April 2011 – Federal Register Recent Federal Regulation Documents

EPA's Regional Offices are proposing for public comment the draft National Pollutant Discharge Elimination System general permit for stormwater discharges from large and small construction activities. This draft construction general permit includes new requirements that implement the technology-based Effluent Limitation Guidelines and New Source Performance Standards, which were issued by EPA for the construction and development industry on December 1, 2009. The draft permit also includes new water quality-based requirements for construction sites discharging stormwater to waters requiring additional pollutant control. EPA proposes to issue this construction general permit for five (5) years, and to provide permit coverage to eligible existing and new construction projects in all areas of the country where EPA is the National Pollutant Discharge Elimination System permitting authority, including Idaho, Massachusetts, New Hampshire, and New Mexico, Indian Country Lands, Puerto Rico, Washington, DC, and U.S. territories and protectorates.

EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 propose to modify the 2008 National Pollutant Discharge Elimination System (NPDES) general permits for stormwater discharges associated with construction activity in order to extend until January 31, 2012 the expiration date of the permit. Hereinafter, these NPDES general permits will be referred to as ``permit'' or ``2008 construction general permit'' or ``2008 CGP.'' This proposed modification would, if finalized, extend the three-year permit so that it expires on January 31, 2012 instead of June 30, 2011. Prior to this proposed extension, EPA modified the 2008 CGP in January 2010 to extend the permit by one year, thus making it a three-year permit. By Federal law, no NPDES permit may be issued for a period that exceeds five years.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is revising its Enforcement Policy to include a provision allowing licensees enforcement discretion if they implement an alternative approach to meet the NRC's requirements for managing worker fatigue at operating nuclear power plants. This interim policy affects licensees subject to the minimum days off (MDO) requirements of the NRC's fitness for duty regulations and will remain in place until the NRC publishes a revised rule associated with the MDO requirements for managing fatigue.

The National Institute of Justice (NIJ) is in the process of developing a new Protective (possibly including both ballistic and riot protection) Helmet Standard and corresponding certification program requirements. This work will be performed by a Special Technical Committee (STC), comprised of practitioners from the field, researchers, testing experts, certification experts, and representatives from stakeholder organizations. It is anticipated that the STC members will participate in up to twelve 2-day meetings over an 18-month time period with the goal of completing development of the standard and certification program requirements. It is anticipated that STC meetings will begin in June 2011. Travel expenses and per diem will be reimbursed for all STC meetings; however, participation time will not be funded. NIJ is seeking representatives from (1) certification bodies and (2) test laboratories with experience in programs for similar types of personal protective equipment. Additional preferred knowledge includes experience with ballistic testing or experience with law enforcement operations. There are up to four positions to be filled on the STC, and NIJ will accept the first 20 submissions for review. Interested parties are requested to nominate individuals from their organizations and submit no more than two pages describing the nominee's applicable experience, preferred knowledge, and affiliations with standards development organizations. To be considered, there must not be any conflict of interest in which the proposed STC member has a direct financial relationship with manufacturers of protective helmets. Debra Stoe is the NIJ Program Manager responsible for this work, and Jim Wong is the point of contact for Ms. Stoe. Responses to this request for proposals shall be submitted to Jim Wong at jim.wong@srnl.doe.gov by May 13, 2011. The submissions will be reviewed, and participants will be notified regarding their acceptance by May 20, 2011.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

The National Institute of Justice (NIJ) is hosting an Officer Tracking System Standard Workshop specifically to introduce manufacturers, certification bodies and test laboratories to the new Offender Tracking System Standard that is under development and to receive input and feedback. All participants are strongly encouraged to come prepared to ask questions and to voice suggestions and concerns. The workshop will be held on Thursday, May 12, 2011 from 9 a.m. to 3 p.m. (EST) at the 20 F Street, NW., Conference Center, located at 20 F Street, NW., Washington, DC 20001-6701. The meeting room is the Conference Room B. Space is limited at this workshop, and as a result, we request that each participating organization limit their representatives to no more than two. Participants planning to attend are responsible for their own travel arrangements and lodging. Please visit the Web site below to submit your registration request: https://www.justnet.org/Documents/NIJ-Offender-Tracking-System - Standard-Workshop-Registration-Form.pdf You will receive a response to your request within two (2) business days.

The National Advisory Council will meet on May 11-12, 2011 in Los Angeles, CA. The meeting will be open to the public.

The Food and Drug Administration (FDA) is reclassifying the topical oxygen chamber for extremities (TOCE) from class III to class II. This device is intended to surround a patient's limb and apply humidified oxygen topically at a pressure slightly greater than atmospheric pressure to aid healing of chronic skin ulcers, such as bedsores. This reclassification is on the Secretary of Health and Human Services's own initiative based on new information. This action is being taken under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) as amended by the Medical Device Amendments of 1976 (the 1976 Amendments), the Safe Medical Devices Act of 1990 (the SMDA), and the Food and Drug Administration Modernization Act of 1997 (FDAMA). Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document entitled ``Class II Special Controls Guidance Document: Topical Oxygen Chamber for Extremities,'' which will serve as the special control for this device.

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

We propose to adopt a new airworthiness directive (AD) for certain Model 737-700 series airplanes. This proposed AD would require, for certain airplanes, replacing the seat track pivot link assemblies, seat track sections, and floor panels. For certain airplanes, this proposed AD would also require moving certain rows of passenger seats. For certain other airplanes, this proposed AD would require inspecting certain areas of the seat tracks for damage and corrective actions if necessary, and moving certain rows of passenger seats. This proposed AD results from reports that the aft seat leg fittings span the station (STA) 521.45 stay-out zone. We are proposing this AD to prevent failure of the seat attachment structure and possible injury to passengers during an emergency landing.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay in support of the Bay Ferry II Maritime Security Exercise, a multi-agency exercise that tests the proficiency of teams called upon in real life emergency situations onboard ferries or other vessels in the San Francisco Bay. The temporary safety zone is necessary to provide for the safety of the public and those participating in the exercise, many of whom will be traveling at high speeds while interfacing with law enforcement responders. Persons and vessels are prohibited from entering into, transiting through, or anchoring within the temporary safety zone unless authorized by the Captain of the Port or the Captain of the Port's designated representative.

The National Park Service has prepared a Draft Dog Management Plan and Environmental Impact Statement (Plan/DEIS). The Plan/DEIS evaluates six alternatives for dog management in 21 areas of Golden Gate National Recreation Area (GGNRA). The original Notice of Availability (published in the Federal Register on January 20, 2011) announced a 90-day public comment period. In recognition of the complexity of the document and with deference to interest from the public and interested organizations, the comment period has been extended for an additional 45 days.

The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection request (ICR) 3206-0206, Evidence to Prove Dependency of a Child. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), OPM is soliciting comments for this collection. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

The NCO, on behalf of the Special Cyber Operations Research and Engineering (SCORE) Committee, an interagency working group that coordinates cyber security research activities in support of national security systems, is seeking expert participants in a day-long workshop on abnormal and malicious behavior detection. The workshop will be held June 20, 2011 in the Washington DC area. Applications will be accepted until 5 p.m. EDT, May 13, 2011. Accepted participants will be notified by May 25, 2011.

Notice is hereby given of the following hearing of the U.S.- China Economic and Security Review Commission. Name: William A. Reinsch, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, and report to Congress annually on ``the national security implications of the economic relationship between the United States and the People's Republic of China.'' Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on May 4, 2011, to address ``China's Intellectual Property Rights and Indigenous Innovation Policy.'' Background: This is the sixth public hearing the Commission will hold during its 2011 report cycle to collect input from leading academic, industry, and government experts on national security implications of the U.S. bilateral trade and economic relationship with China. The hearing will examine China's policies regarding intellectual property rights and indigenous innovation, with a particular emphasis on the consequences of these policies for the film, broadcast, and software industries. The hearing will be co-chaired by Commissioners Dick D'Amato and Dennis Shea. Any interested party may file a written statement by May 4, 2011, by mailing to the contact below. A portion of each panel will include a question and answer period between the Commissioners and the witnesses. Transcripts of past Commission public hearings may be obtained from the USCC Web Site https://www.uscc.gov. Date and Time: Wednesday, May 4, 2011, 8:30 a.m. to 4:15 p.m. Eastern Standard Time. A detailed agenda for the hearing will be posted to the Commission's Web Site at https://www.uscc.gov as soon as available.

The United States Department of Agriculture is removing obsolete provisions from the Code of Federal Regulations. This action removes provisions concerning the Natural Resources Conservation Service's (NRCS) coordination responsibilities.

EPA is notifying the public that it has received negative declarations for Other Solid Waste Incinerator (OSWI) units from the State of Florida; Large Municipal Waste Combustor (LMWC), Small Municipal Waste Combustor (SMWC), and OSWI units from Jefferson County, Kentucky; LMWC, SMWC, and OSWI units from Forsyth County, North Carolina; LMWC, SMWC, and OSWI units from Mecklenburg County, North Carolina; LMWC, SMWC, Hospital/Medical/Infectious Waste Incinerator (HMIWI), and OSWI units from Buncombe County, North Carolina; and LMWC and HMIWI units from the State of South Carolina. These negative declarations certify that LMWC, SMWC, HMIWI, and OSWI units, as indicated above, subject to the requirements of Sections 111(d) and 129 of the Clean Air Act do not exist in areas covered by the following air pollution control programs: Florida Department of Environmental Protection; Louisville, Kentucky, Air Pollution Control District; Forsyth County Environmental Affairs Department; Mecklenburg County Land Use and Environmental Services Agency; Western North Carolina Regional Air Quality Agency; and South Carolina Department of Health and Environmental Control. In the Final Rules section of this Federal Register, EPA is publishing these negative declaration submittals as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments.

This document announces a public meeting to solicit public opinions on a number of changes being considered by the United States Patent and Trademark Office (USPTO) to streamline the procedures governing ex parte and inter partes reexamination proceedings. These changes are intended to achieve faster, more efficient resolution of the substantial new question of patentability (SNQ) for which reexamination is ordered. The proposed changes in this document are divided into three categories: changes to both ex parte and inter partes reexaminations, changes specific to ex parte reexamination, and changes specific to inter partes reexamination. After soliciting public opinions regarding this document, the USPTO may seek to adopt one or more of the proposed changes or a modified version thereof, or other changes suggested by the public, through a rule making or through internal operational changes as appropriate.

This rule updates policies and responsibilities for controlling Department of Defense (DoD) Unclassified Controlled Nuclear Information (UCNI) in accordance with the provisions of current U.S. Code. This revision streamlines and reflects current practices within the Department of Defense.