July 12, 2010 – Federal Register Recent Federal Regulation Documents
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Proposed Finding Against Federal Acknowledgment of the Choctaw Nation of Florida Tribe
Pursuant to 25 CFR 83.10(e), notice is hereby given that the Assistant SecretaryIndian Affairs (AS-IA) proposes to decline to acknowledge that the group known as the ``Choctaw Nation of Florida'' (CNF), Petitioner 288, c/o Mr. Alfonso James, Jr., Post Office Box 6322, Marianna, Florida, 32447, is an Indian tribe within the meaning of Federal law. This notice is based on an investigation that determined that the petitioner does not meet one of the seven mandatory criteria set forth in 25 CFR Part 83.7, specifically criterion 83.7(e), and therefore does not meet the requirements for a government-to- government relationship with the United States.
National Institute on Disability and Rehabilitation Research (NIDRR)-Disability and Rehabilitation Research Projects and Centers Program-Disability Rehabilitation Research Project (DRRP)-Center on Knowledge Translation (KT) for Employment Research (Center)
The Assistant Secretary for Special Education and Rehabilitative Services announces a priority for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice announces a priority for a DRRP to serve as the Center on Knowledge Translation (KT) for Employment Research (Center). The Assistant Secretary may use this priority for a competition in fiscal year (FY) 2010 and later years. We take this action to focus research attention on areas of national need. We intend this priority to improve rehabilitation services and outcomes for individuals with disabilities.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment 1 for the South Atlantic Region; Correction
This document contains a correction to the final rule to implement Comprehensive Ecosystem-Based Amendment 1 for the South Atlantic region that published in the Federal Register Tuesday, June 22, 2010.
Listing Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petitions to List the Porbeagle Shark under the Endangered Species Act
We, NMFS, announce a 90-day finding for two petitions to list porbeagle sharks (Lamna nasus) under the Endangered Species Act (ESA). We find that neither petition presents substantial scientific information indicating the petitioned actions may be warranted. Accordingly, we will not initiate a status review of the species at this time.
Sixth Meeting-Special Committee 222: Inmarsat Aeronautical Mobile Satellite (Route) Services
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 222: Inmarsat Aeronautical Mobile Satellite (Route) Services.
Meeting of Energy Services Companies and the Federal Energy Management Program
This notice announces a public meeting of the Federal Energy Management Program (FEMP) within the Office of Energy Efficiency and Renewable Energy on the use of high-end technologies in energy savings performance contracts.
Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes
This proposed rule would revise and expand current Medicare and Medicaid regulations regarding the imposition and collection of civil money penalties by CMS when nursing homes are not in compliance with Federal participation requirements in accordance with the Patient Protection and Affordable Care Act of 2010.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice proposing to revise the system of records notice for the Hotline Complaint Files of the Inspector General (18-10-04), 64 FR 30157-59 (June 4, 1999). The Department proposes to amend this system of records notice by: (1) Adding that a purpose of the system is to report on complaints and allegations related to American Recovery and Reinvestment Act of 2009 (ARRA) funds to the Recovery Accountability and Transparency Board (RATB) as established by the ARRA (Pub. L. 111- 5); (2) adding a new routine use to allow the disclosure of ARRA- related complaints and allegations to the RATB; (3) adding a new routine use to allow for disclosure of information in connection with response and remedial efforts in the event of a data breach in accordance with Office of Management and Budget (OMB) requirements in M-07-16 (May 22, 2007); (4) revising the routine use ``Disclosure to Public and Private Sources in Connection with the Higher Education Act of 1965, as amended (HEA)'' to allow the disclosure of information to an educational institution or a school that is or was a party to an agreement with the Secretary of Education pursuant to the HEA; and (5)
Use of One Additional Portable Oxygen Concentrator Device on Board Aircraft
This action amends Special Federal Aviation Regulation 106 (SFAR 106), Rules for Use of Portable Oxygen Concentrator Systems on Board Aircraft, to allow for the use of one additional portable oxygen concentrator (POC) device on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA for use in air commerce to be available to the traveling public in need of oxygen therapy. When this rule becomes effective, there will be 12 different POC devices the FAA finds acceptable for use on board aircraft. Passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on April 16, 2010, and comments were due by June 15, 2010. No comments were received.
Marine Mammals; File No. 14791
Notice is hereby given that Douglas Nowacek, Ph.D., Duke University Marine Lab, Beaufort, NC, 28516, has been issued a permit to conduct research on North Atlantic right whales (Eubalaena glacialis).
Marine Mammals; File No. 14534
Notice is hereby given that NOAA Office of Science and Technology, Silver Spring, MD (Responsible Party: Ned Cyr, Director) has been issued a permit to conduct research on marine mammals in the North Pacific Ocean.
FOIA Fee Schedule Update
The Defense Nuclear Facilities Safety Board is publishing its Freedom of Information Act (FOIA) Fee Schedule Update pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations.
Petition Requesting Revision of Bunk Bed Standard To Incorporate Requirements for Head and Neck Entrapment Testing in Spaces Created by Side Structures, Including Ladders
The Consumer Product Safety Commission (``Commission,'' ``CPSC,'' or ``we'') received a petition requesting the Commission to initiate a rulemaking to revise the Commission's regulations regarding bunk beds, codified under both the Consumer Product Safety Act (``CPSA'') and the Federal Hazardous Substances Act (``FHSA'') at 16 CFR 1213, 1500, and 1513 (the ``Bunk Bed Standard''), to incorporate requirements for head and neck entrapment testing in spaces created by side structures that are provided with a bunk bed, including ladders. The Commission invites written comments concerning this petition to initiate a rulemaking to revise the Bunk Bed Standard.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for northern rockfish by catcher/processors participating in the limited access or opt-out fisheries that are subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the Western Regulatory Area of the GOA. This action is necessary to prevent exceeding the 2010 sideboard limit of northern rockfish established for catcher/processors participating in the limited access or opt-out fisheries in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for pelagic shelf rockfish by catcher/processors participating in the limited access or opt-out fisheries that are subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the Western Regulatory Area of the GOA. This action is necessary to prevent exceeding the 2010 sideboard limits of pelagic shelf rockfish established for catcher/processors participating in the limited access or opt-out fisheries in the Western Regulatory Area of the GOA.
Stainless Steel Bar From Brazil: Final Results of Antidumping Duty Administrative Review
On March 16, 2010, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on certain stainless steel bar from Brazil. The review covers one producer/exporter of the subject merchandise, Villares Metals S.A. (VMSA). The period of review (POR) is February 1, 2008, through January 31, 2009. We gave interested parties an opportunity to comment on our preliminary results. We received one comment. The final weighted-average dumping margin for VMSA is listed below in the ``Final Results of Review'' section of this notice.
Notice of Temporary Closures on Public Lands in Northwestern Elko County, NV
Notice is hereby given that temporary closures to public access, use, and occupancy will be in effect for the dates and times specified in this Notice on public lands administered by the Bureau of Land Management (BLM), Tuscarora Field Office, Elko, Nevada within the Owyhee, Rock Creek, and Little Humboldt Wild Horse Herd Management Areas (HMAs) in the northwestern portion of Elko County, Nevada.
Culturally Significant Objects Imported for Exhibition Determinations: “Arcimboldo (1526-1593): Nature and Fantasy”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Arcimboldo (1526-1593): Nature and Fantasy,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the National Gallery of Art, Washington, DC, from on or about September 19, 2010, until on or about January 9, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.
Clean Water Act Section 312(b): Notice Seeking Stakeholder Input on Petition and Other Request To Revise the Performance Standards for Marine Sanitation Devices
This action notifies the public that the Environmental Protection Agency (EPA or ``the Agency'') has received a petition for rulemaking from Friends of the Earth (FOE) and another separate request for rulemaking under section 312 of the Clean Water Act (CWA). In general these rulemaking-related requests ask EPA to revise its regulations establishing performance standards for vessel sewage treatment devices under the CWA. The rulemaking petition from FOE also requests that EPA establish monitoring, recordkeeping and reporting requirements under the CWA to ensure compliance with the performance standards. EPA has not made a decision on whether to grant or deny the rulemaking requests, nor is the Agency proposing any changes to the performance standards or other provisions of its regulations at this time. Rather, the purpose of today's Notice is simply to make the public aware of the issues raised in the requests for rulemaking and to obtain the public's input, in the form of comment and relevant information, to help EPA determine appropriate action in response to each of these requests. In particular, EPA seeks input regarding: The universe of vessels operating on navigable waters that use sewage treatment devices; technical information on the performance, effectiveness and costs of vessel sewage treatment devices, including performance testing data; suggestions on what, if any, changes to the performance standards might be appropriate; and information on monitoring, recordkeeping and reporting approaches for vessel sewage discharges.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Boat Manufacturing (40 CFR Part 63, Subpart VVVV) (Renewal), EPA ICR Number 1966.04, OMB Control Number 2060-0546
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Announcement To Extend the Recommended Determination Preparation Period for the Spruce No. 1 Surface Mine, Logan County, West Virginia
EPA's regulations require that the Regional Administrator either withdraw the Spruce No. 1 Proposed Determination or prepare a Recommended Determination within 30 days after the conclusion of the public hearing (40 CFR 231.5(a)). However, in order to allow full consideration of the extensive record, including over 4000 public comments we received, EPA finds there is good cause to extend the time period provided in 40 CFR 231.5(a) until September 24, 2010. This time extension was made under authority of 40 CFR 231.8, which allows for such extensions upon a showing of good cause.
Notice of Availability of Final Environmental Impact Statement for the Proposed Rio del Oro Specific Plan Project, in Sacramento County, CA, Corps Permit Application number SPK-1999-00590
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District has prepared a Final Environmental Impact Statement (FEIS) for the Rio del Oro Specific Plan Project, a proposed master-planned, mixed use development within south-eastern Sacramento County.
Availability for Non-Exclusive or Partially Exclusive Licensing of a U.S. Patent Application
Announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application Serial No. 11/727,486, entitled ``Artificial Invaplex,'' filed March 27, 2007. Foreign rights are also available for licensing (PCT/US2007/007482). The United States Government, as represented by the Secretary of the Army, has rights to this invention.
Availability for Non-Exclusive or Partially Exclusive Licensing of a U.S. Patent Application
Announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application Serial No. 12/149,076, entitled ``Combinations of Gene Deletions for Live Attenuated Shigella Vaccine Strains,'' filed April 25, 2008. Foreign rights are also available for licensing (PCT/US2008/005342). The United States Government, as represented by the Secretary of the Army, has rights to this invention.
Availability for Non-Exclusive or Partially Exclusive Licensing of a U.S. Patent Application
Announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application Serial No. 11/132,199, entitled ``Construction of Live Attenuated Shigella Vaccine Strains that Express CFA/I Antigens (CFAB and CFAE) and the B Subunit of Heat- Labile Enterotoxin (LTB) From Enterotoxigenic E. Coli,'' filed May 19, 2005. The United States Government, as represented by the Secretary of the Army, has rights to this invention.
Extension of Deadline for Action on Section 126 Petition From New Jersey
The EPA is extending by 6 months the deadline for EPA to take action on a petition submitted by the New Jersey Department of Environmental Protection (NJDEP). The petition requests that EPA make a finding under the Clean Air Act (CAA) that the coal-fired Portland Generating Station in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the provisions of the CAA. Under the CAA, EPA is authorized to grant a time extension for responding to the petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA's rulemaking requirements. By this action, EPA is making that determination.
Availability for Non-Exclusive or Partially Exclusive Licensing of a U.S. Patent Application
Announcement is made of the availability for licensing of the invention set forth in U.S. Patent 7,632,659, which issued on December 15, 2009, entitled ``Use of Shigella Invaplex to Transport Functional Proteins and Transcriptionally Active Nucleic Acids Across Mammalian Cell Membranes In Vitro and In Vivo,'' and U.S. Patent Application Serial No. 12/563,794, entitled ``Use of Shigella Invaplex to Transport Functional Proteins and Transcriptionally Active Nucleic Acids Across Mammalian Cell Membranes In Vitro and In Vivo,'' filed September 21, 2009. U.S. Patent Application Serial No. 12/563,794 is a continuation application of U.S. Patent 7,632,659. Foreign rights are also available for licensing (PCT/US2004/039100). The United States Government, as represented by the Secretary of the Army, has rights to this invention.
Intent To Grant a Field of Use Exclusive License of a U.S. Government-Owned Patent Application
In accordance with 35 U.S.C. 209(e), and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant a field of use exclusive, revocable license for the field of shigella vaccine development to U.S. Patent Application No. 11/727,486 entitled ``Artificial Invaplex,'' filed March 27, 2007, and related foreign patent applications (PCT/US2007,007482) to Sanofi Pasteur S.A., with its principal place of business at 2 Avenue du Pont Pasteur, 69007 Lyon, France.
Sterigenics International, Inc.; Withdrawal of Food Additive Petition
The Food and Drug Administration (FDA) is announcing the withdrawal, without prejudice to a future filing, of a food additive petition (FAP 3M4744) proposing that the food additive regulations be amended to provide for the safe use of ionizing radiation in the production of shelf stable foods, including multiple ingredient shelf stable foods.
Tribal Economic Development Bonds
The Department of the Treasury (``Treasury'') seeks comments from Indian Tribal Governments regarding the Tribal Economic Development Bond provision in Section 7871(f) of the Internal Revenue Code. The purpose of this solicitation of comments is to assist Treasury in developing recommendations regarding this bond provision for a Congressionally-directed study under the American Recovery and Reinvestment Act of 2009. This solicitation of comments is in furtherance of the objectives of Executive Order 13175 under which Treasury consults with tribal officials in the development of Federal policies that have tribal implications, to reinforce the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes. Additional comments from the general public related to this matter are also welcome.
Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights (Part 133 of the Customs Regulations). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (75 FR 24731) on May 5, 2010, allowing for a 60-day comment period. One comment was received. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
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