November 20, 2012 – Federal Register Recent Federal Regulation Documents

The Commodity Exchange Act (``CEA''), as amended by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''), authorizes the Secretary of the Treasury (``Secretary'') to issue a written determination that foreign exchange swaps, foreign exchange forwards, or both, should not be regulated as swaps under the CEA. The Secretary is issuing a determination that exempts both foreign exchange swaps and foreign exchange forwards from the definition of ``swap,'' in accordance with the applicable provisions of the CEA.

Title 5 United States Code, Section 4314, requires that notice of the appointment of an individual to serve as a member of a performance review board (PRB) shall be published in the Federal Register. The following individuals have been appointed to serve as members of the PRB for the Broadcasting Board of Governors: Marie E. Lennon, Chief of Staff, International Broadcasting Bureau; Kelu Chao, Director of Performance Review, International Broadcasting Bureau; and Mark L. Prahl, Associate Director for Operations, Voice of America.

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of an existing information collection requirement regarding Use of Project Labor Agreements for Federal Construction Projects. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-4084-DR), dated 10/18/2012. Incident: Hurricane Isaac. Incident Period: 08/27/2012 through 08/29/2012. Effective Date: 11/07/2012. Physical Loan Application Deadline Date: 12/17/2012. Economic Injury (EIDL) Loan Application Deadline Date: 07/16/2013.

NMFS announces that the State of North Carolina is transferring a portion of its 2012 commercial summer flounder quota to the State of Rhode Island. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 290 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. These parties have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). These 290 parties sent 22,841,618 lbs. of waste to the Casmalia Disposal Site, which represents 0.004 (0.4%) of the total Site waste of 5.6 billion pounds. This settlement requires these parties to pay over $2 million to EPA. Settling Parties: Parties that have elected to settle their liability with EPA at this time are as follows: A Finkl & Sons Co., AAMCO Transmissions Incorporated, Abbott Laboratories, Ace Orthopedic Manufacturing, Inc., Active Magnetic Inspection, Inc., Acton-Agua Dulce Unified School District, Adventist Health, All Diameter Grinding Inc., Allied Pacific Metal Stamping, Alloys Cleaning Inc., Alzeta Corporation, Ambassador Auto, Amercom-Atlantic Research Corp, American Chemical Etching, American Magnetics Corporation, American Rubber Manufacturing, American Security Products Co., Anacapa Marine Services, Analogy Devices, Inc as Successor to Precision Monolithics, Analytical Systems, Division of Marion Labs, Anja Engineering Corporation, Antioch Unified School District, Apex Drum Company, Inc., APL Limited, Aratex Services, Inc., ARB, Inc., Architectural Plywood Inc., Arlon Products, Arnco, Asbury Oil Co., Associated Spring Corporation, Astro Plating, Atlas Radiator Service, Autologic Inc., Avantek,Babcock Inc., BASF Corporation, Bausch & Lomb, Beauman Trust/John L. Hunter & Associates, Better Bilt Aluminum, Big Creek Lumber Company, Blount International, Bonita Packing Co., Brown and Caldwell, Brunswick Corporation, Cal Doran, California Acrylic Industries, California Oil Recyclers, Calnap Tanning Co, Calstar Motors, Inc., Cal-Tron Plating, Caputo Associates, Cargill, Inc., Carter Precision Parts, Inc., Carter-Wallace Inc., Cascade Die Casting Group, Inc., Cate School, Certified Grocers, Chase Packaging Corporation, Chemrex Coatings Corporation, Children's Hospital of Los Angeles, CHM Manufacturing West, Inc., Chrome Nickel Plating, Circle Seal, City of Barstow, City of Buena Park, City of Chino, City of Costa Mesa, City of Glendale, City of Hope National Medical Center, City of Manteca, City of Ontario, City of Port Hueneme, City of San Rafael, City of Santa Fe Springs, Commercial Plating and Engineering Corporation, Inc., Concorde Interstate Battery Co., Connor Spring Manufacturing, Continental Heat Treating, Continental Manufacturing Co., Cook Paint Company, Cool Transports, Inc., Coral Chemical Company, Costco, County of Nevada, Crest Beverage, LLC, Crossfield Products Corporation, Crown Disposal Inc., Custom Chemical Formulators, Inc., Dayton-Granger, Inc., Del Mar Window Coverings, DeVincenci Metal Products, Inc., Disk Media, Inc., Downey Grinding, DuBois Chemicals, Dunn School, DV Industries, Inc., Dynacast Inc., Dynatech Corporation, Dynatem/R C Circuits, Eaz-Lift Spring Corporation, El Paso Electric Co., Electrolurgy, Inc., Electron Plating III, Inc., Electronic Chrome Co., Inc., Entenmann's/Orowheat, Eva Fkiaras, Evans Tank Lines, Exel Corp./Exel Microelectronics, Inc., Fabri Cote, Farmers Insurance Company, Feather River Forest Products Company, Federal Manufacturing Corporation, Fibre Container Corporation, Fifield Land Company, Film Salvage Company, Fontana Wood Preserving, Inc., Formica Corporation, Frito-Lay, Inc, Fritz Burns Foundation, FUJI Hunt USA, Future Foam, Gaehwiler M. Construction Inc., Garner Glass Company, GCG Corporation, General Chemical Corporation, Geophysical Service, Inc., Glenair, Inc., Gold Fields Operating Company, Golden State Foods Corporation, H.A. Luallen, Inc., H.G. Fenton Company, Hannibal Industries, Harbor Diesel and Equipment,Inc, Hartson's Ambulance Service, Hermetic Seal Corporation, Hill Refrigeration Corporation, Hi-Rel Connectors, Inc., Holt Inc., Hosokawa Micron International, Inc., House of Packaging, Humana, Inc., Hyundai Electronics America, International Rectifier Corporation, Irv Guinn, J.B. Dewar, Inc., James Jones Company, Johnson Controls, Inc, Kern High School District, Kern Oil & Refining Company, Keystone Automotive Industries, Inc., Kingsbacher-Murphy, Wesco Division, Lamsco West Inc., Layne Western, Leisure Village Association, Inc., Libby Owens Ford Co, Liquid Investment, Inc., Loctite Corporation, Lompoc Unified School District, Los Angeles Trade-Technical College, Lucas Valley Properties, Inc., Macklanburg-Duncan Company, MAPO, Maruichi America Corp, McDermott, Inc., MDT Biologic Company, Meggitt-USA, Mestek, Inc., MH Golden, Micro Metallics Corp, Micro Power Systems, Mid-State Industrial Insulation, Inc., Moshe Silagi, NCR Corporation, Neal Feay Company, Nelson Name Plate Company, NH3 Service Company, Inc., Norac Company, Nor-Cal Frozen Foods, Nortek Inc, Northern California Power Agency, Norton & Son of California, Nova Transportation Corp, Ojai Oil Company, O'Neil Data Systems, Inc., Orange Heights Orange Association, Oregon State University, Pacific Southwest Mortgage, Pacific Holding Company, Packaging Industries, Park Engineering and Manufacturing Co., Pebble Beach Company, Petaluma Joint Union High School District, Peterson Tractor Company, Pictsweet Company, Plastic Dress-Up Company, Polycore Electronics, Inc., Polymetrics Inc., Precision Tube Bending, Quest Diagnostics, Ramona's Mexican Food Products, RBC Bearings, Redman Equipment & Manufacturing Co, Redwood General Tire, Regillus Homeowners Association, Relton Corporation, Replacement Parts Manufacturing, Republic Fasteners Mfg. Corp, Reuland Electric Company, Reynolds & Reynolds Company, Richmond Honda, Rolls Scaffold & Equipment Inc., Rose Hills Memorial Park, Royal Paper Box Company, Royal Rubber & Manufacturing Company, S&K Plating, Inc., S. J. Amoroso Construction Co., Inc., SAE International, San Francisco Newspaper Agency, San Ysidro Ranch, Sandberg Furniture Mfg, Inc., Santa Barbara Metropolitan, Santa Clara Unified School District, Santa Clara Valley Water District, Santa Maria Ford, Santa Maria Valley Warehouse, Sav-On Plating, Schlumberger Well Service, Sealright Co., Inc., Sepulveda Building Materials, Sheller-Globe Corporation, Sierra Aluminum Company, Sierra Circuits, Inc., Signet Armorlite, Inc., Smith Brothers Crane Rental, Inc., Snap-on Industrial, Southern California Gardeners' Federation, Inc., Speedy Circuits, Inc., Stabile Plating Co. Inc., State of Hawaii, State of Oregon Department of Corrections, State of Oregon Department of Environmental Quality, Steiny and Company, Inc, Suburban Motel, Sullivan Standard, Sumiden Wire Products, Tailored Masonry of California, TCR Industries, Inc., Tension Envelope Corporation, Terminal Freezers, Inc., Textile Rubber, Textured Coatings of America, The Gainey Vineyard, The Kingsfords Product Company, Thomas Printing Ink, Thomson-CSF Components Corporation, Three D Service Company, Toby's Automotive, Trailer Train Co., Cal Pro Divison, Trident Plating Inc, Tri-Ex Tower Corporation, Trimm Industries, Truck Rail Handling, Inc., U.S. Chrome Corporation of California, U.S. Circuit, Inc., Universal Punch Corporation, University of Oregon, V&M Plating Company, Valley Circuits,Van Nuys Plating, Inc., Ventura County Star Free Press, Votaw Precision Technologies, Inc., W.A. Kruger Co., W.M. Lyles Co., W.R. Hatch Company, Wallenius Lines, Waltco, Wareham Development Corporation, Wells Fargo Bank, Western Digital Corporation, Western Metal Lath, William S. Hart Union High, School District, Wilsey Foods, Inc., Windowmaster Products, Inc., Woodward & Clyde Consultants, World Airways, Zep Manufacturing Co., Zephyr Mfg. Company.

The Board of Visitors for the National Fire Academy (Board) will meet via teleconference on Wednesday, December 5, 2012. The meeting will be open to the public.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Renewable Fuels Standard (RFS2) Program'' (EPA ICR No. 2380.20, OMB Control No. 2060-0637) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a ``RENEWAL'' of the ICR, which is currently approved through March 31, 2013. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Application-Permit-Special License Unlading-Lading-Overtime Services (CBP Form 3171). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Eric J. Smart, Ph.D., University of Kentucky: Based on the report of an investigation conducted by the University of Kentucky (UK) and additional analysis conducted by ORI in its oversight review, ORI found that Dr. Eric J. Smart, former Professor of Pediatrics and Physiology, Department of Pediatrics and Physiology, UK, engaged in research misconduct in research supported by National Heart, Lung, and Blood Institute (NHLBI), National Institutes of Health (NIH), grants R01 HL062844, R01 HL058475, R01 HL064056, R01 HL068059, and R01 HL073693, National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), NIH, grant R56 DK063025, and National Center for Research Resources (NCRR), NIH, grant P20 RR105592. ORI found that the Respondent engaged in research misconduct by falsifying and/or fabricating data that were included in ten (10) published papers, one (1) submitted manuscript, seven (7) grant applications, and three (3) progress reports over a period of ten (10) years. Respondent reported experimental data for knockout mice that did not exist in five (5) grant applications and three (3) progress reports and also falsified and/or fabricated images in 45 figures included in the following:

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on paperwork associated with applications for new animal drugs.

The Food and Drug Administration (FDA) is announcing the intent to prioritize and develop therapeutic area data standards to facilitate the conduct of clinical research and the regulatory review of medical products. Therapeutic area disease and domain specific data standards should enable and enhance the ability to integrate, analyze, report, and share regulatory information. FDA has developed a roadmap that provides its current thinking on therapeutic area priorities and has posted it on the FDA Web site. FDA is actively participating with regulated industry, the Clinical Data Interchange Standards Consortium (CDISC), the Critical Path Institute, Health Level 7's (HL7) Clinical Interoperability Council, and other stakeholders to support the development of these therapeutic area standards. The therapeutic area standards will be developed collaboratively based on open, consensus- based data standards development methodology.

The Financial Research Advisory Committee for the Treasury's Office of Financial Research is convening for its first meeting on Wednesday, December 5, 2012 in the Cash Room, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, beginning at 10 a.m. Eastern Time. The meeting will be open to the public via live webcast at https://www.treasury.gov/ofr and limited seating may also be available.

The U.S. Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is publishing the name of one individual whose property and interests in property has been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (``Kingpin Act'') (21 U.S.C. Sec. Sec. 1901-1908, 8 U.S.C. 1182).

The U.S. Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on July 27, 2012 (77 FR 44290). 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 590, ``Application/Permit for Use of the Two White Flint North (TWFN) Auditorium.'' 3. Current OMB approval number: 3150-0181. 4. The form number if applicable: NRC Form 590. 5. How often the collection is required: Each time public use of the auditorium is requested. 6. Who will be required or asked to report: Members of the public requesting use of the NRC Auditorium. 7. An estimate of the number of annual responses: 5. 8. The estimated number of annual respondents: 5. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 1.25 hours (5 requests x 15 minutes per request). 10. Abstract: In accordance with the Public Buildings Act of 1959, an agreement was reached between the Maryland-National Capital Park and Planning Commission, the General Services Administration, and the NRC that the NRC auditorium will be made available for public use. Public users of the auditorium will be required to complete NRC Form 590, Application/Permit for Use of Two White Flint North Auditorium. The information is needed to allow for administrative and security review and scheduling, and to make a determination that there are no anticipated problems with the requester prior to utilization of the facility. The public may examine and have copied for a fee publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by December 20, 2012. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 55, Operators' Licenses. 2. Current OMB approval number: 3150-0018. 3. How often the collection is required: As necessary for NRC to meet its responsibilities to determine the eligibility for applicants and operators. 4. Who is required or asked to report: Holders of and applicants for facility (i.e., nuclear power, non-power research and test reactor) operating licenses and individual operators; licenses. 5. The number of annual respondents: 101. 6. The number of hours needed annually to complete the requirement or request: 165,900. 7. Abstract: Part 55 of Title 10 of the Code of Federal Regulations (10 CFR), ``Operators' Licenses,'' specifies information and data to be provided by applicants and facility licensees so that the NRC may make determinations concerning the licensing and requalification of operators for nuclear reactors, as necessary to promote public health and safety. The reporting and recordkeeping requirements contained in 10 CFR Part 55 are mandatory for the facility licensees and the applicants affected. Submit, by January 22, 2013, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2012-0217. You may submit your comments by any of the following methods: Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2012-0217. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 32 ``Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material.'' 2. Current OMB approval number: 3150-0001. 3. How often the collection is required: There is a one-time submittal of information to receive a certificate of registration for a sealed source and/or device. Certificates of registration for sealed sources and/or devices can be amended at any time. In addition, licensee recordkeeping must be performed on an on-going basis, and reporting of transfer of byproduct material must be reported every calendar year, and in some cases, every calendar quarter. 4. Who is required or asked to report: All specific licensees who manufacture or initially transfer items containing byproduct material for sale or distribution to general licensees, or persons exempt from licensing, medical use product distributors to specific licensees, and those requesting a certificate of registration for a sealed source and/ or device. 5. The number of annual respondents: 959 (246 NRC licensees and registration certificate holders and 713 Agreement State licensees and registration certificate holders). 6. The number of hours needed annually to complete the requirement or request: 164,540 (16,346 reporting hours, 148,093 recordkeeping hours, and 101 third-party disclosures hours). 7. Abstract: Part 32 of Title 10 of the Code of Federal Regulations (10 CFR), establishes requirements for specific licenses for the introduction of byproduct material into products or materials and transfer of the products or materials to general licensees, or persons exempt from licensing, medical use product distributors to specific licensees, and those requesting a certificate of registration for a sealed source and/or device. It also prescribes requirements governing holders of the specific licenses. Some of the requirements are for information which must be submitted in an application for a certificate of registration for a sealed source and/or device, records which must be kept, reports which must be submitted, and information which must be forwarded to general licensees and persons exempt from licensing. As mentioned, 10 CFR Part 32 also prescribes requirements for the issuance of certificates of registration (concerning radiation safety information about a product) to manufacturers or initial transferors of sealed sources and devices. Submission or retention of the information is mandatory for persons subject to the 10 CFR Part 32 requirements. The information is used by the NRC to make licensing and other regulatory determinations concerning the use of radioactive byproduct material in products and devices. Submit, by January 22, 2013, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2012-0230. You may submit your comments by any of the following methods: Electronic comments: Go to: https://www.regulations.gov and search for Docket No. NRC-2012-0230. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The Committee is proposing to add a service to the Procurement List that will be provided by the nonprofit agency employing persons who are blind or have other severe disabilities. Comments Must be Received on or Before: 12/21/2012.

A meeting involving members of the Industry Advisory Board (IAB) to the International Energy Agency (IEA) in connection with the IEA's Emergency Disruption Simulation Exercise (ERE6) will be held on November 26-28, 2012, at the headquarters of the IEA, 9, rue de la F[eacute]d[eacute]ration 75015 Paris, France, and in the UIC Building, 16 rue Jean Rey, 75015 Paris, France. The purpose of this notice is to permit participation in ERE6 by U.S. company members of the IAB.