2006 – Federal Register Recent Federal Regulation Documents

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements for preparation of material inspection and receiving reports under DoD contracts. In addition, the rule relocates text to the DFARS companion resource, Procedures, Guidance, and Information.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the restriction on the acquisition of foreign carbon, alloy, or armor steel plate. The restriction implements provisions of annual DoD appropriations acts.

EPA is proposing to approve revisions to the Kern County Air Pollution Control District (KCAPCD) portion of the California State Implementation Plan (SIP). The KCAPCD revisions concern permitting requirements. We are proposing to approve local rules that administer regulations under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The National Science Foundation (NSF) is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

The Environmental Protection Agency (EPA or Agency) is proposing amendments to its procedures for implementing the requirements of the National Environmental Policy Act of 1969 (NEPA). This proposed rule also includes minor, technical amendments to the Agency's procedures for implementing Executive Order 12114, ``Environmental Effects Abroad of Major Federal Actions.'' This proposed rule would amend EPA's NEPA implementing procedures by: consolidating and standardizing the procedural provisions and requirements of the Agency's environmental review process under NEPA; clarifying the general procedures associated with categorical exclusions, consolidating the categories of actions subject to categorical exclusion, amending existing and adding new categorical exclusions, and consolidating and amending existing and adding new extraordinary circumstances; consolidating and amending the listing of actions that generally require an environmental impact statement; clarifying the procedural requirements for consideration of applicable environmental review laws and executive orders; and incorporating other proposed revisions consistent with the Council on Environmental Quality's regulations (CEQ's Regulations).

The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce Corporation (RRC) 501-D series turboprop engines. That AD requires removal from service of certain turbine rotor components at reduced life limits. This AD requires the same actions but adds two new life limits. This AD results from RRC reevaluating and revising component life limits for 501-D22 series turboprop engines. We are issuing this AD to prevent uncontained turbine rotor failure resulting in an in-flight engine shutdown and possible damage to the airplane.

We, the U.S. Fish and Wildlife Service (Service), withdraw the proposed rule, published in the Federal Register on January 19, 2006 (71 FR 3158), to list Penstemon grahamii (Graham's beardtongue) as a threatened species with critical habitat under the Endangered Species Act (Act) of 1973, as amended. We have determined that listing is not warranted because threats to the species as identified in the January 19, 2006, proposed rule are not significant, and available data do not indicate that the threats to the species and its habitat, as analyzed under the five listing factors described in section 4(a)(1) of the Act, are likely to threaten or endanger the species in the foreseeable future throughout all or a significant portion of its range. Our decision to withdraw the proposed rule to list Penstemon grahamii also removes the species from candidate status under the Act.

On Friday, November 24, 2006 (71 FR 67873), the Centers of Medicare & Medicaid Services (CMS) published a Notice document titled ``Agency Information Collection Activities; Proposed Collection; Comment Request''. That notice invited public comments on three separate information collections. Through the publication of this document, CMS is retracting the portion of that notice requesting public comment on the Information Collection Requirement titled ``Medicaid Drug Program Monthly Quarterly Drug Reporting Format'', form number CMS-367 (OMB 0938-0578).

Section 5 paragraph 3 of the Federal Lands Recreation Enhancement Act (REA) of December 2004 (16 U.S.C. 6804(a)(3)) requires that the Secretaries of Interior and Agriculture publish a notice in the Federal Register when the ``America the Beautifulthe National Parks and Federal Recreational Lands Pass'' is first established and available for purchase. The new pass program was created in response to requirements of the REA. The new pass replaces the Golden Eagle, Golden Age, and the Golden Access Passports, as well as the National Parks Pass, which currently support recreation opportunities on public lands managed by the United States Forest Service, National Park Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the Bureau of Reclamation. Sales of the new pass are scheduled to begin in January 2007. The new pass will be sold at Federal recreation sites that charge entrance and standard amenity fees. The pass will also be available through links on government Web sites including creation.gov and through select third-party vendors.

This notice updates the previous notice, ``Notice of Open Meeting'' published on December 6, 2006 (71 FR 70743). In accordance with section 10(a)(2) of Public Law 92-463, the Federal Advisory Committee Act, announcement is made of the following meeting. Name of Committee: DoD Task Force on Mental Health, a Subcommittee of the Defense Health Board. Dates: December 18, 2006 (AfternoonOpen Session), December 19, 2006 (MorningOpen Session), December 20, 2006 (Morning and AfternoonOpen Session). Times: 1300-1500 hours (18 December), 0800-1100 hours (19 December), 0800-1700 hours (20 December). Location: Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA. Agenda: The purpose of the meeting is to obtain, review, and evaluate information related to the Mental Health Task Force's congressionally-directed task of assessing the efficacy of mental health services provided to members of the Armed Forces by the Department of Defense. The Task Force members will receive briefings on topics related to mental health concerns among military service members and mental health care delivery. The Task Force will hold a ``Town Hall Meeting'' session to hear concerns from the Washington, DC metro area active Duty Military, National Guard and Reserve, and Veterans communities and conduct executive working sessions.

This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D: 2007-08 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2008. This rule would also amend the Customary and Traditional Use Determinations of the Federal Subsistence Board and the General Regulations related to the taking of fish and shellfish.

The purpose of this notice is to: (1) Announce the publication of interim CMAQ guidance; and (2) solicit public comment on the contents of the interim guidance. Sections 1101, 1103 and 1808 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, Aug. 10, 2005) amended the Congestion Mitigation and Air Quality Improvement (CMAQ) Program, and authorizes $8.6 billion to support the CMAQ program in 2005-2009. The interim guidance went into effect October 31, 2006; however, we will review all comments submitted to the docket and will modify the guidance as necessary or appropriate.

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.

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.

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.

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.

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.

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).

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.

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.

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.