June 29, 2011 – Federal Register Recent Federal Regulation Documents

The Oregon Department of Fish and Wildlife (ODFW) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed Programmatic Safe Harbor Agreement (Agreement) between the ODFW and the Service. The requested permit would authorize the ODFW to extend incidental take coverage with assurances to eligible landowners who are willing to carry out habitat management measures that would benefit the threatened Lahontan cutthroat trout (Oncorhynchus clarki henshawi) by enrolling them under the Agreement as Cooperators through issuance of Certificates of Inclusion. The covered area or geographic scope of this Agreement includes the Quinn River, Coyote Lake, and Alvord basins located in Harney and Malheur Counties, Oregon. The Service is making the permit application, proposed Agreement, and related documents available for public review and comment.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Under the Public Housing Assessment System (PHAS), public housing agencies (PHAs) may submit a request for a technical review, database adjustment or appeal. The granting of such a request would result in a PHA's PHAS score and/or designation being changed, or a project's physical condition, financial condition, or management operations score being changed. The right of appeal is statutory and the right to request a technical review or database adjustment is regulatory.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The purpose of this notice is to recruit potential fellows for the Fellowship Placement Pilot Program under the Office of Policy Development and Research (PD&R) of the Department of Housing and Urban Development (HUD). HUD is in the process of putting out a notice to receive preliminary applications to select a third party to administrate the Fellowship Placement Pilot Program. When a third party is selected to administer the fellowship program, the third party will be responsible for recruiting and selecting fellows for the program. The attached document is an application that will allow the third party to recruit fellows for the fellowship program.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This collection is a request for approval of prepayment of a direct Loan and additional necessary documentation from an owner of a multifamily housing project financed under Section 202 of the National Housing Act. Review of the information will determine if the conditions of the original mortgage will be met and if prepayment may be granted.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. National, regional, Multi-State intermediaries and Local public and private nonprofit agencies that provide housing counseling services directly or through their affiliates or branches regarding home buying, homeownership and rental housing programs submit an application for designation as a HUD-approved housing counseling agency. HUD uses the information to evaluate the agency and to populate Agency profile data in the Housing Counseling System (HCS) database. This data populates HUD's Web site and automated 1-800 Hotline.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD-approved agencies are non-profit and government organizations that provide housing services. The information collected allows HUD to monitor and provide oversight for agencies approved to participate in the Housing Counseling Program. Specifically, the information collected is used to ensure that participating agencies comply with program policies and regulations and to determine if agencies remain eligible to maintain an approval status. Housing counseling aids tenants and homeowners in improving their housing conditions and in meeting the responsibilities of tenancy and homeownership.

The Department of Defense is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to specify Defense Procurement and Acquisition Policy, Program Development and Implementation, as the office responsible for maintaining order code assignments. The order code procedures are moved from the DFARS to its companion resource, DFARS Procedures, Guidance, and Information.

DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 866 of the National Defense Authorization Act for Fiscal Year 2011. Section 866 authorized the Secretary of Defense to establish a pilot program to assess the feasibility and advisability of acquiring military-purpose nondevelopmental items in accordance with the streamlined procedures of the pilot program.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

In this document, the Federal Communications Commission (Commission) takes immediate action to address potential waste in the universal service Lifeline and Link Up program (Lifeline/Link Up or the program) by preventing duplicative program payments for multiple Lifeline-supported services to the same individual. On March 4, 2011, the Commission released a Notice of Proposed Rulemaking to reform and modernize Lifeline/Link Up. In the Notice of Proposed Rulemaking, the Commission underscored its commitment to eliminating waste, fraud, and abuse in Lifeline/Link Up and presented a comprehensive set of proposals to better target support to needy consumers and maximize the number of Americans with access to modern communications services. To ensure that Lifeline support is limited to the amount necessary to provide access to telecommunications service to qualifying low-income consumers, we adopt measures to prevent, detect and resolve duplicative Lifeline claims for the same consumer. The near-term reforms we adopt here will reduce waste in the Fund and give the Commission flexibility to modernize the Low-Income Program in order to align it with changes in technology and market dynamics, such as the proposal we currently are reviewing to support broadband pilot projects for low-income consumers.

On Friday, June 24, 2011 (76 FR 37082-37084), the Department of Defense published a notice to amend a system of records. On page 37083, in the second column, in the line preceding the SYSTEM NAME heading, the System of Records Notice (SORN) identification number ``S190.19'' should read ``S190.10''.

The Department of Energy (DOE) invites public comment on a proposed collection of information that DOE is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) 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; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. The questions in the collection instrument are available upon request to Jennifer.DeCesaro@ee.doe.gov.

The Defense Logistics Agency is America's combat logistics support agency responsible for sourcing and providing nearly every consumable item used by U.S. military forces worldwide. DLA Energy is a primary level field activity of DLA responsible for providing the Department of Defense and other government agencies with comprehensive energy solutions in the most effective and efficient manner possible. Its products and services offer a large array of energy related needs for the Federal Government and also help facilitate the cycle of storage and deployment of fuels and other energy sources. DLA Energy's action, to purchase mobility fuels for the Department of Defense, has not changed. However, the nature and makeup of the petroleum market has. Crude oil from Canada represents 13% of total United States consumption. The Canadian Association of Petroleum Producers 2010 forecast states that by 2020 Canadian oil sands production will rise from 2.72 million barrels per day in 2009 to 4.34 million barrels per day in 2025. In addition, within the past three years, the Department of State has approved two new pipelines to transport crude oil derived from Canadian oil sands to the United States. An additional permit for a third pipeline is pending. Thus, more petroleum products derived from Canadian oil sands recovered crude may be available within the United States petroleum market. In addition, because various types of crudes are comingled prior to processing and because refined petroleum products are fungible, it is anticipated that these petroleum products produced from Canadian oil sands recovered crude will be blended with and thus indistinguishable from other petroleum products, thereby making it difficult for DLA Energy to exclude Canadian oil sands recovered crude refined petroleum from routine petroleum purchases. Therefore, DLA Energy has decided to study whether its current purchases of mobility fuels for its customers today, and in the future, would or would not have environmental consequences. DLA Energy will conduct an Environmental Assessment to evaluate the potential environmental, human health, engineering and socioeconomic considerations, including a review of lifecycle greenhouse gas emissions, associated with DLA Energy's purchase of mobility fuels, including any fuels containing Canadian oil sands recovered crude, in light of Section 526 of the EISA. The Environmental Assessment will aid DLA Energy in defining the effects of its current mobility fuels purchasing program, and determine whether a modification to this program would bring an improved environmental outcome without consequences to DLA Energy's mission to support the Warfighter with comprehensive Energy solutions in the most effective and efficient manner possible. This notice serves as an announcement of scoping. As such, comments are sought from the public, government agencies, and other interested persons and organizations. Scoping is used to gain insight into the issues to be addressed and to identify other significant issues related to the proposed actions. All comments submitted during scoping will be considered by DLA Energy. There is always the possibility that DLA Energy might proceed to prepare an Environmental Impact Statement for the proposed actions instead of an Environmental Assessment. If this occurs, comments submitted now will be considered for any Environmental Impact Statement that is developed.

The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. DW-005) that grants to BSH Corporation (BSH) a waiver from the DOE dishwasher test procedure for certain basic models containing integrated or built-in water softeners. Under today's decision and order, BSH shall be required to test and rate its dishwashers with integrated water softeners using an alternate test procedure that takes this technology into account when measuring energy and water consumption.

In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institute of Child Health and Human Development (NICHD), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval. This proposed information collection was previously published in the Federal Register on April 27, 2011, pages 23609-23611, and allowed 60 days for public comment. One written comment was received. The comment questioned the cost and utility of the study and federally funded biomedical research in general. The purpose of this notice is to allow an additional 30 days for public comment. Proposed Collection: Title: Biospecimen and Physical Measures Formative Research Methodology Studies for the National Children's Study (NCS). Type of Information Collection Request: Generic Clearance. Need and Use of Information Collection: The Children's Health Act of 2000 (Pub. L. 106-310) states:

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/517,858, entitled ``Guanidylimidazole and Guanidylimidazoline Derivatives as Antimalarial Agents, Synthesis of and Methods of Use Thereof,'' filed on April 26, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

This notice announces a request for public comments on the approach for selecting and awarding local agencies for excellence in WIC breastfeeding services and support. Section 231 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, requires that the U.S. Department of Agriculture (USDA) establish a program to recognize WIC local agencies and clinics that demonstrate exemplary breastfeeding promotion and support activities. USDA believes that public input on the development of the recognition program would be beneficial.

The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

This final rule incorporates into the regulations governing the Programs authorized under the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). The HHFK Act requires State and local cooperation in Department of Agriculture studies and evaluations related to Programs authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA to stipulate that Federal funds must not be subject to State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. This final rule amends regulations for the National School Lunch Program; the Special Milk Program for Children; the School Breakfast Program; the Summer Food Service Program; the Child and Adult Care Food Program; State Administrative Expense Funds ; the Special Supplemental Nutrition Program for Women, Infants and Children; and the WIC Farmers' Market Nutrition Program. These provisions will strengthen program integrity by ensuring that sufficient data is made available for studies and evaluations. Additionally, exempting Federal funds from State budgetary restrictions or limitations is intended to increase the ability of State agencies to administer USDA's nutrition assistance programs effectively.