December 2006 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary security zone encompassing certain waters of the Choptank River. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents during the U.S. House Republican Issues Conference, being held during January 24-26, 2007. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.

The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100 yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature while we undertake a separate, notice-and-comment rulemaking to establish a permanent security zone for escorted vessels in the COTP Jacksonville Zone.

This notice advises the public that the National Institute of Standards and Technology (NIST) is distributing a proposed revision of Voluntary Product Standard (PS) 1-95, Construction and Industrial Plywood. This standard, prepared by the Standing Committee for PS 1, establishes requirements, for those who choose to adhere to the standard, for the principal types and grades of structural plywood and provides a basis for common understanding among producers, distributors, and users of the product. Interested parties are invited to review the proposed standard and submit comments to NIST.

The inventions listed below are owned in whole or in part by the U.S. Government, as represented by the Department of Commerce. The U.S. Government's ownership interest in the inventions are available for licensing in accordance with 35 U.S.C. 207 and 37 CFR Part 404 to achieve expeditious commercialization of results of federally funded research and development.

Notice is hereby given that a proposed Administrative Order on Consent (``Agreement'') concerning portions of the Fort Ord Superfund Site (``Site'') in Monterey, California has been negotiated by the United States Environmental Protection Agency (``EPA''), the California Department of Toxic Substances Control (``DTSC'') and the Fort Ord Reuse Authority (``Respondent'') subject to the final review and approval of the EPA, DTSC and the U.S. Department of Justice. The proposed Agreement concerns cleanup of portions of the Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9604, 9606 and 9622 (``CERCLA''). Pursuant to a Federal Facilities Agreement (``FFA''), the U.S. Army (``Army'') is required to perform the CERCLA response actions for the Site; however, the FFA will be amended to suspend the obligations of the Army to conduct those response actions that will be undertaken by the Respondent pursuant to the Agreement. The Army is preparing a Finding of Suitability for Early Transfer (``FOSET''), which will be submitted to EPA Region 9, and the State of California for their approval after a public comment period. Upon approval of the FOSET, the Army will transfer portions of the Site to the Respondent. The Army and the Respondent will enter into an Environmental Services Cooperative Agreement, which will require the Respondent to perform certain CERCLA response actions on the transferred portions of the Site, using grant monies from the Army. The proposed Agreement would require the Respondent to prepare and perform removal actions, one or more remedial investigations and feasibility studies and one or more remedial designs and remedial actions for certain contaminants present on the transferred portions of the Site, under the oversight of EPA and the State of California. The proposed Agreement includes EPA and DTSC covenants not to sue or to take administrative action against the Respondent, provided that the Respondent complies with all the terms and conditions of the Agreement. The Agreement also commits the Respondent to reimburse direct and indirect future response costs incurred by EPA and DTSC in connection with actions conducted under CERCLA at the transferred portions of the Site. For thirty (30) calendar days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.

On December 15, 1995, EPA issued national emission standards for hazardous air pollutants (NESHAP) under section 112 of the Clean Air Act for shipbuilding and ship repair (surface coating) operations (subpart II). The NESHAP requires existing and new major sources to control emissions of hazardous air pollutants to the extent achievable by the use of maximum achievable control technology. The proposal is intended to close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63, subpart VVVV. We have also added a definition of ``commercial'' to clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in 40 CFR part 63, subpart II.

EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for shipbuilding and ship repair (surface coating) operations (subpart II) promulgated on December 15, 1995 (60 FR 64330), under the authority of section 112(d) of the Clean Air Act (CAA). These direct final rule amendments close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to Subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for the boat manufacturing at 40 CFR part 63 subpart VVVV. We have also added a definition of ``commercial'' to further clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in subpart II.

EPA continues to have environmental concerns about potential impacts to source and ground water. The Final EIS should include a monitoring and adaptive management program to assure that program objectives are met.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of two meetings (via conference call) of the Board of Scientific Counselors (BOSC) Technology for Sustainability Subcommittee.

As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2007, it intends to request public comments on the rules and guides listed below. The Commission will request comments on, among other things, the economic impact of, and the continuing need for, the rules and guides; possible conflict between the rules and guides and state, local, or other federal laws or regulations; and the effect on the rules and guides of any technological, economic, or other industry changes. No Commission determination on the need for or the substance of the rules and guides should be inferred from the notice of intent to publish requests for comments. In addition, the Commission announces a revised 10-year regulatory review schedule.

Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model Application related to changes to the Standard Technical Specifications (STS), Section 3.7.2, ``Main Steam Isolation Valves (MSIVs)'' and Section 3.7.3 ``Main Feedwater Isolation Valves (MFIVs), Main Feedwater Regulation Valves (MFRVs), and [associated bypass valves].'' The changes remove the specific isolation time for the isolation valves from the associated STS Surveillance Requirements (SRs). The bracketed isolation time in the STS SRs is replaced with the requirement to verify the valve isolation time is within limits. The specific isolation time required to meet the STS surveillances would be located outside of the technical specifications in a document subject to control by the 10 CFR 50.59 process. The NRC staff has also prepared a model safety evaluation (SE) and no significant hazards consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to adopt the associated changes into plant-specific technical specifications (TS). Licensees of nuclear power reactors to which the models apply may request amendments confirming the applicability of the SE and NSHC determination to their reactors.

The Food and Drug Administration (FDA) is announcing a tentative schedule of forthcoming meetings of its public advisory committees for 2007. During 1991, at the request of the Commissioner of Food and Drugs (the Commissioner), the Institute of Medicine (the IOM) conducted a study of the use of FDA's advisory committees. In its final report, one of the IOM's recommendations was for the agency to publish an annual tentative schedule of its meetings in the Federal Register. This publication implements the IOM's recommendation.

Pursuant to Public Law 92-463, notice is hereby given of the forthcoming meeting of the Air Force Scientific Advisory Board. The purpose of the meeting is to hold the winter quarterly meeting, discuss the results of the Fiscal Year 2007 Science and Technology Quality Review, and plan for accomplishing the five, Air Force leadership- directed studies for Fiscal Year 2007. The titles of the five studies are: Implications of Cyber Warfare, Operational Utility of Small Satellites, Theater Ballistic Missile Threat Assessment, Thermal Management Technology Solutions, Use and Sustainment of Composites in Aircraft. The meeting will be open to the public from 8 a.m. to 9 a.m. for opening remarks from the Chair and a briefing from Public Affairs on relations with the media. The remainder of the meeting will be closed to the public to discuss matters covered under subsection (c), subparagraphs (1), (4), and (9)(B) of Section 552b, Title 5, United States Code.

The U.S. Fish and Wildlife Service (we, the Service) has received applications for enhancement of survival permits pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA), from four Resource Conservation and Development councils (RC&Ds, Applicants) in the State of Hawaii: Garden Island RC&D, Kauai County; Tri-Isle RC&D, Maui County; Big Island RC&D, Hawaii County; and Oahu RC&D, Honolulu County. The permit applications include a proposed programmatic Safe Harbor Agreement (SHA) between the Applicants and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the habitat and recovery of Hawaiian goose (Branta sandvicensis), Hawaiian duck (Anas wyvilliana), Hawaiian moorhen (Gallinula chloropus sandvicensis), Hawaiian coot (Fulica alai), and Hawaiian stilt (Himantopus mexicanus knudseni) (collectively ``Covered Species'') on non-Federal lands in the State of Hawaii. The proposed duration of both the SHA and permits is 50 years. The Service believes that the proposed SHA and permit applications may be eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this is contained in a draft Environmental Action Statement, which also is available for public review. The Service and the State of Hawaii's Department of Fish and Wildlife (DOFAW) hold concurrent processes for the review of both Federal and State permit applications and draft Safe Harbor Agreements. As part of the DOFAW process, public meetings will take place to allow for discussion and comment. Dates and locations for which DOFAW has scheduled public meetings are: December 5, 2006, Lanai High School, Lanai City; December 7, 2006, Kalanimoku Building, Room 132, Honolulu; December 12, 2006, Lihue Neighborhood Community Center, Lihue; December 13, 2006: Mitchell Pauole Community Center, Kaunakakai; December 19, 2006, Velma McWayne Santos Community Center, Wailuku; December 21, 2006, Hilo Division of Forestry and Wildlife Office, Hilo. All meetings are scheduled to begin at 7 p.m.