September 14, 2012 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by the Center for Biological Diversity, Greenpeace, Inc., and Port Townsend Airwatchers (collectively, ``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. EPA, No. C-11-06059 YGR (N.D. CA). On December 6, 2011, Plaintiffs filed a complaint alleging that EPA failed to review, and if appropriate revise, the New Source Performance Standards for Kraft Pulp Mills (``Kraft Pulp NSPS'') under CAA section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B). The proposed consent decree establishes deadlines for EPA to take action.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Office of Strategic Coordination (OSC), Division of Program Coordination, Planning, and Strategic Initiatives (DPCPSI), the National Institutes of Health (NIH), has submitted to the Office of Management and Budget (OMB) a request to review and approve the information collection listed below. This proposed information collection was previously published in the Federal Register on June 13, 2012 (Vol. 77, No 114, Page 35408), and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The NIH may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Proposed Collection: Title: Process Evaluation of the Early Independence Award (EIA) Program. Type of Information Collection Request: NEW. Need and Use of Information Collection: This study will assess the EIA program operations. The primary objectives of the study are to: (1) Assess if the Requests for Applications (RFAs) are meeting the needs of applicants; (2) document the selection process; (3) document EIA program operations; (4) assess the progress being made by the Early Independence Principal Investigators; and (5) assess the support provided by the Host Institutions to the Early Independence Principal Investigators. The findings will provide valuable information concerning: (1) Aspects of the program that could be revised or improved; (2) progress made by the Early Independence Principal Investigators; and (3) implementation of the program at Host Institutions. Frequency of Response: On occasion. Affected Public: None. Type of Respondents: Applicants, reviewers, and awardees. The annual reporting burden is as follows: Estimated Number of Respondents: 390; Estimated Number of Responses per Respondent: 1; Average Burden Hours per Response: .4; and Estimated Total Annual Burden Hours Requested: 158. The annualized cost to respondents is estimated at $9,774. There are no Capital Costs to report.

In this rule, NMFS specifies a quota of 325,000 lb of Deep 7 bottomfish in the main Hawaiian Islands for the 2012-13 fishing year, based on an annual catch limit of 346,000 lb. The action supports the long-term sustainability of Hawaii bottomfish.

The SEDAR Steering Committee will meet via webinar to discuss the SEDAR process and assessment schedule. See SUPPLEMENTARY INFORMATION.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Recreational Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The OCC, 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 continuing information collection, as required by the Paperwork Reduction Act of 1995. Currently, the OCC is soliciting comment concerning a renewal of an existing collection titled ``Customer Complaint Form.'' The OCC also is giving notice that it has submitted the collection to OMB for review.

This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single- Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in October 2012 and interest assumptions under the asset allocation regulation for valuation dates in the fourth quarter of 2012. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

NMFS proposes a regulatory amendment to increase the maximum retainable amounts (MRAs) of groundfish using arrowtooth flounder (Atheresthes stomias) and Kamchatka flounder (Atheresthes evermanni) as basis species in the Bering Sea and Aleutian Islands management area (BSAI). This action would allow the use of BSAI arrowtooth flounder and Kamchatka flounder as basis species for the retention of species closed to directed fishing and is necessary to improve retention of otherwise marketable groundfish in these BSAI fisheries. This action also includes four regulatory amendments related to harvest management of Kamchatka flounder. Three amendments are necessary to manage Kamchatka flounder in the same manner as arrowtooth flounder in the BSAI and to aid in the recordkeeping, reporting, and catch accounting of flatfish in the BSAI. The fourth amendment is necessary to provide NMFS the flexibility to allocate arrowtooth flounder and Kamchatka flounder (and other species in the future) to the Western Alaska Community Development Quota (CDQ) Program in the annual harvest specifications. Through this proposed action, NMFS intends to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable law.

The Department of the Army proposes two reinstate a systems of records in its inventory of record systems to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. After review, it has been determined that the records covered under these previously deleted notices (see 77 FR 13571-13573 and 77 FR 13573-13574, March 7, 2012) are not covered elsewhere as stated; therefore these notices are being reinstated.

The FAA announces the charter renewal of the Aviation Rulemaking Advisory Committee (ARAC), a Federal Advisory Committee that works with industry and the public to improve the development of the FAA's regulations. This charter renewal will take effect on September 17, 2012, and will expire after 2 years.

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, 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 ``Tokyo 1955-70: A New Avant-Garde,'' 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 Museum of Modern Art, New York, NY, from on or about November 18, 2012, until on or about February 25, 2013, 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.

On September 5, 2012 (77 FR 54568-54569), the Defense Advisory Committee on Women in the Services gave notice of a meeting to be held September 27, 2012, from 8:30 a.m. to 4:30 p.m. and September 28, 2012, from 1 p.m. to 4:30 p.m. in Alexandria, Virginia. Pursuant to Section 10(a), Public Law 92-463, as amended, the Department of Defense announces that the agenda for the September 27, 2012 meeting has changed. Also, the time for oral presentations by members of the public has been changed. Oral presentations by members of the public will now be permitted only on Thursday, September 27, 2012 from 3:15 p.m. to 4 p.m. in front of the full Committee. All other information in the notice remains the same.

FRA is issuing this notice to advise the public that the comment period for the Supplemental Draft Environmental Impact Statement (EIS) for the Fresno to Bakersfield Section of the California High-Speed Train (HST) Project (Project) issued on June 20, 2012 has been extended and shall now end on October 19, 2012. FRA and the Project sponsor, the California High Speed Rail Authority (Authority), made this decision to be responsive to stakeholder requests and to encourage comprehensive public participation. FRA is the lead Federal agency and Authority is the lead state agency for the environmental review process. Public hearings were held on August 27, August 28, and August 29, 2012, in the Cities of Fresno, Hanford, and Bakersfield, CA respectively.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations parts 1500-1508), the Department of the Navy (DoN) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement (EIS) to evaluate the potential environmental effects of Medical Facilities Development (MFD) and University Expansion at Naval Support Activity (NSA) Bethesda, MD. The purpose of the MFD proposed action is to implement the Congressional mandate from the Fiscal Year (FY) 2010 National Defense Authorization Act (NDAA) to achieve the new statutory world-class standards for military medicine at the Walter Reed National Military Medical Center (WRNMMC) by providing enduring medical facilities commensurate in quality, capability and condition as those provided by the 2005 Base Realignment and Closure (BRAC) investment. The 2005 BRAC program was designed to accommodate transfer of Walter Reed Army Medical Center (WRAMC) to WRNMMC but not address mission capability or improvements of the existing infrastructure. The MFD is needed because current space is insufficient to meet world-class standards. The purpose of the University Expansion of the Uniformed Services University of the Health Sciences (USU) is to provide adequate education and research space to meet Military Health System (MHS) commitments to deliver training and post-graduate level education to the military medical community and enable USU to serve as the core academic health research center at WRNMMC. The University Expansion is needed because current operations are dispersed between the main USU buildings and nineteen facilities comprising off-site leased locations in Montgomery County and other buildings on NSA Bethesda. Operations are fragmented and insufficient to meet education and research space requirements as well as Liaison Committee on Medical Education (LCME) accreditation requirements. NSA Bethesda is the action proponent and Joint Task Force National Capital Region Medical, WRNMMC, and USU are tenants of NSA Bethesda. There are no cooperating agencies for the EIS. The EIS considers the 2012 NSA Bethesda Master Plan relative to the implementation of the MFD and University Expansion. The EIS evaluates the direct, indirect, and cumulative impacts of the proposed actions in the context of the programmed projects already in progress and the programmatic effects of the potential future development opportunities identified in the 2012 NSA Bethesda Master Plan. The DoN will conduct two public hearings to receive oral and written comments on the Draft EIS. Federal, state, and local agencies, elected officials, and other interested individuals and organizations are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS. Dates and Addresses: Public hearings will be held on the following dates and locations: 1. October 4, 2012 from 1 p.m. to 5 p.m. at the Bethesda Marriott, 5151 Pooks Hills Road, Bethesda, MD 20814; and 2. October 11, 2012 from 5 p.m. to 9 p.m. at the Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814. Both meetings will start with an open house session followed by a presentation by the DoN and a public hearing session, which will be transcribed by a court reporter. The open house session will allow individuals the opportunity to review summaries of the information presented in the Draft EIS. DoN representatives will be available during the open house sessions to clarify information related to the Draft EIS.

The U.S. Nuclear Regulatory Commission (NRC) will consider the issue raised in the petition for rulemaking (PRM) submitted by Annette User, on behalf of GE Osmonics, Inc. (GE or the petitioner), in the rulemaking process. The petitioner requests that the NRC amend its regulations regarding the commercial distribution of byproduct material to allow recipients of exempt quantities of polymer (polycarbonate or polyester) track etch (PCTE) membranes that have been irradiated with mixed fission products (MFP) to commercially redistribute the material without a license. In its review of the PRM, the NRC concluded that the petitioner raised a valid issue concerning regulatory control of the commercial distribution of PCTE membranes that the NRC will consider in its rulemaking process.

Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given that 15 meetings of the Humanities Panel will be held during October 2012 as follows. The purpose of the meetings is for panel review, discussion, evaluation, and recommendation of applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951-960, as amended).

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 information collection requests a reinstatement for a three- year approval of the Commercial Buildings Energy Consumption Survey (CBECS), Forms EIA871A through J, OMB Control Number 1905-0145. The proposed collection will collect baseline data on energy consumption and expenditures in commercial buildings and on the energy- related characteristics of those buildings. To obtain this information, interviews are conducted for a sample of commercial buildings representing the 50 States and the District of Columbia. For buildings in the survey, data are collected on the types, amount and cost of energy consumed in the building, how the energy is used, structural characteristics of the buildings, activities conducted inside the buildings that relate to energy use, building ownership and occupancy, energy conservation measures, and energy-using equipment. For those buildings that cannot provide energy consumption data for the building, the data will be obtained in a follow-up survey from the suppliers of electricity, natural gas, fuel oil and/or district heat to the building, after receiving permission from the building owner, manager or tenant.

The National Science Foundation (NSF) Office of Inspector General (OIG) is announcing plans to establish this collection. In accordance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting Office of Management and Budget (OMB) clearance of this collection for no longer than 3 years. 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; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.