No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee-Notice of Meeting, 59672-59673 [2010-24107]
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59672
Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Law 104–4). Executive Order 12866
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The Agency
believes that this proposed rule is not a
significant regulatory action as defined
by the Executive order.
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because the changes to the
guidance are minimal, the Agency
proposes to certify that the final rule
will not have a significant economic
impact on a substantial number of small
entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $135
million, using the most current (2009)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this proposed rule to result in any 1year expenditure that would meet or
exceed this amount.
The changes to the guidance include
adding specific recommendations on
appropriate comparators for tests for
antibodies and antigens, as well as
recommendations for sample selection
inclusion and exclusion criteria to
define the target populations for HSV 1
and HSV 2 serological assays. These
recommended changes would increase
the usefulness of the guidance while
imposing a minimal burden.
IX. Federalism
FDA has analyzed this proposed rule
in accordance with the principles set
forth in Executive Order 13132. Section
4(a) of the Executive order requires
agencies to ‘‘construe * * * a Federal
statute to preempt State law only where
the statute contains an express
preemption provision or there is some
other clear evidence that the Congress
intended preemption of State law, or
where the exercise of State authority
conflicts with the exercise of Federal
authority under the Federal statute.’’
Federal law includes an express
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preemption provision that preempts
certain state requirements ‘‘different
from or in addition to’’ certain Federal
requirements applicable to devices. (See
section 521 of the FD&C Act (21 U.S.C.
360k); Medtronic v. Lohr 518 U.S. 470
(1996); and Riegel v. Medtronic, 128 S.
Ct. 999 (2008)). If this proposed rule is
made final, the special controls
established by the final rule would
create ‘‘requirements’’ for specific
medical devices under 21 U.S.C. 360k,
even though product sponsors have
some flexibility in how they meet those
requirements (see Papike v. Tambrands,
Inc., 107 F.3d 737, 740–742 (9th Cir.
1997)).
X. Paperwork Reduction Act of 1995
FDA tentatively concludes that this
proposed rule contains no new
collections of information. Therefore,
clearance by OMB under the Paperwork
Reduction Act of 1995 (the PRA) (44
U.S.C. 3501–3520) is not required.
This proposed rule designates a
revised guidance document as a special
control. FDA also tentatively concludes
that the revised draft special control
guidance document does not contain
new information collection provisions
that are subject to review and clearance
by OMB under the PRA. Elsewhere in
this issue of the Federal Register, FDA
is publishing a notice announcing the
availability of that revised draft
guidance document entitled ‘‘Class II
Special Controls Guidance Document:
Herpes Simplex Virus Types 1 and 2
Serological Assays,’’ which contains an
analysis of the paperwork burden for the
draft guidance.
XI. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
1. The authority citation for 21 CFR
part 866 continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Revise § 866.3305 to read as
follows:
§ 866.3305 Herpes simplex virus
serological assays.
(a) Identification. Herpes simplex
virus serological assays are devices that
consist of antigens and antisera used in
various serological tests to identify
antibodies to herpes simplex virus in
serum. Additionally, some of the assays
consist of herpes simplex virus antisera
conjugated with a fluorescent dye
(immunofluorescent assays) used to
identify herpes simplex virus directly
from clinical specimens or tissue
culture isolates derived from clinical
specimens. The identification aids in
the diagnosis of diseases caused by
herpes simplex viruses and provides
epidemiological information on these
diseases. Herpes simplex viral
infections range from common and mild
lesions of the skin and mucous
membranes to a severe form of
encephalitis (inflammation of the brain).
Neonatal herpes virus infections range
from a mild infection to a severe
generalized disease with a fatal
outcome.
(b) Classification. Class II (special
controls). The device is classified as
class II (special controls). The special
control for the device is FDA’s revised
guidance document entitled ‘‘Class II
Special Controls Guidance Document:
Herpes Simplex Virus Types 1 and 2
Serological Assays.’’ For availability of
the revised guidance document, see
§ 866.1(e).
Dated: September 16, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–23639 Filed 9–27–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
List of Subjects in 21 CFR Part 866
25 CFR Chapter I
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 866 be amended as follows:
No Child Left Behind School Facilities
and Construction Negotiated
Rulemaking Committee—Notice of
Meeting
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AGENCY:
Bureau of Indian Affairs,
Interior.
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Proposed Rules
Negotiated Rulemaking
Committee meeting.
ACTION:
In accordance with the
Federal Advisory Committee Act, the
Bureau of Indian Affairs is announcing
that the No Child Left Behind School
Facilities and Construction Negotiated
Rulemaking Committee will hold its
fourth meeting in Bloomington,
Minnesota. The purpose of the meeting
is to continue working on reports and
recommendations to Congress and the
Secretary as required under the No
Child Left Behind Act of 2001.
DATES: The Committee’s fourth meeting
will begin at 8 a.m. on October 12, 2010,
and end at 12:30 p.m. on October 15,
2010.
ADDRESSES: The meeting will be held at
the Ramada Mall of America Hotel, 2300
East American Boulevard, Bloomington,
Minnesota 55425.
FOR FURTHER INFORMATION CONTACT: The
Designated Federal Official, Michele F.
Singer, Director, Office of Regulatory
Affairs and Collaborative Action, Office
of the Assistant Secretary—Indian
Affairs, 1001 Indian School Road, NW.,
Suite 312, Albuquerque, NM 87104;
telephone (505) 563–3805; fax (505)
563–3811.
SUPPLEMENTARY INFORMATION: The No
Child Left Behind School Facilities and
Construction Negotiated Rulemaking
Committee was established to prepare
and submit to the Secretary a catalog of
the conditions at Bureau-funded
schools, and to prepare reports covering:
The school replacement and new
construction needs at Bureau-funded
school facilities; a formula for the
equitable distribution of funds to
address those needs; a list of major and
minor renovation needs at those
facilities; and a formula for equitable
distribution of funds to address those
needs. The reports are to be submitted
to Congress and to the Secretary. The
Committee also expects to draft
proposed regulations covering
construction standards for heating,
lighting, and cooling in home-living
(dormitory) situations.
The following items will be on the
agenda:
• Review and approve July 2010
meeting summary;
• General update from September
group meeting and progress made;
• Discussion of workgroup drafts,
including a section-by-section analysis
and organization of content;
• Drafting of full report;
• Planning for January 2011 meeting;
and
• Public comments.
Written comments may be sent to the
Designated Federal Official listed in the
SUMMARY:
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FOR FURTHER INFORMATION CONTACT
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section above. All meetings are open to
the public; however, transportation,
lodging, and meals are the responsibility
of the participating public.
Dated: September 20, 2010.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
[FR Doc. 2010–24107 Filed 9–27–10; 8:45 am]
BILLING CODE 4310–W7–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 85, 86, and 600
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 575
[EPA–HQ–OAR–2009–0865; FRL–9208–1;
NHTSA–2010–0087]
RIN 2060–AQ09; RIN 2127–AK73
Public Hearing Locations for the
Proposed Fuel Economy Labels
Environmental Protection
Agency (EPA).
ACTION: Notice of public hearings.
AGENCY:
EPA and NHTSA are
announcing the location addresses for
the public hearings to be held for
‘‘Revisions and Additions to Motor
Vehicle Fuel Economy Label,’’
published in the Federal Register on
September 23, 2010. The goal of a
revised label will be to provide
consumers with simple, straightforward
comparisons across all vehicles types,
including electric vehicles (EV), plug-in
hybrid electric vehicles (PHEV), and
conventional gasoline and diesel
vehicles. NHTSA and EPA are
proposing these changes in compliance
with the Energy Independence and
Security Act (EISA) of 2007, which
imposes several new labeling
requirements. Also, the agencies believe
that the current labels can be improved
to help consumers make more informed
vehicle purchase decisions and to
address the entrance of advanced
technology vehicles into the U.S.
market. The new labels are proposed to
be displayed on new vehicles beginning
with the 2012 model year.
DATES: NHTSA and EPA will jointly
hold two public hearings on the
following dates: Thursday, October 14,
2010, in Chicago, Illinois, and
Thursday, October 21, 2010, in Los
Angeles, California. The hearing
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59673
sessions will be from 12 p.m. to 4 p.m.
and 6 p.m. to 10 p.m. local time and
continue until everyone has had a
chance to speak. Note that the times
have changed from those indicated in
the proposed rule.
ADDRESSES: NHTSA and EPA will
jointly hold two public hearings at the
following locations: Wyndham Hotel,
633 North St. Clair St., Chicago, Illinois
60611 on Thursday, October 14, 2010;
and Sheraton Los Angeles Downtown
Hotel, 711 South Hope Street, Los
Angeles, California 90017 on Thursday,
October 21, 2010.
FOR FURTHER INFORMATION CONTACT:
EPA: Lucie Audette, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734–214–
4850; fax number: 734–214–4816; e-mail
address: audette.lucie@epa.gov, or
Assessment and Standards Division
Hotline; telephone number (734) 214–
4636; e-mail address: asdinfo@epa.gov.
NHTSA: Gregory Powell, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
(202) 366–5206; Fax: (202) 493–2990; email address: gregory.powell@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of the public hearings is to
obtain public testimony or comment on
the Agency’s proposed revisions and
additions to the motor vehicle fuel
economy label.1 If you would like to
present testimony at the public
hearings, we ask that you notify the EPA
and NHTSA contact persons listed
under FOR FURTHER INFORMATION
CONTACT at least ten days before the
hearing. Once EPA and NHTSA learn
how many people have registered to
speak at the public hearing, we will
allocate an appropriate amount of time
to each participant, allowing time for
necessary breaks throughout the
hearing. For planning purposes, each
speaker should anticipate speaking for
approximately ten minutes, although we
may need to adjust the time for each
speaker if there is a large turnout. We
suggest that you bring copies of your
statement or other material for the EPA
and NHTSA panels and the audience. It
would also be helpful if you send us a
copy of your statement or other
materials before the hearing. To
accommodate as many speakers as
possible, we prefer that speakers not use
technological aids (e.g., audio-visuals,
computer slideshows). However, if you
1 FR–9197–3; EPA–HQ–OAR–2009–0865;
NHTSA–2010–0087.
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Agencies
[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Proposed Rules]
[Pages 59672-59673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24107]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Chapter I
No Child Left Behind School Facilities and Construction
Negotiated Rulemaking Committee--Notice of Meeting
AGENCY: Bureau of Indian Affairs, Interior.
[[Page 59673]]
ACTION: Negotiated Rulemaking Committee meeting.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Advisory Committee Act, the
Bureau of Indian Affairs is announcing that the No Child Left Behind
School Facilities and Construction Negotiated Rulemaking Committee will
hold its fourth meeting in Bloomington, Minnesota. The purpose of the
meeting is to continue working on reports and recommendations to
Congress and the Secretary as required under the No Child Left Behind
Act of 2001.
DATES: The Committee's fourth meeting will begin at 8 a.m. on October
12, 2010, and end at 12:30 p.m. on October 15, 2010.
ADDRESSES: The meeting will be held at the Ramada Mall of America
Hotel, 2300 East American Boulevard, Bloomington, Minnesota 55425.
FOR FURTHER INFORMATION CONTACT: The Designated Federal Official,
Michele F. Singer, Director, Office of Regulatory Affairs and
Collaborative Action, Office of the Assistant Secretary--Indian
Affairs, 1001 Indian School Road, NW., Suite 312, Albuquerque, NM
87104; telephone (505) 563-3805; fax (505) 563-3811.
SUPPLEMENTARY INFORMATION: The No Child Left Behind School Facilities
and Construction Negotiated Rulemaking Committee was established to
prepare and submit to the Secretary a catalog of the conditions at
Bureau-funded schools, and to prepare reports covering: The school
replacement and new construction needs at Bureau-funded school
facilities; a formula for the equitable distribution of funds to
address those needs; a list of major and minor renovation needs at
those facilities; and a formula for equitable distribution of funds to
address those needs. The reports are to be submitted to Congress and to
the Secretary. The Committee also expects to draft proposed regulations
covering construction standards for heating, lighting, and cooling in
home-living (dormitory) situations.
The following items will be on the agenda:
Review and approve July 2010 meeting summary;
General update from September group meeting and progress
made;
Discussion of workgroup drafts, including a section-by-
section analysis and organization of content;
Drafting of full report;
Planning for January 2011 meeting; and
Public comments.
Written comments may be sent to the Designated Federal Official
listed in the FOR FURTHER INFORMATION CONTACT section above. All
meetings are open to the public; however, transportation, lodging, and
meals are the responsibility of the participating public.
Dated: September 20, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. 2010-24107 Filed 9-27-10; 8:45 am]
BILLING CODE 4310-W7-P