December 5, 2013 – Federal Register Recent Federal Regulation Documents
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Energy Efficiency and Conservation Loan Program
The Rural Utilities Service (RUS or Agency) is publishing policies and procedures for loan and guarantee financial assistance in support of energy efficiency programs (EE Programs) sponsored and implemented by electric utilities for the benefit of rural persons in their service territory. This final rule amends RUS regulations on General and Pre-Loan Policies and Procedures Common to Electric Loans and Guarantees, which were codified on December 20, 1993. The final rule also includes conforming amendments to additional RUS regulations. Under Section 2 of the Rural Electrification Act (RE Act), RUS is authorized to assist electric borrowers in implementing Demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems. The scope of this regulation falls within the authority of the Act.
Subsistence Management Program for Public Lands in Alaska; Western Interior Alaska Federal Subsistence Regional Advisory Council Meeting
This document informs the public that the Western Interior Alaska Federal Subsistence Regional Advisory Council (Council) will hold a public meeting by teleconference on December 11, 2013. The public is invited to participate and to provide oral testimony. The purpose of the Council is to provide recommendations and information to the Federal Subsistence Board, to review policies and management plans, and to provide a public forum for subsistence issues.
Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama
In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United States-Chile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America- United States Free Trade Agreement (CAFTA-DR); (iv) the United States- Peru Trade Promotion Agreement (Peru TPA); (v) the United States- Colombia Trade Promotion Agreement (Colombia TPA); and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA).
Adequacy Status of Motor Vehicle Emissions Budget in Submitted State Implementation Plan; Maricopa County PM-10 Nonattainment Area, Arizona
In this notice, EPA is notifying the public that the Agency has found that the motor vehicle emissions budget (MVEB) for particulate matter less than ten microns (PM-10) for the year 2012 in the Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area (May 2012) (``Five Percent Plan'') is adequate for transportation conformity purposes. The Five Percent Plan for PM-10 in the Maricopa County Nonattainment Area was submitted to EPA on May 25, 2012 by the Arizona Department of Environmental Quality (ADEQ) as a revision to the Arizona State Implementation Plan (SIP). As a result of our adequacy findings, the Maricopa Association of Governments (MAG) and the U.S. Department of Transportation must use the MVEB for future conformity determinations.
Next Meeting of the North American Numbering Council
In this document, the Commission released a public notice announcing the meeting and agenda of the North American Numbering Council (NANC). The intended effect of this action is to make the public aware of the NANC's next meeting and agenda.
Special Regulations; Areas of the National Park System, New River Gorge National River, Bicycling
This rule authorizes bicycle use on new and existing multi-use trails and administrative roads within the New River Gorge National River. The rule is necessary because the National Park Service general regulation for bicycle use requires publication of a special regulation when new trails are constructed outside of developed areas.
Draft Guidance for Industry on Bioequivalence Studies With Pharmacokinetic Endpoints for Drugs Submitted Under an Abbreviated New Drug Application; Availability
The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Bioequivalence Studies With Pharmacokinetic Endpoints for Drugs Submitted Under an ANDA.'' This guidance provides recommendations to applicants planning to include bioequivalence (BE) information in abbreviated new drug applications (ANDAs) and ANDA supplements. The guidance describes how to meet the BE requirements set forth in FDA regulations. The guidance is applicable to dosage forms intended for oral administration and to non-orally administered drug products in which reliance on systemic exposure measures is suitable for documenting BE. The guidance will be especially useful when planning BE studies intended to be conducted during the postapproval period for certain changes in an ANDA.
Draft Guidance for Industry on Bioequivalence Recommendations for Paliperidone Palmitate Extended-Release Injectable Suspension; Availability
The Food and Drug Administration (FDA) is announcing the availability of a revised draft guidance for industry entitled ``Bioequivalence Recommendations for Paliperidone Palmitate.'' The guidance provides specific recommendations on the design of bioequivalence (BE) studies to support abbreviated new drug applications (ANDAs) for paliperidone palmitate extended-release injectable suspension.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Over-the-Counter Drugs; Labeling Requirements
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through December 31, 2016, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its Affiliate Marketing Rule (or ``Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the provisions (subpart C) of the CFPB's Regulation V regarding other entities (``CFPB Rule''). The current clearance expires on December 31, 2013.
60-Day Notice of Proposed Information Collection: Online Application for Nonimmigrant Visa
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.
Compassionate Release
The Bureau of Prisons (Bureau) changes its regulations on compassionate release, to provide that when considering an inmate for reduction in sentence, the General Counsel will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced; and the final decision is subject to the general supervision and direction of the Attorney General and Deputy Attorney General.
Wallowa-Whitman National Forests, Oregon; Lower Imnaha Rangeland Analysis
The USDA, Forest Service will prepare an environmental impact statement to authorize the approval of grazing livestock within the lower Imnaha area, including allotments within the Lightning Creek, Tulley Creek, Cow Creek, and a portion of the Snake River watersheds of the Hells Canyon National Recreation Area of the Wallowa-Whitman National Forest. The Lower Imnaha Rangeland Analysis (LIRA) has previously been initiated through a scoping letter for environmental analysis for livestock grazing. The scoping letter was sent on August 26, 2011 to 159 individuals, organizations, and agencies which included tribal representatives, grazing permittees, state and federal resource management agencies, special interest organizations, and interested publics. As a result of scoping, a concern was brought forward regarding impacts to Silene spaldingii or Spalding's catchfly, a threatened species, which indicated the need for the LIRA to be analyzed in an environmental impact statement (EIS) instead of the environmental assessment (EA) that was indicated in the scoping letter. Since the proposed action has not changed since the scoping letter was released, a new scoping period will not be initiated. All scoping comments received during the 2011 30-day scoping period will be considered in the EIS.
Black Hills National Forest Advisory Board
The Black Hills National Forest Advisory Board (Board) will meet in Rapid City, South Dakota. The Board is established consistent with the Federal Advisory Committee Act of 1972 (5 U.S.C. App. II), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et.seq.), the National Forest Management Act of 1976 (16 U.S.C. sec. 1612), and the Federal Public Lands Recreation Enhancement Act (Pub. L. 108-447). The purpose of the Board is to provide advice and recommendations on a broad range of forest issues such as forest plan revisions or amendments and forest health, including fire and mountain pine beetle epidemics, travel management, forest monitoring and evaluation, recreation fees, and site-specific projects having forest-wide implications. The meeting is open to the public. The purpose of the meeting is to: (1) Conduct Annual Ethics Training for all members of the Advisory Board; (2) provide orientation to Board Members on Basic Laws governing the Forest Service work; (3) update and discussion with working group on Motorized Travel on trails in the Black Hills National Forest in South Dakota; and (4) update and report on Mountain Pine Beetle Working Group actions.
Negotiated Rulemaking Committee, Notice of Additional Committee Meeting-Title IV Federal Student Aid Programs, Gainful Employment in a Recognized Occupation
On June 12, 2013, we announced our intention to establish a negotiated rulemaking committee to prepare proposed regulations to establish standards for programs that prepare students for gainful employment in a recognized occupation. We also announced the schedule for two sessions of committee meetings. We now announce the addition of a third session consisting of a one-day committee meeting.
Announcement of Requirements and Registration for “Innovation in Affordable Housing Student Design and Planning Competition”
This notice announces the inaugural year of the Innovation in Affordable Housing Student Design and Planning Competition. The competition requires teams of graduate students from multiple disciplines to submit plans in response to a real life affordable housing design issue. The goals of this new competition are: To encourage research and innovation in quality affordable housing design that strengthens the social and physical fabric of low- and moderate- income communities and neighborhoods; to raise practitioner and future practitioner capacity to produce more livable and sustainable housing for low-and moderate-income people through disseminating best practices; and to foster cross-cutting team-work within the design and community development process.
Privacy Act of 1974: CMS Computer Matching Program Match No. 2013-01; HHS Computer Matching Program Match No. 1312
In accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, this notice announces the renewal of a CMP that CMS plans to conduct with the Purchased Care at the Health Administration Center (PC@HAC) of the Department of Veteran Affairs. We have provided background information about the proposed matching program in the ``Supplementary Information'' section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed matching program, CMS invites comments on all portions of this notice. See ``Effective Dates'' section below for comment period.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2013 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area.
Boundary Expansion of Thunder Bay National Marine Sanctuary
On June 14, 2013, NOAA published a proposed rule in the Federal Register to revise the regulations for the boundary of the Thunder Bay National Marine Sanctuary. This document re-opens the public comment period.
Underwriters Laboratories, Inc.: Application for Expansion
In this notice, OSHA announces the application of Underwriters Laboratories, Inc., for expansion of its recognition as a Nationally Recognized Testing Laboratory and presents the Agency's preliminary finding to grant the application and request. Underwriters Laboratories, Inc., requests the addition of multiple test standards to its scope of recognition. This preliminary finding does not constitute an interim or temporary approval of the application and request.
Logging Operations; Extension of the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in the Logging Operations Standard (29 CFR 1910.266).
Actions Taken at September 19, 2013, Meeting
As part of its regular business meeting held on September 19, 2013, in Binghamton, New York, the Commission took the following actions: (1) Approved or tabled the applications of certain water resources projects; (2) rescinded approvals for three projects; (3) took additional actions, as set forth in the Supplementary Information below.
Agency Information Collection Activities: Proposed Collection; Comment Request
The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the Office of Management and Budget's (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 Nuclear Education Grantee Survey. 2. Current OMB approval number: 3150-XXXX. 3. How often the collection is required: Once every 5 years. 4. Who is required or asked to report: NRC Grantees. 5. The number of annual respondents: 60. 6. The number of hours needed annually to complete the requirement or request: 45 hours. 7. Abstract: The NRC seeks to conduct a survey of grantees funded between 2007 and 2011 under NRC's Nuclear Education Grants. The survey will allow the NRC to collect information that is not otherwise available from all grantees to assess the impact of these funds on grantee programs, their faculty, and their students. Submit, by February 3, 2014, 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. Office of Management and Budget clearance requests are available at https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's public Web 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 ID NRC- 2013-0256. You may submit your comments by any of the following methods: Electronic comments: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0256. Mail comments to 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.
Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on September 5, 2013 (78 FR 54722).
Exercise of Authority Under the Immigration and Nationality Act; Correction
On November 4, 2013, DHS published a notice in the Federal Register, announcing a Secretarial determination under section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. 1182(d)(3)(B)(i), as amended. DHS inadvertently omitted three words from that notice. With this document, DHS is making three typographical corrections to that notice: inserting the words ``alien,'' ``in,'' and ``or.''
Review and Revision of the National Critical Infrastructure Security and Resilience (NCISR) Research and Development (R&D) Plan Outline and Specific Questions Regarding the Content
This Request for Information (RFI) notice informs the public that the Department of Homeland Security's (DHS) Science and Technology Directorate (S&T) is currently developing a National Critical Infrastructure Security and Resilience Research and Development Plan (NCISR R&D Plan) to conform to the requirements of Presidential Policy Directive 21, Critical Infrastructure Security and Resilience. As part of a comprehensive national review process, DHS solicits public comment on issues or language in the NCISR R&D Plan that need to be included. Critical infrastructure includes both cyber and physical components, systems, and networks for the sixteen established ``critical infrastructures''.
Agency Information Collection Activities: Proposed Collection: Public Comment Request
In compliance with the requirement for opportunity for public comment on proposed data collection projects (Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995), the Health Resources and Services Administration (HRSA) announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.
Wildlife and Hunting Heritage Conservation Council
We, the U.S. Fish and Wildlife Service, announce a public meeting of the Wildlife and Hunting Heritage Conservation Council (Council).
Dividend Equivalents From Sources Within the United States
This document contains final regulations relating to certain dividend equivalents for purposes of section 871(m) of the Internal Revenue Code (Code). The regulations provide guidance to nonresident alien individuals and foreign corporations that hold specified notional principal contracts providing for payments that are contingent upon or determined by reference to U.S. source dividend payments and to withholding agents.
Dividend Equivalents From Sources Within the United States
This document provides guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments and to withholding agents. It withdraws proposed regulations under section 871(m) that were published in the Federal Register on January 23, 2012 (77 FR 3202). This document also provides a notice of a public hearing on these proposed regulations.
Endangered and Threatened Wildlife and Plants; Listing the Straight-Horned Markhor as Threatened With Special Rule
We, the U.S. Fish and Wildlife Service (Service), notify the public that we are making changes to our proposed rule of August 7, 2012, to reclassify the straight-horned markhor (Capra falconeri jerdoni) from endangered to threatened. We propose to combine the straight-horned markhor (Capra falconeri jerdoni) and the Kabul markhor (Capra falconeri megaceros) into one subspecies, the straight-horned markhor (Capra falconeri megaceros), under the Endangered Species Act of 1973, as amended (Act) due to a change in taxonomy. We have conducted a status review of the straight-horned markhor (C. f. megaceros) and propose to list this subspecies as threatened under the Act. We are also proposing a concurrent special rule. The effects of these regulations will be to protect and conserve the straight-horned markhor, while encouraging local communities to conserve additional populations of the straight-horned markhor through sustainable-use management programs.
Registered Importers of Vehicles Not Originally Manufactured To Conform to the Federal Motor Vehicle Safety Standards
This document proposes to clarify NHTSA regulations on registered importers (``RIs'') of motor vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards. The proposal would require RIs to certify to NHTSA, as appropriate, that an imported vehicle either is not required to comply with the parts marking requirements of the Theft Prevention Standard or that the vehicle complies with those requirements as manufactured, or as modified prior to importation. The proposal would replace text that was inadvertently omitted when the regulations were last revised.
National Marketing Agreement Regulating Leafy Green Vegetables; Termination of Proceeding on Proposed Marketing Agreement
This action terminates a rulemaking proceeding that proposed to establish a marketing agreement (agreement) under the Agricultural Marketing Agreement Act of 1937 (Act) to regulate the handling of fresh leafy green vegetables in the United States. The agreement that was proposed by members of the produce industry would have authorized the development and implementation of handling regulations (audit metrics) to reflect the United States Food and Drug Administration's (FDA) Good Agricultural Practices (GAPs), Good Handling Practices (GHPs), and Good Manufacturing Practices (GMPs).
Mission Compatibility Evaluation Process
Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 required the Department of Defense (DoD) to designate a senior official and a lead organization to serve as a clearinghouse for the coordination of DoD review of applications filed with the Secretary of Transportation. Applications referred to the DoD involve proposals for the construction of structures that may affect navigable air space. Section 358 requires DoD to issue procedures for addressing the impacts of those structures on military operations and determining if they pose an unacceptable risk to the national security of the United States. Section 358 requires the establishment of a comprehensive strategy for addressing military impacts of renewable energy projects and other energy projects and annual reports to Congress; these requirements are not part of this rule and will be addressed separately. Nor does this rule deal with other proposal review processes not included in section 358, such as those applied by the Bureau of Land Management, Department of the Interior.
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