May 2, 2008 – Federal Register Recent Federal Regulation Documents
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Amendment of Various Rules Affecting Wireless Services
In this document, the Federal Communications Commission (Commission) adopts certain amendments to its rules governing radiated power limits for broadband Personal Communications Services in the 1850-1915/1930-1995 MHz bands (PCS) and certain Advanced Wireless Services (AWS) in the 1710-1755/2110-2155 MHz bands. The rule changes offer greater flexibility to PCS and AWS operators, are more technologically neutral, will better accommodate broadband technologies, and will fulfill the Commission's statutory mandate under section 11 of the Communications Act of 1934, as amended (the Act). See 47 U.S.C. 161.
Treatment of Certain Ethanol Production Facilities Under the “Major Emitting Facility” Definition; Notice of Action Denying Petition for Reconsideration and Denying Request for Stay
The EPA is providing notice that it has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled ``Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol Production Facilities Under the `Major Emitting Facility' Definition.'' (``ethanol rule'') The final ethanol rule changed the effect of the applicability provisions of two separate permitting programs under the Clean Air Act (CAA): the major New Source Review (NSR) program and the Title V programs. The final rule changed the ``major stationary source'' and ``major source'' definitions by amending the definition of ``chemical process plants'' under the regulatory definition of ``major emitting facility'' to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes. On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council (``NRDC''). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2006-0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA's reasons for the denial and can be found in the rulemaking docket.
Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies
The Department of Health and Human Services (HHS) notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644). A notice listing all currently certified laboratories is published in the Federal Register during the first week of each month. If any laboratory's certification is suspended or revoked, the laboratory will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at https:// www.workplace.samhsa.gov and https://www.drugfreeworkplace.gov.
Protection of Stratospheric Ozone: Request for Critical Use Exemption Applications for the Years 2010 and 2011
EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2011 and beyond. In addition, applicants who missed last year's deadline to submit a critical use application for an exemption in the year 2010 may file a supplemental application in response to this notice. This exemption is an annual exemption and all entities interested in obtaining a critical use exemption must provide EPA with technical and economic information to support a ``critical use'' claim and must do so by the deadline specified in this notice even if they have previously applied for an exemption. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives.
Availability of the Draft Report “Selected Information on Chemical Releases Within Great Lakes Counties Containing Areas of Concern (AOC) (Public Comment Draft 2008)”
This report responds to a request from the International Joint Commission (IJC), the binational organization that works to implement the Great Lakes Water Quality Agreement (GLWQA) between the U.S. and Canada. The GLWQA calls for the two nations to define ``the threat to human health from critical pollutants'' found in the Great Lakes basin. This notice announces the availability of the draft report entitled ``Selected Information on Chemical Releases Within Great Lakes Counties Containing Areas of Concern (AOC) (Public Comment Draft 2008)''. This report summarizes previously-published public health assessment products and chemical release information for the 26 U.S. AOCs and 54 counties that are in close geographic proximity to those AOCs. This is a descriptive report that does not make associations between health outcomes and chemical exposures. The compilation of environmental data, gathered by ATSDR and the Environmental Protection Agency (EPA), is intended to help decision-makers set future priorities.
Comment Request for Review of an Expiring Information Collection: Establishment Information Form, Wage Data Collection Form, Wage Data Collection Continuation Form; DD 1918, DD 1919, and DD 1919C
Under the Paperwork Reduction Act of 1995 (Public Law 104-13, May 22, 1995), the U.S. Office of Personnel Management (OPM) seeks comments on its intention to request Office of Management and Budget clearance of three currently approved information collection forms. The Establishment Information Form, the Wage Data Collection Form, and the Wage Data Collection Continuation Form are wage survey forms developed by OPM for use by the Department of Defense to establish prevailing wage rates for Federal Wage System employees.
Proposed Clarification for Chemical Identification Describing Activated Phosphors for TSCA Inventory Purposes; Reopening of Comment Period
EPA issued a document in the Federal Register of January 16, 2008, concerning chemical identification of activated phosphors for Toxic Substances Control Act (TSCA) Inventory purposes. EPA received a request to reopen the comment period to provide more time to prepare comments. EPA is reopening the comment period for 30 days, allowing additional comments to be submitted by June 2, 2008.
EPA Science Advisory Board Staff Office; Request for Nominations To Augment Expertise on the Ecological Processes and Effects Committee (EPEC)
The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB or the Board) Staff Office is requesting nominations of experts in the area of aquatic toxicology of endocrine disrupting chemicals to augment expertise on the SAB's Ecological Processes and Effects Committee. Nominees will be considered for service on the augmented EPEC to provide advice on a methodology for deriving water quality criteria for the protection of aquatic life based on chemical mode of action.
Overseas Citizens Services Records
Notice is hereby given that the Department of State proposes to amend the Overseas Citizens Services Records pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 522a(r)), and Office of Management and Budget Circular No. A-130, Appendix I. The Department's report was filed with the Office of Management and Budget on 17 April 2007.
Draft Toxicological Review of Propionaldehyde: In Support of Summary Information on the Integrated Risk Information System
EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer-review meeting via teleconference to review the external review draft document titled, ``Toxicological Review of Propionaldehyde: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-08/003A). A 60-day public comment period for the draft document was announced on March 6, 2008 (73 FR 12171-12172). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. The public comment period and the external peer-review meeting are separate processes that provide opportunities for all interested parties to comment on the document. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Versar, Inc. invites the public to register to attend this meeting as observers. In addition, Versar, Inc. invites the public to give oral and/or provide written comments at the meeting regarding the draft document under review. The draft document and EPA's peer-review charge are available primarily via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https:// www.epa.gov/ncea. In preparing a final report, EPA will consider the Versar, Inc. report of the comments and recommendations from the external peer-review meeting and any public comments that EPA receives.
Comment Request for OMB Review of an Extension of the Nonforeign Area Cost-of-Living Allowance Price and Background Surveys
In accordance with the Paperwork Reduction Act of 1995, the Office of Personnel Management (OPM) seeks comments on its intention to request an extension of two currently approved information collections. OPM uses the two collections, a Price Survey and a Background Survey, to gather data it uses to determine cost-of-living allowances the Government provides to certain Federal employees in Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. OPM conducts Price Surveys in the Washington, DC, area on an annual basis and once every 3 years in each allowance area on a rotating basis. Prior to these surveys, OPM conducts Background Surveys that are similar to the Price Survey, but much more limited in scope. OPM uses the results of the Background Surveys to prepare for the Price Surveys.
Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism
The Enforcement Bureau (the ``Bureau'') gives notice of Mr. Rafael G. Adame's suspension from the schools and libraries universal service support mechanism (or ``E-Rate Program''). Additionally, the Bureau gives notice that debarment proceedings are commencing against him. Mr. Adame, or any person who has an existing contract with or intends to contract with him to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support, may respond by filing an opposition request, supported by documentation to Diana Lee, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-C330, 445 12th Street, SW., Washington, DC 20554.
Site Access and Coordination for Preliminary Assessments and Site Inspections Conducted by the United States Army Corps of Engineers on Formerly Used Defense Sites
The Forest Service is issuing an interim directive (ID) to provide direction to Forest Service employees regarding site access and coordination for nonsurface-disturbing preliminary assessments and site inspections conducted by the United States Army Corps of Engineers and its contractors on formerly used defense sites (FUDS) on National Forest System (NFS) lands. This ID applies only to site access and coordination procedures and not to any subsequent response activities on NFS lands, which are subject to authorization in accordance with 36 CFR Part 251, Subpart B. This interim directive is issued as ID 2709.11-2008-1 to Forest Service Handbook 2709.11, chapter 40.
Honey from Argentina: Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke in Part
On December 28, 2007, the Department of Commerce (the Department) published its preliminary results of the administrative review of the antidumping duty order on honey from Argentina. See Honey from Argentina: Preliminary Results of Antidumping Duty Administrative Review and Intent Not to Revoke in Part, 72 FR 73758 (December 28, 2007) (Preliminary Results). This administrative review covers five firms, two of which were selected as mandatory respondents, Asociacion de Cooperativas Argentinas (ACA) and Seylinco, S.A. (Seylinco). Based on our analysis of comments received, the margins for the final results do not differ from the preliminary results. See Preliminary Results.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Airworthiness Directives; Cessna Aircraft Company 172, 175, 180, 182, 185, 206, 207, 208, 210, and 303 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) 172, 175, 180, 182, 185, 206, 207, 208, 210, and 303 series airplanes. This AD requires you to inspect the alternate static air source selector valve to assure that the part number identification placard does not obstruct the alternate static air source selector valve port. If the part number identification placard obstructs the port, this AD requires you to remove the placard, assure that the port is unobstructed, and report to the FAA if obstruction is found. This AD results from reports of improper installation of the part number identification placard on the alternate static air source selector valve. The actions specified by this AD are intended to prevent erroneous indications from the altimeter, airspeed, and vertical speed indicators, which could cause the pilot to react to incorrect flight information and possibly result in loss of control.
Incidental Takes of Marine Mammals During Specified Activities; Marine Geophysical Surveys in the Eastern Tropical Pacific Ocean in 2008
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA), notification is hereby given that an Incidental Harassment Authorization to take marine mammals, by Level-B harassment, incidental to conducting two marine geophysical surveys by the Lamont- Doherty Earth Observatory (L-DEO) in the Eastern Tropical Pacific Ocean (ETP), has been issued for a period of one year.
Initiation of Five-year (“Sunset”) Review
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty order listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-year Review which covers the same order.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA expressed environmental concerns about the potential for adverse impacts to air quality, surface water and groundwater. In addition, EPA suggested that the final EIS should strengthen the No Action alternative analysis, broaden the alternative analysis, and consider reasonably foreseeable development scenarios in the cumulative impacts analysis. Rating EC2. EIS No. 20080002, ERP No. D-BLM-K08066-CA. Sunrise Powerlink Transmission Line Project, Proposed Land Use Plan Amendment, Construction and Operation of a New 91-mile 500 kilovolt (kV) Electric Transmission Line from Imperial Valley Substation (in Imperial Co. near the City of El Centro) to a New Central East Substation (in Central San Diego Co,) Imperial and San Diego Counties, CA. Summary: EPA expressed environmental concerns about potential adverse impacts to watershed resources, air quality, and the Anza- Borrego Desert State Park. We recommend further discussion on basic project objectives, including the demonstration of purpose and need and the disclosure of economic costs and benefits. Rating EC2. EIS No. 20080021, ERP No. D-SFW-L64053-AK. Yukon Flats National Wildlife Refuge Project, Proposed Federal and Public Land Exchange, Right-of-Way Grant, Anchorage, AK. Summary: EPA expressed concerns about potential habitat fragmentation impacts; the lack of appraisal information and other data for exchange lands; and the limited range and number of alternatives considered. Rating EC2. EIS No. 20080037, ERP No. D-AFS-L65548-ID. Yakus Creek Project, Proposes Timber Harvest, Watershed Improvement, and Access Management Activities, Lochsa Ranger District, Clearwater National Forest, Idaho County, ID. Summary: EPA supports actions to improve forest and watershed health. However, the final EIS should consider increasing the rate of decommissioning closed roads and review the need for the proposed OHV connector trails which could potentially adversely impact water quality in source water areas. Rating EC1. EIS No. 20080045, ERP No. D-BIA-K69008-CA. North Fork Rancheria of Mono Indians Fee-to-Trust and Casino/Hotel Project, Proposed 305-Acres- Fee-to-Trust Land Acquisition in Unincorporated Madera County, CA. Summary: EPA expressed environmental concerns about potential groundwater impacts, and requested that a mitigation monitoring and enforcement program be included in the final EIS. Rating EC2. EIS No. 20080048, ERP No. D-BLM-J67034-MT. Montana Tunnels Mine Project, Proposed M-Pit Mine Expansion to Existing Mine Pit to Access and Mine Additional Ore Resources, Jefferson County, MT. Summary: EPA identified potential significant adverse impacts to water quality that should be avoided by ensuring that metals contamination of surface and ground-water will be adequately mitigated, and that pollutant loads are consistent with TMDLs for impaired waters. EPA requested that the final EIS include information regarding mine site water management, TMDL consistency, mitigation, closure, and bonding. Rating EO2. EIS No. 20080070, ERP No. D-AFS-K65338-AZ. Warm Fire Recovery Project, Removal of Fire-Killed Trees Reforestation, Fuel Reduction and Road Reconstruction of Wildland Fire Burn Portion, Coconino County, AZ. Summary: EPA expressed concern about water resource and habitat impacts. EPA requested additional information on these impacts and suggested that the selection of Alternative 3Winter Logging would reduce many of the impacts. Rating EC2. EIS No. 20080076, ERP No. D-AFS-L65549-ID. Bussel 484 Project Area, Manage the Project Area to Achieve Desired Future Conditions for Vegetation, Fire, Fuels, Recreation, Access, Wildlife, Fisheries, Soil and Water, Idaho Panhandle National Forest, St. Joe Ranger District, Shoshone County, ID. Summary: EPA supports the proposed actions for managing forest health goals at the landscape level. However, EPA has environmental concerns with impacts to water quality from new road construction in the Bussel Creek Trail; impacts to riparian resources along the Norton Creek and Lines Creek trails under the proposed alternative; and the proposed time line for riparian plantings (10-15 years). The final EIS should include information on mitigation and whether new roads will be temporary. Rating EC1. EIS No. 20080078, ERP No. D-AFS-J65512-MT. Butte Lookout Project, Proposed Timber Harvest, Prescribed Burning, Road Work and Management Activities, Missoula Ranger District, Lola National Forest, Missoula County, MT. Summary: EPA supports activities to reduce bark beetle infestations and risks of wildfire, rehabilitate degraded watersheds, and provide timber for local and regional economies. However, EPA expressed environmental concerns about water quality impacts from logging and road construction and available funding to implement road decommissioning to achieve consistency with the downstream Lolo Creek TMDL. Rating EC2. EIS No. 20080079, ERP No. D-USN-A11081-00. Introduction of the P-8A MMA into the U.S. Navy Fleet, To Provide Facilities and Functions That Support the Homebasing of 12 P-8A Multi-Mission Maritime Aircraft (MMA) Fleet Squadrons (72 Aircraft) and one Fleet Replacement Squadron (FRS), which include the Following Installations: Naval Air Station Jacksonville, FL; Naval Air Station Whidbey Island, WA; Naval Air Station North Island, CA; Marine Corps Base HI and Kaneohe Bay, HI. Summary: EPA does not object to the proposed action. Rating LO. EIS No. 20080063, ERP No. DS-USN-K11119-HI. Hawaii Range Complex (HRC) Project, Additional Information, To Support and Maintain Navy Pacific Fleet Training, and Research, Development, Test, and Evaluation (RDT&E) Operations, Kauai, Honolulu, Maui and Hawaii Counties, HI. Summary: EPA expressed concerns about impacts to marine mammals from mid-frequency active (MFA) sonar. Rating EC2. EIS No. 20080084, ERP No. DS-AFS-J65448-UT. West Bear Vegetation Management Project, Additional Information To Improve a Portion of the Cumulative Effects Analysis and Correct the Soils Analysis, Timber Harvesting, Prescribed Burning, Roads Construction, Township 1 North, Range 9 East, Salt Lake Principle Meridian, Evanston Ranger District, Wasatch-Cache National Forest, Summit County, UT. Summary: This DSEIS responded adequately to our concerns on soil erosion and compactions; therefore, EPA does not object to the proposed action. Rating LO. EIS No. 20080096, ERP No. DS-NOA-K39102-CA. Cordell Bank, Gulf of the Farallones and Monterey Bay National Marine Sanctuaries, Updated Information, Proposes a Series of Regulatory Changes, Offshore of Northern/Central, CA. Summary: EPA does not object to the proposed project. Rating LO.
Title III of the Elementary and Secondary Education Act of 1965 (ESEA), as Amended by the No Child Left Behind Act of 2001 (NCLB)
The Secretary of Education (Secretary) proposes interpretations of several provisions of Title III of the ESEA regarding the annual administration of English language proficiency (ELP) assessments to limited English proficient (LEP) students served by Title III, the establishment and implementation of annual measurable achievement objectives (AMAOs) for States and subgrantees receiving Title III funds, and State and local implementation of Title III accountability provisions. Comments: The Department is accepting comments on this notice of proposed interpretations in order that the Department may provide additional clarification, detail, or guidance regarding these interpretations before issuing a notice of final interpretations.
Notice of Extension of Public Comment Period for Draft Environmental Impact Statement for the Proposed Homeporting of Additional Surface Ships at Naval Station Mayport, Florida
Under the National Environmental Policy Act, the U.S. Environmental Protection Agency published a notice of availability on March 28, 2008 in the Federal Register (FR Doc. E8-6424, page 16672) for the Draft Environmental Impact Statement (Draft EIS) for Mayport Naval Station Project, Proposed Homeporting of Additional Surface Ships, Several Permits, Mayport (EIS No. 20080103). This notice announces the extension of the public comment period from May 12, 2008 to May 27, 2008.
Extension of the Comment Period for the Draft Environmental Impact Statement for the Proposed Absaloka Mine Crow Reservation South Extension Coal Lease Approval, Mine Development Plan and Related Federal and State Permitting Actions, Big Horn County, MT
This notice advises the public that the Bureau of Indian Affairs (BIA) is extending by 30 days the public comment period for the Draft Environmental Impact Statement for the Proposed Absaloka Mine Crow Reservation South Extension Coal Lease Approval, Mine Development Plan and Related Federal and State Permitting Actions, announced in the Federal Register on March 21, 2008 (73 FR 15189). The closing date for public comments announced in the March 21, 2008, notice was May 5, 2008.
Agency Information Collection Activities: Proposed Collection: Comment Request: FNS-583, Food Stamp Program Employment and Training Program Activity Report
In accordance with the Paperwork Reduction Act, this notice invites the general public and other public agencies to comment on a proposed adjustment to the information collection burden for the Food Stamp Program (FSP) Employment and Training Program, currently approved under OMB No. 0584-0339. This notice proposes to reduce the currently approved burden of 31,721 by 9,966 hours. The adjusted burden is 21,755 hours. The reduction is based on changes in annual estimates for reporting on Employment and Training activities.
Determination of Regulatory Review Period for Purposes of Patent Extension; TEKTURNA
The Food and Drug Administration (FDA) has determined the regulatory review period for TEKTURNA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
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