March 3, 2009 – Federal Register Recent Federal Regulation Documents
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Outer Continental Shelf Air Regulations Consistency Update for Alaska
EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources in the State of Alaska. The intended effect of approving the OCS requirements for the State of Alaska is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption-Class I Hazardous Waste Injection Rubicon, LLC
Notice is hereby given that an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act has been granted to Rubicon, LLC, (Rubicon) for four Class I injection wells located at Geismar, Louisiana. As required by 40 CFR part 148, the company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by the petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the underground injection by Rubicon of the specific restricted hazardous wastes identified in this exemption into Class I hazardous waste injection wells Nos. 1, 3, 4 and 5 at the Geismar, Louisiana facility, until December 31, 2025, unless EPA moves to terminate this exemption under provisions of 40 CFR 148.24. Additional conditions included in this final decision may be reviewed by contacting the Region 6 Ground Water/UIC Section. As required by 40 CFR 148.22(b) and 124.10, a public notice was issued on December 23, 2008. The public comment period closed on February 9, 2009. No comments were received. This decision constitutes final Agency action, and there is no administrative appeal. This decision may be reviewed/appealed in compliance with the Administrative Procedure Act.
Notice of Disclosure Pursuant To Court Order of Possible Confidential Business Information Obtained Under the Comprehensive Environmental Response, Compensation and Liability Act
EPA regulations provide that EPA may, in special circumstances, disclose business information, including confidential business information, ``in any manner and to the extent ordered by a Federal Court.'' See 40 CFR 2.209(d). EPA is currently engaged in litigation with the Potentially Responsible Parties (``PRPs'') in connection with the Modesto Groundwater Superfund Site (``Site'') in California (U.S. v. Lyon, et al., Case No. 07-CV-00491 LJO GSA). A Stipulation and Order Protecting Confidential Information, dated January 22, 2009, providing procedures for the release of confidential business information in that case, has been entered at the United States Federal District Court for the Eastern District of California (hereinafter ``Court Order''). EPA intends to release to the PRPs and to third-party defendants documentation, including but not limited to documentation of EPA's past costs at the Site, which may contain confidential business information, pursuant to that Court Order.
Submission for OMB Review; Comment Request
On February 25, 2009, the Department of Education published a comment period notice in the Federal Register (Page 8515, Column 2) for the information collection, ``Federal Family Education Loan (FFEL) Deferment Request Forms''. This notice amends the invitation for comment period for interested persons to March 27, 2009. The IC Clearance Official, Regulatory Information Management Services, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Proposed Agency Information Collection Activities; Comment Request
In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Export of Food and Drug Administration Regulated Products: Export Certificates
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.
Motor Carrier Safety Advisory Committee Public Meeting
FMCSA announces that the Motor Carrier Safety Advisory Committee (MCSAC) will hold a committee meeting. The meeting is open to the public.
Migratory Bird Hunting; Application for Approval of Tungsten-Iron-Fluoropolymer Shot as Nontoxic for Waterfowl Hunting
We, the U.S. Fish and Wildlife Service, announce that Tundra Composites, LLC, of White Bear Lake, Minnesota, has applied for our approval of shot composed of alloys of tungsten, iron, and fluoropolymer as nontoxic for waterfowl hunting in the United States. The alloys are 41.5 to 95.2 percent tungsten, 1.5 to 52.0 percent steel, and 3.5 to 8.0 percent fluoropolymer by weight. We have initiated review of the shot under the criteria we have set out in our nontoxic shot approval procedures in our regulations.
Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes: Proposed Delay in Effective Date
In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009, FMCSA is seeking public comment on a contemplated delay of 90 days in the effective date of its January 16, 2009, final rule entitled ``Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers over Regular Routes.'' The final rule announced the discontinuation of the administrative requirement that applicants seeking for-hire authority to transport passengers over regular routes submit a detailed description and a map of the route(s) over which they propose to operate. The effective date of the rule is March 17, 2009, with a compliance date of July 15, 2009. The FMCSA is considering a temporary 90-day extension in the effective date to June 15, 2009, to allow the Agency the opportunity for further review and consideration of the final rule. FMCSA acknowledges that the January 20, 2009, memorandum only recommends 60 days, but is allowing for 90 days to give us enough time to consider and respond to comments.
Notice of Delay in Processing the Applications by American Trucking Associations, Inc. and the Massachusetts Department of Highways for a Preemption Determination Concerning the City of Boston's Hazardous Materials Routing Restrictions
In accordance with statutory requirements, FMCSA is publishing a notice of delay in processing the American Trucking Associations, Inc.'s (ATA) and the Massachusetts Department of Highways' applications for a preemption determination concerning the City of Boston's restrictions regarding highway routing of certain hazardous materials. FMCSA is conducting fact-finding and legal analysis in response to the consolidated requests, and is delaying issuance of its determination in order to allow time for appropriate consideration of the issues raised by the applications.
Approval of a Petition for Exemption From Hazardous Waste Disposal Injection Restrictions to ArcelorMittal Hennepin, Inc., Hennepin, IL
Notice is hereby given by the United States Environmental Protection Agency (EPA) that an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) has been granted to ArcelorMittal Hennepin, Inc. (Hennepin Works) of Hennepin, Illinois, for one Class I injection well located in Hennepin, Illinois. As required by 40 CFR part 148, Hennepin Works has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents out of the injection zone or into an underground source of drinking water (USDW) for at least 10,000 years. This final decision allows the continued underground injection by Hennepin Works of a specific restricted waste, Waste Pickle Liquor (code K062 under 40 CFR part 261), into one Class I hazardous waste injection well specifically identified as Waste Pickle Liquor No. 1 (WPL-1), at the Hennepin facility. This decision constitutes a final EPA action for which there is no Administrative Appeal.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 9 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Kraft Pulp Mills (Renewal), EPA ICR Number 1055.09, OMB Control Number 2060-0021
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. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Passenger Car Average Fuel Economy Standards-Model Years 2008-2020; Light Truck Average Fuel Economy Standards-Model Years 2008-2020; Request for Product Plan Information
The purpose of this request for comments is to acquire new and updated information regarding vehicle manufacturers' future product plans to assist the agency in assessing what corporate average fuel economy (CAFE) standards should be established for model years 2012 through 2016 passenger cars and light trucks. The establishment of those standards is required by the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act (EISA) of 2007, Public Law 110-140.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 11 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Office of Postsecondary Education; Title IV, Part I, Section 499 of the Higher Education Act of 1965, as Amended-Competitive Loan Auction Pilot Program
Through this notice, the Secretary of Education (the Secretary) invites eligible lenders to participate in the Competitive Loan Auction Pilot Program (Auction Program) for the rights to originate PLUS loans to parent borrowers under the FFEL Program. Through the Competitive Loan Auction (Auction), the Secretary will award the rights to originate PLUS loans to new parent borrowers under the Federal PLUS Program authorized by section 428B of Title IV of the Higher Education Act of 1965, as amended (HEA), for loan periods beginning on or after July 1, 2009 and ending June 30, 2011. This notice establishes the dates for submission of information to participate in the Auction, describes the information that lenders must submit and the auction process, and describes the statutory requirements a lender must meet if it is selected as a winning bidder in the Auction.
C-10 Research and Education Foundation, Inc.; Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking dated November 24, 2008, filed by the C-10 Research and Education Foundation, Inc. (petitioner). The petition was docketed by the NRC and has been assigned Docket No. PRM-72-6. The petitioner is requesting that the NRC amend the regulations that govern licensing requirements for the independent storage of spent nuclear fuel, high-level radioactive waste, and reactor-related greater than class C waste. The petitioner believes that the current regulations do not provide sufficient requirements for safe storage of spent nuclear fuel in dry cask storage or in independent spent fuel storage installations (ISFSIs). The petitioner states that the NRC does not adequately enforce the current regulations that govern dry cask storage by allowing manufacturers, vendors, and licensees to use alternatives to the American Society of Mechanical Engineers (ASME) Code. The petitioner also states that the NRC has not specified license requirements for multiple cask designs under different expiration dates at the same ISFSI, has not adequately considered age-related degradation of dry cask systems, and has no requirements in place to address sabotage and adverse environmental effects on ISFSIs and current and future dry cask storage systems.
Federal Acquisition Regulation; Submission for OMB Review; Davis-Bacon Act-Price Adjustment (Actual Method)
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning davis-bacon act price adjustment (actual method). A request for public comments was published in the Federal Register at 73 FR 67488, November 14, 2008. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Kentucky Disaster Number KY-00019
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA-1818-DR), dated 02/05/2009. Incident: Severe Winter Storm and Flooding. Incident Period: 01/26/2009 through 02/13/2009. Effective Date: 02/13/2009. Physical Loan Application Deadline Date: 04/06/2009. Economic Injury (EIDL) Loan Application Deadline Date: 11/05/2009.
Notification of Agreements Under the Webcaster Settlement Act of 2008
The Copyright Office is publishing three agreements which set rates and terms for the reproduction and performance of sound recordings made by certain specified webcasters, under two statutory licenses. Webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the agreements published herein rather than the rates and terms of any determination by the Copyright Royalty Judges.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease; NDM 90948
Per 30 U.S.C. 188(d), Whiting Oil and Gas Corporation, Encore Operating, LP, Upton Resources U.S.A., Inc., Northern Energy Corporation, and W.H. Champion timely filed a petition for reinstatement of oil and gas lease NDM 90948, Billings County, North Dakota. The lessees paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessees agree to new lease terms for rentals and royalties of $10 per acre and 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessees paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessees met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate; and The $163 cost of publishing this Notice.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease NDM 90111
Per 30 U.S.C. 188(d), Whiting Oil and Gas Corporation, True Oil LLC, and Williams Production Rocky Mountain Company timely filed a petition for reinstatement of oil and gas lease NDM 90111, Billings County, North Dakota. The lessees paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessees agree to new lease terms for rentals and royalties of $10 per acre and 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessees paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessees met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate; and The $163 cost of publishing this Notice.
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Cully Corporation. The lands are in the vicinity of Point Lay, Alaska, and are located in:
Environmental Impact Statement: Chautauqua County, NY
The FHWA is issuing this revised notice to advise the public that FHWA will not be preparing an Environmental Impact Statement (EIS) for the proposed Millennium Parkway project in Chautauqua County, New York. A Notice of Intent to prepare an EIS was published in the Federal Register on December 27, 2007.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection related to the 30 CFR Sections 56.3203(a), 57.3203(a), and 75.204(a); Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines.
New Competitive Postal Product
The Commission is noticing a recently-filed Postal Service request to add Express Mail & Priority Mail Contract Mail 5 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings.
New Competitive Postal Product
The Commission is noticing a recently-filed Postal Service request to add Express Mail & Priority Mail Contract Mail 4 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings.
Export Trade Certificate of Review
Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). A notice summarizing the proposed amendment was published in the Federal Register on December 15, 2008 (73 FR 75999), requesting comments relevant to whether the amended Certificate should be issued. The Federal Register notice published on December 15, 2008, contained errors. This correction notice supersedes the notice dated December 15, 2008.
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