January 4, 2011 – Federal Register Recent Federal Regulation Documents
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Regulatory Guidance Concerning Electronic Signatures and Documents
FMCSA issues regulatory guidance concerning the use of electronic signatures and documents to comply with FMCSA regulations. This guidance provides the motor carrier industry, Federal, State, and local motor carrier enforcement officials, and other interested parties with uniform information regarding FMCSA's acceptance of electronic signature on documents required by the Federal Motor Carrier Safety Regulations. All prior Agency interpretations and regulatory guidance, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance.
Pipeline Safety: Safety of On-Shore Hazardous Liquid Pipelines
On October 18, 2010, (75 FR 63774), PHMSA published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) titled: ``Safety of On-Shore Hazardous Liquid Pipelines'' seeking comments on the need for changes to the regulations covering hazardous liquid onshore pipelines. PHMSA has received requests to extend the comment period in order to have more time to evaluate the ANPRM. PHMSA has concurred in part with these requests and has extended the comment period from January 18, 2011, to February 18, 2011.
International Fisheries; Pacific Tuna Fisheries; Vessel Capacity Limit in the Purse Seine Fishery in the Eastern Pacific Ocean
NMFS hereby issues regulations under the Tuna Conventions Act of 1950 (Act), as amended, for the U.S. purse seine fishery operating in the eastern Pacific Ocean (EPO) to make U.S. regulations more consistent with the Inter-American Tropical Tuna Commission (IATTC) Resolution on the Capacity of the Tuna Fleet Operating in the Eastern Pacific Ocean. These revisions will ensure that the United States satisfies its obligations under the Tuna Conventions Act while allowing controlled operational flexibility for the U.S. industry consistent with the IATTC management framework.
Ball Bearings and Parts Thereof From France: Partial Rescission of Antidumping Duty Administrative Review
In response to requests from interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on ball bearings and parts thereof from France. The period of review is May 1, 2009, through April 30, 2010. The Department is rescinding this review in part.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Polar Bear Captures
NMFS has received an application from the U.S. Fish and Wildlife Service (USFWS) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to a capture- recapture program of polar bears in the U.S. Chukchi Sea. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the USFWS to take, by Level B harassment only, two species of marine mammals during the specified activity.
Marine Mammals; File No. 14330
Notice is hereby given that the Aleut Community of St. Paul Island, Tribal Government, Ecosystem Conservation Office, St. Paul Island, AK, has applied for an amendment to Scientific Research Permit No. 14330.
Philadelphia International Airport, Capacity Enhancement Program, Environmental Impact Statement, Record of Decision
The FAA has issued a ROD for the Philadelphia International Airport (PHL), Capacity Enhancement Program (CEP), Environmental Impact Statement (EIS). The City of Philadelphia, the airport sponsor, owns and operates PHL and had requested FAA consider ways to accommodate existing and forecasted aviation demands. The purpose of the CEP is to enhance airport capacity in order to accommodate current and future aviation demand in the Philadelphia Metropolitan Area during all weather conditions. This ROD sets forth FAA's final determination and environmental approvals for the federal actions necessary to implement the CEP at the airport.
Special Conditions: Gulfstream Model GVI Airplane; Single-Occupant Side-Facing Seats
This action proposes special conditions for the Gulfstream GVI airplane. This airplane will have a novel or unusual design feature(s) associated with single-occupant side-facing seats. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Notice of Availability: Notice of Funding Availability (NOFA) for HUD's Fiscal Year (FY) 2010 Rural Innovation Fund Program
HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for HUD's FY 2010 Rural Innovation Fund Program NOFA. Specifically, this NOFA announces the availability of approximately $25 million made available under the Consolidated Appropriations, 2010, in Rural Innovation grant funds, along with unobligated and unused funds remaining for the Rural Fund's predecessor program, the Rural Housing and Economic Development (RHED) program appropriated by the Department of Housing and Urban Development Appropriations Act, 2009, and prior appropriations Acts. In total, this NOFA announces the availability of approximately $25.75 million in funding. The purpose of this program NOFA is to fund local rural nonprofit organizations, community development corporations, federally recognized Indian tribes, state housing finance agencies (HFAs), and state economic development and community development agencies (including consortia of such entities) with demonstrated capacity to undertake comprehensive projects that address the problems of concentrated rural housing distress and community poverty. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at https:// www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.263. Applications must be submitted electronically through Grants.gov.
Notice of Proposed Information Collection for Public Comment on the Housing Opportunities for Persons With AIDS (HOPWA) Program: Annual Performance Reporting Requirements and Competitive/Renewal Grant Budget Summary Forms
The proposed information collection requirement described below will be 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.
Notice of NEPA Public Scoping Meeting Information for the Great Lakes and Mississippi River Interbasin Study (“GLMRIS”)
In a November 16, 2010, Federal Register Notice (75 FR 69983), the U.S. Army Corps of Engineers (USACE), Chicago District announced in a notice of intent that it will prepare a feasibility report and an environmental impact statement (EIS) for GLMRIS, and it will host a public scoping meeting in Chicago, Illinois, on December 15, 2010. In a December 8, 2010, Federal Register Notice (75 FR 76447), USACE announced the metropolitan locations where USACE would be hosting nine (9) additional public scoping meetings for GLMRIS. The December 8, 2010, notice did not include specific meeting details. This notice announces the venues, dates and times of these nine (9) public scoping meetings and also announces USACE's intent to host two (2) additional public scoping meetings in Milwaukee, Wisconsin and New Orleans, Louisiana. USACE, in consultation with other federal agencies, Native American tribes, state agencies, local governments and non-governmental organizations, is conducting a feasibility study of the options and technologies that could be applied to prevent aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways.
Intent To Prepare a Supplemental Environmental Impact Statement (SEIS) for PacRim Coal's Proposed Chuitna Coal Project
The Alaska District, U.S. Army Corps of Engineers (USACE) intends to prepare an SEIS to identify and analyze the potential impacts associated with the proposed Chuitna Coal Project. It is anticipated that the Environmental Protection Agency (EPA), the Native Village of Tyonek (NVT), the U.S. Fish and Wildlife Service (USFWS), and the Alaska Department of Natural Resources (ADNR) will participate as cooperating agencies in the SEIS development process. The USACE will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The SEIS will be used as a basis for the Corps' permit decision and to ensure compliance with the National Environmental Policy Act (NEPA). The SEIS will also address issues related to the Alaska Surface Coal Mining Control and Reclamation Act (ASCMCRA) permit, which governs all aspects of the mining operation and infrastructure.
Notice of Submission of Proposed Information Collection to OMB; Notice of Proposed Information Collection for Public Comment Mortgage Record Change
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 Mortgage Record Change information is used by FHA-approved mortgagees to comply with HUD requirements for reporting the sale of a mortgage between investors and/or the transfer of the mortgage servicing responsibility, as appropriate. A thirty day Federal Register notice was published on Wednesday, December 15, 2010. However, the burden calculations were incorrect. Therefore, this notice is to alert the public of the correct burden hours for this information collection package.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Food Labeling Regulations
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Food Labeling Regulations'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Notice of Submission of Proposed Information Collection to OMB; HUD Conditional Commitment/Direct Endorsement Statement of Appraised Value
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. The information is used by appraisers and/or underwriters upon their review of the appraisal report (USAR) to determine if a property meets FHA guidelines to be eligible for HUD mortgage insurance. Underwriters are required to sign and submit a copy of the completed form to HUD for endorsement as part of the case binder; to provide a copy to the homebuyer; and to maintain a copy for the mortgagee. A thirty day Federal Register notice was published on Wednesday, December 15, 2010. However, the burden calculations were incorrect. Therefore, this notice is to alert the public of the correct burden hours for this information collection package.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Petition To Request an Exemption From 100 Percent Identity Testing of Dietary Ingredients; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Petition to Request an Exemption From 100 Percent Identity Testing of Dietary Ingredients; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Certain Semiconductor Chips and Products Containing Same; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 1, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Rambus Inc. of Sunnyvale, California. 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 semiconductor chips and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,470,405 (``the `405 patent''); U.S. Patent No. 6,591,353 (``the `353 patent''); U.S. Patent No. 7,287,109 (``the `109 patent''); U.S. Patent No. 7,602,857 (``the `857 patent''); U.S. Patent No. 7,602,858 (``the `858 patent''); U.S. Patent No. 7,715,494 (``the `494 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 cease and desist orders.
Secretary's Advisory Committee on Animal Health; Meeting
This is a notice to inform the public of the first meeting of the Secretary's Advisory Committee on Animal Health. The meeting is being organized by the Animal and Plant Health Inspection Service.
Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year 2010; Technical Assistance and Capacity Building Under the Transformation Initiative; Request for Qualifications
HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for HUD's Fiscal Year 2010 Notice of Funding Availability (NOFA) for Technical Assistance and Capacity Building under the Transformation Initiative. The OneCPD Integrated Practitioner Assistance System (OneCPD) represents a fundamental change in the way HUD's traditional ``program-specific'' technical assistance has been structured and delivered over the years to state and local government grantees, and nonprofits. Beyond improving the effectiveness of current technical assistance efforts by adopting a ``cross-program'' approach, OneCPD is intended as a collaborative effort among HUD, our state and local partners and successful applicants focused on building the kind of grantee management systems and functional capacity necessary to successfully carry out comprehensive and sustainable ``place-based'' development and revitalization strategies. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at https:// www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.259. Applications must be submitted electronically through Grants.gov.
Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year 2010; Historically Black Colleges and Universities (HBCU) Program
HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for HUD's FY 2010 Historically Black Colleges and Universities (HBCU) program. The Notice of Funding Availability (NOFA) announces a second round of funding this Fiscal Year 2010. This NOFA is governed by the information and instructions found in HUD's Fiscal Year 2010 Notice of Funding Availability (NOFA) Policy Requirements and General Section that HUD issued on June 7, 2010. The purpose of the HBCU program is to assist historically black colleges and universities to expand their role and effectiveness in addressing community development needs in their localities, including neighborhood revitalization, housing, and economic development, principally for persons of low- and moderate-income. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at https:// www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.520. Applications must be submitted electronically through Grants.gov.
Exposure Modeling Public Meeting
An Exposure Modeling Public Meeting (EMPM) will be held for one day on January 11, 2011. This notice announces the location and time for the meeting and sets forth the tentative agenda topics.
Pesticides; Satisfaction of Data Requirements; Procedures To Ensure Protection of Data Submitters' Rights; Extension of Comment Period
EPA issued a proposed rule in the Federal Register of November 5, 2010, concerning the revision of its regulations which govern procedures for the satisfaction of data requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA received two requests to extend the comment period for this proposed rule. This document extends the comment period for 30 days, from January 4, 2011 to February 3, 2011.
Alaska: Adequacy of Alaska Municipal Solid Waste Landfill Permit Program
This action approves a modification to Alaska's approved Municipal Solid Waste Landfill (MSWLF) permit program. The approved modification allows the State to issue Research, Development, and Demonstration (RD&D) permits to owners and operators of MSWLFs in accordance with its State law. On March 22, 2004, EPA issued final regulations allowing RD&D permits to be issued to certain MSWLFs by approved States. On September 7, 2010, the State of Alaska submitted an application to EPA Region 10 seeking Federal approval of its RD&D requirements. After thorough review, EPA Region 10 has determined that Alaska's RD&D permit requirements are adequate through this direct final action.
Alaska: Adequacy of Alaska's Municipal Solid Waste Landfill Permit Program
EPA Region 10 proposes to approve Alaska's modification of its approved Municipal Solid Waste Landfill (MSWLF) permit program. On March 22, 2004, EPA issued final regulations allowing Research, Development, and Demonstration (RD&D) permits to be issued to certain MSWLFs by approved states. On September 7, 2010 Alaska submitted an application to EPA Region 10 seeking Federal approval of its RD&D requirements.
Revisions to the California State Implementation Plan, San Joaquin Valley Air Pollution Control District (SJVUAPCD)
EPA is proposing a limited approval and limited disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from crude oil production operations and refineries. We are proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Informed Consent Elements
The Food and Drug Administration (FDA) is amending the current informed consent regulations to require that informed consent documents and processes for applicable drug (including biological products) and device clinical trials include a specific statement that clinical trial information will be entered into a databank. The databank referred to in this final rule is the clinical trial registry databank maintained by the National Institutes of Health/National Library of Medicine (NIH/ NLM) which was created by statute. The submission of clinical trial information to this data bank also is required by statute. This amendment to the informed consent regulations is required by the Food and Drug Administration Amendments Act of 2007 (FDAAA) and is designed to promote transparency of clinical research to participants and patients.
Public Water Supply Supervision Program; Program Revision for the State of Washington
Notice is hereby given that the State of Washington has revised its approved State Public Water Supply Supervision Primacy Program. Washington has adopted a definition for public water system that is analogous to EPA's definition of public water system, and has adopted regulations analogous to EPA's Consumer Confidence Report Rule, Interim Enhanced Surface Water Treatment Rule, Stage 1 Disinfectants and Disinfection Byproducts Rule, Lead and Copper Minor Revisions Rule, Public Notification Rule, Radionuclides Rule, Arsenic Rule, Filter Backwash Rule, Long Term 1 Enhanced Surface Water Treatment Rule, Variance and Exemptions Rule, Stage 2 Disinfectants and Disinfection Byproducts Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Ground Water Rule. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, EPA intends to approve these State program revisions. By approving these rules, EPA does not intend to affect the rights of Federally recognized Indian Tribes within ``Indian country'' as defined by 18 U.S.C. 1151, nor does it intend to limit existing rights of the State of Washington.
CSX Transportation, Inc.-Abandonment Exemption-in Allegany County, Md.
Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the requirements of 49 U.S.C. 10904(f)(4)(A) to permit Eighteen Thirty Group, LLC (Eighteen Thirty) to go forward with its plan to acquire and restore to service an 8.54-mile line of railroad between milepost BAI 27.0 near Morrison and milepost BAI 18.46 at the end of the track near Carlos, in Allegany County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line as a result of the bankruptcy of James Riffin through an agreement with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of James Riffin. Because the line previously was acquired from CSX Transportation, Inc. (CSXT) pursuant to the Board's offer of financial assistance provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, section 10904(f)(4)(A) otherwise would prohibit the transfer of the Line to any entity other than CSXT until July 10, 2011.
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
2011 Numismatic Products Pricing
The United States Mint is announcing the prices of its 2011 numismatic products. Pursuant to the authority that 31 U.S.C. 5111(2)(3) & 5112 grant the Secretary of the Treasury to mint, prepare and distribute numismatic items, and in accordance with 31 U.S.C. 9701(b), the United States Mint is announcing the prices of its 2011 numismatic products. Effective January 1, 2011, the United States Mint will commence selling the following numismatic products pursuant to the following price schedule:
Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims
The Environmental Protection Agency (EPA) receives from time to time Freedom of Information Act (FOIA) requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of Resource Conservation and Recovery Act (RCRA) hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the United States. These documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform ``affected businesses'' about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information (CBI), and to send comments to EPA supporting their claims for such treatment. Certain businesses, however, do not meet the definition of ``affected business,'' and are not covered by today's notice. They consist of any business that actually submitted to EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Red Knot Subspecies Calidris canutus roselaari as Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the roselaari subspecies of red knot (Calidris canutus roselaari) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial information indicating that listing this subspecies may be warranted. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, C. c. roselaari or its habitat at any time.
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