2010 – Federal Register Recent Federal Regulation Documents

Through this Advance Notice of Proposed Rulemaking (ANPR), the Board is instituting a proceeding regarding demurrage, i.e., charges for holding rail cars. The agency's intent is to adopt a rule or policy statement addressing when parties should be responsible for demurrage in light of current commercial practices followed by rail carriers, shippers, and receivers.

We, NMFS, have completed a comprehensive status review of the bearded seal (Erignathus barbatus) under the Endangered Species Act (ESA) and announce a 12-month finding on a petition to list the bearded seal as a threatened or endangered species. The bearded seal exists as two subspecies: Erignathus barbatus nauticus and Erignathus barbatus barbatus. Based on the findings from the status review report and consideration of the factors affecting these subspecies, we conclude that E. b. nauticus consists of two distinct population segments (DPSs), the Beringia DPS and the Okhotsk DPS. Moreover, based on consideration of information presented in the status review report, an assessment of the factors in section 4(a)(1) of the ESA, and efforts being made to protect the species, we have determined the Beringia DPS and the Okhotsk DPS are likely to become endangered throughout all or a significant portion of their ranges in the foreseeable future. We have also determined that E. b. barbatus is not in danger of extinction or likely to become endangered throughout all or a significant portion of its range in the foreseeable future. Accordingly, we are now issuing a proposed rule to list the Beringia DPS and the Okhotsk DPS of the bearded seal as threatened species. No listing action is proposed for E. b. barbatus. We solicit comments on this proposed action. At this time, we do not propose to designate critical habitat for the Beringia DPS because it is not currently determinable. In order to complete the critical habitat designation process, we solicit information on the essential physical and biological features of bearded seal habitat for the Beringia DPS.

Section 342(b) of Public Law (Pub .L.) 103-337, as amended by section 1114 of Public Law 106-398, authorizes the Secretary of Defense (SECDEF) to conduct personnel management demonstration projects at Department of Defense (DoD) laboratories designated as Science and Technology Reinvention Laboratories (STRLs). Section 1107 of Public Law 110-181, as amended by section 1109 of Public Law 110-417, requires the SECDEF to execute a process and plan to employ the Department's personnel management demonstration project authorities found in section 4703 of title 5, United States Code (U.S.C.) at the STRLs enumerated in section 9902(c)(2) of title 5 U.S.C., as redesignated in section 1105 of Public Law 111-84 and 73 Federal Register (FR) 73248, to enhance the performance of the missions of the laboratories. Section 1107 of Public Law 110-181 further authorizes in subsection 1107(c) that any flexibility available to any demonstration laboratory shall be available for use at any other laboratory as enumerated in section 9902(c)(2) of title 5 U.S.C. The Office of Naval Research (ONR) is listed as one of the designated STRLs. This notice announces the approval of the final personnel demonstration project plan for the ONR. This includes adoption of existing demonstration project flexibilities in other STRL demonstration project plans and any necessary modifications thereto for better conformance to the ONR mission requirements and culture.

The Securities and Exchange Commission (the ``Commission'') is proposing rules that would implement new exemptions from the registration requirements of the Investment Advisers Act of 1940 for advisers to certain privately offered investment funds that were enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''). As required by Title IV of the Dodd-Frank Actthe Private Fund Investment Advisers Registration Act of 2010, the new rules would define ``venture capital fund'' and provide for an exemption for advisers with less than $150 million in private fund assets under management in the United States. The new rules would also clarify the meaning of certain terms included in a new exemption for foreign private advisers.

This action finalizes minimum Federal requirements under the Safe Drinking Water Act (SDWA) for underground injection of carbon dioxide (CO2) for the purpose of geologic sequestration (GS). GS is one of a portfolio of options that could be deployed to reduce CO2 emissions to the atmosphere and help to mitigate climate change. This final rule applies to owners or operators of wells that will be used to inject CO2 into the subsurface for the purpose of long-term storage. It establishes a new class of well, Class VI, and sets minimum technical criteria for the permitting, geologic site characterization, area of review (AoR) and corrective action, financial responsibility, well construction, operation, mechanical integrity testing (MIT), monitoring, well plugging, post-injection site care (PISC), and site closure of Class VI wells for the purposes of protecting underground sources of drinking water (USDWs). The elements of this rulemaking are based on the existing Underground Injection Control (UIC) regulatory framework, with modifications to address the unique nature of CO2 injection for GS. This rule will help ensure consistency in permitting underground injection of CO2 at GS operations across the United States and provide requirements to prevent endangerment of USDWs in anticipation of the eventual use of GS to reduce CO2 emissions to the atmosphere and to mitigate climate change.

FRA is issuing this notice to advise the public that a Tier I Environmental Impact Statement (EIS) will be prepared for the Milwaukee, WI to Minneapolis-St. Paul, MN (Milwaukee-Twin Cities) High- Speed Rail Corridor Program. The project includes passenger stations, maintenance facilities, and the construction of a high-speed rail line between Milwaukee and the Twin Cities. This corridor is part of a larger network of high-speed passenger rail corridors in the Midwest, with a hub in Chicago, IL. The effort to develop these high-speed rail corridors and expand the passenger rail system in the Midwest is known as the Midwest Regional Rail Initiative (MWRRI). FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by FRA will be considered in the preparation of the EIS. Alternatives under consideration include taking no action (No Build), as well as several build alternatives along a variety of corridors between Milwaukee and the Twin Cities.

The EPA Region 10 proposes to approve a correction to the State of Oregon's federally authorized RCRA hazardous waste management program. On January 7, 2010, EPA published a final rule under docket EPA-R10-RCRA 2009-0766 granting final authorization for changes the State of Oregon made to its federally authorized RCRA Hazardous Waste Management Program. These authorized changes included, among others, the Federal Recycled Used Oil Management Standards; Clarification rule, promulgated on July 30, 2003. During a post-authorization review of the State of Oregon's regulations, EPA identified that the Oregon Administrative Rules (OAR), related to the federal used oil management requirements (OAR 340-100-0002), had not been updated to include the adoption of the Federal Recycled Used Oil Management Standards; Clarification rule. Therefore, the State did not have an effective state rule and EPA inaccurately referenced this rule in the State's Final Authorization Action published and effective on January 7, 2010. This action will correct the State of Oregon's federally authorized program, by removing the inaccurate authorization reference to the federal Recycled Used Oil Management Standards; Clarification rule.

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. The purpose of this program is to enhance the demonstration project conducted by the Office of Policy Development focusing on Homeless Families by providing a vehicle for conducting a number of small research projects aimed at collecting additional/supplemental information and analyses. Grantees are selected through a competition process, announced through a Notice of Funding Availability. Applicants are required to submit certain information as part of their application for assistance. Grantees are required to prepare a quarterly status report so that HUD monitors the progress of grantees in completing their research.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on September 13, 2010 (75 FR 55629-55630).

This action proposes to establish six High Altitude Area Navigation (RNAV) routes in the Western United States (U.S.). These new routes would provide pilots and air traffic controllers with efficient direct routes enhancing safety and improving the efficient use of the National Airspace System (NAS).

This action proposes to establish seven High Altitude Area Navigation (RNAV) routes in the Western United States (U.S.). These new routes would provide pilots and air traffic controllers with efficient direct routes enhancing safety and improving the efficient use of the National Airspace System (NAS).

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

The Food and Drug Administration (FDA) has determined the regulatory review period for ILARIS and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human biological product.

BOEMRE published an interim final rule implementing certain safety measures recommended for improving the safety of oil and gas exploration and development on the Outer Continental Shelf. This document contains a correction to the final regulations published on October 14, 2010, which inadvertently deleted one sentence from the existing regulations. The correction being made is non-substantive and is necessary for clarification purposes only.

On August 13, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from Taiwan. This review covers twenty producers/ exporters of the subject merchandise to the United States. The period of review (POR) is July 1, 2008, through June 30, 2009. Based on our analysis of the comments received, we have made no changes in the margin calculations. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

Notice is hereby given that ABR, Inc. Environmental Research and Services, Fairbanks, AK, has applied in due form for a permit to conduct research on marine mammals.

The U.S. Consumer Product Safety Commission (``CPSC'' or ``Commission'') is announcing that the Commission has extended, by 60 days, the date by which manufacturers (including importers) of youth all-terrain vehicles (ATVs) must submit sufficient samples of such products to a third party conformity assessment body approved by the Commission for testing and, based on such testing, issue a certificate that the products manufactured after the deadline comply with certain CPSC regulations relating to ATVs. The extension is granted because there are an insufficient number of third party conformity assessment bodies accredited by the Commission to permit testing and certification under the original schedule.\1\

Per 30 U.S.C. 188(d), Antelope Resources Inc. filed a petition for reinstatement of noncompetitive oil and gas lease MTM 91627, Musselshell County, Montana. The lessee paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $5 per acre and 16\2/3\ percent. The lessee paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31 (d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $5 per acre; The increased royalty of 16\2/3\ percent; and The $163 cost of publishing this Notice.

The FAA proposes to rule and invites public comment on the release of land at the Kearney Municipal Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

The Forest Service, U.S. Department of Agriculture, State and Private Forestry, Technology Marketing Unit, located at the Forest Products Laboratory, requests proposals for wood energy projects that require engineering services. These projects will use woody biomass material removed from forest restoration activities, such as wildfire hazardous fuel treatments, insect and disease mitigation, forest management due to catastrophic weather events, and/or thinning overstocked stands. The woody biomass shall be used in a bioenergy facility that uses commercially proven technologies to produce thermal, electrical, or liquid/gaseous bioenergy. The funds from the Woody Biomass Utilization Grant program (WBU) must be used to further the planning of such facilities by funding the engineering services necessary for final design and cost analysis. Examples of such projects include engineering design of a (1) woody biomass boiler for steam at a sawmill, (2) non-pressurized hot water system for various applications at a hospital or school, and (3) biomass power generation facility, or similar facilities. This program is aimed at helping applicants complete the necessary design work needed to secure public and/or private investment for construction. In particular, USDA Rural Development has established grants and loan programs that might help fund construction of such facilities. However, engineering design must be completed prior to submitting an application to this and other Federal, State, or private funding sources.

The Federal Emergency Management Agency (FEMA) is accepting comments on the National Disaster Housing Task Force (NDHTF) Concept of Operations (CONOPS). The CONOPS describes the Federal coordination of disaster housing assistance in preparation for, response to and recovery from all levels of disasters, including catastrophic events. Additionally, it outlines the implementation of the National Disaster Housing Strategy (Strategy).