December 14, 2010 – Federal Register Recent Federal Regulation Documents

The Technical Guidelines Development Committee (TGDC) will meet in open session on Thursday, January 13, 2011 and Friday, January 14, 2011 at the National Institute of Standards and Technology (NIST) in Gaithersburg, Maryland.

The Department of the Treasury (``Department'' or ``Treasury'') called for the submission of Large Position Reports by those entities whose reportable positions in the 0-3/4% Treasury Notes of September 2013 equaled or exceeded $2 billion as of close of business December 8, 2010.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institute of Environmental Health Sciences (NIEHS), the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on 7 October 2010 on pages 62132-3 and allowed 60-days for public comment. One public comment was received and addressed regarding the appropriateness and sources for funding the survey. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. 5 CFR 1320.5: Reporting and Recordkeeping Requirements: Final Rule: Respondents to this collection of information are not required to respond unless the data collection instruments display a currently valid OMB control number.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Model 747 airplanes. The existing AD currently requires repetitive inspections to detect damage of the sleeving and wire bundles of the boost pumps of the numbers 1 and 4 main fuel tanks, and of the auxiliary tank jettison pumps (if installed); replacement of any damaged sleeving with new sleeving; and repair or replacement of any damaged wires with new wires. For airplanes on which any burned wires are found, the existing AD also requires an inspection to detect damage of the conduit, and replacement of any damaged conduit with a serviceable conduit. This proposed AD would reduce the initial compliance time and repetitive inspection interval in the existing AD. This proposed AD results from fleet information indicating that the repetitive inspection interval in the existing AD is too long because excessive chafing of the sleeving continues to occur much earlier than expected between scheduled inspections. We are proposing this AD to detect and correct abrasion of the Teflon sleeving and wires in the bundles of the fuel boost pumps for the numbers 1 and 4 main fuel tanks and of the auxiliary tank jettison pumps (if installed), which could result in electrical arcing between the wires and aluminum conduit and consequent fire or explosion of the fuel tank.

The U.S. Office of Personnel Management (OPM) is proposing to revise its regulation regarding designation of national security positions. This proposed rule is one of a number of initiatives OPM has undertaken to simplify and streamline the system of Federal Government investigative and adjudicative processes to make them more efficient and as equitable as possible. The purpose of this revision is to clarify the requirements and procedures agencies should observe when designating national security positions as required under E.O. 10450, Security Requirements for Government Employment. The proposed regulations maintain the current standard which defines a national security position as ``any position in a department or agency, the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security.'' The purpose of the revisions is to clarify the categories of positions which, by virtue of the nature of their duties, have the potential to bring about a material adverse impact on the national security, whether or not the positions require access to classified information. Another purpose of the amendments is to acknowledge, for greater clarity, complementary requirements set forth in part 731, Suitability, so that every position is properly designated with regard to both public trust risk and national security sensitivity considerations, both of which are necessary for determining appropriate investigative requirements. Finally, the proposed rule clarifies when reinvestigation of individuals in national security positions is required.

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on lightweight thermal paper from Germany. For the period November 20, 2008, through October 31, 2009, we have preliminarily determined that Papierfabrik August Koehler AG and Koehler America, Inc. (collectively, ``Koehler'') did not make sales of subject merchandise at less than normal value (``NV'') (i.e., sales were made at de minimis dumping margins). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (``CBP'') to liquidate appropriate entries without regard to antidumping duties. See ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on circular welded non-alloy steel pipe (``CWP'') from the Republic of Korea (``Korea''). The period of review (``POR'') is November 1, 2008, through October 31, 2009. This review covers multiple exporters/producers, three of which are being individually reviewed as mandatory respondents. We preliminarily determine the mandatory respondents made sales of the subject merchandise at prices below normal value (``NV''). We have assigned the remaining respondents the weighted-average of the margins calculated for the mandatory respondents. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results.

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. Mortgagees who elect to assign multifamily property to HUD complete form HUD-2537, Mortgagee's Application for Partial Settlement, Multifamily Mortgage. HUD uses the information to process a partial claim payment within 24 to 48 hours after assignment or conveyance.

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

On October 19, 2010, OSHA published a notice of proposed interpretation entitled Interpretation of OSHA's Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, giving interested parties 60 days to comment. The comment period is being extended by 90 days to give interested parties additional time to assess the impact of the proposed interpretation and submit comments.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Electronic Medical Examination for Immigrant or Refugee Applicant. OMB Control Number: 1405-0113. Type of Request: Revision of a Currently Approved Collection. Originating Office: Bureau of Consular Affairs, Office of Visa Services (CA/VO). Form Numbers: DS-2053, DS-2054, DS-3024, DS-3025, DS-3026, and DS-3030. Respondents: Immigrant visa and refugee applicants. Estimated Number of Respondents: 630,000 per year. Estimated Number of Responses: 630,000 per year. Average Hours Per Response: 1 hour. Total Estimated Burden: 630,000 hours annually. Frequency: Once per application. Obligation to Respond: Required to Obtain Benefit.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Online Application for Nonimmigrant Visa. OMB Control Number: 1405-0182. Type of Request: Revision. Originating Office: Bureau of Consular Affairs, Visa Services (CA/VO). Form Number: DS-160. Respondents: All nonimmigrant visa applicants. Estimated Number of Respondents: 6.5 million. Estimated Number of Responses: 6.5 million. Average Hours Per Response: 75 minutes. Total Estimated Burden: 8,125,000 hours. Frequency: Once per visa application. Obligation to Respond: Required to obtain benefit.

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.

The Regional Administrator of EPA Region 10 is hereby granting a waiver request from the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(1) [inconsistent with the public interest] to the City for the utilization and installation of one (1) Slide Gate in the influent control structure and two (2) Stop Logs/Guides sets in access manholes as part of an overall Combined Sewage Overflow (CSO) control project. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The City had the contractual obligation of the contractor and written verification from the manufacturer that the Slide Gate and Stop Logs/Guides would comply with Buy American requirements and be produced in a U.S. facility. However, the contractor observed that the Slide Gate and Stop Logs/Guides delivered to the site for installation had ``Made in Canada'' labeling. The contractor confirmed with the manufacturer that goods were actually manufactured in Canada, not in the U.S., and shipped to the project site in error. Due to contractual requirements, the contractor and manufacturer will absorb the costs of the Slide Gate and Stop Logs/ Guides. Re-ordering the Slide Gate and Stop Logs/Guides and having them manufactured in a U.S. facility would delay project completion by at least nine to ten weeks. Of significant note, the City has a contractual obligation to the Oregon Department of Environmental Quality (DEQ) to begin project testing and start up by December 1, 2010 in order for the completed project to properly control CSOs and provide water quality protection during the typical wet weather associated with December and January, when CSOs are highest. Based upon information submitted by the City, EPA has concluded that requiring the installation of the domestic manufactured Slide Gate and Stop Logs/ Guides, which would extend the project schedule by at least nine to ten weeks, would be inconsistent with the public interest, and that a waiver of the Buy American provisions is justified. The Regional Administrator is making this determination based on the review and recommendations of the Grants and Strategic Planning Unit. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to the requirements of Section 1605(a) of ARRA. This action allows the installation of the foreign manufactured Slide Gate and Stop Logs/ Guides, as specified in the City's October 28, 2010 request.

On June 15, 2010, EPA notified Petitioners that the Agency intended to initiate the reconsideration process in response to their request for reconsideration of certain provisions in the National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. Among the provisions that EPA is reconsidering is a requirement that certain affected sources obtain a permit. EPA is staying until March 14, 2011, the requirement for certain affected sources to comply with the title V permit program. Because we believe the reconsideration process may not be completed within 90 days, we are also proposing in a separate notice to stay the provision requiring certain sources to obtain a permit after the final reconsideration rule is published in the Federal Register.

This notice extends the Patriot Express Pilot Loan Initiative in its current form through December 31, 2013. This pilot initiative, established in 2007, was designed to increase lending to small businesses owned by members of the military community. It is based on the SBA Express model which uses streamlined documentation but provides a higher SBA guaranty of 85 percent for loans of $150,000 or less and 75 percent for loans greater than $150,000 up to $500,000.