December 28, 2012 – Federal Register Recent Federal Regulation Documents
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Prime Hook National Wildlife Refuge, Sussex County, DE; Final Comprehensive Conservation Plan and Environmental Impact Statement
We, the U.S. Fish and Wildlife Service (Service), announce the availability for review of our final comprehensive conservation plan (CCP) and environmental impact statement (EIS) for Prime Hook National Wildlife Refuge (NWR). The CCP/EIS describes how we propose to manage the refuge for the next 15 years.
Osage Negotiated Rulemaking Committee
In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, the U.S. Department of the Interior, Bureau of Indian Affairs, Osage Negotiated Rulemaking Committee will meet as indicated below.
Opening of Boquillas Border Crossing and Update to the Class B Port of Entry Description
This rule establishes a border crossing in Big Bend National Park called Boquillas and designates it as a Customs station for customs purposes and a Class B port of entry (POE) for immigration purposes. The Boquillas crossing will be situated between Presidio and Del Rio, Texas. U.S. Customs and Border Protection (CBP) and the National Park Service (NPS) are partnering on the construction of a joint use facility in Big Bend National Park where the border crossing will operate. This rule also updates the description of a Class B port of entry to reflect current border crossing documentation requirements.
New Jersey Disaster Number NJ-00033
This is an amendment of the Presidential declaration of a major disaster for the State of New Jersey (FEMA-4086-DR), dated 10/30/ 2012. Incident: Hurricane Sandy. Incident Period: 10/26/2012 through 11/08/2012. Effective Date: 12/18/2012. Physical Loan Application Deadline Date: 01/30/2013. EIDL Loan Application Deadline Date: 07/31/2013.
Alaska Disaster #AK-00025
This is a notice of an Administrative declaration of a disaster for the State of Alaska dated 12/18/2012. Incident: High Winds and Flooding. Incident Period: 09/15/2012 through 09/30/2012. Effective Date: 12/18/2012. Physical Loan Application Deadline Date: 02/18/2013. Economic Injury (EIDL) Loan Application Deadline Date: 09/18/2013.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. David Olsen (St. Thomas Fisherman's Association). If granted, the EFP would authorize contracted commercial fishermen to temporarily possess undersized and berried Caribbean spiny lobster for non-lethal sampling (tagging) during the course of their normal fishing activities. This non-lethal sampling would include implanting a tag on each spiny lobster before releasing the lobster with minimal harm. Data will be collected and analyzed to determine spiny lobster growth and movement patterns, and an attempt will be made to estimate the spiny lobster population size in the U.S. Virgin Islands. Currently, data on U.S. Caribbean spiny lobster life history are limited, particularly growth rates and abundance patterns. Additional life history information would provide the Caribbean Fishery Management Council (Council) and NMFS valuable data that may be used for future management of spiny lobster. The EFP would also seek to temporarily retain a sample number of spiny lobsters at a designated facility for a study to assess tag mortality and retention.
Request for Proposal Platform Pilot
The Small Business Administration (SBA) is announcing a pilot where federal agencies will test a new request for proposal (RFP) platform (RFP-EZ) to streamline the process through which the government buys web design and related technology services from small businesses for acquisitions valued at or below the simplified acquisition threshold (SAT). RFP-EZ is one of five projects sponsored by the Office of Science and Technology Policy's Presidential Innovation Fellows Program, which leverages the ingenuity of leading problem solvers from across America together with federal innovators to tackle projects that aim to fuel job creation, save taxpayers money, and significantly improve how the federal government serves the American people. Under the RFP-EZ pilot, which will initially run from December 28, 2012 through May 1, 2013, agencies will identify individual procurements valued at or below the simplified acquisition threshold that can be set aside for small businesses to test a suite of functional tools for: (1) Simplifying the development of statements of work, (2) improving agency access to information about small businesses, (3) enabling small businesses to submit quotes, bids or proposals (collectively referred to as proposals) electronically in response to a solicitation posted on Federal Business Opportunities (FedBizOpps); (4) enhancing efficiencies for evaluating proposals, and (5) improving how information (including prices paid by federal agencies) is captured and stored. The pilot will be conducted in accordance with existing laws and regulations. Interested parties are encouraged to review and comment on the functionality of RFP-EZ, as described at www.sba.gov/rfpez and highlighted in this notice. Responses to this notice will be considered for possible refinements to the RFP-EZ platform during the pilot and as part of the evaluation of the benefits and costs of making RFP-EZ a permanent platform fully integrated with FedBizOpps, the System for Award Management and agency contract writing systems.
New York Disaster Number NY-00131
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA4085DR), dated 11/03/2012. Incident: Hurricane Sandy. Incident Period: 10/27/2012 through 11/08/2012, Effective Date: 12/18/2012. Physical Loan Application Deadline Date: 01/02/2013. Economic Injury (EIDL) Loan Application Deadline Date: 08/05/2013.
Changes in Flood Hazard Determinations
New or modified Base (1% annual-chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or the regulatory floodway (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.
Opportunity for Designation in Muncie, IN; Fremont, NE; Annapolis, MD; and Lafayette, IN Areas; Request for Comments on the Official Agencies Servicing These Areas
The designations of the official agencies listed below will end on June 30, 2013. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by the following designated agencies: East Indiana Grain Inspection, Inc. (East Indiana); Fremont Grain Inspection Department, Inc. (Fremont); Maryland Department of Agriculture (Maryland); and Titus Grain Inspection, Inc. (Titus).
Opportunity for Designation in Amarillo, TX; Cairo, IL; Baton Rouge, LA; Raleigh, NC; and Belmond, IA Areas; Request for Comments on the Official Agencies Servicing These Areas
The designations of the official agencies listed below will end on September 30, 2013. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by the following designated agencies: Amarillo Grain Exchange, Inc. (Amarillo); Cairo Grain Inspection Agency, Inc. (Cairo); Louisiana Department of Agriculture and Forestry (Louisiana); North Carolina Department of Agriculture (North Carolina); and D.R. Schaal Agency, Inc. (Schaal).
Amended Geographical Territory for Champaign-Danville Grain Inspection Departments, Inc.; Amended Opportunity for Designation in Champaign-Danville, IL Area; Request for Comments on the Official Agency Servicing This Area
Champaign-Danville Grain Inspection Department, Inc.'s (Champaign) geographical territory is amended to include the area previously designated to Springfield Grain Inspection, Inc. (Springfield). Champaign purchased Springfield effective October 4, 2012 and met the requirements specified in 7 CFR 800.196(f)(2). In view of this, we are providing an additional opportunity to apply for designation for Champaign's amended geographical territory. The designation of Champaign will end on March 31, 2013. We are asking persons or government agencies interested in providing official services in the areas presently served by this agency to submit an application for designation. In addition, we are providing an additional opportunity for comments on the quality of services provided by Champaign.
Determination Concerning a Petition to Add a Class of Employees to the Special Exposure Cohort
HHS gives notice of a determination concerning a petition to add a class of employees from the Weldon Spring Plant in Weldon Spring, Missouri, to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. Sec. 7384q. On December 7, 2012, the Secretary of HHS determined that the following class of employees does not meet the statutory criteria for addition to the SEC as authorized under EEOICPA:
Clean Air Act Operating Permit Program: Order Responding to Petition for Objection to State Operating Permit for U.S. Steel-Granite City Works, Granite City, Illinois
This document announces that the EPA Administrator has partially granted and partially denied a petition from the Interdisciplinary Environmental Clinic at the Washington University School of Law, submitted to EPA on behalf of the American Bottom Conservancy (Petitioner). The Petitioner objected to the operating permit issued by the Illinois Environmental Protection Agency (IEPA) for the U.S. SteelGranite City Works (USGW) facility, located in Granite City, Illinois. Sections 307(b) and 505(b)(2) of the Act provide that a petitioner may ask for judicial review of those portions of the petition which EPA denies in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.
National Environmental Justice Advisory Council; Notification of Public Teleconference Meeting and Public Comment
Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Wednesday, January 23, 2013, from 2:00 p.m. to 4:15 p.m. Eastern Time. The primary topic of discussion will be promoting community resiliency in EJ industrial waterfront areas. There will be a public comment period from 3:15 p.m. to 3:45 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to the topic of the meeting. For additional information about registering to attend the meeting or to provide public comment, please see the ``REGISTRATION'' and SUPPLEMENTARY INFORMATION sections below. Due to a limited number of telephone lines, attendance will be on a first-come, first served basis. Pre-registration is required. Registration for the teleconference meeting closes at 12:00 noon Eastern Time on Friday, January 11, 2013. The deadline to sign up to speak during the public comment period, or to submit written public comments, is also Friday, January 11, 2013.
Procedure Relating to Rulemaking
The Bureau of Consumer Financial Protection (Bureau) is adopting a procedural rule (Final Rule) that specifies how the Bureau issues rules and when rules are considered issued.
Designation for the West Sacramento, CA; Frankfort, IN; and Richmond, VA Areas.
GIPSA is announcing the designation of California Agri Inspection Company, Ltd. (Cal-Agri); Frankfort Grain Inspection, Inc. (Frankfort); and Virginia Department of Agriculture and Consumer Services (Virginia) to provide official services under the United States Grain Standards Act (USGSA), as amended.
Renewal of Agency Information Collection for Electric Service Data for the Operation of Power Projects and Systems
In compliance with the Paperwork Reduction Act of 1995, the Acting Assistant SecretaryIndian Affairs is submitting to the Office of Management and Budget (OMB) a request for renewal of the collection of information for Electrical Service Application, 25 CFR 175, authorized by OMB Control Number 1076-0021. This information collection expires December 31, 2012.
Renewal of Agency Information Collection for Water Delivery for the Operation of Irrigation Projects
In compliance with the Paperwork Reduction Act of 1995, the Acting Assistant SecretaryIndian Affairs is submitting to the Office of Management and Budget (OMB) a request for renewal of the collection of information for Water Request, 25 CFR 171, authorized by OMB Control Number 1076-0141. This information collection expires December 31, 2012.
Proposed Flood Hazard Determinations
Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.
Privately Owned Vehicle Mileage Reimbursement Rates
The General Services Administration's annual privately owned vehicle (POV) mileage reimbursement rate reviews have resulted in new CY 2013 rates for the use of privately owned automobiles (POA), POAs when Government owned automobiles (GOA) are authorized, privately owned motorcycles, and privately owned airplanes for official purposes. FTR Bulletin 13-02 establishes the new CY 2013 mileage reimbursement rates ($0.565 for POAs, $0.24 for POAs when a GOA is authorized, $0.535 for privately owned motorcycles, and $1.33 for privately owned airplanes) pursuant to the process discussed below. This notice of subject bulletin is the only notification of revisions to the POV rates to agencies other than the changes posted on the GSA Web site. GSA determines these rates by reviewing the annual standard automobile study contracted for by the Internal Revenue Service, as well as conducting independent automobile, motorcycle, and aircraft studies that evaluate various factors, such as the cost of fuel, the depreciation of the original vehicles costs, maintenance and insurance, and or by applying consumer price index data.
Changes in Flood Hazard Determinations
New or modified Base (1% annual-chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or the regulatory floodway (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.
Massachusetts Disaster # MA-00051
This is a notice of an Administrative declaration of a disaster for the Commonwealth of Massachusetts dated 12/12/2012. Incident: Leominster Commercial and Residential Complex Fire. Incident Period: 11/24/2012. Effective Date: 12/12/2012. Physical Loan Application Deadline Date: 02/11/2013. Economic Injury (EIDL) Loan Application Deadline Date: 09/12/2013.
Massachusetts Disaster # MA-00052
This is a notice of an Administrative declaration of a disaster for the Commonwealth of Massachusetts dated 12/11/2012. Incident: Natural Gas Explosion. Incident Period: 11/23/2012. Effective Date: 12/11/2012. Physical Loan Application Deadline Date: 02/11/2013. Economic Injury (EIDL) Loan Application Deadline Date: 09/11/2013.
Changes in Flood Hazard Determinations
New or modified Base (1% annual-chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or the regulatory floodway (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.
Maryland Disaster #MD-00024
This is a Notice of the Presidential declaration of a major disaster for the State of Maryland (FEMA-4091-DR), dated 12/14/2012. Incident: Hurricane Sandy. Incident Period: 10/26/2012 through 11/04/2012. Effective Date: 12/14/2012. Physical Loan Application Deadline Date: 02/12/2013. Economic Injury (EIDL) Loan Application Deadline Date: 09/16/2013.
Designation of a Class of Employees for Addition to the Special Exposure Cohort
HHS gives notice of a decision to designate a class of employees from the Los Alamos National Laboratory (LANL) in Los Alamos, New Mexico, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On December 7, 2012, the Secretary of HHS designated the following class of employees as an addition to the SEC:
Designation of a Class of Employees for Addition to the Special Exposure Cohort
HHS gives notice of a decision to designate a class of employees from the Mound Plant in Miamisburg, Ohio, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On December 7, 2012, the Secretary of HHS designated the following class of employees as an addition to the SEC:
Oregon Disaster #OR-00045 Declaration of Economic Injury
This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of Oregon, dated 12/12/2012. Incident: Pole Creek Wildfire. Incident Period: 09/04/2012 through 10/20/2012. Effective Date: 12/12/2012. EIDL Loan Application Deadline Date: 09/12/2013.
Connecticut Disaster Number CT-00028
This is an amendment of the Presidential declaration of a major disaster for the State of Connecticut (FEMA-4087-DR), dated 10/ 30/2012. Incident: Hurricane Sandy. Incident Period: 10/27/2012 through 11/08/2012. Effective Date: 12/17/2012. Physical Loan Application Deadline Date: 01/28/2013. EIDL Loan Application Deadline Date: 07/31/2013.
Maryland Disaster Number MD-00025
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maryland (FEMA-4091-DR), dated 11/20/2012. Incident: Hurricane Sandy. Incident Period: 10/26/2012 through 11/04/2012. Effective Date: 12/17/2012. Physical Loan Application Deadline Date: 01/21/2013. Economic Injury (EIDL) Loan Application Deadline Date: 08/20/2013.
Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Milwaukee-Racine Nonattainment Area; Determination of Attainment for the 2006 24-Hour Fine Particle Standard
On April 24, 2012, EPA proposed to determine that the Milwaukee-Racine, Wisconsin area had attained the 2006 24-hour fine particle (2006 PM2.5) National Ambient Air Quality Standard (NAAQS). EPA received several comments on the original proposal, including one suggesting that the suspension of certain Clean Air Act (CAA) requirements cannot be applied in this instance because it only pertains to the 1997 PM2.5 NAAQS and not to the 2006 PM2.5 NAAQS. As a result, we are reproposing a narrow portion of our original determination to address this issue. We will address all comments received on the original proposal and this proposal in our final notice.
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Limitation on Claims against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for the Dulles Corridor Metrorail Project, Phase 2 Preliminary Engineering Design Refinements, Fairfax and Loudoun Counties, VA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge these final environmental actions.
Findings of Research Misconduct
Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Shuang-Qing Zhang, Ph.D., Texas Tech University Health Sciences Center: Based on the report of an investigation conducted by the Texas Tech University Health Sciences Center (TTUHSC) and additional analysis conducted by ORI in its oversight review, ORI found that Dr. Shuang- Qing Zhang, former Postdoctoral Researcher, Department of Pharmaceutical Sciences, TTUHSC, engaged in research misconduct in research supported by National Institute of General Medical Sciences (NIGMS), National Institutes of Health (NIH), grant R01 GM069869. ORI found that Respondent engaged in research misconduct by the falsification and fabrication of plagiarized data that were included in the publication: Zhang, S.Q. & Mehavr, R. ``Determination of dextra- methylprednisolone conjugate with glycine linker in rat plasma and liver by high-performance liquid chromatography and its application in pharmacokinetics.'' Biomed. Chromatogr. 24(4):351-357, 2010 (hereafter the ``BC 2010 article''). Specifically, ORI found that the Respondent: Falsified Figures 2(c) and 3(c) of the BC 2010 article by misrepresenting HPLC data that he had plagiarized, originally generated prior to the Respondent's arrival in the laboratory by a former postdoctoral researcher; in Figure 2(c), the Respondent claimed that the HPLC chromatogram was of a ``plasma sample obtained 12 h after intravenous injection of DMP to rats at a single dose of 5 mg/kg,'' while the actual chromatogram was of a calibration test of 1 [mu]g/ml of DMP added to rat plasma, and similarly in Figure 3(c), the Respondent claimed that the HPLC chromatogram was of a ``liver homogenate obtained 3 h after intravenous dose of DMP at a dose of 5 mg/kg,'' while the actual chromatogram was of a calibration test of 2 [mu]g/ml DMP added to rat liver homogenate. Falsified and fabricated Figure 4 of the BC 2010 article; in the top panel, the Respondent reported the measurement of DMP concentrations in plasma samples of three rats after a single injection of 5 mg/kg DMP while the actual data that he had plagiarized, originally generated prior to the Respondent's arrival in the laboratory by a former postdoctoral researcher, was from a single rat. In the bottom panel, the Respondent reported the measurement of DMP concentrations in liver samples obtained from three rats at 1, 30, 90, 180, 300, and 720 minutes after a single injection of 5 mg/kg DMP, requiring a total of 18 rats, while the actual data that he had plagiarized, originally generated prior to the Respondent's arrival in the laboratory by a former postdoctoral researcher, was from plasma samples from a single rat, and the error bars for both panels were fabricated. Dr. Zhang has entered into a Voluntary Settlement Agreement and has voluntarily agreed: (1) To have his research supervised for a period of three (3) years; Respondent voluntarily agrees that within sixty (60) days of the effective date of the Agreement, any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or that uses the Respondent in any capacity on PHS supported research, or that submits a report of PHS-funded research in which the Respondent is involved, must concurrently submit a plan for supervision of the Respondent's research to ORI for approval; Respondent agrees that he will not participate in any PHS-supported research after sixty (60) days from the effective date of the Agreement until an appropriate supervision plan is submitted to ORI; the supervision plan must be designed to ensure the scientific integrity of the Respondent's research contribution; and (2) to exclude himself voluntarily from serving in any advisory capacity to PHS including, but not limited to, service on any PHS advisory committee, board, and/or peer review committee, or as a consultant for a period of three (3) years, beginning on December 4, 2012.
Designation of a Class of Employees for Addition to the Special Exposure Cohort
HHS gives notice of a decision to designate a class of employees from the Oak Ridge National Laboratory (X-10) in Oak Ridge, Tennessee, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On December 7, 2012, the Secretary of HHS designated the following class of employees as an addition to the SEC:
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