May 2011 – Federal Register Recent Federal Regulation Documents
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Government in the Sunshine Act Meeting Notice
The Broadcasting Board of Governors (BBG) will meet at the time and location listed above. The BBG will, among other things, consider two resolutions honoring employees for their service, consider a resolution to award and present David Burke Distinguished Journalism Awards, and receive and consider a report from the Governance Committee regarding reforming the Agency's management structure. Board members will also report on the state of U.S. International Broadcasting (USIB), Board efforts to reform USIB, and the BBG's year-long strategic review. The meeting is open to the public, but due to space limitations advance registration is required. Member of the public seeking to attend the meeting in person must register at https:// bbg.eventbrite.com/ by June 1. This event can also be viewed live and on demand at BBG's public Web site at https://www.bbg.gov.
Environmental Management Advisory Board Meeting
This notice announces a meeting of the Environmental Management Advisory Board (EMAB). 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.
Biological and Environmental Research Advisory Committee
This notice announces a teleconference meeting of the Biological and Environmental Research Advisory Committee (BERAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.
Nectarines and Peaches Grown in California; Notice of Withdrawal
The Agricultural Marketing Service (AMS) is withdrawing the notice soliciting comments on its request for approval to use new forms to collect information related to the Federal marketing orders for nectarines and peaches grown in California (orders). Continuance referenda were conducted among growers of California nectarines and peaches in January and February 2011. Fewer than two-thirds of participating growers, by number and production volume, voted in favor of continuing the nectarine and peach orders. USDA has suspended the quality, inspection, reporting, and assessment requirements under the orders (76 FR 21615), effective April 19, 2011. USDA intends to seek termination of the orders.
Submission for OMB Review, Comment Request, Proposed Collection: IMLS Digital Collections and Content: An Assessment of Opening History
The Institute of Museum and Library Services announces that the following information collection has been submitted to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request, with applicable supporting documentation, may be obtained by contacting the individual listed below in the ADDRESSES section of this notice.
Medicare Program; Notification of Closure of St. Vincent's Medical Center
This notice announces the closure of St. Vincent's Medical Center and the initiation of an application process for hospitals to apply to the Centers for Medicare & Medicaid Services (CMS) to receive St. Vincent's Medical Center's full time equivalent (FTE) resident cap slots.
Commission Information Collection Activities (FERC-725B); Comment Request; Submitted for OMB Review
In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission or FERC) has submitted the information collection described below to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission published a Notice in the Federal Register (75 FR 65618, 10/26/2010) requesting public comments. In addition, FERC published a notice in the Federal Register (76 FR 19333, 4/7/2011) indicating submission to OMB of the information collection described below and that it had not received any comments regarding the collection of information thus far. Subsequently, FERC staff became aware of a comment from the Transmission Agency of Northern California (TANC) that had been submitted in a timely manner but internally was indexed incorrectly. On May 3, 2011 the Commission issued a notice extending the comment period \1\ (on the notice published April 7, 2011) to June 23, 2011. The Commission is revising its submission to OMB to reflect receipt of the comment.
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-1980-DR), dated May 9, 2011, and related determinations.
Wisconsin; Amendment No. 2 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the State of Wisconsin (FEMA-1966-DR), dated April 5, 2011, and related determinations.
Kentucky; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Kentucky (FEMA-1976-DR), dated May 4, 2011, and related determinations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Current Good Manufacturing Practice Regulations for Finished Pharmaceuticals
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of FDA's Current Good Manufacturing Practice (CGMP) Regulations for Finished Pharmaceuticals.
Cooperative Arrangement Between the United States Food and Drug Administration and the Inter-American Institute for Cooperation in Agriculture
The Food and Drug Administration (FDA) is providing notice of a cooperative arrangement between FDA and the Inter-American Institute for Cooperation in Agriculture. The purpose of the arrangement is to provide a framework between the two Agencies to facilitate the exchange of information and the development of projects of mutual interest.
Cruise Vessel Safety and Security Act of 2010, Available Technology
In the Federal Register published on May 25, 2011, the United States Coast Guard solicited public comment on the availability of technology to meet certain provisions of the Cruise Vessel Security and Safety Act of 2010(CVSSA), specifically related to video recording and overboard detection technologies. The Notice of request for comments published with errors in the preamble, specifically, the addresses for submitting comments was incorrect and should have directed commenters to https://www.regulations.gov for online comment submissions, and to the ``Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001'' for mailing comments.
Information Collection Being Reviewed by the Federal Communications Commission
The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.
Information Collections Being Submitted for Review and Approval to the Office of Management and Budget
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number.
Notice of Proposed Information Collection Requests: Sustaining Digitized Special Collections and Archives Survey
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this notice, IMLS is soliciting comments concerning a proposed survey to gather information on the practices of creating and maintaining sustainable digitized special collections. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.
Public Workshop; Privacy Compliance Basics and 2011 Developments
The Department of Homeland Security Privacy Office will host a public workshop, ``Privacy Compliance Basics and 2011 Developments.''
Privacy Act of 1974, as Amended; Computer Matching Program
Pursuant to the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a), the Office of Management and Budget (OMB) Final Guidance Interpreting the Provisions of Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989), and OMB Circular A-130, Appendix I, notice is hereby given of the renewal of the computer matching program between the U.S. Department of Education (ED) (the recipient agency) and the U.S. Department of Veterans Affairs (VA) (the source agency). After the ED and VA Data Integrity Boards approve a new computer matching agreement (CMA), the computer matching program will begin on the effective date as specified in the CMA and as indicated in paragraph 5 of this notice. In accordance with the Privacy Act and applicable OMB guidance, the following information is provided:
Good Neighbor Environmental Board
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Good Neighbor Environmental Board (Board). The Board usually meets three times each calendar year, twice at different locations along the U.S. border with Mexico, and once in Washington, DC. It was created in 1992 by the Enterprise for the Americas Initiative Act, Public Law 102-532, 7 U.S.C. Section 5404. Implementing authority was delegated to the Administrator of EPA under Executive Order 12916. The Board is responsible for providing advice to the President and the Congress on environmental and infrastructure issues and needs within the States contiguous to Mexico in order to improve the quality of life of persons residing on the United States side of the border. The statute calls for the Board to have representatives from U.S. Government agencies; the states of Arizona, California, New Mexico and Texas; and Tribal and private organizations with experience in environmental and infrastructure issues along the U.S.-Mexico border. The purpose of the meeting is to discuss the Board's 14th report, which will focus on the environmental and economic benefits of renewable energy development in the border region. A copy of the meeting agenda will be posted at https://www.epa.gov/ocem/gneb.
Public Meeting: Preliminary Regulatory Determinations for the Third Contaminant Candidate List (CCL 3)
The 1996 Safe Drinking Water Act Amendments require the EPA to determine every five years, whether to regulate at least five contaminants from the current Contaminant Candidate List (CCL) with a national primary drinking water regulation. The process of making decisions about whether to regulate any of the unregulated contaminants on the CCL is called Regulatory Determinations. On October 8, 2009, EPA published the third Contaminant Candidate List (CCL 3) containing 116 unregulated contaminants. The Agency is currently in the preliminary process of deciding whether to regulate at least five CCL 3 contaminants (i.e., Regulatory Determinations 3). The purpose of this notice is to announce that EPA will be hosting a public stakeholder meeting on June 16, 2011, from 1 p.m. to 5 p.m., to discuss and obtain input on EPA's process for Regulatory Determination 3 along with the contaminants and the technical information that the Agency is considering. EPA expects to publish the preliminary regulatory determinations for at least five CCL 3 contaminants in mid-2012 and final regulatory determinations by August 2013.
Advisory Committee on the Records of Congress
In accordance with the Federal Advisory Committee Act, the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on the Records of Congress. The committee advises NARA on the full range of programs, policies, and plans for the Center for Legislative Archives in the Office of Records Services.
Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Marathon, FL
The EPA is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b) (2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City of Marathon, Florida for the purchase of nine submerged membrane units (SMUs), as part of an overall membrane bioreactor system (MBR), from Kubota Corporation in Japan. The submerged membrane unit is a specialty product for this project. The membrane bioreactor system for which this SMU will be used is an advanced wastewater treatment process, which is designed to meet the high quality effluent requirements of the waste load allocation, under the National Pollutant Discharge Elimination System (NPDES) permit. Additionally, the City of Marathon facility has specific technical design requirements for the installation of the SMUs with the membrane bioreactor treatment process, including tankage footprint, geometry, and configuration. Only the Kubota Corporation product meets all these requirements. The City stated that there are no apparent domestic manufactured submerged membrane units with the design specifications as required for this project. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being approved. Waivers for these types of products and components have already been published in the Federal Register, however, any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. Based on the review of the information provided, EPA has concluded that a waiver of the Buy American provisions is justified. The Regional Administrator is making this determination based on the review and recommendation of the EPA Region 4, Water Protection Division, Grants and Infrastructure Branch. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the City to purchase nine submerged membrane units manufactured by Kubota, for the proposed project being implemented by the City of Marathon, Florida.
Draft National Coastal Condition Report IV
This Notice invites public comment on the draft National Coastal Condition Report IV (NCCR IV), which describes the condition of the Nation's coastal waters. Clean coastal waters provide environmental, public health, recreational, and economic value; however, these waters are vulnerable to pollution and other stressors from a variety of sources. According to the draft NCCR IV, the overall condition of the Nation's coastal waters continues to be fair, with marginal improvement from EPA's 2008 National Coastal Condition Report III. EPA expects that this Report on the condition of coastal waters will increase public awareness about the extent and seriousness of pollution in these waters and will support more informed decisions concerning protection of this resource.
Approval and Promulgation of Implementation Plans; State of California; Interstate Transport of Pollution; Interference With Prevention of Significant Deterioration Requirement
EPA is proposing a limited approval and limited disapproval of a State Implementation Plan (``SIP'') revision submitted by the State of California on November 17, 2007, for the purpose of addressing the ``transport SIP'' provisions of Clean Air Act (``CAA'') section 110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (``PM2.5'') NAAQS. Section 110(a)(2)(D)(i) of the CAA requires that each SIP contain adequate provisions to prohibit emissions that adversely affect air quality in other States through interstate transport. EPA is proposing a limited approval and limited disapproval of California's SIP revision for the 1997 8-hour ozone and 1997 PM2.5 NAAQS with respect to the requirement in CAA section 110(a)(2)(D)(i)(II) that each SIP contain adequate measures prohibiting emissions of air pollutants in amounts which will interfere with other States' measures required under title I, part C of the CAA to prevent significant deterioration of air quality. Specifically, EPA is proposing to approve California's SIP revision with respect to those Districts in California that implement SIP-approved permit programs meeting the approval criteria under CAA section 110(a)(2)(D)(i), as discussed in this proposal. EPA is simultaneously proposing to disapprove California's SIP revision with respect to those Districts in California that do not implement SIP-approved permit programs meeting these approval criteria. For any District for which we finalize a disapproval, EPA intends to simultaneously promulgate a limited Federal Implementation Plan (``FIP''), as discussed in this proposal, unless the relevant area is already subject to a FIP.
EPA Radiogenic Cancer Risk Models and Projections for the U.S. Population (Blue Book)
This document announces the availability of U.S. Environmental Protection Agency's (EPA) updated EPA Radiogenic Cancer Risk Models and Projections for the U.S. Population (EPA 402-R-11-001, April 2011), also known as the Blue Book, which provides radiation risk assessment methodology. EPA will use the scientific information on radiation risks provided in the Blue Book, together with information from other sources, when considering potential modifications and updates to radiation protection rules and guidance.
Solicitation for a Cooperative Agreement: Document-Tools in Assessing Inmates' Risks & Needs: The Assessment Interview
The National Institute of Corrections (NIC) Jails Division is seeking applications for the development of a written guide on how to use interviews to determine inmate risks and needs within the jail environment more accurately. This document will be written in the context of inmate behavior management, which is described under Supplementary Information below. This project will be for an 18-month period and will be carried out in conjunction with the NIC Jails Division. The awardee will work closely with NIC staff on all aspects of the project. To be considered, applicants must demonstrate, at a minimum: (1) In-depth knowledge of the purpose, functions, and operational complexities of local jails, (2) awareness of the diversity among local jails in terms of size, resources, and levels of sophistication, (3) in-depth knowledge of the six elements of inmate behavior management, as defined by NIC, and (4) ability to develop and write documents for publication.
Notice of Submission for OMB Review
The Director, Information Collection Clearance Division, Privacy, Information and Records Management 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).
Determination of Regulatory Review Period for Purposes of Patent Extension; ACTEMRA
The Food and Drug Administration (FDA) has determined the regulatory review period for ACTEMRA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of Patents and Trademarks, Department of Commerce, for the extension of patents which claim that human biological product.
Notice of Availability or Record of Decision and Final Findings of Approvability to the Washington Coastal Zone Management Program
NOAA's Office of Ocean and Coastal Resource Management (OCRM) announces availability of the Record of Decision (ROD) and Final Findings of Approvability (Findings) for OCRM's Approval of Amendments to the Washington Coastal Zone Management Program (WCZMP) final Environmental Impact Statement (EIS). On October 6, 2004, OCRM received the State of Washington's request to incorporate the State's new Shoreline Master Program Guidelines (Guidelines), Chapter 173-26 of the Washington Administrative Code (WAC) as an amendment to the WCZMP. The new Guidelines replace the previously repealed Chapter 173-16 of the WAC, the Shoreline Management Act Guidelines for Development of Shoreline Master Programs. The final EIS was released to the public for a 45-day comment period after the publication of a Notice of Availability in the Federal Register on November 12, 2010 (75 FR 69434). The ROD documents the selection of Alternative 1 (the NOAA preferred alternative) in the final EIS. The Findings make a final determination that the WCZMP, as amended by the October 6, 2004 WCZMP Amendment Document, still constitutes an approvable program and that procedural requirements of the Coastal Zone Management Act (CZMA) and its implementing regulations have been met. The ROD and Findings were signed by the Assistant Administrator, National Ocean Service (NOS) on May 16, 2011. Federal consistency applies to the revised WCZMP enforceable policies as of May 16, 2011.
Notice of Scope Rulings
The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between October 1, 2010, and December 31, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of December 31, 2010. We intend to publish future lists after the close of the next calendar quarter.
Notice of Issuance of Final Determination Concerning the Transit Connect Electric Vehicle
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of the Transit Connect Electric Vehicle. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the vehicle for purposes of U.S. Government procurement.
Paper Clips From China; Scheduling of an Expedited Five-Year Review Concerning the Antidumping Duty Order on Paper Clips From China
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on paper clips from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz
In this document, the Commission amends its rules to make additional spectrum available for new investment in mobile broadband networks while also ensuring that the United States maintains robust mobile satellite service capabilities. First, this document adds co- primary Fixed and Mobile allocations to the Mobile Satellite Service (MSS) 2 GHz band, consistent with the International Table of Allocations, allowing more flexible use of the band, including for terrestrial broadband services, in the future. Second, to create greater predictability and regulatory parity with the bands licensed for terrestrial mobile broadband service, the document extends the Commission's existing secondary market spectrum manager spectrum leasing policies, procedures, and rules that currently apply to wireless terrestrial services to terrestrial services provided using the Ancillary Terrestrial Component (ATC) of an MSS system.
Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Procedures for State, Tribal, and Local Government Historic Preservation Programs
We (National Park Service, NPS) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on May 31, 2011. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Pacific Whiting; Advisory Panel and Joint Management Committee
NMFS solicits nominations for the Advisory Panel (AP) and the Joint Management Committee (JMC) on Pacific Whiting called for in the Agreement between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting. Nominations are being sought for at least 6, but not more than 12 individuals on the AP and 1 individual on the JMC to serve as United States representatives.
Permanent Certification Program for Health Information Technology; Revisions to ONC-Approved Accreditor Processes
Under the authority granted to the National Coordinator for Health Information Technology (the National Coordinator) by section 3001(c)(5) of the Public Health Service Act (PHSA) as added by the Health Information Technology for Economic and Clinical Health (HITECH) Act, this rule proposes a process for addressing instances where the ONC-Approved Accreditor (ONC-AA) engages in improper conduct or does not perform its responsibilities under the permanent certification program. This rule also proposes to address the status of ONC- Authorized Certification Bodies (ONC-ACBs) in instances where there may be a change in the accreditation organization serving as the ONC-AA and clarifies the responsibilities of the new ONC-AA.
Admittance to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office (USPTO) (Proposed Addition)
The United States Patent and Trademark Office (USPTO), 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 the revision of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Sitka Resource Advisory Committee
The Sitka Resource Advisory Committee will meet in Sitka, Alaska. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of this meeting, is to finalize the list of funded projects.
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