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/register/2011/03/08/2011-4988A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-03-08.xml --- 76 45 Tuesday, March 8, 2011 Contents Agriculture Agriculture Department See Forest Service Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 12692 2011-5426 Census Bureau Census Bureau NOTICES The 2010 Census Count Question Resolution Program, 12694-12700 2011-5217 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 12739-12740 2011-5170 World Trade Center Health Program; Request for Information, 12740 2011-5157 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings: Consumer Operated and Oriented Plan Advisory Board, 12740-12741 2011-5363 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12741-12742 2011-5181 2011-5185 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 12692-12693 2011-5122 2011-5143 Request for Members, Innovation Advisory Board, 12693-12694 2011-5133 Copyright Office Copyright Office, Library of Congress NOTICES Section 302 Report; Correction, 12760-12761 2011-5237 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Reporting of Government-Furnished Property, 12666-12667 2011-5218 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department Economic Development Economic Development Administration PROPOSED RULES Request for Comments:
Review and Improvement of EDAs Regulations, 12616-12617 2011-5128 Education Education Department RULES Department of Education Acquisition Regulation, 12796-12815 2011-4660 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12717 2011-5215 Disability and Rehabilitation Research Projects and Centers Program: Field Initiated Projects FY 2011 Competition, 12717-12718 2011-5245 Meetings: National Board for Education Sciences, 12718-12719 2011-5239 Safe Schools/Healthy Students Program;
Correction, 12719 2011-5243 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12758 2011-5238 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Unemployment Assistance Activities, 12760 2011-5249 Evaluation of the Reintegration of Ex-Offenders—Adult Program, 12758-12760 2011-5194 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes:
Tennessee; Redesignation of the Knoxville 1997 8-Hour Ozone Nonattainment Area to Attainment for the 1997 8-Hour Ozone Standards, 12587-12596 2011-5193 PROPOSED RULES Approval and Promulgation of Implementation Plans: State of Oregon; Regional Haze State Implementation Plan, 12651-12664 2011-5198 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12728 2011-5199 Cambridge Environmental Inc.; Transfer of Data, 12729-12730 2011-5343 Clean Air Act Operating Permit Program:
Objection to State Operating Permit for U.S. Steel; Granite City Works, 12730 2011-5189 Issuance of Federal Operating Permit to Great Lakes Gas Transmission Limited Partnership, 12730-12731 2011-5197 Meetings: Good Neighbor Environmental Board, 12731 2011-5209 Proposed Consent Decree: Clean Air Act Citizen Suit, 12731-12732 2011-5200 Public Teleconference of the Air Monitoring and Methods Subcommittee, 12732-12733 2011-5202 Equal Equal Employment Opportunity Commission NOTICES Meetings;
Sunshine Act, 12733 2011-5361 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Various Transport Category Airplanes Equipped with Chemical Oxygen Generators Installed in a Lavatory, 12556-12558 2011-5292 Amendment to Special Use Airspace Restricted Areas R-2203, and R-2205; Alaska, 12558-12559 2011-5246 Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities: Supplemental Regulatory Flexibility Determination, 12559-12563 2011-5257 Lavatory Oxygen Systems, 12550-12556 2011-5325 PROPOSED RULES Airworthiness Directives:
Boeing Co. Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 12634-12643 2011-5156 Bombardier, Inc. Model DHC 8 400 Series Airplanes, 12629-12634 2011-5161 Dassault-Aviation Model FALCON 7X Airplanes, 12624-12627 2011-5165 Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG Airplanes, 12627-12629 2011-5176 The Boeing Company 737-200, -200C, -300, -400, and -500 Series Airplanes, 12619-12624 2011-5159 The Boeing Company Model 777-200 and -300 Series Airplanes, 12617-12619 2011-5158 Helicopter Area Navigation Routes:
Northeast United States, 12643-12645 2011-5251 Revocation of VOR Federal Airway V-284: New Jersey; Withdrawal, 12645 2011-5244 NOTICES Environmental Assessments; Availability, etc.: Pegasus Launches at Cape Canaveral Air Force Station, FL, 12787-12788 2011-5242 Federal Communications Federal Communications Commission RULES Review of the Emergency Alert System, 12600-12604 2011-5222 NOTICES Grantees of Equipment Authorization: Shenzhen Tangreat Technology Co., Ltd., 12733-12738 2011-5221 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 12596-12600 2011-5132 PROPOSED RULES Proposed Flood Elevation Determinations;
Correction, 12665-12666 2011-5223 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Management Institute Follow-up Evaluation Survey, 12749-12750 2011-5131 Federal Energy Federal Energy Regulatory Commission NOTICES Application Accepted for Filing, etc.: City of Escondido, California, and Vista Irrigation District, 12719-12721 2011-5205 2011-5210 Application: Northern Natural Gas Co., 12721-12722 2011-5206 Availability of Environmental Assessment:
Alabama Power Co., 12722 2011-5204 Combined Filings, 12723-12726 2011-5134 2011-5135 2011-5136 Initial Market-Based Rate Filing: DTE Calvert City, LLC, 12726-12727 2011-5207 Tropicana Manufacturing Co., Inc., 12726 2011-5208 Preliminary Permit Application Accepted for Filing, etc.: Black Canyon Hydro, LLC, 12727-12728 2011-5212 Pacific Gas and Electric Co., 12728 2011-5211 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 12739 2011-5166 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 12788 2011-5203 Environmental Impact Statements; Availability, etc.: Proposed Urban Rail System in Austin, TX, 12788-12791 2011-5201 Fish Fish and Wildlife Service RULES Subsistence Management Regulations for Public Lands in Alaska: Taking of Fish and Shellfish Regulations, 12564-12587 2011-5174 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Mt. Charleston Blue Butterfly, 12667-12683 2011-4884 Texas Kangaroo Rat, 12683-12690 2011-5177 NOTICES Endangered and Threatened Wildlife and Plants:
Applications for Incidental Take Permits, etc.; Indian River County, FL, 12751-12752 2011-5160 Food and Drug Food and Drug Administration RULES Amendments to General Regulations of the Food and Drug Administration, 12563 2011-5147 Oral Dosage Form New Animal Drugs: Spinosad and Milbemycin Oxime, 12563-12564 2011-5144 NOTICES Guidance for Industry and Food and Drug Administration Staff; Availability: Clinical Investigations of Devices Indicated for the Treatment of Urinary Incontinence, 12742-12743 2011-5148 Medical Device Reporting:
Malfunction Frequency, 12743-12744 2011-5146 Forest Forest Service RULES Subsistence Management Regulations for Public Lands in Alaska: Taking of Fish and Shellfish Regulations, 12564-12587 2011-5174 NOTICES Meetings: Modoc County Resource Advisory Committee, 12691 2011-5167 Ravalli County Resource Advisory Committee, 12691 2011-5164 San Juan National Forest Resource Advisory Council, 12692 2011-5173 Southwest Idaho Resource Advisory Committee, 12691 2011-5155 Yakutat Resource Advisory Committee, 12691-12692 2011-5219 Government Accountability Government Accountability Office RULES Public Availability of Government Accountability Office Records, 12549-12550 2011-4988 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.
Citizenship and Immigration Services PROPOSED RULES Privacy Act of 1974: Implementation of Exemptions, etc., 12609-12611 2011-5094 NOTICES Privacy Act; Systems of Records, 12745-12749 2011-5100 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Allocation of Duty Exemptions: Watch Producers Located in the U.S. Virgin Islands, 12700 2011-5129 Internal Revenue Internal Revenue Service NOTICES Meetings:
Electronic Tax Administration Advisory Committee, 12793-12794 2011-5256 International Trade Adm International Trade Administration NOTICES Allocation of Duty Exemptions: Watch Producers Located in the U.S. Virgin Islands, 12700 2011-5129 Final Results of Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Thailand, 12700-12702 2011-5267 Final Results of Expedited Sunset Reviews: Certain Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, and the Republic of Korea, 12702-12703 2011-5220 Preliminary Results of Antidumping Duty Administrative Review:
Certain Preserved Mushrooms from the People's Republic of China, 12704-12711 2011-5262 Justice Department Justice Department NOTICES Lodging of Proposed Consent Decrees: United States v. John R. Cumbie, 12757 2011-5087 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vendor Outreach Session Information Management System, 12757-12758 2011-5241 Land Land Management Bureau NOTICES Filing of Plats of Survey:
Oregon/Washington, 12752-12753 2011-5175 Temporary Closures on Public Lands in Ada and Elmore Counties, Idaho, 12753 2011-5130 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration PROPOSED RULES Lowering Miners Exposure to Respirable Coal Mine Dust, 12648-12651 2011-5127 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12791 2011-5216 Petition for Exemption from the Federal Motor Vehicle Motor Theft Prevention Standard:
General Motors Corp., 12792-12793 2011-5112 National Institute National Institute of Standards and Technology NOTICES Meetings: Smart Grid Advisory Committee, 12711-12712 2011-5250 Public Workshops; Draft Federal Information Processing Standard: Personal Identity Verification of Federal Employees and Contractors, 12712-12714 2011-5259 National Institute National Institutes of Health NOTICES Meetings: National Center for Complementary and Alternative Medicine, 12744 2011-5226 National Heart, Lung, and Blood Institute, 12744-12745 2011-5225 National Institute of Allergy and Infectious Diseases, 12745 2011-5229 National Institute on Deafness and Other Communication Disorders, 12744 2011-5228 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 12604-12605 2011-5227 Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 17B; Correction, 12605-12606 2011-5232 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Less Than 60 feet Using Jig or Hook-and-Line Gear, etc.; Closure, 12606-12607 2011-5224 Reallocation of Pollock in the Bering Sea and Aleutian Islands, 12607-12608 2011-5234 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Marianas Trench Marine National Monument Knowledge and Attitudes Survey, 12714-12715 2011-5150 Application for Exempted Fishing Permit: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 12715-12716 2011-5236 National Park National Park Service NOTICES Environmental Assessments; Availability, etc.: President's Park; Permanent Roadway Closures, Re-Design of Security Elements, and Preservation of Historic Landscape, 12753-12755 2011-5253 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 12761-12763 2011-5151 2011-5213 Navy Navy Department NOTICES Meetings: Board of Visitors of Marine Corps University, 12716-12717 2011-5169 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 12763-12768 2011-4829 Meetings; Sunshine Act, 12768-12769 2011-5336 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee;
Cancellation, 12769 2011-5266 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Municipal and Industrial Water Shortage Policy, Central Valley Project, 12755-12756 2011-5153 Water Management Plans; Availability, etc.: Central Valley Project Improvement Act, 12756 2011-5163 Securities Securities and Exchange Commission PROPOSED RULES Ownership Limitations and Governance Requirements: Security-Based Swap Clearing Agencies, Security-Based Swap Execution Facilities, and National Securities Exchanges, etc., 12645-12648 2011-5183 NOTICES Meetings;
Sunshine Act, 12769 2011-5270 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 12775-12778 2011-5190 Financial Industry Regulatory Authority, Inc., 12769-12771 2011-5139 International Securities Exchange, LLC, 12778-12780 2011-5186 Municipal Securities Rulemaking Board, 12781-12782 2011-5140 NASDAQ OMX BX, Inc., 12771-12773 2011-5141 NASDAQ OMX PHLX LLC, 12780-12781 2011-5142 New York Stock Exchange LLC, 12774-12775 2011-5191 NYSE Amex LLC, 12773-12774 2011-5192 The Fixed Income Clearing Corp., 12782-12784 2011-5138 The NASDAQ Stock Market LLC, 12784-12786 2011-5137 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:
“Charlotte Salomon: Life? Or Theatre?”, 12786 2011-5254 “Double Sexus”, 12786 2011-5240 “Poetry in Clay: Korean Buncheong Ceramics from the Leeum, Samsung Museum of Art”, 12786-12787 2011-5252 Meetings: Shipping Coordinating Committee, 12787 2011-5255 Thrift Supervision Thrift Supervision Office PROPOSED RULES Risk-Based Capital Standards: Advanced Capital Adequacy Framework—Basel II; Establishment of a Risk-Based Capital Floor, 12611-12616 2011-5011 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12750-12751 2011-5098 2011-5235 U.S. China U.S.-China Economic and Security Review Commission NOTICES Meetings, 12794 2011-5264 Separate Parts In This Issue Part II Education Department, 12796-12815 2011-4660 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 45 Tuesday, March 8, 2011 Rules and Regulations GOVERNMENT ACCOUNTABILITY OFFICE 4 CFR Part 81 Public Availability of Government Accountability Office Records AGENCY: Government Accountability Office. ACTION: Final rule. SUMMARY:
This rule is a revision of portions of GAO's records rule. These revisions clarify procedures to obtain Government Accountability Office
(GAO)documents. Published GAO documents such as testimonies, reports, and decisions are available to the public on GAO's Web site and also may be requested over the telephone. Their wide availability eliminates the need for regulations governing their request, and accordingly published GAO documents are no longer subject to the procedures of this part. The revisions also clarify that records compiled for law enforcement purposes by another agency and records provided by GAO to another agency for law enforcement purposes are not subject to disclosure. The previous regulatory language on this point was imprecise. The changes also add steps to the procedures for using GAO's public reading facility, to facilitate the efficient use of the facility. Finally, the revisions make various housekeeping changes reflecting shifts in GAO's operating procedures. These changes clarify for the public which GAO documents are subject to this part and how to obtain such documents. DATES: Effective March 8, 2011. FOR FURTHER INFORMATION CONTACT: John A. Bielec, Assistant General Counsel, 202-512-2846. SUPPLEMENTARY INFORMATION: Part 81 of Title 4 of the Code of Federal Regulations contains the procedures for members of the public to obtain GAO documents. GAO is amending paragraph
(b)of § 81.1 to remove all published GAO documents, such as reports and decisions, from this part's purview. All such documents are publicly available on GAO's Web site, *http://www.gao.gov* , and may also be ordered over the telephone. Accordingly, regulations governing requests for public disclosure of such documents are unnecessary. It is also well established that when an agency makes its documents widely available to the public, the agency need not reproduce those documents again in response to a Freedom of Information Act
(FOIA)request. *Department of Justice* v. * Tax Analysts* , 492 U.S. 136, 152 (1989). While GAO is not subject to FOIA, the principle applies equally in this context. Published GAO documents may be downloaded free of charge from GAO's Web site. Print copies may be ordered by telephone, but GAO charges a fee to print and ship documents requested this way, as provided in § 81.7, which is unchanged by this rule. Under this revised rule, GAO will no longer accept requests via fax or mail for published documents. Requests for GAO documents not available on GAO's Web site remain subject to this part and must be submitted in writing to GAO, via either mail or e-mail, in accordance with § 81.4. Technical amendments to paragraphs
(a)and
(c)of § 81.1 are made as needed to conform with these changes. Paragraph 81.6(g) is amended to clarify the types of documents GAO considers to be compiled for law enforcement purposes. Such documents are not subject to disclosure under this part. Although GAO is not a law enforcement agency, it occasionally collects, during the course of its audits and investigations, records from law enforcement agencies that those agencies compiled for their own law enforcement purposes. While GAO did not compile the records, they are nonetheless exempt from disclosure because they were originally compiled for law enforcement purposes and may still be used for such purposes by the originating agency. Disclosure of such records would undermine the originating agency's law enforcement mission. During the course of its work, GAO also occasionally receives information from non-law enforcement sources that indicates possible civil or criminal wrongdoing by another party. GAO forwards such information to other Federal, State, or local agencies with enforcement jurisdiction over the matter. The receiving agencies may use the information for their own investigations, prosecutions, or other law enforcement matters. GAO considers such information to be compiled for law enforcement purposes if, at the time GAO receives a request under this part for the information, the receiving agency advises GAO that the information is being, or will be, used by that agency for a law enforcement purpose. In these circumstances, GAO's disclosure of the information could undermine law enforcement operations. “Law enforcement” in this context includes civil and administrative as well as criminal matters. This policy is consistent with the United States Supreme Court's ruling that information not originally compiled for law enforcement purposes is nevertheless exempt from public disclosure if, at the time of a request, it is being used for law enforcement purposes. *John Doe Agency* v. * John Doe Corp.* , 493 U.S. 146, 153-55 (1989). Section 81.8 is amended to advise individuals who wish to use GAO's public reading facility to schedule an appointment and to have GAO's staff determine whether the records sought are included in the public reading facility collection. Section 81.2 is amended to clarify and identify the entity within GAO that administers this part. Section 81.4 is amended to delete language that GAO records may be requested via a link on GAO's Web site. GAO will continue to accept requests for GAO records by e-mail. Paragraph
(m)of § 81.6 is amended to correctly identify the entity within GAO that operates GAO FraudNet. GAO submitted for comment a proposed rule containing these amendments, which was published in the **Federal Register** on November 24, 2010 (75 FR 71567). GAO received no comments on the proposed rule. GAO is not subject to the Administrative Procedure Act. List of Subjects in 4 CFR Part 81 Administrative practice and procedure, Archives and records, Computer technology, Electronic products, Freedom of information, Public reading room, Requests for records. For the reasons stated in the preamble, the Government Accountability Office amends 4 CFR part 81 as follows: PART 81—PUBLIC AVAILABILITY OF GOVERNMENT ACCOUNTABILITY OFFICE RECORDS 1. The authority citation for part 81 continues to read as follows: Authority: 31 U.S.C. 711. 2. Amend § 81.1 to revise the first sentence of paragraph (a), to revise paragraph (b), and to add paragraph
(c)to read as follows: § 81.1 Purpose and scope of part.
(a)This part implements the policy of the U.S. Government Accountability Office
(GAO)with respect to the public availability of GAO records, except as set forth in paragraph
(b)of this section. * * *
(b)GAO published testimonies, reports, decisions, special publications, or listings of publications are not included within the scope of this part. These documents may be obtained from the GAO Web site, *http://www.gao.gov* , or by telephone at 202-512-6000, TDD 202-512-2537, or 1-866-801-7077 (toll free). These publications may be downloaded free of charge from the GAO Web site. Paper copies requested from GAO are subject to a printing, shipping, and handling fee.
(c)Requests for all other GAO records are within the scope of this part and should be submitted to GAO as directed in paragraph
(a)of § 81.4. 3. Revise § 81.2 to read as follows: § 81.2 Administration. GAO's Chief Quality Officer administers this part and may promulgate such supplemental rules or regulations as may be necessary. 4. In § 81.4, remove the second sentence of paragraph (a). 5. Amend § 81.6 to revise paragraph
(g)and the sentence following the italic heading in paragraph
(m)to read as follows: § 81.6 Records which may be exempt from disclosure.
(g)Records compiled for law enforcement purposes that originate in another agency, or records provided by GAO to another agency for law enforcement purposes.
(m)* * * Records obtained by the GAO Forensic Audits and Special Investigations (GAO FraudNet) are an example of records that could contain information covered by this exemption. 6. Amend § 81.8 to add a new second sentence, and to revise the last sentence as follows: § 81.8 Public reading facility. * * * To determine if a record is part of the public reading facility collection and to schedule an appointment to visit the facility, contact the Library reference desk at 202-512-2585. The facility is open to the public from 8:30 a.m. to 4 p.m. except Saturdays, Sundays, and Federal holidays. Lynn H. Gibson, General Counsel, U.S. Government Accountability Office. [FR Doc. 2011-4988 Filed 3-7-11; 8:45 am]
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- 4 CFR 81
- 492 U.S. 136
- 493 U.S. 146
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