December 1, 2011 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 23, 2011, vol. 76, no. 185, page 59184-59185. A Special Federal Aviation Regulation requires passengers who intend to use an approved POC to present a physician statement before boarding. The flight crew must then inform the pilot-in-command that a POC is on board.

The FAA hereby proposes to rule and invites public comment on its intent to release certain obligated properties, namely approximately 200 acres at the Martin County Airport, Stuart, FL, from the conditions, reservations, and restrictions as contained in a Surplus Property Agreement between the FAA and the Martin County, dated July 1, 1947, and in accordance with the provisions of Title 49 U.S.C. 47153(c). In anticipation and consideration of its request for a release, Martin County contracted for the installation of Engineered Materials Arresting Systems (EMAS) on Runway 12-30 at the Martin County Airport. The County also advised that its release request is designed to clarify the airport property and to correct ambiguities in title records since portions of the property contemplated by its release requested have been transferred over a number of years to a number of private and public parties. The release of the airport premises thus allows for the FAA and Martin County to establish a reliable and accurate boundary of obligated airport property. The property to be released includes parcels occupied by portions of the Martin County Golf Course, the YMCA, residential developments, a drainage area, and vacant lands. These parcels are currently designated as non-aeronautical use. The County accommodated the installation EMAS on Runway 12-30, enhancing safety for aeronautical users without impacting useable runway length in consideration of its request that a portion of the airport property be released of its federal obligations. The release of the nearly 200 acres also allows the FAA and the airport sponsor to establish and agree upon the boundary of airport property obligated through the Surplus Property Act of 1944. Additionally, the release will not prevent accomplishing the purpose for which the property was made subject to the terms, conditions, reservations, or restrictions, and will advance the interests of the United States in civil aviation. The FAA has preliminarily determined that the request to release property at the Martin County Airport submitted by the County met the procedural requirements of the Federal Aviation Regulations, 14 CFR part 155. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Martin County Airport and the FAA Airports District Office.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to publish a Notice in the Federal Register notifying the public that the agency has prepared an information collection for OMB review and approval and has requested public review and comment on the submission. Comments are being solicited on the need for the information; the accuracy of the Agency's burden estimate; the quality, practical utility, and clarity of the information to be collected; and ways to minimize reporting the burden, including automated collected techniques and uses of other forms of technology.

The Postal Service will revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 201.3.14, to provide new standards for folded self-mailers (FSM) and unenveloped mailpieces that are mailed at automation or machinable prices. To avoid confusion with revised standards for FSM mailpieces having loose enclosures, the Postal Service renames mailpieces that are designed to carry discs, and expands the standards that apply to tabs to include folded self-mailers.

The Postal Service is proposing an editorial revision of the rules governing the inventory control processes of Postage Evidencing Systems (PES) provided to customers by manufacturers or distributors. The proposed changes are intended to clarify the rules, and reflect a change in the name of the office responsible for enforcing them.

The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is amending the Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations.'' The rule is issued as a direct final rule. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under USDA's usual procedure for notice and comment to provide a procedural framework to finalize the rule. In the event that any significant adverse comments are received, this direct final rule will be withdrawn.

This rule amends Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2012. This table is needed in order to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.

AHRQ has accepted a notification of voluntary relinquishment from HealthWatch, Inc. of its status as a Patient Safety Organization (PSO). The Patient Safety and Quality Improvement Act of 2005 (Patient Safety Act), Public Law 109-41, 42 U.S.C. 299b-21b-26, provides for the formation of PSOs, which collect, aggregate, and analyze confidential information regarding the quality and safety of health care delivery. The Patient Safety and Quality Improvement Final Rule (Patient Safety Rule), 42 CFR part 3, authorizes AHRQ, on behalf of the Secretary of HHS, to list as a PSO an entity that attests that it meets the statutory and regulatory requirements for listing. A PSO can be ``delisted'' by the Secretary if it is found to no longer meet the requirements of the Patient Safety Act and patient Safety Rule, including when a PSO chooses to voluntarily relinquish its status as a PSO for any reason.

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: ``Use of Deliberative Methods to Enhance Public Engagement in the Agency for Healthcare Research and Quality's (AHRQ's) Effective Healthcare (EHC) Program and Comparative Effectiveness Research (CER) Enterprise.'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection.

The National Institutes of Health (NIH) has analyzed public comments received regarding adoption and implementation of the 8th Edition of the Guide for the Care and Use of Laboratory Animals (Guide) and has determined to adopt the 8th Edition of the Guide. (The comments, received by NIH from February 24 to May 24, 2011, may be viewed at https://grants.nih.gov/grants/olaw/2011guidecomments/web listing.htm.) In NIH's judgment, the 8th Edition of the Guide empowers continued advancement in the humane care and use of vertebrate animals in research, research training, and biological testing. Effective January 1, 2012, institutions that receive Public Health Service (PHS) support for animal activities must base their animal care and use programs on the 8th Edition of the Guide and must complete at least one semiannual program review and facilities inspection using the 8th Edition of the Guide as the basis for evaluation by December 31, 2012. It is not required that all necessary changes be completed by December 31, 2012, but rather that an evaluation must be conducted and a plan and schedule for implementation of the standards in the 8th Edition of the Guide must be developed by December 31, 2012. Institutions must verify to the Office of Laboratory Animal Welfare (OLAW), the organizational component of NIH that provides guidance and interpretation of the PHS Policy on Humane Care and Use of Laboratory Animals, that they have met the required schedule. This will be done through the Annual Report to OLAW covering the 2012 reporting period due January 31, 2013. In addition, institutions must document the implementation of the 8th Edition of the Guide in their next Animal Welfare Assurance renewal. OLAW has developed Position Statements located at https:// grants.nih.gov/grants/olaw/2011positionstatement.htm. The Position Statements clarify the ways in which NIH expects Assured institutions to implement the 8th Edition of the Guide by addressing the following concerns: cost of implementing the 8th Edition of the Guide; animal housing specifications; use of nonpharmaceutical-grade compounds; food and fluid restrictions; multiple surgical procedures; and application of the 8th Edition of the Guide to agricultural animals used in biomedical research. In addition, there is a summary of OLAW's position on performance standards and practice standards. The public is invited to submit comments on their understanding of the Position Statements for a period of 60 days from December 1, 2011, to January 29, 2012. In response, OLAW may further clarify the Position Statements.

This action implements revisions to the Pacific coast groundfish trawl rationalization program (program), a catch share program, and includes regulations that affect all commercial sectors (limited entry trawl, limited entry fixed gear, and open access) managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). This action includes regulatory amendments to further implement Amendments 20 and 21 to the FMP and an FMP amendment to further revise Amendment 21 (called Amendment 21-1). This action includes, but is not limited to: Revisions to the Pacific halibut trawl bycatch mortality limit; clarification that Amendment 21 supersedes limited entry/open access allocations for certain groundfish species; revisions to the observer coverage requirement while a vessel is in port and before the offload is complete; revisions to the electronic fish ticket reporting requirements; revisions to the first receiver site license requirement; further clarification on moving between limited entry and open access fisheries; a process for end-of-the-year vessel account reconciliation; and an exemption from processing at sea for qualified participants in the Shorebased Individual Fishing Quota (IFQ) Program.

The Copyright Royalty Judges announce a cost of living adjustment (``COLA'') of 3.5% in the royalty rates that colleges, universities, and other educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2010 to October 2011.

On May 26, 2000, President Clinton signed Executive Order (EO) 13158, directing federal agencies (led by NOAA and DOI) to establish a comprehensive national system of MPAs serving multiple conservation and management goals. To this end, the EO directs NOAA to establish a National Marine Protected Area Center (``MPA Center'') within NOAA (Sec. 4(e)) to carry out several provisions in cooperation with the Department of the Interior. Over the past decade, the MPA Center has conducted a variety of efforts to establish and support the growing national system through targeted science, information resources, coordination and policy development. An external review of the MPA Center is needed to maximize its effectiveness and transparency and to ensure that the MPA Center is conducting high quality work of significant value to NOAA and the nation. To this end, the MPA Center is seeking external feedback, including public comment on the program's approach to balancing competing priorities. All comments received in response to this request will be summarized and provided to an expert review panel scheduled to convene in late January, 2012.

The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is January 3, 2012. Comments on the adequacy of responses may be filed with the Commission by February 10, 2012. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 76 FR 61937 (October 6, 2011).

In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding continuing efforts to increase flexibility in the use of microwave services licensed under our rules.

In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding concerning a rule that requires facilities-based providers of commercial mobile data services to offer data roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to certain limitations, thereby advancing the Commission's goal of ensuring that all Americans have access to competitive broadband mobile data services.

We are superseding an existing airworthiness directive (AD) for certain Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. This new AD adds inspections for cracking in additional fuselage crown skin locations, and repair if necessary. This new AD also reduces the inspection thresholds for certain airplanes, extends certain repetitive inspection intervals, and adds airplanes to the applicability of the existing AD. This AD was prompted by reports of additional crack findings of the fuselage crown skin at the chem- milled steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

We are adopting a new airworthiness directive (AD) for Bombardier, Inc. Model DHC-8-201 and -202 airplanes with FAA Supplemental Type Certificate (STC) ST00753NY (Transport Canada Civil Aviation (TCCA) STC SA97-106) installed. This 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:

The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Refining and Supply CompanyBeaumont Refinery (Beaumont Refinery) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by Beaumont Refinery to delist to have centrifuge solids generated from treatment of Tank Bottoms from its Lower Park Tank Farm excluded, or delisted, from the definition of a hazardous waste. The centrifuge solids are derived from the management and treatment of several F- and K-waste codes. These waste codes are F037, F038, K048, K049, K051, K052, K169, and K170. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the centrifuge solids generated at Beaumont Refinery's Beaumont, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.