November 21, 2006 – Federal Register Recent Federal Regulation Documents

By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public of the future availability of draft grant guidelines for states regarding the inspection provision and state compliance report on the government underground storage tanks (USTs) provision. EPA is developing these two grant guidelines to help states comply with requirements for receiving funding under Subtitle I of the Solid Waste Disposal Act as established in Title XV, Subtitle B of the Energy Policy Act of 2005. EPA is asking the public to review and comment on the guidelines as they become available. EPA encourages interested stakeholders to regularly check EPA's Web site at: https://www.[fxsp0]epa.[fxsp0]gov/[fxsp0]oust/ [fxsp0]fedlaws/[fxsp0]epact05.[fxsp0]htm#Drafts where we will post the draft guidelines as they become available over the next several months. You also may send an e-mail to OUSTEnergy[fxsp0]Policy Act[fxsp0]Email[fxsp0]List@epa.[fxsp0]gov requesting that we notify you when the drafts are posted on EPA's Web site. If you previously e- mailed a request to be included on this list, there is no need for you to do so again.

The Federal Motor Carrier Safety Administration announces the availability of Commercial Driver's License Program Improvement (CDLPI) grant funding as authorized by Section 4124 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The program is a discretionary grant program that provides funding for improving States' implementation of the Commercial Driver's License (CDL) program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. Grants made under this program may not be used to rent, lease, or buy land or buildings. The agency in each State designated as the primary driver licensing agency responsible for the development, implementation, and maintenance of the CDL program is eligible to apply for grant funding. To apply for funding, applicants must register with the grants.gov Web site (https://www.grants.gov/ applicants/getregistered.jsp) and submit an application in accordance with instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Columbian sharp-tailed grouse (Tympanuchus phasianellus columbianus) as threatened or endangered under the Endangered Species Act of 1973, as amended. We find that the petition does not provide substantial information indicating that listing the Columbian sharp-tailed grouse may be warranted. Therefore, we are not initiating a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of the Columbian sharp-tailed grouse or threats to it.

The Coast Guard is establishing a temporary safety zone on the waters of San Carlos Bay, Florida in the vicinity of the Sanibel Island Bridge span ``C'' while bridge construction is conducted. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Highway 12 Drawbridge across Little Potato Slough, mile 0.1, at Terminous, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the California Department of Transportation (Caltrans), to perform submarine power and control cable testing.

The Coast Guard is changing the regulations that govern the operation of the Route 35 Bridge, at New Jersey Intracoastal Waterway (NJICW) mile 1.1, across Manasquan River, at Brielle, New Jersey. The final rule will allow the drawbridge to provide vessel openings upon four hours advance notice from December 1 to March 31. This change will eliminate the continual attendance of draw tender services during the non-peak boating season while still providing the reasonable needs of navigation.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) has in its procurement program nonprofit agencies that sell products to military commissary stores for resale. The items sold are assigned to specific number series so that the nonprofit agencies, the Committee, and the military stores may identify the specific products. The number series are only used for identification of specific products sold in the military stores. These product numbers are internal only to the Committee, the nonprofit agencies, and the military commissaries. This proposed rule adds additional number series to the authorized series so that replacement products may have their own unique identifying numbers.

We are extending the comment period for our notice that announced the receipt of three petitions requesting that we delay implementation of, and reconsider provisions in, a recent final rule establishing a herd certification program and interstate movement restrictions for cervids to control the spread of chronic wasting disease. This action will allow interested persons additional time to prepare and submit comments.

The Coast Guard and the Maritime Administration (MARAD) announce that the Coast Guard intends to prepare an environmental impact statement (EIS) as part of the environmental review of this license application. The application describes a project that would be located in the Atlantic Ocean, approximately 9 miles northeast of Port Everglades, Florida. Publication of this notice begins a scoping process that will help identify and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.

The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the countervailing duty orders on hot-rolled carbon steel flat products from Argentina, India, Indonesia, South Africa, and Thailand and the antidumping duty orders on hot-rolled carbon steel flat products from Argentina, China, India, Indonesia, Kazakhstan, Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The Antitrust Modernization Commission will hold a public meeting on December 5, 2006. The purpose of the meeting is for the Antitrust Modernization Commission to deliberate on possible recommendations regarding the antitrust laws to Congress and the President.

Notice is hereby given that Sea World, Inc., 7007 Sea World Drive, Orlando, Florida 32821 [Brad Andrews, Responsible Party] has been issued a permit to import three beluga whales (Delphinapterus leucas) for public display.

This notice amends the notice of a major disaster declaration for the State of Arizona (FEMA-1660-DR), dated September 7, 2006, and related determinations.

Under Section 10(a)(2) of Public Law 92-423, ``The Federal Advisory Committee Act,'' notice is hereby given of a meeting of the National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The primary topics to be discussed and considered by the Council are the issues and challenges facing the thousands of small drinking water systems nationwide. Status reports on other national drinking water program issues, such as the approach to a draft rule for drinking water supplies on airlines; the early implementation of the rules protecting drinking water supplies from microbial contaminants; the recently-promulgated Ground Water Rule; revisions to the existing Total Coliform Rule; and implementation recommendations for the Contaminant Candidate List 3 will be presented. If time permits, the Council will also focus on continuing efforts to propose performance measures and indicators for the national drinking water protection program.

On November 1, 2006 a duplication of the Constitution Road Drum Site settlement was published in the Federal Register under Docket EPA-R04-SFUND-2006-0865' FRL-8237-5. EPA will not be accepting comments on this document. The correct listing is under EPA- R04-SFUND-2006-0865; FRL-8237-1. EPA will be accepting comments under the correct listing until December 1, 2006.

In this direct final action, the EPA is approving the Baton Rouge Ozone Nonattainment Area Vehicle Miles Traveled (VMT) Offset Analysis. The Baton Rouge area became subject to this requirement upon its reclassification from serious to severe 1-hour ozone nonattainment. The State has satisfied the VMT Offset requirement by its demonstration that motor vehicle emissions from increases in VMT or number of vehicle trips within the Baton Rouge five county ozone nonattainment area will not rise above an established ceiling through 2005. This action is being taken under sections 110 and 182 of the Federal Clean Air Act, as amended (the Act).

On September 28, 2006 (71 FR 56872), EPA published a direct final rule approving Texas State Implementation Plan (SIP) revisions that pertain to regulations to control Volatile Organic Compound (VOC) emissions from facilities in Texas. The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received adverse comment by October 30, 2006, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received a timely adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comment in a subsequent final action based on the parallel proposal also published on September 28, 2006 (71 FR 56920). As stated in the parallel proposal, EPA will not institute a second comment period on this action.

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 November 30, 2006. 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.

Pursuant to Section (102)(2)(C) of the National Environmental Policy Act (NEPA) of 1969, the regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), and the Department of the Navy NEPA regulation (32 CFR part 775), the Department of the Navy (DON) announces its intent to prepare an EIS to evaluate the potential environmental impacts associated with relocation of certain WRAMC activities from Washington, DC, to the NNMC in Bethesda, MD per Public Law 101-510, the Defense Base Closure and Realignment Act of 1990 (BRAC Law). Potential impacts associated with normal future growth expected from changes in mission, force protection, improved security, and accessibility for disabled persons will also be evaluated and will contribute to the alternatives considered. The DON will hold public scoping meetings for the purpose of further identifying the scope of issues to be addressed in the EIS. Written and recorded comments will be accepted during this time. To ensure that the full range of issues related to this proposed action will be addressed, representatives from NNMC Bethesda will be available to answer questions and solicit public comments from interested parties during the scheduled public scoping meetings. Following publication of the draft EIS, at a time to be determined, further public meetings will be held to address comments on the draft document.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the Fish and Wildlife Service (Service) as the lead agency, advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) regarding the proposed Southern Nye County Multiple Species Habitat Conservation Plan (MSHCP) and issuance of an incidental take permit (Permit) for endangered and threatened species in accordance with section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Nye County (Applicant) proposes to accommodate anticipated urban development within the Mojave Desert region of southern Nye County and implement conservation measures (Project). The Applicant intends to request a Permit for incidental take of several listed and unlisted species, including the desert tortoise (Gopherus agassizii), a species federally listed as threatened under the Act. The Service plans to refine the species list as a part of the scoping process. In accordance with the Act, the Applicant will prepare an MSHCP containing proposed measures to minimize and mitigate incidental take that could result from the Project. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestion and information on the scope of issues to be included in the EIS.

This notice of proposed rulemaking proposes to amend Department of Homeland Security (DHS) regulations pertaining to the Bureau of Customs and Border Protection's (CBP's) field organization by extending the geographic limits of the port of Dayton, Ohio, to include the Airborne Airpark in Wilmington, Ohio. The proposed extension of the port limits of Dayton, Ohio, is due to the closing of express consignment operations at Dayton International Airport, and the expansion of express consignment operations at Airborne Airpark, located in Wilmington, Ohio. The user-fee status of Airborne Airpark would be terminated. The proposed change is part of CBP's continuing program to more efficiently utilize its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.

The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.