December 1, 2011 – Federal Register Recent Federal Regulation Documents
Results 1 - 50 of 98
Endangered Species
Notice is hereby given that the New York State Department of Environmental Conservation, 21 South Putt Corners Rd., New Paltz, NY 12561 [Responsible Party: Kathryn Hattala], has been issued a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.
Initiation of Five-Year (“Sunset”) Review
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.
Harmonization of Various Airworthiness Standards for Transport Category Airplanes-Flight Rules
This rule amends the regulations governing various airworthiness standards for transport category airplanes. This action harmonizes the requirements for takeoff speeds, static lateral-directional stability, speed increase and recovery characteristics, and the stall warning margin for the landing configuration in icing conditions with the European Aviation Safety Agency (EASA) certification standards.
Western and Central Pacific Fisheries for Highly Migratory Species; 2011 Bigeye Tuna Longline Fishery Closure
NMFS withdraws the temporary rule that would have closed the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2011 catch limit. NMFS no longer expects that the fishery will reach the limit by the date specified in the temporary rule.
Critical Parts for Airplane Propellers
The Federal Aviation Administration (FAA) proposes to amend the airworthiness standards for airplane propellers. This action would define what a propeller critical part is, require the identification of propeller critical parts by the manufacturer, and establish engineering, manufacture, and maintenance processes for those parts. The intended effect of this proposal is to ensure the continued airworthiness of propeller critical parts by requiring a system of processes to identify and manage these parts throughout their service life. Adopting this proposal would eliminate regulatory differences between part 35 and European Aviation Safety Agency (EASA) propeller critical parts requirements, thereby simplifying airworthiness approvals for exports.
Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Stainless Steel Plate in Coils From the Republic of Korea; and Partial Revocation of the Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From the Republic of Korea
On November 16, 2011, the U.S. Trade Representative (``USTR'') instructed the Department of Commerce (``the Department'') to implement its determination under section 129 of the Uruguay Round Agreements Act (``URAA'') regarding the investigation of stainless steel plate in coils from the Republic of Korea (``SSPC'') and stainless steel sheet and strip from the Republic of Korea (``SSSS''). The Department issued its determination on November 4, 2011, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-to- average comparisons of export price and normal value in the investigation challenged by the Republic of Korea before the World Trade Organization (``WTO'') in United StatesUse of Zeroing in Antidumping Measures Involving Products from Korea (DS402). The Department is now implementing this determination.
Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period of January 1, 2012, Through December 31, 2012
The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2012, through December 31, 2012, will remain at 25 percent of safety- sensitive employees for random drug testing and 10 percent of safety- sensitive employees for random alcohol testing.
Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures
This rule revises airworthiness standards for type certification requirements of normal and transport category rotorcraft. The amendment requires evaluation of fatigue and residual static strength of composite rotorcraft structures using a damage tolerance evaluation, or a fatigue evaluation if the applicant establishes that a damage tolerance evaluation is impractical. The amendment addresses advances in composite structures technology and provides internationally harmonized standards.
Draft Environmental Assessment, Incidental Take Plan, and Application for an Incidental Take Permit; Maine Department of Inland Fisheries and Wildlife's Statewide Furbearer Trapping Program; Correction
On November 9, 2011, we, the U.S. Fish and Wildlife Service (Service), published a notice of availability of a draft environmental assessment (EA) and an application from the Maine Department of Inland Fisheries and Wildlife (MDIFW) for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA), for public comment. We also announced public meetings. However, we made an error in the end date we gave for public comments. This notice corrects that date error.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 11
NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements in regulations implementing Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). This final rule sets the effective date of the collection-of-information requirements.
Virginia Disaster Number VA-00040
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Virginia (FEMA-4042-DR), dated 11/10/2011. Incident: Earthquake. Incident Period: 08/23/2011 through 10/25/2011. Effective Date: 11/18/2011. Physical Loan Application Deadline Date: 01/09/2012. Economic Injury (EIDL) Loan Application Deadline Date: 08/10/2012.
Generalized System of Preferences (GSP): Import Statistics Relating to Competitive Need Limitations
This notice is to inform the public of the availability of import statistics for the first nine months of 2011 relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. These import statistics identify some articles for which the 2011 trade levels may exceed statutory CNLs. Interested parties may find this information useful in deciding whether to submit a petition to waive the CNLs for individual beneficiary developing countries (BDCs) with respect to specific GSP-eligible articles. As previously announced in the Federal Register (76 FR 67531 (November 1, 2011)), the deadline for submission of product petitions to waive the CNLs for individual BDCs with respect to GSP-eligible articles is 5 p.m., December 16, 2011.
Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements
The United States Patent and Trademark Office (Office) is revising the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for a reduction of any patent term adjustment if the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is revising the rules of practice pertaining to the reduction of patent term adjustment for applicant delays to exclude information disclosure statements resulting from the citation of information in a counterpart application that are promptly filed with the Office. The rule change allows the diligent applicant to avoid patent term adjustment reduction for an IDS submission that results from a communication from the Office. Presently, the rule only provides relief if the IDS was cited as a result of a communication from a foreign patent office. Under this final rule, there will be no reduction of patent term adjustment in the following situations: when applicant promptly submits a reference in an information disclosure statement after the mailing of a notice of allowance if the reference was cited by the Office in another application, or when applicant promptly submits a copy of an Office communication (e.g., an Office action) in an information disclosure statement after the mailing of a notice of allowance if the Office communication was issued by the Office in another application or by a foreign patent office in a counterpart foreign application. The above changes are intended to ensure compliance with AIPA in light of the evolving case law.
List of Correspondence
The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act (IDEA). Under section 607(f) of the IDEA, the Secretary is required, on a quarterly basis, to publish in the Federal Register a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of the IDEA or the regulations that implement the IDEA. This list and the letters or other Departmental documents described in this list, with personally identifiable information redacted, as appropriate, can be found at: https:// www2.ed.gov/policy/speced/guid/idea/.
Puerto Rico Disaster Number PR-00014
This is an amendment of the Presidential declaration of a major disaster for the State of Puerto Rico (FEMA-4017-DR), dated 08/ 27/2011. Incident: Hurricane Irene. Incident Period: 08/21/2011 through 08/24/2011. Effective Date: 11/18/2011. Physical Loan Application Deadline Date: 12/02/2011. EIDL Loan Application Deadline Date: 05/28/2012.
Notice of Quarterly Report (July 1, 2011-September 30, 2011)
The Millennium Challenge Corporation (MCC) is reporting for the quarter July 1, 2011 through September 30, 2011, on assistance provided under section 605 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), as amended (the Act), and on transfers or allocations of funds to other federal agencies under section 619(b) of the Act. The following report will be made available to the public by publication in the Federal Register and on the Internet Web site of the MCC (https://www.mcc.gov) in accordance with section 612(b) of the Act.
Small Business Subcontracting
SBA is reopening the comment period for the proposed rule published in the Federal Register on October 5, 2011 at 76 FR 61626. In that rule SBA proposed to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 (Jobs Act) pertaining to small business subcontracting. SBA proposed to amend its program regulations to provide for a ``covered contract'' (a contract for which a small business subcontracting plan is required, currently valued above $1.5 million for construction and $650,000 for all other contracts), a prime contractor must notify the contracting officer in writing whenever the prime contractor does not utilize a subcontractor used in preparing its bid or proposal during contract performance. SBA also proposed to amend its regulations to require a prime contractor to notify a contracting officer in writing whenever the prime contractor reduces payments to a subcontractor or when payments to a subcontractor are 90 days or more past due. In addition, SBA proposed to clarify that the contracting officer is responsible for monitoring and evaluating small business subcontracting plan performance. SBA also proposed to clarify which subcontracts must be included in subcontracting data reporting, which subcontracts should be excluded, and the way subcontracting data is reported. SBA also proposed to make other changes to update its subcontracting regulations, including changing subcontracting plan thresholds and referencing the electronic subcontracting reporting system (eSRS). Some of the SBA's proposed changes would require the contracting officer to review subcontracting plan reports within 60 days of the report ending date. Finally, SBA also proposed to address how subcontracting plan requirements and credit towards subcontracting goals can be implemented in connection with Multi-agency, Federal Supply Schedule, Multiple Award Schedule and Government-wide Acquisition indefinite delivery, indefinite quantity, (IDIQ) contracts. SBA is reopening the comment period in response to the significant level of interest generated by the proposed rule among small businesses. Given the scope of the proposed rule and the nature of the issues raised by the comments received to date, SBA believes that affected businesses need more time to review the proposal and prepare their comments.
Reports, Forms, and Recordkeeping Requirements
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes an existing collection of information for motor vehicle tire and rim labeling requirements for which NHTSA intends to seek renewed OMB approval.
Reports, Forms, and Recordkeeping Requirements
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes an existing collection of information for 49 CFR part 574, Tire Identification and Recordkeeping, for which NHTSA intends to seek renewed OMB approval.
Memorandum of Understanding Between the Food and Drug Administration and the U.S. Department of Agriculture's Agricultural and Marketing Service, Farm Service Agency, and Food Nutrition Service
The Food and Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) with the U.S. Department of Agriculture's (USDA) Agricultural and Marketing Service, Farm Service Agency, and Food Nutrition Service. The purpose of the MOU is to provide a framework for the parties to communicate and cooperate in the timely and full exchange of information to optimize controls essential to minimizing potential for the distribution or use of USDA foods which may be unsafe. For the purpose of this MOU, the term ``USDA foods'' will mean commodities procured by USDA for use in domestic nutrition assistance programs.
New Car Assessment Program (NCAP); Safety Labeling
This document contains corrections to a final rule (49 CFR 575.302), which was published in the Federal Register of Friday, July 29, 2011 (76 FR 45453). The final rule amended NHTSA's regulation on vehicle labeling of safety rating information to reflect the enhanced NCAP ratings program.
Suspension of Community Eligibility
This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Notice of Intent To Seek Approval To Establish an Information Collection
The National Science Foundation (NSF) is announcing plans to request clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting that OMB approve clearance of this collection for no longer than 3 years. Comments: Comments are invited on (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; or (c) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). These restrictions are being imposed pursuant to an agreement between the United States and Greece that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The final rule amends CBP regulations by adding Greece to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological articles to which the restrictions apply.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, OD has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery '' to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.).
Aging Management of Stainless Steel Structures and Components in Treated Borated Water
On November 8, 2011 (76 FR 69292) the U.S. Nuclear Regulatory Commission (NRC) published in the Federal Register a request for public comment on Draft License Renewal Interim Staff Guidance (LR-ISG), LR- ISG-2011-01, ``Aging Management of Stainless Steel Structures and Components in Treated Borated Water.'' This LR-ISG revises the guidance in the Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants (SRP-LR) and Generic Aging Lessons Learned (GALL) Report for the aging management of stainless steel structures and components exposed to treated borated water. In response to a request from the Nuclear Energy Institute (NEI), the NRC is extending the public comment period until December 17, 2011.
Making Changes to Emergency Plans for Nuclear Power Reactors
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG) 1.219, ``Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.'' This guide describes a method that the NRC staff considers acceptable to implement the requirements that relate to emergency preparedness and specifically to making changes to emergency response plans.
Privacy Act of 1974, as Amended
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury, is publishing its inventory of Privacy Act systems of records.
Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological material from Bolivia. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP Dec. 06-26, are due to expire on December 4, 2011. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension through December 4, 2016. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 01-86 contains the Designated List of archaeological and ethnological material from Bolivia to which the restrictions apply.
Interim Staff Guidance on Aging Management Program for Steam Generators
The U.S. Nuclear Regulatory Commission (NRC) is issuing License Renewal Interim Staff Guidance (LR-ISG), LR-ISG-2011-02, ``Aging Management Program for Steam Generators.'' This LR-ISG provides the NRC staff's evaluation of the suitability of using Revision 3 of the Nuclear Energy Institute's (NEI) document, NEI 97-06, ``Steam Generator Program Guidelines,'' (NRC's Agencywide Documents Access and Management System (ADAMS) Accession No. ML111310712) to manage steam generator aging. The LR-ISG revises the NRC staff's aging management recommendations currently described in Chapter XI.M19 of NUREG-1801, ``Generic Aging Lessons Learned (GALL) Report,'' Revision 2, dated December 2010, which is available in ADAMS under Accession No. ML103490041; and NUREG-1800, Revision 2, ``Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants,'' which is available in ADAMS under Accession No. ML103490036.
Reopening the Comment Period for the Klamath Facilities Removal Draft Environmental Impact Statement/Environmental Impact Report
We, the Department of the Interior, are reopening the comment period on the content for the Klamath Facilities Removal Draft Environmental Impact Statement/Environmental Impact Report (Draft EIS/ EIR). We will accept comments until December 30, 2011.
RTCA Program Management Committee
The FAA is issuing this notice to advise the public of a meeting of RTCA Program Management Committee
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: New England Region Aviation Expo Database
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 59186. The New England Region Aviation Expo database performs conference registration and helps plan the logistics and non-pilot courses for the expo.
Federal Housing Administration (FHA) First Look Sales Method Under the Neighborhood Stabilization Programs (NSP) Technical Assistance: Availability of Universal Name and Address Identification Number (NAID)
On July 15, 2010, HUD published a Federal Register notice establishing the process by which eligible purchasers under the Neighborhood Stabilization Program (NSP) are provided a preference to acquire real estate-owned (REO) properties of FHA under the temporary First Look Sales Method. The July 15, 2010, notice requires that eligible NSP purchasers obtain a HUD-issued Name and Address Identification Number (NAID) to participate in the First Look Sales Method. This notice announces the availability of a universal NAID to aid eligible purchasers under the First Look Sales method.
Forum-Trends in Extreme Winds, Waves, and Extratropical Storms Along the Coasts
This notice sets forth the schedule and topics of an upcoming forum hosted by the NOAA National Climatic Data Center in Asheville, North Carolina on January 11-13, 2012. Invited participants will discuss topics as outlined below. Members of the public are invited to attend the forum and are required to RSVP to Brooke.Stewart@noaa.gov by 5 p.m. EST, Wednesday, December 28, 2011 if they wish to attend. The forum is to be held in a federal facility; building security restrictions preclude attendance by members of the public who do not RSVP by the deadline. Space is also limited and public attendees will be admitted based on the order in which RSVPs are received. Members of the public will be invited to offer their comments during a 30-minute period to be held from 9:30 to 10 a.m. on Wednesday, January 11, 2012. Each individual or group making a verbal presentation will be limited to a total time of five minutes. Please indicate your intention to participate in the public comment period when submitting your RSVP. Time for public comments will be allotted based on the order in which RSVPs are received. Written comments may be submitted via email or in hardcopy and must be received by December 28, 2011. For information on how to submit written comments, please see addresses below. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Brooke Stewart (828) 257- 3020, Brooke.Stewart@noaa.gov) by December 28, 2011.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Aircraft Registration Renewal
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 59185. Aircraft owners are required to complete the Aircraft Registration Renewal to verify the registration information and renew registration triennially. The information collected on an Aircraft Re- Registration Application, AC Form 8050-1A will be used by the FAA to verify and update aircraft registration information collected for an aircraft when it was first registered.
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