April 18, 2011 – Federal Register Recent Federal Regulation Documents
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Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Notice of Proposed Information Collection Requests
The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Notice of Availability for Final PEA and Draft FONSI
Pursuant to Section (102)(2)(c) of the National Environmental Policy Act of 1969 (NEPA) (42 United States Code 4321), as implemented by the Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 Code of Federal Regulations [CFR] Parts 1500-1508), and Marine Corps NEPA directives (Marine Corps Order P5090.2A), the Department of the Navy announces the availability of, the Final Programmatic Environmental Assessment (PEA) and draft Finding of No Significant Impact (FONSI) for the development and operation of small-scale wind energy projects at United States Marine Corps (USMC) facilities throughout the Continental United States (CONUS). It is anticipated that site-specific NEPA analysis may be tiered off this document, as appropriate. Dates and Addresses: The waiting period for the Final PEA and FONSI will end 30 days after publication of a Notice of Availability in the Federal Register. The Final PEA and draft FONSI are available for electronic viewing at https://marines.mil/unit/marforres/ MFRHQ/FACILITIES/FACILITIES.aspx, or by sending a request to Alain Flexer, USMC Marine Forces Reserves (MARFORRES), by telephone 504-678-8489, by fax 504-678-6823, by e-mail to alain.flexer@usmc.mil or by writing to: MARFORRES, Facilities, Attn: Alain Flexer, 4400 Dauphine Street, New Orleans, Louisiana 70146-5400.
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Navigation Safety Advisory Council
The Navigation Safety Advisory Council (NAVSAC) will meet on May 4-5, 2011, in Arlington, Virginia. The meeting will be open to the public.
U.S. Travel and Tourism Advisory Board: Meeting of the U.S. Travel and Tourism Advisory Board
This notice sets forth the schedule and agenda for an open meeting of the U.S. Travel and Tourism Advisory Board (Board). The agenda may change to accommodate Board business. The final agenda will be posted on the Department of Commerce Web site for the Board at https://tinet.ita.doc.gov/TTAB/TTAB_Home.html.
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Missouri; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1961-DR), dated March 23, 2011, and related determinations.
Fisheries of the Exclusive Economic Zone Off Alaska; Catch Accounting in the Longline Catcher/Processor Pacific Cod Fishery
NMFS announces a workshop to solicit input from owners and operators of longline catcher/processors (freezer longliners) engaged in the Pacific cod fisheries off Alaska. The workshop concerns proposed changes to equipment and operational requirements for monitoring catch under a voluntary cooperative. The workshop is open to the public, but NMFS is particularly seeking participation by people who are knowledgeable about the operations of Pacific cod freezer longliners and who can discuss with NMFS the potential operational impacts of proposed monitoring requirements.
Hawaii; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Hawaii (FEMA-1967-DR), dated April 8, 2011, and related determinations.
North Dakota; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of North Dakota (FEMA-3318-EM), dated April 7, 2011, and related determinations.
Wisconsin; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Wisconsin (FEMA-1966-DR), dated April 5, 2011, and related determinations.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Changes in Flood Elevation Determinations
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Proposed Flood Elevation Determinations
On December 28, 2007, 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 72 FR 73732. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Racine County, Wisconsin, and Incorporated Areas. Specifically, it addresses the following flooding sources: Bartlett Branch, Chicory Creek, East/West Canal, Fonk's Tributary, Kilbourn Road Ditch, Lamparek Creek, Nelson Creek, North Cape Lateral, Pike River, Root River, Sorenson Creek, Union Grove Industrial Tributary, Unnamed Tributary No. 18 to Kilbourn Road Ditch, Unnamed Tributary No. 2 to West Branch Root River Canal, Unnamed Tributary No. 37 to Des Plaines River, Unnamed Tributary No. 38 to Des Plaines River, Unnamed Tributary No. 39 to Des Plaines River, Unnamed Tributary to Unnamed Tributary No. 2 to West Branch Root River Canal, and Waxdale Creek.
Changes in Flood Elevation Determinations
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
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).
Twenty-First Century Communications and Video Programming Accessibility Act; Announcement of Town Hall Meeting
In this document, the Commission announces that it held a Town Hall meeting on The Twenty-First Century Communications and Video Programming Accessibility Act (the Act or CVAA) hosted by the California State University at Northridge (CSUN). The Town Hall meeting provided an orientation to the Act, and discussed the advanced communications and video programming changes required by the Act.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Emergency Access Advisory Committee; Announcement of Establishment, and of Members and Co-Chairpersons, and Announcement of Date of First Meeting
The Federal Communication Commission published a document in the Federal Register on December 15, 2010 (75 FR 78244), announcing the establishment of the Emergency Access Advisory Committee (hereinafter ``the Committee'' or ``EAAC'') pursuant to The Twenty-First Century Communications and Video Accessibility Act (``CVAA''), the date of the first meeting, and further announced the membership of the Committee. The Notice contained incorrect and/or omitted names of members or their affiliations and did not designate alternates.
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons
The Department of Homeland Security is finalizing guidance to recipients of Federal financial assistance regarding Title VI's prohibition against national origin discrimination affecting persons with limited English proficient persons. This guidance is issued pursuant to Executive Order 13166 and is consistent with government- wide guidance previously issued by the Department of Justice.
Privacy Act of 1974; System of Records
The Defense Logistics Agency is proposing to amend a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Closed Meeting of the Defense Science Board
The Defense Science Board will meet in closed session on May 11-12, 2011; at the Pentagon, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security. In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App. 2) and 41 CFR 102- 3.155, the Department of Defense has determined that these Defense Science Board Quarterly meetings will be closed to the public. Specifically, the Under Secretary of Defense (Acquisition, Technology and Logistics), with the coordination of the DoD Office of General Counsel, has determined in writing that all sessions of these meetings will be closed to the public because they will be concerned throughout with matters listed in 5 U.S.C. 552b(c)(1). Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.
Renewal of Department of Defense Federal Advisory Committees
Under the provisions of 10 U.S.C. 7102(d) and the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(a), the Department of Defense gives notice that it is renewing the charter for the Board of Visitors, Marine Corps University (hereafter referred to as the Board). The Board is a non-discretionary Federal advisory committee that shall provide the Secretary of Defense through the Secretary of the Navy and the Commanding General, Marine Corps Combat Development Command, independent advice and recommendations on matters pertaining to: a. U.S. Marine Corps Professional Military Education; b. All aspects of the academic and administrative policies of the Marine Corps University (hereafter referred to as the University; c. Higher education and standards and cost effective operations of the University; and d. The operation and accreditation of the National Museum of the Marine Corps. The Secretary of the Navy, unless otherwise directed by statute, may act upon the Board's advice and recommendations. The Board shall be composed of at least nine members, who are eminent authorities in the field of education, and no more than six additional members, who are eminent authorities in the fields of study directly related to the University's mission and goals. Board members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and these individuals shall serve as special government employees. As special government employees, these individuals are appointed to provide advice on behalf of the government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Board members, unless otherwise directed by the Secretary of Defense, shall be appointed by the Secretary of Defense for four-year terms, and their appointments shall be renewed on an annual basis. With the exception of travel and per diem for official travel, Board members shall serve without compensation. The Secretary of Defense authorizes the Board's voting membership to select the Board President. The Board President is subject to annual renewal by the Secretary of Defense, shall serve a two-year term as Board President. With the exception of the President of the Marine Corps University, no full-time or permanent part-time University employee shall serve on the Board. The Secretary of Defense authorizes the President of the Marine Corps University to serve as a non-voting ex officio member of the Board, and his membership shall not count toward the total membership. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission and these subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other appropriate Federal regulations. In addition, the Department of Defense authorizes the Board to maintain two standing subcommitteesthe National Museum of the Marine Corps Subcommittee and the Executive Subcommittee. Such subcommittees shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board, nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. The Board President, unless otherwise directed by the Secretary of Defense, may select any Secretary of Defense appointed member of the Board of Visitors, Marine Corps University to serve on the Board's subcommittees. If additional subcommittee members are required, then the Board president, in consultation with the Designated Federal Officer, may request that additional members be appointed by the Department of Defense. Subcommittee members, who are not Board members, shall be appointed in the same manner as the Board members. Such individuals, if not full- time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. With the exception of the president of the Marine Corps University, no full-time or permanent part-time University employees shall serve on any subcommittee. Subcommittee members, unless otherwise directed by the Secretary of Defense, shall be appointed by the Secretary for four-year terms, and their appointments shall be renewed on an annual basis. With the exception of travel and per diem for official travel, subcommittee members shall serve without compensation. The National Museum of the Marine Corps Subcommittee shall be composed of not more than five members who are eminent authorities in the fields related to museum management, including, but not limited to, areas related to: Public trust and accountability; mission and planning; leadership and organization; collections stewardship; education and interpretation; financial stability; and facilities and risk management. The membership of the National Museum of the Marine Corps Subcommittee shall be in addition to the Board's membership. The Executive Subcommittee shall be composed of not more than four members, and these individuals shall be officers or former officers of the Board membership. Specifically, they shall be the Board's president, the President-elect, the past President, and the Secretary of the Board. The Executive Subcommittee shall meet to discuss only administrative or preparatory matters that may occur between regularly scheduled Board meetings, and do not require deliberation by the full Board membership. The Secretary of Defense authorizes the President of the Marine Corps University to serve as a non-voting ex-officio member of the Executive Subcommittee. In addition, the Secretary of Defense authorizes the Director of the National Museum of the Marine Corps to serve as a non-voting ex officio member of the National Museum of the Marine Corps Subcommittee. These appointments shall not count toward the subcommittee's total membership.
Closed Meeting of the Department of Defense Wage Committee
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meetings of the Department of Defense Wage Committee will be held on Tuesday, May 3, 2011, Tuesday, May 17, 2011, and Tuesday, May 31, 2011, at 10 a.m. at 1400 Key Boulevard, Level A, Room A101, Rosslyn, Virginia 22209. Under the provisions of section 10(d) of Public Law 92-463, the Department of Defense has determined that the meetings meet the criteria to close meetings to the public because the matters to be considered are related to internal rules and practices of the Department of Defense and the detailed wage data to be considered were obtained from officials of private establishments with a guarantee that the data will be held in confidence. However, members of the public who may wish to do so are invited to submit material in writing to the chairman concerning matters believed to be deserving of the Committee's attention. Additional information concerning the meetings may be obtained by writing to the Chairman, Department of Defense Wage Committee, 4000 Defense Pentagon, Washington, DC 20301-4000.
Privacy Act of 1974; Department of Homeland Security/Office of Health Affairs-001 Contractor Occupational Health and Immunization Records System of Records
In accordance with the Privacy Act of 1974 the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records notice titled, ``Department of Homeland Security/Office of Health Affairs001 Contractor Occupational Health and Immunization Records System of Records.'' This system collects occupational health and immunization management records. These records are collected as part of the Directorate of Science and Technology's Laboratories and field sites occupational health surveillance operations, in support of the Office of Health Affair's responsibilities for medical and health matters. This newly established system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Consolidation of System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate one Privacy Act system of records notice from its inventory of record systems titled, Department of Homeland Security/Directorate of Science and Technology.0001 Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, September 26, 2003, into the existing Department of Homeland Security system of records notice titled, Department of Homeland Security/ALL002 Mailing and Other Lists System, November 25, 2008.
Marine Mammals; File No. 14326 and 14329
Notice is hereby given that the following permit holders have applied for amendments to Scientific Research Permits for taking marine mammals: NMFS National Marine Mammal Laboratory, Seattle, WA (File No. 14326) and North Pacific Universities Marine Mammal Research Consortium (NPUMMRC), University of British Columbia, Vancouver, B.C., Canada (File No. 14329).
Nectarines and Peaches Grown in California; Suspension of Handling Requirements
This rule suspends the quality, inspection, reporting, and assessment requirements specified under the California nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California. During recent referenda, less than the required two-thirds majority of growers, by number and production volume, favored continuation of the orders. After consideration of the referendum results and other factors, the Department of Agriculture (USDA) has decided to seek termination of the orders. Suspension of the handling regulations for the 2011 and subsequent marketing seasons will relieve handlers of all regulatory burden under the orders while USDA processes the terminations. Termination of the orders must be delayed until after a 60-day Congressional notification period following issuance of a proposed rule, which will be published in a future issue of the Federal Register.
Notice of Issuance of Final Determination Concerning Certain Office Workstations
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain office workstations. Based upon the facts presented, CBP has concluded in the final determination that the U.S. is the country of origin of the office workstations for purposes of U.S. government procurement.
Plant Variety Protection Board; Open Meeting
This notice is intended to notify the public of their opportunity to attend an open meeting of the Plant Variety Protection Board.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 21 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 40 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for DriveCam, Inc.
FMCSA renews the exemption requested by DriveCam, Inc. (DriveCam) which allows the placement of video event recorders at the top of the windshields on commercial motor vehicles (CMVs). CMVs may continue to use the video event recorders to increase safety through (1) identification and remediation of risky driving behaviors such as distracted driving and drowsiness; (2) enhanced monitoring of passenger behavior for CMVs in passenger service; and (3) enhanced collision review and analysis. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption. However, FMCSA also solicits comments and information on the exemption, especially from anyone who believes this standard will not be maintained.
Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Termination of Marketing Order 924
This final rule terminates the Federal marketing order regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and the rules and regulations issued thereunder. The Department of Agriculture (USDA) has determined that the marketing order is no longer an effective marketing tool for the fresh prune industry, and that termination best serves the current needs of the industry while also eliminating the costs associated with the operation of the marketing order.
Notice of Request for Extension and Revision of a Currently Approved Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces that the Agricultural Marketing Service (AMS) intends to request approval from the Office of Management and Budget of a revision to a currently approved information collection ``Laboratory Approval Programs'' in support of U.S. agricultural commodities.
Meetings of The United States-Peru Environmental Affairs Council, Environmental Cooperation Commission and Sub-Committee on Forest Sector Governance
The Department of State and the Office of the United States Trade Representative (USTR) are providing notice that the United States and Peru intend to hold the third meeting of the Sub-Committee on Forest Sector Governance (the ``Sub-Committee'') and the second meeting of the Environmental Affairs Council (the ``Council'') on April 27, 2011, and the first meeting of the Environmental Cooperation Commission (the ``Commission'') on April 28, 2011. Public information sessions for the Council, Commission and Sub-Committee also will be held on April 28th at 3 p.m. at 1724 F St., NW., Washington, DC. The purpose of the meetings is to review implementation of: Chapter 18 (Environment) of the United States-Peru Trade Promotion Agreement (PTPA); the PTPA Annex on Forest Sector Governance (Annex 18.3.4); the United States-Peru Environmental Cooperation Agreement (ECA); and the 2009-2010 Work Program under the ECA. Also, the Commission will formally define and adopt the 2011-2014 Work Program. The Department of State and USTR invite interested organizations and members of the public to attend the public sessions and to submit written comments or suggestions regarding implementation of Chapter 18, Annex 18.3.4, the ECA, and the 2009-2010 and 2011-2014 Work Programs, and any items that should be included on the meetings' agendas. If you would like to attend the public sessions, please send the following information to Tiffany Prather and Amy Karpel at the e-mail addresses or fax numbers listed below under the heading ADDRESSES: (1) Name, (2) date of birth, and (3) the identification number from any valid government-issued identification. In preparing comments, submitters are encouraged to refer to: Chapter 18 of the PTPA, including Annex 18.3.4; The Final Environmental Review of the PTPA; The ECA; and The 2009-2010 Work Program. These documents are available at: https://www.ustr.gov and https:// www.state.gov/g/oes/env/trade/peru/index.htm.
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