December 4, 2009 – Federal Register Recent Federal Regulation Documents

The Department of Labor (Department) is providing notice that, in accordance with its labor certification regulations, as of January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs. In addition, the Department is providing guidance about the implementation of the issuance of PWDs for applications in the Commonwealth of the Northern Mariana Islands (CNMI).

Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Barron & Brothers International of Cornelia, Georgia, an exclusive license to U.S. Patent Application Serial No. 12/494,490, ``System For Delivering Poultry Litter Below Soil Surface'', filed on June 30, 2009.

The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the reports of the Export-Import Bank of the United States to Congress.

By a decision served on December 1, 2009, the Board announced that it will hold oral arguments in two cases: STB Finance Docket No. 35225, San Benito Railroad LLCAcquisition ExemptionCertain Assets of Union Pacific Railroad Company (San Benito RR); and STB Finance Docket No. 35239, Allegheny Valley Railroad CompanyPetition for Declaratory Order (Allegheny Valley).

This Notice announces a change in the location where applications for temporary labor certification programs will be filed and/or are being processed.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the purchase of foreign roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 on a Federal-aid/American Recovery and Reinvestment Act project no. X-STP-5900 (180) in Portland, Oregon.

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 or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 2, 2009, vol. 74, no. 169, page 45516. Aeronautical Chart Point of Sale Survey data will be used by the Federal Aviation Administration to measure management objectives and analyze customer feedback for ISO-9001.

This action adds to the Procurement List a product and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

In response to a petition filed by Arkansas Electric Cooperative Corporation (AECC) on October 2, 2009, and the reply of BNSF Railway Company (BNSF), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e).\1\ The issues before the Board arise from Tariff 6041-B Items 100 and 101 (Tariff provisions), issued by BNSF on May 27, 2009, which require that Powder River Basin (PRB) coal shippers using the Joint Line \2\ or the Black Hills Subdivision must ensure that the emission of coal dust from the cars does not exceed the coal dust emissions standards set by BNSF. The issues raised in these filings include: (1) Whether the Tariff provisions constitute an unreasonable rule or practice; (2) whether BNSF may establish rules designed to inhibit the dispersion of coal dust from coal trains operating over its lines; and (3) whether refusal to provide service for non-compliance with the Tariff provisions or other actions to enforce compliance would violate BNSF's common carrier obligation. Due to the vital role transportation of coal by rail plays in the nation's energy supply and the economy in general, the Board seeks public comment and participation on this matter.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ``Guidance for Industry: Factors that Distinguish Liquid Dietary Supplements from Beverages, Considerations Regarding Novel Ingredients, and Labeling for Beverages and Other Conventional Foods.'' The draft guidance describes factors that can be used to identify liquid products that are excluded from being dietary supplements because they are represented as conventional foods. Further, the draft guidance reminds manufacturers and distributors of beverages and other conventional foods, particularly those that contain novel ingredients, about the requirements of the Federal Food, Drug, and Cosmetic Act (the act) regarding ingredients and labeling.

In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 USC 3507, the Federal Energy Regulatory Commission (Commission or FERC) has submitted the information collection described below to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology system of records entitled the ``Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology003 Technical Reconciliation Analysis Classification System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology003 Technical Reconciliation Analysis Classification system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/U.S. Coast Guard system of records entitled the ``Department of Homeland Security/U.S. Coast Guard013 Marine Information for Safety and Law Enforcement System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/U.S. Coast Guard013 Marine Information for Safety and Law Enforcement system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Cortez bridge across the Gulf Intracoastal Waterway, mile 87.4, at Bradenton Beach, FL. The deviation is necessary to facilitate repairs of the bascule leaves of the bridge. This deviation allows the bridge to conduct single-leaf operations while repairs are conducted. A two hour notice for double leaf operations will be required.

The Coast Guard proposes to modify the drawbridge operation regulation for the U.S. Highway 101 bascule bridge across the Chehalis River, mile 0.1, at Aberdeen, Washington, so that one-hour notice would be required at all times. The change is necessary to allow the bridge owner to reduce the staffing requirements of the bridge in light of the infrequent openings requested for the bridge.

This notice announces that all persons making payment to Customs and Border Protection (CBP) by check must provide their Taxpayer Identifying Number (TIN) when paying CBP. The TIN should be written on the face of the check. Providing the TIN on the face of the check will facilitate payment processing.

The Office of the United States Trade Representative (``USTR'') is providing notice that on November 4, 2009, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the United States requested that the WTO Dispute Settlement Body establish a dispute settlement panel to review the U.S. claims concerning restraints on the export from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc (the ``materials''). That request may be found at https://www.wto.org contained in a document designated as WT/DS394/7. USTR invites written comments from the public concerning the issues raised in this dispute.

This notice announces four fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to revise Class B airspace at Atlanta, GA. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking.