August 2008 – Federal Register Recent Federal Regulation Documents

Based on an affirmative final determination by the U.S. International Trade Commission (ITC), the Department of Commerce (the Department) is issuing a countervailing duty order on sodium nitrite from the People's Republic of China (PRC). On August 20, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Sodium Nitrite from the People's Republic of China, USITC Pub. 4029, Inv. No. 701-TA-453 (Final) (August 2008).

In this document the Federal Communications Commission corrects an inadvertent error that occurred when the Commission adopted final rules for the Advanced Wireless Services in the 1710-1755 MHz and 2110-2155 MHz bands, including provisions for application, licensing, operating and technical rules, and for competitive bidding. These rules were published in the Federal Register on Friday, February 6, 2004 (69 FR 5711). Specifically, the error occurred in a table to the rules concerning interference protection at certain Federal Government operations in the 1710-1755 MHz band. As a result of this correction, the table will be amended as intended by the Commission.

The Enforcement Bureau (the ``Bureau'') debars Mr. Earl Nelson from the schools and libraries universal service support mechanism (or ``E-Rate Program'') for a period of three years based on his conviction of collusion and aiding and abetting in connection with his participation in the program. The Bureau takes this action to protect the E-Rate Program from waste, fraud, and abuse.

The Enforcement Bureau (the ``Bureau'') debars Mr. William Holman from the schools and libraries universal service support mechanism (or ``E-Rate Program'') for a period of three years based on his conviction of bid rigging in connection with his participation in the program. The Bureau takes this action to protect the E-Rate Program from waste, fraud and abuse.

NMFS withdraws a proposed rule for revisions to National Standard 1 (NS1) guidelines, which was published on June 22, 2005. Instead of going forward with a final rule directly resulting from the 2005 proposed rule, NMFS published a new proposed rule for the NS1 guidelines in the Federal Register on June 9, 2008, to address new provisions enacted in 2007 in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). Because of new requirements for annual catch limits (ACLs) and accountability measures (AMs), among other things, NMFS decided that it was better to proceed with a new proposed rule rather than try to revise a 3-year old action that preceded the MSRA. The new proposed rule provides guidance on ACLs and AMs and other requirements related to overfishing and rebuilding overfished stocks in the National Standard 1 (NS1) guidelines.

This is a notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Mexico (FEMA- 1783-DR), dated 08/14/2008. Incident: Severe Storms and Flooding. Incident Period: 07/26/2008 and continuing Effective Date: 08/14/2008 Physical Loan Application Deadline Date: 10/14/2008 Economic Injury (EIDL) Loan Application Deadline Date: 05/14/2009

This is a notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Hampshire (FEMA-1782-DR), dated 08/11/2008. Incident: Severe Storms, Tornado, and Flooding. Incident Period: 07/24/2008. Effective Date: 08/11/2008. Physical Loan Application Deadline Date: 10/10/2008. Economic Injury (EIDL) Loan Application Deadline Date: Correction 05/11/2009.

This notice pertains to user fees charged for certain veterinary diagnostics services and to fees charged for agricultural quarantine and inspection services that are provided in connection with certain commercial vessels, commercial trucks, loaded commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the Customs territory of the United States. The purpose of this notice is to remind the public of the user fees for fiscal year 2009 (October 1, 2008, through September 30, 2009).

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will convene a meeting on the date and time described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering for public comment, please see SUPPLEMENTARY INFORMATION.

This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide Bacillus subtilis GB03 in or on all raw agricultural commodities when applied in accordance with good agricultural practices. Growth Products Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an amendment of the existing exemption from the requirement of a tolerance to cover use in or on all agricultural commodities and remove the regulatory text specifying ``when applied as a seed treatment.'' This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis GB03 in or on all raw agricultural commodities.

This regulation establishes a tolerance for combined residues of the fungicide fenbuconazole, alpha-[2-(4- chlorophenyl)- ethyl]-alpha-phenyl-3-(1H-1,2,4-triazole)- 1- propanenitrile, and its metabolites RH-9129, cis-5-(4-chlorophenyl)- dihydro-3-phenyl-3-(1H-1,2,4- triazole-1-ylmethyl)-2-3 H-furanone, and RH-9130, trans-5-(4- chlorophenyl)dihydro-3-phenyl-3- (1H-1,2,4- triazole-1-ylmethyl)-2-3 H- furanone, expressed as fenbuconazole in or on pepper (7E7256). The Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA) on behalf of the registrant, Dow AgroSciences LLC.

This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2008-09 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.

As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (DHHS) is hereby giving notice that the National Vaccine Advisory Committee (NVAC) will hold a meeting. The meeting is open to the public.

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 Pedro Bay Corporation. The lands are in the vicinity of Pedro Bay, Alaska, and are located in:

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the collection of information associated with the Food Contact Substances Notification System.

We are approving, with certain exceptions, a proposed amendment to the Utah regulatory program (the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposed to revise provisions of the Utah Code Annotated pertaining to small operator assistance and permit applications. Utah intended to revise its program to be consistent with SMCRA and to make editorial changes.

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 May 30, 2008. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 313, ``Application for Materials License'' and NRC Forms 313A (RSO), 313A (AMP), 313A (ANP), 313A (AUD), 313A (AUT), and 313A (AUS). 3. Current OMB approval number: 3150-0120. 4. The form number if applicable: NRC Forms 313 and 313A. 5. How often the collection is required: There is a one-time submittal of the NRC form 313 (which may include the NRC form 313A series of forms) with information to receive a license. Once a specific license has been issued, there is a 10-year resubmittal of the NRC Form 313 (which may include the NRC form 313A series of forms) with information for renewal of the license. Amendment requests are submitted as needed by the licensee. There is a one-time submittal for all limited specific medical use applicants of a NRC Form 313A series form to have each new individual identified as a Radiation Safety Officer (RSO), authorized medical physicist (AMP), authorized nuclear pharmacist (ANP), or authorized user or a subsequent submittal of additional information for one of these individuals to be identified with a new authorization on a limited specific medical use license. NRC Form 313A (RSO) is also used by medical broad scope licensees when identifying a new individual as an RSO or adding an additional RSO authorization for the individual. This submittal may occur when applying for a new license, amendment, or renewal. NRC Form 313A (ANP) is also used by commercial nuclear pharmacy licensees when requesting an individual be identified for the first time as ANP. This submittal may occur when applying for a new license, amendment, or renewal. 6. Who will be required or asked to report: All applicants requesting a license, amendment or renewal of a license for byproduct or source material. 7. An estimate of the number of annual responses: 15,127 (2,365 NRC licensees and 12,762 Agreement State licensees). 8. The estimated number of annual respondents: 15,127 (2,365 NRC licensees and 12,762 Agreement State licensees). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 65,224 hours (10,205 NRC and 55,019 Agreement State hours). 10. Abstract: Applicants must submit NRC Form 313, which may include the six forms in the 313A series, to obtain a specific license to possess, use, or distribute byproduct or source material. These six forms in the 313A series are: (1) NRC Form 313A (RSO), (``Radiation Safety Officer Training and Experience and Preceptor Attestation;'' (2) NRC Form 313A (AMP), (``Authorized Medical Physicist Training and Experience and Preceptor Attestation;'' (3) NRC Form 313A (ANP), ``Authorized Nuclear Pharmacist Training and Experience and Preceptor Attestation;'' (4) NRC Form 313A (AUD), ``Authorized User Training and Experience and Preceptor Attestation (for uses defined under 35.100, 35.200, and 35.500);'' (5) NRC Form 313A (AUT), ``Authorized User Training and Experience and Preceptor Attestation (for uses defined under 35.300);'' and (6) NRC Form 313A (AUS), ``Authorized User Training and Experience and Preceptor Attestation (for uses defined under 35.400 and 35.600).'' The information is reviewed by the NRC to determine whether the applicant is qualified by training and experience, and has equipment, facilities, and procedures which are adequate to protect the public health and safety, and minimize danger to life or property. 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, Maryland 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 September 26, 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. Nathan J. Frey, Office of Information and Regulatory Affairs (3150- 0120), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan_J._Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Russell Nichols, (301) 415-6874.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we will submit to OMB a new information collection request (ICR) for review and approval. This notice provides the public an opportunity to comment on the paperwork burden of this collection.