September 7, 2011 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is postponing the meeting of the Immunology Devices Panel of the Medical Devices Advisory Committee scheduled for October 14, 2011. The meeting was announced in the Federal Register of August 9, 2011 (76 FR 48871). The meeting is postponed so that FDA can review and consider additional information that was submitted. Future meeting dates will be announced in the Federal Register.

The Bureau of Land Management (BLM) published a notice in the Federal Register on August 1, 2011 (76 FR 45848) that contained an incorrect deadline for making public comments and an incorrect location and time for a public meeting.

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 Calista Corporation. The decision will approve the conveyance of the surface and subsurface estates in certain lands pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). The lands are located south west of Pilot Station, Alaska, and contain 24.99 acres. Notice of the decision will also be published four times in the Anchorage Daily News.

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 Nunakauiak Yupik Corporation. The decision approves the surface estate in the lands described below for conveyance pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). The subsurface estate in these lands will be conveyed to Calista Corporation when the surface estate is conveyed to Nunakauiak Yupik Corporation. The lands are in the vicinity of Toksook Bay, Alaska, and are located in:

FMCSA announces receipt of applications from 16 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

FMCSA announces receipt of applications from 22 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.

The National Marine Fisheries (NMFS) in cooperation with the Pacific Fishery Management Council (PFMC) will be holding a hearing regarding the Secretarial Amendment 1 (previously Amendment 16-5) to the Pacific Coast Groundfish Fishery Management Plan (FMP). Secretarial Amendment 1 proposes to establish one new rebuilding plan, modify seven existing plans, modify the default proxy values for FMSY and BMSY as they apply to the flatfish species, and the harvest control rule policies.

This notice is an amendment to the request for information (RFI) published in the Federal Register on Wednesday, July 13, 2011 (76 FR 41217). This RFI sought comments and expressions of interest (EOI) from the public in providing technical inputs and/or offering assessment capacity on topics related to National Climate Assessment (NCA) regional, sectoral, and cross-cutting topics proposed for the 2013 NCA report and the ongoing NCA process. More information on the NCA process, including the strategic plan, proposed report outline, and information about the National Climate Assessment Development and Advisory Committee (NCADAC), can be found at https:// assessment.globalchange.gov. This amendment provides a deadline of October 1, 2011 for EOIs describing anticipated inputs for the 2012 NCA report.

The Pacific Fishery Management Council's (Pacific Council) Groundfish Management Team (GMT) will hold a working meeting, which is open to the public.

This document contains corrections to final regulations (TD 9546) that were published in the Federal Register on Friday, August 19, 2011, on the definition of solid waste disposal facilities for purposes of the rules applicable to tax-exempt bonds issued by State and local governments. These regulations provide guidance to State and local governments that issue tax-exempt bonds to finance solid waste disposal facilities and to taxpayers that use those facilities.

This document withdraws the notice of proposed rulemaking that was published in the Federal Register on July 27, 2007, providing guidance on which costs incurred by estates or trusts other than grantor trusts (non-grantor trusts) are subject to the 2-percent floor for miscellaneous itemized deductions under section 67(a). This document contains proposed regulations that provide guidance on which costs incurred by estates or trusts other than grantor trusts (non- grantor trusts) are subject to the 2-percent floor for miscellaneous itemized deductions under section 67(a). The regulations affect estates and non-grantor trusts. This document also provides notice of a public hearing on these proposed regulations.

The Securities and Exchange Commission (the ``Commission'') and its staff are reviewing the use of derivatives by management investment companies registered under the Investment Company Act of 1940 (the ``Investment Company Act'' or ``Act'') and companies that have elected to be treated as business development companies (``BDCs'') under the Act (collectively, ``funds''). To assist in this review, the Commission is issuing this concept release and request for comments on a wide range of issues relevant to the use of derivatives by funds, including the potential implications for fund leverage, diversification, exposure to certain securities-related issuers, portfolio concentration, valuation, and related matters. In addition to the specific issues highlighted for comment, the Commission invites members of the public to address any other matters that they believe are relevant to the use of derivatives by funds. The Commission intends to consider the comments to help determine whether regulatory initiatives or guidance are needed to improve the current regulatory regime for funds and, if so, the nature of any such initiatives or guidance.

In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget (OMB) for review of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier Federal Register notice of June 23, 2011 (76 FR 36909) and has made this notation in its submission to OMB.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This document informs the public that an appeal of the closing of the Watson, Alabama 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.

DOE proposes to amend its regulation concerning unclassified assistance to foreign atomic energy activities. This regulation provides that persons subject to the jurisdiction of the United States who engage directly or indirectly in the production of special nuclear material outside the United States must be authorized to do so by the Secretary of Energy (Secretary). The proposed revisions update and clarify several provisions in the current regulation, and identify information applicants are required to submit in support of applications for an authorization under this part. The revisions are intended to reduce uncertainties for industry users concerning which foreign nuclear-related activities by U.S. persons are ``generally authorized'' under the regulation and which activities require a ``specific authorization'' from the Secretary. In this regard, one proposed organizational change is the listing of countries and territories for which a general authorization for foreign atomic energy activities is available. This proposed change contrasts with the current regulation, which lists those countries for which a specific authorization to conduct such activities is required. Unclassified nuclear activities are generally authorized with respect to these listed countries if they do not involve ``sensitive nuclear technology'' as defined in the regulation. Conversely, the proposed revised regulation specifically identifies those assistance activities and technologies under DOE's jurisdiction, the export of which requires a specific authorization from the Secretary. Additionally, DOE is proposing to add regulations to address ``deemed exports.'' Companies seeking to employ foreign nationals in positions involving a proposed transfer of technology are provided information on the documentation required to be submitted to request specific authorization for those transfers. Finally, DOE proposes to update its regulations in this area to reflect terminological and other changes in nuclear technology since the last major update in 1986. Finally, points of contact references have been updated to reflect the current DOE organizational structure.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval of a new information collection that is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

EPA is announcing that Eastern Research Group, Inc. (ERG), a contractor to the EPA, will convene an independent panel of experts to review the draft document, ``Guidance for Applying Quantitative Data to Develop Data-Derived Extrapolation Factors for Interspecies and Intraspecies Extrapolation.'' EPA previously announced the release of the draft guidance for a 45 day comment period (76 FR 33752-33753), which was subsequently extended to 60 days (76 FR 43999). The public comment period ended August 9, 2011. EPA intends to forward public comments to the contractor for distribution to members of the review panel. The external review draft does not represent Agency policy. The public may register to attend this peer review meeting as observers. Time will be set aside for observers to give brief oral comments at the meeting on the draft document. The draft document and appendix are available via the internet on the Risk Assessment Forum Web page (https://www.epa.gov/raf/DDEF/index.htm). When finalizing the draft document, EPA intends to consider the comments from the external peer review meeting along with public comments received by August 9, 2011 in accordance with 76 FR 33752-33753 and 76 FR 43999. Public comments submitted during the public comment period ending August 9, 2011, may be viewed at https://www.regulations.gov under Docket ID No. EPA-HQ-ORD-2009-0694.

EPA is determining that the bi-state Louisville, Kentucky- Indiana, fine particulate (PM2.5) nonattainment Area (hereafter referred to as ``the Louisville Area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of April 5, 2010. The determination of attainment was previously finalized by EPA on March 9, 2011, and was based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. The Louisville Area is comprised of Jefferson County in Kentucky, and Clark, Floyd and a portion of Jefferson Counties in Indiana. EPA is determining to find that the above-identified Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date. EPA is finalizing this action because it is consistent with the Clean Air Act (CAA) and its implementing regulations.