November 2006 – Federal Register Recent Federal Regulation Documents

EPA is taking direct final action to make a technical correction to the emission guidelines and new source performance standards (NSPS) for other solid waste incineration (OSWI) units. We are correcting the averaging time for measuring opacity.

The Environmental Protection Agency published in the Federal Register on November 1, 2006 a document concerning the Rosso Property Scrapyard Site located in Dover, Craven County, North Carolina. In the body of the notice the Constitution Road Superfund Site was mistakenly listed instead of the Rosso Property Scrapyard Site. EPA will be accepting comments only on the Rosso Property Scrapyard Site for the notice EPA-R04-SFUND-2006-0864; FRL-8237-4.

EPA is approving the section 111(d) Plan submitted by City of Albuquerque (Bernalillo County), New Mexico, on May 24, 2006, to implement and enforce the Emission Guidelines (EG) for existing Municipal Solid Waste (MSW) Landfills. The EG require delegated municipalities to develop plans to reduce landfill gas emissions from all MSWs. Finally, this action also approves the concomitant delegation of authority to implement 40 CFR part 60, subparts WWW and Cc.

This notice announces the availability of one new and five updated final toxicological profiles of priority hazardous substances comprising the eighteenth set prepared by ATSDR.

The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to propose an information collection package with the Office of Management and Budget (OMB) concerning the Work Authorization System, as prescribed in DOE O 412. 1A, in order to authorize and control work performed by designated Management and Operating (M&O) contractors and other contractors as determined by the senior procurement executive, consistent with the budget execution and program evaluation requirements of the DOE Planning, Programming, Budget, and Evaluation process. Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

The Department of the Interior (DOI), Office of Indian Energy and Economic Development (OIEED), is seeking comments on the collection of information necessary for utilization of the Loan Guaranty, Insurance, and Interest Subsidy Program. This is necessary to continue the use of forms for this program approved by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The public will have the opportunity to comment on the time and expense required by these forms to access the program.

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 50, ``Domestic Licensing of Production and Utilization Facilities.'' 2. Current OMB approval number: 3150-0011. 3. How often the collection is required: As necessary in order for NRC to meet its responsibilities to conduct a detailed review of applications for licenses and amendments thereto to construct and operate nuclear power plants, preliminary or final design approvals, design certifications, research and test facilities, reprocessing plants and other utilization and production facilities, licensed pursuant to the Atomic Energy Act of 1954, as amended (the Act) and to monitor their activities. 4. Who is required or asked to report: Licensees and applicants for nuclear power plants and research and test facilities. 5. The number of annual respondents: 187. 6. The number of hours needed annually to complete the requirement or request: 6,168.6M: 3,141.4M hours reporting (an average of 69 hrs/ response) + 3,027.2M hours recordkeeping (an average of 16.2K hrs/ recordkeeper). 7. Abstract: 10 CFR Part 50 of the NRC's regulations ``Domestic Licensing of Production and Utilization Facilities,'' specifies technical information and data to be provided to the NRC or maintained by applicants and licensees so that the NRC may take determinations necessary to protect the health and safety of the public, in accordance with the Act. The reporting and recordkeeping requirements contained in 10 CFR 50 are mandatory for the affected licensees and applicants. Submit, by January 23, 2007, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F23, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T5-F52, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail at INFOCOLLECTS@NRC.GOV.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise District Resource Advisory Council (RAC), will hold a special meeting as indicated below.

Notice is given of update to the names of members of a Performance Review Board for the Department of the Air Force. Effective date is November 15, 2006.

The FHWA and the NHTSA invite the public to comment on our intention to request the Office of Management and Budget (OMB) to approve a new information collection. This collection is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2006 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to reflect changes to the AG ``Control List of Biological Agents'' by revising the Commerce Control List (CCL) entry that controls certain human and zoonotic pathogens and toxins to add certain fungi (i.e., Coccidioides immitis and Coccidioides posadasii) and toxins (i.e., Shiga-like ribosome inactivating proteins other than verotoxin). Verotoxin continues to be listed under this CCL entry. Prior to the publication of this rule, the fungi Coccidioides immitis and Coccidioides posadasii and Shiga-like ribosome inactivating proteins other than verotoxin were listed under the CCL entry containing unilaterally controlled select agents and toxins not included on any of the AG Common Control Liststhis rule removes these items from that CCL entry. As a result of the addition of Shiga-like ribosome inactivating proteins other than verotoxin to the CCL entry that controls certain human and zoonotic pathogens and toxins, this rule makes conforming changes to two additional CCL entries (i.e., the CCL entry that controls certain AG-listed genetic elements and genetically modified organisms and the CCL entry that controls vaccines, immunotoxins, medical products, and diagnostic and food testing kits). This rule also amends the EAR to reflect changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by expanding the scope of the CCL entry that controls certain chemical manufacturing facilities and equipment to include equipment in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from niobium (columbium) or niobium alloys. In addition, this final rule corrects errors in two CCL entries that were amended by a final rule that BIS published on December 29, 2004. This rule corrects a typographical error involving a Chemical Abstracts Service (CAS) registry number in the CCL entry that controls AG-listed precursor chemicals. This rule also corrects an error in the CCL entry that controls certain Chemical Weapons Convention (CWC) Schedule 2 or Schedule 3 chemicals not included on any of the AG Common Control Lists by removing the Schedule 3 chemical ethyldiethanolamine. The December 29, 2004, final rule added ethyldiethanolamine to the CCL entry that controls AG-listed precursor chemicals, but failed to remove it from the aforementioned entry. This rule also amends the EAR provisions describing AG-related license requirements and licensing policies to remind applicants that, even if an AG-related item is licensed by ``$ value'' (e.g., human and zoonotic pathogens and toxins, plant pathogens, genetic elements and genetically modified organisms, and select agents and toxins), the EAR still require that the unit of quantity commonly used in the trade be shown on the license application. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding the Central African Republic and Comoros, which recently became States Parties. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to these countries now conform with those applicable to other CWC States Parties.

The National Capital Planning Commission is publishing this notice under the ``Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,'' which is known as the No FEAR Act, to inform current employees, former employees, and applicants for NCPC employment of the rights and protections available to them under Federal antidiscrimination, whistleblower protection and retaliation laws.

This proposed rule would modify HUD's regulations for transition funding under the Operating Fund Program. The Operating Fund Program, as revised by a September 19, 2005, final rule, adopted a new formula for determining the payment of operating subsidy to public housing agencies (PHAs). Transition funding is based on the difference in subsidy levels between the new formula and the formula in effect prior to the implementation of the September 19, 2005, final rule. As a result of the new formula, PHAs may experience either an increase or decrease in the amount of funding that they receive. For PHAs experiencing a decline in operating subsidy as a result of the new formula, the September 19, 2005, final rule phases in the reduction over a period of years. This proposed rule would revise the schedule for those PHAs that will experience a decline in funding, by extending the transition phase-in period an additional year.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information is used by HUD to determine or adopt prevailing wage rates for maintenance laborers and mechanics, and to approve or refer to the U.S. Department of Labor for approval, when needed, an employer's request for additional work classifications and wage rates.

The Pacific Fishery Management Council's (Council) Groundfish Management Team (GMT) will hold a working meeting which is open to the public.

As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Application- Checkpoint Pre-enrolled Access Lane (Form I-866). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Public Law 104-13; 44 U.S.C. 3505(c)(2)).

The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Aircraft/Vessel Report (Form I-92). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended without a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (71 FR 54675) on September 18, 2006, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

The Bureau of Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995: Administrative Rulings. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended without a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (71 FR 54674-54675) on September 18, 2006, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

On January 22-23, 2007, the NIEHS is hosting a workshop titled ``Children's Environmental Health Research: Past, Present, and Future.'' The goal of this workshop is to develop new strategies for research, exposure and effects monitoring, intervention and prevention in children's environmental health. Specific objectives are to maximize the effectiveness of scientific researchbasic science, exposure monitoring/biomonitoring, epidemiology, toxicology, clinical medicine and multidisciplinary studiesand to enhance the translation of research to the bedside, to the community and to public policy. This meeting is open to the public with attendance limited only by the space available. Time will be set aside for public discussion. Additional information about the workshop and on-line registration are available from the NIEHS Web site at https://www.apps.niehs.nih.gov/conferences/ od/cehr/. The first day will begin with discussions of two case studies that demonstrate the successful implementation of evidence-based intervention/prevention strategies that became possible once links between environmental exposures and a disease in children had been identified. The first case study will focus on lead and neurotoxicity. Findings on the adverse effects of lead on neurodevelopment ultimately led to efforts to reduce exposures to lead. Asthma will be used as a second case study because it provides a clear example of environmental triggers and some science-based prevention/intervention strategies that are already being implemented. The second day of the workshop will focus on applying lessons learned from the two ``success'' case studies to two children's disorders that appear to have environmental etiologies but are less well understood: disorders of lipid and carbohydrate metabolism and attention deficit/hyperactivity disorder (ADHD). A discussion will follow each case study presentation to consider the opportunities, the barriers and the design challenges that confront future clinical, toxicological, epidemiological, exposure monitoring, and basic research in children's environmental health. Specific topics include: Past approaches to research translation to see what worked and what failed to work. The critical mass of researchers and mix of disciplines needed to most efficiently advance research in children's environmental health. Biomarkers of exposure, susceptibility, or subclinical dysfunction. The use of ``omics'' technologies that might be incorporated into future toxicological, epidemiological and/or biomonitoring studies to enhance their sensitivity and efficiency. Is there a point at which the use of new scientific tools might slow the pace of progress? New approaches to accelerating the translation of science to treatment, prevention, and the remediation of environmental risks to children's health. Potential study populations at uniquely high risk of disease. Data resourcesrecords, disease registries, well- characterized cohort populations, tissue banks, or stored DNAin the U.S. or abroad that might facilitate future studies. New partnerships in research.