April 11, 2008 – Federal Register Recent Federal Regulation Documents

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule revising the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2007-2008 marketing year. This rule continues in effect the action that increased the Native spearmint oil salable quantity from 1,162,336 pounds to 1,172,956 pounds, and the allotment percentage from 48 percent to 53 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.

This proposed rule would amend the regulations governing the renewal of Atlantic tunas longline limited access permits (LAPs) and amend the workshop attendance requirements for businesses issued Atlantic shark dealer permits. Specifically, the proposed regulatory changes would allow for the renewal of Atlantic tunas longline LAPs that have been expired for more than one year, if the most recent permit holder of record originally qualified for the Atlantic tunas LAP, or if the most recent permit holder of record subsequently obtained a permit by transfer, and has maintained the associated swordfish and shark LAPs through timely renewal. Also, this rule proposes to amend the Atlantic Shark Identification Workshop requirements by: specifying that a workshop certificate be submitted and displayed for each place of business listed on the dealer permit which first receives Atlantic sharks by way of purchase, barter, or trade, rather than from each location listed on their dealer permit; and requiring that a copy of a valid workshop certificate be possessed in a truck or other conveyance serving as an extension of a dealer's business.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Oxides of Nitrogen Primary NAAQS Review Panel (Panel) to conduct a peer review of EPA's Integrated Science Assessment for Oxides of NitrogenHealth Criteria (Second External Review Draft) (EPA/600/R-07/093aB and EPA/600/R-07/903bB, March 2008) and to conduct a review of the EPA's Risk and Exposure Assessment to Support the Review of the NO2 Primary National Ambient Air Quality Standard: First Draft and Risk and Exposure Assessment to Support the Review of the NO2 Primary National Ambient Air Quality Standard: Draft Technical Support Document (TSD). The chartered CASAC will review and approve the Panel's report by teleconference.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, Interior and the Mitigation Commission (Joint Lead Agencies), have issued a Final Environmental Impact Statement (FEIS) for the Lower Duchesne River Wetlands Mitigation Project in Duchesne and Uintah Counties, Utah. The FEIS addresses potential impacts related to construction and operation of features proposed for the project and incorporates responses to public comments received on the Draft EIS. The FEIS is intended to satisfy disclosure requirements of NEPA and will serve as the NEPA compliance document for contracts, agreements and permits that would be required for construction and operation of the project.

This notice is to inform the public that the Administration for Native Americans (ANA) intends to announce six (6) urgent grant awards. The urgent grant awards will fund projects that are designed to mitigate the impact of the devastation created by the Southern California Wildfires of October 2007. As a result of the devastating wildfires that destroyed approximately 1,500 homes and 500,000 acres of land, ANA is providing urgent financial assistance to five Tribes and one Tribal Association to address a variety of restoration activities that include reforestation and revegetation, debris removal, erosion control and restoration, emergency planning and preparedness. Contained herein is a description of the projects to be funded: Rincon Band of Luiseno Indians ($114,977 for 6 months) This project will assist in the restoration of 4,250 acres of tribal lands with the planting of 6,750 cottonwood, sycamore, and oak seedlings to provide erosion control. Santa Ysabel Band of Diegueno Indians ($155,230 for 6 months) This project will protect existing properties, protect the health and safety of community members, and make 300 acres of the reservation less vulnerable to wildfires. La Jolla Band of Luiseno Indians ($150,353 for 6 months ) The goal of the project is to protect tribal residents from injury, death or displacement and reduce the possibility of damage or losses to existing assets, particularly critical facilities/infrastructures owned by the tribe. The project will clear four drainage channels of debris that currently present a fire/flooding threat. Mesa Grande Band of Mission Indians ($72,772 for 6 months) This project will insure the safety of tribal members and protect tribal assets through the thinning and clearing of fire prone debris on 280 acres of tribal land. Pauma Band of Mission Indians ($29,949 for 3 months) This project will stabilize the banks of Pauma Creek to protect lives and property on the Pauma Reservation by placing cut rock along the Pauma Creek banks to prevent flooding. Southern California Tribal Chairman's Association ($126,123 for 6 months) This project will restore connectivity to the rural Tribes in Southern California by reestablishing access of high speed internet services with the reconstruction of one tower, repair of a second tower, and the repair and replacement of power sources and radio equipment for three towers. It will also develop, print, and disseminate disaster prevention brochures to all tribal members of the Southern California Tribes to provide information and inform them of the real-time access to information through the Internet.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the B season apportionment of the 2008 total allowable catch (TAC) of Pacific cod to be harvested.

We, NMFS, announce a 12-month finding on a petition to list Lynn Canal Pacific Herring (Clupea pallasi) as a threatened or endangered Species under the Endangered Species Act (ESA). After a formal review of the best available scientific and commercial information, we find that listing Lynn Canal Pacific herring as threatened or endangered under the ESA is not warranted because this population does not constitute a species, subspecies, or distinct population segment (DPS) under the ESA. However, the Lynn Canal population is part of a larger DPS of Pacific herring that may warrant listing under the ESA, and, therefore, we initiate a status review to evaluate its status.

Notice is hereby given that a petition has been received from the State of Massachusetts requesting a determination by the Regional Administrator, U. S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of Scituate, Marshfield, Cohasset, and the tidal portions of the North and South Rivers.

NMFS received seven applications for individual incidental take permits under the Endangered Species Act of 1973, as amended (ESA) from power generating stations located on the coast of southern California for the entrainment of sea turtles incidental to routine operations associated with power plant operations. As a result of these applications, NMFS is considering whether to issue the permits in accordance with the ESA authorizing the incidental taking of endangered species. In order to issue the permits, NMFS must determine that these takings will not appreciably reduce the likelihood of survival and recovery for the species and that habitat conservation plans meet the requirements of the ESA. NMFS provides this notice to allow public comment on the applications and conservation plans. NMFS also seeks additional commercial and scientific data relevant to the documents.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.

The MMS has prepared a draft SEIS on oil and gas lease sales tentatively scheduled in 2009-2012 in the CPA and WPA offshore the States of Texas, Louisiana, Mississippi, and Alabama. As mandated in the Gulf of Mexico Energy Security Act of 2006 (GOMESA) (Pub. L. 109- 432, December 20, 2006), the MMS shall offer, as soon as practicable, approximately 5.8 million acres located in the southeastern part of the CPA (``181 South Area''). The CPA Sale 208 (March 2009) will be the first sale to include the ``181 South Area.'' The draft SEIS analyzed the potential environmental effects of oil and natural gas leasing, exploration, development, and production in the ``181 South Area'' and newly available information.

The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product and services previously furnished by such agencies. Comments Must Be Received on or Before: May 11, 2008.

This notice advises the public that the National Indian Gaming Commission (NIGC) is no longer participating in the preparation of the Environmental Impact Statement (EIS) for the Big Sandy Casino and Resort to be located in Fresno County, CA. The NIGC's federal action that was being evaluated was approval of a management contract between the Big Sandy Rancheria of Mono Indians (Tribe) and QBS, LLC. On October 19, 2007 and at the request of the Tribe, the management contract approval request was deemed withdrawn. As a result, the NIGC no longer has a federal action that requires compliance with NEPA and is therefore no longer participating in the preparation of the EIS for the Big Sandy Casino and Resort.

The Department of Energy (DOE) is proposing to amend its Procedural Rules for DOE Nuclear Activities to be consistent with section 610 of the Energy Policy Act of 2005, Public Law 109-58 (EPAct 2005), signed into law by President Bush on August 8, 2005. Section 610 amends provisions in section 234A. of the Atomic Energy Act of 1954 (AEA) concerning civil penalties with respect to certain DOE contractors, subcontractors and suppliers. This proposed rule would revise DOE's regulations to be consistent with the changes made by section 610.

Southeastern Power Administration (Southeastern) proposes to revise existing schedules of rates and charges applicable to the sale of power from the Cumberland System of Projects effective for a 5-year period, October 1, 2008, through September 30, 2013. Additionally, opportunities will be available for interested persons to review the rates and supporting studies and to submit written comments. Southeastern will evaluate all comments received in this process.

The Board will hold public meetings in Los Angeles, California, and Chicago, Illinois, regarding the notice submitted by Bank of America Corporation, Charlotte, North Carolina, to acquire Countrywide Financial Corporation, Calabasas, California, and Countrywide Bank, FSB, Alexandria, Virginia, as well as certain other nonbanking subsidiaries, pursuant to the Bank Holding Company Act (``BHC Act'') and related statutes. The purpose of the public meetings is to collect information relating to factors the Board is required to consider under the BHC Act.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to expand the current National Source Tracking System (NSTS) to include certain additional sealed sources. The proposed amendments would require licensees to report certain transactions involving these sealed sources to the NSTS. These transactions would include the manufacture, transfer, receipt, disassembly, or disposal of the nationally tracked source. The proposed amendment would also require each licensee to provide its initial inventory of nationally tracked sources to the NSTS and annually verify and reconcile the information in the system with the licensee's actual inventory.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision and extension of approval of an information collection associated with the Emergency Management Response System.