January 30, 2012 – Federal Register Recent Federal Regulation Documents
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Service Contract Inventory for Fiscal Year (FY) 2011
Through this notice, the Secretary announces the availability of the Department of Education's service contract inventory on its Web site, at https://www2.ed.gov/fund/data/report/contracts/ servicecontractinventoryappendix/servicecontractinventory.htm l. A service contract inventory is a tool for assisting an agency in better understanding how contracted services are being used to support mission and operations and whether the contractors' skills are being utilized in an appropriate manner.
Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2012-2013 Award Year Deadline Dates
The Secretary announces the 2012-2013 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the ``campus-based programs'').
President's Advisory Commission on Educational Excellence for Hispanics
This notice sets forth the announcement of a conference call meeting of the President's Advisory Commission on Educational Excellence for Hispanics. The notice also describes the functions of the Commission. Notice of the meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of this meeting.
Promising and Practical Strategies to Increase Postsecondary Success
The Secretary of Education (Secretary) invites institutions of higher education (IHEs), non-profit organizations, States, systems of higher education, adult education providers, researchers, and institutional faculty and staff, or consortia of such entities, to provide the Department of Education (Department) with information about promising and practical strategies, practices, programs, and activities (promising and practical strategies) that have improved rates of postsecondary success, transfer, and graduation. The Department believes this information will be of interest to others in situations similar to those described in the submissions, and useful during future deliberations, possibly including discussions concerning improvements to the Higher Education Act of 1965, as amended (HEA), and other legislative proposals to the Congress. We are most interested in obtaining information about strategies that emphasize the quality of what students learn and timely or accelerated attainment of postsecondary degrees or certificates, including industry-recognized credentials that lead to improved learning and employment outcomes. Information provided in response to this RFI will be posted on the Department's postsecondary completion Web site (Postsecondary Completion Web site) in a form that will allow information about promising and practical strategies to be shared, commented on, and discussed by interested parties, including employees of IHEs, State officials, students, and members of the general public.
Proposed Revision to Selection Criteria-Enhanced Assessment Instruments
The Assistant Secretary for Elementary and Secondary Education proposes to amend the selection criteria under the Enhanced Assessment Instruments Grant program, also called the Enhanced Assessment Grant (EAG) program, as established in the notice of final priorities, requirements, definitions, and selection criteria (2011 NFP). The 2011 NFP established specific priorities, requirements, definitions, and selection criteria that may be used for the EAG program. The changes proposed in this notice would provide the Secretary with additional flexibility with respect to selection criteria for EAG competitions in 2012 that use fiscal year (FY) 2011 funds and for subsequent competitions. We believe that these proposed changes would enable the Department to administer this program more effectively, simplify the application and review processes, and better ensure that the strongest applications receive EAG funds.
Wheego Electric Cars, Inc. Receipt of Petition for Temporary Exemption From the Electronic Stability Control Requirements of FMVSS No. 126
In accordance with the procedures in 49 CFR part 555, Wheego Electric Cars, Inc., has petitioned the agency for a temporary exemption from the electronic stability control requirements of FMVSS No. 126. The basis for the application is that the petitioner avers that the exemption would make the development or field evaluation of a low-emission vehicle easier and would not unreasonably lower the safety level of that vehicle.\1\ This notice of receipt of an application for a temporary exemption is published in accordance with statutory and administrative provisions. NHTSA has made no judgment on the merits of the application.
Proposed Agency Information Collection Activities; Comment Request
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on November 14, 2011 (76 FR 70532).
New Mexico Regulatory Program
We are approving an amendment to the New Mexico regulatory program (the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). New Mexico proposed non-substantive editorial revisions to its rules; substantive revisions and additions to rules concerning ownership and control; and substantive revisions to one rule about retention of sedimentation ponds. New Mexico revised its program to be consistent with the corresponding Federal regulations and to clarify ambiguities.
Culturally Significant Objects Imported for Exhibition Determinations: “Children of the Plumed Serpent: The Legacy of Quetzalcoatl in Ancient Mexico”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ``Children of the Plumed Serpent: The Legacy of Quetzalcoatl in Ancient Mexico,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, Los Angeles, CA from on or about April 1, 2012, until on or about July 1, 2012, and then exhibition or display of the exhibit at the Dallas Museum of Art, Dallas, TX from on or about July 29, 2012 to on or about November 25, 2012, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.
Request for Information Regarding the Reinsurance Program Under the Affordable Care Act
This notice is a request for information (RFI) to gain market information on entities that could administer a transitional reinsurance program. This RFI will inform one or more future Requests for Proposals (RFP). This RFI solicits information about entities that could function as a reinsurance entity for the transitional reinsurance program. CMS or one or more States may contract for services required to fulfill the statutory and regulatory requirements of the reinsurance entity.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region; Correction
This document contains corrections to a final rule published in the Federal Register on December 30, 2011, to implement the Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) for the South Atlantic region. The final rule adds Appendix E to part 622, however, a final rule to implement Caribbean actions, published in the Federal Register on the same day (December 30, 2011), also adds an Appendix E to part 622. This rule corrects the final rule for CE-BA2 by removing ``Appendix E'' wherever it occurs, and adding in its place ``Appendix F.'' This rule also renumbers footnote 7 in Table 1 as footnote 5.
Ecusta Mill Site, Pisgah Forest, Transylvania County, NC; Notice of Amended Settlement
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has amended a settlement for resolution of past response and future costs concerning the Ecusta Mill Superfund Site located in Pisgah Forest, Transylvania County, North Carolina.
Patent Public Advisory Committee Public Hearings on the Proposed Patent Fee Schedule
Under Section 10 of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) may set or adjust by rule any patent or trademark fee established, authorized, or charged under Title 35 of the United States Code or the Trademark Act of 1946, respectively. The USPTO currently is planning to set or adjust patent fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust patent fees, the Patent Public Advisory Committee (PPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed patent fees, and the USPTO is required to assist PPAC in carrying out that hearing. To that end, the USPTO will make its proposed patent fees available as set forth in the Supplementary Information section of this Notice before any PPAC hearing and will help the PPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for two PPAC public hearings regarding USPTO proposed patent fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed patent fees and the questions posed on PPAC's Web site about the proposed fees.
Air Quality Implementation Plans; Kentucky; Attainment Plan for the Kentucky Portion of the Huntington-Ashland 1997 Annual PM2.
EPA is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to EPA on December 3, 2008, for the purpose of providing for attainment of the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Kentucky portion of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5 nonattainment area (hereafter referred to as the ``Huntington-Ashland Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd County and a portion of Lawrence County in Kentucky; Cabell and Wayne Counties and a portion of Mason County in West Virginia; and Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio. The Kentucky plan (hereafter referred to as the ``attainment plan'') pertains only to the Kentucky portion of the Huntington-Ashland Area. EPA is now proposing to approve Kentucky's submittal regarding reasonably available control technology (RACT) and reasonably available control measures (RACM); reasonable further progress (RFP); base-year and attainment-year emissions inventories; contingency measures; and, for transportation conformity purposes, an insignificance determination for PM2.5 and nitrogen oxides (NOX) for the mobile source contribution to ambient PM2.5 levels for the Commonwealth's portion of the Huntington-Ashland Area. This action is being taken in accordance with the Clean Air Act (CAA or Act) and the ``Clean Air Fine Particle Implementation Rule,'' hereafter referred to as the ``PM2.5 Implementation Rule,'' issued by EPA on April 25, 2007. The States of West Virginia and Ohio have provided separate SIP revisions with attainment plans for their portions for the Huntington-Ashland Area. EPA will act on those SIP revisions in rulemaking separate from today's rulemaking.
Revision to Proposed Collection; Comment Request; National Institute of Child Health and Human Development; the National Children's Study, Vanguard (Pilot) Study
In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institute of Child Health and Human Development (NICHD), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.
CPSC Symposium on Phthalates Screening and Testing Methods
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is announcing its intent to hold a symposium on phthalates screening and testing methods. The symposium will be held at the CPSC's National Product Testing and Evaluation Center in Rockville, Maryland, on March 1, 2012. We invite interested parties to participate in or attend the symposium and to submit comments.
Information Collection Being Reviewed by the Federal Communications Commission
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. 3501-3520), 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 estimate; (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 burden for 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 Proposed Information Collection: Comment Request; Production of Material or Provision of Testimony by HUD in Response to Demands in Legal Proceedings Among Private Litigants
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Information Collection Activities: Assessment Tools for Park-Based Youth Education and Employment Experience Programs
We (National Park Service) will ask the Office of Management and Budget (OMB) to approve the Information Collection (IC) described below. This collection will consist of 9 separate survey instruments. As required by the Paperwork Reduction Act of 1995, and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC.
Certain Mobile Devices and Related Software Corrected Notice of Request for Statements on the Public Interest
This Notice corrects the notice in the same matter published January 25, 2012, Vol. 77, No. 16, page 77 FR 3794, to replace Motorola Solutions as Respondent with Motorola Mobility, Inc. The following notice provides the complete corrected notice: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order directed to the products of Motorola Mobility, Inc. of Libertyville, Illinois (``Motorola'') that have been found to infringe the asserted patents and a cease and desist order directed to Motorola.
Endangered and Threatened Wildlife and Plants; Reissuance of Interim Special Rule for the Polar Bear
On November 18, 2011, the United States District Court for the District of Columbia (Court) issued an order in regard to Misc. No. 08- 764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT LISTING AND Sec. 4(d) RULE LITIGATION, vacating and remanding to the U.S. Fish and Wildlife Service the December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in its place the interim final special rule for the polar bear published on May 15, 2008 (73 FR 28306), shall remain in effect until superseded by the new special rule for the polar bear to be published in the Federal Register. This rule complies with that order and provides final notice of the reinstatement of the May 15, 2008, interim final special rule for the polar bear.
Notice of Opportunity for Public Comment on the Proposed Models for Plant-Specific Adoption of Technical Specifications Task Force Traveler TSTF-432, Revision 1, “Change in Technical Specifications End States (WCAP-16294)” Using the Consolidated Line Item Improvement Process
The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on the proposed model safety evaluation (SE) for plant- specific adoption of Technical Specifications (TS) Task Force (TSTF) Traveler TSTF-432, Revision 1, ``Change in Technical Specifications End States (WCAP-16294).'' TSTF-432, Revision 1, is available in the Agencywide Documents Access and Management System (ADAMS) under Accession Number ML103360003; the model application is available in ADAMS under Accession Number ML113202614. The proposed model SE for plant-specific adoption of TSTF-432, Revision 1, is available electronically under ADAMS Accession Number ML112991526. The proposed change revises the Improved Standard Technical Specification (ISTS), NUREG-1431, ``Standard Technical Specifications Westinghouse Plants,'' to permit, for some systems, entry into a hot shutdown (Mode 4) end state rather than a cold shutdown (Mode 5) end state. The model SE will facilitate expedited approval of plant- specific adoption of TSTF-432, Revision 1. This TS improvement is part of the consolidated line item improvement process (CLIIP).
Environmental Management Advisory Board
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 Environmental Management Advisory Board will be renewed for a two-year period beginning January 23, 2012. The Board provides advice and recommendations to the Assistant Secretary for Environmental Management (EM) on a broad range of corporate issues affecting the EM program. These issues include, but are not limited to, project management and oversight activities, cost/ benefit analyses, program performance, human capital development, and contracts and acquisition strategies. Recommendations to EM on the programmatic resolution of numerous difficult issues will help achieve EM's objective of the safe and efficient cleanup of its contaminated sites. Additionally, the renewal of the Environmental Management Advisory Board 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 the Department of Energy by law and agreement. The Board will operate in accordance with the provisions of the Federal Advisory Committee Act, and rules and regulations issued in implementation of that Act.
Proposed Agency Information Collection
The Department of Energy (DOE) has submitted to the Office of Management and Budget (OMB) for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995. The proposed collection, titled the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Commercialization Survey will satisfy the program requirements of the Small Business Act, including requirements established in the SBIR program reauthorization legislation, Public Law 106-554 and Public Law 107-50. DOE will collect the survey data via web-enabled software and provide it to the Small Business Administration (SBA) to maintain information about the DOE SBIR/STTR awards issued through the two programs. This data will be provided by DOE based on information collected from SBIR/STTR awardees. This data will be used by DOE, SBA, and Congress to assess the commercial impact of these two programs. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the DOE Desk Officer at OMB of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at (202) 395-4560.
Notice of Public Meeting, Coeur d'Alene District Resource Advisory Council Meeting; Idaho
In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Coeur d'Alene District Resource Advisory Council (RAC) will meet as indicated below.
Maritime Security Directive 104-6 (Rev 6); Guidelines for U.S. Vessels Operating in High Risk Waters
The Coast Guard announces the release of Maritime Security (MARSEC) Directive 104-6 (Rev 6). This Directive only applies to U.S.- flagged vessels subject to the Maritime Transportation Security Act (MTSA) on international voyages through or in designated high risk waters, and provides additional counter-piracy guidance and mandatory measures for these vessels operating in these areas where acts of piracy and armed robbery against ships are prevalent. MARSEC Directive 104-6 (Rev 6) also includes an annex that provides specific direction for vessels operating around the Horn of Africa. Although MARSEC Directives are designated Sensitive Security Information (SSI) and are not subject to public release, a non-SSI version of this directive is available.
Special Local Regulation and Safety Zone; America's Cup Sailing Events, San Francisco, CA
The Coast Guard proposes to adopt a temporary special local regulation and temporary safety zone for those portions of the ``America's Cup World Series,'' the ``Louis Vuitton Cup'' challenger selection series, and the ``America's Cup Finals Match'' sailing regattas that may be conducted in the waters of San Francisco Bay adjacent to the City of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island between August and September 2012 and between July and September 2013. These regulations would be necessary to provide for the safety of life on the navigable waters immediately prior to, during, and immediately after any regattas that may occur. The proposed regulation would temporarily restrict vessel traffic in a portion of the San Francisco Bay, prohibit vessels not participating in the America's Cup sailing events from entering the designated race area, and create a temporary safety zone around racing vessels.
Harmonizing Schedule I Drug Requirements
The Federal Motor Carrier Safety Administration (FMCSA) amends the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers may not use Schedule I drugs and be qualified to drive commercial motor vehicles (CMVs) under any circumstances. The rule harmonizes FMCSA's provisions regarding pre-employment and return-to-duty test refusals with corresponding Department of Transportation (DOT)-wide provisions. Finally, the rule corrects inaccurate uses of the term ``actual knowledge.''
Meeting of the Community Preventive Services Task Force
The Centers for Disease Control and Prevention (CDC) announces the next meeting of the Community Preventive Services Task Force (CPSTF). The Task Forcean independent, nonfederal body of nationally known leaders in public health practice, policy, and research who are appointed by the CDC Directorwas convened in 1996 by the Department of Health and Human Services (HHS) to assess the effectiveness of community, environmental, population, and healthcare system interventions in public health and health promotion. During this meeting, the Task Force will consider the findings of systematic reviews and issue recommendations and findings to help inform decision making about policy, practice, and research in a wide range of U.S. settings. The Task Force's recommendations, along with the systematic reviews of the scientific evidence on which they are based, are compiled in the Guide to Community Preventive Services (Community Guide).
Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting
In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Eastern Washington Resource Advisory Council (EWRAC) will meet as indicated below.
Wildlife and Hunting Heritage Conservation Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).
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