April 7, 2011 – Federal Register Recent Federal Regulation Documents
Results 101 - 131 of 131
Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009
In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the Cambridge Housing Authority of Cambridge, MA for the purchase and installation of energy efficient hot water baseboards at the Cambridge Affordable Presidential Apartments, the Housing Authority of the City of Bowling Green in Bowling Green Missouri for the purchase and installation of dual flush toilets at the Bowling Green High Rise Apartments. An exception was also granted to the Housing Authority of the City of Runge in Runge, Texas, for the purchase and installation of ceiling fans in eleven scattered sites.
Safety Advisory 2011-01
FRA is issuing Safety Advisory 2011-01 to remind each railroad and railroad employees of the importance of compliance with Federal regulations and railroad operating rules regarding rolling equipment being left in a location that is clear of any adjacent tracks. This safety advisory contains various recommendations to railroads to ensure that this issue is addressed by appropriate policies and procedures, and receives employee compliance.
Publication of Inflation Adjustment Factor, Nonconventional Source Fuel Credit, and Reference Price for Calendar Year 2010
Publication of the inflation adjustment factor, nonconventional source fuel credit, and reference price for calendar year 2010 as required by section 45K of the Internal Revenue Code (26 U.S.C. 45K). The inflation adjustment factor and reference price are used to determine the credit allowable under section 45K for coke or coke gas (other than from petroleum based products) for calendar year 2010.
Reduction of Foreign Tax Credit Limitation Categories Under Section 904(d)
This document contains final regulations that provide guidance relating to the reduction of the number of separate foreign tax credit limitation categories under section 904(d) of the Internal Revenue Code. Changes to the applicable law were made by the American Jobs Creation Act of 2004 (AJCA) reducing the number of section 904(d) separate categories from eight to two, effective for taxable years beginning after December 31, 2006. The final regulations provide guidance needed to comply with these changes and affect individuals and corporations claiming foreign tax credits.
Intent To Prepare an Environmental Impact Statement for the Downtown San Francisco Ferry Terminal Expansion Project in the City and County of San Francisco, CA
The FTA, as the lead Federal agency, and the San Francisco Bay Area Water Emergency Transportation Authority (WETA) are planning to prepare an EIS for the proposed expansion and improvements to the Downtown San Francisco Ferry Terminal at the Port of San Francisco Ferry Building. The proposed project would serve commuters, visitors, and recreational users desiring an alternative way to cross San Francisco Bay, and reach nearby employment, entertainment, and recreational destinations in San Francisco. The project expands the number of ferry gates and improves ferry patron circulation, boarding, and wayfinding in and around the Ferry Building. In addition, the project enhances emergency response capabilities to evacuate people from San Francisco and/or mobilize first responders to San Francisco via ferries if a catastrophic event occurs. The EIS will be prepared in accordance with Section 102(2)C of the National Environmental Policy Act of 1969 (NEPA) and pursuant to the Council on the Environmental Quality's regulations (40 Code of Federal Regulations [CFR] parts 1500-08) as well as provisions of the recently enacted Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The purpose of this notice is to alert interested parties regarding the intent to prepare an EIS; provide information on the proposed transit project; invite participation in the EIS process, including comments on the scope of the EIS proposed in this notice; and announce when the public scoping meeting will be conducted.
Pilot, Flight Instructor, and Pilot School Certification; Technical Amendment
The FAA is correcting a final rule published on August 21, 2009 (74 FR 42500). In that rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. This document reinstates two paragraphs that were inadvertently removed in one section, and amends an out-of-date cross reference in another section.
Notice of Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for the following projects: (1) Hatcher Pass Recreational Area Access, Trails, and Transit Facilities Project, Matanuska-Susitna Borough, Hatcher Pass, AK; (2) Bus Rapid Transit Project, Roaring Fork Transportation Authority, Pitkin, Eagle, and Garfield Counties, CO; (3) Second Avenue Subway Project, Metropolitan Transportation Authority, New York, NY; and (4) Sugar House Streetcar Project, Utah Transit Authority, South Salt Lake and Salt Lake City, Salt Lake County, UT. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
Submission for OMB Review: Comment Request
The National Endowment for the Humanities (NEH) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval as required by the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling Susan G. Daisey, Director, Office of Grant Management, the National Endowment for the Humanities (202-606-8494) or may be requested by e-mail to sdaisey@neh.gov. Comments should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the National Endowment for the Humanities, Office of Management and Budget, Room 10235, Washington, DC 20503 (202-395-7316), within 30 days from the date of this publication in the Federal Register.
Galvanized Steel Wire From China and Mexico
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing Investigation Nos. 701-TA-479 and 731-TA-1183-1184 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China and Mexico of galvanized steel wire, provided for in subheading 7217.20.30 and 7217.20.45 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by May 16, 2011. The Commission's views are due at Commerce within five business days thereafter, or by May 23, 2011. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
Certain Stilbenic Optical Brightening Agents From China and Taiwan
The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping investigation Nos. 731-TA-1186-1187 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China and Taiwan of certain stilbenic optical brightening agents, provided for in subheading 3204.20.80 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by May 16, 2011. The Commission's views are due at Commerce within five business days thereafter, or by May 23, 2011. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
Cathryn Lyn Chatman (also known as Cathryn Lyn Garcia): Debarment Order
The Food and Drug Administration (FDA) is issuing an order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring Cathryn Lyn Chatman (also known as Cathryn Lyn Garcia) for 5 years from providing services in any capacity to a person that has an approved or pending drug product application. FDA bases this order on findings that Ms. Chatman was convicted of a misdemeanor under Federal law for conduct relating to the regulation of a drug product under the FD&C Act and that the type of conduct underlying the conviction undermines the process for the regulation of drugs. Ms. Chatman was given notice of the proposed debarment and an opportunity to request a hearing within the timeframe prescribed by regulation. Ms. Chatman failed to respond. Ms. Chatman's failure to respond constitutes a waiver of her right to a hearing concerning this action.
FCC To Hold Open Commission Meeting, Thursday, April 7, 2011
The Commission will consider an Order that reforms the Commission's access, rates, and enforcement rules for utility pole attachments, reducing barriers to deployment and availability of broadband and other wireline and wireless services, and promoting competition. 2 Wireline Competition Title: Acceleration of Broadband and Wireless Deployment: Expanding the Reach and Telecommunications. Reducing the Cost of Broadband Deployment by Improving Policies Regarding Government Rights of Way and Wireless Facilities Siting. Summary: The Commission will consider a Notice of Inquiry seeking comment on key challenges and best practices in expanding the reach and reducing the cost of broadband deployment, including by improving policies for access to government rights of way and wireless facility siting requirements. 3 Wireless Title: Reexamination of Roaming Telecommunications. Obligations of Commercial Mobile Radio Service Providers and Other Providers of Mobile Data Services (WT Docket No. 05- 265). Summary: The Commission will consider a Second Report and Order that adopts a rule requiring facilities-based providers of commercial mobile data services to offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations. 4 Public Safety and Title: Reliability and Continuity of Homeland Security. Communications Networks, Including Broadband Technologies; Effects on Broadband Communications Networks of Damage or Failure of Network Equipment or Severe Overload (PS Docket No. 10-92); Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks (EB Docket No. 06-119). Summary: The Commission will consider a Notice of Inquiry seeking comment on existing reliability standards for communications networks, including broadband networks, and ways to further strengthen the reliability and continuity of communications networks to avoid disruptions of service during major emergencies, such as large-scale natural and manmade disasters. 5 Wireless Title: Amending Parts 1, 2, 22, 24, 27, 90 Telecommunications. and 95 of the Commission's Rules to Improve Wireless Coverage Through the Use of Signal Boosters. Summary: The Commission will consider a Notice of Proposed Rulemaking that will help to fill gaps in wireless coverage and expand broadband in rural and difficult-to-serve areas, while protecting wireless networks from harm. 6 Consumer & Title: Structure and Practices of the Governmental Affairs. Video Relay Service Program (CG Docket No. 10-51). Summary: The Commission will consider a Report and Order that will adopt rules to detect and prevent fraud and abuse in the provision of video relay service (``VRS''). Also, a Further Notice of Proposed Rulemaking Proposes to require all VRS providers to obtain certification from the FCC under new, tighter certification procedures in order to receive compensation from the TRS Fund.
Video Programming and Accessibility Advisory Committee; Announcement of Date of Next Meeting
This document announces the next meeting of the Video Programming Accessibility Advisory Committee (``Committee'' or ``VPAAC''). The meeting will address the provision of closed captioning of Internet programming previously captioned on television, video description of television programming, accessible emergency information for people with vision disabilities delivered over video programming, video programming devices that can render closed captioning and video description, and accessible user interfaces, menus, and programming guides on video programming devices.
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2011 Final Wage Indices Implementing the Medicare and Medicaid Extenders Act
This notice contains the final fiscal year (FY) 2011 wage indices and hospital reclassifications and other related tables which reflect changes required by or resulting from the implementation of section 102 of the Medicare and Medicaid Extenders Act of 2010. MMEA requires the extension of the expiration date for certain geographic reclassifications and special exception wage indices through September 30, 2011.
Response to Petition From New Jersey Regarding SO2
In this action, EPA proposes to make a finding that the coal- fired Portland Generating Station (Portland Plant) in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the interstate transport provisions of the Clean Air Act (CAA or Act). Specifically, EPA is proposing to find that emissions of sulfur dioxide (SO2) from the Portland Plant significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. This finding is proposed in response to a petition submitted by the State of New Jersey Department of Environmental Protection (NJDEP) on September 17, 2010. In this action, EPA is also proposing emission limitations and compliance schedules to ensure that the Portland Plant will no longer significantly contribute to nonattainment, and no longer interfere with maintenance of the 1- hour SO2 NAAQS, thereby permitting continued operation of the Portland Plant beyond the 3-month limit established by the CAA for sources subject to such a finding.
Passenger Weight and Inspected Vessel Stability Requirements
On December 14, 2010, the Coast Guard amended its regulations governing the maximum weight and number of passengers that may safely be permitted on board a vessel and other stability regulations, including increasing the Assumed Average Weight per Person (AAWPP) to 185 lb. The amendment triggered new information collection requirements affecting documentation needed from certain inspected vessels as part of the Coast Guard commercial vessel safety program. This document announces that the Office of Management and Budget (OMB) approved changes to the collections of information with control numbers 1625- 0057 and 1625-0064, which will now be enforced.
Finding of No Significant Impact (FONSI) for the Beaumont Layberth Facility
Notice is hereby given that the Maritime Administration, of the U.S. Department Transportation (US DOT) has made available to interested parties the Finding of No Significant Impact (FONSI) for the Beaumont Layberth Facility. An environmental assessment (EA) and FONSI have been prepared pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) in accordance with the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR 1500-1508). The purpose of the EA is to evaluate the potential environmental impacts from the construction of a Layberth facility that can accommodate eight Large Medium Speed Roll-on/Roll-off sized vessels at the Beaumont National Defense Reserve Fleet anchorage. A preliminary cost feasibility assessment determined that building a permanent Layberth facility would be more cost-effective over the long term than using commercial Layberth facilities.
Medicare Program; Waiver Designs in Connection With the Medicare Shared Savings Program and the Innovation Center
Section 1899(f) of the Social Security Act (of the Act), as added by the Affordable Care Act (ACA) authorizes the Secretary to waive certain fraud and abuse laws as necessary to carry out the provisions of section 1899 of the Act (the Medicare Shared Savings Program). This notice with comment period describes and solicits public input regarding possible waivers of the application of the Physician Self-Referral Law, the Federal anti-kickback statute, and certain civil monetary penalties (CMP) law provisions to specified financial arrangements involving accountable care organizations (ACOs) under the Medicare Shared Savings Program. In addition, section 1115A(d)(1) of the Act, as added by section 3021 of the ACA, authorizes the Secretary to waive the same fraud and abuse laws, among others, as necessary solely for the purposes of carrying out the provisions of section 1115A of the Act with respect to the testing of certain innovative payment and service delivery models by the Center for Medicare and Medicaid Innovation. This notice with comment period also solicits public input regarding that separate waiver authority.
Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations
This proposed rule would implement section 3022 of the Affordable Care Act which contains provisions relating to Medicare payments to providers of services and suppliers participating in Accountable Care Organizations (ACOs). Under these provisions, providers of services and suppliers can continue to receive traditional Medicare fee-for-service payments under Parts A and B, and be eligible for additional payments based on meeting specified quality and savings requirements.
Television Broadcasting Services; El Paso, TX
The Commission grants a petition for rulemaking issued in response to a petition for rulemaking filed by Comcorp of El Paso License Corp. (``Comcorp''), the licensee of KTSM-TV, channel 9, El Paso, Texas, requesting the substitution of channel 16 for channel 9 at El Paso. Comcorp states that this channel substitution is necessary because KTSM-TV has experienced significant technical difficulties since the station terminated its analog service and transitioned to post-transition channel 9 and believes channel 16 will allow better broadcast service to the public.
Television Broadcasting Services; Jackson, MS
The Commission grants a petition for rulemaking issued in response to a petition for rulemaking filed by George S. Flinn, Jr. (``Flinn''), the licensee of WWJX, channel 51, Jackson, Mississippi, requesting the substitution of channel 23 for channel 51 at Jackson. Flinn raises concerns regarding potential interference that may occur to Long Term Evolution cellular base stations operating on adjacent channel spectrum and believes substituting channel 23 for channel 51 will better serve the public interest.
Direct Investment Surveys: Alignment of Regulations With Current Practices
The Bureau of Economic Analysis (BEA) proposes to amend its regulations related to direct investment surveys. Specifically, BEA proposes to eliminate reporting requirements for several direct investment surveys that are no longer necessary because the information is collected on other surveys of direct investment conducted by BEA. The surveys that would be eliminated from the regulations are: a survey of foreign direct investment in the U.S. seafood industry (BE-21), two schedules of expenditures for property, plant, and equipment of U.S. direct investment abroad (BE-133B and BE-133C), and two industry classification questionnaires (BE-507 and BE-607). In addition, BEA proposes to eliminate the reporting requirements for two surveys of new foreign direct investment in the United States (BE-13 and BE-14). BEA suspended collection of these surveys in 2009 in order to align its international survey program with available resources. BEA also proposes other minor revisions to its regulations to eliminate outdated information.
Privacy Act of 1974; Amendment of Privacy Act System of Records
In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA) is amending an existing Forest Service Privacy Act system of records, USDA/FS-3, Uniform Allowance System.
Endangered and Threatened Wildlife and Plants; Endangered Status for Dunes Sagebrush Lizard
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the December 14, 2010, proposed rule to list the dunes sagebrush lizard (Sceloporus arenicolus) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties another opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We will also hold two public informational sessions and hearings (see DATES and ADDRESSES sections).
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