June 1, 2009 – Federal Register Recent Federal Regulation Documents
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Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds
The Department of the Treasury (``Treasury'' or ``We'') is issuing in final form amendments to the Uniform Offering Circular for the Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds. This final rule makes conforming changes to several sections of the Uniform Offering Circular to be consistent with Treasury's current auction practices. The first change modifies the description of Treasury bills to clarify that they may be issued at a discount or at par, depending upon the auction results. The second change clarifies that the rate or yield bid in Treasury bill or Treasury fixed-principal securities auctions must be a positive number or zero. The third change eliminates a provision related to ``guaranteed bid'' arrangements that was intended for multiple-price auctions. Because Treasury no longer conducts multiple-price auctions, the provision is no longer needed or effective. The fourth change updates an example of the proration of auction awards at the highest accepted yield or discount rate to reflect the change in minimum and multiple bid amounts to $100 for all Treasury marketable securities auctions that became effective in 2008. The fifth change modifies the provision for the notification of auction awards and settlement amounts to provide language consistent with related provisions of the Uniform Offering Circular. Finally, we are updating several references to the Bureau of the Public Debt's Web site to reflect the current URL.
Guidance for Industry on Providing Regulatory Submissions in Electronic Format-Drug Establishment Registration and Drug Listing; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``Providing Regulatory Submissions in Electronic FormatDrug Establishment Registration and Drug Listing.'' This guidance document is designed to assist industry (e.g., manufacturers, repackers, and relabelers) with the electronic submission of drug establishment registration and drug listing information. Specifically, the document provides guidance to industry on the types of information to include for purposes of drug establishment registration and drug listing and on how to prepare and submit the information in an electronic format that FDA can process, review, and archive.
Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products
The Department is delaying the effective date of this rule. The Department previously delayed the effective date on March 30, 2009. More time is needed for the Forest Service to properly respond to the comments and to consider any potential changes to the rule. A Federal Register document will be published in the future that responds to the comments and sets the effective date. The rule regulates the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands.
Notice of Availability: Notice of Funding Availability (NOFA) for Native American Housing Block Grant Program Under the American Recovery and Reinvestment Act of 2009.
HUD announces the availability of, and funding criteria for, approximately $242,250,000 available in competitive grants to Indian tribes and other entities eligible to receive Native American Housing and Self-Determination Act (NAHASDA) funds under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 17, 2009). The assistance is intended to preserve and create jobs, promote economic recovery, assist those impacted by the recession, and invest in transportation, environment and infrastructure that will provide long-term economic benefits. The notice establishing program requirements is available on the HUD Web site at: https://www.hud.gov/ recovery
Privacy Act of 1974, as Amended; Computer Matching Program
In compliance with the Privacy Act of 1974, as amended by Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988, ACF is publishing a notice of a computer matching program. The purpose of this computer match is to identify specific individuals who are receiving benefits from the Department of Veterans Affairs (VA) and also receiving payments pursuant to various benefit programs administered by both the Department of Health and Human Services (HHS) and the Department of Agriculture. ACF will facilitate this program on behalf of the State Public Assistance Agencies (SPAAs) that participate in the Public Assistance Reporting Information System (PARIS) for verification of continued eligibility for public assistance. The match will utilize VA and SPAA records.
Notice of Availability: Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program Under the American Recovery and Reinvestment Act of 2009 (FR-5318-N-01)
HUD announces the availability of, and funding criteria for, approximately $10 million that is available to Indian tribes and tribal organizations that received ICDBG grants in Fiscal Year 2008, authorized under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, approved February 17, 2009). This assistance is intended to preserve and create jobs, promote economic recovery, assist those impacted by the recession, and invest in transportation, environment and infrastructure that will provide long-term economic benefits. The notice establishing program requirements and funding criteria is available on the HUD Web site at: https://www.hud.gov/ recovery/icdblockh.cfm.
Small Entity Compliance Guide: Bottled Water: Residual Disinfectants and Disinfection Byproducts; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``Bottled Water: Residual Disinfectants and Disinfection ByproductsSmall Entity Compliance Guide'' for a direct final rule published in the Federal Register of March 28, 2001. This small entity compliance guide (SECG) is intended to set forth in plain language the requirements of the regulation and to help small businesses understand the regulation.
Agency Information Collection Activities; Proposed Collection; Comment Request; Experimental Study of Nutrition Symbols on Food Packages
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the Experimental Study of Nutrition Symbols on Food Packages.
Recovery Act Measurement Science and Engineering Research Grants Program
The National Institute of Standards and Technology (NIST) is establishing a financial assistance program to award research grants and cooperative agreements to support measurement science and engineering research proposals in the following six focus areas: Energy; environment and climate change; information technology/ cybersecurity; biosciences/healthcare; manufacturing; and physical infrastructure, as part of NIST's activities implementing the American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act).
The National Infrastructure Advisory Council
The National Infrastructure Advisory Council (NIAC) will meet on Tuesday July 14, 2009 at the J.W. Marriott's Salons E and F, 1331 Pennsylvania Avenue, Washington, DC 20004.
Recovery Act Measurement Science and Engineering Research Fellowship Program
The National Institute of Standards and Technology (NIST) is establishing a financial assistance program for awardees to develop and implement with NIST a measurement science and engineering fellowship program as part of NIST's activities implementing the American Recovery and Reinvestment Act of 2009 (ARRA, or Recovery Act), Pub. L. 111-5, 123 Stat. 115. The fellowship program is intended to promote training and practical experience in science and engineering, and to advance NIST's mission to promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life.
Recovery Act National Institute of Standards and Technology Construction Grant Program
The National Institute of Standards and Technology (NIST) announces that it will hold a NIST Construction Grant Program competition under the American Recovery and Reinvestment Act of 2009 and is soliciting proposals for financial assistance.
Review of U.S. Human Space Flight Plans Committee; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the Review of U.S. Human Space Flight Plans Committee. For specifics on agenda topics, see the SUPPLEMENTARY INFORMATION section of this notice.
Small Takes of Marine Mammals Incidental to Specified Activities; Open-water Marine Survey Program in the Chukchi Sea, Alaska, During 2009-2010
NMFS has received an application from Shell Offshore Inc. and Shell Gulf of Mexico Inc., collectively known as Shell, for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to an open-water marine survey program, which includes shallow hazards and site clearance work and strudel scour surveys, in the Chukchi Sea, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Shell to incidentally take, by harassment, small numbers of several species of marine mammals during the Arctic open-water seasons between August 2009, and July, 2010, during the aforementioned activity.
60-Day Notice of Proposed Information Collection: Form DS-6001, Request for Advisory Opinion; OMB Control Number 1405-0174
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995.
60-Day Notice of Proposed Information Collection: Form DS-6004, Request To Change End User, End Use and/or Destination of Hardware; OMB Control Number 1405-0173.
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Bottom Longline Petition
NMFS announces its decision to deny a petition for emergency or interim rulemaking under the Administrative Procedure Act (APA) and Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). Several non-governmental organizations (NGOs) petitioned the U.S. Department of Commerce to immediately promulgate an emergency
60-Day Notice of Proposed Information Collection: Form DS-6002, Prior Notification; OMB Control Number 1405-0171
The Department of State is seeking Office of Management and Budget (OMB) approval for information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995.
Atlantic Highly Migratory Species; 2009 Atlantic Bluefin Tuna Quota Specifications and Effort Controls
NMFS announces the final rule to establish 2009 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and Swordfish Management Measures and HMS Permit Requirements
NMFS issues this advance notice of proposed rulemaking (ANPR) to request public comment on potential adjustments to the regulations governing the U.S. Atlantic bluefin tuna (BFT), north Atlantic swordfish (SWO), and shark fisheries to enable more thorough utilization of the available U.S. quotas for BFT and SWO and to improve highly migratory species (HMS) permit structure. Potential action(s) taken may to increase opportunities for U.S. fisheries to fully harvest the U.S. quotas recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) while balancing continuing efforts to end BFT overfishing by 2010 and rebuild the stock by 2019; to continue efforts to revitalize the SWO fishery while minimizing bycatch to the extent practicable; and to clarify and simplify the current HMS permit structure. NMFS is also requesting public comment regarding the potential implementation of catch shares, limited access privilege programs (LAPPs), and individual bycatch caps (IBCs) in highly migratory species fisheries. This ANPR provides background information to inform the public on several actions that NMFS is considering to accomplish these objectives.
Headstone and Marker Application Process
This final rule amends the Department of Veterans Affairs (VA) regulations concerning headstones and markers furnished by the Government through the VA headstone and marker program. It updates ordering procedures for headstones and markers and provides instructions for requesting the addition of a new emblem of belief to VA's list of emblems available for inscription on Government-furnished headstones and markers. Additionally, this final rule establishes criteria to guide VA's decisions on requests to add new emblems of belief to the list.
International Standard-Setting Activities
This notice informs the public of the sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex), in accordance with section 491 of the Trade Agreements Act of 1979, as amended, and the Uruguay Round Agreements Act, Public Law 103-465, 108 Stat. 4809. This notice also provides a list of other standard-setting activities of Codex, including commodity standards, guidelines, codes of practice, and revised texts. This notice, which covers the time periods from June 1, 2008, to May 31, 2009, and June 1, 2009, to May 31, 2010, seeks comments on standards under consideration and recommendations for new standards.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Restrictions and Observer Requirements in Purse Seine Fisheries for 2009-2011 and Turtle Mitigation Requirements in Purse Seine Fisheries
NMFS proposes regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (Act) to implement certain decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). Those decisions require that the members of the WCPFC, including the United States, take certain measures with respect to their purse seine fisheries in the area of competence of the WCPFC, which includes most of the western and central Pacific Ocean (WCPO). This action is necessary for the United States to satisfy its international obligations under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
Fisheries of the Exclusive Economic Zone Off Alaska; Loan Program for Crab Quota Share; Amendment 33
The North Pacific Fishery Management Council (Council) has submitted Amendment 33 to the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (FMP). If approved, Amendment 33 would allow NMFS to reduce the amount of fees collected under the Crab Rationalization Program to the amount needed to finance the Federal loan program for quota share purchase. The amendment would allow NMFS to reserve only the amount of fees necessary to support the loan program, including no fees if none are needed. This action is necessary to ensure that fishery participants do not pay fees for loan program financing in excess of the fees needed to support the loan program. This FMP amendment would not result in modifications to Federal regulations.
Proposed Information Collection; Comment Request; National Estuaries Restoration Inventory
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Amendment 7
The South Atlantic Fishery Management Council (Council) has submitted Amendment 7 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 7 proposes actions to rename the commercial vessel permit and the limited access endorsement; remove the requirement for a minimum level of landings for the renewal of a limited access endorsement; allow the reissue of a limited access endorsement that had been terminated because of failure to meet that minimum level; allow the reissue of an endorsement that had been terminated because of failure to renew it in a timely manner; and require the submission of economic data by participants in the fishery. The measures contained in the subject amendment are intended to maintain a viable rock shrimp fishery in the South Atlantic region.
Environmental Impact Statement: Polk County, IA
The FHWA and Iowa DOT are issuing this notice to advise the public a tiered EIS will be prepared for a proposed roadway project in Polk County, Iowa. This is a change from a standard EIS to a tiered EIS. The Notice of Intent for the original EIS was published on July 21, 2005. The planned tiered EIS will evaluate potential transportation improvement alternatives for serving northeast Des Moines and its neighboring communities between I-80/US65 west of Altoona to US69/NE 126 Avenue north of Ankeny.
Impact of Arbitron Audience Ratings Measurements on Radio Broadcasters
This document seeks comment on issues relating to the commercial use of a radio audience measurement device, developed by Arbitron, Inc., known as the portable people meter (``PPM''). It asks about the effects of the PPM methodology on competition and diversity, whether it is sufficiently accurate and reliable to merit the Commission's continued reliance on it, and the Commission's jurisdiction to take action in this area should it find an adverse effect in any of these areas.
Buy America Waiver Notification
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of a foreign Three-Ton Chain Hoist in the Federal-aid construction project for the Hood Canal Bridge BR-0104 (25) retrofit and replacement in Washington.
Opportunity for Designation in the California; Frankfort, IN; Indianapolis, IN; and Virginia Areas and Request for Comments on the Official Agencies Serving These Areas
The designations of the official agencies listed below will end on December 31, 2009. We are asking persons or governmental agencies interested in providing official services in the areas served by these agencies to submit an application for designation. We are also asking for comments on the quality of services provided by these currently designated agencies: California Agri Inspection Company, Inc. (California Agri); Frankfort Grain Inspection, Inc. (Frankfort); Indianapolis Grain Inspection & Weighing Service, Inc. (Indianapolis); and Virginia Department of Agriculture and Consumer Services (Virginia).
Plan for the Use and Distribution of Judgment Funds Awarded to the Pueblo of San Ildefonso in Docket 660-87L
Notice is hereby given that the plan for the use and distribution of the judgment funds awarded to the Pueblo of San Ildefonso v. U.S., Docket 660-87L, is effective as of March 10, 2009. The judgment fund was awarded by the United States Court of Federal Claims on June 10, 1991, and appropriated on August 14, 1991.
Designation for Topeka, KS; Cedar Rapids, IA; Minot, ND; and Cincinnati, OH
GIPSA is announcing the designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (USGSA): Kansas Grain Inspection Service, Inc. (Kansas); Mid-Iowa Grain Inspection, Inc. (Mid-Iowa); Minot Grain Inspection, Inc. (Minot); and Tri-State Grain Inspection Service, Inc. (Tri-State).
Solicitation for a Cooperative Agreement-National Sheriffs' Institute: Training Program Review, Delivery, Revision, and Evaluation
The National Institute of Corrections (NIC), Jails Division, is seeking applications for the review, delivery, evaluation, and revision of the curriculum for the National Sheriffs' Institute (NSI), which is co-sponsored by the National Institute of Corrections (NIC) and the National Sheriffs' Association (NSA). The NSI is a seven-day training program designed to introduce first-term sheriffs to leadership concepts as they apply to the Office of Sheriff. The project will be for a three-year period and will be carried out in conjunction with the NIC Jails Division. The awardee will work closely with NIC staff on all aspects of the project. To be considered, applicants must demonstrate, at a minimum: (1) Knowledge of the leadership role of sheriffs in their organization, local criminal justice system, and community; (2) in-depth expertise on contemporary leadership principles, concepts, and practices and their application to the leadership roles of sheriffs; (3) ability to conduct training, based on adult learning principles, on leadership principles, concepts, and practices; and (4) experience in conducting training for first-term sheriffs on their leadership roles.
Capital Adequacy Guidelines: Treatment of Perpetual Preferred Stock Issued to the United States Treasury Under the Emergency Economic Stabilization Act of 2008
The Board is adopting a final rule to allow bank holding companies that have issued senior perpetual preferred stock to the U.S. Department of the Treasury under the capital purchase and other programs established by the Secretary of the Treasury under the Emergency Economic Stabilization Act of 2008, to include such capital instruments in tier 1 capital for purposes of the Board's risk-based and leverage capital guidelines for bank holding companies.
Capital Adequacy Guidelines; Small Bank Holding Company Policy Statement: Treatment of Subordinated Securities Issued to the United States Treasury Under the Emergency Economic Stabilization Act of 2008
The Board has adopted, and is seeking public comment on an interim final rule (interim final rule or rule) to support in a timely manner, the full implementation and acceptance of the capital purchase program of the U.S. Department of Treasury (Treasury) and promote the stability of banking organizations and the financial system. This rule permits bank holding companies that have made a valid election to be taxed under Subchapter S of Chapter 1 of the U.S. Internal Revenue Code (S-Corp BHCs) and bank holding companies organized in mutual form (Mutual BHCs) to include the full amount of any new subordinated debt securities issued to the Treasury under the capital purchase program announced by the Secretary of the Treasury on October 14, 2008 (Subordinated Securities) in tier 1 capital for purposes of the Board's risk-based and leverage capital guidelines for bank holding companies, provided that the Subordinated Securities will count toward the limit on the amount of other restricted core capital elements includable in tier 1 capital; and allows bank holding companies that are subject to the Board's Small Bank Holding Company Policy Statement and that are S- Corps or Mutual BHCs to exclude the Subordinated Securities from treatment as debt for purposes of the debt-to-equity standard under the Small Bank Holding Company Policy Statement.
Privacy Act of 1974, as Amended; Amendment of an Existing System of Records
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior (Department) is issuing a public notice of its intent to amend an existing Privacy Act system of records notice, entitled, Interior, BIA-2 ``Safety Management Information System.'' One of the revisions is to change the name of the system to BIA-2, ``Safety Records System (SRS).'' The amendments will also update the existing notice and include a new group of information which will be collected as a result of new policy. The new information is a result of documentation required to issue a Motor Vehicle Operation Authorization Card. Other changes to Interior BIA-2 include updating data in the following fields: System Locations, Categories of Individuals Covered by the System, Categories of Records in the System, Routine Uses of Records Maintained in the System, Categories of Users and the Purposes of Such Uses, System Manager, and Retention and Disposal.
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