March 14, 2011 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974, as Amended; System of Records Notices
The National Archives and Records Administration (NARA) proposes to add a system of records to its existing inventory of systems subject to the Privacy Act of 1974, as amended (5 U.S.C. 552(a)) (``Privacy Act''). In this notice, NARA publishes NARA 41, the Use of Space in Presidential Libraries and Grounds Case Files.
Medicare Program; Revisions to the Reductions and Increases to Hospitals' FTE Resident Caps for Graduate Medical Education Payment Purposes
This interim final rule with comment period implements section 203 of the Medicare and Medicaid Extenders Act of 2010 relating to the treatment of teaching hospitals that are members of the same Medicare graduate medical education affiliated groups for the purpose of determining possible full-time equivalent resident cap reductions.
Ensuring the Safety of Imported Foods and Animal Feed: Comparability of Food Safety Systems and Import Practices of Foreign Countries; Public Hearing; Request for Comments
The Food and Drug Administration (FDA) is announcing a public hearing regarding new FDA initiatives for ensuring the safety of foods and animal feed imported into the United States. The purpose of the public hearing is to provide stakeholders the opportunity to discuss FDA's use of international comparability assessments as a mechanism to enhance the safety of imported foods and animal feed and lessons learned through equivalence determinations. In addition, there will be a separate discussion of FDA's efforts to gather information from regulators in other countries regarding the regulatory policies, practices, and programs they currently use to ensure the safety of foods and animal feed imported into their countries. In a separate notice published elsewhere in this issue of the Federal Register, FDA is announcing a 1-day public meeting to discuss implementation of the imports provisions found in the FDA Food Safety Modernization Act (FSMA).
FDA Food Safety Modernization Act: Title III-A New Paradigm for Importers; Public Meeting
The Food and Drug Administration (FDA) is announcing a public meeting entitled ``FDA Food Safety Modernization Act: Title IIIA New Paradigm for Importers.'' The purpose of the public meeting is to provide interested persons an opportunity to discuss implementation of the import safety provisions of the recently enacted FDA Food Safety Modernization Act (FSMA). FDA is seeking information on importer verification, the Voluntary Qualified Importer Program, import certifications for food, and third-party accreditation. In a separate notice published elsewhere in this issue of the Federal Register, FDA is announcing a public hearing to provide stakeholders the opportunity to discuss FDA's use of international comparability assessments as a mechanism to enhance the safety of imported foods and animal feed and lessons learned through equivalence determinations. The public hearing will include a separate discussion of FDA's efforts to gather information from regulators in other countries regarding the regulatory policies, practices, and programs they currently use to ensure the safety of foods and animal feed imported into their countries.
Fisheries Off West Coast States; Highly Migratory Species Fisheries; Amendment 2
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 2 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for Secretarial review. Amendment 2 would modify the current suite of management unit species, establish a new category of ecosystem component species, modify the process for revising numerical estimates of maximum sustainable yield and optimal yield, and specify status determination criteria so that overfishing and overfished determinations can be made for all management unit species.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management Measures
NMFS proposes to modify Atlantic bluefin tuna (BFT) base quotas for all domestic fishing categories; establish BFT quota specifications for the 2011 fishing year; reinstate pelagic longline target catch requirements for retaining BFT in the Northeast Distant Gear Restricted Area (NED); amend the Atlantic tunas possession at sea and landing regulations to allow removal of Atlantic tunas tail lobes; and clarify the transfer at sea regulations for Atlantic tunas. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; Amendment 34
The North Pacific Fishery Management Council submitted Amendment 34 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs to NMFS for review. If approved, Amendment 34 would amend the Bering Sea and Aleutian Islands Crab Rationalization Program to exempt additional recipients of crab quota share from Gulf of Alaska Pacific cod and pollock harvest limits, called sideboards, which apply to some vessels and license limitation program licenses that are used to participate in these fisheries. The North Pacific Fishery Management Council determined that these additional recipients demonstrated a sufficient level of historical participation in Gulf of Alaska Pacific cod or pollock fisheries, and that they should be exempt from the current sideboards. This action is necessary to give these recipients an opportunity to participate in the Gulf of Alaska Pacific cod and pollock fisheries at historical levels. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable laws.
Marine Mammals; File No. 15748
Notice is hereby given that the Alaska SeaLife Center (ASLC), Seward, AK, has applied for a permit to conduct research on Weddell seals (Leptonychotes weddellii).
Marine Mammals; File No. 15616
Notice is hereby given that Craig Matkin, North Gulf Oceanic Society, Homer, AK, has been issued a permit to conduct research on marine mammals.
Data Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.
New York Disaster Number NY-00102
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA1957DR), dated 02/18/2011. Incident: Severe Winter Storm and Snowstorm. Incident Period: 12/26/2010 through 12/27/2010. Effective Date: 03/07/2011. Physical Loan Application Deadline Date: 04/19/2011. Economic Injury (EIDL) Loan Application Deadline Date: 11/16/2011.
Massachusetts Disaster #MA-00032
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Massachusetts (FEMA1959DR), dated 03/07/2011. Incident: Severe Winter Storm and Snowstorm. Incident Period: 01/11/2011 through 01/12/2011. Effective Date: 03/07/2011. Physical Loan Application Deadline Date: 05/06/2011. Economic Injury (EIDL) Loan Application Deadline Date: 12/07/2011.
In the Matter of Certain Connecting Devices (“Quick Clamps”) for Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL's”) That Are Part of Larger Pneumatic Systems and the FRL Units They Connect; Notice of Commission Decision To Reverse an Initial Determination on Remando the Administrative Law Judge; Termination of the Investigation With a Determination of no Violation of Section 337 Because the Asserted Claims of the Asserted Patent Are Invalid for Obviousness
Notice is hereby given that the U.S. International Trade Commission has determined to reverse the initial determination on remand (``RID'') of the presiding administrative law judge (``ALJ'') and has terminated the investigation with a finding of no violation of section 337 of the Tariff Act of 1930 because the asserted claims of U.S. Patent No. 5,372,392 (``the `392 patent'') are invalid for obviousness.
Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563
As part of its implementation of Executive Order 13563, ``Improving Regulation and Regulatory Review,'' the Small Business Administration (SBA) is seeking comments and information from interested parties to assist the agency in reviewing its existing regulations to determine whether they should be streamlined, expanded, or withdrawn. The primary objectives of this review are to make SBA's regulatory program more cost effective and less burdensome on participants in the Agency's programs while continuing to promote economic growth, innovation, and job creation. SBA seeks public input on the design of a plan to use for periodic retrospective review of its regulations and an initial list of the rules to be reviewed under the plan.
Marine Mammals; File No. 16087
Notice is hereby given that NMFS National Marine Mammal Laboratory, Seattle, WA, has applied in due form for a permit to conduct research on marine mammals.
B&B Manufacturing Site; Mobile, Mobile County, AL; Notice of Settlement
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the B&B Manufacturing Site located in Mobile, Mobile County, Alabama for publication.
Picayune Wood Treating Site Picayune, Pearl River County, MS; Notice of Settlement
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Picayune Wood Treating Site located in Picayune, Pearl River County, Mississippi for publication.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Grants Chlorinated Solvents Superfund Site, Grants, Cibola County, New Mexico. The settlement requires the Holiday Cleaners and Laundry to pay a total of $1000.00 as payment of response costs to the Hazardous Substances Superfund plus interest. The settlement includes a covenant not to sue pursuant to Section 107 of CERCLA, 42, U.S.C. 9607. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.
Proposed Flood Elevation Determinations
On September 8, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 46074. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Troup County, Georgia, and Incorporated Areas. Specifically, it addresses the flooding source Shoal Creek.
Bus Testing; Calculation of Average Passenger Weight and Test Vehicle Weight
The Federal Transit Administration (FTA) is proposing to amend its bus testing regulation to more accurately reflect average passenger weights and actual transit vehicle loads. Specifically, FTA is proposing to change the average passenger weight from 150 lbs to 175 lbs. In addition, FTA is proposing to change the floor space occupied per standing passenger from 1.5 to 1.75 square feet, and updating the Structural Strength and Distortion test procedures.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Department of Transportation (DOT) has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.).
Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563
Pursuant to Executive Order 13563, ``Improving Regulation and Regulatory Review,'' issued by the President on January 18, 2011, the Department of Homeland Security (Department or DHS) must develop a preliminary plan to facilitate the review of existing DHS significant regulations through the use of retrospective analyses. The preliminary plan will include criteria for identifying existing DHS significant rules that might be modified, streamlined, expanded, or repealed, so as to make DHS's regulatory program more effective or less burdensome in achieving its regulatory objectives. The Department is soliciting views from the public on how best to develop its preliminary plan. The Department is also seeking views from the public on specific existing significant DHS rules that the Department should consider as candidates for modification, streamlining, expansion, or repeal. These efforts will help DHS ensure that its regulations contain necessary, properly tailored, and up-to-date requirements that effectively achieve regulatory objectives without imposing unwarranted costs.
Proposed Flood Elevation Determinations
On December 7, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 75 FR 75945. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Skagit County, Washington and Incorporated Areas. Specifically, it addresses the following flooding sources: Left Bank Overflow Main Stem Skagit River, Left Bank Overflow Main Stem Skagit River/South Fork Skagit River, Left Bank Overflow North Fork Skagit River, Main Stem Skagit River, North Fork Skagit River, Overflow from the Main Stem Skagit River between the North Fork Skagit River and the South Fork Skagit River, Padilla Bay, Right Bank Overflow Main Stem Skagit River, Right Bank Overflow Main Stem Skagit River/North Fork Skagit River, Right Bank Overflow North Fork Skagit River, Right Bank Overflow South Fork Skagit River, Samish Bay, Samish Bay/Padilla Bay, Simlik Bay, Skagit Bay, Skagit Bay/ Swinomish Channel, Skagit River, Skagit River Delta Overbank Flowpath 1, Skagit River Delta Overbank Flowpath 2, Skagit River Delta Overbank Flowpath 3, South Fork Skagit River, and Swinomish Channel.
Agency Information Collection Activities: Proposed Collection; Comment Request, 1660-0103; Property Acquisition and Relocation for Open Space
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed extension, without change, of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Property Acquisition and Relocation for Open Space process as part of the administration of FEMA's mitigation grant programs.
Division of Coal Mine Workers' Compensation; Proposed Extension of Existing Collection; Comment Request
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers' Compensation Programs is soliciting comments concerning the proposed collection: Report of Changes that May Affect Your Black Lung Benefits (CM-929 and CM-929P). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Agency Information Collection Activities: Proposed Collection; Comment Request, 1660-0104; Severe Repetitive Loss (SRL) Appeals
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed extension, without change, of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Severe Repetitive Loss (SRL) Program appeals process.
Massachusetts; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Massachusetts (FEMA-1959-DR), dated March 7, 2011, and related determinations.
New York; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of New York (FEMA-1957-DR), dated February 18, 2011, and related determinations.
Porcelain-on-Steel Cooking Ware From the People's Republic of China: Continuation of Antidumping Duty Order
As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on porcelain- on-steel cooking ware (``POS cookware'') from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.
Connecticut; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Connecticut (FEMA-1958-DR), dated March 3, 2011, and related determinations.
Proposed Flood Elevation Determinations
On September 15, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 47169. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Sanpete County, Utah, and Incorporated Areas. Specifically, it addresses the flooding source South Creek.
Proposed Flood Elevation Determinations
On November 9, 2010, FEMA published in the Federal Register a proposed rule that included erroneous Base Flood Elevation (BFE) location descriptions for the Cartecay River in Gilmer County, Georgia. The location description for the proposed BFE of 1,290 feet, referenced to the North American Vertical Datum of 1988, should have located the proposed BFE as being approximately 1.12 miles upstream of Holt Bridge Road; and the location description for the proposed BFE of 1,519 feet, referenced to the North American Vertical Datum of 1988, should have located the proposed BFE as being approximately 0.24 mile upstream of the Owltown Creek confluence.
Jurisdictional Separations and Referral to the Federal-State Joint Board
Jurisdictional separations is the process by which incumbent local exchange carriers (incumbent LECs) apportion regulated costs between the intrastate and interstate jurisdictions. In this document, the Commission seeks comment on extending the current freeze of part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. Extending the freeze would allow the Commission to provide stability for, and avoid imposing undue burdens on, carriers that must comply with the Commission's separations rules while the Commission considers issues relating to comprehensive reform of the jurisdictional separations process.
Draft Guidance for Industry on Chemistry, Manufacturing, and Controls Information-Fermentation-Derived Intermediates, Drug Substances, and Related Drug Products for Veterinary Medicinal Use; Availability
The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry 216 entitled ``Chemistry, Manufacturing, and Controls (CMC) Information Fermentation-Derived Intermediates, Drug Substances, and Related Drug Products for Veterinary Medicinal Use''. The purpose of this document is to provide recommendations on what documentation to submit to support the CMC information for fermentation-derived intermediates, drug substances, and related drug products for veterinary medicinal use.
Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 026
The Food and Drug Administration (FDA) is announcing a publication containing modifications the Agency is making to the list of standards FDA recognizes for use in premarket reviews (FDA recognized consensus standards). This publication, entitled ``Modifications to the List of Recognized Standards, Recognition List Number: 026'' (Recognition List Number: 026), will assist manufacturers who elect to declare conformity with consensus standards to meet certain requirements for medical devices.
Radio Broadcasting Services; Hebbronville, TX
This document requests comments on a petition for rulemaking filed by Charles Crawford, proposing the substitution of Channel 282A for vacant Channel 232A at Hebbronville, Texas. The proposed substitution of Channel 282A at Hebbronville accommodates the hybrid application, which requests the substitution of Channel 232A for Channel 282A at Benavides, Texas. See File No. BNPH-20070502ADP. A staff engineering analysis indicates that Channel 282A can be allotted to Hebbronville consistent with the minimum distance separation requirements of the Rules with a site restriction 11 kilometers (6.8 miles) northwest of the community. The reference coordinates are 27-23- 18 NL and 98-44-26 WL. The proposed Channel 282A at Hebbronville is located 320 kilometers from the Mexican Border. Therefore, Mexican concurrence has been requested.
Office of Federal High-Performance Green Buildings (OFHPGB); Notice of GSA Bulletin OFHPGB 2011-OGP-1
This bulletin informs all agencies incurring expenses for energy efficient building investments made in government-owned buildings of useful information available to them from GSA's Policy on Energy Efficient Commercial Buildings Tax Deduction. GSA Bulletin OFHPGB 2011-OGP-1 may be found at https://www.gsa.gov/portal/content/ 221677.
Notice of Submission of Proposed Information Collection to OMB Economic Opportunities for Low and Very Low Income Persons
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. This information collection will facilitate the collection of Section 3 information to assess the impact of HUD-assisted activities on enhancing the economic opportunities for lower persons and the use of businesses that employ low-income persons.
Notice of Submission of Proposed Information Collection to OMB Compliance Inspection Report/Mortgagee's Assurance of Completion
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. Information collected ensures newly built homes financed with FHA mortgage insurance are constructed in accordance with acceptable building standards and that deficiencies found in newly constructed and existing dwellings are corrected.
Ultra-Deepwater Advisory Committee
This notice announces a meeting of the Ultra-Deepwater Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Notice of Submission of Proposed Information Collection to OMB Technical Suitability of Products Program
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. This information is required under HUD's Technical Suitability of Products Program to determine the acceptance of materials and products to be used in structures approved for mortgages insured under the National Housing Act. Respondents are manufacturers seeking acceptance of their products by HUD.
Notice of Submission of Proposed Information Collection to OMB Requirement for Contractors to provide Certificates of Insurance for Capital Program Projects
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. Public Housing Agencies must obtain certificates of insurance from contractors and subcontractors before beginning work under either the development of a new low-income public housing project or the modernization of an existing project. The certificates of insurance provide evidence that worker's compensation and general liability, automobile liability insurance are in force before any construction work is started.
Notice of Meeting of the EPA's Children's Health Protection Advisory Committee (CHPAC)
Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held March 30 and 31 at the Arlington Court Suites Hotel, 1200 North Courthouse Road, Arlington, VA. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.
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