August 2015 – Federal Register Recent Federal Regulation Documents

This notice announces the annual meeting of the Boston Harbor Islands National Recreation Area Advisory Council (Council). The agenda includes results of the Council survey, planning for the 20th anniversary of the Boston Harbor Islands National Recreation Area, the National Park Service (NPS) Centennial, and the Boston Light Tricentennial in 2016, and membership of and planning for the next steps for the Council. Superintendent Giles Parker will also give updates about park operations and planning efforts.

This action proposes special conditions for the Cirrus Aircraft Corporation Model SF50 airplane. This airplane will have a novel or unusual design feature(s) associated with installation of an Auto Throttle System. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Coast Guard is amending a special local regulation for the Suncoast Super Boat Grand Prix that occurs on the waters of the Gulf of Mexico near Sarasota, Florida. The event is scheduled to take place annually on the first Friday, Saturday, and Sunday of July from 10 a.m. to 5 p.m. The amendment is needed in order to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States. The amended special local regulation will restrict vessel traffic on the waters near the event by establishing the following three areas: A race area, where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a spectator area, where all vessels must be anchored or operate at No Wake Speed; and an enforcement area where designated representatives may control vessel traffic as determined by prevailing conditions.

The Coast Guard has developed a draft Recreational Boating Accident Reporting Manual, COMDTINST M16782.1, to replace Standard Method of Reporting (Boating Accidents), CG-449, which was last published in September 1973. We seek public comment on this draft.

The Secretary amends the regulations governing title I, Part A of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (the ``Title I regulations''), to no longer authorize a State to define modified academic achievement standards and develop alternate assessments based on those modified academic achievement standards for eligible students with disabilities. In order to make conforming changes to ensure coordinated administration of programs under title I of the ESEA and the Individuals with Disabilities Education Act (IDEA), the Secretary is also amending the regulations for Part B of the IDEA. Note: Nothing in these regulations changes the ability of States to develop and administer alternate assessments based on alternate academic achievement standards for students with the most significant cognitive disabilities or alternate assessments based on grade-level academic achievement standards for other eligible students with disabilities in accordance with the ESEA and the IDEA, or changes the authority of IEP teams to select among these alternate assessments for eligible students.

The Federal Housing Finance Agency (FHFA) is announcing that FHFA will review all applicable Federal Home Loan Bank (Bank) members in 2015 under FHFA's community support requirements regulation. This Notice invites the public to comment on the community support performance of individual members.

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 products and services from the Procurement List previously furnished by such agencies.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 2015. The complaint as supplemented 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 activity tracking devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the '811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Idaho applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. On June 2, 2015, the EPA published a proposed rule to authorize the changes and opened a public comment period under Docket ID No. EPA-R10- RCRA-2015-0307. The comment period closed on July 2, 2015. The EPA received no comments on the proposed rule. The EPA has determined that the revisions to the Idaho hazardous waste management program satisfy all the requirements necessary to qualify for final authorization. The EPA is approving these revisions to Idaho's authorized hazardous waste management program in this final rule.

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), notice is hereby given that a proposed administrative settlement agreement for recovery of response costs (``Proposed Agreement'') associated with the Lin Electric Superfund Site, Bluefield, Mercer County, West Virginia (``Site'') was executed by the Environmental Protection Agency (``EPA'') and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate. The Proposed Agreement would resolve potential EPA claims under Section 107(a) of CERCLA, against Danny E. Lusk and Gordon M. Lusk, (``Settling Parties''). The Proposed Agreement would require Settling Parties to reimburse EPA $21,358.00 for response costs incurred by EPA for the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the Proposed Agreement. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103.

On June 23, 2015, the U.S. Nuclear Regulatory Commission (NRC) requested public comment on three petitions for rulemaking (PRM) requesting that the NRC amend its ``Standards for Protection Against Radiation'' regulations and change the basis of those regulations from the linear no-threshold model of radiation protection to the radiation hormesis model. The public comment period was originally scheduled to close on September 8, 2015. The NRC is extending the public comment period to allow more time for members of the public to develop and submit their comments.

The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on July 24, 2015, that gave notice to the public that it is considering issuance of a temporary exemption from certain NRC financial assurance requirements to Lost Creek ISR, LLC, for its Lost Creek In Situ Recovery (ISSR) Project in Crook County, Wyoming. This action is being taken to correct the date that the exemption expires.

The U.S. Army Corps of Engineers (USACE) announces the availability of a Public Review Draft Feasibility Study with Integrated Environmental Impact Statement (EIS), for the Ala Wai Canal Project, Oahu, Hawaii. To better inform potential commenters, a public meeting is scheduled on September 30, 2015 at Washington Middle School in Honolulu, Hawaii. The Draft Feasibility Study/EIS evaluates alternatives to manage flood risk within the Ala Wai watershed, which includes the neighborhoods of Makiki, Manoa, Palolo, Kapahulu, Moiliili, McCully, and Waikiki. It also documents the existing condition of environmental resources in areas considered for locating flood risk management features and potential impacts on those resources that could result from implementing each alternative. The State of Hawaii, Department of Land and Natural Resources is the non-Federal sponsor and the proposing agency for compliance with the Hawaii law on Environmental Impact Statements.

On August 11, 2015, the U.S. Department of Energy published a final rule in the Federal Register to place in the Code of Federal Regulations the energy conservation standards and related definitions that Congress prescribed for grid-enabled water heaters in the Energy Efficiency Improvement Act of 2015, which amended the Energy Policy and Conservation Act of 1975. Due to a drafting error, a numeral was omitted from the energy factor equation for grid-enabled water heaters. This document corrects that error.

To advance the concept of a ``single window'' to facilitate electronic collection, processing, sharing, and reviewing of trade data and documents required by federal agencies during the cargo import and export processes, and in furtherance of more accurately targeting imports to facilitate the flow of legitimate trade and enhanced targeting of noncompliant trade, the U.S. Consumer Product Safety Commission (``Commission'' or ``CPSC'') in consultation with U.S. Customs & Border Protection (``CBP'') announce their joint intent to conduct a test to assess the electronic filing of certain data via the Partner Government Agency (``PGA'') Message Set to the CBP-authorized Electronic Data Interchange (``EDI'') system known as the Automated Commercial Environment (``ACE'') for regulated finished consumer products under CPSC jurisdiction and three specified finished products included on the Substantial Product Hazard List established under section 15(j) of the CPSA. During the test, participants will collaborate with CBP and CPSC to examine the effectiveness of the ``single window'' capability. Based on stakeholder feedback, the test also will assess the concept of a data registry (the ``Data Registry''), maintained by CPSC, which would allow stakeholders to file a reference to existing targeting/ enforcement data through the PGA Message Set, rather than by entering all data for each entry. This notice provides the following key information: International Trade Data System (``ITDS'') and CBP's authority to conduct test programs; the Commission's authority regarding data collection and import surveillance; the purpose of the test; an explanation of the test concept; the availability of CPSC's supplemental Customs and Trade Automated Interface Requirements (``CATAIR'') guideline and request for technical comments; participant eligibility, selection criteria, and responsibilities; the advantages of test participation; and a request that importers interested in test participation contact the Commission.

The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the List Sampling Frame Surveys. Revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. Annually, NASS obtains lists of farm and ranch operators from different crop and livestock organizations. Historically we have averaged 500,000 potential new operators each year from these lists. Before adding these names to our list of active operators we will contact the operators to collect basic farming information from them on the size and type of operation. These data will be used to eliminate any duplication we may have with names already on our list. Since the 2017 Census of Agriculture will be conducted in 2018, the sample sizes for 2017 and 2018 will be greatly reduced. Additional questions may need to be added to the questionnaires to accommodate any new trends or changes in the farming community that need to be identified (i.e. Organic farming, renewable energy production, expansion of acreage of alternative or specialty crops, etc.).

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (``the Act'') to determine whether revocation of the antidumping duty order on barium chloride from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

FMCSA announces its decision to grant motor carriers transporting security-sensitive hazardous materials (HM) requiring a security plan an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more. American Trucking Associations, Inc. (ATA) requested the exemption on behalf of all motor carriers that transport certain HM shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to attend such cargo while the CMV is stopped, which is an on-duty activity under the HOS rules. Exempt drivers may now count their on-duty attendance of HM cargo toward the required 30- minute rest break requirement provided they perform no other on-duty activity. This exemption parallels Sec. 395.1(q) of the Federal Motor Carrier Safety Regulations (FMCSRs) that allows drivers who are attending loads of certain explosives to count on-duty attendance time toward their rest break so long as they engage in no other on-duty activity.