May 23, 2011 – Federal Register Recent Federal Regulation Documents

The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).

NMFS announces that the State of North Carolina is transferring a portion of its 2011 commercial summer flounder quota to the Commonwealth of Virginia and the State of New Jersey. Virginia is also transferring a portion of its 2011 commercial summer flounder quota to New Jersey. Vessels from North Carolina were authorized by Virginia to land summer flounder under safe harbor provisions, thereby requiring a quota transfer to account for an increase in Virginia's landings that would have otherwise accrued against the North Carolina quota. Additionally, a vessel experiencing mechanical problems was authorized to land in New Jersey, prompting a quota transfer from North Carolina and Virginia to account for an increase in landings in New Jersey. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using trawl gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2011 total allowable catch of Pacific cod to be harvested.

This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1975-DR), dated May 2, 2011, and related determinations.

NMFS proposes regulations to implement a fishing capacity reduction program and an industry fee system to repay a $23.5 million loan for the Southeast Alaska Purse Seine Salmon Fishery (Reduction Fishery). The fee system involves future landings of the Reduction Fishery. This action's intent is to permanently reduce the most fishing capacity at the least cost and establish the fee system.

NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region (FEP). If approved by the Secretary of Commerce, Amendment 5 would establish gear configuration requirements for the U.S. pelagic longline fishery based in American Samoa. The proposed action is intended to reduce interactions between the fishery and Pacific green sea turtles, which will enable American Samoa longline fishing vessels to continue operations, while providing for the long-term survival, recovery, and sustainability of Pacific green sea turtle populations.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The U.S. Department of Energy (DOE or the Department) announces its intent to prepare an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the Council on Environmental Quality's (CEQ) NEPA regulations (40 CFR Parts 1500-1508), and DOE's NEPA implementing procedures (10 CFR Part 1021) to assess the potential environmental impacts of DOE's proposed action: providing approximately $1 billion in Federal funding (most of it appropriated by the American Recovery and Reinvestment Act, or ``ARRA'') for the FutureGen 2.0 program. DOE has prepared this Notice of Intent (NOI) to inform interested parties of the pending EIS and to invite public comments on the proposed action, including: (1) The range of environmental issues, (2) the alternatives to be analyzed, and (3) the impacts to be considered in the EIS. The NOI also provides notice in accordance with 10 CFR Part 1022 (DOE's regulations for compliance with floodplain and wetland review requirements) that the proposed project may involve potential impacts to floodplains and wetlands. The FutureGen 2.0 program would provide financial assistance for the repowering of an existing electricity generator with clean coal technologies integrated with a pipeline that would transport carbon dioxide (CO2) to a sequestration site where it would be injected and stored in a deep geologic formation. DOE entered into separate cooperative agreements with Ameren Energy Resources (Ameren) and with the FutureGen Alliance (the Alliance) that define DOE's proposed action. This program consists of an Oxy-Combustion Large Scale Test undertaken by Ameren at its Meredosia Power Station in west central Illinois and a Pipeline and CO2 Storage Reservoir undertaken by the Alliance. In addition, the Alliance would construct and operate facilities for research, training, and visitors in the vicinity of the sequestration site. The Alliance has identified its preferred sequestration site in Morgan County, Illinois, and two alternative sites, one in Christian County, Illinois and one in Douglas County, Illinois. The program would provide performance and emissions data as well as establish operating and maintenance experience that would facilitate future large-scale commercial deployment of these technologies. DOE would provide technical and programmatic guidance to Ameren and the Alliance and oversee activities for compliance with the terms of the cooperative agreements. DOE is responsible for NEPA compliance activities. DOE encourages government agencies, private-sector organizations, and the general public to participate in the FutureGen 2.0 program through the NEPA process. DOE will consult with interested Native American Tribes and Federal, state, regional and local agencies during preparation of the EIS. Further, DOE invites agencies with jurisdiction by law or special expertise to participate as cooperating agencies in the preparation of this EIS.

Notice is hereby given that the Department of State, acting pursuant to section 127.7(c) of the International Traffic in Arms Regulations (``ITAR'') (22 CFR Parts 120-130), imposed a statutory debarment on BAE Systems plc (``BAES'') as a result of its conviction of conspiracy (18 U.S.C. 371) to violate certain provisions of U.S. law, including section 38 of the Arms Export Control Act, as amended, (``AECA'') (22 U.S.C. 2778) and at the same time reinstated BAES. Concurrently, pursuant to section 126.7 of the ITAR, the Department of State is providing notice of a presumption of denial (also referred to as a policy of denial) regarding certain of BAES' non-U.S. subsidiaries because of their substantial involvement in activities related to the conviction. These non-U.S. subsidiaries are: BAE Systems CS&S International, Red Diamond Trading Ltd., and Poseidon Trading Investments Ltd.

This notice corrects the legal land description published in the Federal Register on March 1, 2011 (76 FR 11262) for the Department of the Interior, Bureau of Land Management, City of Henderson, Clark County, Nevada.

The Department of State issued a Presidential permit to the General Services Administration on May 2, 2011, authorizing that agency to expand, renovate, and maintain the commercial and pedestrian border crossing called ``San Ysidro'' in San Diego, California, at the International Boundary between the United States and Mexico. In making this determination, the Department complied with the procedures required under Executive Order 11423, as amended.

The Food and Drug Administration (FDA) is reopening the comment period for the notice of public workshop published in the Federal Register of January 7, 2011 (76 FR 1182). In that notice, FDA announced a public workshop that took place on February 15 and 16, 2011, and requested public comment regarding the topics discussed at the workshop on determining system attributes for tracking and tracing prescription drugs. The workshop provided a forum for discussing possible approaches to developing a track-and-trace system and for obtaining input from supply chain partners on potential attributes and standards for the identification, authentication, and tracking and tracing of prescription drug packages. FDA is reopening the comment period to allow additional time for interested persons both to consider all the information provided by the Agency related to the workshop and to submit additional comments.

The Department of Homeland Security (DHS) announced the establishment of the Critical Infrastructure Partnership Advisory Council (CIPAC) by notice published in the Federal Register Notice (71 FR 14930-14933) dated March 24, 2006. That notice identified the purpose of CIPAC as well as its membership. This notice provides: (i) The quarterly CIPAC membership update; (ii) instructions on how the public can obtain the CIPAC membership roster and other information on the Council; and, (iii) information on recently completed CIPAC meetings.

The Madera County Resource Advisory Committee will be meeting in North Fork, California on June 15, 2011. The purpose of the meeting will be to update the committee on the status of projects that were recommended for funding at the March 30, 2011 meeting, and to vote on contingency proposals for funding and as authorized under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343) for expenditure of Payments to States Madera County Title II funds.

On April 3, 2008, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA to approve the redesignation of the Evansville, Indiana nonattainment area to attainment of the 1997 annual fine particulate matter (PM2.5) standard. The air quality improvement in this area and maintenance of the standard in this area is attributable in substantial part to power plant emission reductions in the Eastern United States prompted by the Clean Air Interstate Rule (CAIR). The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) has remanded CAIR, but EPA has proposed a replacement rule known as the Transport Rule. The Evansville area has attained the standard with only a fraction of the reductions that the proposed Transport Rule proposed to require. Therefore, EPA is proposing to approve the redesignation request for the Evansville area, along with related SIP revisions, if and when EPA takes final action to promulgate the Transport Rule, provided that the final Transport Rule requires emission reductions that are at least substantially equivalent to those of the proposed Transport Rule for purposes of maintaining the standard in the Evansville area.

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Examinations and Testing of Electrical Equipment Including Examinations, Testing, and Maintenance of High Voltage Longwalls,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).