March 26, 2012 – Federal Register Recent Federal Regulation Documents
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Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations
The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission. The adopted amendments rescind an exemption from registration as a CPO; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons (``QEPs''); modify the criteria for claiming exclusion from the definition of CPO; and require the annual filing of notices claiming exemptive relief under several sections of the Commision's regulations. Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions. 2. In 17 CFR Part 4, beginning on page 11283, in the second column, in 31st line of text, amendatory instructions 1-8 and their corresponding amendments to the Code of Federal Regulations are being republished as follows:
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the People's Republic of China (PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From Mexico
We determine that imports of bottom mount combination refrigerator-freezers (bottom mount refrigerators) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). In addition, we determine that critical circumstances exist with respect to the subject merchandise exported from Mexico by Samsung Electronics Mexico, S.A. de C.V. (Samsung). Based on our analysis of the comments received, we made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination. The final weighted-average dumping margins for the investigated companies are listed below in the section entitled ``Final Determination Margins.''
Notice of Intent To Revise a Previously Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the National Agricultural Statistics Service (NASS) to seek reinstatement of an information collection, the National Childhood Injury and Occupational Injury Survey of Farm Operators.
Notice of Intent To Seek Approval To Revise and Extend a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Agricultural Resources Management Survey and Chemical Use Surveys. A revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.
Notification of the Next CAFTA-DR Environmental Affairs Council Meeting and Request for Comments on the Meeting Agenda
The Department of State and the Office of the United States Trade Representative are providing notice that the government parties to the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) intend to hold the sixth meeting of the Environmental Affairs Council (Council) established under Chapter 17 of that agreement in San Pedro Sula, Honduras on April 12, 2012 at the Hilton Princess Hotel, 10 Calle y Ave. Circunvalaci[oacute]n, S.O. Col. Trejo. All interested persons are invited to attend a public session beginning at 2:30 p.m. on April 12. During the meeting, each Council Member will present their country's progress in implementing Chapter 17 obligations and on the impacts of environmental cooperation in their countries. The Council will also receive a presentation from the CAFTA-DR Secretariat for Environmental Matters (SEM) and discuss the Organization of American States Third Evaluation Report: Monitoring Progress of the Environmental Cooperation Agenda in the CAFTA-DR Countries. For the public session of the meeting, the Council will highlight issues from the above discussion elements with a particular focus on Chapter 17 obligations and environmental cooperation successes. All interested persons are invited to attend a public session where they will have the opportunity to ask questions and discuss implementation of Chapter 17 and environmental cooperation with Council Members. In addition, the SEM will present on the citizen submission process established under Chapter 17. More information on the Council is included below under
National Climate Assessment and Development Advisory Committee (NCADAC) Meeting
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the DoC NOAA National Climate Assessment and Development Advisory Committee (NCADAC).
Marine Mammals; File No. 17159
Notice is hereby given that Simon Nash, Parthenon Entertainment Ltd, 34 Whiteladies Road, Bristol, BS8 2LG, United Kingdom, has applied in due form for a permit to conduct commercial or educational photography on spinner dolphins (Stenella longirostris).
Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea
We determine that imports of narrow bottom mount combination refrigerator-freezers (bottom mount refrigerators) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). In addition, we determine that there is no reasonable basis to believe or suspect that critical circumstances exist with respect to the subject merchandise exported from Korea. Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination. The final weighted-average dumping margins for the investigated companies are listed below in the section entitled ``Final Determination Margins.''
Special Conditions: Airbus, A350-900 Series Airplane; Passenger Seats With Non-Traditional, Large, Non-Metallic Panels
These special conditions are issued for the Airbus A350-900 series airplane. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Star Pipe Products, Ltd.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Public Notice for Waiver of Aeronautical Land-Use Assurance; Jackson Municipal Airport, Jackson, MN
The Federal Aviation Administration (FAA) is considering a proposal to authorize the release of 18 acres of the airport property at the Jackson Municipal Airport, Jackson MN. The City is proposing a land swap to exchange this 18 acre parcel for another parcel of 24.72 acres. The acreage being released is not needed for aeronautical use as currently identified on the Airport Layout Plan. The acreage comprising this parcel was originally acquired in 1976 with an Airport Development Aid Program (ADAP) grant (76-5-27-0045-01). In exchange for the 18 acres the airport will receive a new parcel of land in the approach to the crosswind runway 4/22. The appraised fair market value of the proposed release parcel is $130,500, the fair market value of the proposed acquire parcel is $165,000. The FAA approved a Categorical Exclusion for environmental requirements on May 13, 2010. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.
Proposed Modification of Class D and Class E Airspace and Revocation of Class E Airspace; Bellingham, WA
This action proposes to modify Class D and Class E airspace at Bellingham, WA, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Bellingham International Airport. This action also would remove Class E airspace designated as an extension to a Class D or E surface area at Bellingham International Airport. This action, initiated by the biennial review of the Bellingham airspace area, would enhance the safety and management of aircraft operations at the airport.
Interest on Untimely Paid Vessel Repair Duties
This document adopts as a final rule, without change, the proposed amendments to the CBP regulations that provide that where an owner or master of a vessel documented under the laws of the United States fails to timely pay the duties determined to be due to CBP that are associated with the purchase of equipment for, or repair to, the vessel while it is outside the United States, interest will accrue on the amounts owed to CBP and that person will be liable for interest. The purpose of this document is to ensure that the CBP regulations reflect that CBP collects interest as part of its inherent revenue collection functions in situations where an owner or master of a vessel fails to pay the vessel repair duties determined to be due within 30 days of CBP issuing the bill.
Expansion of Global Entry to Additional Airports
U.S. Customs and Border Protection (CBP) has established an international trusted traveler program, referred to as Global Entry, at twenty major U.S. airports. Global Entry allows pre-approved, low-risk participants expedited entry into the United States using Global Entry kiosks located at designated airports. This document announces the expansion of the program to include four additional airports.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease WYW163161, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Larry Napolitano, Twylla Napolitano, Michael K. Smith, and Patricia J. Smith for competitive oil and gas lease WYW163161 for land in Niobrara County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Work Group on Alternative Test Methods for Commercial Measuring Devices
The National Institute of Standards and Technology (NIST) is forming a Work Group (WG) to examine alternative methods for testing the accuracy of commercial measuring devices including, but not limited to retail motor-fuel dispensers. The WG will investigate the current methodology and standards (e.g., neck-type volumetric field standards and associated test procedures) widely used by weights and measures officials and service companies to test commercial measuring devices as well as proposed alternatives to ensure that the methodologies and standards facilitate measurements that are traceable to the International System of Units (SI). WG membership is open to any interested party. This notice also summarizes key issues to be considered by this WG.
Permissible Sharing of Client Records by Customs Brokers
This document withdraws a notice of proposed rulemaking, published in the Federal Register on October 27, 2010, that proposed amendments to the Customs and Border Protection (CBP) regulations that would allow brokers, upon the client's consent in a written authorization, to share client information with affiliated entities related to the broker so that these entities may offer non-customs business services to the broker's clients. Although the proposed rule was prepared in response to a request from a member of the broker community seeking to allow brokers to share clients' information for marketing purposes, there was opposition to the proposal from brokers due to the condition on sharing the information that CBP included in the document to protect importers' proprietary information. The notice is being withdrawn to permit further consideration of the relevant issues involved in the proposed rulemaking.
Buy American Exception Under the American Recovery and Reinvestment Act of 2009
The Department of Commerce, National Institute of Standards and Technology is providing notice of a determination of an exception to the Buy American Provisions of the American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act), for inverters necessary for the construction of a solar array system at NIST's WWVH radio station in Kauai, HI.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; State Annual Long-Term Care Ombudsman Report and Instructions
The Administration on Aging (AoA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of bottom mount combination refrigerator-freezers (bottom mount refrigerators) from the Republic of Korea (Korea). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Regional Haze
EPA is proposing approval of a revision to the Connecticut State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018. It was submitted by the Connecticut Department of Environmental Protection (now known as Connecticut Department of Energy and Environmental Protection, CT DEEP) on November 18, 2009, February, 24, 2012 and March 12, 2012. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require States to prevent any future, and remedy any existing, manmade impairment of visibility in mandatory Class I areas (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas.
Certain Stilbenic Optical Brightening Agents From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
On November 3, 2011, the Department of Commerce (the ``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of certain stilbenic optical brightening agents (``stilbenic OBAs'') from the People's Republic of China (``PRC'').\1\ The Department invited interested parties to comment on the Preliminary Determination. Based on the Department's analysis of the comments received, the Department has made changes from the Preliminary Determination, and continues to find that stilbenic OBAs from the PRC are being, or are likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (the ``Act''). The final dumping margins for this investigation are listed in the ``Final Determination'' section below.
Galvanized Steel Wire From the People's Republic of China: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of galvanized steel wire (galvanized wire) from the People's Republic of China (the PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Notice of Final Determination of Sales at Less Than Fair Value: Galvanized Steel Wire From Mexico
On November 4, 2011, the Department of Commerce (the Department) published its preliminary determination in the investigation of sales at less than fair value of galvanized steel wire (galvanized wire) from Mexico.\1\
Galvanized Steel Wire From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
On November 4, 2011, the Department of Commerce (the ``Department'') published the Preliminary Determination of sales at less than fair value (``LTFV'') in the antidumping investigation of galvanized steel wire from the People's Republic of China (``PRC'').\1\ On November 29, 2011, the Department published an Amended Preliminary Determination.\2\ The period of investigation (``POI'') is July 1, 2010, through December 31, 2010. Based on our analysis of the comments received, we have made changes to our Preliminary Determination and Amended Preliminary Determination. The Department continues to find that galvanized steel wire from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Final Determination Margins'' section of this notice.
Proposed Information Collection; Comment Request; Observer Programs' Information that Can Be Gathered Only Through Questions
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Significant New Use Rule for Hexabromocyclododecane and 1,2,5,6,9,10-Hexabromocyclododecane
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances: Hexabromocyclododecane (Chemical Abstracts Service Registry Number (CASRN) 25637-99-4) and 1,2,5,6,9,10- hexabromocyclododecane (CASRN 3194-55-6), hereinafter collectively referred to as HBCD. This proposed rule would designate ``use in consumer textiles, other than for use in motor vehicles'' as a significant new use. This action would require persons who intend to manufacture (including import) or process HBCD for use in covered consumer textiles to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if appropriate, to prohibit or limit that activity before it occurs. For this proposed rule, the general SNUR article exemption for persons who import or process chemical substances as part of an article would not apply.
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