April 2011 – Federal Register Recent Federal Regulation Documents

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires inspecting the fuselage surface for corrosion and cracking behind the external adapter plate of the antennae installation, and repair if necessary. This AD was prompted by a report of a crack found behind the external adapter plate of the antennae during inspection. Similar cracking was found on two additional airplanes, and extensive corrosion was found on one airplane. We are issuing this AD to detect and correct corrosion and cracking behind the external adapter plate of the antennae of certain damage-tolerant structure, which could result in reduced structural integrity and consequent rapid depressurization of the airplane.

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.

This proposed rule would establish requirements under section 316(b) of the Clean Water Act (CWA) for all existing power generating facilities and existing manufacturing and industrial facilities that withdraw more than 2 million gallons per day (MGD) of water from waters of the U.S. and use at least twenty-five (25) percent of the water they withdraw exclusively for cooling purposes. The proposed national requirements, which would be implemented through National Pollutant Discharge Elimination System (NPDES) permits, would establish national requirements applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities by setting requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. The proposed rule constitutes EPA's response to the remand of the Phase II existing facility rule and the remand of the existing facilities portion of the Phase III rule. In addition, EPA is also responding to the decision in Riverkeeper I and proposing to remove from the Phase I new facility rule the restoration-based compliance alternative and the associated monitoring and demonstration requirements. EPA expects this proposed regulation would minimize adverse environmental impacts, including substantially reducing the harmful effects of impingement and entrainment. As a result, the Agency anticipates this proposed rule would help protect ecosystems affected by cooling water intake structures and preserve aquatic organisms and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities.

The U.S. Department of Education (Department) has set a goal for the United States to lead the world in completion of postsecondary education by 2020. The Department recognizes that the most significant in-school-factor in a student's education is his or her teacher, and wants to encourage a large and diverse group of high-performing individuals to pursue a career in teaching. As one strategy to reach this goal, the Department launched the TEACH Campaigna national teacher recruiting effort with the goal of contributing to a high-performing and more diverse teaching force by linking prospective teachers to opportunities for preparation, licensure, and employment. Through a contract, the Department launched the TEACH Campaign using traditional media, digital media, social networking, and direct outreach and follow-up activities with potential and current teachers, and supported it with a Web-based portal (https://www.teach.gov, and associated social networking accounts with YouTube, Twitter, and Facebook, collectively referred to as the ``Web Portal'') that is available for use by potential and currently employed teachers for free. The TEACH Campaign (i) targets individuals between the ages of 18 and 25, especially those who are potential high- performers and are among populations under-represented in the teaching profession or are individuals interested in teaching English learners, students with disabilities, or in the fields of science, technology, engineering, and mathematics (STEM) in underserved communities (the targeted populations), (ii) strives to enhance public perception of teachers, and (iii) develops support for new and already-practicing teachers. The TEACH Campaign, which is supported through the Web Portal, is based on a comprehensive strategic communications plan, which includes a clear and identifiable ``brand,'' celebrity and teacher public service announcements that are disseminated through multiple formats (e.g., traditional media, digital media, and social networks), and direct outreach and follow-up activities with potential teachers. The Web Portal is designed to improve the recruitment, training, mentoring, retention, and placement of teachers. The Department plans to transfer ownership and operation of the TEACH Campaign, including the recruiting effort and the Web Portal, to an entity or to a group of entities that enter into an agreement to collaborate, form a consortium, or establish a partnership (entity) that works outside of the Federal Government and that would, with its own resources, execute and continuously improve an excellent and effective teacher recruiting effort, continuously improve a highly visible and useful Web Portal, and continue to make the Web Portal available at all times to potential and currently employed teachers for free. Through this notice, we are inviting proposals from entities interested in owning and operating the TEACH Campaign, including the recruiting effort and the Web Portal.

The Assistant Secretary for Elementary and Secondary Education announces priorities, requirements, definitions, and selection criteria under the Enhanced Assessment Instruments Grant program, also called the Enhanced Assessment Grants (EAG) program. The Assistant Secretary may use one or more of these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2011 and later years. We take these actions to focus Federal financial assistance on the pressing need to improve the assessment instruments and systems used by States to accurately measure student academic achievement and growth under the Elementary and Secondary Education Act of 1965, as amended (ESEA).

The Department of Education (Department) gives notice that on December 15, 2010 an arbitration panel rendered a decision in the matter of Richard Thelen v. Michigan Commission for the Blind, Case no. R-S/08-7. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Richard Thelen.

The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. CW-018) that grants to LG Electronics U.S.A., Inc. (LG) a waiver from the DOE clothes washer test procedure for determining the energy consumption of clothes washers for the basic models set forth in its petition for waiver. Under today's decision and order, LG shall be required to test and rate these clothes washers with larger clothes containers using an alternate test procedure that takes the larger capacities into account when measuring energy consumption.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. 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.

This notice constitutes an open call to the public to submit nominations for membership on the Environmental Management Advisory Board.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada. 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.

The FTC and DOJ (the ``Agencies'') are proposing an enforcement policy regarding the application of the antitrust laws to health care collaborations among otherwise independent providers and provider groups, formed after March 23, 2010, the date on which the Patient Protection and Affordable Care Act was enacted, that seek to participate, or have otherwise been approved to participate, as accountable care organizations (ACOs) under the Medicare Shared Savings Program, Section 3022 of the Affordable Care Act (Patient Protection and Affordable Care Act, Public Law 111-48 (2010) and the Health Care and Education Reconciliation Act of 2010, Public Law 111-52 (2010)).

The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1028, Application for Recognition of Exemption Under Section 521 of the Internal Revenue Code.

The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8848, Consent to Extend the Time To Assess the Branch Profits Tax Under Regulations Sections 1.884-2(a) and (c).

NMFS has received an application from United Launch Alliance (ULA), for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting Delta Mariner operations, cargo unloading activities, and harbor maintenance activities related to the Delta IV/Evolved Expendable Launch Vehicle (Delta IV/EELV) at south Vandenberg Air Force Base, CA (VAFB). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to ULA to incidentally harass, by Level B harassment only, three species of marine mammals during the specified activity.

Notice is hereby given that NMFS has received a scientific research permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research is intended to increase knowledge of the species and to help guide management and conservation efforts. The application and related documents may be viewed online at: https://apps.nmfs.noaa.gov/preview/previewopen forcomment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 825-5186 or fax (707) 825-4840.

Notice is hereby given that NMFS has received eight scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https:/ /apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm.

On April 13, 2011, the Department of Education published a 30- day comment period notice in the Federal Register (Page 20635, Column 3) seeking public comment for an information collection entitled, ``Study of the Distribution of Teacher Effectiveness.'' The title is hereby corrected to ``Teacher Quality Distribution Study.'' The Director, Information Collection Clearance Division, Information Management and Privacy Services, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from the United Water Conservation District (United) in Santa Paula, California. The requested permit would affect the endangered Southern California (SC) Distinct Population Segment (DPS) of steelhead (Oncorhynchus mykiss). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-1961-DR), dated 03/23/2011. Incident: Severe winter storm and snowstorm. Incident Period: 01/31/2011 through 02/05/2011. Effective Date: 04/11/2011. Physical Loan Application Deadline Date: 05/23/2011. Economic Injury (EIDL) Loan Application Deadline Date: 12/23/2011.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: 1. Name of Committee: Defense Advisory Committee on Military Personnel Testing. 2. Date: Thursday, May 19, 2011 and Friday, May 20, 2011. 3. Time: From 8:30 a.m. to 4 p.m. on Thursday and 8:30 to Noon on Friday. 4. Location: The meeting will be held at the Hyatt Miami at the Blue, 5300 NW. 87th Avenue, Miami, FL 33178. 5. Purpose of the Meeting: The purpose of the meeting is to review planned changes and progress in developing computerized and paper-and- pencil tests for enlistment. 6. Agenda: The agenda includes an overview of current enlistment test development timelines and planned research for the next 3 years. 7. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. 8. Committee's Designated Federal Officer or Point of Contact: Dr. Jane M. Arabian, Assistant Director, Accession Policy, Office of the Under Secretary of Defense (Personnel and Readiness), Room 3D1066, The Pentagon, Washington, DC 20301-4000, telephone (703) 697-9271.