May 13, 2011 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS), the final Hays County regional habitat conservation plan (RHCP) under the National Environmental Policy Act of 1969 (NEPA), and our draft record of decision (ROD). Our intended action is the issuance of a 30-year incidental take permit (ITP) for the Preferred Alternative (described below) under the Endangered Species Act of 1973, as amended (ESA), to Hays County, Texas (the County), to incidentally take golden-cheeked warbler (Dendroica chrysoparia) and black-capped vireo (Vireo atricapilla). Under the RHCP, the County will mitigate for take by establishing a preserve system of 10,000-15,000 acres to mitigate for incidental take of covered species. Each preserve acquisition will be subject to Service approval and will generate mitigation credits based on the number of acres and quality of potential occupied habitat for the covered species.

We propose to adopt a new airworthiness directive (AD) for the specified Eurocopter France Model EC 120B helicopters. This proposed AD would require modifying the pilot cyclic control friction device by replacing a certain thrust washer with two thrust washers. This proposed AD is prompted by an incident in which the pilot encountered a sudden restriction of the cyclic control movement during flight. The actions specified by this proposed AD are intended to prevent jamming of a pilot cyclic control stick and subsequent loss of control of the helicopter.

The Food and Drug Administration (FDA) is providing notice of an amendment to memorandum of understanding (MOU) 222-09-0014 between the International Anesthesia Research Society (IARS) and FDA. The purpose of this MOU is to establish the framework for collaboration between the parties and to support their shared interest of promoting the safe use of anesthetics and sedatives in children. This is an amendment to this MOU to rename the SAFEKIDS (Safety of Key Inhaled and Intravenous Drugs in Pediatrics) Public-Private Partnership (PPP) to SmartTots (Strategies for Mitigating Anesthesia Related Neuro-Toxicity in Tots) PPP.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is amending its bicycle regulations. The amendments make minor changes to the existing regulations to reflect new technologies, designs, and features in bicycles by clarifying that certain provisions or testing requirements do not apply to specific bicycles or bicycle parts. The amendments also clarify several ambiguous and confusing provisions. The final rule also corrects typographical errors and removes an outdated reference.

EPA approved Alaska's National Pollutant Discharge Elimination System (NPDES) program application on October 31, 2008 pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The approved State program, called the Alaska Pollutant Discharge Elimination System (APDES), includes an implementation plan that transfers the administration of specific program components from EPA to the Alaska Department of Environmental Conservation (ADEC) in four phases over a three year period from the date of program approval. Phases I-III have been transferred from EPA to ADEC. Transfer of the final phase, Phase IV, is currently scheduled for October 31, 2011. ADEC has made a submission for approval for a one year extension of the transfer of Phase IV of the APDES program, which includes oil and gas, cooling water intakes and dischargers, munitions and all other remaining facilities not previously transferred in Phases I-III. If EPA approves the APDES program revision, Phase IV will transfer to ADEC four years from the date of program approval, or October 31, 2012. Today, EPA is requesting comments on the proposed one year extension and is providing notice of a public hearing and comment period on the proposal. The EPA Region 10 Regional Administrator will either approve or disapprove the APDES program revision after considering all comments received during the public comment period.

EPA is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on November 24, 2010, to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2009 edition. The submission also makes a minor revision to the definition of ``Nonphotochemically reactive hydrocarbons'' or ``negligibly photochemically reactive compounds'' by deleting an outdated Federal Register citation.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on November 24, 2010 to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2009 edition. The submission revision also makes a minor revision to the definition of ``Nonphotochemically reactive hydrocarbons'' or ``negligibly photochemically reactive compounds'' by deleting an outdated Federal Register citation.

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Request for Entry or Departure for Flights To and From Cuba. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 13204) on March 10, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

The Copyright Office is making non-substantive amendments to its regulations to reflect a reorganization that has moved the Recordation function from the Visual Arts and Recordation Division of the Registration and Recordation Program to the Information and Records Division. As a result of this reorganization, the name of the Registration and Recordation Program has been changed to the Registration Program.

This rule establishes the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle on behalf of, producers during the 2011-2012 marketing year, which begins on June 1, 2011. This rule establishes salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 694,774 pounds and 34 percent, respectively, and for Class 3 (Native) spearmint oil of 1,012,983 pounds and 44 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

The Department of Agriculture is adopting, as a final rule, without change, an interim rule that added an exemption to the marketing order for Oregon-Washington pears that provides for the sale of fresh pears directly to consumers without regard to regulation. For each customer, the interim rule provided an exemption for consumer- direct sales of up to 220 pounds of fresh pears per transaction, for home use only, made directly at orchards, packing facilities, roadside stands, or farmers' markets without regard to the marketing order's assessment, reporting, handling, and inspection requirements. This action is intended to provide increased marketing flexibility to small pear handlers, while facilitating the sale of fresh, local pears directly to consumers.

On February 11, 2011, the U.S. Small Business Administration (SBA or Agency) published a final rule in the Federal Register making changes to the regulations governing the section 8(a) Business Development (BD) program. SBA announces that it is holding tribal consultation meetings in Milwaukee, Wisconsin and Anchorage, Alaska to discuss the recent changes to the 8(a) BD program regulations, specifically to take comments on the mandatory reporting of community benefits provision scheduled to take effect on September 9, 2011, unless SBA further delays implementation through publication in the Federal Register. Testimony presented at these tribal consultation meetings will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to tracking community benefits.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on October 27, 2010. This revision pertains to EPA's greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permitting provisions as promulgated on June 3, 2010 in the Tailoring Rule. The SIP revision modifies Virginia's PSD program to establish appropriate emission thresholds for determining which new stationary sources and modifications become subject to Virginia's PSD permitting requirements for their GHG emissions. EPA is approving Virginia's SIP revision because the Agency has determined that this SIP revision is in accordance with the CAA and Federal regulations regarding PSD permitting for GHGs.

On March 16, 2011, the U.S. Small Business Administration (SBA or Agency) proposed to increase small business size standards for 35 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 54, Professional, Scientific and Technical Services and one industry in NAICS Sector 81, Other Services. SBA provided a 60-day comment period ending on May 16, 2011. In this notice, SBA is extending the comment period an additional 30 days to June 15, 2011.

The Federal Trade Commission seeks public comments in connection with a project to examine the practical and legal issues arising from the incorporation of patented technologies in collaborative standards, including the risk of patent ``hold-up'' and its effect on competition and consumers. Among the topics to be considered are the disclosure of patent rights during the standard- setting process, the implications of a patent holder's commitment to license users of the standard on reasonable and non-discriminatory (``RAND'') terms, and the possibility of negotiating license terms prior to choosing the standard. The Commission seeks the views of consumers and the legal, academic, and business communities on the issues to be explored in this project. As part of the project, the Commission will conduct a workshop and may prepare a report discussing these issues. This notice poses a series of questions relevant to those issues for which the Commission seeks comment.