July 9, 2007 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for reclearance of a revised information collection. RI 20-7, Representative Payee Application, is used by the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to collect information from persons applying to be fiduciaries for annuitants or survivor annuitants who appear to be incapable of handling their own funds or for minor children. RI 30- 3, Information Necessary for a Competency Determination, collects medical information regarding the annuitant's competency for OPM's use in evaluating the annuitant's condition. We estimate 12,480 RI 20-7 forms are completed annually. The form requires approximately 30 minutes for completion. The annual burden is 6,240 hours. Approximately 250 RI 30-3 forms will be completed annually. The form requires approximately 1 hour for completion. The annual burden is 250 hours. The total annual burden is 6,490. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information, as required Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (2)(A)).

Notice is hereby given that the Department of State has received an application for a Presidential permit authorizing the construction of a new cattle crossing (the ``San Luis Cattle Crossing'') at the United States-Mexican border 2,500 feet (approximately half a mile) east of an existing cattle crossing near San Luis, Arizona. The closing of the existing cattle crossing and its relocation to a new location approximately half a mile to the east is necessitated by construction of the new San Luis II commercial border crossing (scheduled to begin in the summer of 2007) at the location of the existing cattle crossing. This application has been filed by the Greater Yuma Port Authority (GYPA), the original applicant for the San Luis II commercial border crossing project. A Presidential permit for the San Luis II commercial border crossing was issued by the Department of State, effective June 30, 2007, to the General Services Administration (GSA). The Department of State has determined that, under Executive Order 11423, as amended, a separate Presidential permit is required for the San Luis cattle crossing since it would constitute a new piercing of the border. The Department of State's jurisdiction with respect to this application is based upon Executive Order 11423, dated August 16, 1968, as amended, which authorizes the Secretary of State to receive all applications for permits for the construction, connection, operation or maintenance at the borders of the United States of ``border crossings for land transportation * * * to or from a foreign country'' whether or not in conjunction with ``facilities for the transportation of persons or things, or both, to or from a foreign country.'' According to the application, the relocation of the existing San Luis cattle crossing would primarily involve the dismantling of the existing cattle pens (most of which are on the Mexican side of the border) and their construction or reassembly at the new site. The Department is in possession of an Environmental Assessment (EA) prepared in connection with the Department's evaluation of the Presidential permit application for the San Luis II commercial border crossing and intends to also use that EA in connection with its evaluation of the San Luis cattle crossing. The Department has determined, however, that this EA does not adequately address the issues of the odor and manure that would be generated at the proposed new cattle crossing site, as well as the issue of water and sewage services at the new cattle crossing site. In light of that determination, the GYPA has submitted to the Department of State an EA addendum that specifically addresses these environmental concerns. As provided in E.O. 11423, the Department is circulating the GYPA application, along with the EA and the EA Addendum, to concerned agencies for comment.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for revision of a currently approved collection. OPM Forms 1496 and 1496A, Application for Deferred Retirement (Separations on or after October 1, 1956) are used by eligible former Federal employees to apply for a deferred Civil Service annuity. Two forms were needed because there was a major revision in the law effective October 1, 1956; this affected the general information provided with both forms. However, we will no longer maintain a clearance of the OPM 1496, the waning population affected by this form is less than ten respondents a year. We are therefore requesting clearance of the revised OPM 1496A. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Approximately 2,800 OPM Form 1496A will be completed annually. We estimate it takes approximately 1 hour to complete this form. The annual burden is 2,800 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

EPA is proposing to amend the Federal regulations to withdraw its 1992 federally promulgated marine copper and cyanide chronic aquatic life water quality criteria for Washington State, thereby enabling Washington to implement its current EPA-approved chronic numeric criteria for copper and cyanide that cover all marine waters of the State. In 1992, EPA promulgated Federal regulations establishing water quality criteria for priority toxic pollutants for 12 States, including Washington, and two Territories that had not fully complied with the Clean Water Act (CWA). These regulations are known as the ``National Toxics Rule'' or ``NTR''. On November 18, 1997, Washington adopted revised chronic marine aquatic life criteria for copper and cyanide, the only two marine aquatic life priority toxic pollutants in the NTR applicable to Washington. These revisions included a chronic marine aquatic life water quality criterion for copper for all marine waters and a chronic site-specific cyanide criterion for the Puget Sound. EPA approved these criteria on February 6, 1998. On August 1, 2003, Washington adopted revisions to its water quality standards, including a chronic marine criterion for cyanide for all marine waters except the Puget Sound. EPA approved this criterion on May 23, 2007. Since Washington now has marine copper and cyanide chronic aquatic life criteria effective under the CWA that EPA has approved as protective of Washington's designated uses, EPA is proposing to amend the NTR to withdraw the federally promulgated criteria.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(i), notice is hereby given of a proposed administrative settlement pursuant to section 122(h)(1) of CERCLA. The proposed settlement is intended to resolve the potential liability under CERCLA of two (2) parties for response costs incurred by EPA or by the United States Department of Justice on behalf of EPA in connection with Operable Unit 4 (``OU4'') of the Palmerton Zinc Pile Superfund Site, Carbon County, Pennsylvania (``Site'') after January 1, 2002, through August 23, 2006.

This action suspends the requirements for cooling water intake structures at Phase II existing facilities, pending further rulemaking. The Phase II regulation addressed existing power utilities that use a cooling water intake structure to withdraw cooling water from waters of the United States at a rate of 50 million gallons per day (MGD) or greater.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on paperwork associated with applications for new animal drugs.

The North Pacific Fishery Management Council (Council) will begin its plenary session and its Scientific and Statistical Committee (SSC) will hold public meetings in Anchorage, AK.

The Commission has rescheduled the public hearing in this investigation from September 13, 2007, to October 3, 2007. As announced in the notice of institution of the investigation published in the Federal Register on April 20, 2007 (72 FR 19960), the hearing will be held at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC; it will begin at 9:30 a.m. Certain dates relating to the filing of written statements and other documents have been changed; the revised schedule of dates is set out immediately below. All other requirements and procedures set out in the notice published on April 20, 2007, continue to apply. In the event that, as of the close of business on September 12, 2007, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant may call the Secretary to the Commission (202-205-2000) after September 12, 2007, for information concerning whether the hearing will be held.

This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1708-DR), dated June 11, 2007, and related determinations.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``ANDAs: Pharmaceutical Solid Polymorphism; Chemistry, Manufacturing, and Controls Information.'' The guidance is intended to assist applicants with the submission of abbreviated new drug applications (ANDAs) when a drug substance exists in polymorphic forms.