September 22, 2011 – Federal Register Recent Federal Regulation Documents
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2011 Special 301 Out-of-Cycle Review of Notorious Markets: Request for Public Comments
In 2010 the Office of the United States Trade Representative (USTR) began publishing the notorious market list as an ``Out of Cycle Review'' separately from the annual Special 301 report. This review of Notorious Markets (``Notorious Markets List'') results in the publication of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements. The Notorious Markets List does not represent a finding of violation of law, but rather is a summary of information that serves to highlight the problem of marketplaces that deal in infringing goods and which help sustain global piracy and counterfeiting. USTR is hereby requesting written submissions from the public identifying potential Internet and physical notorious markets that exist outside the United States and that may be included in the 2011 Notorious Markets List.
National Board for Education Sciences; Meeting
This notice sets forth the schedule and proposed agenda of an upcoming meeting of the National Board for Education Sciences. The notice also describes the functions of the Committee. Notice of this meeting is required by Section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of their opportunity to attend the meeting.
Interpretation of Transmission Planning Reliability Standard
On November 17, 2009, the North American Electric Reliability Corporation (NERC) submitted a petition requesting approval of NERC's interpretation of Requirement R1.3.10 of Commission-approved transmission planning Reliability Standard TPL-002-0 (System Performance Following Loss of a Single Bulk Electric System Element). In a March 2010 Notice of Proposed Rulemaking (NOPR), the Commission proposed to reject NERC's proposed interpretation, and instead proposed an alternative interpretation of Requirement R1.3.10 of Reliability Standard TPL-002-0. As a result of the comments received in response to the proposal, the Commission declines to adopt the NOPR proposal and approves NERC's proposed interpretation. In addition, as proposed by several commenters, the Commission directs NERC and Commission staff to initiate a process to identify any reliability issues, as discussed below.
Homeland Security Advisory Council
The Homeland Security Advisory Council (HSAC) will meet via teleconference for the purpose of reviewing and deliberating on recommendations by the HSAC's Southwest Border Task Force.
Notice of Intent To Prepare an Environmental Impact Statement for the Establishment of Annual Quotas for the Subsistence Harvest of Bowhead Whales by Alaska Natives
NMFS announces its intent to prepare an environmental impact statement (EIS) pursuant to the National Environmental Policy Act of 1969 (NEPA), in order to assess the impacts of issuing annual quotas for the subsistence harvest of bowhead whales by Alaska Natives from 2013 through 2017. Publication of this document begins the official scoping period that will help identify issues and alternatives to be considered in the EIS. The scoping process will end October 31, 2011.
Hood/Willamette Resource Advisory Committee
The Hood/Willamette Resource Advisory Committee will meet in Sweet Home, Oregon. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is have a field trip review of Title II projects by the committee.
Endangered and Threatened Species; Recovery Plans; Recovery Plan for the Kemp's Ridley Sea Turtle
We, NMFS and USFWS, announce the availability of the Bi- National Recovery Plan (Recovery Plan) for the Kemp's Ridley Sea Turtle (Lepidochelys kempii). The Recovery Plan is a bi-national plan developed by the NMFS and USFWS and the Secretary of Environment and Natural Resources, Mexico. The revised Recovery Plan includes specific recovery objectives and criteria to be met in order to down and delist this species under the Endangered Species Act of 1973, as amended.
Approval and Promulgation of Implementation Plans; Texas; Infrastructure and Interstate Transport Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5
EPA is proposing to partially approve and partially disapprove submittals from the state of Texas pursuant to the Clean Air Act (CAA or Act) that address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). We are proposing to find that the current Texas State Implementation Plan (SIP) meets the infrastructure requirements for the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS at 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), (M), and portions of (C), (D)(ii) and (J). We are proposing to find that the current Texas SIP does not meet the infrastructure requirements for the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS at 110(a)(2) for portions of (C), (D)(ii) and (J) because Texas has stated it cannot issue permits for and does not intend to regulate greenhouse gas (GHG) emissions. (See letter from Bryan W. Shaw and Greg Abbott to Lisa Jackson and Al Armendariz, dated August 2, 2010, in the docket for this rulemaking). EPA is also proposing to partially approve and partially disapprove SIP revisions submitted by the state of Texas for the purpose of addressing the ``good neighbor'' provisions of CAA section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS. These SIP revisions address the requirement that the Texas SIP have adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. In this action, EPA is proposing to partially approve and partially disapprove the provisions of these SIP submissions that emissions from sources in Texas do not interfere with measures required in the SIP of any other state under part C of the CAA to prevent significant deterioration of air quality, with regard to the 1997 8- hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS. The partial disapproval is again because Texas cannot issue permits for emissions of GHG. For purposes of the 1997 8-hour ozone NAAQS, EPA is also proposing to approve SIP revisions that modify the Texas SIP for Prevention of Significant Deterioration (PSD) to include nitrogen oxides (NOx) as an ozone precursor. This action is being taken under section 110 and part C of the Act.
NASA Advisory Council; Aeronautics 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 Aeronautics Committee of the NASA Advisory Council. The meeting will be held for the purpose of soliciting, from the aeronautics community and other persons, research and technical information relevant to program planning.
In the Matter of Certain Display Devices, Including Digital Televisions and Monitors II; Notice of Commission Determination Not To Review an Initial Determination Granting a Joint Motion by Complainant and Respondents To Terminate the Investigation in Its Entirety on the Basis of a Settlement Agreement; Termination of the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 9) of the presiding administrative law judge (``ALJ'') granting a joint motion by Complainant and Respondents to terminate the investigation on the basis of a settlement agreement.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure
NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the directed harvest allocation total for the third seasonal period (September 15-December 31) is projected to be reached by the effective date of this rule. From the effective date of this rule until January 1, 2012, Pacific sardine may be harvested only as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 30-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 a.m. Pacific Daylight Time, on the date of closure.
Notice of Public Information Collection(s) Being Submitted for Review and Approval to the Office of Management and Budget (OMB)
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3502-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). 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 estimates; (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 on 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 OMB 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 valid OMB control number.
Notice of Public Information Collection(s) Being Submitted for Review and Approval to the Office of Management and Budget (OMB)
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3502-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). 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 estimates; (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 on 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 OMB 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 valid OMB control number.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National Pollutant Discharge Elimination System (NPDES) Permits for Point Source Discharges From the Application of Pesticides to Waters of the United States (New)
In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a proposed partial consent decree, to address a lawsuit filed by Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. EPA, No. 1: 10-cv-1541 (CKK). Plaintiff filed a complaint alleging that EPA failed to perform mandatory duties under sections 110(c)(1) and (k)(2) of the CAA, 42 U.S.C. 7410(c)(1), (k)(2), to: (1) Promulgate a federal implementation plan (``FIP'') for the State of Texas that meets the requirements of CAA section 110(a)(2)(D)(i) for the 1997 fine particulate matter (``PM2.5'') and the 1997 8-hour ozone national ambient air quality standards (``NAAQS''); (2) promulgate a FIP for the State of Texas that meets the requirements of CAA Section 110(a)(2) for the 1997 8-hour ozone NAAQS; and (3) take final approval/disapproval action pursuant to CAA section 110(k)(3) on the state implementation plan (``SIP'') that Texas submitted for implementation of the 1997 PM2.5 NAAQS. The partial proposed consent decree establishes deadlines for EPA to take these actions.
An Assessment of Decision-Making Processes: Evaluation of Where Land Protection Planning Can Incorporate Climate Change Information-Release of Final Report
EPA is releasing a final report entitled An Assessment of Decision-Making Processes: Evaluation of Where Land Protection Planning can Incorporate Climate Change Information, (EPA/600/R-09/142F). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. This report is a review of decision-making processes of selected land protection programs. The goal of this report is to evaluate where land protection planning can incorporate climate change impacts information into programs. The assessment revealed that there are several strategies that might be useful for incorporating climate change information into decision making. As part of a portfolio of adaptation strategies, land protection may become more important for jurisdictions, particularly to ameliorate climate change impacts on watersheds and wildlife.
Telemarketing Sales Rule
The Federal Trade Commission published a final amended Telemarketing Sales Rule in the Federal Register on August 10, 2010 (75 FR 48458), with new provisions to address the telemarketing of debt relief services. This document makes technical corrections in that final rule.
Notice of Availability of the Draft Environmental Impact Statement/Environmental Impact Report and Notice of Public Hearings for Klamath Facilities Removal
The Department of the Interior and the California Department of Fish and Game have prepared a draft environmental impact statement and environmental impact report (EIS/EIR) evaluating the effects of removing four dams on the Klamath River in southern Oregon and northern California. These documents are one part of the total record that will inform the decision of the Secretary of the Interior on whether removing the dams will advance restoration of the fisheries of the Klamath River Basin and will be in the public interest.
Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541)
The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.
Privacy Act of 1974; System of Records; Correction
On September 6, 2011 (76 FR 55057-55059), DoD published a notice announcing its intent to add a Privacy Act System of Records. The system identifier was incorrectly written. This notice corrects that error.
Airworthiness Directives; the Boeing Company Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 747-100, 747-100B, 747- 200B, 747-200C, 747-200F, 747-400F, 747SR, and 747SP series airplanes, without a stretched upper deck or stretched upper deck modification. The existing AD currently requires repetitive inspections for cracks of each affected tension tie and of the surrounding structure, and related investigative and corrective actions if necessary. This proposed AD would also require, for certain airplanes, modifying the tension tie structure or tension tie and frame structure at certain stations; and a post-modification inspection of the modified area and post-modification repetitive inspections of the unmodified area, and repair if necessary. Doing the modification would terminate the repetitive inspection requirements in the existing AD. This proposed AD would reduce the compliance time and add inspections for certain airplanes. This proposed AD results from reports that certain airplanes have tension ties that are susceptible to widespread fatigue damage. This proposed AD also results from reports of cracks on the forward and aft tension tie channels at station (STA) 740 and STA 760, and a determination that initial inspection intervals need to be reduced. We are proposing this AD to prevent tension ties from becoming severed or disconnected from the frames, which could lead to rapid in-flight decompression.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council), its Research Set-Aside (RSA) Committee, its Squid, Mackerel, Butterfish (SMB) Committee, its Executive Committee, and its Spiny Dogfish Committee will hold public meetings.
Information Collection Activity: Revision for Subpart C, Pollution Prevention and Control; Submitted for Office of Management and Budget (OMB) Review; Comment Request
To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under Subpart C, Pollution Prevention and Control. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.
Meeting of the Defense Acquisition University Board of Visitors
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting of the Defense Acquisition University Board of Visitors will take place.
Notice of Opportunity To Participate, Criteria Requirements and Application Procedure for Participation in the Military Airport Program (MAP)
In anticipation of Congress enacting a reauthorization of the Airport Improvement Program (AIP) the FAA is publishing this annual notice. This notice announces the criteria, application procedures, and schedule to be applied by the Secretary of Transportation in designating or redesignating, and funding capital development annually for up to 15 current (joint-use) or former military airports seeking designation or redesignation to participate in the MAP. While FAA currently has continuing authority to designate or redesignate airports, FAA does not have authority to issue grants for fiscal year 2012 MAP, and will not have authority until Congress enacts legislation enabling FAA to issue grants for fiscal year 2012. The MAP allows the Secretary to designate current (joint-use) or former military airports to receive grants from the Airport Improvement Program (AIP). The Secretary is authorized to designate an airport (other than an airport designated before August 24, 1994) only if: (1) The airport is a former military installation closed or realigned under the Title 10 U.S.C. Sec. 2687 (announcement of closures of large Department of Defense installations after September 30, 1977), or under Section 201 or 2905 of the Defense Authorization Amendments and Base Closure and Realignment Acts; or (2) the airport is a military installation with both military and civil aircraft operations. The Secretary shall consider for designation only those current or former military airports, at least partly converted to civilian airports as part of the national air transportation system, that will reduce delays at airports with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings, or will enhance airport and air traffic control system capacity in metropolitan areas, or reduce current and projected flight delays (49 U.S.C. 47118(c)).
Amendment of Class E Airspace; Wrightstown, NJ
This action amends Class E airspace for the Wrightstown, NJ, area, by changing Allaire Airport to Monmouth Executive Airport, Belmar, NJ. This action also updates the airspace descriptions to be in concert with the FAAs aeronautical database.
Proposed Amendment of Class E Airspace; Cumberland, MD
This action proposes to amend Class E Airspace at Cumberland, MD, as the Cumberland Non-Directional Beacon (CBE) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Greater Cumberland Regional Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Amendment of Class E Airspace; Springfield, TN
This action proposes to amend Class E Airspace in the Springfield, TN area. Aydelotte Airport has been abandoned and controlled airspace is no longer needed. Airspace reconfiguration is necessary for the continued safety and management of instrument flight rules (IFR) operations within the Springfield, TN airspace area.
Proposed Establishment of Class E Airspace; Oneonta, AL
This action proposes to establish Class E Airspace at Oneonta, AL, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Robbins Field. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Final Interim Staff Guidance: Review of Evaluation To Address Gas Accumulation Issues in Safety Related Systems
The U.S. Nuclear Regulatory Commission (NRC) staff is issuing its Final Interim Staff Guidance (ISG) DC/COL-ISG-019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111110572). The purpose of this ISG is to clarify the NRC staff guidance to address issues of gas accumulation in safety related systems. This ISG revises and updates the guidance provided to the staff in Standard Review Plan (SRP) Section 5.4.7, ``Residual Heat Removal System,'' Section 6.3, ``Emergency Core Cooling System,'' and Section 6.5.2, ``Containment Spray System'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,'' March 2007. The NRC staff issues DC/COL-ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for design certifications and combined licenses by the Office of New Reactors. The NRC staff intends to incorporate the final approved DC/COL-ISG-019 into the next revision of the SRP and related guidance documents. Disposition: On November 12, 2009 (74 FR 58323), the NRC staff issued proposed DC/COL-ISG-019 on ``Review of Evaluation to Address Gas Accumulation Issues in Safety Related Systems,'' ADAMS Accession No. ML092360375. The staff received comments (ADAMS Accession No. ML093500086) on the proposed guidance on December 14, 2009. These comments were further discussed in a public meeting held at the NRC on January 20, 2010, and in a conference call on July 9, 2010. This final issuance incorporates changes from the majority of the comments. A document comparing the version of the ISG that went out for public comment and the final version of the ISG can be found under ADAMS Accession No. ML111170302.
Bad Boy Enterprises, LLC, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Bad Boy Enterprises, LLC, containing a civil penalty of $715,000.00.
Privacy Act of 1974; Systems of Records
The Defense Finance and Accounting Service (DFAS) is proposing to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; Systems of Records
The National Security Agency (NSA) is proposing to amend a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Central Valley Project Improvement Act; Refuge Water Management Plans
To meet the requirements of the Central Valley Project Improvement Act of 1992 (CVPIA) and subsequent Department of the Interior administrative review process, the Bureau of Reclamation developed and published the Criteria for Developing Refuge Water Management Plans (Refuge Criteria). Several entities have each developed a Refuge Water Management Plan (Refuge Plan), which Reclamation has evaluated and preliminarily determined to meet the requirements of these Refuge Criteria (see list in Supplementary Information below). Willow Creek Mutual Water Company Refuge Plan was developed in accordance with the Refuge Criteria applicable to the conservation easements that have been acquired by the United States Fish and Wildlife Service. Reclamation is publishing this notice in order to allow the public to review the plans and comment on the preliminary determinations. Public comment on Reclamation's preliminary (i.e., draft) determination is invited at this time.
In the Matter of Certain Flip-Top Vials and Products Using the Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's initial determination (``ID'') (Order No. 9) granting a joint motion to terminate the above-captioned investigation.
Certain Digital Televisions and Components Thereof, and Certain Electronic Devices Having a Blu-Ray Disc Player and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement; Termination of Investigation
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. 13) granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated.
Notice of Intent to Accept Proposals, Select Lessee, and Contract for Hydroelectric Power Development at Caballo Dam, Rio Grande Project, New Mexico
Current Federal policy encourages non-Federal development of environmentally sustainable hydropower potential on Federal water resource projects. The Bureau of Reclamation (Reclamation), in consultation with the Department of Energy, Western Area Power Administration (Western), will consider proposals for non-Federal development of hydroelectric power at Caballo Dam, a feature of the Rio Grande Project. Reclamation is considering such hydroelectric power development under a lease of power privilege. No Federal funds will be available for such hydroelectric power development. Western would have the first opportunity to purchase and/or market the power that would be generated by such development under a lease of power privilege. The Rio Grande Project is a Federal Reclamation project. This notice presents background information, proposal content guidelines, and information concerning selection of a non-Federal entity to develop hydroelectric power at Caballo Dam.
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