October 27, 2008 – Federal Register Recent Federal Regulation Documents

The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, ``Services'' or ``we'') previously proposed to amend regulations governing interagency cooperation under the Endangered Species Act of 1973 (Act) (73 FR 47868-47875; August 15, 2008). The Services proposed these regulatory changes to improve the effectiveness and efficiency of the section 7(a)(2) consultation process. This Federal Register notice advises the public that we (FWS and NOAA) have prepared a Draft Environmental Assessment (Draft EA) under the National Environmental Policy Act (NEPA) that assesses the potential environmental effects of the proposed regulatory changes currently under consideration. The Draft EA is available for public review at the following Web site: https://www.doi.gov/issues/esa.html.

The Office of the Assistant Secretary of the Interior for Water and Science has signed the Record of Decision which documents the selection of the Proposed Action as presented in the Final Environmental Impact Statement (FEIS) for the Lower Duchesne River Wetlands Mitigation Project (LDWP), Duchesne and Uintah Counties, Utah, a mitigation component of the Central Utah Project (CUP). The FEIS was prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) and was filed with the Environmental Protection Agency on April 11, 2008. The ROD approves implementation of the project in accordance with statutory and contractual obligations. The Proposed Action fulfills a Central Utah Project need to complete certain environmental mitigation obligations of the Federal government to the Ute Indian Tribe of the Uintah and Ouray Agency, Ft. Duchesne, Utah. These mitigation commitments derive from construction and operation of the Strawberry Aqueduct and Collection System (SACS) of the CUP. The SACS has diverted Ute Indian Tribal water away from the Duchesne River and, thereby, depleted water sources which historically supported wetlands, riparian habitats and associated fish and wildlife resources held in trust by the Federal government for the benefit of the Ute Indian Tribe. The LDWP will replace, restore and enhance these trust resources consistent with long-standing commitments and promises made by the Federal government to the Ute Indian Tribe. The Department of the Interior and the Utah Reclamation Mitigation and Conservation Commission served as Joint Lead Agencies in compliance with NEPA. The Ute Indian Tribe, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Bureau of Reclamation, Duchesne County and Uintah County served as Cooperating Agencies. The FEIS and ROD satisfy disclosure requirements of NEPA and will serve as NEPA compliance documentation for all contracts, agreements and permits that will be required for construction and operation of the project.

This action decreases the Georges Bank (GB) yellowtail flounder trip limit to 2,500 lb (1,134 kg) for NE multispecies days-at- sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan and is intended to prevent over-harvesting of the total allowable catch (TAC) for GB yellowtail flounder during the 2008 fishing year. This action is being taken to maintain opportunities for vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

The Food and Drug Administration (FDA) is correcting a proposed rule that appeared in the Federal Register of Thursday, September 18, 2008 (73 FR 54106). The document issued a proposed rule that would require owners or consignees to label imported food that is refused entry into the United States. The preamble to the proposed rule inadvertently omitted a reference. This document corrects that error.

NMFS is announcing that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2009 remain status quo. Regulations governing these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone in the Federal Register if the previous year's quota specifications remain unchanged.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. We changed the title to meet OMB requirements. The previous title of this information collection request (ICR) was ``30 CFR part 227Delegation to States; 30 CFR part 228Cooperative Activities with States and Indian Tribes; and 30 CFR part 229Delegation to States.'' The new title is ``30 CFR parts 227, 228, and 229, Delegated and Cooperative Activities with States and Indian Tribes.''

The Director of the Office of Water and Watersheds, EPA Region 10, is publishing notice of the final National Pollutant Discharge Elimination System (NPDES) general permits (numbers AK-G70-0000 and AK- G70-1000) to provide Clean Water Act (33 U.S.C. 1251 et seq.) authorization for log transfer facilities (LTFs) operating in Alaska. General permit (GP) AK-G70-0000 (the ``Pre-1985'' GP) includes section 402 modifications to section 404 permits issued to LTFs prior to October 22, 1985, in accordance with section 407 of the Water Quality Act of 1987 (Pub. L. 100-4). All other LTFs can apply to be authorized to discharge under AK-G70-1000 (the ``Post-1985'' GP) if they meet eligibility requirements. The final Post-1985 GP is a reissuance of a previously issued LTF GP that became effective on March 21, 2000, and was subsequently modified on April 27, 2004 (69 FR 19417). The Post-1985 GP expired on March 21, 2005, and has been administratively extended since that time. The final Pre-1985 GP contains additional modifications to section 404 permits issued to LTFs prior to October 22, 1985. The modifications implemented by the Pre-1985 GP became effective as of April 27, 2004, and such modifications did not expire because the section 404 permits have no expiration date. Because EPA is using a section 402 permit to implement the section 404 permit modifications, the Pre-1985 GP will expire in accordance with 40 CFR 122.46(a). In the Pre-85 GP, if a facility meets the eligibility criteria, the facility timely submitted a new Notification at least 180 days prior to March 21, 2005, and unless LTF operations have materially changed since submission of that Notification, the operator of that facility is not required to submit a new Notification, but may: (i) Adopt the previously filed Notification in a written adoption letter to EPA and Alaska Department of Environmental Conservation (``ADEC'') no later than 90 days after the effective date of this permit; and (ii) in that adoption letter include the information required by subparagraphs D.4.d and D.4.e of Section IV. If a facility timely did not submit a Notification at least 180 days prior to March 21, 2005, written Notification must be submitted to EPA and ADEC within 90 days of the effective date of this general Permit. If a facility has not operated since March 7, 2000, and wishes to begin operations more than 90 days after the effective date of this Pre-85 permit, the facility must provide the Notification required by Section IV, to EPA and ADEC no later than 60 days prior to beginning discharges (see Parts I.A. and IV. of the Pre-85 GP). In the Post-85 GP, owners or operators of a new LTF seeking authorization to discharge under this general permit must submit a NOI to EPA and ADEC at least sixty (60) days prior to anticipated commencement of operation and discharge (see Part V.C). For an existing LTF, if a facility timely submitted an NOI under 40 CFR 122.6 at least 180 days prior to the expiration of the previously issued general permits and unless LTF operations have materially changed since submission of that NOI, the operator of that facility is not required to submit a new NOI, but may: (i) Adopt the previously filed NOI in a written adoption letter to EPA and ADEC no later than 60 days after the effective date of this permit; and (ii) in that adoption letter, include the information required by subparagraphs D.4.d. and D.4.e of Part V. (see Part V.C of the Post-85 GP). A fact sheet has been prepared which sets forth the principle factual, legal, policy, and scientific information considered in the development of the general permits. Both GPs contain a combination of technology-based requirements, best professional judgment and water quality-based effluent limits, standards, or conditions. EPA received comments on the GPs during the public comment period, and has prepared a Response to Comments to explain changes made in the permits based on the comments and reasons for not making changes.

This notice announces the opening of additional Nixon Presidential Historical Materials. Notice is hereby given that, in accordance with section 104 of Title I of the Presidential Recordings and Materials Preservation Act (PRMPA, 44 U.S.C. 2111 note) and 1275.42(b) of the PRMPA Regulations implementing the Act (36 CFR Part 1275), the agency has identified, inventoried, and prepared for public access approximately 198 hours of Nixon White House tape recordings and integral file segments among the Nixon Presidential historical materials.

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 for Field Crop Production. Revision to burden hours may be needed due to changes in the size of the target population, sampling design, and/or questionnaire length.

The Roadless Area Conservation National Advisory Committee will meet in Washington, DC. The purpose of the meeting is to discuss the proposed rule for the management of roadless areas on National Forest System lands in the State of Colorado and to discuss other related roadless area matters.

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention, through the Chemical Weapons Convention Implementation Act and the Chemical Weapons Convention Regulations, has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2008. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.

We preliminarily determine that imports from the People's Republic of China (``PRC'') of folding metal tables with legs connected by cross-bars, so that the legs fold in sets, and otherwise meeting the description of in-scope merchandise, are within the class or kind of merchandise subject to the order on folding metal tables and chairs (``FMTCs'') from the PRC.

In response to a request from Ternium M[eacute]xico, S.A. de C.V. (``Ternium Mexico''), and pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.216 and 351.221(c)(3), the Department is initiating a changed circumstances review of the antidumping duty order on light-walled rectangular pipe and tube (``LWRPT'') from Mexico. This review will determine whether Ternium Mexico is the successor-in-interest to Hylsa, S.A. de C.V. (``Hylsa'').

On October 8, 2008, the Department of Commerce (``Department'') published the preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of certain steel threaded rod from the People's Republic of China (``PRC''). See Certain Steel Threaded Rod from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 73 FR 58931 (October 8, 2008) (``Preliminary Determination''). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for RMB Fasteners Ltd. and IFI and Morgan Ltd. (collectively, ``RMB & IFI Group''). The corrections to the RMB & IFI Group margin also affect the margin assigned to the companies receiving a separate rate.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') of the presiding administrative law judge (``ALJ'') in the above-captioned investigation amending the complaint and notice of investigation and terminating a respondent on the basis of a consent order stipulation and consent order. The Commission has also determined to issue the subject consent order. The investigation is terminated.

The Department of the Navy published a document in the Federal Register on October 2, 2008, announcing a closed meeting of the Chief of Naval Operations Executive Panel. The original publication contained incorrect information.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1015. Amendment No. 5 would modify the CoC to incorporate certain high burnup pressurized water reactor fuel as approved contents and to reflect those changes in the associated Technical Specifications (TS). In addition, the proposed amendment to the CoC would include several other changes to the TS and the Final Safety Analysis Report (FSAR) to enhance the loading and storage operation of the NAC-UMS Universal Storage System.