June 23, 2008 – Federal Register Recent Federal Regulation Documents

In accordance with Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the BLM in Oregon is beginning preparation of a programmatic Environmental Impact Statement (EIS) to analyze the use of 18 nationally approved herbicides to control noxious weeds; to treat invasive plants and other weeds in administrative sites, recreation sites, and rights-of-way; to treat forest pests and diseases; and to meet non-commodity landscape health objectives across nine BLM Districts in Oregon. This EIS will tier to, and adopt procedures from, the programmatic Vegetation Treatments Using Herbicides on BLM Lands in 17 Western States EIS and Record of Decision (ROD) completed by the BLM in 2007 for the same 18 herbicides. The EIS will not amend existing District Resource Management Plans (RMPs).

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to The Kuskokwim Corporation, Successor in Interest to Upper Kalskag, Incorporated. The lands are in the vicinity of Upper Kalskag, Alaska, and are located in:

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 Black Hills Exploration and Production, Inc. for Competitive oil and gas lease WYW173501 for land in Weston 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.

The Food and Drug Administration (FDA) is amending its regulations to implement a nomenclature change and to ensure accuracy and clarity in the agency's regulations.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's drug labeler code for ADM Alliance Nutrition, Inc. This action is being taken to improve the accuracy of the regulations.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on April 1, 2008. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 536, ``Operator Licensing Examination Data.'' 3. Current OMB approval number: 3150-0131. 4. The form number if applicable: NRC Form 536. 5. How often the collection is required: Annually. 6. Who will be required or asked to report: All holders of and applicants for operating licenses for commercial nuclear power reactors. 7. An estimate of the number of annual responses: 80. 8. The estimated number of annual respondents: 80. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 80. 10. Abstract: NRC is requesting renewal of its clearance to annually request all commercial power reactor licensees and applicants for an operating license to voluntarily send to the NRC: (1) Their projected number of candidates for initial operator licensing examinations; (2) the estimated dates of the examinations; (3) if the examinations will be facility developed or NRC developed, and (4) the estimated number of individuals that will participate in the Generic Fundamentals Examination (GFE) for that calendar year. Except for the GFE, this information is used to plan budgets and resources in regard to operator examination scheduling in order to meet the needs of the nuclear power industry. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 23, 2008. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection. DPRS 2809, Request to Change Federal Employees Health Benefits (FEHB) Enrollment, is used by former spouses and Temporary Continuation of Coverage recipients who are eligible to elect, cancel, or change health benefits enrollment during open season. Approximately 27,000 DPRS-2809 forms are completed annually. We estimate it takes approximately 45 minutes to complete the forms. The annual burden is 20,250 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. Sections 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA 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.

The Coast Guard is establishing a temporary security zone on certain waters of the Patapsco River, Middle Branch, in Baltimore Harbor, Baltimore, Maryland, during the USS STERETT Commissioning ceremony. The security zone is necessary to provide for the security of the USS STERETT and the safety of life of event participants, spectators and mariners on U.S. navigable waters during the event. Entry into the zone is prohibited unless authorized by the Captain of the Port or a designated representative.

The Coast Guard is establishing safety zones for four swimming events in the Captain of the Port Boston zone. This rule is intended to restrict vessels from portions of water during events that pose a hazard to public safety. The safety zone is necessary to protect participants and vessels from the hazards associated with a swim event.

The Bureau of Land Management (BLM) has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for approval under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The ICR is scheduled to expire on July 31, 2008. The BLM may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, the BLM may continue to conduct or sponsor this information collection while it is pending at OMB. On January 25, 2008, the BLM published the required 60-day notice in the Federal Register (73 FR 4621), requesting comments on this proposed collection. The comment period ended on March 25, 2008. The BLM received no comments. You may obtain copies of the proposed collection of information and related forms and explanatory material by contacting the BLM Information Collection Clearance Officer at the telephone number listed in the ADDRESSES section below.

PHMSA is holding a Workshop on Cased Pipeline Integrity Assessments and in coordination with a planning group representing the National Association of Pipeline Safety Regulators, American Gas Association, Interstate Natural Gas Association of America, American Public Gas Association, American Petroleum Institute, and NACE International, the workshop focus will be for pipeline operators, trade associations, and others to address concerns with successfully using External Corrosion Direct Assessment integrity evaluation methods and use of other technologies to assess casings in High Consequence Areas.

The Federal pipeline safety laws allow a pipeline operator to request PHMSA to waive compliance with any part of the Federal pipeline safety regulations by granting a special permit to the operator. PHMSA is publishing this notice to provide a list of special permit requests we have received from pipeline operators seeking relief from compliance with certain pipeline safety regulations. This notice seeks public comment on these requests, including comments on any environmental impacts. At the conclusion of the comment period, PHMSA will evaluate each request individually to determine whether to grant or deny a special permit.

The Coast Guard is issuing this notice to inform U.S. and foreign flag nontank vessel owners and operators that effective August 22, 2008, we will begin enforcing the requirement to prepare and submit a nontank vessel response plan (NTVRP) for certain nontank vessels, as required by the Coast Guard and Maritime Transportation Act of 2004.

The uniform protocol for the analysis of nicotine, total moisture, and pH in smokeless tobacco products, originally published in the Federal Register in 1999 (64 FR 14086), ``Notice Regarding Requirement for Annual Submission of the Quantity of Nicotine Contained in Smokeless Tobacco Products Manufactured, Imported, or Packaged in the United States,'' and revised in the Federal Register on March 14, 2008 (73 FR 13903), implements the requirement of the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA) of 1986 (15 U.S.C. 4401 et seq., Pub. L. 99-252) that each entity manufacturing, packaging, or importing smokeless tobacco products shall annually provide the Secretary of Health and Human Services (HHS) with a specification of the quantity of nicotine contained in each smokeless tobacco product. CDC is re-publishing the notice published in the Federal Register on March 14, 2008 (73 FR 13903) concerning the revision of the protocol for analysis of nicotine in smokeless tobacco products (hereinafter referred to as ``Protocol'') to (1) make a technical change to correct the date when the first report of information under the revised Protocol is due; (2) solicit public comments concerning a change in the Protocol that increased the volume of water in the pH determination from 10 mL to 20 mL, and (3) solicit public comments concerning the addition of the following commercial smokeless tobacco product categories: Dry snuff portion packs, snus, snus portion packs, and pellet or compressed. The Protocol as published in the Federal Register on March 14, 2008 (73 FR 13903), remains in effect with the technical correction to the date described below. Technical change: The language in the March 14, 2008 notice stated that ``The first report of information is due June 30, 2008, with subsequent submissions due by March 31 of each year.'' The first report date of information should be 2009 so that the sentence correctly reads: ``The first report of information is due June 30, 2009, with subsequent submissions due by March 31 of each year.''

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the U.S. Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for re-clearance of an expiring information collection (Fingerprint Charts SF 87 and SF 87A; OMB No. 3206-0150). The Fingerprint Charts are used in processing fingerprint checks submitted to the Federal Bureau of Investigation (FBI) to assist in determining whether an applicant is suitable for Federal employment or should be granted a security clearance. The SF 87 and SF 87A are used as a basis of any criminal history check. The SF 87 and SF 87A are completed by respondents for, or incumbents of, Government positions or positions for the Government under contract, or by military personnel. The charts are used as the basis for background investigations to establish that such persons are: Suitable for employment or retention in the position; Suitable for employment or retention in a public trust position; Suitable for employment or retention in a national security position; and Eligible for access to classified national security information. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions of the OPM and its Federal Investigative Services Division, which administers background investigations; Whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology; and Ways in which we can enhance the quality, utility, and clarity of the information to be collected. Federal employees are defined as those individuals who are employed as civilians or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. It is estimated that 363,500 SF 87 or SF 87A inquiries are sent to individuals annually. Each form takes approximately five minutes to complete. The estimated annual burden is approximately 25,979 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to mbtoomey@opm.gov. Please include a mailing address with your request.

This notice proposes revised 2008 assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.

The Environmental Protection Agency (EPA) is making available to the public information related to a May 30, 2007 proposed rule under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act. The SNAP program reviews alternatives to Class I and Class II ozone-depleting substances and finds acceptable the use of alternatives that reduce the overall risk to public health and the environment. EPA proposed to list n- propyl bromide (nPB) as unacceptable for use as a substitute for chlorofluorocarbon (CFC)-113, methyl chloroform, and hydrochlorofluorocarbon (HCFC)-141b in the adhesive and aerosol solvent end uses; and acceptable subject to use conditions (limited to coatings at facilities that, as of May 30, 2007, had provided EPA with information demonstrating their ability to maintain acceptable workplace exposures) as a substitute for methyl chloroform, CFC-113, and HCFC-141b in the coatings end use. The Agency has received additional information regarding the exposure levels of n-propyl bromide found in the workplace due to use of aerosols containing n- propyl bromide, as well as information on industry practices from aerosol suppliers and from a survey of a significant number of end users. The Agency is requesting comment on these materials. We plan to consider this information, and any comments received during the comment period on this notice of data availability, in determining what future action to take on our May 2007 proposal regarding the use of n-propyl bromide in aerosols.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), this notice announces that the U.S. Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for clearance of these information collections: Questionnaire for Non-Sensitive Positions, SF 85; Questionnaire for Public Trust Positions, SF 85P; Supplemental Questionnaire for Selected Positions, SF 85PS; Questionnaire for National Security Positions, SF 86; Continuation Sheet for Questionnaires SF 85, SF 85P, and SF 85PS, SF 86A; Certification Statement for SF 86, SF 86C; and Parallel, electronic versions of the SF 85, SF 85P, SF 85PS, and SF 86, including accompanying releases, housed in a system named e-QIP (Electronic Questionnaires for Investigative Processing). These information collections are completed by applicants for, or incumbents of, Government positions, or positions for the Government under contract, or by military personnel. The collections are used as the basis of information for background investigations to establish that such persons are: Suitable for employment or retention in Federal employment; Fit based on character and conduct for employment or retention as a contractor; Suitable for a public trust position; Suitable for or retention in national security positions as defined in 5 CFR 732; Eligible for or retention in positions requiring access to classified information under Executive Order 12968; Eligible for employment or retention as a Federal employee, Federal contractor or military personnel. When use is necessary, the SF 86A is used in lieu of blank paper as a continuation of the form with which its use is associated and not for any unique purpose exclusive from the associated form. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the U.S. OPM and its Federal Investigative Services Division, which administers background investigations; Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology; and Ways in which we can enhance the quality, utility, and clarity of the information to be collected. The SF 85, SF 85P, SF 85PS, SF 86, SF 86A, and SF 86C are completed by both employees of the Federal Government and individuals not employed with the Federal Government, including Federal contractors and military personnel. Federal employees are defined as those individuals who are employed as civilian or military personnel with the Federal Government. Non- Federal employees include members of the general public and all individuals employed as Federal and military contractors, or individuals otherwise not directly employed by the Federal Government. It is estimated that 45,100 non-Federal individuals will complete the SF 85 annually. Each form takes approximately 30 minutes to complete. The estimated annual public burden is 22,600 hours. It is estimated that 87,400 non-Federal individuals will complete the SF 85P annually. Each form takes approximately 60 minutes to complete. The estimated annual burden is 87,400 hours. It is estimated that 10,600 non-Federal individuals will complete the SF 85PS annually. Each form takes approximately 10 minutes to complete. The estimated annual burden is 1,800 hours. It is estimated that 190,100 non-Federal individuals will complete the SF 86 annually. Each form takes approximately 120 minutes to complete. The estimated annual burden is 380,200 hours. It is estimated that 16,000 non-Federal individuals will complete the SF 86A annually. When this continuation form is used, however, no public burden estimate is provided as it is included with the time computed with the associated security questionnaire. It is estimated that 1,200 non-Federal individuals will complete the SF 86C annually. Each form takes approximately 15 minutes to complete. The estimated annual burden is 300 hours. The total estimated annual number of responses for all forms in this collection is 350,400. The estimated annual burden is 492,300 hours. e-QIP (Electronic Questionnaires for Investigations Processing) is a Web-based system application that houses electronic versions or the SF 85, SF 85P, SF 85PS, and SF 86. This internet data collection tool is used in place of and not in addition to the paper versions of these forms. Individuals using e-QIP will enjoy more convenience, faster processing time, and immediate data validation to ensure accuracy of their personal history information. The data requested on these forms is consistent with that requested on their paper counterparts. While e- QIP will significantly enhance the processing of security questionnaires for processing of background investigations, we do not expect an immediate discernable change to the public burden hours from those cited above for identical paper versions of the forms. However, we expect to have separate, estimated figures for publication in the 30-day Federal Register Notice. In FY 2007, the total number of e-QIP users totaled 622,300. This includes 40,000 submitted on the SF 85; 69,000 on the SF 85P; and 513,300 on the SF 86. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, Fax (202) 418-3251 or e-mail to mbtoomey@opm.gov. Please be sure to include a mailing address with your request.