April 26, 2013 – Federal Register Recent Federal Regulation Documents

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of a start-up exclusive patent license to practice the inventions embodied in U.S. Provisional Patent Application No. 60/026,816, entitled ``O\2\-Aryl Substituted Diazeniumdiolates'', filed September 27, 1996, now abandoned (HHS Ref. No. E-093-1996/0-US-01); U.S. Provisional Patent Application No. 60/045,917, entitled ``O\2\-Aryl Substituted Diazeniumdiolates and Use Thereof'', filed May 7, 1997, now abandoned (HHS Ref. No. E-093-1996/1-US-01); U.S. Provisional Patent Application No. 60/051,696, entitled ``O\2\-Glycosylated 1-Substituted Diazen-l- IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1- YL] Diazen-1-IUM-l,2-Diolates'', filed July 3, 1997, now abandoned (HHS Ref. No. E-093-1996/2-US-01); PCT Patent Application No. PCT/US1997/ 017267, entitled ``O\2\-Arylated or O\2\-Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2-Diolates'', filed September 26, 1997, now abandoned (HHS Ref. No. E-093-1996/3-PCT-01); European Patent No. 0929538, entitled ``O\2\-Arylated or O\2\-Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2-Diolates'', issued on November 24, 2004 [HHS Ref. No. E-093-1996/3-EP-02], which is validated in Great Britain [E-093-1996/3-GB-09], Germany [E-093-1996/3-DE-10], France [E- 093-1996/3-FR-11], Ireland [E-093-1996/3-IE-12], Italy [E-093-1996/3- IT-13], Switzerland [E-093-1996/3-CH-14] and Belgium [E-093-1996/3-BE- 15]; Australian Patent No. 733590, entitled ``O\2\-Arylated or O\2\- Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\- Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2- Diolates'', issued on August 30, 2001 [HHS Ref. No. E-093-1996/3-AU- 03]; Canadian Patent No. 2266908, ``O\2\-Arylated or O\2\-Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\-Substituted 1-[(2- Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2-Diolates,'' issued on July 20, 2010 [HHS Ref. No. E-093-1996/3-CA-04]; Japanese Patent No. 4285775, ``O\2\-Arylated or O\2\-Glycosylated 1-Substituted Diazen-l- IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1- YL] Diazen-1-IUM-l,2-Diolates,'' issued on April 3, 1999 [HHS Ref. No. E-093-1996/3-JP-05]; U.S. Patent No. 6,610,660, entitled ``O\2\- Arylated or O\2\-Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM- l,2-Diolates,'' issued on August 26, 2003 [HHS Ref. No. E-093-1996/3- US-06]; U.S. Patent No. 6,911,433, entitled ``O\2\-Glycosylated 1- Substituted Diazen-l-IUM-1,2-Diolates,'' issued on June 28, 2005 [HHS Ref. No. E-093-1996/3-US-07]; European Patent Application No. 04009529.1, entitled ``O\2\-Arylated or O\2\-Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates and O\2\-Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2-Diolates,'' filed on April 22, 2004 [E-093-1996/3-EP-08]; U.S. Patent No. 7,081,524, entitled ``O\2\- Substituted 1-[(2-Carboxylato)Pyrrolidin-1-YL] Diazen-1-IUM-l,2- Diolates,'' issued on July 25, 2006 [HHS Ref. No. E-093-1996/3-US-16]; Japanese Patent No. 5015903, entitled ``O\2\-Substituted 1-[(2- Carboxylato)Pyrrolidin-1-YL] Diazen-1-IUM-l,2-Diolates and Compositions Thereof,'' issued on June 15, 2012 [HHS Ref. No. E-093-1996/3-JP-17]; Canadian Patent Application No. 2,705,474, entitled ``O\2\-Glycosylated 1-Substituted Diazen-1-IUM-l,2-Diolates,'' filed on May 28, 2010 [E- 093-1996/3-CA-18]; and European Patent Application No. 10010885.1, entitled ``O\2\-Substituted 1-[(2-Carboxylato)Pyrrolidin-1-YL] Diazen- 1-IUM-l,2-Diolates,'' filed on September 24, 2012 [E-093-1996/3-EP-19], developed by Dr. Larry K. Keefer, Dr. Joseph E. Saavedra, et al. The prospective exclusive license territory may be ``worldwide'', and the field of use may be limited to: ``use of O\2\-Arylated, O\2\- Glycosylated 1-Substituted Diazen-l-IUM-1,2-Diolates, and O\2\- Substituted 1-[(2-Carboxylato) Pyrrolidin-1-YL] Diazen-1-IUM-l,2- Diolates for cancer treatment and prevention in humans.'' to JSK Therapeutics, Inc. (``JSKT''), a company incorporated under the laws of the State of Delaware having an office in at least Salt Lake City, Utah, U.S.A. The patent rights in these inventions have been assigned to the United States of America.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Service's intention to request an extension for a currently approved information collection in support of the program for ``Section 515 Multi-Family Housing Preservation and Revitalization Restructuring Demonstration Program (MPR) for Fiscal Year 2006.''

As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.

This notice announces the availability of funding and requests proposals for the Department of Transportation's National Infrastructure Investments. This notice is addressed to organizations that are interested in applying and provides guidance on selection criteria and application requirements for the National Infrastructure Investments. Title VIII of The Further Continuing Appropriations Act, 2013 (Division F of the Consolidated and Further Continuing Appropriations Act, 2013, Public Law 113-6, March 26, 2013) (``FY 2013 Appropriations Act'') appropriated $473.847 million to be awarded by the Department of Transportation (``DOT'') for National Infrastructure Investments. DOT will continue to refer to the program as ``TIGER Discretionary Grants,'' as this is the title with which most stakeholders are familiar. As with previous rounds of TIGER, funds for the FY 2013 TIGER program are to be awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area or a region. Through this notice, DOT is soliciting applications for TIGER Discretionary Grants. In the event that this solicitation does not result in the award and obligation of all available funds, DOT may decide to publish an additional solicitation(s) or provide additional funds to selected projects.

The Susquehanna River Basin Commission will hold a public hearing on May 23, 2013, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. Such projects are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for June 20, 2013, which will be noticed separately. The Commission will also hear testimony on amending its Regulatory Program Fee Schedule. The public should take note that this public hearing will be the only opportunity to offer oral comment to the Commission for the listed projects and other items. The deadline for the submission of written comments is June 3, 2013.

This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes a product and service from the Procurement List previously furnished by such agencies.

The National Highway Traffic Safety Administration (NHTSA) is concerned about the effects of distraction on motor vehicle safety due to drivers' use of electronic devices. Consequently, NHTSA is issuing nonbinding, voluntary Driver Distraction Guidelines (NHTSA Guidelines) to promote safety by discouraging the introduction of excessively distracting devices in vehicles. This notice announces the issuance of the final version of the first phase of the NHTSA Guidelines. This first phase applies to original equipment (OE) in-vehicle electronic devices used by the driver to perform secondary tasks (communications, entertainment, information gathering, navigation tasks, etc. are considered secondary tasks) through visual-manual means (i.e., the driver looks at a device, manipulates a device-related control with his or her hand, and/or watches for visual feedback). The NHTSA Guidelines list certain secondary tasks believed by the agency to interfere inherently with a driver's ability to safely control the vehicle. The NHTSA Guidelines recommend that in-vehicle devices be designed so that they cannot be used by the driver to perform these inherently distracting secondary tasks while driving. For all other visual-manual secondary tasks, the NHTSA Guidelines specify a test method for measuring eye glance behavior during those tasks. Eye glance metrics are compared to acceptance criteria to evaluate whether a task interferes too much with driver attention, rendering it unsuitable for a driver to perform while driving. If a task does not meet the acceptance criteria, the NHTSA Guidelines recommend that the task be made inaccessible for performance by the driver while driving. In addition, the NHTSA Guidelines contain several recommendations to limit and reduce the potential for distraction associated with the use of OE in-vehicle electronic devices.

We, the U.S. Fish and Wildlife Service (USFWS), invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.

Background. Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve 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.

The United States Mint is announcing the price of the 2013 American Eagle West Point Two-Coin Silver Set. The coin set will be offered for sale at a price of $139.95.

Notice is hereby given that ConocoPhillips Company (COP) has withdrawn its application for an Incidental Harassment Authorization (IHA). The following action is related to a proposed IHA to COP for the take of small numbers of marine mammals, by Level B harassment, incidental to conducting offshore exploration drilling on Outer Continental Shelf (OCS) leases in the Chukchi Sea, Alaska, during the 2014 open-water season.

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) (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. In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comments concerning the currently approved Minimum Security Devices and Procedures, Reports of Suspicious Activities, and Bank Secrecy Act Compliance Program information collection. The Minimum Security Devices and Procedures and Bank Secrecy Act Compliance Program portion of the information collection is being extended without change. The OCC is proposing to extend, with revision, the interagency suspicious activity report (SAR-DI) portion of the collection and is inviting comments on this revision. As the Bank Secrecy Act (BSA) administrator, the Financial Crimes Enforcement Network (FinCEN) in the U.S. Department of Treasury is changing from a system originally designed for collecting industry- specific paper forms to a modernized information technology environment centered on electronic reporting. Based on financial institution type, depository institutions, broker-dealers in securities, futures commission merchants and introducing brokers in commodities, insurance companies, mutual funds, money services businesses, and casinos file reports on four separate forms. FinCEN's new approach is to have one electronically filed interactive BSA SAR that will be used by all filing institutions to report suspicious activity as of April 1, 2013. There are no proposed changes to the suspicious activity report regulation. National banks and federal savings associations supervised by the OCC will continue to follow the regulation, interagency guidance, and filing instructions to determine when a report should be filed and what information should be included in the report. The interactive BSA SAR has several new data fields and introduces data fields from the SARs of other industries. On March 29, 2012, FinCEN released guidance titled, ``Filing FinCEN's New Currency Transaction Report and Suspicious Activity Report'' (FIN-2012-G002). The guidance notes that FinCEN is making available additional and more specific data elements (that is, characterizations of suspicious activity and types of financial services) as a more efficient way to bring information about suspicious activity to the attention of FinCEN and law enforcement. The guidance clarified the addition of new and expanded data elements does not create an expectation that financial institutions will revise internal programs, or develop new programs, to capture information that reflects the expanded data elements. Data elements designated as ``critical fields (questions for which an answer must be provided) in the BSA SAR are identified by the asterisk preceding the data element number. The OCC is also announcing that the proposed collection of information has been submitted to OMB for review and clearance under the Paperwork Reduction Act of 1995.

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning a continuing information collection titled, ``Survey of Minority Owned Institutions.''

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. Under the Paperwork Reduction Act of 1995 (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. In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning renewal of its information collection titled, ``Consumer Protections for Depository Institution Sales of Insurance.'' The OCC is also giving notice that it has sent the collection to OMB for review.

This final rule adopts without change an interim rule with request for comments published in the Federal Register on January 13, 2012. The interim rule amended regulations of the Executive Office for Immigration Review (EOIR) at the Department of Justice (Department) by removing unnecessary provisions in its regulations that are the responsibility of the Department of Homeland Security (DHS). This rule also transferred certain provisions to another CFR part. Finally, the interim rule made revisions to reference applicable DHS regulations and to make technical and clarifying amendments to regulations in that part.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Steel Bridge across the Willamette River, mile 12.1, at Portland, Oregon. This deviation is necessary to accommodate the Rose Festival Rock N Roll Half Marathon. This deviation allows the upper deck of the Steel Bridge to remain in the closed position to facilitate safe movement of event participants.

The Department of the Treasury, 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)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2012-25, Average Area Purchase Price Safe Harbors and Nationwide Purchase Prices under section 143.

The Department of the Treasury, 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)). Currently, the IRS is soliciting comments concerning Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).

The Department of the Treasury, 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)). Currently, the IRS is soliciting comments concerning Form 8612, Return of Excise Tax on Undistributed Income of Real Estate Investment Trusts.

The U.S. Army Pacific (USARPAC) and U.S. Army Garrison, Hawai`i, (USAG-HI) propose to construct and operate a modern Infantry Platoon Battle Course (IPBC) and associated infrastructure that is compliant with current Army training requirements at P[omacr]hakuloa Training Area (PTA), Hawai`i. The proposed IPBC would support the live- fire collective training needs of the Army, Army Reserve, and Hawai`i Army National Guard, as well as other Service components that are stationed or train in Hawai`i. Two alternatives were analyzed in the EIS: the Western Range Area Alternative (preferred) and the Charlie Circle Alternative. Both proposed IPBC alternative locations are in under-utilized portions of the PTA impact area where no ranges currently exist. These locations have been exposed to indirect munitions fire, and the proposed action would reclaim portions of the impact area to construct the IPBC. A third alternative analyzed in the Draft Programmatic Environmental Impact Statement (PEIS), Southwest of Range 20, is not operationally feasible and has been eliminated from the Final EIS. The Army also considered a No Action Alternative to not build the IPBC. For all alternatives (except for the No Action), the IPBC would be used for 242 training days per year. The Army identified and analyzed environmental and socioeconomic impacts associated with the proposed IPBC. The major potential environmental impacts are to air quality, cultural sites, threatened and endangered species, encountering munitions and explosives of concern, and igniting wildfires. Cultural resources could also be significantly impacted. The Army consulted with the USFWS on potential mitigation measures to protect federally-listed species. The USFWS issued a Biological Opinion (BO) pursuant to Section 7 of the Endangered Species Act on January 11, 2013. The Army also consulted with the State Historic Preservation Division, Advisory Council on Historic Preservation, and other consulting parties, including Native Hawaiian organizations, about potential effects on cultural resources and mitigation of those effects. The Army and the consulting parties are in the process of signing a Programmatic Agreement (PA) pursuant to Section 106 of the National Historic Preservation Act. The PA establishes how the remaining steps to the Section 106 consultation will be completed and the mitigation measures for the potential adverse effects on cultural resources. The PA will be signed prior to the Army issuing a Record of Decision for the proposed action.