August 2008 – Federal Register Recent Federal Regulation Documents

EPA proposes to approve the State Implementation Plan (SIP) and Operating Permits Program revision submitted by the state of Iowa for the purpose of modifying and clarifying requirements for certain types of grain elevators. Specifically, the new rule revises the SIP to add special requirements for grain elevators, and the associated chapters for definitions and emission standards will be revised accordingly. The Iowa Department of Natural Resources is requiring that owners or operators of grain elevators apply best management practices and comply with the fugitive dust standard, as well as emission controls specified in required construction permits. These strategies will protect the ambient air and minimize the impact of emissions from each of the facilities.

The Department of Defense is publishing the unclassified text of a section 36(b)( 1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

Several parcels of public land totaling 262.21 acres in Minidoka County, Idaho, are being considered for direct sale under the provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), at no less than the appraised fair market value. This notice also terminates the Multiple Use Classification on a portion of these lands as this classification is no longer needed.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which requires 60 days for public comment on proposed information collection projects, the Indian Health Service (IHS) is publishing for comment a summary of a proposed information collection to be submitted to the Office of Management and Budget (OMB) for review. Proposed Collection: Title: 0917-NEW, ``Indian Health Service Health Promotion/Disease Prevention Grantee Survey.'' Type of Information Collection Request: This is a one time survey to fulfill an OMB request for an independent external evaluation collection, 0917- NEW, ``Indian Health Service Health Promotion/Disease Prevention (HP/ DP) Grantee Survey.'' Form(s): The Indian Health Service HP/DP Interview Survey. Need and Use of Information Collection: The IHS goal is to raise the health status of the American Indian and Alaska Native (AI/AN) people to the highest possible level by providing comprehensive health care and preventive health services. HP/DP is one of the three IHS Director's Initiatives to reduce health disparities among AI/AN populations through a coordinated and systematic approach to enhance health promotion and chronic disease prevention approaches at the local, regional, and national levels. The HP/DP competitive grant was established in 2005 to encourage Tribal and urban Indian programs to fully engage their local schools, communities, health care providers, health centers, faith-based/ spiritual communities, senior centers, youth programs, local governments, academia, non-profit organizations, and many other community sectors to work together to enhance and promote health and prevent chronic disease in their communities. Thirty-three Tribal/urban Indian organizations and programs were awarded competitive grants to expand and enhance health promotion and disease prevention to address health disparities among AI/AN populations. To conduct a thorough evaluation of the grant program, 29 telephone and four face-to-face interviews will be conducted to collect information to complete a quantitative and qualitative evaluation of the HP/DP grant program. The teleconference interviews may include one staff member per site. Each of the Tribal/urban organization/ programs will determine the number of their staff members that will participate in the interview. The evaluation will include an assessment of whether HP/DP grantees achieve measurable health outcomes, synthesize the evaluation findings, and include a written report with recommendations to enhance program effectiveness. The information gathered will be used to prepare a final report for OMB. Affected Public: Individuals. Type of Respondents: Tribal/Urban organizations program staff. The table below provides: Types of data collection instruments, Estimated number of respondents, Number of responses per respondent, Average burden hour per response, and Total annual burden hour(s).

The Willamette National Forest is planning to charge a fee at Benson Lake Trailhead and adjacent Scott Lake Campground beginning the summer of 2009. Benson Lake Trailhead was in the recreation fee demonstration project prior to 2005, and fees are being reestablished to help maintain facilities and services including toilet, picnic tables, garbage collection, interpretive and informational signing, and visitor security. A $5 day use fee is being proposed and recreation passes would be honored including: The Northwest Forest Pass, Interagency Passes and Golden Passports. Implementation Date: New fees would begin in August 2009.

EPA is determining that the Harrisburg-Lebanon-Carlisle, Pennsylvania nonattainment area for the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS.

This action corrects a final rule published in the Federal Register on July 30, 2008; Airspace Docket No. 07-ASO-27, FAA Docket No. FAA-2008-0187. In that rule, an error was made in the navigation aid radials stated in the description for jet route J-73. This action corrects that error. The description of area navigation route Q-110 is correct as published in the rule.

The U.S. Election Assistance Commission (EAC) is publishing a procedural manual for its Voting System Test Laboratory Program. This program sets the administrative procedures for laboratories to obtain and maintain accreditation to test voting systems under the EAC's Voluntary Testing and Certification Program. The program is mandated by the Help America Vote Act (HAVA) at 42 U.S.C. 15371.

The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. FEMA is revising this collection to include the increase in public assistance requests anticipated due to the increase in number and scope of disaster declarations.

In accordance with the provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to United Launch Alliance (ULA) to take small numbers of marine mammals, by Level B harassment only, incidental to harbor activities related to the Delta IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA (VAFB).

This proposed rule would designate deepwater shrimp of the genus Heterocarpus as management unit species (MUS), and require Federal permits and data reporting for deepwater shrimp fishing in Federal waters of the western Pacific. The proposed rule is intended to improve information on deepwater shrimp fisheries and their ecosystem impacts, and to provide a basis for future management of the fisheries, if needed.

This notice advises the public that the Oregon Department of Forestry (ODF), has submitted applications to the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) for incidental take permits (Permit(s)) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, ODF has also prepared a Habitat Conservation Plan (Plan) designed to minimize and mitigate any such take of endangered or threatened species. The Permit applications are related to forest management and timber harvest activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. The FWS and NMFS (together, the Services) are co-lead agencies in this effort. The Permit applications include the proposed Plan and a draft Implementation Agreement (IA). The Services also announce the availability of a draft Environmental Impact Statement (DEIS) for the proposed action. The Services are requesting comments from the public on the Permit applications, the Plan, the IA, and DEIS, all of which are available for review. The Services are furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to the ESA. For locations to review the documents, please see the \SUPPLEMENTARY INFORMATION\ section below. A 90-day comment period, rather then a standard 60-day comment period, is being provided to allow the public sufficient time to comment on the draft documents.

The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of ionizing radiation for control of food-borne pathogens, and extension of shelf-life, in fresh iceberg lettuce and fresh spinach (hereinafter referred to in this document as ``iceberg lettuce and spinach'') at a dose up to 4.0 kiloGray (kGy). This action is in partial response to a petition filed by The National Food Processors Association on behalf of The Food Irradiation Coalition.

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the presiding administrative law judge's finding of violation of section 337 of the Tariff Act, as amended, on remand and has terminated the investigation.

This notice announces the annual Medicare Provider Feedback Group (MPFG) Town Hall meeting. This meeting is open to all Medicare fee-for-service (FFS) providers and suppliers that participate in the Medicare program, including physicians, hospitals, home health agencies, third-party billers, and interested parties, to present their individual views and opinions on selected FFS Medicare topics. In addition, we will be soliciting input on how we can improve communications to better serve the Medicare providers and suppliers.

This notice reopens the comment period on the notice of inquiry (73 FR 28795) that sought comments regarding two specific recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to the Bureau of Industry and Security's (BIS's) deemed export licensing policy. The new comment period deadline is September 22, 2008.

The NRC is soliciting public comment on its Proposed Interim Staff Guidance (ISG) DC/COL-ISG-07 (ADAMS Accession No. ML081980084). The purpose of this ISG is to clarify the NRC position on identifying winter precipitation events as site characteristics and site parameters for determining normal and extreme winter precipitation loads on the roofs of Seismic Category I structures. This ISG revises the previously issued staff guidance in March 2007 in the Standard Review Plan (SRP) NUREG-0080, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants.'' The NRC staff issues DC/COL-ISGs to facilitate timely implementation of the current staff guidance and to facilitate activities associated with review of applications for design certifications (DCs) and combined licenses (COLs) by the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISG- 007 into the next revision of the SRP and related guidance documents.

We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing control of depredating or introduced migratory birds. The purple swamphen (Porphyrio porphyrio) is not native to any State, and competes with native species. However, we have proposed to add it to the list of species protected under our Migratory Bird Treaty Act obligations because it does occur naturally in American Samoa. We propose to amend 50 CFR part 21 to allow removal of purple swamphens in the contiguous United States, Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands.

We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing control of introduced migratory birds. The muscovy duck (Cairina moschata) occurs naturally only in southern Texas. It has been introduced in other locations, where it is considered an invasive species that sometimes creates problems through competition with native species, damage to property, and transmission of disease. We propose to revise 50 CFR part 21 to prohibit sale of muscovy ducks for hunting, and to allow their removal in locations in which the species does not occur naturally in the contiguous United States, Alaska, and Hawaii, and in U.S. territories and possessions. This will require a revision of Sec. 21.14 (permit exceptions for captive-bred migratory waterfowl other than mallard ducks) and a revision of Sec. 21.25 (waterfowl sale and disposal permits), and the addition of Sec. 21.54, an order to allow control of muscovy ducks, their nests, and eggs. We also have rewritten the affected regulations to make them easier to understand.