2010 – Federal Register Recent Federal Regulation Documents

DOE announces its intention to prepare a Programmatic EIS with the State of Hawai`i as joint lead agencies pursuant to the National Environmental Policy Act (NEPA) of 1969 and the Hawai`i Environmental Policy Act. The Hawai`i Interisland Renewable Energy Program: Wind Programmatic Environmental Impact Statement (hereinafter referred to as the Hawai`i Wind EIS or the EIS) will assess the foreseeable environmental impacts which may arise from wind energy development under the Hawai`i Interisland Renewable Energy Program (HIREP). Hawai`i proposes to facilitate the development of wind-generated electric energy and the required improvements to the existing electric transmission infrastructure in Hawai`i. This EIS is the first phase of a programmatic environmental review of developing and increasing renewable energy technologies in Hawai`i.

Pursuant to the National Environmental Policy Act of 1969, (NEPA) 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Abbreviated Final Environmental Impact Statement for the Long Walk National Historic Trail Feasibility Study, National Trails Intermountain Region, New Mexico. Four alternatives and their respective environmental consequences were presented in the feasibility study. Under alternative A, the no- action alternative, current practices and policies would continue. A national historic trail would not be designated, and interpretation and protection of Long Walk-related events and resources would not be coordinated. Under alternative B, Congress would designate two national historic trails (dual designations) to emphasize the unique removal experiences of the Mescalero Apache and Navajo tribes within the contextual history. An auto tour route would be established. Interpretation and education would emphasize the distinctive tribal and individual removal histories. Under alternative C (Environmentally Preferable Alternative) one national historic trail would be designated, emphasizing the removal experiences common to both tribes. An auto tour route would be established. Interpretation and education would emphasize overviews of the Long Walk events. Under alternatives B and C, the Secretary of the Interior would administer the trail through partnerships, primarily with the Mescalero Apache Tribe and Navajo Nation. Under alternative D, Congress would provide a grant program to the tribes focusing on interpretation and education projects and resource protection on tribal lands. All decisions about strategy, level of protection, etc., would be made by the tribes. A national historic trail would not be designated. No other alternatives were considered during the course of the study. The feasibility study determined the Long Walk routes fully meet the criteria for designation as national historic trails. The overall nature of public comments during the review period for the draft study supported designation. Neither the draft feasibility study nor the abbreviated final environmental impact statement identified a preferred alternative. The National Park Service has subsequently identified Alternative A, the no-action alternative, to be the preferred alternative after requesting and considering comments on the draft plan from the Navajo Nation.

The Coast Guard is establishing a safety zone upon the navigable water of the San Diego Bay in San Diego, CA in support of the two San Diego Parade of Lights Fireworks Displays on December 12 and December 19, 2010. This safety zone is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

The Export-Import Bank of the United States (Ex-Im Bank), as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. The Application for Express Insurance will be used to determine the eligibility of the applicant and the creditworthiness of one of the applicant's foreign buyers for Export-Import Bank assistance under its insurance program. Export-Import Bank customers will be able to submit this form on paper. This is a new application form for use by small U.S. businesses with limited export experience. Companies that are eligible to use the Express policy will need to answer approximately 20 questions and sign an acknowledgement of the certifications that appear on the reverse of the application form. This program does not provide discretionary credit authority to the U.S. exporter, and therefore the financial and credit information needs are minimized. This new form incorporates the recently updated standard Certification and Notices section as well as two questions about the amount of U.S. employment to be supported by this policy. Based upon comments received we have changed the name of this form from Application for Short-Term Express Export Credit Insurance Policy to Application for Express Insurance. The form can be viewed at https://www.exim.gov/pub/pending/EIB10_ 02.pdf.

The Department of Veterans Affairs (VA) published a collection of information notice in the Federal Register on December 7, 2010, that contained an error. The notice incorrectly identified the responsible VA organization. This document corrects that error by removing ``Veterans Benefits Administration'' and adding, in its place, ``Center for Veterans Enterprise''.

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

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 5, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of United Technologies Corporation of Hartford, Connecticut. 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 turbomachinery blades, engines, and components thereof by reason of infringement of certain claims of U.S. Patent No. RE38,040 (``the `040 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.

This is a notice of the Presidential declaration of a major disaster for the Territory of the U.S. Virgin Islands (FEMA-1949-DR), dated November 24, 2010, and related determinations.

The purpose of this request for proposals is to solicit proposals from potential partners who seek to enter into partnership agreements with the Natural Resources Conservation Service (NRCS) through either the Agricultural Water Enhancement Program (AWEP) or the Cooperative Conservation Partnership Initiative (CCPI) in order to provide assistance to producers who enroll in an eligible conservation program. The Natural Resources Conservation Service (NRCS) is responsible for both AWEP and CCPI. For fiscal year (FY) 2011, applicants are strongly encouraged to use the proposal templates available for download at: https://www.nrcs.usda.gov/programs/AWEP/ for AWEP and https://www.nrcs.usda.gov/programs/CCPI/ for CCPI. To request a paper version of either proposal template, partners may send a written request to Gregory K. Johnson, Director, Financial Assistance Programs Division, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Room 5239 South Building, Washington, DC 20250. Both AWEP and CCPI were established by the Food, Conservation, and Energy Act of 2008 (2008 Act). AWEP and CCPI are voluntary conservation initiatives that enable the use of certain conservation programs, combined with resources from eligible partners who have entered into partnership agreements with NRCS, to provide financial and technical assistance to owners and operators of agricultural and nonindustrial private forest lands. Through the FY 2011 AWEP, NRCS will make Environmental Quality Incentive Program (EQIP) funds available to eligible producers in approved AWEP project areas. Through the FY 2011 CCPI, NRCS will make EQIP, Conservation Stewardship Program (CSP), and Wildlife Habitat Incentive Program (WHIP) funds available to eligible producers in approved CCPI project areas consistent with the project proposal. CCPI opportunities concerning the Mississippi River Basin Healthy Watersheds Initiative will be announced through a separate notice.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

FMCSA announces its denial of 103 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces receipt of applications from 17 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

FMCSA announces receipt of applications from 24 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 41 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 9 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The Department of Defense (DoD) is issuing regulations to implement provisions contained in section 1110 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010, October 28, 2009, which authorizes DoD to establish a Pilot Program for the Temporary Exchange of Information Technology (IT) Personnel. This statute authorizes the temporary assignments of DoD IT employees to private sector organizations. This statute also gives DoD the authority to accept IT employees for temporary assignments from private sector organizations. This Pilot is envisioned to promote the interchange of DoD and private sector IT professionals to enhance skills and competencies. The prompt implementation of an interim final rule is crucial in assisting DoD to pilot a program to enhance its position and expertise in the IT field, particularly in cybersecurity. The Administration has expressed considerable interest in the IT area, and stressed its importance in a recent Cyberspace Review Report. Given the changing workforce dynamics in the IT field, DoD needs to take advantage of these types of professional development programs to proactively position itself to keep pace with the changes in technology. The immediate implementation of an Interim Final Rule is viable to enhance IT professional skills, particularly in the area of cybersecurity. Several Components including Defense Information Systems Agency, Defense Advanced Research Projects Agency, Office of Naval Research, Office of the DoD's Chief Information Officer, and Department Air Force, and Department of the Army are ready to participate. The program is not controversial and delayed implementation would deny an important benefit to the Department and the public. The ITEP would serve the public good by enhancing the DoD IT workforce skills to protect and defend our nation.