September 23, 2008 – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the NIST Blue Ribbon Commission on Management and Safety, National Institute of Standards and Technology (NIST) will meet Monday, October 6, from 9 a.m.-4 p.m., in the NIST laboratory in Boulder, CO. This notice is the second meeting of the Blue Ribbon Commission on Management and Safety. The purpose of this meeting is to continue a high level review of NIST's management structure and systems as they relate to safety at the Institute. The Commission will ultimately provide consensus advice to the Department of Commerce on whether (a) The training, safety, security, and response protocols, (b) the implementation of those protocols and internal controls, and (c) the management structure at NIST are appropriate to ensure safe operations of all NIST programs. The agenda for this meeting will focus on NIST safety and management structure at the Boulder laboratories. The agenda may change to accommodate Commission business. The final agenda will be posted on the NIST Web site at https://www.nist.gov/director/blueribbon/.

In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the Office of Science Education, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval. Proposed Collection Title: The Effectiveness of the NIH Curriculum Supplements Programs Survey. Information Collection Request: New. Need and Use of Information Collection: The survey will attempt to assess customer demographics and their satisfaction with the NIH curriculum supplements in presenting science in a more engaging and interactive way. The supplements help K-12 educators teach science by featuring the latest NIH research and utilized research-based instructional methods. A typical supplement contains two weeks of student activities on the science behind a health topic, such as cancer, sleep or obesity. Web-based simulations, animations and experiments enhance the ``pencil and paper'' activities. In addition to developing and distributing the supplements, OSE conducts professional workshops to help teachers successfully implement these lessons with their students. Since January 2000, over 6,000 teachers have attended an OSE workshop. Assessing the effectiveness of the NIH curriculum supplements and teacher workshops is critical to determining if OSE is successfully fulfilling its mission. OSE has the database infrastructure in place to easily collect data from supplement requesters and workshop attendees. At present, we do not have clearance to contact our customers to determine how NIH resources are meeting their educational needs.

In this document, the Federal Communications Commission (Commission) finds that a short period of additional time will permit all interested parties to file more thorough and thoughtful comments on a July 11, 2008 petition for Declaratory Ruling (Petition) filed by CTIAThe Wireless Association (CTIA). In its Petition, CTIA asked the Commission to clarify the provisions of section 332(c)(7)(B)(v) of the Communications Act, as amended, that CTIA contends are ambiguous and that have been unreasonably interpreted. CTIA further requested that the Commission preempt local ordinances and state laws that it believes violate section 253(a) of the Communications Act, as amended. The Commission states that an extension of time for comments and reply comments should lead to a more complete and better-informed record, and thus, it finds that good cause exists to provide all parties an extension of time for filing comments and reply comments on the Petition.

The Food and Drug Administration (FDA) is announcing its intention to take enforcement action against unapproved ophthalmic balanced salt solutions for irrigation of the eye during surgery and persons\1\ who manufacture or cause the manufacture of such products or their shipment in interstate commerce. Unapproved ophthalmic balanced salt solutions have been associated with adverse events, some of them leading to permanent loss of visual acuity, because of contamination of the product or other product defects. Ophthalmic balanced salt solutions are new drugs that require approved applications because they are not generally recognized as safe and effective. Two firms have approved applications to market these products. Manufacturers who wish to market ophthalmic balanced salt solutions must obtain FDA approval of a new drug application (NDA) or an abbreviated new drug application (ANDA).

The plats of survey of the described lands were officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, on dates indicated.

NMFS authorizes green[dash]stick gear for the harvest of Atlantic tunas, including bluefin tuna (BFT), and requires a sea turtle control device in Atlantic Highly Migratory Species (HMS) pelagic longline (PLL) and bottom longline (BLL) fisheries. At this time, NMFS is not authorizing harpoon gear for the harvest of Atlantic tunas in the Highly Migratory Species (HMS) Charter/Headboat (CHB) category as originally proposed. The purpose of this final rule is to ensure fishermen harvest Atlantic tunas within quotas, size limits, or other established limitations and to distinguish green[dash]stick fishing gear from current definitions of other authorized gear types. This final rule also addresses use of sea turtle control devices in the PLL and BLL fisheries to achieve and maintain low post[dash]release mortality of sea turtles thus maintaining consistency with the 2004 Biological Opinion (BiOp) for the Atlantic PLL fishery and to increase safety at sea for fishermen when handling sea turtles caught or entangled in longline fishing gear. NMFS also has revised its list of equipment models that NMFS has approved as meeting the minimum design specifications for the careful release of sea turtles caught in hook and line fisheries.

NMFS is correcting regulatory text implementing measures that were approved as part of Framework Adjustment 19 (Framework 19) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). This correction specifies the September 1 through October 1 Elephant Trunk Sea Scallop Access Area (ETAA) seasonal closure, which was inadvertently removed from the regulations in the final rule for Framework 19. This rule also corrects an incorrect reference to the Nantucket Lightship Access Area included in the regulations for the ETAA, and includes the total allowable catch (TAC) values.

The Federal Transit Administration (FTA) and the Hennepin County Regional Railroad Authority (HCRRA) are planning to prepare an environmental impact statement (EIS) for the proposed Southwest Transitway Project, a 14-mile corridor of transportation improvements that links Eden Prairie, Minnetonka, Edina, Hopkins, St. Louis Park, and Minneapolis neighborhoods and downtown Minneapolis. The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA), Minnesota Environmental Policy Act (MEPA) as well as provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The purpose of this Notice of Intent (NOI) is to alert interested parties regarding the plan to prepare the EIS to provide information on the nature of the proposed transit project, to invite participation in the EIS process, including comments on the scope of the EIS, including the project purpose and need, the alternatives to be studied, and the potential social, economic, environmental and transportation impacts to be evaluated.

The Office of Justice Programs (OJP) announces that the Review Panel on Prison Rape (Panel), will hold hearings in Springfield, Massachusetts, on September 24, 2008, and in Washington, DC, on September 30 and October 1, 2008. The hearing times and location are noted below. The purpose of the hearings is to assist the Bureau of Justice Statistics (BJS) in identifying common characteristics of victims and perpetrators of prison rape, and prison and prison systems with the highest and lowest incidence of prison rape. On June 25, 2008, BJS issued the report Sexual Victimization in Local Jails Reported by Inmates, 2007. The report provides a listing of local jails ranked according to the prevalence of sexual victimization, and formed the basis of the Panel's decision about which facilities would be the subject of testimony.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) and Analysis to the Office of Management and Budget (OMB) requesting a revision of its approval for the following collection of information: 1625-0040, Continuous Discharge Book, Application, Physical Exam Report, Sea Service Report, Chemical Testing, Entry Level Physical. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.

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 to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on November 30, 2008. 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.

This order withdraws approximately 472 acres of lands from surface entry and mining, and transfers jurisdiction of the lands to the U.S. Fish and Wildlife Service to be managed as part of the Sacramento River National Wildlife Refuge. The lands will remain open to mineral and geothermal leasing, and mineral material sales.

The Coast Guard is establishing a safety zone on the navigable waters of Lake Havasu on the lower Colorado River in support of the IJSBA World Finals. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

The Coast Guard is establishing a 420-foot radius safety zone on the Atlantic Ocean in the vicinity of the 14th Street Fishing Pier, Virginia Beach, Virginia, in support of the Neptune Festival Fireworks event. This action is intended to protect mariners from the hazards associated with fireworks displays by restricting vessel traffic movement in the vicinity of the event.

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, In the Matter of: Amber Oil Site; 1016 N. Hawley Road; Milwaukee, Wisconsin, Agreement for Payment of Past Response Costs, U.S. EPA Region 5 CERCLA Docket No. V-W-'08-C-911. This proposed settlement agreement for payment of U.S. EPA's past response costs includes a compromise of some past response costs incurred by U.S. EPA in connection with the Amber Oil site in Milwaukee, Wisconsin. U.S. EPA is entering into the proposed Agreement with the following twenty-three settling parties: AAA Sales & Engineering, Inc.; AD-Tech Industries, Inc.; Metso Paper USA, Inc. (fka Beloit-Manhattan); Black and Decker Corporation; F. Ziegler Enterprises; Galland-Henning-Nopak, Inc.; Intermet Corporation (fka Ganton Technologies); Leggett & Platt, Inc.; MeadWestvaco Corporation (fka Mead Container); Milwaukee Wire Products; Muza Metal Products; Kraft Foods Global, Inc. (fka Oscar Mayer); Pioneer Products, Inc.; Epicor Industries, Inc. (fdba Plews/ Edelmann); Brunswick Corporation (fka Roadmaster Corp.); Alliance Laundry Systems, LLC (fka Speed Queen Co.); Toolrite Manufacturing Co., Inc.; U.S. Chrome Performance Coating; Warner Electric; Wisconsin Central Ltd.; Metak Tek Inernational, Inc. (aka Wisconsin Centrifugal); Wisconsin Knife Works; and Wrought Washer Mfg., Inc. The settlement requires the settling parties to reimburse the U.S. EPA Hazardous Substance Superfund $190,000 of U.S. EPA's costs of $194,269 incurred as of January 31, 2008. The settlement includes a covenant not to sue the settling parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The U.S. EPA's response to any comments received will be available for public inspection at the site record repository in the West Allis Public Library, 7421 West Nation Avenue, Milwaukee, Wisconsin, and at the U.S. EPA Record Center, Room 714, U.S. EPA, 77 West Jackson Boulevard, Chicago, Illinois. This is the second consent agreement concerning the Amber Oil Site in Milwaukee. An earlier administrative settlement with 55 different settling parties, In the Matter of Amber Oil Site, U.S. EPA Docket No. V-W-'04-C-780 was finalized in 2004. Pursuant to that Agreement, those other 55 settling parties committed to perform the clean-up of the Amber Oil Site, and pay past, intermediate, and oversight costs as defined in that administrative settlement. Past costs in the amount of $155,591 were compromised under that earlier Agreement in consideration of the 55 settling parties' commitment to perform the removal and pay the costs described above. That $155,591 in compromised costs is part of the $194,269 U.S. EPA sought to recover in February 2008, $190,000 of which these 23 settling represents are committing to pay pursuant to the proposed Amber Oil Site Agreement, U.S. EPA Region 5 Docket No. V- W-'08-C-911, which Agreement is the subject of this notice of solicitation of public comment.

FMCSA announces its decision to exempt 23 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.

Under 49 U.S.C. 10502, the Board, on its own motion, is exempting a discontinuance from the prior approval requirements of 49 U.S.C. 10903 for Springfield Terminal Railway Company to discontinue its operations over an approximately 43.81-mile rail line extending from milepost 7.3 to milepost 51.11 in Cumberland and Oxford Counties, ME. This exemption is subject to employee protective conditions.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Boeing Model 767 series airplanes. The original NPRM would have superseded an existing AD that currently requires a one-time inspection for missing, damaged, or incorrectly installed parts in the separation link assembly on the deployment bar of the emergency escape system on the entry or service door, and installation of new parts if necessary. The original NPRM proposed to require replacing the separation link assembly on the applicable entry and service doors with an improved separation link assembly, and related investigative and corrective actions if necessary. The original NPRM also removed certain airplanes from the applicability. The original NPRM resulted from reports that entry and service doors did not open fully during deployment of emergency escape slides, and additional reports of missing snap rings. This action revises the original NPRM by adding a new inspection for discrepancies of the unloaded spring dimensions in the separation link assembly, and corrective actions if necessary. We are proposing this supplemental NPRM to prevent failure of an entry or service door to open fully in the event of an emergency evacuation, which could impede exit from the airplane. This condition could result in injury to passengers or crewmembers.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the CL-600-2C10/CL-600-2D24 aircraft fuel system against new fuel tank safety standards. The assessment showed that due to the close proximity of intrinsically safe fuel system wiring with other wiring, a single failure from wire chafing at various locations of the fuselage could result in an ignition source inside the fuel tank. In addition, chafing of the temperature sensor wiring against the high power wiring in the avionics compartment could lead to overheating of the temperature sensor and hot surface ignition. The presence of an ignition source inside the fuel tank could result in a fuel tank explosion. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.