July 27, 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Availability (NOA) Record of Decision (ROD) for the Final Supplement to the 2004 Supplemental Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines
In accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and the National Forest Management Act (NFMA, 16 U.S.C. 1600-1614 et seq.), the Forest Service announces the decision to amend selected portions of the 1994 Record of Decision for the Northwest Forest Plan. Specifically, the ROD amends 19 Land and Resource Management Plans for National Forests within the range of the northern spotted owl in western Washington and Oregon and northwestern California. The United States Department of the Interior, Bureau of Land Management (BLM), is expected to concurrently announce a similar decision amending their respective Resource Management Plans. The Survey and Manage Mitigation Measure Standards and Guidelines added conservation measures for rare and little known species to BLM and Forest Service (Northwest Forest Plan) requirements for providing for late-successional and old-growth forest related species. These Standards and Guidelines were frustrating the Agencies' ability to meet the other resource management goals set forth in the Northwest Forest Plan (timber harvest, hazardous fuels treatment, ecosystem restoration). Although the Survey and Manage Standards and Guidelines are removed with this decision, conservation of rare and little known species will continue to be accomplished through the other elements of the Northwest Forest Plan and the Agency's Special Status Species Program. This ROD also complies with a Settlement Agreement between the Secretaries of Agriculture and the Interior and Douglas Timber Operators and American Forest Resource Council.
Notice of Availability of the Record of Decision To Amend Resource Management Plans To Remove the Survey and Manage Mitigation Measure Standards and Guidelines
In accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.), and the Federal Land Policy and Management Act (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) to amend selected portions of the 1994 Record of Decision for the Northwest Forest Plan by removing the Survey and Manage Mitigation Measure Standards and Guidelines. The ROD amends Resource Management Plans for the BLM Districts in western Oregon and northwestern California. The U.S. Forest Service is expected to concurrently announce a similar decision amending their respective Land and Resource Management Plans. Under the Northwest Forest Plan, Survey and Manage added conservation measures for rare and little known species to BLM and U.S. Forest Service requirements for providing for late successional and old growth forest-related species. These Survey and Manage Standards and Guidelines had made it difficult for the BLM and the U.S. Forest Service to meet the other resource management goals set forth in the Northwest Forest Plan (i.e. timber harvest, hazardous fuels treatment, and ecosystem restoration). Although the Survey and Manage Standards and Guidelines are removed with this decision, conservation of rare and little known species will continue to be accomplished through the other elements of the Northwest Forest Plan and the BLM and U.S. Forest Service's Special Status Species Programs.
Notice of Hearing: Reconsideration of Disapproval of Virginia Title XXI State Plan Amendment (SPA) No. 6
This notice announces an administrative hearing to be held on September 4, 2007, at 150 S. Independence Mall West, Suite 216, Conference Room 241, Pennsylvania Room, The Public Ledger Building, Philadelphia, PA 19106-3499, to reconsider CMS' decision to disapprove Virginia's title XXI SPA No. 6. Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by (15 days after publication).
Draft Risk Assessment Report for Lead
On or about July 31, 2007, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a draft technical support document in EPA's review of the national ambient air quality standards (NAAQS) for lead, Lead Human Exposure and Health Risk Assessments for Selected Case Studies (Draft Risk Assessment Report). The purpose of the Draft Risk Assessment Report is to describe the design, methodology and results of the human exposure and health risk assessments for lead.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
EPA is withdrawing two individual sources that were included as part of a proposed rule to approve Pennsylvania's State Implementation Plan (SIP) pertaining to source-specific volatile organic compounds (VOC) and nitrogen oxides (NOX) RACT determinations for seven individual sources located in Pennsylvania. The proposed rule was published on May 4, 2006 (71 FR 26297). Subsequently, EPA is withdrawing the two provisions of that proposed rule.
Special Conditions: Cessna Model 650 Airplanes; High-Intensity Radiated Fields (HIRF)
These special conditions are issued for Cessna Model 650 airplanes modified by Columbia Avionics, Inc. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification consists of installing an Electronic Flight Instrument System (EFIS) with the options for the Universal Avionics Vision 1 Synthetic Vision System. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high- intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Vermont Disaster # VT-00004
This is a notice of an Administrative declaration of a disaster for the State of Vermont dated 07/23/2007. Incident: Severe Storms and Flooding. Incident Period: 07/09/2007 through 07/11/2007. Effective Date: 07/23/2007. Physical Loan Application Deadline Date: 09/21/2007. Economic Injury (EIDL) Loan Application Deadline Date: 04/23/2008.
Massachusetts Disaster # MA-00011
This is a notice of an Administrative declaration of a disaster for the Commonwealth of Massachusetts dated 07/23/2007. Incident: Bernat Mill Complex Fire. Incident Period: 07/21/2007. Effective Date: 07/23/2007. Physical Loan Application Deadline Date: 09/21/2007. Economic Injury (EIDL) Loan Application Deadline Date: 04/23/2008.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Mercer County Portion of the Youngstown-Warren-Sharon, OH-PA 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan and 2002 Base-Year Inventory
EPA is proposing to approve a redesignation request and State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Mercer County portion of the Youngstown- Warren-Sharon, OH-PA ozone nonattainment area (``Youngstown Area'' or ``Area'') be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). The Area is comprised of Mercer County, Pennsylvania and Trumbull, Mahoning, and Columbiana Counties, Ohio. In this rulemaking action EPA is proposing to approve the ozone redesignation request, maintenance plan, and 2002 base year inventory for Mercer County. In a separate rulemaking action (72 FR 19435, April 18, 2007) EPA proposed to approve the ozone redesignation request for Trumbull, Mahoning, and Columbiana Counties. In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for Mercer County that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is proposing to make a determination that Mercer County has attained the 8-hour ozone NAAQS, based upon three years of complete, quality-assured ambient air quality monitoring data for 2004-2006. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that the Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). In addition, the Commonwealth of Pennsylvania has also submitted a 2002 base-year inventory for Mercer County, and EPA is proposing to approve that inventory for Mercer County as a SIP revision. EPA is also providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the maintenance plan for Mercer County for purposes of transportation conformity, and is also proposing to approve those MVEBs. Note that separate conformity budgets are being established by Ohio for Trumbull, Mahoning, and Columbiana Counties. EPA is proposing approval of the redesignation request and of the maintenance plan and 2002 base-year inventory SIP revisions in accordance with the requirements of the CAA.
Marine Mammals; File No. 486-1919
Notice is hereby given that a request for a permit to conduct scientific research on marine mammals, submitted by Brent Stewart, Ph.D, J.D, Hubbs-SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA 92109, has been denied.
Taking of Marine Mammals Incidental to Specified Activities; Central California Seabird Research Operations
NMFS has received a request from the PRBO Conservation Science (PRBO) for an authorization to take California sea lions, Pacific harbor seals, northern elephant seals and Steller sea lions, by harassment, incidental to central California seabird research operations on Southeast Farallon Island, Ano Nuevo Island, and Point Reyes National Seashore (NS). Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to PRBO to incidentally take, by harassment, small numbers of these species of pinnipeds during the next 12 months.
Notice of Availability of Fleet Alternative Fuel Vehicle Acquisition Report
Through this notice, HUD is making available on its Web site, a copy of HUD's Alternative Fuel Vehicles Report for Fiscal Year 2006 that was prepared in accordance with the Energy Policy Act of 1992.
Draft Conformity Determination for the Proposed East River Waterfront Esplanade and Piers Project, City of New York, New York County, NY
In accordance with the federal Clean Air Act General Conformity rule, the Lower Manhattan Development Corporation (LMDC) has prepared a draft general conformity determination (Draft Conformity Determination) for the proposed East River Waterfront Esplanade and Piers Project (Proposed Action), which has been made available for public review. LMDC is a subsidiary of the Empire State Development Corporation (a political subdivision and public benefit corporation of the State of New York) and is responsible for conducting reviews of projects receiving HUD funds in accordance HUD regulations and federal law. The Proposed Action would improve a two mile portion of the East River waterfront in Manhattan and create a City-owned public open space. The area of the Proposed Action would generally encompass the waterfront, the upland area adjacent to and under the elevated Franklin Delano Roosevelt Drive and South Street extending from the Whitehall Ferry Terminal and Peter Minuit Plaza on the South to East River Park on the North, as well as Pier 15, the New Market Building pier, Pier 35, Pier 36, and Pier 42. The Proposed Action is fully described in the Final Environmental Impact Statement for the East River Waterfront Esplanade and Piers Project (FEIS).
Sixtieth Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments
The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 60\th\ ITC Report to the Administrator of EPA on June 14, 2007. In the 60\th\ ITC Report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by adding ``lead and lead compounds'' to the Priority Testing List so that EPA may expeditiously obtain unpublished health and safety studies that relate to the lead content of consumer products that are intended for use by children.
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program
NMFS publishes a notification of fee percentages for cost recovery under the Bering Sea and Aleutian Islands Crab Rationalization Program (Program). This action is intended to provide holders of crab allocations with the fee percentage for the 2007-2008 crab fishing year to calculate the required payment for cost recovery fees due by July 31, 2008.
Notice of Opportunity To Comment on Model Safety Evaluation on Technical Specification Improvement To Revise MTC Surveillance for Startup Test Activity Reduction (STAR) Program (WCAP-16011)
Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to the modification of technical specification (TS) moderator temperature coefficient (MTC) surveillance requirements (SR) associated with implementation of WCAP-16011-P-A, ``Startup Test Activity Reduction (STAR) Program.'' The NRC staff has also prepared a model license amendment request and a model no significant hazards consideration (NSHC) determination relating to this matter. The purpose of these models are to permit the NRC to efficiently process amendments that propose to modify TS MTC surveillance requirements for implementing the STAR Program. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to their reactors. The NRC staff is requesting comment on the model SE and model NSHC determination prior to announcing their availability for referencing in license amendment applications.
Environmental Impact Statement; Cole County, MO
The FHWA is issuing this notice to advise the public that an environmental impact statement (EIS) will be prepared for proposed improvements to U.S. 50/U.S. 63, (Rex Whitton Expressway), in Jefferson City, Cole County, Missouri.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA expressed environmental concerns about the potential for adverse impacts to air and water quality with full field development, and suggested that the final EIS include additional information and discussion on cumulative impacts analysis, mitigation measures, and adaptive management. Rating EC2.
Chlorthalonil; Pesticide Tolerance
This regulation establishes a tolerance for the combined residues of chlorothalonil and its metabolite, 4-hydroxy-2,5,6- trichloroisophthalonitrile, in or on pea, edible podded. The Snowpea Commission of Guatemala requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Increasing the Proposed Fiscal Year 2008 Disposal Level for Beryllium Metal
This notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of increasing the National Defense Stockpile's proposed Fiscal Year 2008 Annual Materials Plan disposal level for beryllium metal.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW157243 for land in Lincoln County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW157978 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW157979 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW157980 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW157981 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW159720 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Availability of the Draft Revised Recovery Plan for the Apache Trout (Oncorhynchus apache
The U.S. Fish and Wildlife Service (Service) announces the availability for public review of the draft revised Recovery Plan for the Apache trout (Oncorhynchus apache). The Apache trout currently inhabits the upper Salt River and Little Colorado River drainages in Arizona. The Service solicits review and comment from the public on this draft revised Recovery Plan. The Service will also accept any new information received during the comment period to complete its 5-year review of the Apache trout.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Rocky Mountain Land & Leasing LLC for competitive oil and gas lease WYW159721 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Export Trade Certificate of Review
The Secretary of Commerce issued an Export Trade Certificate of Review to Dimick International & Associates on May 15, 1990. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to Dimick International & Associates.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures
NMFS announces the availability of the draft Amendment 2 to the Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its accompanying proposed rule. Amendment 2 examines different management alternatives available to rebuild sandbar, dusky, and porbeagle sharks, consistent with the 2006 shark stock assessments, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), and other applicable law. The proposed rule to implement Amendment 2 would, among other things, allow for a limited shark research fishery for sandbar sharks, establish a trip limit for commercial harvest of non-sandbar large coastal sharks (LCS), prohibit the landing and possession of porbeagle sharks, require all sharks landed to have fins attached through landing, eliminate the regions and trimester seasons, and modify the species that can be landed by recreational fishermen. These changes could affect all fishermen who fish for sharks in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of Three Wildlife Species and Two Plant Species in the Midwest Region
We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of eastern prairie fringed orchid (Platanthera leucophaea), Hine's emerald dragonfly (Somatochlora hineana), Fassett's locoweed (Oxytropis campestris var. chartacea), Kirtland's warbler (Dendroica kirtlandii), and white cat's paw pearly mussel (Epioblasma obliquata perobliqua) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened. Based on the results of this review, we will make a finding on whether these species are properly classified under the Act.
Load in the California Independent System Operator Corporation's Balancing Authority Area
The Western Area Power Administration (Western) announces its Final Resource Adequacy (RA) Plan for load in the California Independent System Operator Corporation's (CAISO) Balancing Authority Area. This notice responds to the comments received on the proposed Final Resource Adequacy Plan (Final RA Plan) and sets forth the Final RA Plan. Western developed the Final RA Plan as a Local Regulatory Authority (LRA). The Final RA Plan will be submitted to the CAISO and will be utilized by Western when Western, in the CAISO Balancing Authority Area, is acting as a Load Serving Entity (LSE) as defined under the CAISO's Conformed Simplified and Reorganized Tariff incorporating the Interim Reliability Requirements Program (CAISO Tariff) and under the CAISO's proposed Market Redesign and Technology Upgrade (MRTU) Tariff.
Construction and Operation of the Proposed NextGen Energy Facility, South Dakota
The Western Area Power Administration (Western), an agency of the U.S. Department of Energy (DOE) intends to prepare an environmental impact statement (EIS) for the construction and operation of the proposed NextGen Energy Facility (Project) in South Dakota. Basin Electric Power Cooperative (Basin Electric) has applied to interconnect the proposed Project to Western's electric power transmission system. The EIS will address the construction and operation of the proposed Project, which includes a 500 to 700 megawatt (MW) (net) coal-fired generation facility and ancillary equipment and facilities east of the Missouri River in South Dakota. Portions of the proposed Project may affect floodplains and wetlands in the area. Western will hold public scoping meetings near the Project area during the public scoping period to share information and receive comments and suggestions on the scope of the EIS.
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