August 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the State Implementation Plan submitted by the North Carolina Department of Environment and Natural Resources on behalf of the State of North Carolina on April 16, 2001, April 4, 2003, and December 14, 2004. The purpose of these revisions is to require continuous emissions monitoring systems be used to determine compliance; specify a 24-hour block averaging time for sulfur dioxide emissions; make a correction to a cross-reference; provide options for supplying missing data and for determining heat input; and make several revisions to permit exemptions. This action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

This notice announces three hospitals' requests for a waiver from entering into an agreement with their designated Organ Procurement Organization (OPO), in accordance with section 1138(a)(2) of the Social Security Act (the Act). This notice requests comments from OPOs and the general public for our consideration in determining whether we should grant the requested waivers.

The NPS announces the SRC meeting schedules for the following areas: Aniakchak National Monument, Cape Krusenstern National Monument, Kobuk Valley National Park, Lake Clark National Park, and Wrangell-St. Elias National Park. The purpose of each meeting is to develop and continue work on NPS subsistence hunting program recommendations and other related subsistence management issues. Each meeting is open to the public and will have time allocated for public testimony. The public is welcome to present written or oral comments to the SRC. Each meeting will be recorded and meeting minutes will be available upon request from each Superintendent for public inspection approximately six weeks after each meeting. The NPS SRC program is authorized under Title VIII, Section 808 of the Alaska National Interest Lands Conservation Act, Pub. L. 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act.

This rule makes a conforming amendment to HUD's regulation that restricts individuals enrolled in an institution of higher education and who meet certain other requirements from receiving assistance under section 8 of the U.S. Housing Act of 1937. That regulation was required by statute to be promulgated in 2005, and the statute was subsequently amended to exempt from this restriction students with disabilities who were receiving section 8 assistance as of November 30, 2005.

The National Park Service (NPS) announces a meeting of the Denali National Park and Preserve Aircraft Overflights Advisory Council. The purpose of this meeting is to discuss mitigation of impacts from aircraft overflights at Denali National Park and Preserve. This meeting is open to the public and will have time allocated for public testimony. The public is welcomed to present written or oral comments. The meeting will be recorded and a summary will be available upon request from the Superintendent for public inspection approximately six weeks after each meeting. The Aircraft Overflights Advisory Council is authorized to operate in accordance with the provisions of the Federal Advisory Committee Act.

The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

Pursuant to the Federal Advisory Committee Act, EPA gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Work Group on Comparative Safety Statements or Logos for Pesticide Product Labeling on September 10, 2008. An agenda is under development and will be posted on EPA's website by August 25, 2008.

The Environmental Protection Agency (EPA) Region 6 announces the deletion of the Double Eagle Refinery Co. Superfund Site (Site) located in Oklahoma City, 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 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, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued two 1-year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's operation of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, Department of the Navy, 2000 Navy Pentagon, Washington, DC, and persons operating under his authority.

This notice announces the availability of the Final Environmental Assessment and a Finding of No Significant Impact for the Proposed PMI Frontera Juarez Pipeline Project. On January 18, 2008, PMI Services North America (``PMI'') applied for a Presidential permit to construct, connect, operate and maintain a 10.75-inch liquid hydrocarbon (gasoline and diesel) pipeline for the transportation of liquid hydrocarbon products between the United States and Mexico, to be located at the international border between the United States and Mexico, near San Elizario, Texas. Currently, the refined products are transported across the international border via trucks from El Paso to Ciudad Jua rez. The Frontera Ju[aacute]rez Pipeline would displace this mode of delivery with the proposed net effect of increasing safety and decreasing the negative impact to the local environment. Executive Order 13337 of April 30, 2004, as amended, delegates to the Secretary of State the President's authority to receive applications for permits for the construction, connection, operation, or maintenance of facilities, including pipelines, for the exportation or importation of petroleum, petroleum products, coal, or other fuels at the border of the United States and to issue or deny such Presidential Permits upon a national interest determination. The Executive Order directs the Secretary of State to refer the application and pertinent information to, and to request the views of, the heads of certain agencies before issuing a Permit and authorizes the Secretary to consult with other interested federal and state officials, as appropriate. The Executive Order also authorizes Federal Register notification of receipt of Presidential permit applications and for public comments on those applications. The functions assigned to the Secretary have been further delegated within the Department of State. The Department of State published in the Federal Register a Notification of Receipt and Notice of Intent to prepare an Environment Assessment (EA) regarding the PMI Application for a permit on March 26, 2008 (73 FR 16090-01). That notification advised the public that the Department intended to prepare an EA on the application and solicited public comment. The Department's Notice of Availability of the draft EA and request for public comment was published in the Federal Register on April 29, 2008 (73 FR 23301-01), seeking comments by May 29, 2008. The Department received public comments in response to its two notices and has taken them into account in preparing the Final Environmental Assessment on the PMI Application. As required by Executive Order 13337, PMI's pipeline application and a Draft Environmental Assessment were also transmitted to the relevant federal agencies for their review and comment on May 22, 2007. The Department of State received no objections from federal agencies regarding the issuance of a permit. In accordance with the National Environmental Policy Act of 1969 (``NEPA''), 42 U.S.C. 4321-4370f, the Council of Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508, and the Department's regulations for the implementation of NEPA, 22 CFR part 161, PMI has prepared a Final Environmental Assessment (``FEA'') under the guidance and supervision of the Department, with full public participation, including a public meeting and ample opportunity for written and oral public comment on the project. Based on the FEA and the record created as part of the Department's evaluation of the PMI application, on August 16, 2008 the Department determined that ``issuance of a Presidential Permit authorizing construction, connection, operation and maintenance of the proposed Frontera Juarez Pipeline would not have a significant impact on the quality of the human environment within the United States.'' Accordingly, the Department on that date adopted a ``Finding Of No Significant Impact'' (FONSI) and determined that an environmental impact statement will not be prepared on the PMI application.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between April 1, 2008, and June 30, 2008. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2008. We intend to publish future lists after the close of the next calendar quarter.

The Departments of Commerce and the Interior (the Departments) propose to amend their regulations governing watch duty-exemption allocations and watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The proposed rule would amend the regulations by updating the formula that is used to calculate the combined amount of individual and family health and life insurance per year that is creditable towards the duty refund benefit.

DOE announces its decision to issue a Presidential Permit that would authorize Generadora del Desierto SA de C.V. (GDD) to construct, operate, maintain, and connect a new double-circuit 230,000-volt (230- kV) electric transmission line across the U.S.-Mexico border into Yuma County, southeast of San Luis, Arizona. The environmental impacts that would be associated with the line were analyzed in the Environmental Impact Statement (EIS) for the San Luis Rio Colorado Project (DOE/EIS- 0395, SLRC EIS). The transmission line, known as the San Luis Rio Colorado (SLRC) Project, would extend from a new gas-fired electric power plant, known as the SLRC Power Center (to be constructed by GDD approximately one mile south of the U.S.-Mexico border in San Luis Rio Colorado, Sonora, Mexico), cross the U.S.-Mexico border, extend approximately 21 miles north, and connect to the existing Gila Substation that is owned and operated by the Western Area Power Administration (Western), an organizational element within DOE. From the Gila Substation, the line would extend an additional five miles north and connect to the existing North Gila Substation that is owned and operated by the Arizona Public Service Company (APS). In reaching this decision, DOE considered the low environmental impacts in the United States from constructing, operating, maintaining, and connecting the proposed international transmission line and from the construction and operation of the SLRC Power Center, the absence of adverse impacts to the reliability of the U.S. electric power supply system, and the absence of major issues of concern to the public. On October 12, 2007, Western issued a ROD (72 FR 58074) in which it decided to allow the proposed international transmission line and the SLRC Power Center to interconnect with Western's transmission system at the Gila Substation. DOE has prepared this ROD and Floodplain Statement of Findings in accordance with the regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508) for implementing the National Environmental Policy Act (NEPA), DOE's NEPA Implementing Procedures (10 CFR Part 1021), and DOE's Compliance with Floodplain and Wetland Environmental Review Requirements (10 CFR Part 1022).

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 Stony River Limited. The lands are in the vicinity of Stony River, Alaska, and are located in:

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Cessna Model 560 airplanes. The existing AD currently requires installing new minimum airspeed placards to notify the flightcrew of the proper airspeeds for operating in both normal and icing conditions. The existing AD also requires revising the airplane flight manual to provide limitations and procedures for operating in icing conditions, for operating with anti-ice systems selected ``on'' independent of icing conditions, and for recognizing and recovering from inadvertent stall. The existing AD also provides an optional terminating action for the placard installation. This proposed AD would require the previously optional terminating action. This proposed AD results from an evaluation of in-service airplanes following an accident. The evaluation indicated that some airplanes might have an improperly adjusted stall warning system. We are proposing this AD to prevent an inadvertent stall due to the inadequate stall warning margin provided by an improperly adjusted stall warning system, which could result in loss of controllability of the airplane.