July 10, 2007 – Federal Register Recent Federal Regulation Documents

In March 2006, Congress enacted the Combat Methamphetamine Epidemic Act of 2005, which mandates that DEA establish total annual requirements, import quotas, individual manufacturing quotas, and procurement quotas for three List I chemicalsephedrine, pseudoephedrine, and phenylpropanolamine. DEA is promulgating this rule to incorporate the statutory provisions and make its regulations consistent with the new requirements.

In response to an application from the Nevada Department of Wildlife (Applicant), we, the Fish and Wildlife Service (Service), are considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of White River springfish (Crenichtheys baileyi baileyi), Hiko White River springfish (Crenichtheys baileyi grandis), Pahranagat roundtail chub (Gila robusta jordani) and southwestern willow flycatcher (Empidonax trailii extimus), within the Pahranagat Valley, Nevada. The proposed duration of both the SHA and permit is 50 years. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for our determination is contained in an environmental action statement, which also is available for public review. We are requesting comments on this application.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the resolution for transactions involving registered securities.

The U.S. Fish and Wildlife Service (Service or we) adds all forms of live silver carp (Hypophthalmichthys molitrix), gametes, viable eggs, and hybrids; and all forms of live largescale silver carp (Hypophthalmichthys harmandi), gametes, viable eggs, and hybrids to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. The best available information indicates that this action is necessary to protect the interests of human beings, and wildlife and wildlife resources, from the purposeful or accidental introduction, and subsequent establishment, of silver carp and largescale silver carp populations in ecosystems of the United States. Live silver carp and largescale silver carp, gametes, viable eggs, and hybrids can be imported only by permit for scientific, medical, educational, or zoological purposes, or without a permit by Federal agencies solely for their own use; permits will also be required for the interstate transportation of live silver or largescale silver carp, gametes, viable eggs, or hybrids currently within the United States. Interstate transportation permits may be issued for scientific, medical, educational, or zoological purposes.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Merial Ltd. The supplemental NADA revises the approved concentration of ivermectin in Type C medicated feed administered as a top dress to adult and breeding swine for the treatment and control of various internal and external parasites.

The Coast Guard is implementing special local regulations for annual Marine Events in the Captain of the Port Detroit Zone during June and July, 2007. This action is necessary to provide for the safety of life and property on navigable waters during these events. These special local regulations will restrict vessel traffic from a portion of the Captain of the Port Detroit Zone.

The Department of Transportation (DOT or Department) is seeking comment on whether it should amend its rules relating to oversales and denied boarding compensation to cover flights operated with aircraft seating 30 through 60 passengers, which are currently exempt from the rule, to increase the maximum required compensation, and to make other changes. Such changes in the rule, if undertaken, would be intended to maintain consumer protection commensurate with developments in the aviation industry.

NMFS announces the completion of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Klamath River Coho Salmon Recovery Plan (recovery plan). This document fulfills the requirement that a recovery plan for Klamath River coho salmon be completed and made available to the public by the Secretary of Commerce (Secretary) within 6 months of the enactment of the MSRA on January 12, 2007.

The Duckwater Shoshone Tribe (Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (SHA) between the Applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, and enhancement activities to implement the reintroduction and long-term recovery of Railroad Valley Springfish (Crenichthys nevadae) within Nye County, Nevada. The proposed duration of both the SHA and permit is 25 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement and low-effect screening form, which are also is available for public review.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This proposed AD would require a one-time inspection to determine the material of the forward and aft gray water drain masts. For airplanes having composite gray water drain masts, this proposed AD would also require installation of a copper bonding jumper between a ground and the clamp on the tube of the forward and aft gray water composite drain masts. This proposed AD results from a report of charred insulation blankets and burned wires around the forward gray water composite drain mast found during an inspection of the forward cargo compartment on a Model 767-300F airplane. We are proposing this AD to prevent a fire near a composite drain mast and possible disruption of the electrical power system due to a lightning strike on a composite drain mast, which could result in the loss of several functions essential for safe flight.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Eber Cove, LLC (applicant) requests an incidental take permit (ITP) for a duration of 5 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 1.55 acre (ac) of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat incidental to constructing a single-family-home subdivision in Brevard County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the scrub-jay.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on April 23, 2007. No comments were received.

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.

On June 7, 2007, EPA Region 10 re-proposed to reissue two general permits to cover aquaculture facilities and associated fish processors in Idaho (72 FR 31574). In response to a request from the regulated community, EPA is extending the end of public comment period from July 9, 2007, to July 23, 2007.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), notice is hereby given of a proposed administrative cost recovery settlement under section 122(h)(1) of CERCLA concerning the Imel Battery and Lead Site in Fort Wayne, Indiana which was signed by the EPA Superfund Division Director, Region 5, on April 13, 2007. The settlement resolves EPA's claim for past costs under section 107(a) of CERCLA against Agnes Imel and Tyrone Sanders, the two current owners of the Site (Settling Parties). EPA has determined that the Settling parties are financially able to pay a portion of EPA's past costs if Settling Parties sell certain real property at the Site. The settlement requires the Settling Parties to use their best efforts to sell the real property at the Site and to pay to the Hazardous Substances Superfund a percentage of the proceeds from the sale of the real estate minus reasonable closing costs. The payments are due within 30 days of the transfers. If both properties sell for approximately their fair market value, the Settling Parties' payments to the Hazardous Substances Superfund will be approximately $70,000. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the Superfund Records Center, located at 77 West Jackson Boulevard, Seventh Floor, Chicago, Illinois.

Notice is hereby given that the State of Alaska has revised its approved State Public Water Supply Supervision (PWSS) Primacy Program. The state has revised its PWSS program with respect to administrative penalty authority and has adopted a revised definition of public water system. It has also adopted regulations for variances and exemptions, the Consumer Confidence Report, the Interim Enhanced Surface Water Treatment Rule, the Stage 1 Disinfectants and Disinfection Byproducts Rule, the Lead and Copper Rule Minor Revisions, the Public Notification Rule, the Radionuclides Rule, the Filter Backwash Recycling Rule, the Long Term 1 Enhanced Surface Water Treatment Rule, and the Arsenic Rule. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these State program revisions. By approving these rules, EPA does not intend to affect the rights of Federally recognized Indian tribes within ``Indian country'' as defined by 18 U.S.C. 1151, nor does it intend to limit existing rights of the State of Alaska. All interested parties may request a public hearing. A request for a public hearing must be submitted by August 9, 2007, to the Regional Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by August 9, 2007, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on her own motion, this determination shall become final and effective on August 9, 2007. Any request for a public hearing shall include the following information: (1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; (2) a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; (3) the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

This notice announces that EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA) and requests comments on issues raised by the petition. The petition was received from the Sierra Club, the Environmental Law & Policy Center, the Pacific Coast Federation of Fishermen's Association, the Washington Toxics Coalition, Physicians for Social Responsibility, and UNITE HERE on June 6, 2007. The petitioners are concerned about the risks to human health and the environment from exposure to the chemical substances nonylphenol (NP) and nonylphenol ethoxylates (NPE) and are petitioning EPA to exercise its authority under TSCA section 4 to require manufacturers and importers to conduct specific health and safety studies, and under TSCA section 6(a) to require labeling on all products containing NP and NPE and to limit the use of NP and NPE in certain circumstances. EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition and will, therefore, respond to this petition by September 4, 2007.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Ekwok Natives Limited. The lands are in the vicinity of Ekwok, Alaska, and are located in:

The Alaska Fishery Science Center, Economic and Social Science Research Program will hold public meetings in Kodiak, AK and Seattle, WA to review the BSAI Crab Economic Data Collection Program.