July 13, 2011 – Federal Register Recent Federal Regulation Documents

EPA is proposing a limited approval and a limited disapproval of a revision to the West Virginia State Implementation Plan (SIP) submitted by the State of West Virginia through the West Virginia Department of Environmental Protection (WVDEP) on June 18, 2008, that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for West Virginia on the basis that the revision, as a whole, strengthens the West Virginia SIP. Also in this action, EPA is proposing a limited disapproval of this same SIP revision because of the deficiencies in the State's June 2008 regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). EPA is also proposing to approve this revision as meeting the requirements of 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on April 25, 2011. No comments were received.

The Copyright Office is making an amendment to its regulations by removing Part 251 Copyright Arbitration Royalty Panel Rules of Procedure. In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright Royalty Judges who operate under separate regulations.

On October 29, 2010, the Secretary published in the Federal Register (75 FR 66832) final regulations related to program integrity issues in the programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). Included in these regulations were changes to subpart E of part 668 of title 34 of the Code of Federal Regulations, which includes the Department's regulations for the verification of information submitted on a FAFSA by an applicant for financial assistance from the Federal student assistance programs authorized under title IV of the HEA. New Sec. 668.56(a) provides that for each award year the Secretary will publish in the Federal Register a notice announcing the FAFSA information that an institution and an applicant may be required to verify. New Sec. 668.57(d) further provides that if an applicant is selected to verify FAFSA information specified in the Federal Register notice, the applicant must provide the documentation that the Secretary has specified for that information in the Federal Register notice. Accordingly, through this notice, the Secretary announces the FAFSA information that an institution and an applicant may be required to verify and the acceptable documentation that an applicant must provide to an institution to verify such FAFSA information for the 2012-2013 award year, which is the first award year following the effective date of the regulations.

In February of 2009, The Department of Agriculture, Forest Service, Kootenai National Forest, in conjunction with Montana Department of Environmental Quality, issued a Draft Environmental Impact Statement for the Montanore Project. In response to public comment, the agencies revised the agencies' mine alternatives (Alternatives 3 and 4), and transmission line alignments (Alternatives C, D, and E). Most of the revisions to the mine alternatives addressed issues associated with water quality. The agencies' proposed monitoring and mitigation plans were also revised. Additional information and analyses concerning these alternatives and their effects on resources are contained in a Supplemental Draft Environmental Impact Statement (SDEIS). The project is located on public and private lands approximately 18 miles south of Libby, Montana. Mines Management, Inc. (MMI) submitted a proposed Plan of Operations and an application for a Hard Rock Operating Permit on January 3, 2005, pursuant to Forest Service locatable mineral regulations 36 CFR Part 228, Subpart A, and the State of Montana Metal Mine Reclamation Act MCA 82-4-301 et.seq.

This notice announces a meeting of the Basic Energy Sciences Advisory Committee (BESAC). Federal Advisory Committee Act (Pub. L. 92- 463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding three Information Collection Requests (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) the practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. 1. Title and Purpose of information collection: Certification of Termination of Service and Relinquishment of Rights; OMB 3220-0016. Under Section 2(e)(2) of the Railroad Retirement Act (RRA), an age and service annuity, spouse annuity, or divorced spouse annuity cannot be paid unless the RRB has evidence that the applicant has ceased railroad employment and relinquished rights to return to the service of a railroad employer. The procedure pertaining to the relinquishment of rights by an annuity applicant is prescribed in 20 CFR 216.24. Under Section 2(f)(6) of the RRA, earnings deductions are required each month an annuitant works in certain nonrailroad employment termed Last Pre- Retirement Non-Railroad Employment. Normally, the employee, spouse, or divorced spouse relinquishes rights and certifies that employment has ended as part of the annuity application process. However, this is not always the case. In limited circumstances, the RRB utilizes Form G-88, Certification of Termination of Service and Relinquishment of Rights, to obtain an applicant's report of termination of employment and relinquishment of rights. One response is required of each respondent. Completion is required to obtain or retain benefits. Previous Requests for Comments: The RRB has already published the initial 60-day notice (76 FR 24066 on April 29, 2011) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.

This final rule amends 49 CFR Part 544, Insurer Reporting Requirements. This Part specifies the requirements for annual insurer reports and lists in appendices those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices must file three copies of its report for the 2008 calendar year before October 25, 2011. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25.

The Sentencing Commission hereby gives notice of an amendment to a policy statement and commentary made pursuant to its authority under 28 U.S.C. 994(a) and (u). The Commission promulgated an amendment to Policy Statement 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. 3582(c)(2). The amendment amends 1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) (Policy Statement) in four ways. First, it expands the listing in 1B1.10(c) to include Amendment 750 (Parts A and C only) as an amendment that may be applied retroactively. Second, it amends 1B1.10 to change the limitations that apply in cases in which the term of imprisonment was less than the minimum of the applicable guideline range at the time of sentencing. Third, it amends the commentary to 1B1.10 to address an application issue about what constitutes the ``applicable guideline range'' for purposes of 1B1.10. Fourth, it adds an application note to 1B1.10 to specify that the court shall use the version of 1B1.10 that is in effect on the date on which the court reduces the defendant's term of imprisonment as provided by 18 U.S.C. 3582(c)(2).

The Shoshone Resource Advisory Committee (Committee) will meet in Thermopolis, Wyoming. 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 the meeting is to review Title II project proposals and select one or more to recommend to the Designated Federal Official.

The Coast Guard is amending 33 CFR 165.929 Safety Zones; Annual Events requiring safety zones in the Captain of the Port Lake Michigan zone. This rule will amend, establish, or delete the rules that restrict vessels from portions of water areas during events that pose a hazard to public safety. The safety zones amended or established by this rule are necessary to protect spectators, participants, and vessels from the hazards associated with various maritime events.

The Food Safety and Inspection Service (FSIS) is responding to comments on a January 28, 2008 Federal Register notice (73 FR 4767- 4774), which described upcoming policy changes in the FSIS Salmonella Verification Program and outlined a new voluntary Salmonella Initiative Program (SIP) for meat and poultry slaughter establishments that agree to share internal food safety data with FSIS in order to receive waivers of regulatory requirements. SIP benefits public health in that it encourages slaughter establishments to test for microbial pathogens and to respond to the ongoing results by taking steps when necessary to regain process control and thus to minimize the presence of pathogens of public health concern. In addition, SIP enables FSIS to use establishment data to enhance public health protection. In this notice, the Agency is announcing several policy developments and changes regarding SIP. This notice also includes Agency responses to comments on SIP and on other issues discussed in the January 2008 Federal Register notice.

We propose to adopt a new airworthiness directive (AD) for all PW JT9D-7R4H1 turbofan engines. This proposed AD would require removing certain high-pressure compressor (HPC) shafts before their certified life limits, and establishes a new, lower life-limit for these parts. This proposed AD was prompted by reports of cracks in five HPC shafts. We are proposing this AD to correct the unsafe condition on these products.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the R&H Oil/Tropicana Superfund Site in San Antonio, Bexar County, Texas. The proposed administrative settlement requires one (1) settling de minimis party, Lester L. Kelly, to pay a total of $8,128.73 as payment of response costs to the Hazardous Substances Superfund and the R&H Oil/Tropicana Superfund Site Special Account. The proposed administrative settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the proposed administrative settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's responses to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered SAB on July 28, 2011 to conduct a quality review of a draft SAB report, Review of EPA's Draft Oil Spill Research Strategy.

This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning July 1, 2011, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non- corporations, and the interest rate for underpayments will be 4 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.

The Secretary of the Interior (Secretary), through the Office of Indian Energy and Economic Development (IEED), is soliciting grant proposals from Federally-recognized Indian tribes for projects to build tribal capacity for energy resource development under the Department of the Interior's (DOI) Tribal Energy Development Capacity (TEDC) grant program. Under the Energy Policy Act of 2005, 25 U.S.C. 3502 (Act), Congress appropriates funds on a year-to-year basis to DOI for grants of funds to Indian tribes for use in assessing, developing, and sustaining the managerial and technical capacity needed to develop energy resources on Indian land and properly accounting for resulting energy resource production and revenues. We will use a competitive evaluation process based on criteria stated in the SUPPLEMENTARY INFORMATION section of this notice to select projects for funding awards.

The Office of Indian Energy and Economic Development (IEED), through its Native American Business Development Institute (NABDI), is soliciting proposals from federally recognized American Indian tribes for technical assistance funding to hire consultants to perform feasibility studies of economic development opportunities or long-term, strategic, reservation-wide economic development plans. These feasibility studies will empower American Indian tribes and tribal businesses to make informed decisions regarding their economic futures. Feasibility studies may concern the viability of an economic development project or business or the practicality of a technology a tribe may choose to pursue. The IEED will use a competitive evaluation process to select several proposed projects to receive an award.