2012 – Federal Register Recent Federal Regulation Documents

On April 13, 2012, (77 FR 22387) in accordance with the Paperwork Reduction Act of 1995, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register of its intent to make several minor revisions to the ``Accident ReportHazardous Liquid Pipeline Systems'' and the ``Incident ReportNatural and Other Gas Transmission and Gathering Pipeline Systems.'' In addition, PHMSA proposed a number of revisions to the ``Annual Report for Gas Transmission and Gathering Systems.'' PHMSA received 12 comments in response to that notice. PHMSA is publishing this notice to respond to the comments, provide the public with an additional 30 days to comment on the proposed revisions to the forms and the instructions, and announce that the revised Information Collections will be submitted to the Office of Management and Budget (OMB) for approval.

The Census Bureau announces a prize competition under Section 105 of the America COMPETES Reauthorization Act of 2011, Public Law 111-358 (2011) to create a statistical model to predict the census mail return rate of small area geographic units based on their demographic characteristics. The SUPPLEMENTARY INFORMATION section of this notice provides more detailed information about the competition.

The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) administers the AbilityOne[supreg] Program pursuant to the authority of the Javits-Wagner-O'Day (JWOD) Act. The Committee is substituting the term ``disabled'' for ``handicapped'' in a term defined in its regulation. Additionally, the Committee has deliberated and unanimously voted to approve the use of ``severely'' disabled and ``significantly'' disabled as interchangeable or synonymous terms when referring to people who are severely disabled within the AbilityOne Program. The Committee's approval to use ``severely'' and significantly'' as interchangeable or synonymous terms within the AbilityOne Program specifically does not make any change to the definition of ``severely disabled individual'' in the JWOD Act or expand the population of individuals served within the AbilityOne Program.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 17, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Motorola Mobility LLC of Libertyville, Illinois; Motorola Mobility Ireland of Bermuda; and Motorola Mobility International Limited of Bermuda. A letter supplementing the complaint was filed on September 6, 2012. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless communication devices, portable music and data processing devices, computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,883,580 (``the '580 patent''); U.S. Patent No. 5,922,047 (``the '047 patent''); U.S. Patent No. 6,425,002 (``the '002 patent''); U.S. Patent No. 6,493,673 (``the '673 patent''); U.S. Patent No. 6,983,370 (``the '370 patent''); U.S. Patent No. 7,007,064 (``the '064 patent''); and U.S. Patent No. 7,383,983 (``the '983 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 17, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BriarTek IP, Inc. of Alexandria, Virginia. A supplement to the complaint was filed on September 6, 2012. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain two-way global satellite communication devices, system and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,991,380 (``the `380 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

This notice announces a meeting of the Electricity Advisory Committee (EAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

DOE announces the availability of the Draft Environmental Impact Statement for the W.A. Parish Post-Combustion Carbon Dioxide (CO2) Capture and Sequestration Project (DOE/EIS-0473D) for public review and comment, as well as the dates, locations, and times for two public hearings. The draft environmental impact statement (EIS) analyzes the potential environmental impacts of a project proposed by NRG Energy, Inc. (NRG), which was selected by DOE to receive financial assistance under the Clean Coal Power Initiative (CCPI) program. DOE's proposed action is to provide cost-shared funding to NRG under the CCPI. DOE proposes to provide NRG with up to $167 million of the overall project cost to support the construction and operation of NRG's W.A. Parish Post-Combustion CO2 Capture and Sequestration Project (Parish PCCS Project). NRG's proposed project would demonstrate the commercial feasibility of a retrofit, commercial-scale CO2 capture and compression system, coupled with use of the captured CO2 for enhanced oil recovery (EOR) and ultimate sequestration. NRG would design and construct a system that would capture at least 90 percent of the CO2 in an up to 250- megawatt equivalent (MWe) flue gas slipstream of the combustion exhaust gases from the existing 650-megawatt (MW) coal fired Unit 8 at NRG's W.A. Parish Plant in Fort Bend County, Texas. The captured CO2 (up to 5,475 tons per day) would be transported approximately 80 miles in a new pipeline to be constructed by NRG. The CO2 would be used for EOR and ultimately sequestered at the existing West Ranch oil field in Jackson County, Texas.

Pursuant to the Federal pipeline safety laws, and PHMSA's special permit procedures, PHMSA is publishing this notice of special permit request we have received from a pipeline operator seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. This notice seeks public comments on this request, including comments on any safety or environmental impacts. At the conclusion of the 30-day comment period, PHMSA will evaluate the request and determine whether to grant or deny a special permit.

The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2013 season. These regulations would enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that would go into effect on April 2, 2013, and expire on August 31, 2013.

The Gulf of Mexico Fishery Management Council will convene a meeting of the Standing, Special Shrimp and Special Reef Fish Scientific and Statistical Committees (SSC), including a joint session of the Standing SSC and Socioeconomic SSC, and a joint session of the Gulf Council's Standing and Special Reef Fish SSC with the South Atlantic Fishery Management Council's SSC; and a separate meeting of the Socioeconomic Scientific and Statistical Committee.

The Pacific Fishery Management Council's Salmon Technical Team (STT), Scientific and Statistical Committee (SSC) Salmon Subcommittee, and Model Evaluation Workgroup (MEW) will review proposed salmon methodology changes in a joint work session, which is open to the public.

The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for the 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 required to be submitted: 1. The title of the information collection: NRC Form 790, Classification Record. 2. Current OMB approval number: 3150-0052. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: NRC licensees, contractors, and certificate holders who classify and declassify NRC information. 5. The number of annual respondents: 1400. 6. The number of hours needed annually to complete the requirements or request: 70. 7. Abstract: Completion of the NRC Form 790 is a mandatory requirement for NRC licensees, contractors, and only certificate holder who classifies and declassifies NRC information in accordance with Executive Order 13526, ``Classified National Security Information,'' the Atomic Energy Act, and implementing directives. Submit, by November 20, 2012, 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? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD, 20852. 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-2012-0178. You may submit your comments by any of the following methods: (1) Electronic comments. Go to https://www.regulations.gov and search for Docket No. NRC-2012-0178; (2) email comments to the NRC's 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's Clearance Officer, Tremaine Donnell (T-5 F53), Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-6258; or (3) email to: INFOCOLLECTS.Resource@NRC.GOV.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: 1. Name of Committee: United States Military Academy Board of Visitors. 2. Date: Friday, October 26, 2012. 3. Time: 3:30 p.m.-5 p.m. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. All participants are subject to security screening. 4. Location: Jefferson Hall, Haig Room, West Point, NY. 5. Purpose of the Meeting: This is the 2012 Fall Meeting of the USMA Board of Visitors (BoV). Members of the Board will be provided updates on Academy issues. 6. Agenda: The Academy leadership will provide the Board updates on the following: Intercollegiate Athletics Program Update, Honor and Respect Program Update, and Academic Program Update. 7. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165 and the availability of space, this meeting is open to the public. Seating is on a first-come basis. 8. Committee's Designated Federal Officer or Point of Contact: Ms. Deadra Ghostlaw, (845) 938-4200, Deadra.Ghostlaw@us.army.mil.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Ocean Isle Beach to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the west side of Shallotte Inlet (not a federally maintained navigational channel) and the nourishment of the oceanfront shoreline along the eastern end of Ocean Isle Beach.

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

We, the Fish and Wildlife Service (Service), have received an application from Lake County Department of Public Works (applicant), for an incidental take permit (ITP) TE83706A-0. The applicant requests a 5-year ITP under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low- effect screening form, which are also available for review.

The Coast Guard has issued a temporary deviation from the operating regulation that governs the Burlington Northern & Santa Fe Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA. The deviation is to allow the bridge owner to perform essential mechanical repairs on the bridge. This deviation allows the bridge to remain in the closed-to-navigation position during the event.

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: NRC Form 531, ``Request for Taxpayer Identification Number.'' 2. Current OMB approval number: 3150-0188. 3. How often the collection is required: One time from each applicant or individual to enable the Department of the Treasury to process electronic payments or collect debts owed to the Government. 4. Who is required or asked to report: All individuals doing business with the NRC, including contractors and recipients of credit, licenses, permits, and benefits. 5. The number of annual respondents: 300. 6. The number of hours needed annually to complete the requirement or request: 25 hours. 7. Abstract: The Debt Collection Improvement Act of 1996, requires that agencies collect taxpayer identification numbers (TINs) from individuals who do business with the Government, including contractors and recipients of credit, licenses, permits, and benefits. The TIN will be used to process all electronic payments (refunds) made to licensees by electronic funds transfer by the Department of the Treasury. The Department of the Treasury will use the TIN to determine whether the refund can be used to administratively offset any delinquent debts reported to the Treasury by other government agencies. In addition, the TIN will be used to collect and report to the Department of the Treasury any delinquent indebtedness arising out of the licensee's or applicant's relationship with the NRC. Submit, by November 20, 2012, 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 document, 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. 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- 2012-0190. You may submit your comments by any of the following methods: Electronic comments to: https://www.regulations.gov and search for Docket No. NRC-2012-0190. Mail comments to the NRC's 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's Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone at 301-415-6258, or by email to: INFOCOLLECTS.Resource@NRC.GOV.

The following persons have been appointed to the ONDCP Senior Executive Service Performance Review Board: Mr. Jeffery J. Teitz, Ms. Martha Gagne, Mr. Robert W. Denniston, and Ms. Michelle C. Marx.

The Corporation for National and Community Service (CNCS), submitted the following recordkeeping requirement notice to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, (PRA 95) (44 U.S.C. Chapter 35). CNCS requested that OMB review and approve its emergency request by September 27, 2012, for a period of six months. This recordkeeping requirement, located in 45 CFR 2540.205-.206, may be obtained by contacting Amy Borgstrom, (202) 606-6930 or by email at aborgstrom@cns.gov. Because CNCS requested OMB's approval of this emergency request by September 27, 2012, there will not be enough time for the public to provide comments through this Federal Register Notice before the approval date. Therefore, there will be no comment period for this request. Type of Review: Emergency request. Agency: Corporation for National and Community Service. Title: Recordkeeping Requirement. OMB Number: 3045-0047. Agency Number: None. Affected Public: CNCS Grantees and Subgrantees. Total Respondents: 112,356. Frequency: Three times per covered position. Average Time per Response: Five minutes. Estimated Total Burden Hours: 28,089 hours. Total Burden Cost (capital/startup): None. Total Burden Cost (operating/maintenance): None. Description: The Corporation for National and Community Service (CNCS) will issue the final rule implementing the Serve America Act's National Service Criminal History Check rule. In an effort to be compliant while maintaining functions essential to the operations of each CNCS grantee, we are therefore submitting the enclosed request under 5 CFR 1320.13 to OMB for emergency processing and approval of recordkeeping requirements. CNCS and its grantees must ensure that national service beneficiaries are protected from harm and the recordkeeping requirements of the final rule are critical to that responsibility. Moreover, as CNCS and OMB have previously communicated, CNCS is working hard to ensure it is fully compliant with the Paperwork Reduction Act and with OMB's information collection policies and procedures. If you have any questions, contact Amy Borgstrom at 202-606-6930 or aborgstrom@cns.gov. We sincerely thank you for your consideration of this request and your willingness to work with us in remaining fully compliant with the Paperwork Reduction Act.

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order and a cease and desist order against certain video game systems and wireless controllers and components thereof, imported by respondent Nintendo Co., Ltd., of Kyoto, Japan and Nintendo America, Inc. of Redmond, Washington (collectively, ``Nintendo'').