July 15, 2011 – Federal Register Recent Federal Regulation Documents
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Retail Foreign Exchange Transactions
Under section 742(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''), certain foreign exchange transactions with persons who are not ``eligible contract participants'' (commonly referred to as ``retail forex transactions,'' and as further defined below) with a registered broker or dealer (``broker-dealer'') will be prohibited as of July 16, 2011, in the absence of the Commission adopting a rule to allow such transactions under terms and conditions prescribed by the Commission. The Commission is adopting interim final temporary Rule 15b12-1T to allow a registered broker-dealer to engage in a retail forex business until July 16, 2012, provided that the broker-dealer complies with the Securities Exchange Act of 1934 (``Exchange Act''), the rules and regulations thereunder, and the rules of the self-regulatory organization(s) of which the broker-dealer is a member (``SRO rules''), insofar as they are applicable to retail forex transactions.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits
This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in August 2011. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
Meetings of Humanities Panel
Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meeting of the Humanities Panel will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.
Food Additives Permitted for Direct Addition to Food for Human Consumption; Hydroxypropyl Cellulose
The Food and Drug Administration (FDA) is amending the food additive regulations for hydroxypropyl cellulose by lowering the minimum permitted viscosity from 145 centipoises (cPs) to 10 cPs and to permit its use as a binder in dietary supplements. This action is in response to a petition filed by Nisso America, Inc.
Actions Taken at June 23, 2011, Meeting
As part of its regular business meeting held on June 23, 2011, in North East, Maryland, the Commission convened a public hearing, at which it took the following actions: (1) Approved settlement involving one water resources project; (2) approved and tabled the applications of certain water resources projects, including six involving diversions of water into the Susquehanna River Basin; (3) rescinded approval for two water resources projects; (4) denied an administrative appeal by Allegheny Defense Project on three diversions into the Susquehanna River Basin from the Ohio River Basin approved by the Commission at its March 2011 meeting; (5) amended its Regulatory Program Fee Schedule to take effect on July 1, 2011; and (6) amended its comprehensive plan.
NASA Advisory Council; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council (NAC). The agenda topics for the meeting will include:
NASA Advisory Council; Education and Public Outreach Committee; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the Education and Public Outreach Committee of the NASA Advisory Council.
NASA Advisory Council; Science Committee; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-462, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Science Committee of the NASA Advisory Council (NAC). This Committee reports to the NAC. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.
State, Local, Tribal, and Private Sector Policy Advisory Committee (SLTPS-PAC)
In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR 101-6, announcement is made for the following committee meeting. The meeting will be held to discuss the matters relating to the Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities.
Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances
EPA is proposing to extend the global laboratory and analytical use exemption for the production and import of Class I ozone-depleting substances through December 31, 2014, consistent with the recent actions by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The exemption allows persons in the United States to produce and import controlled substances for laboratory and analytical uses that have not been already identified by EPA as nonessential. EPA is also seeking comment on adding to the list of procedures that are excluded from the exemption uses that are noted in Decision XXI/6 (from the 21\st\ Meeting of the Parties [MOP] to the Montreal Protocol). EPA is not proposing to add these procedures at this time.
Ball Bearings and Parts Thereof From Japan and the United Kingdom: Revocation of Antidumping Duty Orders
The Department of Commerce (the Department) is revoking the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom.
Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery
NMFS is closing the commercial fishery for non-sandbar large coastal sharks (LCS) in the Gulf of Mexico region. This action is necessary because the quota for the 2011 fishing season is projected to have reached at least 80 percent of the available quota.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral and Coral Reefs off the Southern Atlantic States; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. Louis Daniel, on behalf of the North Carolina Division of Marine Fisheries. If granted, the EFP would authorize a maximum of 12 commercial fishing vessels to harvest and land South Atlantic snapper- grouper species that are either currently prohibited to be harvested in general by the South Atlantic Snapper-Grouper Fishery Management Plan (FMP) (speckled hind and warsaw grouper) or are prohibited to be harvested beyond a depth of 240 ft (73.2 m) (blueline tilefish, misty grouper, queen snapper, silk snapper, snowy grouper, and yellowedge grouper). Authorized vessels would be eligible to harvest these species in the exclusive economic zone (EEZ) off North Carolina, specifically, the waters north of Cape Hatteras to the North Carolina/Virginia border. The purpose of this EFP would be to provide basic life history information for any fish harvested, particularly blueline tilefish. An additional purpose of the EFP would be to determine the distribution of speckled hind and warsaw grouper in the study area to determine if these species are bycatch in the commercial blueline tilefish component of the South Atlantic snapper-grouper fishery.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary decision that an Exempted Fishing Permit (EFP) application contains all of the required information and now warrants public input on the application. This proposed project would be conducted by the Atlantic Offshore Lobstermen's Association (AOLA), in conjunction with scientists and the fishing industry, to help them understand the settlement and location of larval lobsters, and the size of the population in management Area 3. This EFP would excuse 11 commercial fishing vessels from the following Federal American lobster regulation: Mutilation requirement within American lobster management Area 3. The researchers propose to collect a pleopod (small swimmerettes located on the lower body at the front side of the tail section of the lobster) from a maximum of 100 sexually immature juvenile lobsters during the AOLA project. The lobsters would then be measured and their sex determined before immediately being returned alive to the ocean. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Mid-Atlantic Fishery Management Council (MAFMC); Meeting
The Joint Mid-Atlantic Fishery Management Council's and the Atlantic States Marine Fisheries Commission's Summer Flounder, Scup, Black Sea Bass, and Bluefish Industry Advisory Panels will hold public meetings.
Information Collection 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.
Information Collection 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 Intent (NOI) To Prepare An Environmental Impact Statement (EIS) for Proposed Conversion to the F-15 Aircraft for the 144th Fighter Wing, California Air National Guard At Fresno-Yosemite International Airport, Fresno, CA
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and Air Force policy and procedures (32 CFR part 989), the National Guard Bureau is issuing this notice to advise the public of its intent to prepare an EIS to evaluate the potential environmental impacts that could result from the proposed conversion to the F-15 aircraft at the 144th Fighter Wing (144 FW) installation at Fresno-Yosemite International Airport. As a result of the Combat Air Forces fighter reduction (CAF REDUX), the 144 FW at Fresno-Yosemite International Airport in Fresno, California is proposing to convert from F-16 Falcon primary assigned aircraft (PAA) and operations to F-15 Eagle PAA and operations. 144 FW personnel would be re-trained to maintain, operate, and provide air sovereignty alert capabilities for the airspace over California and its population centers. Alternative locations at military flying installations within the State of California were considered but dimissed due to a lack of minimum airfield requirements and existing facilities that could be modified at minimal cost. F-15 flying operations at the Fresno-Yosemite International Airport would remain at similar levels to the current F-16 operations or increase slightly, depending on the alternative selected. The EIS will also evaluate the potential impacts of converting the 144 FW's 3 F-16 alert aircraft based on March Air Reserve Base (ARB) in Riverside, CA to 3 F-15 aircraft. The EIS will evaluate two action alternatives as well as the no- action alternative. The two action alternatives analyzed will be a conversion from 18 F-16 PAA to 18 F-15 PAA; or conversion to 24 F-15 PAA. The National Guard Bureau will conduct scoping meetings to solicit public input concerning the proposal. The scoping process will help identify issues to be addressed in the environmental analysis. Comments will be accepted at any time during the environmental impact analysis process. However, to ensure the Air Force has sufficient time to consider public input in the preparation of the Draft EIS, comments should be submitted to the address below by August 19, 2011. Notices will be posted and published in the Fresno Bee and the Riverside Press Enterprise. A scoping meeting will be held in the ballroom at the Piccadilly InnAirport, 5115 E. McKinley Avenue, Fresno, CA, on 2 August 2011; and a second scoping meeting will be held at the TownGate Community Center, 13100 Arbor Park Lane, Moreno Valley, CA on 4 August 2011, from 6-9 p.m.
Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver
The EPA is proposing criteria for determining whether onboard refueling vapor recovery (ORVR) is in widespread use for purposes of controlling motor vehicle refueling emissions throughout the motor vehicle fleet. The EPA is also proposing to determine the date at which such widespread use of ORVR will occur. Once the Administrator has determined that widespread use has occurred, the Administrator may waive Clean Air Act (CAA or Act) statutory requirements for states to implement Stage II gasoline vapor recovery systems at gasoline dispensing facilities in areas classified ``Serious,'' ``Severe,'' or ``Extreme'' for nonattainment of the ozone national ambient air quality standard (NAAQS). Based on the proposed criteria, the EPA is proposing to determine that June 30, 2013, will be the date when ``widespread use'' will occur and the Stage II waiver will be effective. This rulemaking was identified as an example of examining rules to make sure they are still achieving the environmental benefit that was originally intended.
Irish Potatoes Grown in Washington; Decreased Assessment Rate
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that decreased the assessment rate established for the State of Washington Potato Committee (Committee) for the 2011-2012 and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight of potatoes handled. The Committee locally administers the marketing order for Irish potatoes grown in Washington. The interim rule was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Attainment and Determination of Clean Data for the Annual 1997 Fine Particle Standard for the Charleston Area
EPA is proposing to make two determinations regarding the Charleston, West Virginia fine particulate matter (PM2.5) nonattainment area (hereafter referred to as ``Charleston Area'' or ``Area''). First, EPA is proposing to determine that the Area has attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS). This proposed determination of attainment is based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 period showing that the Charleston Area has attained the 1997 annual PM2.5 NAAQS and data available to date for 2010 in EPA's Air Quality System (AQS) database that show the area continues to attain. If EPA finalizes this proposed determination of attainment, the requirements for the Charleston Area to submit attainment demonstrations and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the Area continues to attain the annual PM2.5 NAAQS. Second, EPA is also proposing to determine based on quality-assured and certified monitoring data for the 2007- 2009 monitoring period that the area has attained the 1997 annual PM2.5 NAAQS, by its applicable attainment date of April 5, 2010.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Particulate Matter Emissions From the Operation of Outdoor Wood-Fired Boilers
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the control of particular matter emissions from the operation of outdoor wood-fired boilers. This action is being taken under the Clean Air Act (CAA).
Agency Information Collection Activities: Comment Request
The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. The full submission may be found at: https://www.reginfo.gov/public/do/ PRAMain. This is the second notice; the first notice was published at 76 FR 24061 and no substantial comments were received. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden 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 those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725 17th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send email to splimpto@nsf.gov. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
Procurement List; Additions and Deletions
This action adds services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes services from the Procurement List previously provided by such agencies.
Procurement List; Proposed Additions
The Committee is proposing to add a product and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must Be Received On or Before: 8/15/2011.
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