December 9, 2009 – Federal Register Recent Federal Regulation Documents

The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

This notice announces the opening of additional Nixon Presidential Historical Materials by the Richard Nixon Presidential Library and Museum, a division of the National Archives and Records Administration. Notice is hereby given that, in accordance with section 104 of Title I of the Presidential Recordings and Materials Preservation Act (PRMPA, 44 U.S.C. 2111 note) and 1275.42(b) of the PRMPA Regulations implementing the Act (36 CFR Part 1275), the Agency has identified, inventoried, and prepared for public access additional textual materials and sound recordings from among the Nixon Presidential Historical Materials.

The United States Postal Service[supreg] (Postal Service) plans to conduct an ongoing data comparison program to identify any current Postal Service employees who are required by law to register on a public registry of sex offenders. These registries contain information about individuals who are statutorily required to register, having committed offenses of sexual violence against adults or children, certain other crimes against victims who are minors, or other comparable offenses. Under the guidelines created by the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act), the Dru Sjodin National Sex Offender Public Web site (NSOPW) was created and coordinated by the U.S. Department of Justice (DOJ) as a cooperative effort between the agencies hosting public sexual offender registries and the Federal government. The NSOPW is a search tool allowing a user to submit a single national query to obtain information about sex offenders through a number of search options. The Postal Service has procured software that enables it to conduct multiple simultaneous queries of the NSOPW via a secure line to the DOJ NSOPW. The software queries the public registries for each employee and returns a match, if found, to a secured database. No Postal Service employee information is ever shared with the DOJ or stored outside of the Postal Service's control. The Postal Service will compare its payroll database of current employees against public records using the NSOPW search tool. The Postal Service is undertaking this initiative to ascertain the suitability of individuals for certain positions or employment and to protect the integrity of its brand.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for the following projects: (1) Main Street Multi-Modal Access Project, Buffalo, New York; (2) Multi- modal Transit Facility, San Angelo, Texas; (3) East Corridor Project, Denver, Aurora, Adams County, Colorado; (4) Gold Line Corridor Project, Denver, Arvada, Wheat Ridge, Adams County, Jefferson County, Colorado; (5) Lackawanna Cut-off Passenger Rail Service Restoration Project, New Jersey Transit Corporation, New Jersey; (6) Pennsauken Junction Transit Center Park and Ride, Camden County, New Jersey; (7) Second Avenue Subway, modifications to the 72nd Street and 86th Street Station Entrances, New York, New York; (8) 35th Street Commuter Station, Chicago Illinois; (9) Provo Inter-modal Center, Provo City, Utah; (10) Southside Maintenance Facility Replacement Project, Norfolk, Virginia; (11) Knoxville Station Transit Center, Knoxville, Tennessee; and (12) AMTRAN Transit Facility Expansion Project, Altoona, Pennsylvania. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

The Federal Maritime Commission repeals the marine terminal agreements exemption, which exempted such agreements from the Shipping Act's 45-day statutory waiting period, and amends the Commission's regulations to transfer an existing definition of the marine terminal conference agreement to another section. This rule also corrects a typographical error.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The Department of Health and Human Services (HHS) notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644).

This notice announces the Department of Energy's (DOE) intent to allow manufacturers subject to certain certification requirements to remedy deficiencies in their certification submissions and/or to certify covered products. DOE will refrain from initiating an enforcement action for any violations of 10 CFR 430.62 that are remedied prior to 30 days from the date of this Notice.

We, the U.S. Fish and Wildlife Service (Service), have received an application for an enhancement of survival permit for the federally threatened California red-legged frog (Rana aurora draytonii) and federally endangered least Bell's vireo (Vireo bellii pusillus) and southwestern willow flycatcher (Empidonax traillii extimus) under the Endangered Species Act of 1973, as amended (Act), from the Ojai Valley Land Conservancy (Applicant). This permit application includes a proposed safe harbor agreement (Agreement) between the Applicant and the Service. The Agreement and permit application are available for public comment.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 6, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of B & R Plastics, Inc. of Denver, Colorado. 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 foldable stools by reason of infringement of U.S. Patent No. D460,566. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The designations of the official agencies listed below will end on June 30, 2010. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by the following designated agencies: East Indiana Grain Inspection, Inc. (East Indiana); Fremont Grain Inspection Department, Inc. (Fremont); Maryland Department of Agriculture (Maryland); and Titus Grain Inspection, Inc. (Titus).

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 39(l)(1). The actions relate to a proposed highway project, the Interstate 80 Eastbound Truck Scales Relocation Project, in Cordelia in Solano County, State of California. Those actions grant licenses, permits, and approvals for the project.

More than 30 years ago, the Department of State issued to the City of Mission, Texas, a Presidential permit for an international rail and vehicular bridge. To date, the permit remains unused. The Department and other federal agencies are currently evaluating whether to revoke, modify, or retain as written this long-unused permit given the change of circumstances in the project area, development of nearby projects, inaction by the permittee, and apparent lack of interest in pursuing the corresponding projects in Mexico. The review is not a judgment regarding either the need for a new bridge or the merits of Mission's plan, but rather represents a recognition that the project for which this permit was issued has gone unimplemented longer than similar projects and, due to the passage of time, may no longer be viable. The City of Mission provided a project status update, which is included in the SUPPLEMENTARY INFORMATION section below.

More than 12 years ago, the Department of State issued to the Brownsville Navigation District, a Presidential permit for two new international bridges, one for vehicular traffic and one for railroad traffic, between Brownsville, Texas, and Matamoros, Tamaulipas, Mexico. To date, the permit remains unused. The Department and other federal agencies are currently evaluating whether to revoke, modify, or retain as written this long-unused permit given the change of circumstances in the project area, development of nearby projects, inaction by the permittee, and apparent lack of interest in pursuing the corresponding projects in Mexico. The review is not a judgment regarding either the need for a new bridge or the merits of the Brownsville Navigation District's plan, but rather represents a recognition that the project for which this permit was issued has gone unimplemented longer than similar projects and, due to the passage of time, may no longer be viable. The Brownsville Navigation District provided a project status update, which is included in the Supplementary Information section below.

This regulation establishes tolerances for residues of clothianidin in or on multiple commodities which are identified and discussed later in this document. This regulation additionally increases established tolerances in or on cotton, gin byproducts; cotton, undelinted seed and potato, granules/flakes and deletes tolerances in or on several commodities that will be superseded by this action. Valent U.S.A. Corporation, Bayer CropScience and Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

NMFS announces rescission of the prohibition on fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic herring in or from Atlantic herring Management Area 2 (Area 2). The rescission of this prohibition is due to the fact that catch data indicate that 95 percent of the total allowable catch (TAC) threshold in Area 2 has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring in amounts greater than 2,000 lb (907.2 kg) effective 0001 hours, December 10, 2009, until it is determined that the 95- percent quota threshold is projected to be harvested.

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.