June 13, 2008 – Federal Register Recent Federal Regulation Documents

This is a notice of an Administrative declaration of a disaster for the Commonwealth of MASSACHUSETTS dated 06/06/2008. Incident: Apartment Fire. Incident Period: 05/29/2008.

The Office of the Secretary (OST) is amending its drug and alcohol testing procedures to authorize employers to disclose to State commercial driver licensing (CDL) authorities the drug and alcohol violations of employees who hold CDLs and operate commercial motor vehicles (CMVs), when a State law requires such reporting. This rule also permits third-party administrators (TPAs) to provide the same information to State CDL licensing authorities where State law requires the TPAs to do so for owner-operator CMV drivers with CDLs.

On June 4, 2008, a Federal Register Notice (73 FR 31908) was published announcing the Defense Trade Advisory Group's (DTAG's) open meeting on June 19, 2008 from 9 a.m. to 12 noon in the East Auditorium at the U.S. Department of State, Harry S. Truman Building, Washington, DC. This notice serves to announce the closed meeting being held from 8 a.m. to 9 a.m. as well as the purpose and topics for discussion of the June 19th meetings.

This regulation establishes time-limited tolerances for combined residues of fenoxaprop-ethyl and its metabolites in or on grass hay and forage. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on grasses grown for seed. This regulation establishes a maximum permissible level for residues of fenoxaprop-ethyl and its metabolites in these feed commodities. The time-limited tolerances expire and are revoked on December 31, 2010.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Fourth Street Abandoned Refinery Site (Site), located in Oklahoma City, Oklahoma County, Oklahoma, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is Appendix B of 40 CFR Part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Oklahoma, through the Oklahoma Department of Environmental Quality (ODEQ), because EPA has determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Double Eagle Refinery Co. Superfund Site (Site) located in Oklahoma City, Oklahoma, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Oklahoma, through the Oklahoma Department of Environmental Quality (ODEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Old Inger Oil Refinery Superfund Site (Site) located near Darrow, Ascension Parish, Louisiana, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is issuing a regulation to clarify that water transfers are not subject to regulation under the National Pollutant Discharge Elimination System (NPDES) permitting program. This rule defines water transfers as an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This rule focuses exclusively on water transfers and does not affect any other activity that may be subject to NPDES permitting requirements. This rule is consistent with EPA's June 7, 2006, proposed rule, which was based on an August 5, 2005, interpretive memorandum entitled ``Agency Interpretation on Applicability of Section 402 of the Clean Water Act to Water Transfers.''

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original new animal drug application (NADA) filed by Intervet, Inc. The NADA provides for the veterinary prescription use of chewable tablets containing ivermectin, fenbendazole, and praziquantel for the treatment and control of various internal parasites and for the prevention of canine heartworm disease in adult dogs.

In this document the Federal Communications Commission's Public Safety and Homeland Security Bureau (PSHSB), on delegated authority, establishes reconfigured 800 MHz band plans in the U.S.- Canada border regions in order to accomplish the Commission's goals for band reconfiguration.

The Food and Drug Administration (FDA) is amending its medical device reporting regulations to remove a requirement for baseline reports that the agency deems no longer necessary. Currently, manufacturers provide baseline reports to FDA that include the FDA product code and the premarket approval or premarket notification number. Because most of the information in these baseline reports is also submitted to FDA in individual adverse event reports, FDA is removing the requirement for baseline reports. The removal of this requirement will eliminate unnecessary duplication and reduce the manufacturer's reporting burden. FDA is amending the regulation in accordance with its direct final rule procedures. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under FDA's usual procedures for notice and comment to provide a procedural framework to finalize the rule in the event we receive a significant adverse comment and withdraw this direct final rule.

On May 1, 2008, EPA published a document approving revisions to the Alabama State Implementation Plan (SIP) concerning Alabama's Prevention of Significant Deterioration (PSD) program. That document included one paragraph containing an inadvertent error in its characterization of a portion of EPA's New Source Review (NSR) rules. This document corrects that inadvertent error.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects'' and identified by EPA ICR No. 2195.03 and OMB Control No. 2070-0169, is scheduled to expire on January 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA expressed environmental concerns about particulate matter and mobile source air toxics impacts, and recommended using energy efficiency and sustainability principles. Rating EC2.

In accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers, San Francisco District, (Corps) in coordination with the Port of Sacramento is preparing a draft Supplemental Environmental Impact Statement /Subsequent Environmental Impact Report (SEIS/SEIR) to evaluate the action of resuming construction of navigational improvements to the Sacramento River Deep Water Ship Channel (SRDWSC). The SRDWSC runs from the Contra Costa county line to the Port of Sacramento. Construction was initiated in 1989, but work was suspended in 1990 after deepening a portion of the channel to the authorized depth of 35 feet. The proposed action involves deepening the existing Federal navigation channel from 30 feet to 35 feet (mean lower low water) and widening portions of the channel to improve navigational efficiency for movement of goods and safety. The SRDWSC project was originally authorized by the River and Harbors Act of 1946 , Public Law 525, 79th Congress, 2nd Session, and reauthorized under Section 202(a) of the Water Resources and Development Act of 1986, Public Law 99-662, 100 Stat. 4092. This is a notice of intent to prepare an SEIS/SEIR, and to consider alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Inland Waterways Users Board (Board). Date: July 31, 2008. Location: Marcus Whitman Hotel and Conference Center, Six West Rose Drive, Walla Walla, WA 99362, (509-525-2200 or 866-826-9422). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 1 p.m. Agenda: The Board will hear briefings on the status of the funding for inland navigation projects and studies, an assessment of the Inland Waterways Trust Fund, and be provided updates of various inland waterways projects.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (``ID'') (Order No. 5) of the presiding administrative law judge (``ALJ'') terminating the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337'').

Notice is given under 5 U.S.C. 4314(c)(4) of the appointment of members to the Performance Review Board (PRB) of the Occupational Safety and Health Review Commission.