July 26, 2011 – Federal Register Recent Federal Regulation Documents
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Puerto Rico Disaster #PR-00013
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Puerto Rico (FEMA-4004-DR), dated 07/14/2011. Incident: Severe Storms, Flooding, Mudslides, and Landslides. Incident Period: 05/20/2011 through 06/08/2011. Effective Date: 07/14/2011. Physical Loan Application Deadline Date: 09/12/2011. Economic Injury (EIDL) Loan Application Deadline Date: 04/16/2012.
Pennsylvania Disaster #PA-00040
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Pennsylvania (FEMA-4003-DR), dated 07/13/2011. Incident: Severe Storms and Flooding. Incident Period: 04/25/2011 through 04/28/2011. Effective Date: 07/13/2011. Physical Loan Application Deadline Date: 09/12/2011. Economic Injury (EIDL) Loan Application Deadline Date: 04/13/2012.
Transfer of Federally Assisted Land or Facility
Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the Northern Indiana Commuter Transportation District (NICTD) intends to transfer a parcel of property to the National Railroad Passenger Corporation (Amtrak), a corporation organized under the Rail Passenger Service Act, recodified 48 U.S.C. 24101 et seq., and the laws of the District of Columbia, and having its principal place of business at 60 Massachusetts Avenue, NE., Washington, DC 20002. Northern Indiana Commuter Transportation District currently owns the land. The property, which consists of 1.97 acres, is located at Amtrak South Bend Station, 2702 West Washington Street, South Bend, Indiana, 46628 and consists of approximately the following components: Station and Parking Lot Area of 1.13 acres, Undeveloped Land of 0.84 acres and Station Building of 5,890 square feet (the ``Property''). NICTD wishes to transfer ownership of the Property to Amtrak for Amtrak's continued use as their passenger station in South Bend, Indiana. Amtrak has used the Property since 1975 and wishes to continue to use it for an Amtrak station. NICTD has not used it since 1992. Because Amtrak seeks to make major renovations to the station to make it more usable for their passengers and Amtrak is the only entity using the Property, NICTD seeks to relinquish ownership of the Property to Amtrak.
Proposed Collection; Comment Request for Form 1125-E
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1125-E, Compensation of Officers.
Proposed Collection; Comment Request for Form 1125-A
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1125-A, Cost of Goods Sold.
Proposed Collection; Comment Request for Form 1041-A
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1041-A, U.S. Information Return-Trust Accumulation of Charitable Amounts.
Proposed Collection; Comment Request for A Notice
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The IRS is soliciting comments concerning information collection requirements related to election to defer net experience loss in a multiemployer plan.
Proposed Collection; Comment Request for Regulation Project
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The IRS is soliciting comments concerning information collection requirements related to new technologies in retirement plans.
Proposed Collection; Comment Request for Regulation Project
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The IRS is soliciting comments concerning information collection requirements related to residence rulings involving U.S. possessions.
Proposed Collection; Comment Request for Publication 3319
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Publication 3319, Low-Income Taxpayer Clinics 2012 Grant Application Package and Guidelines.
Proposed Collection; Comment Request for Regulation Project
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The IRS is soliciting comments concerning information collection requirements related to ten or more employer plans.
Agency Information Collection Activities: Proposed Collection; Comment Request: See List of Evaluation Related ICRs Planned for Submission to OMB in Section A
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Udall Foundation, is planning to submit seven Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). All seven ICRs seek revisions to currently approved collections due to expire 12/ 31/2011 (OMB control numbers 3320-0003, 3320-0004, 3320-2005, 3320- 0006, 3320-0007, 3320-0009 and 3320-0010). The seven ICRs are consolidated under a single filing to provide a more coherent picture of information collection activities designed primarily to measure performance. The proposed collections are necessary to support program evaluation activities. The collection is not expected to have a significant economic impact on respondents or to affect a substantial number of small entities. Before submitting the ICRs to OMB for review and approval, the U.S. Institute requests comments on specific aspects of the proposed information collection as described at the beginning of the section labeled SUPPLEMENTARY INFORMATION. Supporting statements for the proposed paperwork collections can be downloaded from the Institute's Web site https://ecr.gov/Resources/ EvaluationProgram.aspx. Paper copies can be obtained from Patricia Orr, Director of Policy, Planning and Budget, U.S. Institute for Environmental Conflict Resolution, 130 South Scott Avenue, Tucson, Arizona 85701, Fax: 520-670-5530, Phone: 520-901-8548, E-mail: orr@ecr.gov.
Proposed Collection; Comment Request for Revenue Procedure(s)
The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The IRS is soliciting comments concerning information collection requirements related to waiver of 60-month bar on reconsolidation after disaffililiation and procedure to eliminate impediments to e-filing consolidated returns and reduce reporting requirements.
Acceptance of Public Submissions for a Study on International Swap Regulation Mandated by Section 719(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Section 719(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) requires the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC and, together with the CFTC, the Commissions) jointly to study and then report to Congress on swap regulation and clearinghouse regulation in the United States, Asia, and Europe and to identify areas of regulation that are similar and other areas of regulation that could be harmonized. The report also must identify major dealers, exchanges, clearinghouses, clearing members, and regulators in each geographic area and describe the major contracts (including trading volumes, clearing volumes, and notional values), methods for clearing swaps, and the systems used for setting margin in each geographic area. In connection with the study and report, the CFTC and SEC are issuing this request for information through public comment.
Designation of Eight Counties as High Intensity Drug Trafficking Areas
The Director of the Office of National Drug Control Policy has designated eight additional counties as High Intensity Drug Trafficking Areas pursuant to 21 U.S.C. 1706. The new counties are (1) Orange County in New York as part of the New York/New Jersey HIDTA; (2) Medocino County in California as part of the Northern California HIDTA; (3) Porter County in Indiana as part of the Lake County HIDTA; (4) Lexington and Richland Counties in South Carolina as part of the Atlanta HIDTA; (5) Harford County in Maryland as part of the Washington/Baltimore HIDTA; (6) Putnam and Mercer Counties in West Virginia as part of the Appalachia HIDTA.
Airworthiness Directives; The Boeing Company Model 747 Airplanes and Model 767 Airplanes Equipped With General Electric Model CF6-80C2 or CF6-80A Series Engines
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires revising the airplane flight manual (AFM) to advise the flightcrew to use certain procedures during descent in certain icing conditions. This AD was prompted by reports of several in-flight engine flameouts, including multiple dual engine flameout events and one total power loss event, in ice-crystal icing conditions. We are issuing this AD to ensure that the flightcrew has the proper procedures to follow in certain icing conditions. These certain icing conditions could cause a multiple engine flameout during flight with the potential inability to restart the engines, and consequent forced landing of the airplane.
Boards and Committees
This direct final rule makes nonsubstantive organizational changes to the NASA Inventions and Contributions Board (the Board) and removes and replaces obsolete references. The National Aeronautics and Space Administration (NASA) is amending its regulations by removing the reference to an obsolete NASA Management Instruction and to afford organizational flexibility to the Administrator in the functional placement of the Inventions and Contributions Board within the Agency without the need to amend the Code of Federal Regulations.
Notice of a Change in Status of an Extended Benefit (EB) Period for Massachusetts, New Mexico, and New York
This notice announces a change in benefit period eligibility under the EB program for Massachusetts, New Mexico, and New York. The following changes have occurred since the publication of the last notice regarding the States' EB status: Based on data released by the Bureau of Labor Statistics on June 17, the three month average, seasonally adjusted total unemployment rates for Massachusetts, New Mexico, and New York fell below the 8.0% threshold necessary for a high unemployment period (HUP) in the EB program. As a result, the payable period for Massachusetts and New Mexico in HUP concluded July 9, 2011, and the payable period for New York in HUP concluded July 10, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 20 weeks to a maximum potential entitlement of 13 weeks in the EB program. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.
Announcement Regarding States Triggering “Off” of Tiers Three and Four of Emergency Unemployment Compensation 2008 (EUC08)
Announcement regarding states triggering ``off'' of Tiers Three and Four of the Emergency Unemployment Compensation (EUC08) program. Public law 111-312 extended provisions in public law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https:// ows.doleta.gov/unemploy/claimsarch.asp. Based on data published June 17 by the Bureau of Labor Statistics, the following trigger changes have occurred for states in the EUC08 program: Indiana's three month average, seasonally adjusted total unemployment rate fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Indiana could exhaust Tier Three, and establish Tier Four eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Four after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 53 weeks to a maximum potential entitlement of 47 weeks in the EUC08 program. Oklahoma's three month average, seasonally adjusted total unemployment rate fell below the 6% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Oklahoma could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Three after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 47 weeks to a maximum potential entitlement of 34 weeks in the EUC08 program.
United States-Peru Trade Promotion Agreement Notice of Determination Regarding Review of Submission #2010-03
The Office of Trade and Labor Affairs (OTLA) gives notice that on July 19, 2011, Submission 2010-03 was accepted for review pursuant to Article 17.2 of Chapter 17 (the Labor Chapter) of the United States-Peru Trade Promotion Agreement (PTPA). The submission was filed with OTLA on December 29, 2010, by a Peruvian union, the Sindicato Nacional de Unidad de Trabajadores de Superintendencia Nacional de Administraci[oacute]n Tributaria (SINAUT- SUNAT). The submission alleges the Government of Peru has violated Article 17.2 of the Labor Chapter of the PTPA by failing to adopt and maintain in its statutes and regulations, and practices thereunder, the effective recognition of the right to collective bargaining as stated in the International Labour Organization's Declaration on Fundamental Principles and Rights at Work and its Follow-Up. SINAUT-SUNAT alleges that the employer, Superintendencia Nacional de Administraci[oacute]n Tributaria (SUNAT) has refused to negotiate in good faith and engage constructively at various stages of the collective bargaining process, as required by Peruvian law. These allegations are supported by facts which, if substantiated, could demonstrate that the Government of Peru's actions were inconsistent with its commitments under the Labor Chapter. The objective of the review of the submission will be to gather information so that OTLA can better understand the allegations therein and publicly report on the U.S. Government's views regarding whether the Government of Peru's actions were consistent with its obligations under the Labor Chapter of the PTPA.
Announcement of Requirements and Registration for “Using Public Data for Cancer Prevention and Control: From Innovation to Impact Challenge”
``Using Public Data for Cancer Prevention and Control: From Innovation to Impact Challenge'' is a challenge aimed at encouraging multidisciplinary teams of software developers, entrepreneurs, and health scientists to use health-related data made available by the National Cancer Institute (NCI) and other Federal agencies to create innovative consumer health applications that will provide actionable steps for consumers along the cancer control and prevention continuum. This challenge will provide useful tools for public health promotion and protection, a key goal of the U.S. Department of Health and Human Services. The statutory authority for this challenge competition is Section 105 of the America COMPETES Reauthorization Act of 2010 (Pub. L. 111- 358).
Claims for Patent and Copyright Infringement
The National Aeronautics and Space Administration (NASA) proposes regulations relating to requirements for the filing of claims against NASA where a potential claimant believes NASA is infringing privately owned rights in patented inventions or copyrighted works. The requirements for filing an administrative claim are important since the filing of a claim carries with it certain rights relating to the applicable statute of limitations for filing suit against the Government. The proposed regulations set forth guidelines as to what NASA considers necessary to file a claim for patent or copyright infringement, and they also provide for written notification to the claimant upon completion of an investigation by NASA.
Statement of General Policy or Interpretation; Commentary on the Fair Credit Reporting Act
The Federal Trade Commission (``FTC'' or ``Commission'') is rescinding its Statements of General Policy or Interpretations Under the Fair Credit Reporting Act (``FCRA''). Recent legislation transferred authority to issue interpretive guidance under the FCRA to the Consumer Financial Protection Bureau (``CFPB'').
Hazardous Materials Transportation: Revisions of Special Permits Procedures; Response to Appeals; Corrections
On January 5, 2011, PHMSA published a final rule under Docket Number PHMSA-2009-0410 (HM-233B) that amended the Hazardous Materials Regulations to revise the application procedures for special permits. Specifically, the revisions required an applicant to provide additional information about its operation to enable the agency to better evaluate the applicant's ability to demonstrate an equivalent level of safety and the safety impact of operations that would be authorized in the special permit. In response to appeals submitted by entities affected by the January 5 final rule, this final rule amends requirements and provides additional clarification to the January 5 final rule.
Process for Review of Swaps for Mandatory Clearing
The Commodity Futures Trading Commission (Commission or CFTC) is adopting regulations to implement certain provisions of the Dodd- Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). These regulations establish the process by which the Commission will review swaps to determine whether the swaps are required to be cleared.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Giant Palouse Earthworm (Drilolerius americanus) as Threatened or Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the giant Palouse earthworm (Driloleirus americanus) as threatened or endangered as petitioned, and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the giant Palouse earthworm is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the giant Palouse earthworm or its habitat at any time.
Notice of Buy American Waiver Under the American Recovery and Reinvestment Act of 2009
NSF is hereby granting a limited project-specific exemption of section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 111-5, 123 Stat. 115, 303 (2009), with respect to incidental items costing $10,000 or less used in and incorporated into the Alaska Region Research Vessel (ARRV) project.
Renewable Energy and Energy Efficiency Advisory Committee
The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will meet via conference call to deliberate proposed recommendations by the Trade Policy, Trade Promotion and Domestic Policy Subcommittees to the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of the U.S. renewable energy and energy efficiency industries, including specific challenges associated with exporting.
Petition Requesting Non-See-Through Packaging for Torch Fuel and Lamp Oil
The U.S. Consumer Product Safety Commission (``Commission'' or ``we'') has received a petition (PP 11-1) requesting that the Commission initiate rulemaking to require special packaging for torch fuel and lamp oil to make it impossible to see the product when it is in the container. We invite written comments concerning the petition.
Children's Products Containing Lead; Technological Feasibility of 100 ppm for Lead Content; Notice of Effective Date of 100 ppm Lead Content Limit in Children's Products
Section 101(a) of the Consumer Product Safety Improvement Act (``CPSIA'') provides that, as of August 14, 2011, children's products may not contain more than 100 parts per million (``ppm'') of lead unless the Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') determines that such a limit is not technologically feasible. The determination can only be made after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products. On February 16, 2011, we conducted a public hearing to receive views from all interested parties about the technological feasibility of meeting the 100 ppm lead content limit for children's products and associated public health considerations. Through this document, we announce that children's products must meet the statutory 100 ppm lead content limit on August 14, 2011, unless otherwise excluded under CPSC regulations.\1\
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings
The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2011-12 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. This proposed rule also provides the final regulatory alternatives for the 2011-12 duck hunting seasons.
Labeling for Bronchodilators To Treat Asthma; Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use
The Food and Drug Administration (FDA) is amending the final monograph (FM) for over-the-counter (OTC) bronchodilator drug products to add additional warnings (e.g., an ``Asthma alert'') and to revise the indications, warnings, and directions in the labeling of products containing the ingredients ephedrine, ephedrine hydrochloride, ephedrine sulfate, epinephrine, epinephrine bitartrate, racephedrine hydrochloride, and racepinephrine hydrochloride. FDA is issuing this final rule after considering data and information submitted in response to the Agency's proposed labeling revisions for these products. This final rule is part of FDA's ongoing review of OTC drug products.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska; Amendment 83
NMFS proposes a rule to implement Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA). If approved, Amendment 83 would allocate the Western and Central GOA Pacific cod total allowable catch (TAC) limits among various gear and operational sectors. Sector allocations would limit the amount of Western and Central GOA Pacific cod that each sector is authorized to harvest. This action would reduce competition among sectors and support stability in the Pacific cod fishery. This rule would also limit access to the Federal Pacific cod TAC fisheries prosecuted in State waters, commonly known as the parallel fishery, adjacent to the Western and Central GOA. This action is intended to promote community participation and provide incentives for new entrants in the jig sector. It also promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan, and other applicable laws.
Application of Regulations on Fuel Venting
This document advises the public of a recent decision by the Federal Aviation Administration (FAA) concerning the application of certain provisions of the regulations regarding fuel venting requirements.
A National Broadband Plan for Our Future; Petition for Reconsideration
In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding concerning a national broadband plan for our future and published pursuant to 47 CFR 1.429(e). See 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)).
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way
The Architectural and Transportation Barriers Compliance Board is proposing accessibility guidelines for the design, construction, and alteration of pedestrian facilities in the public right-of-way. The guidelines ensure that sidewalks, pedestrian street crossings, pedestrian signals, and other facilities for pedestrian circulation and use constructed or altered in the public right-of-way by state and local governments are readily accessible to and usable by pedestrians with disabilities. When the guidelines are adopted, with or without additions and modifications, as accessibility standards in regulations issued by other federal agencies implementing the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Architectural Barriers Act, compliance with the accessibility standards is mandatory.
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