April 28, 2006 – Federal Register Recent Federal Regulation Documents

On April 13, 2006, an interim final rule to implement an emergency action for the Northeast (NE) Multispecies Fishery Management Plan (FMP) was published in the Federal Register. The interim final rule was published with several inadvertent errors and unclear language, including the omission of the observer notice requirement for vessels participating in the U.S./Canada Management Area, language in the regulations defining how monkfish-only days-at-sea (DAS) are calculated, an inaccurate description regarding the example of how NE multispecies Category A DAS will be calculated for Day gillnet vessels, and incorrect trip limits for white hake. This document corrects these errors and clarifies the unclear language.

This document informs the public that the Commandant of the Coast Guard is directing Coast Guard Captains of the Port to prevent access to waterfront facilities to persons that do not have appropriate identification credentials as defined under Coast Guard regulations. This document also identifies additional identification documents that have been approved by the Commandant as identification credentials.

Missouri has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Missouri.

EPA is proposing to approve two State Implementation Plan (SIP) revisions to the Tennessee Department of Environment and Conservation's Nitrogen Oxides (NOX) Budget Trading Program (Trading Program) submitted October 27, 2003, and December 10, 2003, by the State of Tennessee. The first revision corrects a miscalculation in Tennessee's NOX trading budget for non-electric generating units (non-EGUs) resulting from the use of an incorrect control efficiency percentage for one of the Trading Program's non-EGU sourcesan Eastman Chemical Company boiler. The correction of this miscalculation results in a 147 tons per season (tps) increase in Tennessee's NOX trading budget for non-EGUsmaking its non- EGU trading budget 5,666 tps, instead of 5,519 tps, and increasing Tennessee's total State-wide NOX budget from 163,928 tpy to 164,075 tpy. Based on this correction, Tennessee's second revision reallocates trading allowances to Eastman Chemical Companyincreasing the NOX trading allowances from 416 tps to 549 tps for the Eastman Chemical Company boiler. In the Final Rules section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views these as noncontroversial submittals and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

TVA will convene a meeting of the Regional Resource Stewardship Council (Regional Council) to obtain views and advice on the topic of TVA's stewardship program infrastructure and emergency preparedness and coordination programs. Under the TV Act, TVA is charged with the proper use and conservation of natural resources for the purpose of fostering the orderly and proper physical, economic and social development of the Tennessee Valley region. The Regional Council was established to advise TVA on its natural resource stewardship activities. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2, (FACA). The meeting agenda includes the following: (1) Update on TVA Board governance. (2) TVA Stewardship infrastructure. 30 TVA emergency preparedness and external coordination. (3) Current issues, including Bear Creek Dam. (4) Public comments. (5) Council discussion and advice. The Regional Council will hear opinions and views of citizens by providing a public comment session. The public comment session will be held from 9:30 a.m. to 10:30 a.m. EDT on Thursday, May 11, 2006. Citizens who wish to express views and opinions on the topic of TVA's recreation strategy may do so during the Public Comment portion of the agenda. Public Comments participation is available on a Comment portion of the agenda. Public Comments participation is available on a first- come, first-served basis. Speakers addressing the Regional Council are requested to limit their remarks to no more than 5 minutes. Persons wishing to speak are requested to register at the door and are then called on by the Regional Council Chair during the public comment period. Handout materials should be limited to one printed page. Written comments are also invited and may be mailed to the Regional Resource Stewardship Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11A, Knoxville, Tennessee 37902.

We are amending the gypsy moth regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested States.

On January 20, 2006, HUD published its Fiscal Year (FY) 2006, Notice of Funding Availability Policy Requirements and General Section (General Section) to the SuperNOFA for HUD's Discretionary Programs. On March 8, 2006, HUD published its Fiscal Year (FY) 2006, SuperNOFA, for HUD's Discretionary Grant Programs. This document makes corrections or clarifications to the General Section, the Community Development Block Grant Program for Indian Tribes and Alaska Native Villages (ICDBG), Housing Counseling Programs, Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Grant Program, Operation Lead Elimination Action Program, Technical Studies Programs (Lead Technical Studies and Healthy Homes Technical Studies), Home Hazard Demonstration Program, Brownfields Economic Development Initiative (BEDI), Youthbuild, Section 202 Housing for the Elderly Program (Section 202 Program), and Section 811 Supportive Housing For Persons With Disabilities (Section 811 Programs). These changes affect the NOFAs listed, but do not affect the application packages on Grants.gov.

The NCI is establishing common guidelines for the collection of biospecimens and their accompanying data by NCI-sponsored biorepositories. These guidelines are intended to standardize and enhance the quality of research material and data used in cancer research.

This interim final rule with comment period sets forth the methodology and process used to compute and issue each State's allotment for fiscal year (FY) 2006 and FY 2007 that is available to pay Medicare Part B premiums for qualifying individuals. It also provides the preliminary FY 2006 allotments determined under this methodology.

This notice solicits interested parties to submit requests for review of the appropriateness of the payment amount for a particular intraocular lens furnished by an ambulatory surgical center. Also, this notice corrects typographical errors in the notice with public comment period that appeared in the September 30, 2005 Federal Register entitled ``Medicare Program; Calendar Year 2005 Review of the Appropriateness of Payment Amounts for New Technology Intraocular Lenses (NTIOLs) Furnished by Ambulatory Surgical Centers (ASCs)'' (70 FR 57297), and in the final notice that appeared in the January 27, 2006 Federal Register entitled ``Medicare Program; Approval of Adjustment in Payment Amounts for New Technology Intraocular Lenses Furnished by Ambulatory Surgical Centers'' (71 FR 4586).

In a notice of proposed rulemaking published December 13, 1999, (NOPR) the Department of Energy (DOE or the Department) proposed to adopt (1) energy conservation requirements that the Energy Policy and Conservation Act, as amended, (EPCA or the Act) specifically mandated for commercial warm air furnaces, and (2) provisions applying generally to covered commercial heating, air conditioning and water heating equipment, including furnaces, (collectively referred to as ``commercial HVAC & WH equipment'') to assure their compliance with EPCA requirements. On October 21, 2004, DOE adopted a final rule incorporating the requirements for furnaces but only certain of the general provisions proposed for commercial HVAC & WH equipment. As to the latter, the Department did not adopt the NOPR's proposals for manufacturers to use to determine and certify compliance, and or most of its enforcement proposals, which remain under consideration. These include proposals about manufacturers' use of testing and calculation methods to rate the efficiency of their equipment, the role of voluntary independent certification programs in assuring the accuracy of the ratings, and the testing regimen and criteria that DOE would use in enforcement proceedings, which are the subjects of today's notice. The Department is now soliciting comments on several additional proposed options that DOE is now considering for the rule. In addition, the Energy Policy Act of 2005, Public Law 109-58, (EPACT 2005) created a new category of covered equipment and set forth definitions, test procedures, and energy conservation standards for very large commercial package air conditioning and heating equipment. The Department has codified the definitions and energy conservation standards in Title 10, Code of Federal Regulations, Part 431. 70 FR 60407 (October 18, 2005). The Department is applying to that equipment the proposed compliance and enforcement requirements that are the subject of this supplemental notice. (The Department notes that the recent amendments to EPCA set forth in EPACT 2005 do not otherwise affect the issues raised in today's notice.)

In today's action, we are finalizing regulations to include Delaware and New Jersey in the Clean Air Interstate Rule (CAIR) for fine particles (PM2.5), based on our assessment that they contribute significantly to a downwind State's nonattainment. In the CAIR, we determined that upwind States that contribute 0.2 [mu]g/ m3 or more to a downwind PM2.5 nonattainment area are potentially deemed to be contributing significantly to nonattainment in the downwind State. The EPA proposed to augment the analytical approach used in the CAIR by supplementing the air quality step of the contribution analysis. Based on the results of this augmented analytical approach, we proposed that Delaware and New Jersey should be covered by the CAIR for annual sulfur dioxide (SO2) and nitrogen oxides (NOX) requirements and are finalizing the regulation to include these States in the CAIR for PM2.5.

Today, EPA is taking actions to address the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute significantly to nonattainment and maintenance problems with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) and 8-hour ozone. As one part of today's action, EPA is providing its final response to a petition submitted to EPA by the State of North Carolina under section 126 of the Clean Air Act (CAA). The petition requests that EPA find that SO2 and/or NOX emissions from electric generating units (EGUs) in 13 States are significantly contributing to PM2.5 and/or 8-hour ozone nonattainment and maintenance problems in North Carolina, and requested that EPA establish control requirements to prohibit such significant contribution. The EPA is denying the petition because, in today's action, EPA is promulgating Federal implementation plans (FIPs) for all jurisdictions covered by the Clean Air Interstate Rule (CAIR) to address interstate transport. The FIPs will regulate EGUs in the affected States and achieve the emissions reductions requirements established by the CAIR until States have approved State implementation plans (SIPs) to achieve the reductions. As the control requirement for the FIPs, EPA is adopting the model trading rules that EPA provided in CAIR as a control option for States, with minor changes to account for Federal rather than State implementation. Today's action also revises CAIR SIP model trading rules in order to address the interaction between the EPA-administered CAIR FIP trading programs being promulgated today and the EPA-administered CAIR State trading programs that will be created by any State that elects to submit a SIP establishing such a trading program to meet the requirements of the CAIR. In addition, EPA is taking final action on our reconsideration of the definition of ``EGU'' as it relates to solid waste incinerators. Today's action also makes revisions to the Acid Rain Program in order to make the administrative appeals procedures, which currently apply to final determinations by the Administrator under the EPA- administered CAIR State trading programs, also apply to the EPA- administered trading programs under the FIP action. In addition, we are making certain minor revisions to the Acid Rain Program that will apply to all affected units.