December 8, 2009 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2009-12-08-ReaderAids
Type: Reader Aids
Date: 2009-12-08
International Day of Persons with Disabilities, 2009
Document Number: E9-29373
Type: Proclamation
Date: 2009-12-08
Agency: Executive Office of the President, Presidential Documents
National Impaired Driving Prevention Month, 2009
Document Number: E9-29372
Type: Proclamation
Date: 2009-12-08
Agency: Executive Office of the President, Presidential Documents
Critical Infrastructure Protection Month, 2009
Document Number: E9-29371
Type: Proclamation
Date: 2009-12-08
Agency: Executive Office of the President, Presidential Documents
Sunshine Act Meeting
Document Number: E9-29320
Type: Notice
Date: 2009-12-08
Agency: Federal Reserve System, Agencies and Commissions
Sunshine Act; Meeting Notice
Document Number: E9-29311
Type: Notice
Date: 2009-12-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Sunshine Act Meeting of the Board of Directors-Telephonic
Document Number: E9-29263
Type: Notice
Date: 2009-12-08
Agency: Legal Services Corporation, Agencies and Commissions
Marine Mammals; File No. 555-1870
Document Number: E9-29259
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that James T. Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039, has applied for an amendment to Scientific Research Permit No. 555-1870-00.
Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops
Document Number: E9-29258
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in January, February, and March of 2010. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2010 and announced in the Federal Register.
Submission for OMB Review; Comment Request
Document Number: E9-29257
Type: Notice
Date: 2009-12-08
Agency: Department of Agriculture
Center for Scientific Review; Notice of Closed Meeting
Document Number: E9-29254
Type: Notice
Date: 2009-12-08
Agency: Department of Health and Human Services, National Institutes of Health
Center For Scientific Review; Notice of Closed Meetings
Document Number: E9-29252
Type: Notice
Date: 2009-12-08
Agency: Department of Health and Human Services, National Institutes of Health
Watson Pharmaceuticals, Inc. and Andrx Corporation; Analysis of Agreement Containing Consent Orders to Aid Public Comment
Document Number: E9-29251
Type: Notice
Date: 2009-12-08
Agency: Federal Trade Commission, Agencies and Commissions
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 draft complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.
Government-Owned Inventions; Availability for Licensing
Document Number: E9-29250
Type: Notice
Date: 2009-12-08
Agency: Department of Health and Human Services, National Institutes of Health
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
National Toxicology Program (NTP); Center for the Evaluation of Risks to Human Reproduction (CERHR); Announcement of the Soy Formula Expert Panel Meeting: Amended Notice
Document Number: E9-29249
Type: Notice
Date: 2009-12-08
Agency: Department of Health and Human Services
The CERHR announces the availability of a teleconference line to allow presentation of oral comments at the expert panel meeting on December 16-18, 2009, at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA. Information regarding the soy formula expert panel meeting was announced in the Federal Register (74 FR 53508) published on October 19, 2009, and is available on the CERHR Web site (https://cerhr.niehs.nih.gov). The guidelines and deadlines published in this Federal Register notice still apply, except that the deadline for registering to attend or to present oral comments by telephone is now December 11, 2009.
Implementation of Section 5001 of the American Recovery and Reinvestment Act of 2009 for Adjustments to the Third and Fourth Quarters of Fiscal Year 2009 Federal Medical Assistance Percentage Rates for Federal Matching Shares for Medicaid and Title IV-E Foster Care, Adoption Assistance and Guardianship Assistance Programs
Document Number: E9-29248
Type: Notice
Date: 2009-12-08
Agency: Department of Health and Human Services
This notice finalizes the methodology for calculating the higher Federal matching funding that is made available under Section 5001 of the American Recovery and Reinvestment Act of 2009 (ARRA), and provides the final calculation of the adjusted Federal Medical Assistance Percentage (FMAP) rates for the third and fourth quarters of Fiscal Year 2009 (FY09). Section 5001 of the ARRA provides for temporary increases in the FMAP rates to provide fiscal relief to States and to protect and maintain State Medicaid and certain other assistance programs in a period of economic downturn. The increased FMAP rates apply during a recession adjustment period that is defined as the period beginning October 1, 2008 and ending December 31, 2010.
Notice of Intent To Grant Exclusive License
Document Number: E9-29247
Type: Notice
Date: 2009-12-08
Agency: Agricultural Research Service, Department of Agriculture
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.
Exempt Discretionary Program Grants (Section 5309) for Urban Circulator Systems
Document Number: E9-29245
Type: Notice
Date: 2009-12-08
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration (FTA) announces the availability of Section 5309 funds for exempt discretionary grants for Urban Circulator Systems which support the Department of Transportation Livability Initiative. The Urban Circulator program will be funded using $130 million in unallocated Discretionary New Starts/Small Starts Program funds, authorized by 49 U.S.C. 5309(a) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. FTA may use additional Section 5309(a) Discretionary funding that becomes available for allocation to further support this initiative.
Section 5309 Bus and Bus Facilities Livability Initiative Program Grants
Document Number: E9-29242
Type: Notice
Date: 2009-12-08
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration (FTA) announces the availability of discretionary Section 5309 Bus and Bus Facilities grant funds in support of the Department of Transportation's Livability Initiative (``Livability Bus Program''). The Livability Bus program will be funded using $150 million in unallocated Discretionary Bus and Bus Facilities Program funds, authorized by 49 U.S.C. 5309(b) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. FTA may use additional Bus and Bus Facilities funding that becomes available for discretionary allocation to further support this initiative.
Fresh Garlic From the People's Republic of China: Preliminary Results of, and Intent To Rescind, in Part, the Antidumping Duty Administrative Review
Document Number: E9-29239
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR), November 1, 2007 through October 31, 2008. This review covers the 19 producers/exporters of the subject merchandise listed in Attachment 1 to this notice. As discussed below, the Department has preliminarily applied total adverse facts available (AFA) to the six mandatory respondents who each failed to cooperate to the best of its ability in this proceeding. The Department also preliminarily finds that eight companies subject to this review failed to demonstrate their eligibility for separate rate status. In addition, the Department preliminarily grants a separate rate to the four companies, which demonstrated their eligibility for separate rate status. For the rates assigned to each of these companies, see the ``Preliminary Results of Review'' section of this notice.
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Results and Rescission in Part of the Antidumping Duty Administrative Review
Document Number: E9-29237
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, International Trade Administration
In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on circular welded non-alloy steel pipe (``CWP'') from the Republic of Korea (``Korea''). The period of review (``POR'') is November 1, 2007, through October 31, 2008. This review covers multiple exporters/producers, one of which is being individually reviewed as a mandatory respondent. We preliminarily determine the mandatory respondent made sales of the subject merchandise at prices below normal value (``NV''). We have assigned the remaining respondents the margin calculated for the mandatory respondent. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results.
Notice of Record of Decision
Document Number: E9-29229
Type: Notice
Date: 2009-12-08
Agency: National Science Foundation, Agencies and Commissions
On December 3, 2009, the National Science Foundation (NSF) issued a Record of Decision (ROD) approving the funding for the construction of the Advanced Technology Solar Telescope (ATST) Project at the Preferred Mees site located within the Haleakala High Altitude Observatory on the Island of Maui, Hawai`i. The decision to fund the ATST is in response to a construction proposal submitted by the National Solar Observatory in 2004. The ATST is founded on one of NSF's fundamental missions, which is to support the scientific community's objectives to achieve unprecedented progress in solar observation. Although major adverse environmental impacts will result, the construction of the ATST at the Preferred Mees site represents an opportunity to implement a critical and unique astronomical resource that is expected to be useful and innovative for several decades to come. Increasing our understanding of the Sun and its ability to affect life on Earth will go a long way toward helping us predict certain
Draft Tropic to Hatch 138 kV Transmission Line Project Environmental Impact Statement and Draft Grand Staircase-Escalante National Monument Management Plan Amendment
Document Number: E9-29227
Type: Notice
Date: 2009-12-08
Agency: Department of Agriculture, Forest Service
In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Forest Service (FS), with the Bureau of Land Management (BLM) and National Park Service (NPS) as cooperating agencies, has prepared a Draft Environmental Impact Statement (DEIS) for the Tropic to Hatch 138 kV Transmission Line Project and a Draft Resource Management Plan Amendment (DRMPA) for the Grand Staircase-Escalante National Monument and by this notice is announcing the opening of the comment period.
New Postal Product
Document Number: E9-29224
Type: Notice
Date: 2009-12-08
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recently-filed Postal Service request to add the Canada PostUnited States Postal Service Contractual Bilateral Agreement for Inbound Market Dominant Services to the Market Dominant Product List. The Postal Service has also filed a
Notice of Proposed Individual Exemption Involving Ford Motor Company, Located in Detroit, MI
Document Number: E9-29223
Type: Notice
Date: 2009-12-08
Agency: Employee Benefits Security Administration, Department of Labor
Agency Information Collection Activities: Comment Request
Document Number: E9-29221
Type: Notice
Date: 2009-12-08
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the second notice for public comment; the first was published in the Federal Register at 74 FR 27829, and no comments were received. NSF is forwarding the proposed renewal submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice. The full submission may be found at: https://www.reginfo.gov/public/do/PRAMain. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; or (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms
Proposed Collection; Comment Request
Document Number: E9-29219
Type: Notice
Date: 2009-12-08
Agency: Federal Housing Finance Agency
In accordance with the requirements of the Paperwork Reduction Act of 1995, the Federal Housing Finance Agency (FHFA) is seeking public comments concerning a currently approved information collection known as ``Affordable Housing Program (AHP),'' which has been assigned control number 2590-0007 by the Office of Management and Budget (OMB). FHFA will submit a request to OMB for regular review and approval to renew the information collection for a three-year period. The control number is due to expire on December 31, 2009.
ICLUS SERGoM v3 User's Manual: ArcGIS Tools and Datasets for Modeling U.S. Housing Density Growth
Document Number: E9-29218
Type: Notice
Date: 2009-12-08
Agency: Environmental Protection Agency
EPA is announcing a 30-day public comment period for the draft tool and its documentation titled, ``ICLUS SERGoM v3 User's Manual: ArcGIS Tools and Datasets for Modeling US Housing Density Growth'' (EPA/600/R-09/143). The tool and its documentation were prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. This draft tool and its documentation can be used to vary housing density and other allocation assumptions used to run land use scenarios for the conterminous US. ICLUS stands for Integrated Climate and Land Use Scenarios, a project which is described in the 2009 EPA Report, ``Land- Use Scenarios: Nation-Scale Housing-Density Scenarios Consistent with Climate Change Storylines.'' These scenarios are broadly consistent with global-scale, peer-reviewed storylines of population growth and economic development, which are used by climate change modelers to develop projections of future climate. SERGoM is the Spatially Explicit Growth Model used to allocate housing on the landscape in the GIS environment. This tool and User's Guide enable users to run SERGoM with the population projections developed for the ICLUS project and allow users to modify the spatial allocation of housing density across the landscape.
Establishment of the Calistoga Viticultural Area (2003R-496P)
Document Number: E9-29217
Type: Rule
Date: 2009-12-08
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This Treasury decision establishes the Calistoga viticultural area in Napa County, California. The viticultural area is entirely within the existing Napa Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Agency Information Collection Activities OMB Responses
Document Number: E9-29215
Type: Notice
Date: 2009-12-08
Agency: Environmental Protection Agency
This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to Frederick County, MD
Document Number: E9-29214
Type: Notice
Date: 2009-12-08
Agency: Environmental Protection Agency
The Regional Administrator of EPA Region III is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to Frederick County for the purchase of a Membrane Bioreactor (MBR) system, at the Ballenger McKinney Enhanced Nutrient Removal Wastewater Treatment Plant (WWTP) expansion. Frederick County indicates that the MBR treatment process is necessary to achieve the wastewater treatment levels required by the National Pollutant Discharge Elimination System (NPDES) permit issued for this WWTP. The MBR system under consideration is manufactured by a company located in Canada and no United States manufacturer produces an alternative that meets Frederick County's technical specifications. This is a project specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on the specific project circumstances. The Regional Administrator is making this determination based on the review and recommendations of the EPA Region III, Water Protection Division, Office of Infrastructure and Assistance. Frederick County has provided sufficient documentation to support its request.
Notice of Availability of “Application of Davis-Bacon Act Wage Requirements to Fiscal Year 2010 Clean Water State Revolving Fund and Drinking Water State Revolving Fund Assistance Agreements”
Document Number: E9-29213
Type: Notice
Date: 2009-12-08
Agency: Environmental Protection Agency
The Assistant Administrator for the Office of Water, Environmental Protection Agency, has issued a memo to all EPA Regions giving direction as to the implementation of Davis-Bacon Act requirements included in the Fiscal Year 2010 Appropriations, Public Law 111-88, ``Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes,'' enacted on October 30, 2009.
Anesthetic and Life Support Drugs Advisory Committee; Notice of Meeting
Document Number: E9-29211
Type: Notice
Date: 2009-12-08
Agency: Food and Drug Administration, Department of Health and Human Services
Oncologic Drugs Advisory Committee; Amendment of Notice
Document Number: E9-29208
Type: Notice
Date: 2009-12-08
Agency: Food and Drug Administration, Department of Health and Human Services
Pilot Program for Green Technologies Including Greenhouse Gas Reduction
Document Number: E9-29207
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.
North Carolina Disaster # NC-00022
Document Number: E9-29206
Type: Notice
Date: 2009-12-08
Agency: Small Business Administration, Agencies and Commissions
This is a notice of an Administrative declaration of a disaster for the State of North Carolina dated 12/02/2009.
Cedric Fernando, M.D.; Confirmatory Order (Effective Immediately)
Document Number: E9-29201
Type: Notice
Date: 2009-12-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
In the Matter of Cedric Fernando, M.D.; Confirmatory Order (Effective Immediately)
Document Number: E9-29200
Type: Notice
Date: 2009-12-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
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