August 3, 2011 – Federal Register Recent Federal Regulation Documents

This document informs the public that an appeal of the closing of the Still Pond, Maryland post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action.

The proposed information collection requirement described below will be 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.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 18) granting a joint motion to terminate the investigation based on settlement.

The Food and Drug Administration (FDA), the Director of the Center for Drug Evaluation and Research (the Center Director), is proposing to refuse to approve a supplemental new drug application submitted by ISTA Pharmaceuticals, Inc. (ISTA), for a new 2.4 milliliter (mL) fill size for Bromday (bromfenac ophthalmic solution), 0.09%. This notice summarizes the grounds for the proposal of the Center for Drug Evaluation and Research (CDER) and offers ISTA an opportunity to request a hearing on the matter.

The National Institute of Corrections (NIC) is seeking applications from organizations, groups or individuals to enter into a cooperative agreement for an 18-month period for the development and piloting of a curriculum specific to working with justice involved women. NIC has developed and delivered a number of training programs specific to management of women offenders. Each such program targets varied audiences and objectives, all with the common goal of improving justice system and individual outcomes for women offenders in the criminal justice system. Since the original ``Women Offenders: Developing an Agency-Wide Approach'' was delivered, significant findings specific to women have emerged, increasing our understanding of the risk, needs, and strengths of this population. This solicitation is for the development of a blended-learning curriculum that can be used to guide correctional leadership teams representing jails, prisons, and/or community corrections in planning an agency-wide process for the effective management of justice involved women. The curriculum will incorporate research-based information and will reflect adult learning theory using blended learning and Web-based technology.

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(d), the Department of Defense gives notice that it is renewing the charter for the Defense Policy Board (hereafter referred to as the ``Board''). The Board is a discretionary Federal advisory committee that shall provide the Secretary of Defense and the Deputy Secretary of Defense, through the Under Secretary of Defense (Policy), independent, informed advice and opinion concerning matters of defense policy. The Board shall focus on: (a) Issues central to strategic DoD planning; (b) policy implications of U.S. force structure and force modernization and on DoD's ability to execute U.S. defense strategy; (c) U.S. regional defense policies; and (d) any other research and analysis of topics raised by the Secretary of Defense, the Deputy Secretary or the Under Secretary of Defense (Policy). The Under Secretary of Defense (Policy) may act upon the Board's advice and recommendations. The Board shall be comprised of no more than twenty-eight members who have distinguished backgrounds in defense and national security affairs. Board members appointed by the Secretary of Defense, who are not full-time or permanent part-time Federal employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and shall serve as special government employee members. Board members shall serve a term of two years on the Board and, with the Secretary of Defense's approval, may serve additional terms; however, the Secretary of Defense shall renew their appointments on an annual basis. All Board members are appointed to provide advice on behalf of the government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. The Secretary of Defense shall select the Board's Chairperson from the membership at large. In addition, the Secretary of Defense appoints the chairpersons of the Defense Business Board and the Defense Science Board as non-voting ex-officio members of the Defense Policy Board and their appointments shall not count toward the Board's total membership. With the exception of travel and per diem for official travel, Board members shall serve without compensation. The Under Secretary of Defense for Policy, according to DoD policies and procedures, may appoint experts and consultants as subject matter experts under the authority of 5 U.S.C. 3109 to advise the Board or its subcommittees; these individuals do not count toward the Board's total membership nor do they have voting privileges. In addition, these subject matter experts, when appointed, shall not participate in any discussions dealing with the substantive matters before the Board or its subcommittees unless the Secretary of Defense or the Deputy Secretary of Defense specifically invites them to participate in the deliberations according to DoD policies and procedures. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other governing Federal regulations. Such subcommittees shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members, who are not Board members, shall be appointed in the same manner as the Board members. Such individuals, if not full- time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. With the exception of travel and per diem for official travel, subcommittee members shall serve without compensation.

On July 21, 2011 (76 FR 43666-43673), DoD published a notice announcing its intent to alter a Privacy Act System of Records. Routine use number 22 a. was incorrectly written. This notice corrects that error.

On June 3, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 75 FR 31373. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Lawrence County, Missouri, and Incorporated Areas. Specifically, it addresses the following flooding sources: Chapel Drain, Clear Creek, Kelly Creek Tributary, Tributary No. 1, Tributary 2, Unnamed Tributary, Unnamed Tributary Number 1, Unnamed Tributary Number 2, Unnamed Tributary Number 3, and Unnamed Tributary Number 4.

On May 25, 2010, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 75 FR 29290. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Anne Arundel County, Maryland, and Incorporated Areas. Specifically, it addresses the following flooding sources: Cabin Branch, Franklin Branch, Hall Creek, Little Patuxent River, Marley Creek, Midway Branch, Patapsco River, Patuxent River, Sawmill Creek, and Severn Run.

This notice amends the notice of a major disaster declaration for the State of Montana (FEMA-1996-DR), dated June 17, 2011, and related determinations.

The Board of Governors of the Federal Reserve System (``Board'') is publishing for comment a regulation to permit banking organizations under its supervision to engage in off-exchange transactions in foreign currency with retail customers. The proposed rule also describes various requirements with which banking organizations must comply to conduct such transactions.

There will be a 2-day consultation meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review scientific issues concerning the Two-dimensional Exposure Rainfall-Runoff Assessment (TERRA) Watershed Model and its use in the FIFRA Ecological Risk Assessment for Antimicrobial Uses of Copper.

The North Fork Ranger District, Salmon-Challis National Forest, is proposing an integrated hazardous fuels and forest restoration project in the Upper North Fork drainage. The approximately 41,000 acre planning area is being considered for treatments consisting primarily of prescribed burning and mechanical thinning. The drainage area includes the communities of Moose Creek Estates, Royal Elk Ranch, Lost Trail Ski Area, Gibbonsville and North Fork which have widespread private land resources, and have been identified as ``at-risk'' communities by Lemhi County and the State of Idaho. Lemhi County's Wildfire Prevention Plan has designated the North Fork drainage as high priority for hazardous fuel reduction, an essential criteria allowing the use of authorities and expedited environmental analysis under the Healthy Forest Restoration Act (HFRA) of 2003. A collaborative process was used to obtain suggestions and input on restoration needs and potential activities for this project area to improve the health of the ecosystem and reach the desired future condition.

The Securities and Exchange Commission (``Commission'') is adopting new Rule 13h-1 and Form 13H under Section 13(h) of the Securities Exchange Act of 1934 (``Exchange Act'') to assist the Commission in both identifying, and obtaining trading information on, market participants that conduct a substantial amount of trading activity, as measured by volume or market value, in the U.S. securities markets. Rule 13h-1 will require a ``large trader,'' defined as a person whose transactions in NMS securities equal or exceed 2 million shares or $20 million during any calendar day, or 20 million shares or $200 million during any calendar month, to identify itself to the Commission and make certain disclosures to the Commission on Form 13H. Upon receipt of Form 13H, the Commission will assign to each large trader an identification number that will uniquely and uniformly identify the trader, which the large trader must then provide to its registered broker-dealers. Such registered broker-dealers will then be required to maintain records of two additional data elements in connection with transactions effected through accounts of such large traders (the large trader identification number, and the time transactions in the account are executed). In addition, the Commission is requiring that such broker-dealers report large trader transaction information to the Commission upon request through the Electronic Blue Sheets systems currently used by broker-dealers for reporting trade information. Finally, certain registered broker-dealers subject to the Rule will be required to perform limited monitoring of their customers' accounts for activity that may trigger the large trader identification requirements of Rule 13h-1. The large trader reporting requirements are designed to provide the Commission with a valuable source of useful data to support its investigative and enforcement activities, as well as facilitate the Commission's ability to assess the impact of large trader activity on the securities markets, to reconstruct trading activity following periods of unusual market volatility, and to analyze significant market events for regulatory purposes.

The Board adopts its 2011 User-Fee Update and revises its fee schedule to reflect a combination of increased and decreased costs, resulting from a freeze on wage and salary increases in 2011, coupled with changes to the Board's overhead & publication costs.

This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``Evaluation of the Technical Assistance to ARRA Complex Patient Grantees Project'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for the permanent program performance standards-surface mining activities and underground mining activities.

The Deschutes Provincial Advisory Committee will meet on July 22, 2011 to conduct a field trip to review projects relevant to the goals and objectives of the committee. Members will meet at the Deschutes National Forest Supervisor's office, Upper Deschutes Conference Room (1001 SW Emkay Drive, Bend Oregon) at 9 a.m. The field trip will be from 9:30 a.m. until 2 p.m. All Deschutes Province Advisory Committee meetings are open to the public.

The Fish and Wildlife Service (Service) has developed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walruses during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period include types of activities similar to those covered by the previous 5- year Beaufort Sea incidental take regulations that were effective from August 2, 2006, through August 2, 2011. We find that the total expected takings of polar bears and Pacific walruses during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 17 years of data on the encounters and interactions between polar bears, Pacific walruses, and Industry; recent studies of potential effects of Industry on these species; oil spill risk assessments; potential and documented Industry impacts on these species; and current information regarding the natural history and status of polar bears and Pacific walruses. This rule is effective for 5 years from date of issuance.