Environment (CDPHE). Specifically, the Administrator has partially granted and partially denied the March 21, 2008 petition, submitted by Rocky Mountain Clean Air Action (Petitioner), to object to the March 1, 2008 operating permit issued to CEMEX, Inc. to operate the Lyons Cement Plant. Pursuant to section 505(b)(2) of the Clean Air Act (Act), Petitioners may seek judicial review of those portions of the petitions, which EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.
Agency Information Collection Activities; Proposed Collection; Comment Request; Rule for the Inclusion of Delaware and New Jersey in the Clean Air Insterstate Rule-Final Rule; EPA ICR No. 2184.03, OMB Control No. 2060-0584
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 July 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.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Generally Recognized as Safe: Notification Procedure
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
American Recovery and Reinvestment Act of 2009 Public Transportation Capital Investment Grants Program Appropriation and Allocations
The ``American Recovery and Reinvestment Act, 2009'' (Pub. L. 111-5; ``ARRA''), signed into law by President Barack Obama on February 17, 2009, includes $8.4 billion for transit capital improvements. The Federal Transit Administration (FTA) published in the Federal Register the transit formula program-related provisions of the ARRA, as well as program and grant application requirements for these funds, on March 5, 2009. This notice implements the Capital Investment Grants Program provisions of the ARRA and provides program and grant application requirements for these funds, for FTA's New Starts and Small Starts programs.
James B. Nutter & Company; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Submission for OMB Review; Comment Request
The Department of Justice is publishing its spring 2009 regulatory agenda pursuant to Executive Order 12866 ``Regulatory Planning and Review,'' 58 FR 51735, and the Regulatory Flexibility Act, 5 U.S.C. sections 601 to 612 (1988).
Submission for OMB Review; Comment 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.
Airworthiness Directives; CFM International, S.A. CFM56-7B Series Turbofan Engines
The FAA proposes to adopt a new airworthiness directive (AD) for CFM International, S.A. CFM56-7B series turbofan engines. This proposed AD would require initial and repetitive eddy current inspections (ECIs) of certain part number (P/N) low-pressure (LP) turbine rear frames. This proposed AD results from a refined life analysis by the engine manufacturer that shows the need to identify an initial and repetitive inspection threshold for inspecting certain LP turbine rear frames. We are proposing this AD to prevent failure of the LP turbine rear frame from low-cycle-fatigue cracks. Failure of the LP turbine rear frame could result in engine separation from the airplane, possibly leading to loss of control of the airplane.
Pennsylvania Regulatory Program
We recently approved an amendment to the Pennsylvania regulatory program (the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The changes related to blasting for the development of shafts for underground mines and other changes to the blasting regulations in the Pennsylvania program. After our approval of the amendment, the Pennsylvania Department of Environmental Protection (PADEP) requested a clarification of our findings in support of that approval. Therefore, OSM is publishing a clarification of our previous findings.
General Services Administration Acquisition Regulation; Submission for OMB Review; GSA Form 527, Contractor's Qualifications and Financial Information
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding GSA Form 527, Contractor's Qualifications and Financial Information. A request for public comments was published in the Federal Register at 73 FR 79130, December 24, 2008. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.
Federal Acquisition Regulation; Submission for OMB Review; Evaluation of Export Offers
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), Regulatory Secretariat (VPR) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Evaluation of Export Offers. A request for public comments was published in the Federal Register at 73 FR 76003, December 15, 2008. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; 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.
Notice of Partially Closed Meeting of the Chief of Naval Operations (CNO) Executive Panel
The CNO Executive Panel will report on the findings and recommendations to the Chief of Naval Operations of the Subcommittee on Navy's Industrial Baseline in the Economic Downturn. The discussion of such information would be exempt from public disclosure as set forth in section 552b(c)(5), (6), and (7) of title 5, United States Code. For this reason the executive session of this meeting will be closed to the public.
United States Section; Notice of Availability of a Final Environmental Assessment and Finding of No Significant Impact for Emergency Repairs to the Presidio Flood Control Project in Presidio, TX
Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Final Regulations (40 CFR Parts 1500 through 1508); and the United States Section, Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981, (46 FR 44083); the United States Section hereby gives notice that the Final Environmental Assessment and Finding of No Significant Impact for Emergency Repairs to the Presidio Flood Control Project in Presidio, Texas are available. A notice of finding of no significant impact dated April 2, 2009, provided a thirty (30) day comment period before making the finding final. The Notice was published in the Federal Register on April 2, 2009 (Federal Register Notice, Vol. 74, No. 62, Page 14999).
Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting
In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Eastern Washington Resource Advisory Council will meet as indicated below.
Notice of Public Meeting; Central Montana Resource Advisory Council
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Central Montana Resource Advisory Council (RAC) will meet as indicated below.
Notice of Web Site Publication
Notice is hereby given of public access via https:// www.climate.noaa.gov to information pertaining to an upcoming Climate Program Office solicitation of grant proposals.
Hot-Rolled Steel Products From Kazakhstan, Romania, and South Africa
The U.S. International Trade Commission (``Commission'') hereby gives notice of the court-ordered remand of its five-year review determinations in the countervailing duty and antidumping Investigation Nos. 701-TA-407 and 731-TA-902, 904, 905 concerning hot-rolled steel products from Kazakhstan, Romania, and South Africa. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).
In the Matter of: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 7, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighting control devices including dimmer switches and parts thereof that infringe certain claims of U.S. Patent Nos. 5,637,930 and 5,248,919 and U.S. Trademark Registration No. 3,061,804. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.
New Animal Drugs; Trilostane
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the original approval of a new animal drug application (NADA) filed by Dechra, Ltd. The NADA provides for the veterinary prescription use of trilostane capsules in dogs for treatment of pituitary-dependent hyperadrenocorticism and for treatment of hyperadrenocorticism due to adrenocortical tumor.
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
The U. S. Small Business Administration (SBA) is considering granting a waiver of the Nonmanufacturer Rule for PSC 9130Liquid PropellantsPetroleum Base. According to a request, no small business manufacturers supply these classes of products to the Federal government. If granted, the waiver would allow otherwise qualified nonmanufacturer to supply the products of any manufacturer on a Federal contract set aside for small businesses, service-disabled veteran-owned small businesses, or participants in the SBA's 8(a) Business Development Program.
New Animal Drugs; Carprofen
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the original approval of an abbreviated new animal drug application (ANADA) filed by Norbrook Laboratories, Ltd. The ANADA provides for the veterinary prescription use of carprofen caplets in dogs.
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