July 3, 2007 – Federal Register Recent Federal Regulation Documents

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. Title of Information Collection: U.S. Passport Demand Study Phase II. Type of Request: Emergency Review. Originating Office: Bureau of Consular Affairs, CA/PPT. Form Number: SV-2007-0021. Respondents: Current and potential future Canadian and Mexican land border crossers. Estimated Number of Respondents: Approximately 4,000 respondents. Average Hours per Response: 10 minutes per response. Total Estimated Burden: 667 hours. Frequency: One time. Obligation to Respond: Voluntary. The proposed information collection is published to obtain comments from the public and affected agencies. Emergency review and approval of this collection has been requested from OMB by July 6, 2007. If granted, the emergency approval is only valid for 180 days. Comments should be directed to the State Department Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20530. Fax: 202-395-6974. During the first 60 days of this emergency approval period, a regular review of this information collection is also being undertaken. Comments are encouraged and will be accepted until 60 days from the date that this notice is published in the Federal Register. The agency requests written comments and suggestions from the public and affected agencies concerning the proposed collection of information. Your comments are being solicited to permit the agency to: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, including through the use of automated collection techniques or other forms of technology. Abstract: The purpose of this telephone survey of a representative sample of U.S. households selected from areas with the largest numbers of land border crossers, is to establish an accurate estimate of U.S. citizens who will apply for a new passport for cross-border travel (land travel between Mexico and the U.S. as well as Canada and the U.S.) over the next several years, and especially within the next six to 12 months. Methodology: All interviews will be collected using a state-of-the- art Computer Assisted Telephone Interviewing (CATI) system. This system allows interviewers to enter responses directly into a computer, which instantaneously feeds the information from each station to a mainframe computer. For Additional Information: Public comments, or requests for additional information, regarding the collection listed in this notice should be directed to Alan J. Swygert, Bureau of Consular Affairs, Passport Services, U.S. Department of State, Washington, DC 20520, who may be reached on 202-663-2647, or at SwygertAJ@state.gov.

The proposed extension of the currently approved information collection requirement concerning Housing Discrimination Information Forms HUD 903.1, HUD 903.1A, HUD-903-1B, HUD-903.1F, HUD-903.1KOR, HUD- 903.1C, HUD-903.1CAM, and HUD-903.1RUS will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. HUD will also solicit public comments on the subject proposal.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management (BLM), Casper Field Office announces its intent to prepare one EIS on the potential impacts of leasing four tracts of Federal coal. The EIS will be called the Wright Area Coal EIS. Under the provisions of 43 Code of Federal Regulations (CFR) 3425.1, the BLM received the following applications to lease maintenance tracts (a maintenance tract is a parcel of land containing Federal coal reserves that can be leased to maintain production at an existing mine) in Campbell County, Wyoming: Ark Land Company applied for a maintenance coal lease for approximately 4,590.19 acres (approximately 588.2 million tons of coal) in a maintenance tract of Federal coal adjacent to the Black Thunder Mine. The tract, which is referred to as the Hilight Field Tract, has been assigned case number WYW164812. Ark Land Company applied for a maintenance coal lease for approximately 2,370.52 acres (approximately 428 million tons of coal) in a maintenance tract of Federal coal adjacent to the Black Thunder Mine. The tract, which is referred to as the West Hilight Field Tract, has been assigned case number WYW172388. Jacobs Ranch Coal Company applied for a maintenance coal lease for approximately 5,944.37 acres (approximately 956 million tons of coal) in a maintenance tract of Federal coal adjacent to the Jacobs Ranch Mine. The tract, which is referred to as the West Jacobs Ranch Tract, has been assigned case number WYW172685. BTU Western Resources, Inc. applied for a maintenance coal lease for approximately 5,116.65 acres (approximately 598 million tons of coal) in a maintenance tract of Federal coal adjacent to the North Antelope Rochelle Mine. The tract, which is referred to as the Porcupine Tract, has been assigned case number WYW173408. Consistent with Federal regulations under NEPA and the Mineral Leasing Act of 1920, as amended, the BLM must prepare an environmental analysis prior to holding a competitive Federal coal lease sale. The Powder River Regional Coal Team recommended that BLM process these four coal lease applications after they reviewed the Hilight Field, West Hilight Field, and West Jacobs Ranch Tracts at a public meeting held on April 19, 2006, in Casper, Wyoming, and the Porcupine Tract at a public meeting held on January 18, 2007, in Casper, Wyoming.

This notice announces the disposition of the product petitions accepted for review in the 2006 GSP Annual Product Review, the results of the 2006 Country Practices Review, the results of the 2006 De Minimis Waiver and Redesignation Reviews, the 2006 Competitive Need Limitation (CNL) Removals, and certain CNL Waiver Revocations. The disposition of the petitions and other results are available at: http:/ /www.ustr.gov/TradeDevelopment/PreferencePrograms/GSP/Section Index.html and as published in Presidential Proclamation 8157 in the June 29, 2007, Federal Register.

The Food and Drug Administration (FDA) is requesting comments concerning the establishment of program priorities in the Center for Food Safety and Applied Nutrition (CFSAN) for fiscal year (FY) 2008. As part of its annual planning, budgeting, and resource allocation process, CFSAN is reviewing its programs to set priorities and establish work product expectations. This notice is being published to give the public an opportunity to provide input into the priority- setting process.

The Food and Drug Administration (FDA) is denying the petition submitted by Scientific Laboratory Products LTD., to reclassify electroencephalogram (EEG) electrodes from class II to class I. The agency is denying the petition because the Scientific Laboratory Products LTD., failed to provide sufficient new information to establish that general controls would provide reasonable assurance of the safety and effectiveness of the devices. This document also summarizes the basis for the agency's decision.

On April 6, 2007, notice was published in the Federal Register that NMFS and the Minerals Management Service had released for public comment a Draft Programmatic Environmental Impact Statement (Draft PEIS) for Seismic Surveys in the Beaufort and Chukchi Seas, Alaska. Based on a written request, the comment period on this document has been extended.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is proposing action on a revision to New Jersey's State Implementation Plan (SIP) submitted on February 6, 2007. EPA is proposing to fully approve its incorporation into the SIP provided New Jersey's final rule is consistent with the modifications discussed herein. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR) and the CAIR Federal Implementation Plans (CAIR FIPs) concerning sulfur dioxide (SO2), and annual and ozone season oxides of nitrogen (NOX) emissions. EPA is not proposing to make any changes to the CAIR FIPs, but is proposing to the extent EPA approves New Jersey's SIP revision, to amend the appropriate appendices in the CAIR FIP trading rules simply to note that approval. On April 28, 2006, EPA promulgated CAIR FIPs for States covered by CAIR as a backstop to implement the requirements of CAIR until States have obtained fully approved SIPs to replace the FIPs. The FIPs require certain electric generating units (EGUs) to participate in the Federal CAIR cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions. The CAIR FIPs also provide that States may submit ``abbreviated'' SIP revisions to replace or supplement specific elements of the FIPs, leaving the remainder of the overall FIPs in place, rather than submitting full SIP revisions that replace the FIPs. The New Jersey SIP revision that EPA is proposing to approve is an abbreviated SIP revision that will replace two provisions of the CAIR FIP that allow the State to: (1) Use a methodology chosen by the State for allocation of annual and ozone season NOX allowances and; (2) use a methodology chosen by the State for allocation of NOX annual allowances from the NOX annual Compliance Supplemental Pool (CSP). The revision retires, rather than allocates allowances from the NOX annual CSP. The SIP revision that EPA is proposing to approve will also satisfy New Jersey's 110(a)(2)(D)(i) obligations to submit a SIP revision that contains adequate provisions to prohibit air emissions from adversely affecting another State's air quality through interstate transport. The intent of this proposed revision is to approve a State specific CAIR program which will result in emission reductions necessary to prevent the interstate transport of air pollutants. The revision also shows that the interstate transport of pollutants from the State has been adequately addressed in the applicable implementation plan.

Notice is hereby given that Inwater Research Group, Inc. (Michael J. Bresette-Responsible Party), 4160 NE Hyline Dr, Jensen Beach, FL 34957 has been issued a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.

The Securities and Exchange Commission (``Commission'') is amending the short sale price test under the Securities Exchange Act of 1934 (``Exchange Act''). The amendments are intended to provide a more consistent regulatory environment for short selling by removing restrictions on the execution prices of short sales (``price tests'' or ``price test restrictions''), as well as prohibiting any self- regulatory organization (``SRO'') from having a price test. In addition, the Commission is amending Regulation SHO to remove the requirement that a broker-dealer mark a sell order of an equity security as ``short exempt,'' if the seller is relying on an exception from a price test.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``J.M.W. Turner'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the National Gallery of Art, Washington, DC, from on or about October 1, 2007, until on or about January 6, 2008, the Dallas Museum of Art, Dallas, Texas, from on or about February 10, 2008, until on or about May 18, 2008, and The Metropolitan Museum of Art, New York, New York, from on or about June 25, 2008, until on or about September 21, 2008, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Nonimmigrant Fiance(e) Visa Application. OMB Control Number: 1405-0096. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Consular Affairs, Department of State (CA/VO). Form Number: DS-156K. Respondents: Aliens applying for a nonimmigrant visa to enter the U.S. as the fiancé(e) of a U.S. citizen. Estimated Number of Respondents: 35,000. Estimated Number of Responses: 35,000. Average Hours per Response: 1 hour. Total Estimated Burden: 35,000 hours per year. Frequency: Once per respondent. Obligation to Respond: Required to Obtain or Retain a Benefit.

The Nuclear Regulatory Commission (NRC) has amended its regulations to include jurisdiction over certain radium sources, accelerator-produced radioactive materials, and certain naturally occurring radioactive material, as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of byproduct material to include these radioactive materials. Subsequently, these radioactive materials were placed under NRC's regulatory authority. NRC is revising its regulations to provide a regulatory framework that includes these newly added radioactive materials. See SECY-07-0062, ``Final Rule: Requirements for Expanded Definition of Byproduct Material,'' dated April 3, 2007, for information on that rulemaking. Two licensing guidance documents in the NUREG-1556 series are being revised along with these new regulations to provide guidance related to the new requirements: (1) NUREG-1556, Volume 13, Revision 1, ``Consolidated Guidance About Materials LicensesProgram-Specific Guidance About Commercial Radiopharmacy Licenses,'' and (2) NUREG-1556, Volume 9, Revision 2, ``Consolidated Guidance About Materials LicensesProgram Specific Guidance About Medical Use Licenses.'' A new volume in the NUREG-1556 series has also been developed to address the production of radioactive material using an accelerator. This NUREG is entitled NUREG-1556, Volume 21, ``Consolidated Guidance About Materials LicensesProgram-Specific Guidance About Possession Licenses for Production of Radioactive Material Using an Accelerator.'' This notice is announcing the availability of one of these three licensing guidance documents for public comment: NUREG-1556, Volume 13, Revision 1. NUREG-1556, Volume 9, Revision 2, will be available for public comment in the near future. NUREG-1556, Volume 21, was previously noticed for public comment in the Federal Register, on May 29, 2007 (72 FR 29555).

EPA is proposing to approve revisions to a Section 111(d) regulation submitted by the Commonwealth of Virginia Department of Environmental Quality. The revisions pertain to amendments to an existing regulation to control total reduced sulfur (TRS) from pulp and paper mills. This action is being taken under the Clean Air Act (CAA or the Act).

This notice announces that the EPA Administrator has responded to a citizens' petition asking EPA to object to a State operating permit issued by the South Dakota Department of Environmental and Natural Resources (DENR). Specifically, the Administrator has partially granted and partially denied the petition submitted by Jeremy Nichols, and the other Petitioners, to object to the issuance of the operating permit issued to GCC Dacotah Cement Manufacturing Plant (``GCC Dacotah''), located in Rapid City, South Dakota. Pursuant to section 505(b)(2) of the Clean Air Act (Act), Petitioners may seek judicial review of those portions 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 of the date this notice appears in the Federal Register, pursuant to section 307(d) of the Act.

EPA is taking direct final action to amend the national emission standards for primary copper smelting area sources and secondary copper smelting area sources published on January 23, 2007. The amendments to the national emission standards for primary copper smelting area sources clarify when plants must exhaust gases to a control device and what control devices may be used for this requirement; numbering errors are also corrected. The amendments to the national emission standards for secondary copper smelting area sources clarify the date which defines a new copper smelter and correct a cross-referencing error.

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.