2011 – Federal Register Recent Federal Regulation Documents
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Carbon and Certain Alloy Steel Wire Rod From Mexico: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order
We preliminarily determine that carbon and certain alloy steel wire rod (wire rod) with an actual diameter between 4.75 mm and 5.00 mm produced in Mexico and exported to the United States by Deacero S.A. de C.V. (Deacero) is circumventing the antidumping duty order on wire rod from Mexico (Wire Rod Order) within the meaning of section 781(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i).\1\
Environmental Management Site-Specific Advisory Board, Northern New Mexico
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Bureau of Political Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses
Notice is hereby given that the Department of State has forwarded the attached Notifications of Proposed Export Licenses to the Congress on the dates indicated on the attachments pursuant to sections 36(c) and 36(d) and in compliance with section 36(f) of the Arms Export Control Act (22 U.S.C. 2776).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Snapper-Grouper Management Measures
NMFS publishes this proposed rule to implement a regulatory amendment (Regulatory Amendment 11) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would remove the harvest and possession prohibition of six deep-water snapper-grouper species (snowy grouper, blueline tilefish, yellowedge grouper, misty grouper, queen snapper, and silk snapper) from depths greater than 240 ft (73 m) in the South Atlantic exclusive economic zone (EEZ). The intent of this rule is to reduce the socio-economic impacts to fishermen harvesting deep-water snapper-grouper as well as maintain the biological protection to speckled hind and warsaw grouper in the South Atlantic.
Copayments for Medications in 2012
The Department of Veterans Affairs (VA) amends its medical regulations concerning the copayment required for certain medications. Under current regulations, beginning on January 1, 2012, the copayment amount must be increased based on the prescription drug component of the Medical Consumer Price Index, and the maximum annual copayment amount must be increased when the copayment is increased. A prior action ``froze'' the copayment amount for veterans in VA's health care system enrollment priority categories 2 through 6 and allowed for increased copayments, as required by the current regulation, only for veterans in priority categories 7 and 8. This document freezes copayments at the current rate for veterans in priority categories 2 through 6 for the next 12 months, and thereafter resumes increasing copayments in accordance with any change in the prescription drug component of the Medical Consumer Price Index (CPI-P).
Schedule for Rating Disabilities; Evaluation of Amyotrophic Lateral Sclerosis
The Department of Veterans Affairs (VA) is amending its Schedule for Rating Disabilities by revising the disability evaluation criterion provided for amyotrophic lateral sclerosis (ALS) to provide an evaluation of 100 percent for any veteran with service-connected ALS. This change is necessary to adequately compensate veterans who suffer from this progressive, untreatable, and fatal disease. This change is intended to provide a total disability rating for any veteran with service-connected ALS.
Endangered and Threatened Wildlife; 90-Day Finding on Petition To List the Barndoor Skate, Winter Skate and Smooth Skate Under the Endangered Species Act
We, NMFS, announce a 90-day finding for a petition to list the barndoor skate (Dipturus laevis), winter skate (Leucoraja ocellata) and smooth skate (Malacoraja senta) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific information indicating the petitioned actions may be warranted. Accordingly, we will not initiate a review of the status of these species at this time.
Decision and Order Granting a Waiver to LG Electronics U.S.A., Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures
This notice publishes the U.S. Department of Energy's (DOE) Decision and Order in Case No. CAC-036, which grants LG Electronics U.S.A., Inc. (LG) a waiver from the existing DOE test procedures applicable to commercial package air-source central air conditioners and heat pumps. The waiver is applicable to the LG Multi V III variable refrigerant flow (VRF) multi-split commercial heat pumps specified in LG's July 22, 2011 petition for waiver. As a condition of this waiver, LG must use the alternate test procedure set forth in this notice to test and rate its Multi V III VRF multi-split commercial heat pumps.
Loan Guaranty Revised Loan Modification Procedures
This document amends a Department of Veterans Affairs (VA) Loan Guaranty regulation related to modification of guaranteed housing loans in default. Specifically, changes are made to requirements related to maximum interest rates on modified loans and to items that may be capitalized in a modified loan amount. In addition, we are revising the regulation to clarify that the holder of a loan may seek VA approval for a loan modification that does not otherwise meet prescribed conditions. The amendments are intended to liberalize the requirements for modification of VA-guaranteed loans and provide holders more options for working with veterans to avoid foreclosure.
Listing Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petitions To List the Thorny Skate (Amblyraja radiata
We, NMFS, announce 90-day finding for petitions to list the thorny skate (Amblyraja radiata) under the Endangered Species Act (ESA). We find that the petitions do not present substantial scientific information indicating the petitioned actions may be warranted. Accordingly, we will not initiate a review of the status of thorny skate at this time.
Oral Dosage Form New Animal Drugs; Cyclosporine
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Novartis Animal Health US, Inc. The NADA provides for the veterinary prescription use of cyclosporine oral solution, USP (MODIFIED) for the control of feline allergic dermatitis.
Alternative Personnel Management System (APMS) at the National Institute of Standards and Technology
This notice informs the public that the National Institute of Standards and Technology (NIST) is extending for six (6) months beginning on January 5, 2012, its APMS direct-hire authority pilot. NIST will continue piloting direct-hire authority under Title 5, CFR, Part 337, Subpart B for all positions within NIST in the Scientific and Engineering (ZP) career path at the Pay Band III and above, for Nuclear Reactor Operator positions in the Scientific and Engineering (ZT) career path at Pay Band III and above, and for all occupations for which there is a special rate under the General Schedule pay system.
Furfuryl Alcohol From China; Scheduling of an Expedited Five-Year Review
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on furfuryl alcohol from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review 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).
Summary of Commission Practice Relating to Administrative Protective Orders
Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') in investigations under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). This notice provides a summary of investigations completed during calendar year 2010 of breaches in proceedings under title VII, section 337 of the Tariff Act of 1930, and section 421 of the Trade Act of 1974. There were no rules violation investigations completed in 2010. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.
Agency Information Collection Activities: Proposed Collection; Comment Request; Inspection of Insured Structures by Communities
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed extension, without change, of a currently approved collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning extension of the Inspection of Insured Structures by Communities. The community inspection report requires that FEMA consult with local officials and others in Monroe County, Village of Islamorada, and the City of Marathon following any hurricane that may hit the Florida Keys, concerning compliance of insured buildings with the community's floodplain management ordinance.
Virginia; Amendment No. 3 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-4042-DR), dated November 4, 2011, and related determinations.
New Hampshire; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New Hampshire (FEMA-4049-DR), dated December 5, 2011, and related determinations.
Notice of Proposed Information Collection Requests
The Department of Education (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Submission for OMB Review
The Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
The United States Copyright Office (``Office'') seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works. The Office has initiated a rulemaking proceeding in accordance with provisions added by the Digital Millennium Copyright Act (``DMCA'') which provide that the Librarian of Congress (``Librarian''), upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention. The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice publishes the classes of works received by the Office, which were proposed by several parties in the comment period that ended on December 1, 2011.
New Jersey; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of New Jersey (FEMA-4048-DR), dated November 30, 2011, and related determinations.
Rice Solar Energy Project Record of Decision (DOE/EIS-0439)
Western Area Power Administration (Western) received a request from Rice Solar Energy, LLC (RSE) to interconnect its proposed Rice Solar Energy Project (Project) to Western's Parker-Blythe No. 2 Transmission Line. The Project would be located in eastern Riverside County, California, near State Route 62, approximately 40 miles northwest of Blythe, California, and 15 miles west of Vidal Junction, California. On June 10, 2011, the Notice of Availability of the Final Environmental Impact Statement (EIS) and Plan Amendment for Rice Solar Energy Project was published in the Federal Register (76 FR 34073). After considering the environmental impacts, Western has decided to allow RSE's request for interconnection to Western's transmission system at its Parker-Blythe No. 2 Transmission Line and to construct, own, and operate a new substation.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Announcement of National Geospatial Advisory Committee Meeting
The National Geospatial Advisory Committee (NGAC) will meet on January 12, 2012, from 1 p.m. to 4 p.m. EST. The meeting will be held via Web conference and teleconference. The NGAC, which is composed of representatives from governmental, private sector, non-profit, and academic organizations, has been established to advise the Chair of the Federal Geographic Data Committee on management of Federal geospatial programs, the development of the National Spatial Data Infrastructure, and the implementation of Office of Management and Budget (OMB) Circular A-16. Topics to be addressed at the meeting include:
Medicare and Medicaid Programs; Announcement of Application From Hospital Requesting Waiver for Organ Procurement Service Area
This notice with comment period announces a waiver request from Pioneer Community Hospital to participate in an Organ Procurement Organization (OPO) outside of its designated OPO. The request was made in accordance with section 1138(a)(2) of the Social Security Act (the Act) which provides that a hospital may obtain a waiver from the Secretary under certain conditions. This notice solicits comments from OPOs and the general public for our consideration in determining whether we should grant the requested waiver.
Biological and Environmental Research Advisory Committee
Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act (Pub. L. 92-463), and in accordance with Title 41, Code of Federal Regulations, Section 102-3.65(a), and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Biological and Environmental Research Advisory Committee will be renewed for a two- year period beginning December 14, 2011. The Committee provides advice and recommendations to the Department of Energy on matters related to the Biological and Environmental Research programs. Additionally, the renewal of the Biological and Environmental Research Advisory Committee has been determined to be essential to the conduct of the Department's mission and to be in the public interest in connection with the performance of duties imposed upon the Department of Energy by law and agreement. The Committee will operate in accordance with the provisions of the Federal Advisory Committee Act, and rules and regulations issued in implementation of that Act.
Proposed Amendment of Class E Airspace; Lamar, CO
This action proposes to amend Class E airspace at Lamar Municipal Airport, Lamar, CO. Decommissioning of the Lamar Tactical Air Navigation System (TACAN) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would adjust the geographic coordinates of the airport.
Federal Aviation Administration
The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the Hawaii State Department of Transportation, Airports Division (DOT-A) under the provisions of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) Part 150 (hereinafter referred to as ``Part 150''). On January 12, 2010, the FAA determined that the noise exposure maps submitted by the DOT-A under Part 150 were in compliance with applicable requirements. On April 20, 2011 the FAA approved the Kona International Airport at Keahole noise compatibility program. All of the recommendations of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed.
Notice of Request To Release Airport Property
The FAA proposes to rule and invites public comment on the release of land at the Liberal Mid-America Regional Airport & Airport Industrial Park, Liberal, Kansas, under the provisions of 49 U.S.C. 47107(h)(2).
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Environmental Impact Statement: Cook and DuPage Counties, IL
The FHWA and FAA are issuing this notice to advise the public that a Tier Two Environmental Impact Statement will be prepared for the Elgin O'HareWest Bypass in Cook and DuPage Counties, Illinois.
Draft Environmental Impact Statement and Proposed Vernal Pool Habitat Conservation Plan for the City of San Diego, CA
We, the Fish and Wildlife Service (Service), intend to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) of 1969, as amended, for the proposed Vernal Pool Habitat Conservation Plan (VPHCP) under development by the City of San Diego (City). The draft EIS will evaluate the impacts of several alternatives related to the VPHCP being prepared by the City in support of the City's anticipated application for an Endangered Species Act (ESA) permit for incidental take of seven federally listed vernal pool species, from activities associated with urban development activities. We also announce plans for a public scoping meeting and the opening of a public comment period. We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party.
U.S. Air Force Scientific Advisory Board Notice of Meeting
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 United States Air Force Scientific Advisory Board (SAB) meeting will take place 10 to 11 January 2012 at the SAFTAS Conference and Innovation Center, 1550 Crystal Drive Plaza Level, Arlington, VA 22202. The meeting on Tuesday, 10 January 2012, will be from 7:45 a.m.-4:30 p.m., with the sessions between 7:45 a.m. to 9:45 a.m. open to the public. The meeting on Wednesday, 11 January 2012, will be from 8 a.m.-4:15 p.m. with the sessions from 1:30 p.m.-4:15 p.m. open to the public. The awards ceremony from 8 p.m. to 9 p.m. on 11 January 2012 at the Army Navy Country Club in Arlington, VA will be open to the public. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to introduce the FY12 SAB study topics tasked by the Secretary of the Air Force and receive presentations that address relevant subjects to the SAB mission to include introduction of the new Board members for FY12, status of FY11 studies and the remaining FY12 Board schedule; the latest updates on the ongoing Aircraft Oxygen Generation Study; review of the recently completed SAB Air Force Research Laboratory science and technology reviews; non-traditional intelligence, surveillance, and reconnaisance data collection and exploitation; ensuring cyber situational awareness for commanders; extended use of Air Force Space Command space-based sensors; acquisition challenges amid new era of defense policy and lessons learned from challenged acquisition programs; and balancing today's needs with tomorrow's challenges to prepare for full-spectrum operations. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, The Administrative Assistant of the Air Force, in consultation with the Air Force General Counsel, has agreed that the public interest requires some sessions of the United States Air Force Scientific Advisory Board meeting be closed to the public because they will discuss information and matters covered by sections 5 U.S.C. 552b(c) (1) and (4). Any member of the public wishing to provide input to the United States Air Force Scientific Advisory Board should submit a written statement in accordance with 41 CFR Sec. 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the United States Air Force Scientific Advisory Board until its next meeting. The Designated Federal Officer will review all timely submissions with the United States Air Force Scientific Advisory Board Chairperson and ensure they are provided to members of the United States Air Force Scientific Advisory Board before the meeting that is the subject of this notice.
Second Tier Environmental Impact Statement: Jackson County, MO
The FHWA is issuing this notice to advise the public that a Second Tier Environmental Impact Statement (EIS) will be prepared for proposed improvements to I-70 from west of the Paseo Boulevard interchange to east of the Blue Ridge Cutoff interchange in Jackson County, Missouri.
Airworthiness Directives; Rolls-Royce Corporation Turboshaft Engines
We propose to adopt a new airworthiness directive (AD) for certain Rolls-Royce Corporation (RRC) 250-C20, -C20B, and -C20R/2 turboshaft engines. This proposed AD was prompted by seven cases reported of released turbine blades and shrouds, which led to loss of power and engine in-flight shutdowns (IFSDs). This proposed AD would require a one-time visual inspection and fluorescent penetrant inspection (FPI) on certain 3rd and 4th stage turbine wheels for cracks in the turbine blades. We are proposing this AD to prevent failure of 3rd or 4th stage turbine wheel blades which could cause engine failure and damage to the airplane.
Airworthiness Directives; Rolls-Royce plc (RR) RB211-Trent 800 Series Turbofan Engines
We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-Trent 800 Series Turbofan Engines. 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 fuel leaks from the engine due to damage to sections of the fan case low-pressure (LP) fuel tubes. We are issuing this AD to prevent engine fuel leaks, which could result in risk to the airplane.
Tax Return Preparer Penalties Under Section 6695
This document contains final regulations that modify existing regulations related to the tax return preparer penalties under section 6695 of the Internal Revenue Code (Code). The final regulations are necessary to monitor and to improve compliance with the tax return preparer due diligence requirements of section 6695(g). The final regulations affect paid tax return preparers.
Safety Zone; City of Beaufort's Tricentennial New Year's Eve Fireworks Display, Beaufort River, Beaufort, SC
The Coast Guard is establishing a temporary safety zone on the Beaufort River, in Beaufort, South Carolina, during the City of Beaufort's Tricentennial New Year's Eve Fireworks Display. The safety zone is necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.
Carpinteria Offshore Field Redevelopment Project-Developmental Drilling Into the Carpinteria Offshore Field Oil and Gas Reserves, California State Waters, From Federal Platform Hogan
The Bureau of Ocean Energy Management (BOEM) and the California State Lands Commission (CSLC) intend to jointly review a proposal to develop offshore oil and gas resources, located in California state waters, from an existing oil and gas platform located in Federal waters. This review will lead to a joint assessment of the potential environmental impacts and appropriate mitigation measures. This is the Notice of Preparation/Notice of Intent (NOP/NOI) to jointly prepare an Environmental Impact Report/Environmental Impact Statement (EIR/EIS) and hold public scoping meetings for the Carpinteria Offshore Field Redevelopment Project. This notice initiates the public scoping process.
Published Privacy Impact Assessments on the Web
The Privacy Office of DHS is making available seven PIAs on various programs and systems in DHS. These assessments were approved and published on the Privacy Office's web site between September 1, 2011 and November 30, 2011.
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