August 4, 2011 – Federal Register Recent Federal Regulation Documents

FMCSA announces receipt of applications from 33 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt fifteen individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

NIH licensees can now expedite the receipt of research tools through the use of Pay.gov for rapid processing of their royalty payments.

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). On September 22, 2010, the Department initiated the August 1, 2009, through July 31, 2010, antidumping duty administrative review on certain frozen fish fillets from Vietnam. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation, 75 FR 60076, (September 29, 2010). Based upon requests for review from various parties, the Department initiated this review with respect to 26 companies.\1\ On December 27, 2010, Agifish withdrew its request for an administrative review. On December 28, 2010, SAMEFICO withdrew its request for an administrative review. On December 28, 2010, Petitioners \2\ partially withdrew their August 31, 2010, request for an administrative review for four companies. These companies include: (1) Agifish; (2) Nam Viet; (3) Nam Viet Corporation; and (4) SAMEFICO. On March 11, 2011, Cadovimex II withdrew its request for an administrative review. On March 14, 2011, Petitioners withdrew their review request for Cadovimex II. The preliminary results of this administrative review are currently due no later than August 31, 2011.\3\

Applicant seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. Filing Date: The application was filed on July 20, 2011. Applicant's Address: 2943 Olney-Sandy Spring Rd., Suite A, Olney, MD 20832.

On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. The purpose of this document is to cancel four scheduled tribal consultations.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered Clean Air Scientific Advisory Committee (CASAC) on August 29, 2011 to conduct a quality review of a draft CASAC report, Review of EPA's Photochemical Assessment Monitoring Stations (PAMS) Network Re-engineering project.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify or alter a SOR titled, ``Medicare Advantage Prescription Drug (MARx) System, No. 09-70-4001,'' last modified at 70 FR 60530 (October 18, 2005). CMS proposes to broaden the data collected and stored by this system as part of a redesign and modernization of the MARx System. On December 8, 2003, Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173). MMA amended the Social Security Act (the Act) by adding the Medicare Part D Program under Title XVIII and mandated that CMS establish a voluntary Medicare prescription drug benefit program effective January 1, 2006. Under the Medicare Part D benefit, the Act allows Medicare payment to plans that contract with CMS to provide qualified Part D prescription drug coverage as described in 42 Code of Federal Regulations (CFR) 423.401. The MARx System processes all enrollment/disenrollment transactions associated with the Part D program. The modified MARx System will accept and store Health Plan-supplied beneficiary residence addresses on an initial Part C and/or Part D enrollment or a subsequent record update transaction from the Plan. The main source of beneficiary residence address is the Social Security Administration (SSA). The address SSA provides, however, may not be the beneficiary's residence address. Beneficiary addresses are initially provided by SSA from the beneficiary's enrollment in Part A and/or Part B, and frequently reflect an address of a representative payee or a Post Office (P.O.) Box, not the residence of the beneficiary. This limits the effectiveness of geographically-sensitive Plan payment decisions. Plans have more accurate beneficiary address information, which is updated on a case-by-case basis. CMS wishes to allow this data to be transmitted in initial enrollment and subsequent record update transactions from the Plans, and additionally translated into valid residence address State and County Codes for subsequent use in service area determination. Support for Plan-supplied residence address will improve the accurate application of geographically sensitive rates in Plan payment calculation. The Plan-supplied beneficiary residence address will be updated and saved with the beneficiary's enrollment data in the MARx System. The residence address provided by the Plan will only apply to periods when the beneficiary is enrolled in that Plan. We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charges with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 7 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. We will broaden the scope of published routine uses number 8 and 9, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating ``waste'' which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs. We will add a new routine use authorizing disclosure of individually identifiable information to assist in efforts to respond to a suspected or confirmed breach of the security or confidentiality of information maintained in these systems of records. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update language in the administrative sections to correspond with language used in other CMS SORs. We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the Health Care Financing Administration systems of records. The new assigned identifying number for this system should read: System No. 09-70-0588. The primary purpose of the SOR is to maintain a master file of Medicare Advantage (MA) and Medicare Advantage Prescription Drug (MA- PD) plan members for accounting and payment control; expedite the exchange of data with MA and MA-PD; control the posting of pro-rata amounts to the Part B deductible of currently enrolled MA members; and track participation of the prescription drug benefits provided under prescription drug plans (PDPs) and Medicare employer plans. Information in this system is disclosed to: (1) Support regulatory, reimbursement, and policy functions performed by a contractor, consultant, or CMS grantee contracted by the Agency; (2) support another Federal or State agency, agency of a state government, an agency established by state law, or its fiscal agent; (3) assist providers and suppliers of service directly or dealing through contractors, fiscal intermediaries (FI) or carriers for the administration of Title XVIII Medicaid state agency; (4) assist third party contacts in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs; (5) assist insurance companies, third party administrators, employers, self-insurers, managed care organizations, and other supplemental insurers; (6) facilitate research on the quality and effectiveness of care provided, as well as payment-related projects; (7) support litigation involving the Agency; (8) combat fraud and abuse in certain health benefits programs, and (9) assist in a response to a suspected or confirmed breach of the security or confidentiality of information. CMS has provided background information about the modified system in the Supplementary Information section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See ``Effective Dates'' section for comment period.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the stationary reciprocating, diesel fuel fired, internal combustion engines operated by the Naval Weapons Station Earle located in Colts Neck, New Jersey. This action proposes an approval of the source-specific RACT determination that was made by New Jersey in accordance with the provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this proposed rule is to approve source-specific emissions limitations required by the Clean Air Act.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Indiana (FEMA-1997-DR), dated 06/23/2011. Incident: Severe Storms, Tornadoes, Straight-line Winds, and Flooding. Incident Period: 04/19/2011 through 06/06/2011. Effective Date: 07/28/2011. Physical Loan Application Deadline Date: 08/22/2011. Economic Injury (EIDL) Loan Application Deadline Date: 03/23/2012.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Minnesota (FEMA- 4009-DR), dated 07/28/2011. Incident: Severe Storms, Flooding, and Tornadoes. Incident Period: 07/01/2011 through 07/11/2011. Effective Date: 07/28/2011. Physical Loan Application Deadline Date: 09/26/2011. Economic Injury (EIDL) Loan Application Deadline Date: 04/28/2012.

As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management (BLM) will issue an appealable decision to Togiak Natives Limited. The decision approves the surface estate in the lands described below for conveyance pursuant to the Alaska Native Claims Settlement Act. The subsurface estate in these lands will be conveyed to Bristol Bay Native Corporation when the surface estate is conveyed to Togiak Natives Limited. The lands are in the vicinity of Togiak, Alaska, and are located in:

The U.S. Department of Energy (``DOE'' or the ``Department'') is currently evaluating energy efficiency test procedures for luminaires (also referred to herein as lighting systems) and collecting information for the labeling of such products. DOE recognizes that well-designed test procedures are important to produce reliable, repeatable, and consistent test results and that labeling assists informed consumer choice. The existing luminaire test procedures DOE is evaluating include those already established by the National Electrical Manufacturers Association (NEMA) and ENERGY STAR, which include by reference numerous test procedures established by the American National Standards Institute (ANSI), the Illuminating Engineering Society of North America (IESNA), the International Commission on Illumination (Commission Internationale de l'Eclairage (CIE)), and the Illuminating Engineering Society of North America (IESNA). To inform interested parties, facilitate its consideration of appropriate test procedures, and collect information on labeling, DOE seeks comment and requests information related to test procedures and labels for lighting systems based on industry-standard procedures and practices for luminaires. In particular, DOE is interested in if and how test procedures and labels may include controls for powering the luminaire on or off depending on time of day, daylight or occupancy sensor readings and other factors.

The Secretary of the Interior (Secretary) was directed by the Omnibus Public Lands Management Act of 2009 to establish the Dominguez- Escalante National Conservation Area (D-E NCA) Advisory Council (Council). The 10-member Council was formed in December 2010 to provide recommendations to the Secretary through the Bureau of Land Management (BLM) during the development of a resource management plan (RMP) for the D-E NCA. Since this council was formed, one council member representing Delta County and one council member representing natural values have expressed interest in resigning from the council due to time conflicts. As a result, the Secretary is soliciting applications to replace the current occupants of these two seats.

This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Puerto Rico (FEMA-4004-DR), dated July 14, 2011, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-4003-DR), dated July 13, 2011, and related determinations.