August 5, 2008 – Federal Register Recent Federal Regulation Documents

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on light-walled rectangular pipe and tube (LWRP) from the People's Republic of China (PRC). On July 28, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Light-Walled Rectangular Pipe and Tube from China, USITC Pub. 4024, Investigation Nos. 701-TA-449 and 731-TA-1118 (Final) (July 2008).

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance document entitled ``Guidance for the Public and FDA Staff on Convening Advisory Committee Meetings.'' This draft guidance is intended to provide guidance on when FDA should consider referring a matter to an advisory committee. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of four guidances intended to improve FDA's advisory committee procedures.

The Food and Drug Administration (FDA) is announcing the availability of a guidance document for the public, FDA advisory committee members, and FDA staff entitled ``Guidance for the Public, FDA Advisory Committee Members, and FDA Staff: Public Availability of Advisory Committee Members' Financial Interest Information and Waivers.'' This guidance is intended to help the public, FDA advisory committee members, and FDA staff to understand and implement FDA procedures regarding public availability of information regarding certain financial interests and waivers granted by FDA to permit individuals to participate in an advisory committee meeting. The guidance announced in this notice finalizes the draft guidance of the same title dated October 2007 and FDA's ``Draft Guidance on Disclosure of Conflicts of Interest for Special Government Employees Participating in FDA Product Specific Advisory Committees'' dated January 2002. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of three additional guidances, and one draft guidance, intended to improve FDA's advisory committee procedures.

The Food and Drug Administration (FDA) is announcing the availability of a document entitled ``Guidance for Industry: Advisory Committee MeetingsPreparation and Public Availability of Information Given to Advisory Committee Members,'' dated August 2008. This document provides guidance to industry sponsors, applicants, and petitioners who develop, prepare, or submit briefing materials that will be given to advisory committee members as background information before an open FDA advisory committee meeting. The guidance announced in this notice finalizes the draft guidance of the same title dated February 2007. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of three additional guidances and one draft guidance, intended to improve FDA's advisory committee procedures.

This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations (``CFR'') which were published in the Federal Register on June 29, 2007, as CBP Dec. 07-51 to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement signed by the United States and the Kingdom of Morocco.

A major activity of the Climate Change Science Program (CCSP) is the production of a series of twenty-one Synthesis and Assessment Products (SAPs) that are designed to inform and aid decision making by policy makers, resource managers, stakeholders, the media, and the general public on issues related to global climate change. The Unified Synthesis Product (USP) Development Committee (USPDC), established by a Decision Memorandum on February 29, 2008, is the Federal Advisory Committee charged with responsibility to develop a draft USP that will synthesize the information contained in these 21 SAPs in the context of other recent climate and global change scientific studies and formal assessments.

NMFS has received an application from Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, for an Incidental Harassment Authorization (IHA) to take marine mammals incidental to conducting a marine seismic survey in the Gulf of Alaska during September 2008. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to L-DEO to incidentally take, by Level B harassment only, small numbers of several species of marine mammals during the aforementioned activity.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Texas (FEMA 1780DR), dated 07/24/2008. Incident: Hurricane Dolly. Incident Period: 07/22/2008 and continuing. Effective Date: 07/24/2008. Physical Loan Application Deadline Date: 09/22/2008. Economic Injury (EIDL) Loan Application Deadline Date: 04/24/2009.

This is an amendment of the Presidential declaration of a major disaster for the State of Nebraska (FEMA1770DR), dated 06/20/ 2008. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 05/22/2008 through 06/24/2008. Effective Date: 07/29/2008. Physical Loan Application Deadline Date: 08/19/2008. EIDL Loan Application Deadline Date: 03/20/2009.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Nebraska (FEMA1770DR), dated 06/20/2008. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 05/22/2008 through 06/24/2008. Effective Date: 07/29/2008. Physical Loan Application Deadline Date: 08/19/2008.

EPA is publishing a revised list of pesticide registration service fees applicable to specified pesticide applications and tolerance actions. Under the Pesticide Registration Improvement Renewal Act, the registration service fees for covered pesticide registration applications received on or after October 1, 2008, increase by 5% rounding up to the nearest dollar from the fees published for fiscal year 2008, and certain decision review periods have been reduced. The new fees and decision review periods become effective on October 1, 2008.

This final rule amends a provision in Federal Motor Vehicle Safety Standard (FMVSS) No. 213 that specifies that child restraints manufactured on or after August 1, 2008 are tested by NHTSA with the Hybrid III version of the 6-year-old child dummy. NHTSA is postponing the August 1, 2008 date to August 1, 2010. The August 1, 2010 date provides NHTSA time to consider comments on seating procedures proposed earlier this year for the dummy and to complete an evaluation of technical issues relating to the use of the Hybrid III dummy in FMVSS No. 213, and provides the public more time to become experienced with testing with the dummy. As a result of this final rule, FMVSS No. 213 will permit, at the manufacturer's option, the use of either the Hybrid II or Hybrid III 6-year-old dummy in compliance tests of child restraints manufactured on or before August 1, 2010. Child restraints manufactured on or after August 1, 2010 will be tested with the Hybrid III 6-year-old child test dummy.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document titled, ``Interim Report of the U.S. EPA Global Change Research Program Assessment of the Impacts of Global Change on Regional U.S. Air Quality: A Preliminary Synthesis of Climate Change Impacts on O3'' (EPA/600/R-07/094). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. The public comment period, announced in (73 FR 39695), and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA has released this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. EPA invites the public to register to attend this workshop as observers. In addition, EPA invites the public to give oral and/or provide written comments at the workshop regarding the draft document under review. The draft document and EPA's peer-review charge are available primarily via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at www.epa.gov/ ncea. In preparing a final report, EPA will consider the Versar, Inc. report of the comments and recommendations from the external peer- review workshop and any public comments that EPA receives in accordance with this notice.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2008-XXXX at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.- flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

The Commission requests comments on a channel substitution proposed by KPTH License, Inc. (``KPTH''), pre-transition digital channel 49, and assignee of post-transition digital channel 44, Sioux City, Iowa. KPTH requests the substitution of channel 49 for post- transition digital channel 44 at Sioux City, Iowa.

In this document, the Consumer and Governmental Affairs Bureau (Bureau) responds to requests for guidance concerning the transferability of Commission certification of Internet-based TRS providers as eligible for compensation from the Interstate TRS Fund (Fund). The Bureau clarifies that such certification is not transferable.

The Commission requests comments on a channel substitution proposed by KBMY-KBCY, LLC (``KBMY''), the licensee of KBMY(TV), analog channel 17, and KBMY-DT, DTV channel 16, Bismarck, North Dakota. KBMY requests the substitution of DTV channel 17, for DTV channel 16 at Bismarck.

The Commission requests comments on a channel substitution proposed by Prairie Public Broadcasting, Inc. (``PPB''), the licensee of noncommercial educational station KWSE-DT, DTV channel *51, Williston, North Dakota. PPB requests the substitution of DTV channel *11 for channel *51 at Williston.

The Administrator, Southwestern Power Administration (Southwestern), has prepared Current and Revised 2008 Power Repayment Studies that show the need for an increase in annual revenues to meet cost recovery criteria. Such increased revenues are required primarily due to increases in U.S. Army Corps of Engineers' operations and maintenance estimates. The Administrator has developed a proposed Robert D. Willis rate schedule, which is supported by a power repayment study, to recover the required revenues. Beginning October 1, 2008, the proposed rates would increase annual revenues approximately 14.0 percent from $815,580 to $929,388.

We, the U.S. Fish and Wildlife Service (FWS), intend to serve as the lead agency, pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, in the preparation of a joint EIS/EIR for the California Department of Fish and Game's (CDFG) Fish Hatchery and Stocking Program (Program). Under the Sport Fish Restoration Act (SFRA), FWS currently proposes to fund actions associated with the operation of CDFG's 13 trout hatcheries (listed below) and the Mad River anadromous fish hatchery, including stocking from those 14 hatcheries. The Federal action would not include funding CDFG's private stocking permit program. The CDFG will serve as the lead agency under the California Environmental Quality Act (CEQA) analyzing the hatcheries' operations funded by the SFRA, as well as CDFG's entire fish hatchery program. This notice announces two public scoping meetings on our intended actions.

The U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Regulatory Research (RES), in cooperation with the Electric Power Research Institute (EPRI), will hold a joint course on fire probabilistic risk assessment (PRA). Since 2002, RES and EPRI, under a Memorandum of Understanding (MOU) on Cooperative Nuclear Safety Research, have been developing state-of-the-art methods for conduct of fire PRA. In September 2005, this work produced the ``EPRI/NRC-RES Fire PRA Methodology for Nuclear Power Facilities,'' NUREG/CR-6850 (EPRI 1011989). The course covers this state-of-the-art methodology. Purpose: To provide training for users of ``EPRI/NRC-RES Fire PRA Methodology for Nuclear Power Facilities,'' NUREG/CR-6850 (EPRI 1011989).

The Food and Drug Administration (FDA) is announcing the availability of the draft guidance entitled ``Humanitarian Device Exemption (HDE) Regulation: Questions and Answers.'' This draft guidance answers commonly asked questions about Humanitarian Use Devices (HUDs) and applications for HDE. This draft guidance is neither final nor is it in effect at this time.