March 21, 2008 – Federal Register Recent Federal Regulation Documents

EPA is approving revisions to the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). On September 7, 2006, Ohio requested approval of revisions to its open burning standards. In order to clarify the open burning rules, Ohio added requirements for specific types of burning that were previously not addressed. The state also added or refined some of the definitions and slightly changed some of the existing rules. The revisions were made to increase clarity of Ohio's open burning rules. EPA finds that the revisions are consistent with the CAA.

EPA is finalizing its finding that the Baton Rouge ``marginal'' 8-hour ozone nonattainment area (hereinafter referred to as the Baton Rouge area) did not attain the 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA or the Act) and Code of Federal Regulations (CFR) for ``marginal'' nonattainment areas. By operation of law, the Baton Rouge area is to be reclassified from a ``marginal'' to a ``moderate'' 8-hour ozone nonattainment area on the effective date of this rule. The new attainment deadline for the reclassified Baton Rouge nonattainment area is ``as expeditiously as practicable'' but no later than June 15, 2010. In addition, EPA is requiring Louisiana to submit State Implementation Plan (SIP) revisions addressing the CAA's pollution control requirements for ``moderate'' 8- hour ozone nonattainment areas no later than January 1, 2009.

In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and Bureau of Land Management (BLM) management policies, the BLM announces the availability of the RMP/ROD for the Ring of Fire planning area, located in southeast and southcentral Alaska, Kodiak Island, and the Aleutian Islands.

The Government Accountability Office (GAO) is proposing to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984 (CICA), to implement the requirements in sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, enacted on January 28, 2008, and to make certain administrative changes. Regarding sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, the proposed amendments to GAO's Bid Protest Regulations implement the legislation's provisions related to the bid protest process concerning Office of Management and Budget (OMB) Circular A-76, as revised on May 29, 2003. In this regard, the legislation expands the protest rights of Federal employees in an A-76 competition to grant ``any one individual'' who represents the majority of affected employees the status of an ``interested party'' to file a protest at GAO or the status of an intervenor to participate in a protest filed at GAO, to remove the current restriction limiting protests of A-76 competitions to those competitions affecting 65 or more full-time equivalent employees of a Federal agency, and to allow a protest of a decision to convert a function performed by Federal employees to private sector performance without a competition. At this time, GAO believes that these proposed revisions are the only regulatory changes necessary to implement the statutory requirements expanding the protest rights of Federal employees in an A-76 competition. Regarding administrative changes, the proposed amendments to GAO's Bid Protest Regulations are to reflect current practice and to streamline the bid protest process. GAO welcomes comments on these proposed revisions.

On November 5, 2007, the Federal Register published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the North Zone Range 08 Analysis on the Black Hills National Forest (72 FR 62428-62429). The responsible officials for this analysis have decided that the preparation of an Environmental Impact Statement is not warranted for this project. An Environmental Assessment will be prepared for the North Zone Range 08 analysis. The responsible officials will document their rationale in a Finding of No Significant Impact (FONSI) to be subsequently prepared. The FONSI will accompany the Decision Notice for this project. The Notice of Intent is hereby cancelled.

This action establishes Class E Airspace at Lady Lake, FL to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Village of Homewood Lady Lake Hospital. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing that required controlled airspace for this approach around Lady Lake, FL.

This action establishes Class E Airspace at Milford, PA to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Myer Airport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing that required controlled airspace to protect for this approach around Milford, PA.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

This notice advises the public that the Bureau of Indian Affairs (BIA) and the Montana Department of Environmental Quality (MDEQ) as joint lead agencies, with the Crow Tribe of Indians, the Office of Surface Mining Reclamation and Enforcement (OSMRE), the Bureau of Land Management (BLM) and the U.S. Environmental Protection Agency (EPA), as cooperating agencies, intend to file a Draft Environmental Impact Statement (DEIS) with the EPA for the proposed extension of the existing Absaloka mine onto the Crow Indian Reservation and for related Federal and state permitting actions; and that the DEIS is now available for public review. The purpose of the proposed action is to maximize the economic benefit from the coal trust resource by continuing to provide benefits to the Crow Tribe, including royalty, tax income and employment; as well as allow Westmoreland Resources Inc. (WRI) to continue to access coal resources, owned by the Crow Tribe, for the sale to customers using it for electric power generation. This notice also announces a public hearing to receive comments on the DEIS.

On March 5, 2008, the Department of Energy (DOE) published a Notice of Intent in the Federal Register (73 FR 11895) to prepare a supplemental environmental impact statement (SEIS) to analyze the impacts of potential new locations for certain off site facilities associated with the proposed Strategic Petroleum Reserve expansion site at Richton, Mississippi. That Notice also announced that DOE will hold three meetings at which interested agencies, organizations, Native American tribes, and members of the public may submit comments or suggestions to assist in identifying alternatives, significant environmental issues, and the appropriate scope of the SEIS. DOE now announces that it will hold an additional public scoping meeting, in Perry County, Mississippi. New Public Scoping Meeting: A public scoping meeting will be held at New Augusta, Mississippi, on April 7, 2008, 6 p.m. to 8 p.m., at Perry Central High School, 9899 Hwy. 98.

The Western Pacific Fishery Management Council (Council) will hold its 140th meeting to consider and take actions on fishery management issues in the Western Pacific Region.

This notice clarifies how certain provisions of the Chemical Facility Anti-Terrorism Standards (CFATS) apply to the Chemical of Interest (COI) propane, which the Department of Homeland Security (DHS or Department) understands to contain at least 87.5% of the chemical propane. Specifically, this notice clarifies how the Screening Threshold Quantity and certain counting rule provisions apply to the COI propane.