November 10, 2010 – Federal Register Recent Federal Regulation Documents
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Submission for Review: Revision of an Existing Information Collection, USAJOBS
The Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection request (ICR) 3206-0219, USAJOBS. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104- 106), OPM is soliciting comments for this collection. In particular, we invite comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. 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 of information technology, e.g., permitting electronic submissions of responses.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1024-0252; The Interagency Access and Senior Pass Application Processes
We (National Park Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on February 28, 2011. We 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. Under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Withdrawal of Notice of Intent To Prepare an Environmental Assessment for a Proposed Project Involving the Area in and Around President's Park South.
The National Park Service and the United States Secret Service are withdrawing the September 22, 2010, Federal Register notice (75 FR 57811) announcing their intent to prepare an Environmental Assessment and to conduct scoping in accordance with the National Environmental Policy Act, 42 U.S.C. 4321 (NEPA), to aid their consideration of certain proposed actions, including permanent roadway closures, the re- design of security elements, and the preservation of the historic landscape within President's Park South, to include the portion of E Street, NW., between 15th Street and 17th Street, in Washington, DC. The scoping process, public comment period, and public meeting referenced in that notice are now cancelled.
River Raisin National Battlefield Park, MI ; Account Number: 6495
As authorized by Section 7003 of the Omnibus Public Land Management Act of 2009, Public Law 111-11 (codified at 16 U.S.C. 430vv), the National Park Service (NPS) announces the Secretary of the Interior (Secretary) has designated acquired lands related to the Battles of River Raisin on January 18-22, 1813, as a unit of the National Park System to be known as the River Raisin National Battlefield Park.
National Natural Landmark Designations
On January 16, 2009, then Secretary of the Interior Dirk Kempthorne designated the following National Natural Landmarks: Big Bone Lick, Boone County, Kentucky; Cave Without a Name, Kendall County, Texas; Chazy Fossil Reef, Grand Isle County, Vermont and Clinton County, New York; and Nottingham Park Serpentine Barrens, Chester County, PA
Federal Travel Regulation (FTR)
The General Services Administration (GSA) has issued FTR Bulletin 11-02, updating the Fly America Act information on the GSA web site with recent changes to the new US-EU Open Skies agreement signed June 24, 2010.
Public Meetings of National Flood Insurance Program (NFIP) Reform Effort
This notice announces two public meetings of the National Flood Insurance Program (NFIP) Reform Effort. In performing its mission, the Federal Emergency Management Agency (FEMA) believes it is important to continually update stakeholders on its programs and answer any questions and listen to comments from them on how its programs can be more efficient and effective at meeting the needs of the public. To this end, FEMA has engaged in a comprehensive reform effort to address the concerns of the wide array of stakeholders involved in the ongoing debate about the NFIP. FEMA chose a participatory policy analysis framework to guide the NFIP Reform effort. Policy analysis employs systematic inquiry and evaluation to assess policy alternatives. The participatory policy analysis process allows public decisions to be made in a structured, defensible, and collaborative manner. The effort is comprised of three phases designed to engage the greatest number of stakeholders and consider the largest breadth of public policy options. Phase I focused on the capture and analysis of stakeholder concerns and recommendations. During Phase II, FEMA performed additional analysis of existing data and identified a set of evaluation criteria. In Phase III, a portfolio of public policy alternatives is being developed and will be analyzed using the evaluation criteria. The resulting recommendations will be reported to FEMA leadership. The purpose of the public meetings is to describe, update, and explain straw man policy alternatives and to answer questions and listen to comments from interested stakeholders. Additional information on the straw man policy alternatives will be made available prior to the meeting via the NFIP Reform Web site and will be posted to Docket ID: FEMA-2010-0065. In addition, through these public meetings, FEMA will accept stakeholder input of the policy evaluation process through the use of a pair-wise comparison method. The pair-wise tool is also available via the NFIP Reform Web site at https://www.fema.gov/business/nfip/nfip_ reform.shtm.
Allocations and Common Application and Reporting Waivers Granted to and Alternative Requirements for Community Development Block Grant (CDBG) Disaster Recovery Grantees Under the Supplemental Appropriations Act, 2010 (Pub. L. 111-212)
This Notice advises the public of the allocation of CDBG disaster recovery funds for the purpose of assisting the recovery efforts in areas declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of the severe storms and flooding that occurred from March through May, 2010. As described in the SUPPLEMENTARY INFORMATION section of this Notice, HUD is authorized by statute and regulations to waive statutory and regulatory requirements and specify alternative requirements upon the request of a grantee. Therefore, this Notice describes applicable waivers and alternative requirements, as well as the application process, eligibility requirements, and relevant statutory provisions for grants provided under this Notice.
Uncovered Innerspring Units From the People's Republic of China: Preliminary Results of First Antidumping Duty Administrative Review
The Department of Commerce (the ``Department'') is conducting an administrative review of the antidumping duty order on uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC''), covering the period of review (``POR'') August 6, 2008-January 31, 2010. As discussed below, we preliminarily determine that the PRC-wide entity made sales in the United States at prices below normal value (``NV''). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the POR.
Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish; Measures To Rebuild Overfished Armorhead at Hancock Seamounts
This final rule prohibits fishing for bottomfish and seamount groundfish at the Hancock Seamounts until the overfished U.S. stock of pelagic armorhead (Pseudopentaceros wheeleri) is rebuilt, and classifies the area around the Hancock Seamounts as an ecosystem management area. This rule is intended to rebuild the armorhead stock and facilitate research on armorhead and other seamount groundfish.
Caribbean Fishery Management Council; Public Meeting
The Catch Share Panel of the Caribbean Fishery Management Council will hold a public meeting to discuss the issues contained in the enclosed agenda.
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order
Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe (``seamless pipe'') from the People's Republic of China (``PRC''). In addition, the Department is amending its final determination to correct certain ministerial errors.
Initiation of Antidumping and Countervailing Duty Administrative Reviews; Correction
The Department of Commerce (``the Department'') published a notice in the Federal Register on October 28, 2010, concerning the initiation of administrative reviews of various antidumping and countervailing duty orders and findings with September anniversary dates. The document contained incorrect information in both the Antidumping and Countervailing Duty Proceedings table.
Supportive Services for Veteran Families Program
The Department of Veterans Affairs (VA) is amending its regulations to establish the Supportive Services for Veteran Families Program (SSVF Program). These amendments implement the provisions of section 604 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Act). The purpose of the SSVF Program is to provide supportive services grants to private non-profit organizations and consumer cooperatives who will coordinate or provide supportive services to very low-income veteran families who are residing in permanent housing, are homeless and scheduled to become residents of permanent housing within a specified time period, or after exiting permanent housing, are seeking other housing that is responsive to such very low-income veteran family's needs and preferences. The new SSVF Program is within the continuum of VA's homeless services programs.
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order
Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing a countervailing duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe (``seamless pipe'') from the People's Republic of China (``PRC''). Also, as explained in this notice, the Department is amending its final determination to correct certain ministerial errors.
NUREG-1953, Confirmatory Thermal-Hydraulic Analysis To Support Specific Success Criteria in the Standardized Plant Analysis Risk Models-Surry and Peach Bottom; Draft Report for Comment
The Nuclear Regulatory Commission has issued for public comment a document entitled: NUREG-1953, ``Confirmatory Thermal- Hydraulic Analysis to Support Specific Success Criteria in the Standardized Plant Analysis Risk ModelsSurry and Peach Bottom, Draft Report for Comment.''
Public Meeting To Solicit Input for a Strategic Plan for Federal Youth Policy
The U.S. Department of Health and Human Services, in its role as the Chair of the Interagency Working Group on Youth Programs, is announcing a meeting to solicit input from the public that will inform the development of a strategic plan for federal youth policy.
Expansion and Extension of the Green Technology Pilot Program
On December 8, 2009, the United States Patent and Trademark Office (USPTO) implemented the Green Technology Pilot Program, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier.
Public Meeting To Solicit Input for a Strategic Plan for Federal Youth Policy
The U.S. Department of Health and Human Services, in its role as the Chair of the Interagency Working Group on Youth Programs, is announcing a meeting to solicit input from the public that will inform the development of a strategic plan for federal youth policy.
Agency Information Collection Activities: Requests for Comments; Clearance of a New Information Collection: AST Collection of Voluntary Lessons Learned From External Sources
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a new information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on July 14, 2010, vol. 75, no. 134, page 40863. The FAA/AST will collect lessons learned from members of the commercial space industry in order to carry out the safety responsibilities in 49 U.S.C. Chapter 701 Section 70103 (c).
Medicaid Program; Recovery Audit Contractors
This proposed rule would provide guidance to States related to Federal/State funding of State start-up, operation and maintenance costs of Medicaid Recovery Audit Contractors (Medicaid RACs) and the payment methodology for State payments to Medicaid RACs in accordance with section 6411 of the Affordable Care Act. In addition, this rule proposes requirements for States to assure that adequate appeal processes are in place for providers to dispute adverse determinations made by Medicaid RACs. Finally, the rule proposes that States and Medicaid RACs coordinate with other contractors and entities auditing Medicaid providers and with State and Federal law enforcement agencies.
Agency Information Collection Activities: Requests for Comments; Clearance of a New Information Collection: FAA Safety Briefing Readership Survey
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a new information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 27, 2010, vol. 75, no. 166, pages 52801-52802. The survey will help the editors learn more about the target audience and how they elect to improve their safety skills/practices, and what they need to know to improve their safety skills/practices. With this information, the editors can craft FAA Safety Briefing content targeted to its audience to help accomplish the FAA and Department of Transportation's mission of improving safety.
Amendment of Using Agency for Restricted Areas R-5301; R-5302A, B, and C; and R-5313A, B, C and D; NC
This action makes a minor change to the name of the using agency for restricted areas R-5301 Albemarle Sound, NC; R-5302A, B and C, Harvey Point, NC; and R-5313A, B, C and D, Long Shoal Point, NC to read ``U.S. Navy, Fleet Area Control and Surveillance Facility, Virginia Capes (FACSFAC VACAPES), Virginia Beach, VA.'' This is an administrative change only and there are no changes to the dimensions, time of designation or activities conducted within the affected restricted areas.
Amendment of Using Agency for Restricted Areas R-4002, R-4005, R-4006 and R-4007; MD
This action makes a minor change to the name of the using agency for restricted areas R-4002, Bloodsworth Island, MD; and R-4005, R-4006 and R-4007, Patuxent River, MD to ``U.S. Navy, Commanding Officer, NAS Patuxent River, MD.'' This is an administrative change only and there are no changes to the dimensions, time of designation or activities conducted within the affected restricted areas.
United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, WI
The Corps of Engineers is proposing to amend its regulations to establish a restricted area in the Menominee River, at the Marinette Marine Corporation Shipyard, Marinette, Wisconsin, to provide adequate protection during the construction and launching of Littoral Combat Ships. The regulations are necessary to provide adequate protection of U.S. Navy combatant vessels, its materials, equipment to be installed therein, and crew, while located at the property of Marinette Marine Corporation.
Naval Surface Warfare Center, Potomac River, Dahlgren, VA; Danger Zone
The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Upper Machodoc Creek and the Potomac River in the vicinity of Dahlgren in King George County, Virginia. The Naval Surface Warfare Center, Dahlgren conducts research, development, testing and evaluation of national defense systems on the Potomac River Test Range. Many of the tests are hazardous operations presenting a danger to persons or property in the danger zone. The proposed amendment is necessary to protect the public from hazardous operations such as firing large and small caliber guns and projectiles, aerial bombing, use of directed energy and operating manned or unmanned watercraft. The proposed amendment adds a 100-yard buffer to the Middle Danger Zone to prevent public contact with unexploded ordnance along the shoreline of Naval Surface Warfare Center, Dahlgren within this zone.
Notice of Meeting of the EPA's Children's Health Protection Advisory Committee (CHPAC)
Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held December 2 and 3, 2010 at the Westin City Center, 1400 M Street, NW., Washington, DC. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.
Extension of the Period for Preparation of the Clean Water Act Section 404(c) Final Determination and Consultation Concerning the Spruce No. 1 Mine, Logan County, WV
On September 24, 2010, the EPA Region III Regional Administrator signed a Recommended Determination, under Section 404(c) of the Clean Water Act, recommending withdrawal of the specification embodied in DA Permit No. 199800436-3 (Section 10: Coal River) of Pigeonroost Branch and Oldhouse Branch as disposal sites for discharges of dredged and/or fill material associated with construction of the Spruce No. 1 Surface Mine in Logan County, West Virginia. The transmission of the Recommended Determination to EPA Headquarters initiated a 60-day period for the Assistant Administrator for the Office of Water to review the recommendation of the Regional Administrator. As part of this review period, EPA has also notified the Department of the Army, the State of West Virginia, Arch Coal, Inc. (the permittee), and the landowners of record as to the Recommended Determination, and has notified these groups that they have 15 days in which to notify the Assistant Administrator for the Office of Water of their intent to take corrective action to prevent the unacceptable adverse impacts to wildlife detailed in the recommendation. In response, attorneys for the permittee have requested a 30-day extension of this consultation period, to November 29, 2010, in order to review the Recommended Determination and associated technical appendices. Provided in 40 CFR 231.8, EPA may, upon showing of good cause, extend the time requirements in the 404(c) regulations. In this case, EPA believes it is appropriate to grant the permittee's request for a 30-day extension to the consultation process. This extension will provide additional time to evaluate any corrective actions proposed by the permittee, or other participants in the consultation process described in 40 CFR 231.6, that would prevent the likely unacceptable adverse effects described in the Recommended Determination. The consultation process will therefore expire on November 29, 2010. As described above, EPA's 404(c) regulations provide that the Assistant Administrator for the Office of Water shall issue a Final Determination within 60 days of receiving the Regional Administrator's Recommended Determination. This 60-day period is scheduled to expire on November 23, 2010. EPA may extend this deadline upon a showing of good cause. EPA believes that good cause exists to extend this deadline in order to complete the Final Determination by February 22, 2011. This extension will permit the Office of Water to more closely evaluate Region III's Recommended Determination and the administrative record, which includes more than 50,000 public comments. It will also enable more careful consideration of any new information that arises during the consultation process undertaken pursuant to 40 CFR 231.6, as described above. Finally, this date is consistent with an order issued by the U.S. District Court for the Southern District of West Virginia on November 2, granting a continued stay in litigation over the Spruce 1 permit until February 22, 2011.
Draft Toxicological Review of Hexavalent Chromium: In Support of Summary Information on the Integrated Risk Information System (IRIS)
EPA published a 60-day public comment period on September 30, 2010 (75 FR 60454) for the external review draft human health assessment titled, ``Toxicological Review of Hexavalent Chromium: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' EPA/635/R-10/004C. We are extending the public comment period 30 days at the request of the American Chemistry Council (ACC). The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA released this draft assessment solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits.
Draft Toxicological Review of Urea: In Support of Summary Information on the Integrated Risk Information System (IRIS)
EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer review meeting to review the draft human health assessment titled, ``Toxicological Review of Urea: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-10/005). The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development. On September 28 EPA released this draft assessment [75 FR 59716] solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Versar, Inc. invites the public to register to attend this workshop as observers. In addition, Versar, Inc. invites the public to give brief oral comments and/or provide written comments at the workshop regarding the draft assessment under review. Time is limited, and reservations will be accepted on a first-come, first-served basis. In preparing a final report, EPA will consider Versar, Inc.'s report of the comments and recommendations from the external peer review workshop and any written public comments that EPA receives in accordance with this notice.
Workshop To Review Draft Materials for the Lead (Pb) Integrated Science Assessment (ISA)
As part of the review of the air quality criteria and National Ambient Air Quality Standards (NAAQS) for Lead (Pb), EPA is announcing that a workshop to evaluate initial draft materials for the Pb Integrated Science Assessment (ISA) is being organized by EPA's National Center for Environmental Assessment (NCEA) within the Office of Research and Development. The workshop will be held on December 2 and 3, 2010 in Research Triangle Park, NC and will be open to attendance by interested public observers on a first-come first-serve basis up to the limits of available space.
Science Advisory Board Staff Office Notification of a Public Meeting of the SAB Lead Review Panel
The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Lead Review Panel to peer review two draft EPA documents entitled Approach for Developing Lead Dust Hazard Standards for Residences and Approach for Developing Lead Dust Hazard Standards for Public and Commercial Buildings.
Federal Management Regulation; FMR Bulletin PBS-2010-B5; Redesignations of Federal Buildings
The attached bulletin announces the designation and redesignation of two Federal buildings.
Request for Comment on a Proposal to Exempt, Pursuant to the Authority in Section 4(c) of the Commodity Exchange Act, the Trading and Clearing of Certain Products Related to the CBOE Gold ETF Volatility Index and Similar Products
The Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') is proposing to exempt the trading and clearing of certain contracts called ``options'' (``Options'') on the CBOE Gold ETF Volatility Index (``GVZ Index''), which would be traded on the Chicago Board Options Exchange (``CBOE''), a national securities exchange, and cleared through the Options Clearing Corporation (``OCC'') in its capacity as a registered securities clearing agency, from the provisions of the Commodity Exchange Act (``CEA'') \1\ and the regulations thereunder, to the extent necessary to permit such Options on the GVZ Index to be so traded and cleared. Authority for this exemption is found in Section 4(c) of the CEA.\2\ The Commission is also requesting comment regarding whether the Commission should provide a categorical exemption that would permit the trading and clearing of options on indexes that measure the volatility of shares of gold exchange-traded funds (``ETFs'') generally, regardless of issuer, including options on any index that measures the magnitude of changes in, and is composed of the price(s) of shares of one or more gold ETFs and the price(s) of any other instrument(s), which other instruments are securities as defined in the Securities Exchange Act of 1934 (``the '34 Act'').\3\
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