August 4, 2006 – Federal Register Recent Federal Regulation Documents

On Friday, July 28, 2006, the U.S. Department of Energy (DOE) issued a Notice of Intent to prepare an Environmental Impact Statement for the proposed action of providing up to $700 million of Federal funding for the FutureGen Project (71 FR 42840). The FutureGen Project would comprise the planning, design, construction and operation by a private sector organization of a coal-fired electric power and hydrogen gas production plant integrated with carbon dioxide capture and geologic sequestration of the captured gas. DOE's National Energy Technology Laboratory (NETL) is hosting public scoping meetings near each of the four proposed FutureGen Project sites. Dates, locations, and information about the public scoping meetings are contained under SUPPLEMENTARY INFORMATION, below.

In the Federal Register of May 15, 2006 (71 FR 28017), the Consumer Product Safety Commission published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek extension of approval of the collection of information in the Safety Standard for Automatic Residential Garage Door Operators (16 CFR part 1211). One comment was received in response to that notice stating that reporting of problems with garage door operations should be mandatory and posted on the internet. Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. 2064(b), requires every manufacturer, importer, distributor and retailer of a consumer product distributed in commerce who obtains information which reasonably supports the conclusion that such product contains a defect which could create a substantial product hazard or creates an unreasonable risk of serious injury or death, to immediately inform the Commission. If a determination is made that a substantial hazard exists regarding garage doors or garage door operators, a recall of that product may be issued and posted on the CPSC Web site at http:/ /www.cpsc.gov. In addition, product-related injuries treated in hospital emergency rooms are reported in the National Electronic Injury Surveillance System at https://www.cpsc.gov/LIBRARY/neiss.html. Accordingly, the Commission now announces that it has submitted to the Office of Management and Budget a request for extension of approval of that collection of information without change for a period of three years from the date of approval. The Consumer Product Safety Improvement Act of 1990 (Pub. L. 101- 608, 104 Stat. 3110) requires all automatic residential garage door openers manufactured after January 1, 1993, to comply with the entrapment protection requirements of UL Standard 325 that were in effect on January 1, 1992. In 1992, the Commission codified the entrapment protection provisions of UL Standard 325 in effect on January 1, 1992, as the Safety Standard for Automatic Residential Garage Door Operators, 16 CFR part 1211, Subpart A. Certification regulations implementing the standard require manufacturers, importers and private labelers of garage door operators subject to the standard to test their products for compliance with the standard, and to maintain records of that testing. Those regulations are codified at 16 CFR part 1211, subparts B and C. The Commission uses the records of testing and other information required by the certification regulations to determine that automatic residential garage door operators subject to the standard comply with its requirements. The Commission also uses this information to obtain corrective actions if garage door operators fail to comply with the standard in a manner which creates a substantial risk of injury to the public.

In an earlier notice and request for comments, the FHWA announced the creation of an FHWA Web site to provide information regarding the Surface Transportation Environment and Planning Cooperative Research Program (STEP) and solicited public input on the implementation strategy for this program. Based on the review and analysis of the comments received in response to the notice, the FHWA has finalized and posted the implementation strategy for the STEP on the STEP Web site at: https://www.fhwa.dot.gov/hep/step/index.htm. In addition, the FHWA has posted information on the STEP Web site soliciting comments on proposed STEP research activities.

This notice announces the Fifteenth Public Meeting of members of the Crash Injury Research and Engineering Network. CIREN is a collaborative effort to conduct research on crashes and injuries at eight Level 1 Trauma Centers linked by a computer network. Researchers can review data and share expertise, which could lead to a better understanding of crash injury mechanisms and the design of safer vehicles. Seven presentations on current research based on CIREN cases will be presented. The agenda will be posted to the CIREN Web site https://www-nrd.nhtsa.dot.gov/departments/nrd-50/ciren/CIREN.h tml three weeks prior to the meeting. Date and Time: The meeting is scheduled from 8:30 a.m. to 2 p.m. on Wednesday, September 20th, 2006. This meeting will be hosted by the Froedtert Hospital and the Medical College of Wisconsin (MCW) CIREN Center.

These special conditions are issued for the Cessna Aircraft Company, Model 510 airplane. This new airplane will have novel and unusual design features not typically associated with normal, utility, acrobatic, and commuter category airplanes. These design features include turbofan engines and engine location, for which the applicable regulations do not contain adequate or appropriate airworthiness standards. These special conditions contain the additional airworthiness 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 establishing permanent special local regulations for ``Ragin' on the River'', a power boat race held annually each Labor Day weekend on the waters of the Susquehanna River adjacent to Port Deposit, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Susquehanna River adjacent to Port Deposit, Maryland during the power boat race.

In the final rule, Certification and Operation Rules for Certain Large Airplanes, which the FAA published in the Federal Register on October 9, 1980, the FAA revoked part 123, effective January 1, 1983. However, references to part 123 remain in part 43. The purpose of this action is to remove those references. In addition, we are taking this opportunity to make some minor editorial corrections to part 43.

This final rule amends the Export Administration Regulations (EAR) to clarify the civil monetary penalties that BIS may impose for violations of the EAR during periods when the EAR are continued under the Export Administration Act, of 1979, as amended, the International Emergency Economic Powers Act, as amended, or other statutory authority. BIS is revising the EAR to reflect amendments to the International Emergency Economic Powers Act made by the USA PATRIOT ACT Improvement and Reauthorization Act of 2005.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2006 A and B season total allowable catch (TAC) of Pacific cod to be harvested.

As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2007.

NMFS issues a final rule to amend the Individual Fishing Quota (IFQ) Cost Recovery Program for the Halibut and Sablefish IFQ and the Bering Sea and Aleutian Islands (BSAI) Crab Rationalization Programs. This action modifies the procedure NMFS uses to publish notification of adjustment of the IFQ fee percentage for the IFQ Cost Recovery Program in the Halibut and Sablefish IFQ and the Crab Rationalization Programs. This action is necessary to provide timely and efficient notice of fee obligations while ensuring consistency with all applicable statutes. This action is intended to improve the fee collection methods required for all Alaska IFQ programs under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and is necessary to promote the objectives of the Magnuson-Stevens Act with respect to the IFQ fisheries managed by NMFS in the Alaska Region.

A determination has been made that seven entities have engaged in activities that require the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000, which provides for penalties on entities for the transfer to Iran since January 1, 1999, of equipment and technology controlled under multilateral export control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile systems. The latter category includes (a) items of the same kind as those on multilateral lists, but falling below the control list parameters, when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, (b) other items with the potential of making such a material contribution, when added through case-by-case decisions, and (c) items on U.S. national control lists for WMD/missile reasons that are not on multilateral lists.

We are proposing to amend the regulations governing the importation of animal byproducts to require that untanned swine hides and skins from regions with African swine fever and bird trophies from regions with exotic Newcastle disease go directly to an approved establishment upon importation into the United States. We would also set out certain requirements for the importation of untanned bovine, deer, and other ruminant hides and skins into the United States from Mexico to prevent the spread of bovine babesiosis. These proposed requirements would provide for the importation of these articles under conditions intended to prevent the introduction of African swine fever, bovine babesiosis, and exotic Newcastle disease.

Pursuant to the Federal Advisory Committee Act (Pub. L. 92- 463), notice is hereby given that the Clean Air Act Advisory Committee will hold its next open meeting on Thursday, September 14, 2006. The meeting is open to the public to attend and will begin at approximately 8:30 a.m. to 4 p.m. at the Marriott Crystal City at Reagan National Airport, 1999 Jefferson Davis Highway Arlington, VA 22202. The Subcommittee meetings will be held on September 12 and 13 starting approximately at 8:30 a.m to 4:30 p.m. at the same location as the full Committee. Seating will be available on a first come, first served basis. The Mobile Source Technical Review subcommittee will not meet at this time. The agenda for the full committee meeting will be posted on the CAAAC Web site: https://www.epa.gov/oar/caaac/. EPA established the Clean Air Excellence Awards Program in February, 2000. This is an annual awards program to recognize outstanding and innovative efforts that support progress in achieving clean air. This notice announces the competition for the Year 2006 program.

While EPA has no objection to the proposed action, EPA did request clarification of fisheries benefits and feasibility of implementing Alternative 3. Rating LO.

This notice announces a teleconference of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92- 463; 86 Stat. 770) requires that public notice of these teleconferences be announced in the Federal Register.

The National Environmental Education and Training Foundation was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501(c)(3) non- profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation supports a grant program that promotes innovative environmental education and training programs; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency, as required by the terms of the Act, announces the following appointment to the National Environmental Education and Training Foundation, Inc. Board of Trustees. The appointees are Kenneth Strassner, Vice PresidentGlobal Environment, Safety, Regulatory and Scientific Affairs, Kimberly-Clark Corporation and Dr. Bradley F. Smith, Dean of Huxley College of the Environment at Western Washington University. The appointees will join the current Board members which include: J.L. Armstrong, National Manager, Diversity Development, Toyota Motor Sales, USA Braden Allenby, Vice President, Environment, Health and Safety, AT&T Raymond Ban, Executive Vice President, Meteorology Science and Strategy, The Weather Channel, Inc. Richard Bartlett, (NEETF Chairman) Vice Chairman, Mary Kay Holding Corporation Holly Cannon, Principal of the Law Firm Beveridge&Diamond Arthur Gibson, Vice President, Environment, Health&Safety, The Home Depot, Inc. Dorothy Jacobson, Consultant Karen Bates Kress, President, KBK Consulting, Inc. Dorothy McSweeny, (NEETF Vice Chair), Chair, DC Commission on the Arts and Humanities Honorable William Sessions, former Director of the Federal Bureau of Investigation. Additional Considerations: Great care has been taken to assure that these new appointees not only have the highest degree of expertise and commitment, but also brings to the Board diverse points of view relating to environmental education and training. These appointments shall be for four year terms.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.