September 2, 2008 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Energy, Western Area Power Administration (Western) is canceling the preparation of an Environmental Impact Statement (EIS) on a proposal by Western to participate with Tri-State Generation and Transmission Association, Incorporated (Tri-State), in the construction of the Eastern Plains Transmission Project (EPTP). Western would have obtained 275 megawatts of capacity rights on the proposed transmission lines by participating in the EPTP. The EIS would have addressed the construction, operation, and maintenance of approximately 1,000 miles of high-voltage transmission lines and ancillary facilities, which included substations, fiber optic installation, access roads, and construction staging areas. Western issued a Notice of Intent to prepare an EIS for the EPTP in the Federal Register on August 2, 2006 (71 FR 43733), and conducted 10 public scoping meetings throughout the project area from August 28 through September 14, 2006. Additional public meetings were held in February 2007 (72 FR 2507), and in June 2007 (72 FR 30792). Western is canceling the preparation of the EIS due to anticipated changes in the EPTP scope. If Western decides to participate in the re- defined EPTP, a National Environmental Policy Act review will be initiated at that time. Tri-State may continue with development of the EPTP.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 9-2008-16) pursuant to Section 122(h) of CERCLA concerning the Bodie State Historic Park Site (the ``Site''), located in Bodie, Mono County, California. The settling party is the California Department of Parks and Recreation (``DPR''). Through the proposed Agreement, DPR will fully reimburse the United States up to $1,400,000 for response costs incurred at the Site. The Agreement provides DPR with a covenant not to sue for these response costs, and contribution protection. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

Under section 6021 of Public Law 109-171, the Deficit Reduction Act of 2005 (DRA), States may provide asset disregards (and related estate recovery offsets) for Medicaid applicants who receive benefits under qualified long term care insurance policies (Partnership policies) that were purchased in the same State. This notice sets forth standards for states that choose to enter into a reciprocity agreement under section 6021(b) of the DRA, under which they agree to provide the same disregards and offsets for qualified Partnership policies that a Medicaid applicant purchased in another State that participates in the reciprocity agreement.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 34 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The Federal Transit Administration (FTA) and the Florida Department of Transportation (FDOT) intend to prepare an Environmental Impact Statement (EIS) for the proposed Central Broward East-West public transportation improvements in Broward County, Florida, from Sawgrass Mills/Bank Atlantic Center in western Broward County, to the Fort Lauderdale-Hollywood International Airport in eastern Broward County, with the alignment located in the vicinity of Sawgrass Corporate Park, Interstate-595 (I-595), State Road 7 (SR 7), Broward Boulevard and Andrews Avenue. The EIS will be prepared in accordance with regulations implementing the National Environmental Policy Act (NEPA), as well as provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The purpose of this Notice of Intent is to alert interested parties regarding the plan to prepare the EIS, to provide information on the nature of the proposed transit project, to invite participation in the EIS process, including comments on the scope of the EIS proposed in this notice, and to announce that public scoping meetings will be conducted.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 13997, Validating Your TIN and Reasonable Cause.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Forms 9779, 9779(SP), 9783, 9783(SP), 9787, 9787(SP), 9789 and 9789(SP), Electronic Federal Tax Payment System (EFTPS).

The Privacy Act of 1974, as amended, 5 U.S.C. 552a, requires all Federal agencies to publish their inventory of Privacy Act systems of records. In accordance with this requirement, and following a review of its records, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is publishing its Privacy Act system of records.

This document makes a correction to a proposed airworthiness directive (AD), which was published in the Federal Register on August 7, 2008 (73 FR 45902), and applies to certain Cessna Aircraft Company (type certificate previously held by Columbia Aircraft Manufacturing) (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. This document proposed to revise AD 2007-07-06 with a new AD that would retain the actions currently required in AD 2007-07-06; allow installing access panels; and change the serial number applicability. The FAA incorrectly referenced the docket number of this proposed AD as ``FAA-2007-27268'' instead of ``FAA-2007-27628.'' This document corrects the docket number.

The Food and Drug Administration (FDA) is requesting comments and scientific data and information that may assist the agency to improve the guidance to industry set forth in the ``Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables,'' issued in 1998. Specifically, FDA is seeking information about current agricultural practices and conditions used to grow, harvest, pack, cool, and transport fresh produce; risk factors for contamination of fresh produce associated with these practices; and possible measures that FDA could implement that would enhance the safety of fresh produce.

This notice announces an open meeting of the National Technical Advisory Council. Notice of the meeting is required by Section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of their opportunity to participate.

The Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Office, will submit the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13 (as amended), 44 U.S.C. Chapter 35). The Office of the Chief Procurement Officer is soliciting comments related to its request for extension of an existing information collection authority for information collected from contractors during the post-contract award phase of public contract administration under Homeland Security Acquisition Regulation (HSAR).

This notice is to announce that the Bureau of Industry and Security (BIS) is initiating a foreign availability assessment pursuant to sections 5(f) and 5(h) of the Export Administration Act of 1979, as amended (EAA). The Office of Technology Evaluation (OTE) will oversee the assessment of the foreign availability in China of uncooled thermal imaging cameras incorporating microbolometer focal plane arrays. BIS is also seeking public comments on the foreign availability of these cameras in China.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on June 26, 2007 and April 17, 2008. The June 26, 2007 revision updates Section XII of the Utah SIP and Rule R307-110-20 of the Utah Administrative Code (UAC) to meet the federal transportation conformity consultation requirements. The amended Rule R307-110-20 incorporates by reference Section XII, ``Transportation Conformity Consultation,'' of the SIP. The April 17, 2008 revision makes minor changes to UAC sections R307-101-2, ``Definitions;'' R307-115-1, ``Determining Conformity;'' R307-170-7, ``Performance Specification Audits;'' and R307-310-2, ``Definitions;'' and adds R307-101-3, ``Version of CFR Incorporated by Reference.'' In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views these as noncontroversial SIP revisions and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

This notice announces that the Secretary of Commerce has approved the withdrawal of ten Federal Information Processing Standards (FIPS). These FIPS are being withdrawn because they are obsolete, or have not been updated to adopt current voluntary industry standards, federal specifications, federal data standards, or current good practices for information security. Some of these FIPS adopt voluntary industry standards. Federal agencies and departments are directed by the National Technology Transfer and Advancement Act of 1995 (Pub. L. 104- 113) to use technical standards that are developed in voluntary consensus standards bodies. Consequently, FIPS that duplicate voluntary industry standards are no longer needed. Some of these FIPS adopt data standards that are developed and used by other Federal government agencies. These FIPS have not been updated to reflect changes and modifications that have been made to the data standards. The remaining FIPS adopt obsolete Federal specifications for information access and for information security. More recent advisory guidance has been issued concerning access to publicly available government information and computer data authentication. Federal agencies are responsible for using current voluntary industry standards and current federal specifications and data standards in their acquisition and management activities.