January 2011 – Federal Register Recent Federal Regulation Documents

Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each of the first 2 years of State participation. This final report presents the findings from the fifth FHWA audit of the California Department of Transportation (Caltrans) under the pilot program.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Felsenthal/Overflow National Wildlife Refuges (NWRs). In the final CCP, we describe how we will manage these refuges for the next 15 years.

Pursuant to section 1473(p) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act), the Appraisal Subcommittee (ASC) has determined that no one national hotline presently exists that fully complies with the Act. The determination was made on January 12, 2011, during the ASC's open meeting. In making this determination, the ASC initiated a project to study the establishment and operation of a national appraisal complaint hotline as required by the Act.

The National Institute of Food and Agriculture (NIFA) is soliciting nominations for veterinary service shortage situations for the Veterinary Medicine Loan Repayment Program (VMLRP; [75 FR 20239- 20248]), as authorized under the National Veterinary Medical Services Act (NVMSA), 7 U.S.C. 3151a. This Notice initiates a 60-day nomination solicitation period and prescribes the procedures and criteria to be used by State, Insular Area, DC and Federal Lands (hereafter referred to as State(s)) Animal Health Officials (SAHO) in order to nominate veterinary shortage situations. All States are eligible to submit nominations, up to the maximum indicated for each State in this notice. NIFA is conducting this solicitation of veterinary shortage situation nominations under previously approved information collection (OMB Control Number 0524-0046).

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The Department of Labor (DOL) hereby announces the submission of the Wage Hour Division (WHD) sponsored information collection request (ICR) titled, ``Report of Construction Contractor's Wage Rates,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 282, Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

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 for 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 currently valid OMB control number. Dates: Written Paperwork Reduction Act (PRA) comments should be submitted on or before February 28, 2011. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. Addresses: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or via e-mail to Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications Commission via e-mail to PRA@fcc.gov and Cathy.Williams@fcc.gov. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the web page https://reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently Under Review'', (3) click on the downward-pointing arrow in the ``Select Agency'' box below the ``Currently Under Review'' heading, (4) select ``Federal Communications Commission'' from the list of agencies presented in the ``Select Agency'' box, (5) click the ``Submit'' button to the right of the ``Select Agency'' box, and (6) when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. For Further Information Contact: For additional information or copies of the information collection(s), contact Cathy Williams on (202) 418-2918. Supplementary Information: OMB Control Number: 3060-0016. Title: Application for Authority to Construct or Make Changes in a Low Power TV, TV Translator, or TV Booster Station, FCC Form 346. Form Number: FCC Form 346. Type of Review: Extension of a currently approved collection. Respondents: Businesses or other for-profit entities; not-for- profit institutions; State, local or tribal government. Number of Respondents and Responses: 3,500 respondents and 3,500 responses. Estimated Time per Response: 7 hours. Frequency of Response: On occasion reporting requirements; third party disclosure requirement. Total Annual Burden: 24,500 hours. Total Annual Costs: $15,043,000. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i), 303, 307, 308 and 309 of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: Confidentiality is not required for this collection of information. Privacy Impact Assessment: No impact(s). Needs and Uses: Licensees/permittees/applicants use FCC Form 346 to apply for authority to construct or make changes in a Low Power Television, TV Translator, or TV Booster broadcast station. On September 9, 2004, the Commission adopted a Report and Order, FCC 04- 220, MB Docket Number 03-185, In the Matter of Parts 73 and 74 of the Commission's Rules to Established Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations. To implement the new rules, the Commission revised FCC Form 346 to allow licensees/ permittees/applicants to use the revised FCC Form 346 to file for digital stations or for conversion of existing analog to digital. Applicants are also subject to the third party disclosure requirements under 47 CFR 73.3580. Within 30 days of tendering the application, the applicant is required to publish a notice in a newspaper of general circulation when filing all applications for new or major changes in facilitiesthe notice is to appear at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be maintained with the application. FCC staff use the data to determine if the applicant is qualified, meets basic statutory and treaty requirements, and will not cause interference to other authorized broadcast services.

The SBA is issuing this notice to publish meeting minutes for the Small Business Information Security Task Force Meeting.

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 for 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 currently valid OMB control number.

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. 35013520. 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 for 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 currently valid OMB control number. Dates: Written Paperwork Reduction Act (PRA) comments should be submitted on or before March 29, 2011. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. Addresses: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications Commission via e-mail to PRA@fcc.gov. For Further Information Contact: Judith B. Herman, Office of Managing Director, (202) 418-0214. For additional information, contact Judith B. Herman, OMD, 202-418-0214 or e-mail judith-b.herman@fcc.gov. Supplementary Information: OMB Control Number: 3060-0537. Title: Section 13.217, COLEM Records. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit. Number of Respondents and Responses: 9 respondents; 9 responses. Estimated Time per Response: 1 hour. Frequency of Response: Recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 154 and 303. Total Annual Burden: 9 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: There is no need for confidentiality. Needs and Uses: The Commission will submit this expiring information collection to the Office of Management and Budget (OMB) after this comment period to obtain their full three year approval. There is no change in the recordkeeping requirement. There is no change in the Commission's burden estimates. Section 13.217 requires that each Commercial Operator License Examination Manager (COLEM) recovering fees from examinees who took the Commercial Operator Examination must maintain records of expenses and revenues, frequency of examinations administered, and examination pass rates. These records must cover the period from January 1 to December 31 of the preceding year, be maintained for one year, and be made available to the Commission upon request. This recordkeeping requirement is in place in order to assist the Commission in detecting any wrongdoing within the commercial operator examination program. The records are journal entries showing revenues collected and expenses incurred. The records may be inspected by FCC field investigators. The records will provide a vehicle for the FCC to cancel the designation of a person or organization as an examination manager. If the information were not maintained, it is conceivable that fraud and abuse could occur in the commercial operator examination program.

FMCSA and PHMSA propose to amend the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs), respectively, to prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping. This action is in response to section 112 of the Hazardous Materials Transportation Authorization Act of 1994. The intent of this rulemaking is to reduce highway-rail grade crossing crashes.

FMCSA announces its decision to exempt seventeen individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

Notice is hereby given that a temporary restriction of use (prohibition of firearms use) is in effect on public lands in the Kanaka Valley administered by the Mother Lode Field Office, Bureau of Land Management.

In accordance with of the National Environmental Policy Act of 1969, as amended (NEPA), the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (EIS) for the Salt Wells Energy Projects and by this notice is announcing the opening of the comment period.

The Federal Housing Finance Agency (FHFA) submitted to the Office of Management and Budget (OMB) for emergency review, revisions to the information collection, ``Federal Home Loan Bank Directors,'' OMB No. 2590-0006. The revisions were approved under the Paperwork Reduction Act of 1995, Public Law 104-13. Specifically, FHFA requested review of revisions to the 2008 OMB-approved Federal Home Loan Bank Elective Director Eligibility Certification Form, the Federal Home Loan Bank Appointive Director Application Form, and the Federal Home Loan Bank Appointive Director Certification Form. Since 2008, when the Federal Home Loan Banks' (Bank) former regulator, the Federal Housing Finance Board (Finance Board), last obtained OMB approval for this information collection, there have been statutory and regulatory changes affecting the use of the forms. The passage of the Housing and Economic Recovery Act of 2008 (HERA), Public Law 110-289 (2008) amended section 7 of the Federal Home Loan Bank Act (Bank Act) which provided for the appointment of a portion of each Federal Home Loan Bank's board of directors. The HERA amendments resulted in needed revisions to the current OMB-approved forms associated with these appointments. The first of the revisions to the forms includes renaming them respectively, the Federal Home Loan Bank Member Director Eligibility Certification Form, the Federal Home Loan Bank Independent Director Application Form, and the Federal Home Loan Bank Independent Director Annual Certification Form. A more detailed description of the remaining revisions is discussed below in Overview of the Information Collection. FHFA requested emergency review of these revisions because the revised forms are being used in January 2011. These revisions did not result in a change in burden. To allow interested persons to comment on this information collection, FHFA is publishing this notice and plans to submit a request for a three-year extension of OMB's approval. Comments regarding this information collection should be addressed to the Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for the Federal Housing Finance Agency, Washington, DC 20503, Fax: 202- 395-6974, Email: OIRA_Submission@omb.eop.gov. Please also submit comments to FHFA using any one of the following methods and include ``Comments: Federal Home Loan Bank Directors (No. 2011-N-02)'' as the subject: E-mail: RegComments@fhfa.gov; Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. If you submit your comment to the Federal eRulemaking Portal, please also send it by e- mail to FHFA at RegComments@fhfa.gov to ensure timely receipt by FHFA. U.S. Mail/Hand Delivery: Federal Housing Finance Agency, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. We will post all public comments we receive without change, including any personal information you provide, such as your name and address, on the FHFA website at https://www.fhfa.gov. In addition, copies of all comments received will be available for examination by the public on business days between the hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. To make an appointment to inspect comments, please call the Office of General Counsel at 202-414-6924.

Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) has published a final Supplemental Environmental Impact Statement (SEIS) to the Generic Environmental Impact Statement (GEIS), for In-situ Leach Uranium Milling Facilities (NUREG-1910, Supplement 2) for the Nichols Ranch In-situ Recovery Project in Campbell and Johnson Counties, Wyoming. By letter dated November 30, 2007, Uranerz Energy Corporation (Uranerz), submitted an application to the NRC for a new source material license for the proposed Nichols Ranch In-situ Uranium Recovery Project, located in the Pumpkin Buttes Uranium Mining District within the Powder River Basin. Uranerz is proposing to recover uranium from the site using an in-situ leach (also known as an in-situ recovery [ISR]) process. In this final SEIS, the NRC staff assessed the environmental impacts from the construction, operation, aquifer restoration, and decommissioning of the proposed Nichols Ranch ISR Project. The proposed Nichols Ranch ISR Project is comprised of two noncontiguous units, the Nichols Ranch Unit and the Hank Unit. In addition to the proposed action, the NRC staff assessed two alternatives in the final SEIS: the No-Action alternative and an alternative where only the Nichols Ranch Unit would be developed for ISR operations. Under the No-Action alternative, NRC would deny Uranerz's request to construct, operate, conduct aquifer restoration, and decommission an ISR facility at Nichols Ranch. Alternatives that were considered, but were eliminated from detailed analysis, include conventional mining and conventional milling or heap leach processing. However, given the substantial environmental impact from implementing of these alternatives, they were not further considered. The NRC staff also evaluated alternative lixiviants, alternative wastewater disposal options, and an alternative where only the Hank Unit would be developed ISR operations. For reasons discussed in the SEIS, these alternatives were also eliminated from detailed analysis. As discussed in Section 2.3 of the final SEIS, unless safety issues mandate otherwise, the NRC staff's recommendation to the Commission related to the environmental aspects of the proposed action is that the source material license be issued as requested. This recommendation is based upon: (1) The license application, including the environmental and technical report submitted by Uranerz and the applicant's supplemental letters and responses to the NRC staff's requests for additional information; (2) consultation with Federal, State, Tribal, and local agencies; (3) the NRC staff's independent review; (4) the NRC staff's consideration of comments received on the draft SEIS; and (5) the assessments summarized in this SEIS. The final SEIS for the Nichols Ranch ISR Project may be accessed on the Internet at https://www.nrc.gov/reading-rm/doc-collections/nuregs/ staff/sr1910/s2/. Additionally, the NRC maintains an Agencywide Documents and Management System (ADAMS), which provides text and image files of the NRC's public documents. The SEIS may also be accessed through the NRC's Public Electronic Reading Room on the Internet at: https://www.nrc.gov/reading-rm/adams.html. The final ``Environmental Impact Statement for the Nichols Ranch ISR Project in Campbell and Johnson Counties, WyomingSupplement to the Generic Environmental Impact Statement for In-situ Leach Uranium Milling Facilities'' is available electronically under ADAMS Accession Number ML104330120. If you do not have access to ADAMS or if there is a problem accessing documents located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail pdr.resource@nrc.gov. Information and documents associated with the final SEIS are also available for inspection at the NRC's PDR, NRC's Headquarters Building, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. For those without access to the Internet, paper copies of any electronic documents may be obtained for a fee by contacting the NRC's PDR at 1-800-397-4209. The final SEIS and related documents may also be found at the following public libraries:

This action establishes five low altitude Area Navigation (RNAV) routes, designated T-281, T-283, T-285, T-286, and T-288, over Nebraska and South Dakota; controlled by Denver Air Route Traffic Control Center (ARTCC) and Minneapolis ARTCC. T-routes are low altitude Air Traffic Service routes, based on RNAV, for use by aircraft that have instrument flight rules (IFR) approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. This action enhances safety and improves the efficient use of the navigable airspace within Denver and Minneapolis ARTCC airspace.

EPA is taking final action to approve a revision to the Tennessee State Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone standards for the Nashville, Tennessee 1997 8-hour ozone maintenance area, which is comprised of Davidson, Rutherford, Sumner, Williamson, and Wilson Counties in their entireties (hereafter referred to as the ``Nashville Area''). This maintenance plan was submitted by the State of Tennessee Department of Environment and Conservation (TDEC) on August 3, 2010, for parallel processing. TDEC submitted the final version of the SIP on October 13, 2010. The maintenance plan ensures the continued attainment of the 1997 8-hour ozone national ambient air quality standards (NAAQS) through the year 2018. This plan meets the statutory and regulatory requirements, and is consistent with EPA's guidance. EPA is taking final action to approve the revision to the Tennessee SIP, pursuant to the Clean Air Act (CAA). EPA is also in the process of establishing a new 8-hour ozone NAAQS, and expects to finalize the reconsidered NAAQS by July 2011. Today's action, however, relates only to the 1997 8-hour ozone NAAQS. Requirements for the Nashville Area under the 2011 NAAQS will be addressed in the future.

These special conditions are issued for the Boeing Model 767- 300 series airplane. This airplane, as modified by TTF Aerospace, LLC, will have a novel or unusual design features associated with the pilot lower lobe crew rest module (CRM). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

This rule implements the authority added by the SSI Extension for Elderly and Disabled Refugees Act of 2008 (``2008 Act''), as amended by the Claims Resolution Act of 2010 (2010 Act'') to offset overpayments of Federal taxes (referred to as ``tax refund offset'') to collect delinquent State unemployment compensation debts. The Department of the Treasury (Treasury) will incorporate the procedures necessary to collect State unemployment compensation debts as part of the Treasury Offset Program (TOP), a centralized offset program operated by the Financial Management Service (FMS), a Treasury bureau. FMS has promulgated a rule governing the offset of federal tax refunds to collect delinquent State income tax obligations. This rule amends FMS regulations to include unemployment compensation debts among the types of State debts that may be collected by tax refund offset. This rule does not affect any of the requirements or procedures for collecting delinquent State income tax obligations.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.