April 6, 2010 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes establishing a temporary safety zone on the navigable waters of the San Diego Bay in support of the Big Bay July Fourth Show to Benefit the San Diego Armed Services YMCA. This temporary safety zone is necessary to provide for the safety of crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port or his designated representative.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 5, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hewlett-Packard Company of Palo Alto, California. A letter supplementing the complaint was filed on March 26, 2010. 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 inkjet ink cartridges with printheads and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,234,598; 6,309,053; 6,398,347; 6,412,917; 6,481,817; and 6,402,279. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Intertek USA, Inc., 78 Pleasant Ave., South Portland, ME 04106, has been approved to gauge and accredited to test petroleum and petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://cbp.gov/xp/cgov/import/operationssupport/labs scientificsvcs/commercialgaugers/.

The Board has approved the second quarter 2010 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The second quarter 2010 RCAF (Unadjusted) is 1.060. The second quarter 2010 RCAF (Adjusted) is 0.477. The second quarter 2010 RCAF-5 is 0.452. As part of its March 30, 2010 submission, AAR asks the Board to ``correct the productivity calculation for the period 2003-2007,'' and requests that the Board recalculate earlier RCAF (Adjusted) and RCAF-5 values that were determined with the 2003-2007 productivity adjustment factor. AAR's additional request will be considered in a separate proceeding.

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.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's initial determination (``ID'') (Order No. 6) granting complainants' motion to amend the complaint and notice of investigation.

The Food and Drug Administration (FDA) has determined the regulatory review period for FANAPT and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the mountain whitefish (Prosopium williamsoni) in the Big Lost River, Idaho, as endangered or threatened under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that the mountain whitefish in the Big Lost River does not constitute a listable entity under the Act and, therefore, listing is not warranted. However, we ask the public to continue to submit to us any new information that becomes available concerning the taxonomy, biology, ecology, and status of the mountain whitefish in the Big Lost River, and to support cooperative conservation of mountain whitefish within its historical range in the Big Lost River.

The Consumer Product Safety Commission (CPSC) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The Resource Conservation and Recovery Act, as amended, (RCRA), allows the Environmental Protection Agency (EPA) to authorize State hazardous waste programs if EPA finds that such programs are equivalent to and consistent with the Federal RCRA program and if such programs provide adequate enforcement of compliance. The regulations are used by EPA to codify its decision to authorize individual State programs and incorporate by reference those provisions of the State statutes and regulations that are subject to EPA's RCRA inspection and enforcement authorities as authorized provisions of the State's program. This direct final rule revises the codification of the authorized Idaho hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comments on a proposed procedure for a Patents Ombudsman Pilot Program. The majority of the written comments from the patent community were positive and supported the implementation of such a program. After considering the written comments, the USPTO has decided to implement the Patents Ombudsman Pilot Program as set forth in this notice for a period of one year. The Patents Ombudsman Pilot Program is intended to provide patent applicants, attorneys and agents with assistance with application- processing issues regarding concerns with advancement of prosecution (e.g., stalled applications). The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicants' representatives and examiners or Supervisory Patent Examiners, and it is not intended to supersede the authority of the examiners or Supervisory Patent Examiners. After the one-year period, the USPTO may extend the pilot program with appropriate modifications based on the feedback from the participants, the effectiveness of the pilot program and the availability of resources.

This final rule implements the statutory change to section 404(e) of the Social Security Act as enacted by the American Recovery and Reinvestment Act of 2009. This change allows States, Tribes and Territories to use Temporary Assistance for Needy Families (TANF) program funds carried over from a prior year for any allowable TANF benefit, service or activity. Previously these funds could be used only to provide assistance. This final rule applies to States, local governments, and Tribes that administer the TANF program.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393 & Pub. L. 110-343) the Lolo and Kootenai National Forests' Sanders County Resource Advisory Committee will meet on April 29 at 7 p.m. in Thompson Falls, Montana for a business meeting. The meeting is open to the public.

The inventions listed below are those in which the United States Government as represented by the Secretary of the Navy has an ownership interest and are made available for licensing by the Department of the Navy. U.S. Patent Application Ser. No. 12/383,086 entitled ``System and method for controlling the power output of an internal combustion engine'' filed on April 13, 2009; U.S. Patent Application Ser. No. 12/383,082 entitled ``Submarine mast antenna controller'' filed on March 13, 2009; U.S. Patent Application Ser. No. 12/454,483 entitled ``Head window potting fixture method'' filed on April 30, 2009; U.S. Patent Application Ser. No. 12/383,080 entitled ``Multi-element patch antenna and method'' filed on March 13, 2009; U.S. Patent Application Ser. No. 12/313,789 entitled ``A low-cost energy-efficient amplitude phase-frequency modulator for low power wired and wireless command, control and communication'' filed on November 24, 2008; U.S. Patent Application Ser. No. 12/322,959 entitled ``An energy efficient method for changing the voltage of a DC source to another voltage in order to supply a load that requires a different voltage'' filed on January 26, 2009; U.S. Patent Application Ser. No. 12/714,629 entitled ``Uniformly distributed lead zirconate titanate strain sensor'' filed on March 1, 2010; U.S. Patent Application Ser. No. 12/462,938 entitled ``Three-dimensional tactical display and method for visualizing data with a probability of uncertainty'' filed on August 3, 2009; U.S. Patent Application Ser. No. 12/131,472 entitled ``Remote blood pressure sensing method and apparatus'' filed on June 2, 2008; U.S. Provisional Patent Application Ser. No. 61/255,258 entitled ``Non-contact system and method for monitoring a physiological condition'' filed on October 27, 2009; U.S. Patent Application Ser. No. 12/460,178 entitled ``Disposable chemical sensor for building collapse investigation'' filed on July 10, 2009; U.S. Patent Application Ser. No. 12/701,909 entitled ``Laser-based method for docking an unmanned underwater vehicle to a submarine'' filed on February 8, 2010; U.S. Patent Application Ser. No. 12/566,841 entitled ``Thermal wick cooling for vibroacoustic transducers'' filed on September 25, 2009; U.S. Patent Application Ser. No. 12/560,528 entitled ``Acoustic shotgun system'' filed on September 16, 2009; U.S. Patent Application Ser. No. 12/383,433 entitled ``Underwater acoustic tracer system'' filed on April 13, 2009; U.S. Patent Application Ser. No. 12/386,185 entitled ``Deployment system for fiber optic line sensors'' filed on March 27, 2009; U.S. Patent Application Ser. No. 12/386,182 entitled ``Method and system for interface detection'' filed on March 27, 2009; U.S. Patent Application Ser. No. 12/701,007 entitled ``Cable fairing attachment'' filed on February 5, 2010; U.S. Patent Application Ser. No. 12/383,088 entitled ``Shape-control actuated nose shell for multiple speed undersea vehicles'' filed on April 13, 2009; U.S. Patent Application Ser. No. 12/683,687 entitled ``Acoustically focused optical lens'' filed on January 5, 2010; U.S. Patent Application Ser. No. 12/566,852 entitled ``Method for displaying intersections and expansions of three dimensional volumes'' filed on September 25, 2009; U.S. Patent Application Ser. No. 12/700,987 entitled ``Particle characterization via the doppler distribution'' filed on February 5, 2010; U.S. Patent Application Ser. No. 12/587,331 entitled ``Rigid inflatable bridge'' filed on May 17, 2006; U.S. Patent Application Ser. No. 12/454,494 entitled ``Towed array deployment system for unmanned surface vehicle'' filed on April 30, 2009; U.S. Patent Application Ser. No. 12/562,542 entitled ``Biologically-inspired control of stator wakes for blade rate signature reduction'' filed on September 18, 2009; U.S. Patent Application Ser. No. 12/560,523 entitled ``Water entry system'' filed on September 16, 2009; U.S. Patent Application Ser. No. 12/587,327 entitled ``Subsurface deployable antenna array'' filed on September 25, 2009; U.S. Patent Application Ser. No. 12/646,281 entitled ``Supercavitating launch system and method'' filed on December 23, 2009; U.S. Patent Application Ser. No. 12/646,318 entitled ``Supercavitating projectile tracking system and method'' filed on December 23, 2009; U.S. Patent Application Ser. No. 12/699,176 entitled ``A towed acoustic source'' filed on February 3, 2010; U.S. Patent Application Ser. No. 12/462,061 entitled ``Cooling acoustic transducers with heat pipes'' filed on July 30, 2009; U.S. Patent Application Ser. No. 12/699,185 entitled ``Tow body position measurement method and system'' filed on February 3, 2010; U.S. Patent Application Ser. No. 12/383,085 entitled ``Low cost inertial measurement unit isolation mount'' filed on April 13, 2009; U.S. Patent Application Ser. No. 12/ 460,907 entitled ``Membrane pump for synthetic muscle actuation'' filed on September 28, 2009; U.S. Patent Application Ser. No. 12/383,081 entitled ``Telescoping cavitator'' filed on April 13, 2009; U.S. Patent Application Ser. No. 12/587,330 entitled ``Deployable and inflatable hybrid fendering apparatus'' filed on September 25, 2009; U.S. Patent Application Ser. No. 12/460,908 entitled ``Electronic equipment rack'' filed on September 28, 2009; U.S. Patent Application Ser. No. 12/ 383,084 entitled ``Secondary interference mitigation for fiber optic array'' filed on March 4, 2009; U.S. Patent Application Ser. No. 12/ 291,048 entitled ``Acceleration strain transducer with increased sensitivity'' filed on September 22, 2009; U.S. Patent Application Ser. No. 12/702,529 entitled ``Low noise compensator for fiber-optic interferometric sensor systems'' filed on February 9, 2010; U.S. Patent Application Ser. No. 12/683,503 entitled ``A method and apparatus for underwater environmental energy transfer with a long lead zirconate titanate transducer'' filed on January 5, 2010; U.S. Patent Application Ser. No. 12/462,106 entitled ``Bentitled ``ow riding unmanned water- borne vehicle'' filed on July 30, 2009; U.S. Patent Application Ser. No. 12/560,786 entitled ``Fuel reformer integration with carbon dioxide scrubbers'' filed on September 16, 2009; U.S. Patent Application Ser. No. 12/587,332 entitled ``An autonomous hydrophone position locating and target tracking system'' filed on September 30, 2009; U.S. Patent Application Ser. No. 12/ 587,323 entitled ``Power conditioner for microbial fuel cells'' filed on September 30, 2009; U.S. Patent Application Ser. No. 12/730,398 entitled ``Outboard optical cable sensor system and method'' filed on March 24, 2010; U.S. Patent Application Ser. No. 12/651,559 entitled ``A method to generate propulsor side forces'' filed on January 4, 2010; U.S. Patent Application Ser. No. 12/291,053 entitled ``Fiber optic accelerometer mandrel with shear prevention'' filed on July 2, 2009; U.S. Patent Application Ser. No. 12/536,157 entitled ``Class- specific iterated subspace classifier'' filed on August 5, 2009; U.S. Patent Application Ser. No. 12/322,960 entitled ``A multi-resolution hidden markov model using class-specific features'' filed on January 29, 2009; U.S. Patent Application Ser. No. 12/380,863 entitled ``Crimp imbalanced protective fabric'' filed on March 4, 2009; U.S. Patent Application Ser. No. 12/728,451 entitled ``Tsunami detection system'' filed on March 22, 2010; U.S. Patent Application Ser. No. 12/587,328 entitled ``Parallel plate antenna'' filed on September 30, 2009; U.S. Patent Application Ser. No. 12/587,329 entitled ``Compact and stand- alone combined multi-axial and shear test apparatus'' filed on September 25, 2009; U.S. Patent Application Ser. No. 12/693,708 entitled ``Battery electrolyte-level detector apparatus'' filed on January 26, 2010; U.S. Patent Application Ser. No. 12/460,909 entitled ``A method for mitigating spatial aliasing'' filed on October 15, 2009; U.S. Patent Application Ser. No. 12/386,183 entitled ``A method for determining a concentration of hydrogen peroxide'' filed on April 10, 2009; U.S. Patent Application Ser. No. 12/386,184 entitled ``A method of making a bipolar electrode'' filed on April 10, 2009; U.S. Patent Application Ser. No. 12/462,659 entitled ``Material with improved adhesion surface'' filed on August 6, 2009.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for the Hopper Mountain, Bitter Creek, and Blue Ridge National Wildlife Refuges (NWRs) located in Kern, San Luis Obispo, Tulare, and Ventura counties of California. We provide this notice in compliance with our CCP policy to advise other Federal, State, and local agencies; Tribes; and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.

This final rule revises the Mine Safety and Health Administration's (MSHA's) electrical safety standards for the installation, use, and maintenance of high-voltage continuous mining machines in underground coal mines. It also revises MSHA's design requirements for approval of these mining machines. The final rule will allow mine operators to use high-voltage continuous mining machines with enhanced safety protection against fires, explosions, and shock hazards and will facilitate the use of advanced equipment designs.

We, the U.S. Fish and Wildlife Service (Service/USFWS), designate critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,933 acres (ac) (782 hectares (ha)) located in Lancaster and Saunders Counties, Nebraska, fall within the boundaries of the critical habitat designation.