June 2007 – Federal Register Recent Federal Regulation Documents

The proposed information collection requirement described below will be 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.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) Sec. Sec. 102-3.140 thorough 160, the Department of Defense announces the forthcoming public meeting: Name of Commission: President's Commission on Care for America's Returning Wounded Warriors (hereafter referred to as the Commission). Date of Meeting: July 16, 2007. Time of Meeting: 10 a.m. to (To Be Determined). Place of Meeting: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. Purpose of Meeting: Review and evaluate the Commission's report and the findings and recommendations related to the Commission's mission to examine the care provided to wounded service members. Agenda: 9 a.m. to 9:45 a.m.Administrative Work Meeting (Not Open to the Public). 10 a.m.(Public Session). 10 a.m.Review and Evaluation of Commissions Findings and Recommendations. End: TBD. Subject to the availability of seating, this meeting is open to the public. The Commission will be discussing its final report and recommendations, consequently there will be no oral public forum. Any person desiring to make a written submission must provide the point of contact listed below with one (1) copy of the written submission by 11 July 2007 5 p.m. and one copy of any material intended for distribution at the meeting. Point of Contact is Teresa Barnes or Leslie Smith. Telephone number is toll free (877) 588-2035 or fax statements (703) 588-2046.

Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meet at USAFA, Colorado Springs, Colorado, on 27-28 July 2007. The purpose of this meeting is to review morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy. Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102-3.155, the Department of Defense has determined that portions of this meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that portions of this meeting be closed to the public because they will be concerned with matters listed in 552b(c)(6) and (9) of Title 5 United States Code. Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-served basis up to the reasonable and safe capacity of the meeting room. In addition, any member of the public wishing to provide input to the USAFA BoV should submit a written statement in accordance with 41 CFR 102-3.140(c) and a section 10(a)(3) of the Federal Advisory Committee Act (FACA) and the procedures described in this paragraph. Written statements should be no longer than two type-written pages and must address the following details: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to established the appropriate historical context and provide any necessary background information. Written statements can be submitted to he Designated Federal Officer (DFO) at the address detailed below at any time. However, if a written statement is not received at least 10 days before the first day of the meeting which is the subject of this notice, then it may not be provided to, or considered by, the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairperson and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the name of BoV members and any releasable materials presented during open portions of this BoV meeting shall be made available upon request. If, after review of timely submitted written comments, the BoV Chairperson and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present their issue during an open portion of the BoV meeting that is the subject of this notice. Members of the BoV may also petition the Chairperson to allow specific persons to make oral presentations before the BoV. Any oral presentations before the BoV shall be in accordance with 41 CFR 102- 3.140(c), section 10(a)(3) of the FACA, and this paragraph. The DFO and BoV Chairperson may, if desired, allot a specific amount of time for members of the public to present their issue for BoV review and discussion. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairperson.

This notice announces actions taken by the Federal Highway Administration (FHWA) and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). These actions relate to the proposed construction of the approximately 24-mile-long Yuma Area Service Highway, which has been designated as State Route 195 by the State Transportation Board in Arizona. This includes new roadway from the planned commercial International Port of Entry, located near San Luis, Arizona on the US/Mexico border, to Interstate 8. The alignment follows Avenue E north for about 2 miles to County 23rd Street, east on County 23rd Street for about 8 miles, north for about 9 miles within the westernmost portion of the Barry M. Goldwater Range, and continues north for about 3.5 miles between Avenue 6E and Avenue 7E to the existing Interstate 8/Araby Road Traffic Interchange. The actions being taken grant approvals for the project.

NMFS issues a proposed rule for substantial revisions to recordkeeping and reporting (R&R) requirements. This proposed rule would also change a variety of fisheries permits provisions. Several definitions would be changed. Further, this proposed rule also revises a Sitka Pinnacles Marine Reserve closure provision and a groundfish observer provision regarding at-sea vessel-to-vessel transfers. This proposed rule would change certain crab provisions, including fee calculations. Detailed information on these changes is presented in the SUPPLEMENTARY INFORMATION section below. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and to further the goals and objectives of the Alaska fishery management programs.

In the Federal Register notice dated April 9, 2007 (72 FR 17551), EPA posted a Notice of Settlement under Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), concerning the Anaconda/Milgo Superfund Site located in Miami, Dade County, Florida. In the body of the settlement one of the settling PRPs, Dade Metals Corporation, was mistakenly not listed as one of the settling parties. EPA has amended the settlement to add Dade Metals Corporation. The past cost portion of the settlement remains unchanged.

EPA is announcing that the comment period on the proposed rule amendments for the Standards of Performance for Petroleum Refineries, published on May 14, 2007, is being extended until August 27, 2007.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004 Hyundai XG350 passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) They are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

The Federal Motor Carrier Safety Administration (FMCSA) grants the American Pyrotechnics Association's (APA) application for an exemption from the prohibition against driving a commercial motor vehicle (CMV) after the 14th hour of coming on duty. The exemption is applicable for a period beginning 7 days prior to, and 2 days immediately following Independence Day in 2007 and 2008. Fireworks personnel who operate CMVs for the nine companies listed in this notice, in conjunction with fireworks shows celebrating Independence Day, are allowed to exclude off-duty and sleeper-berth time of any length in the calculation of the 14 hours. However, drivers are not allowed to drive after accumulating a total of 14 hours of on-duty time, following 10 consecutive hours off duty, and continue to be subject to the 11-hour driving time limit and the 60- and 70-hour weekly limits. No substantive comments were received in response to the Agency's May 30, 2007 notice requesting public comment on the APA application. The FMCSA has determined that the granting of the exemption would achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

The U.S. Environmental Protection Agency (EPA), Office of Research and Development National Center for Environmental Assessment (NCEA) is preparing an Integrated Science Assessment (ISA) as part of the review of the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). This ISA is intended to update and revise, where appropriate, the scientific assessment presented in the Air Quality Criteria for Particulate Matter (PM), EPA/600/P-99/002aF-bF, published in October 2004. Interested parties are invited to assist the EPA in developing and refining the scientific information base for PM by submitting research studies that have been published, accepted for publication, or presented at a public scientific meeting.

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2007 SARs.

The National Marine Fisheries Service (NMFS) is publishing its proposed List of Fisheries (LOF) for 2008, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2008 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.

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.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment on its proposal. Specifically, the FMCSA requests OMB's approval to revise an ICR entitled, ``Training Certification for Drivers of Longer Combination Vehicles (LCVs).'' This ICR is necessary due to the paperwork requirement to complete and maintain training certificates that drivers must present to prospective employers. These certificates serve as proof the drivers have successfully completed sufficient training to operate LCVs safely on our Nation's highways. Motor carriers are required to maintain a copy of the training certification in each LCV driver's qualification (DQ) file, which may be reviewed by Federal or State enforcement officials.

The Nuclear Regulatory Commission currently has three separate documents providing guidance to the public on how to submit documents electronically to the agency. The NRC has consolidated these documents into one guidance document and is issuing it for public comment. This guidance contains a new chapter providing guidance for Combined License Application (COLA) submittals. Its provisions pertaining to electronic filings in adjudications (other than the high level waste repository licensing proceeding and the Vogtle early site permit proceeding) are not to be used until the Commission issues its final rule on the subject.

This document dismisses an Application for Review filed by Meadowlark Group, Inc. directed to the Memorandum Opinion and Order in this proceeding. With this action, the proceeding is terminated.

On June 20, 2007, we published in the Federal Register (72 FR 33986) a notice inviting applications for new awards for two fiscal year (FY) 2007 competitions under the Charter Schools Program (CFDA 84.282B and CFDA 84.282C). That notice incorrectly included Alaska, Missouri, and New Hampshire in the list of States that currently have approved applications under the CSP. Non-State educational agency (Non- SEA) eligible applicants in States that currently have approved applications under the CSP are ineligible to apply under these competitions and must contact the SEA for information related to the State's CSP subgrant competition. Because Alaska, Missouri, and New Hampshire do not currently have approved applications under the CSP, non-SEA eligible applicants from these three states are, in fact, eligible to apply directly to the Department for CSP grants under these competitions. For these reasons, we are removing Alaska, Missouri, and New Hampshire from the list of States that currently have approved applications under the CSP. The Note on page 33986, in the third column, under III. Eligibility Information, 1. Eligible Applicants: Planning and Initial Implementation (CFDA No. 84.282B) is corrected to read as follows:

The EPA Science Advisory Board (SAB) Staff Office announces the formation of SAB Panels to address issues related to uncertainty analysis and expert elicitation and is soliciting nominations for members of the Panels.

The Environmental Protection Agency (EPA), Region II, announces the deletion of the Mannheim Avenue Dump Superfund Site (Site), located in Galloway Township, New Jersey, from the National Priorities List (NPL) and will consider public comment on this action. The NPL was promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended and is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This Direct Final Deletion is being published by EPA with the concurrence of the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP). EPA and NJDEP have determined that potentially responsible parties have implemented all appropriate response actions under CERCLA, and further remedial action pursuant to CERCLA is not appropriate. Moreover, EPA and NJDEP have determined that the Site poses no significant threat to public health and the environment.