August 14, 2009 – Federal Register Recent Federal Regulation Documents

NMFS issues regulations implementing Amendment 28 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations amend the Bering Sea/Aleutian Islands Crab Rationalization Program to allow post-delivery transfers of all types of individual fishing quota and individual processing quota to cover overages. This action is necessary to improve flexibility of the fleet, reduce the number of violations for overages, reduce enforcement costs, and allow more complete harvest of crab allocations. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

On April 8, 2009, the Department of Commerce (``Department'') published the preliminary results of the 2007-2008 administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). See Glycine from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 15930 (April 8, 2009) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the period of review (``POR''), i.e., March 1, 2007, through February 29, 2008.

In response to a request from Fujian Yu Xing Fruit and Vegetable Foodstuff Development Co., Ltd. (Yu Xing), the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China for the period February 1, 2008, through January 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 19042 (April 27, 2009) (Initiation Notice). No other interested party requested an administrative review for this period. On July 24, 2009, Yu Xing withdrew its request for an administrative review. The withdrawal request was filed in a timely manner. Therefore, as discussed below, the Department is rescinding this administrative review.

This notice sets forth the interim procedures the Committee for the Implementation of Textile Agreements (``CITA'') will follow in implementing certain provisions of the United States - Peru Trade Promotion Agreement Implementation Act (``US-PERU TPA''), which implemented into U.S. law the United States - Peru Trade Promotion Agreement (``Agreement''). Section 203(o)(2) of the US-PERU TPA provides that the President shall establish procedures to govern the submission of requests to modify the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner in either the United States or Peru as set out in Annex 3-B of the Agreement. The President has delegated to CITA the authority to determine whether fabrics, yarns, or fibers are not available in commercial quantities in a timely manner in either the United States or Peru and has directed CITA to establish procedures that govern the submission of a request and provide the opportunity for interested entities to submit comments and supporting evidence in any such determination pursuant to the US-PERU TPA.

On August 5, 2009, the Chairman of CITA received a request from Sorini Samet & Associates LLC, on behalf of Cintas Corporation (``Cintas''), alleging that certain yarn-dyed poplin fabric, as specified below, classified under subheading 5513.31 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting that CITA consider whether the North American Free Trade Agreement (NAFTA) rule of origin for articles of apparel and clothing accessories, not knitted or crocheted, classified under HTSUS Chapter 62, should be modified to allow the use of certain non-North American yarn-dyed poplin fabric, as specified below. The President may proclaim a modification to the NAFTA rules of origin only after reaching an agreement with the other NAFTA countries on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether certain yarn-dyed poplin fabric, as specified below, can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by September 14, 2009 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, DC 20230.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning accident prevention plans and recordkeeping. A request for public comments was published in the Federal Register at 74 FR 24854, May 26, 2009. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, 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; 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.

The Coast Guard is establishing a temporary safety zone for all waters of the Missouri River, Mile 366.3 to 369.8, extending the entire width of the river. This safety zone is needed to protect persons and vessels from safety hazards associated with an aerial display occurring over a portion of the Missouri River. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Upper Mississippi River or a designated representative.

The Coast Guard is establishing a temporary safety zone for the MS Harborfest Tugboat Races in Casco Bay, Maine. This temporary safety zone is necessary to provide for the safety of life on the navigable waters by prohibiting spectators, vessels, and other users of the waterway from entering the area surrounding the tugboat races due to the hazards associated with the tugboat races.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has a issued one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Form 531, Request for Taxpayer Identification Number. 2. Current OMB approval number: OMB No. 3150-0188. 3. How often the collection is required: One time from each applicant or individual to enable the Department of the Treasury to process electronic payments or collect debts owed to the Government. 4. Who is required or asked to report: All individuals doing business with the U.S. Nuclear Regulatory Commission, including contractors and recipients of credit, licenses, permits, and benefits. 5. The number of annual respondents: 300. 6. The number of hours needed annually to complete the requirement or request: 25 hours (5 minutes per respondent). 7. Abstract: The Debt Collection Improvement Act of 1996 requires that agencies collect taxpayer identification numbers (TINs) from individuals who do business with the Government, including contractors and recipients of credit, licenses, permits, and benefits. The TIN will be used to process all electronic payments (refunds) made to licensees by electronic funds transfer by the Department of the Treasury. The Department of the Treasury will use the TIN to determine whether the refund can be used to administratively offset any delinquent debts reported to the Treasury by other government agencies. In addition, the TIN will be used to collect and report to the Department of the Treasury any delinquent indebtedness arising out of the licensee's or applicant's relationship with the NRC. Submit, by October 13, 2009, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2009-0334. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2009-0334. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.

Uranium One Americas (Uranium One) submitted an application for a new source material license for the Antelope and JAB Uranium Project to be located in Sweetwater County, Wyoming, approximately 38 miles northwest of Rawlins, Wyoming and approximately 90 miles southwest of Casper, Wyoming. The application proposes the construction, operation, and decommissioning of in-situ recovery (ISR), also known as in-situ leach, facilities and restoration of the aquifer from which the uranium is being extracted. Uranium One submitted the application for the new source material license to the U.S. Nuclear Regulatory Commission (NRC) by a letter dated July 3, 2008. A notice of receipt and availability of the license application, including the Environmental Report (ER), and opportunity to request a hearing was published in the Federal Register on May 19, 2009 (74 FR 23436). The purpose of this NOI is to inform the public that the NRC will be preparing a site-specific Supplemental Environmental Impact Statement (SEIS) to the Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities (ISR GEIS) for a new source material license for the Antelope and JAB Uranium Project, as required by 10 CFR 51.26(d). In addition, as outlined in 36 CFR 800.8, ``Coordination with the National Environmental Policy Act (NEPA),'' the NRC plans to use the environmental review process as reflected in 10 CFR part 51 to coordinate compliance with section 106 of the National Historic Preservation Act.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is an extension, without change, of a currently approved collection which FNS employs to determine public participation and the distribution of foods in the Food Distribution Programs.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed settlement embodied in an amendment to an Administrative Order on Consent, Index No. CERCLA-02-2001-2020 (``Order''). The Order was issued to the International Business Machines Corporation (``IBM'') in connection with the Shenandoah Road Groundwater Contamination Superfund Site, East Fishkill, Dutchess County, New York (``Site''). The amendment to the Order was signed by the U.S. Environmental Protection Agency (``EPA'' or the ``Agency'') on June 15, 2009, and contains a covenant not to sue under Section 122(h) of CERCLA, 42 U.S.C. 9622(h). Under the proposed amendment, EPA is covenanting not to sue IBM for $50,000 of response costs, conditioned upon IBM's assistance to the Town of East Fishkill in acquiring waterline easements to properties at the Site, and upon IBM's performance of its obligations under the Order, including construction of an alternate water supply. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the amendment. EPA will consider all comments received and may modify or withdraw its consent to the covenant not to sue if comments received disclose facts or considerations that indicate that the proposed covenant not to sue is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA, Region 2, 290 Broadway, New York, New York 10007-1866.

This notice announces a fee of $150 to be charged for the 2010 tariff-rate quota (TRQ) year for each license issued to a person or firm by the U.S. Department of Agriculture (USDA) authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in the ICH Regions; Annex 9: Tablet Friability General Chapter.'' The draft guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The draft guidance provides the results of the ICH Q4B evaluation of the Tablet Friability General Chapter harmonized text from each of the three pharmacopoeias (United States, European, and Japanese) represented by the Pharmacopoeial Discussion Group (PDG). The draft guidance conveys recognition of the three pharmacopoeial methods by the three ICH regulatory regions and provides specific information regarding the recognition. The draft guidance is intended to recognize the interchangeability between the local regional pharmacopoeias, thus avoiding redundant testing in favor of a common testing strategy in each regulatory region. This draft guidance is the ninth annex to the core Q4B guidance, which was made available in the Federal Register of February 21, 2008 (73 FR 9575).

The Commission has before it a petition for rulemaking filed by WHDH-TV, the licensee of station WHDH-TV, DTV channel 7, Boston, Massachusetts. WHDH-TV requests the substitution of its pre-transition DTV channel 42 for its post-transition DTV channel 7 at Boston.

The Commission grants a petition for rulemaking filed by the Regents of the University of New Mexico, the licensee of noncommercial educational station KNMD-DT, DTV channel *9, Santa Fe, New Mexico, requesting the substitution of DTV channel *8 for DTV channel *9 at Santa Fe.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in the ICH Regions; Annex 10: Polyacrylamide Gel Electrophoresis General Chapter.'' The draft guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The draft guidance provides the results of the ICH Q4B evaluation of the Polyacrylamide Gel Electrophoresis General Chapter harmonized text from each of the three pharmacopoeias (United States, European, and Japanese) represented by the Pharmacopoeial Discussion Group (PDG). The draft guidance conveys recognition of the three pharmacopoeial methods by the three ICH regulatory regions and provides specific information regarding the recognition. The draft guidance is intended to recognize the interchangeability between the local regional pharmacopoeias, thus avoiding redundant testing in favor of a common testing strategy in each regulatory region. This draft guidance is the tenth annex to the core Q4B guidance, which was made available in the Federal Register of February 21, 2008 (73 FR 9575).

In accordance with section 102 of the National Environmental Policy Act of 1969, the BLM and the USFS have jointly prepared a Draft Environmental Impact Statement (DEIS) to analyze the Dewey Conveyor Project, Custer County, South Dakota, and by this Notice are announcing the opening of the comment period.

This final rule amends the Bureau of Economic Analysis' (BEA) regulations to set forth the reporting requirements for a new mandatory Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons. The survey will collect data on cross-border reinsurance and other insurance transactions from U.S. insurance companies. The BE-140 survey will be conducted every five years with the first survey covering calendar year 2008. The BE-140 survey data will be used by BEA to estimate the insurance services component of the U.S. International Transactions Accounts (ITAs) and other economic accounts compiled by BEA.