July 2008 – Federal Register Recent Federal Regulation Documents

The Commission will consider a Memorandum Opinion and Order addressing a complaint and other filings concerning Comcast's network management practices. 2........................ Office of Managing Director..... Title: Assessment and Collection of Regulatory Fees for Fiscal Year 2008 (MD Docket No. 08-65, RM- 11312). Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking pursuant to section 9 of the Communications Act of 1934, as amended, to recover the regulatory costs associated with the Commission's enforcement, policy and rulemaking, user information, and international activities for Fiscal Year 2008 and to seek comment on changes, if any, to the regulatory fee assessment process in the future. 3........................ Wireless Tele-Communications.... Title: Applications of Cellco Partnership d/b/a Verizon Wireless and Rural Cellular Corporation for Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager Leases and Petitions for Declaratory Ruling (WT Docket No. 07- 208). Summary: The Commission will consider a Memorandum Opinion and Order and Declaratory Ruling regarding the applications of Cellco Partnership d/b/a Verizon Wireless and Rural Cellular Corporation (``RCC'') for consent to the transfer of control of licenses, authorizations, and spectrum manager leasing arrangements held by RCC and its subsidiaries from RCC to Verizon Wireless and the petitions for declaratory ruling filed pursuant to section 310(b)(4) requesting that the Commission find that it is in the public interest to extend to RCC and its subsidiaries the foreign ownership ruling previously issued to Verizon Wireless for foreign ownership in excess of 25 percent.

The Director of the Office of Ecosystem Protection, EPA-New England, is today providing notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permits for noncontact cooling water (NCCW) discharges to certain waters of the Commonwealth of Massachusetts (including both Commonwealth and Indian country lands) and the State of New Hampshire. The general permits replace the NCCW general permits which expired on April 25, 2005. The general permits establish permit eligibility conditions, Notice of Intent (NOI) requirements, effluent limitations, standards, prohibitions, and management practices for facilities discharging NCCW. Owners and/or operators of facilities discharging NCCW, including those currently authorized to discharge under the expired general permits, are required to submit an NOI to be covered by one of the general permits to both EPA-New England and the appropriate State agency. EPA and the State will review the NOI and the facility will receive written notification from EPA stating whether permit coverage and authorization to discharge under one of the general permits is approved. The eligibility requirements for coverage under the general permits are discussed in detail under Part 3 of the permits. The reader is strongly urged to go to that section of the general permits to determine eligibility. The general permits do not cover new sources as defined at 40 CFR 122.2.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ((CERCLA(), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement agreement pursuant to section 122(h)(1) of CERCLA for recovery of past response costs incurred by EPA in connection with the Sterling Morton High School Superfund Site, located in the Town of Cicero, Cook County, Illinois (the ``Site''). The proposed settlement has been approved by the Deputy Section Chief of the Environmental Enforcement Section of the Environment and Natural Resources Division of the U.S. Department of Justice. Under the terms of the proposed settlement agreement, within fifteen (15) days of its effective date the following parties will pay $550,000 to the Hazardous Substances Superfund: J. Sterling Morton High School District 201; Amphenol Corporation; Berkshire Investments LLC; Chemtura Corporation; CSX Transportation, Inc.; E.I. Du Pont de Nemours and Company; Getronics NV; Honeywell International Inc.; Total Logistics Control, LLC; and Vesper Holdings LLC. In each of the nine years subsequent to the effective date of the proposed agreement, J. Sterling Morton High School District 201 will pay an additional $50,000. The settlement represents recovery of approximately 91% of the response costs incurred by the Agency in connection with the time- critical removal action conducted by EPA at the Site, plus interest. In exchange for payment, the United States covenants not to sue or take administrative action pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), to recover past response costs. In addition, the settling parties are entitled to protection from contribution actions or claims for past response costs, as provided by sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(h)(4). For thirty (30) days after the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement. The Agency will consider all comments received, and may withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate.

We are amending the regulations governing the interstate movement of fruit from an area quarantined for citrus canker to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement ``Limited Permit: USDA-APHIS-PPQ.'' We are extending the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. This action provides for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a site-specific environmental assessment and pest risk assessment relative to a request to allow the interstate movement of garbage from Hawaii to a landfill in the State of Oregon. The environmental assessment has been prepared to determine whether the request is consistent with the environmental effects and impacts analyzed in our March 2008 regional programmatic environmental assessment as well as to evaluate potential site-specific environmental impacts of the proposed action. The pest risk assessment evaluates the risks associated with the interstate movement of garbage from Hawaii to Oregon. We are making these documents available to the public for review and comment.

On December 3, 2007, the Department published a notice of opportunity to request an administrative review of the countervailing duty order on carbazole violet pigment 23 from India. On December 31, 2007, Nation Ford Chemical Company and Sun Chemical Corporation, the petitioners, requested that the U.S. Department of Commerce (the Department) conduct an administrative review of two manufacturer/ exporters of subject merchandise, Alpanil Industries Limited (Alpanil) and Pidilite Industries Limited (Pidilite). The petitioners were the only party to request this administrative review. The review was initiated on January 28, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 2008). The period of review (POR) is from January 1, 2006 through December 31, 2006. Petitioners withdrew their request for administrative review on April 25, 2008.

The U.S. Office of Personnel Management published a document in the Federal Register on December 21, 2007, announcing the final approval of a demonstration project plan for the U.S. Department of Energy's National Nuclear Security Administration. The document contained three errors.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of guidance to promote implementation of the Endangered Species Act. The guidance describes a crediting framework for Federal agencies in carrying out recovery measures for threatened and endangered species. The text of the guidance is included in this notice. Under the guidance, Federal agencies may show how adverse effects of agency activities to a listed species are offset by beneficial effects of actions taken elsewhere for that species. The combined effects of the adverse and beneficial actions must provide a net benefit to the recovery of the species.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Channels of Trade Policy for Commodities With Residues of Pesticide Chemicals, for Which Tolerances Have Been Revoked, Suspended, or Modified by the Environmental Protection Agency Pursuant to Dietary Risk Considerations'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).

The National Urban and Community Forestry Advisory Council, (NUCFAC) will be filling three positions that will be expiring at the end of December 2008. Interested applicants may download a copy of the application and position descriptions from the U.S. Forest Service's Urban and Community Forestry Web site: https://www.fs.fed.us/ucf/.

Notice is hereby given that NMFS has received an application from the Washington Department of Fish and Wildlife (WDFW), for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is ten years. This document serves to notify the public of the availability for comment of the permit application. All comments received will become part of the public record and will be available for review pursuant to the ESA.

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.

This document informs owners and operators of facilities located within Captain of the Port Zones Charleston, Long Island Sound, Jacksonville, and Savannah that they must implement access control procedures utilizing TWIC no later than December 1, 2008.

The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. The full submission may be found at: https://www.reginfo.gov/public/do/ PRAMain. This is the second notice; the first notice was published at 73 FR 30421 and no comments were received. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 72517th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send e-mail to splimpto@nsf.gov. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed revision of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Illinois (FEMA-1771-DR), dated 06/24/2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing. Effective Date: 07/16/2008. Physical Loan Application Deadline Date: 08/25/2008.

The NRC is conducting a public meeting to solicit early public input on major issues associated with the use of certain forms of cesium chloride (CsCl) currently used by NRC- and Agreement State- licensees. To aid in that process, the NRC is requesting comments on the issues discussed in this notice. While the NRC has not initiated rulemaking on this subject, we are utilizing the conventionally established rulemaking comment channels. Additionally, the NRC is requesting names of individuals to participate at the public meeting in a roundtable discussion of the issues discussed in Sections II and III of this notice.

The Nuclear Regulatory Commission (NRC) is announcing the availability of Research Information Letter (RIL) 0801, ``Technical Basis for Revision of Embrittlement Criteria in 10 CFR 50.46'' and NUREG/CR-6967, ``Cladding Embrittlement During Postulated Loss-of- Coolant Accidents,'' and is seeking public comment on these documents. The NRC is soliciting comment on the subject documents to confirm that a sufficient technical basis exists to proceed with new performance- based regulations on emergency core cooling system (ECCS) acceptance criteria, and to identify issues that may arise with respect to experimental data development or regulatory costs or impacts of new requirements.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on May 8, 2008. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 31, General Domestic Licenses for Byproduct Material. 3. Current OMB approval number: 3150-0016. 4. The form number if applicable: N/A. 5. How often the collection is required: Reports are submitted as events occur. General license registration requests may be submitted at any time. Changes to the information on the registration may be submitted as they occur. 6. Who will be required or asked to report: Persons receiving, possessing, using, or transferring devices containing byproduct material. 7. An estimate of the number of annual responses: 35,663 (1,073 NRC responses + 3,900 NRC recordkeepers + 11,290 Agreement State responses + 19,400 Agreement State recordkeepers). 8. The estimated number of annual respondents: Approximately 3,900 NRC general licensees and 19,400 Agreement State general licensees. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 10,868 hours (1,460 hours for NRC licensees [485 hours reporting and 975 hours recordkeeping] and 9,408 hours for Agreement State licensees [4,558 hours reporting and 4,850 hours recordkeeping]). 10. Abstract: 10 CFR Part 31 establishes general licenses for the possession and use of byproduct material in certain devices. General licensees are required to keep testing records and submit event reports identified in Part 31, which assist NRC in determining with reasonable assurance that devices are operated safely and without radiological hazard to users or the public. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 2, 2008. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1773-DR), dated 06/28/ 2008. Incident: Severe Storms and Flooding. Incident Period: 06/01/2008 and continuing through 07/18/2008. Effective Date: 07/18/2008. Physical Loan Application Deadline Date: 08/27/2008. EIDL Loan Application Deadline Date: 03/30/2009.