February 2006 – Federal Register Recent Federal Regulation Documents

EPA issued a notice of deficiency (NOD) on March 4, 2004 (69 FR 10167), in which EPA identified problems with Wisconsin's Clean Air Act (Act) title V operating permit program and a timeframe for the State to correct these deficiencies. The Wisconsin Department of Natural Resources (WDNR) submitted corrections to its permit program on August 18, 2005, and revisions to a related rule on December 8, 2005. This document announces that based on information provided by the WDNR, EPA concludes that the State of Wisconsin has resolved all of the issues identified in the March 4, 2004, NOD. As a result, EPA will not impose sanctions set forth under the mandatory sanctions provisions of the Act. In addition, EPA will not promulgate, administer, and enforce a whole or partial operating permit program pursuant to the title V regulations of the Act within 2 years after the date of the finding of deficiency.

The State of New Hampshire has applied to EPA for Final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this immediate final action.

The Environmental Protection Agency (EPA, also the Agency or we in this preamble) today is granting a petition to modify an exclusion (or delisting) from the lists of hazardous waste previously granted to Nissan North America, Inc. (Nissan) in Smyrna, Tennessee. This action responds to a petition for amendment submitted by Nissan to increase the maximum annual volume of waste and to eliminate the total concentration limits in its wastewater treatment sludge covered by its current exclusion. After careful analysis, we have concluded the petitioned waste does not present an unacceptable risk when disposed of in a Subtitle D (nonhazardous waste) landfill. This exclusion applies to F019 wastewater treatment sludge generated by Nissan at its facility in Smyrna, Tennessee. Accordingly, this final amendment conditionally excludes a specific yearly volume of the petitioned waste from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when the petitioned waste is disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste.

The Food Safety and Inspection Service (FSIS) is announcing changes in how it uses the results from its Salmonella verification sampling program for meat and poultry establishments to enhance public health protection. The Agency is also changing how it reports these results. These actions follow an April 2003 FSIS Federal Register Notice asking for public comment on whether and how Agency policy could be improved. This Notice responds to the comments received and presents the Agency's views on the issues raised in the 2003 Notice. FSIS will begin adding results from individual Salmonella verification sample tests to reports the Agency regularly makes to meat and poultry establishments that have asked to be informed of various test results. These Salmonella sample results will be sent to establishments as soon as they become available. FSIS will begin posting quarterly nationwide data for Salmonella, presented by product class, on the Agency Web site. Moreover, the Agency will assess each completed Salmonella sample set in light of either existing regulatory standards or recently- published baseline study results, as appropriate. FSIS expects to take follow-up action, which may include scheduling of another sample set or assessing the design and execution of the food safety system, based on how a plant's performance compares to the existing regulatory standard or nationwide baseline results and to the presence of serotypes of Salmonella that are common causes of human illness. To further encourage industry process control efforts, the Agency is providing a new compliance guideline containing information that FSIS has found to be relevant to control of Salmonella, particularly for poultry. FSIS intends to monitor closely the percent positive in verification samples month-by-month over the course of a full calendar year, beginning in 2006. After one year FSIS will evaluate these data, reassess how it reports Salmonella results for each class of products, and consider making additional changes in how it reports and publishes results.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self- Determination Act of 2000 (Pub. L. 106-393), the Beaverhead-Deerlodge National Forest's Madison-Beaverhead Resource Advisory Committee will meet on Wednesday, March 8, 2006, from 10 a.m. until 4 p.m. in Twin Bridges, Montana, for a business meeting. The meeting is open to the public.

The FHWA is issuing this notice to advise the public that we are rescinding the Notice Of Intent (NOI) to prepare an environmental impact statement (EIS) for a proposed project in central Missouri. The NOI was published in the Federal Register on April 20, 1994. This rescission is based on a reduction in scope from the 1994 proposal to build a 17.5-mile, four-lane relocation of U.S. Route 65 in Benton County.

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

In this Final Rule, the Federal Energy Regulatory Commission (Commission) is amending its regulations to expand due process for certain audited persons who dispute findings or proposed remedies contained in draft audit reports.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on December 5, 2005 (70 FR 72500-72501).

This proposal would revise Class E airspace at Pinedale, WY. Additional controlled airspace is necessary to accommodate aircraft executing new Area Navigation (RNAV) Global Positioning System (GPS) approach procedures at Pinedale/Ralph Wenz Field. This action would improve the safety of Instrument Flight Rules (IFR) aircraft executing these new procedures at Pinedale/Ralph Wenz Field, Pinedale, WY.

This action corrects a final rule published in the Federal Register on February 15, 2006 (71 FR 7848), Airspace Docket No. 03-AWA- 2, FAA Docket No. FAA-2005-22509. In that rule, inadvertent errors were made in the airport description of the St. Louis Class B airspace area. This action corrects those errors.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. The Federal Register Notices with a 60-day comment period soliciting comments on the following collection of information was published on November 16, 2005, vol. 70 220, page 69624. Standards have been established for the operation of agricultural aircraft and for the dispensing of chemicals, pesticides, and toxic substances. Information collected shows applicant compliance and eligibility for certification by FAA.

EPA is proposing to grant full approval for the Guam operating permit program regulations and an associated State Implementation Plan (SIP) revision submitted by the Territory of Guam (Guam). These submittals correct deficiencies identified in EPA's direct final interim approval rulemaking of January 9, 2003 (68 FR 1162). Full approval of Guam's alternate permit program and associated SIP revision will allow sources to be permitted under Guam's approved alternate operating permit program.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Artouste III B, Artouste III B1, and Artouste III D turboshaft engines. This AD requires removing certain fuel pumps from service and installing serviceable fuel pumps. This AD results from a report that an acceptance test facility used test equipment that was out of calibration, on certain fuel pumps, and those fuel pumps might have been accepted with a limitation in the maximum available fuel flow. We are issuing this AD to prevent reduced helicopter performance, subsequent loss of control of the helicopter, or accident.

In this final rule, the Federal Energy Regulatory Commission (Commission) is amending its regulations regarding the blanket certificates for unbundled natural gas sales services held by interstate natural gas pipelines and the blanket marketing certificates held by persons making sales for resale of natural gas at negotiated rates in interstate commerce. Specifically, the Commission is rescinding sections of its regulations pertaining to codes of conduct with respect to certain sales of natural gas.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes. This AD requires installing clamps on certain end caps of the overhead distribution ducts, and doing other specified and related investigative actions as necessary. This AD results from finding that the end caps of the overhead distribution ducts for the air conditioning system were not bonded to the ducts with an adhesive. We are issuing this AD to detect and correct loosened end caps, which could change the air flow balance in the airplane. During a smoke event in the cargo or main electronics compartment, the incorrect balance of air flow could change the smoke clearance air capacity and result in smoke and toxic fumes penetrating the flight deck and main cabin.

Pursuant to section 111(b)(1)(B) of the Clean Air Act (CAA), EPA has reviewed the emission standards for nitrogen oxides (NOX), sulfur dioxide (SO2), and particulate matter (PM) contained in the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial- institutional steam generating units. EPA proposed amendments to 40 CFR part 60, subparts Da, Db, and Dc, on February 28, 2005. This action reflects EPA's responses to issues raised by commenters, and promulgates the amended standards of performance. The final rule amendments revise the existing standards for PM emissions by reducing the numerical emission limits for both utility and industrial-commercial-institutional steam generating units and revise the existing standards for NOX emissions by reducing the numerical emission limits for utility steam generating units. The amendments also revise the standards for SO2 emissions for both electric utility and industrial-commercial-institutional steam generating units. The numerical standard for electric utility steam generating units has been reduced, and the maximum percent reduction requirement has been increased. A numerical standard has been added for units presently subject to the NSPS and new industrial-commercial- institutional steam generating units, and the maximum percent reduction requirement for new units has been increased. Both utility and industrial steam generating units can either meet a numerical limit or demonstrate a percent reduction. Several technical clarifications and compliance alternatives have been added to the existing provisions of the current rules.

The Department of the Army (DA) and National Guard Bureau have proposed to transform the Pennsylvania Army National Guard (PAARNG) 56th Brigade into a Stryker Brigade Combat Team (SBCT). This Environmental Impact Statement (EIS) discusses in-depth three alternatives: The Preferred Alternative, the Train Using Existing Army Facilities Alternative, and the No-Action Alternative, Under the Preferred Alternative, the PAARNG proposes construction of new training and support facilities at the National Guard Training CenterFort Indiantown Gap (NGTC-FTIG); at Fort Pickett, VA; and at local PAARNG facilities across the State of Pennsylvania, as well as conducting Annual Training (AT) at Fort A.P. Hill, VA, in order to accomplish requisite training. Under the Train Using Existing Army Facilities Alternative, no construction at NGTC-FTIG, Pennsylvania or Fort Pickett, VA would occur; the statewide facilities improvements would occur. Required SBCT Inactive Duty Training (IDT) and AT would be conducted at select regional Army training installations, using existing facilities. Other alternatives considered but eliminated from detailed study are also addressed in the EIS.

The Forest Service will prepare a supplemental environmental impact statement on a proposal to implement multiple resource management actions within the Dean Area as directed by the Black Hills National Forest Land and Resource Management Plan. The Dean Project Area covers about 12,468 acres of National Forest System land and about 2,256 acres of interspersed private land within the Redwater Creek watershed directly north of Sundance, Wyoming. Proposed actions would modify the structure of forest stands across the planning area to reduce fuel loads, potential for uncharacteristically intense wildfire behavior, and risk of insect outbreaks; provide for diverse wildlife habitat and restore hardwoods; and provide a mix of motorized and nonmotorized use opportunities. A previous decision on this project was reversed on appeal. A supplemental EIS will be prepared with the aim to issue another project decision.

The Federal Energy Regulatory Commission (Commission) is issuing this Order to clarify that Transmission Providers may communicate with affiliated nuclear power plants regarding certain matters related to the safety and reliability of the transmission system on the nuclear power plants, in order to comply with requirements of the Nuclear Regulatory Commission.