December 18, 2006 – Federal Register Recent Federal Regulation Documents
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Ecological Benefits Assessment Strategic Plan
EPA is announcing the availability of a document titled, ``Ecological Benefits Assessment Strategic Plan'' (EPA-240-R-06-001), which was prepared by several Offices within the Agency. The Ecological Benefits Assessment Strategic Plan identifies and communicates key research and institutional actions that will improve EPA's ability to perform assessments of the ecological benefits of its environmental policies and decisions.
Excepted Service
This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103.
Extension of the Presumptive Period for Compensation for Gulf War Veterans
The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulations regarding compensation for disabilities resulting from undiagnosed illnesses suffered by veterans who served in the Persian Gulf War. This amendment is necessary to extend the presumptive period for qualifying chronic disabilities resulting from undiagnosed illnesses that must become manifest to a compensable degree in order that entitlement for compensation be established. The intended effect of this amendment is to provide consistency in VA adjudication policy and preserve certain rights afforded to Persian Gulf War veterans and ensure fairness for current and future Persian Gulf War veterans.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Bio Energy in Hopkinton NH
This notice announces that the EPA Administrator has responded to a citizen petition requesting that EPA object to a Clean Air Act (``CAA'' or ``the Act'') title V operating permit modification issued by the New Hampshire Department of Environmental Services (``New Hampshire DES''). Specifically, the Administrator has granted in part and denied in part the petition submitted by the Residents Environmental Action Committee of Hopkinton, the Conservation Law Foundation, and the Physician Petitioners (collectively referred to herein as ``Petitioners'') requesting that the Administrator object to the permit modification issued to Bio Energy, LLC of Hopkinton, New Hampshire. Pursuant to section 505(b)(2) of the Act, the petitioner may seek judicial review of any portion of the petition which EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.
Transfer of Montgomery GI Bill-Active Duty Entitlement to Dependents
This rule amends Department of Veterans Affairs (VA) regulations to implement VA's authority under the National Defense Authorization Act for Fiscal Year 2002 and the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to provide educational assistance to dependents eligible for transferred Montgomery GI Bill- Active Duty (MGIB) entitlement. The legislation authorized the Department of Defense (DoD) to offer individuals in the Armed Forces, who have critical military skills, the option to transfer up to 18 months of their MGIB entitlement to their dependents as a reenlistment incentive. In addition, the rule implements a provision in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, which increased the maximum amount of benefits payable under DoD's college fund program.
Institute of Education Sciences; Notice Inviting Applications for Grants to Support Statewide Longitudinal Data Systems for Fiscal Year (FY) 2007
The Director of the Institute of Education Sciences (Institute) announces a competition for grants to support statewide longitudinal data systems. The Director takes this action under the Educational Technical Assistance Act of 2002 (Act), Title II of Public Law 107-279. The intent of these grants is to support the design, development, and implementation of statewide longitudinal data systems.
Federal Implementation Plan Under the Clean Air Act for Certain Trust Lands of the Forest County Potawatomi Community Reservation if Designated as a PSD Class I Area; State of Wisconsin
On June 29, 1995, and July 10, 1997, EPA proposed to approve a request by the Forest County Potawatomi Community (FCP Community) to redesignate certain trust lands within its reservation as Class I with respect to the Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) construction permit program. In these proposals, EPA did not explicitly state the mechanism it would use if it granted the redesignation request nor did the Agency include a draft of its codification. In this action, EPA is proposing that it will promulgate a Federal Implementation Plan (FIP) if it approves FCP Community's request and this action proposes potential codification language. This FIP will be implemented by EPA unless or until it is replaced by a Tribal Implementation Plan (TIP).
National Emergency Medical Services Advisory Council to the Secretary of Transportation
The Secretary of Transportation announces the establishment of a National Emergency Medical Services (EMS) Advisory Council (NEMSAC) to provide advice and recommendations regarding EMS matters to the U.S. Department of Transportation (DOT), National Highway Traffic Safety Administration (NHTSA). NHTSA's Office of Emergency Medical Services will serve as sponsor of the Advisory Council for the Secretary. The purpose of this notice is to inform interested parties of the establishment of NEMSAC and invite the submission to NHTSA of nominations/applications for membership, as well as comments on the strategies or issues that should be considered by NEMSAC.
Cut-to-Length Carbon Steel Plate from the People's Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review
On August 10, 2006, the Department of Commerce (``Department'') published in the Federal Register its preliminary results in the administrative review of the antidumping duty order on cut-to-length carbon steel plate (``CTL plate'') from the People's Republic of China (``PRC'') for the period November 1, 2004, through October 31, 2005. See Cut-to-Length Carbon Steel Plate from the People's Republic of China: Notice of Rescission, In Part, and Preliminary Results of Antidumping Duty Administrative Review, 71 FR 45768 (August 10, 2006) (``Preliminary Results''). Based upon our analysis of the comments received, as well as the hearing conducted, in this review, the Department continues to find that application of adverse facts available (``AFA'') is warranted with respect to China Metallurgical Import & Export Liaoning Company (``Liaoning Company''). The Department is also rescinding the administrative review with respect to Angang New Steel Co., Ltd. and Angang Group Hong Kong Co., Limited (collectively ``Angang''), as its request for review was timely withdrawn in accordance with 19 CFR 351.213(d)(1).
Johnson & Johnson and Pfizer Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Proposed Revision of Class E Airspace; Red Dog, AK
This action proposes to revise Class E airspace at Red Dog, AK. Two new Area Navigation (RNAV) Required Navigation Performance (RNP) Special Instrument Approach Procedures (SIAPs) and an RNAV RNP Special Departure Procedure (DP) are being developed for the Red Dog Airport. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Red Dog Airport, AK.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through April 30, 2010 the current OMB clearance for information collection requirements contained in its Contact Lens Rule (``Rule''). That clearance expires on April 30, 2007.
Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review; Correction
This is a correction to the notice of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 71 FR 69543 (December 1, 2006).
Approval and Promulgation of Air Quality Implementation; North Dakota; Revisions to New Source Review Rules
EPA is proposing to approve revisions adopted by North Dakota on February 1, 2005 to Chapter 33-15-15 of the North Dakota Administrative Code (Prevention of Significant Deterioration of Air Quality) that incorporate EPA's December 31, 2002 NSR Reforms. North Dakota submitted the request for approval of these rule revisions into the State Implementation Plan (SIP) on February 10, 2005. North Dakota has a federally-approved Prevention of Significant Deterioration (PSD) program for new and modified sources impacting attainment areas in the State. North Dakota is in attainment for all pollutants, and does not have a SIP-approved non-attainment permit program. On December 31, 2002, EPA published revisions to the Federal Prevention of Significant Deterioration (PSD) and non-attainment NSR regulations (67 FR 80186). These revisions are commonly referred to as ``NSR Reform'' regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. These regulatory revisions include provisions for baseline emissions determinations, actual-to-future- actual methodology, plantwide applicability limits (PALs), clean units, and pollution control projects (PCPs). On November 7, 2003, EPA published a reconsideration of the NSR Reform regulations that clarified two provisions in the regulations (68 FR 63021). On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued a ruling on challenges to the December 2002 NSR Reform revisions (State of New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). Although the Court upheld most of EPA's rules, it vacated both the Clean Unit and the Pollution Control Project provisions and remanded back to EPA the ``reasonable possibility'' standard for when a source must keep certain project-related records. North Dakota is seeking approval at this time for its PSD regulations to implement the NSR Reform provisions that have not been vacated by the June 24, 2005, court decision.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Mercury Cell Chlor-Alkali Plants (Renewal), EPA ICR Number 2046.03, OMB Control Number 2060-0542
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.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Excess Emissions Provisions
EPA is proposing two actions related to excess emissions provisions that were previously approved by EPA into the Nevada Department of Conservation and Natural Resources portion of the Nevada State Implementation Plan. These proposed actions include approval of a State request for rescission of certain provisions related to excess emissions and correction of an error made by the Agency in approving another provision also related to excess emissions. We are proposing to correct the error by disapproving the previously approved provision and thereby deleting the provision from the plan. The proposed approval of the rescission request is contingent upon receipt of certain public notice and hearing documentation from the State of Nevada. EPA is proposing these actions under the Clean Air Act authority to correct errors in approving, and obligation to take action on, State submittals of revisions to state implementation plans. The intended effect is to correct a past error in approving a particular provision into the plan and to allow for the rescission of closely-related provisions. EPA is taking comments on this proposal and plans to follow with a final action.
Importation of Fruits and Vegetables
We are amending the regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. Some of the fruits and vegetables are already eligible for importation under permit, but are not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to meet other special conditions. In one case, we are adding a systems approach that will provide an alternative to methyl bromide fumigation. These actions will provide the United States with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.
2,3,5,6-Tetrachloro-2,5-Cyclohexadiene-1,4-Dione; Proposed Significant New Use of a Chemical Substance; Reopening of Comment Period
EPA is reopening the public comment period for a proposed significant new use rule (SNUR) published in the Federal Register of May 12, 1993 (58 FR 27980) for the chemical chloranil (2,3,5,6- tetrachloro-2,5-cyclohexadiene-1,4-dione). EPA is planning to complete this rulemaking by issuing a final rule. Given the long period of time which has passed since EPA issued the proposed rule, EPA is reopening the comment period. This will provide an opportunity for commenters to update their comments and for additional commenters to contribute to the docket before EPA develops a final rule.
Proposed Test Rule for Certain Chemicals on the ATSDR/EPA CERCLA Priority List of Hazardous Substances; Extension of Comment Period
EPA is hereby extending the comment period for a proposed rule issued on October 20, 2006 (71 FR 61926) (FRL-8081-3), to require testing for certain chemicals on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA Priority List of Hazardous Substances to March 19, 2007. This extension is being made as a result of a request by a member of the public for additional time to submit comments.
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
This final rule amends guidance to consular offices for the waiver of personal appearance of applicants for nonimmigrant visas contained at 22 CFR 41.102, to conform to the requirements of Section 222(h) of the Immigration and Nationality Act, as added by section 5301 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). The final rule replaces the interim rule published in the Federal Register on July 7, 2003 and reflects legislation enacted subsequent to that rule.
Airworthiness Directives; Microturbo Saphir 20 Models 095 Auxiliary Power Units (APU)
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Experimental Study of Possible Footnotes and Cueing Schemes to Help Consumers Interpret Quantitative Trans
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.
Rescission of Social Security Ruling 88-10c, Bowen v. Galbreath
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling SSR 88-10c.
Call for Nominations for the Sonoran Desert National Monument Advisory Council
The Bureau of Land Management (BLM) is publishing this notice under Section 9(a)(2) of the Federal Advisory Committee Act. The BLM is giving notice that the Secretary of the Interior is extending the call for nominations for positions to the Sonoran Desert National Monument Advisory Council (SDNMAC). This notice request the public to submit nominations for membership on the SDNMAC. Any individual or organization may nominate one or more persons to serve on the SDNMAC. Individuals may nominate themselves for SDNMAC membership.
Notice and Request for Comments
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the currently approved Waybill Compliance Survey. This information collection is described in detail below. Comments are requested concerning (1) The accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Manufactured Food Regulatory Program Standards
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.
New Melones Lake Project Resource Management Plan/Environmental Impact Statement (RMP/EIS), Calaveras and Tuolumne Counties, CA
Pursuant to the National Environmental Policy Act (NEPA), the Reclamation Act of 1902, the Reclamation Project Act of 1939, and the Reclamation Recreation Management Act of 1992, the Bureau of Reclamation (Reclamation) proposes to prepare an integrated RMP/EIS for the New Melones Lake Project. Reclamation is the lead federal agency for NEPA. The RMP process is designed to evaluate current and future resource conditions for a management area and to analyze whether updated or new management actions are necessary to attain desired long- term goals. The public is invited to participate in the planning process by submitting comments during the scoping period and the public comment period on the draft RMP/EIS. Other opportunities to participate will be described during the public scoping meetings.
Procedures for Corporate Debt Collection
The Federal Deposit Insurance Corporation (FDIC) is amending 12 CFR part 313, Procedures for Corporate Debt Collection, to include delinquent criminal restitution debt within the debt covered by part 313.
Notice of Realty Action: Direct Sale of Public Lands in Clark County, NV
The Bureau of Land Management (BLM) proposes to sell by direct sale, two parcels of public land aggregating approximately 10.0 acres, more or less, in the Las Vegas Valley, Nevada, within the City of Henderson in Clark County, to M Holdings, LLC. The sale will be under the authority of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263, 112 Stat. 2343), as amended, (``SNPLMA''). The land will be offered noncompetitively as a direct sale in accordance with the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), and the BLM's land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720 at not less than the appraised Fair Market Value (FMV) of the parcels.
Public Land Order No. 7673; Partial Revocation of Public Land Order No. 1396, and Revocation of Public Land Order No. 1996; Alaska
This order revokes two public land orders insofar as they affect 118.60 acres of public lands withdrawn from surface entry, mining, and mineral leasing and reserved for use by the Department of the Air Force for military purposes at Fort Yukon. The lands are no longer needed for the purpose for which they were withdrawn.
Submission for OMB Review; Comment Request
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Watch List Redress Request for Public Comment
The Privacy and Civil Liberties Oversight Board, established by the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458, December 17, 2004), advises the President and other senior executive branch officials to ensure that concerns about privacy and civil liberties are appropriately considered in the implementation of laws, regulations, and executive branch policies related to efforts to protect the Nation against terrorism. This includes advising on whether adequate guidelines, supervision, and oversight exist to protect the important legal rights of all Americans. Processes currently exist to redress errors and ameliorate false positives associated with the use of watch list data for aviation and other security screening purposes. Efforts to address, enhance, conform, and potentially streamline these procedures are ongoing throughout the Federal Government, and the Board is assisting relevant executive branch departments and agencies in those efforts. The Board seeks any comments, suggestions or other information from members of the public who have knowledge on this subject. Comments may be forwarded via the Board's Web site at https://www.PrivacyBoard.gov. While there is no specific deadline for the submission, the Board is interested in receiving public comments soon. The Board is unable to respond to individual comments and cannot assist individual redress requests. Information gathered will be used solely to assist the Board in understanding the effects of policy and program operations on Americans' civil liberties.
Proposed Agency Information Collection Activities; Comment Request-Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and continuing information collections, as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3507. The Office of Thrift Supervision within the Department of the Treasury will submit the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. Today, OTS is soliciting public comments on its proposal to extend this information collection.
Notice of Opportunity To Comment on Model Safety Evaluation and Model License Amendment Request on Technical Specification Improvement Regarding Adding an Action Statement for Two Inoperable Control Room Air Conditioning Subsystems
Notice is hereby given that the staff of the U.S. Nuclear Regulatory Commission (NRC) has prepared a model license amendment request (LAR), model safety evaluation (SE), and model proposed no significant hazards consideration (NSHC) determination related to changes to Standard Technical Specification (STS) 3.7.5 (STS 3.7.4 for BWR/6), ``Control Room Air Conditioning (AC) System'' for NUREG-1433 and NUREG-1434. The proposed changes would also revise the Bases for STS 3.7.5 (STS 3.7.4 for BWR/6). The General Electric Boiling Water Reactor Owners Group (BWROG) participants in the Technical Specifications Task Force (TSTF) proposed these changes to the STS in TSTF-477, Revision 3, ``Add an Action for Two Inoperable Control Room AC Subsystems.'' The purpose of these models is to permit the NRC to efficiently process amendments to incorporate changes into plant-specific Technical Specifications (TS) for General Electric Boiling Water Reactors (BWR). Licensees of nuclear power reactors to which the models apply can request amendments conforming to the models. In such a request, a licensee should confirm the applicability of the model LAR, model SE and NSHC determination to its plant. The NRC staff is requesting comments on the model LAR, model SE and NSHC determination before announcing their availability for referencing in license amendment applications.
Applications for Funding Under Intelligent Transportation Systems Operational Testing To Mitigate Congestion Program
In May 2006, the U.S. Department of Transportation (the Department) announced its National Strategy to Reduce Congestion on America's Transportation Network (the Congestion Initiative), a bold and comprehensive national program to reduce congestion on the Nation's roads, rails, runways, and waterways. One major component of the Congestion Initiative is the Urban Partnership Agreement (UPA). By separate notice in the Federal Register, the Department has solicited metropolitan areas to enter into UPAs to demonstrate strategies with a combined track record of effectiveness in reducing traffic congestion. See Applications for Urban Partnership Agreements as Part of Congestion Initiative, (71 FR 71231) dated December 8, 2006. To support this national strategy, the Department intends to award cooperative agreements to one or more successful jurisdictions to operationally test, demonstrate, and evaluate region- wide innovative technology based congestion mitigation strategies. The purpose of this notice is to solicit proposals by metropolitan areas to the Intelligent Transportation Systems Operational Testing to Mitigate Congestion (ITS-OTMC) Program for funding the implementation of innovative congestion-reducing technologies. The Department may provide successful jurisdictions up to $100 million over three years through the ITS-OTMC Program in support of innovative technology-based strategies to reduce congestion. This notice is one of three solicitations being issued by the Department in connection with the Congestion Initiative. See below ``SUPPLEMENTARY INFORMATION: Coordination with Other Congestion Initiative Solicitations.''
Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Construction Vessels and Equipment Under and in Immediate Vicinity of West Span
The Coast Guard is establishing a temporary safety zone around construction vessels and mooring lines under the West Span of the Tacoma Narrows Bridge during the deck erection phase of construction. This safety zone will be in effect regardless of whether construction vessels are present or not. This zone approximately encompasses all waters from the Gig Harbor shoreline to just east of the west bridge caissons, extending 1500 feet north and south. The Coast Guard is taking this action to safeguard the public from possible collision with the vessels or their mooring lines, chains, or cables. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Solicitation of Applications for Fiscal Year (FY) 2007, Commercial Motor Vehicle (CMV) Operator Safety Training Grant Opportunity
FMCSA announces that it has published an opportunity to apply for FY 2007 CMV Operator Safety Training Grant Opportunity funding on the grants.gov Web site (https://www.grants.gov). Section 4134 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU) establishes the CMV Operator Safety Training Grant Opportunity program. The legislation requires grant recipients to train drivers and future drivers in the safe operation of CMVs, as defined in Section 31301 of Title 49, United States Code. Priority will be given to regional or multi-state educational or nonprofit associations serving economically distressed regions of the United States. Eligible awardees also can include State governments, local governments, and accredited post-secondary educational institutions (public or private) such as colleges, universities, vocational-technical schools and truck driver training schools. To apply for funding, applicants must be registered with grants.gov. Registration with grants.gov may take two to five days before the system will allow you to apply for grants using the grants.gov Web site (https://www.grants.gov/applicants/getregistered.jsp). Submit application in accordance with the instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site. The CFDA number for MCSAP is 20.235.
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