September 15, 2008 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone in the waters of Agat Bay and Outer Apra Harbor, Guam. The zone will encompass two distinct areas, each area bounded by a circle with a 300-meter radius on the surface and a 2750-meter radius underwater, centered at 13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E (NAD 1983) and 13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E (NAD 1983) respectively. This safety zone is necessary to protect mariners who would otherwise transit or be within the affected area from possible safety hazards associated with an underwater detonation operation. Entry of persons or vessels into this temporary safety zone is prohibited unless authorized by the Captain of the Port.

Pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (16 U.S.C. 839 et seq.), the Council invites comments through October 30, 2008, on proposed amendments to its Columbia River Basin Fish and Wildlife Program (program), Council document 2008-11. The proposed amendments may be found on the Council's Web site at https://www.nwcouncil.org/fw/ program/2008amend. Background: In November 2007, the Council formally requested recommendations for amendments to the program under section 4(h) of the Northwest Power Act. The Council received 65 sets of recommendations by the deadline of April 4, 2008, from fish and wildlife agencies, Indian tribes, and others. The recommendations and supporting information have been collected in Council document 2008-06. The Council provided notice of the amendment recommendations to interested parties and the public and asked for comments. The comments on the recommendations are collected in Council document 2008-09. The Council then based its program amendments on the amendment recommendations submitted to the Council by the deadline, data and information submitted in support of the recommendations, the comments received on the recommendations, and consultations with fish and wildlife agencies, Indian tribes, Bonneville customers, and others. The recommendations, supporting information, comments on the recommendations, and the Council's proposed program amendments (in Council document 2008-11) are all found on the Council's Web site at https://www.nwcouncil.org/fw/program/ 2008amend. The Council will accept written public comment on the proposed program amendments through October 30, 2008 and will hold public hearings to take written and oral comments in Idaho, Montana, Oregon, and Washington from mid-September through mid-October. For more information on the day, time and locations for the public hearings, please see the Council's Web site at https://www.nwcouncil.org/fw/ program/2008amend/hearings.htm or call the Council's Central Offices at (503) 222-5161 or (800) 452-5161. The Council may schedule additional public hearings or consultations if necessary. The Council expects to make final decisions on the proposed amendments at the Council's meeting in Portland, Oregon, on December 9- 11, 2008. At the end of this process, the Council will make findings required by the Northwest Power Act regarding any recommendations the Council rejects. The Council may adopt or reject any of these proposed amendments after it has received and reviewed public comments. Request for Comments: You are invited to comment on the proposed program amendments by 5 p.m. on October 30, 2008. To learn how to comment, please visit the Council's Web site at https:// www.nwcouncil.org/fw/program/2008amend. You may also submit comments by mail to Mark Walker, Director of Public Affairs at 851 SW. 6th Avenue, Suite 1100, Portland, Oregon 97204.

On July 10, 2008, HUD published the NOFA for the Continuum of Care (CoC) Homeless Assistance Program. Through this NOFA, HUD is making available approximately $1.42 billion in Fiscal Year (FY) 2008 for the CoC program. The purpose of the CoC program is to reduce the incidence of homelessness in communities by assisting homeless individuals and families to move to self sufficiency and permanent housing. On August 13, 2008, HUD published a notice that established the deadline date for the submission of applications and corrected or clarified portions of the CoC NOFA. Today's publication clarifies the CoC NOFA regarding the projects subject to the calculation for housing emphasis points. Today's publication also moves the deadline date for the submission of applications.

In accordance with the National Environmental Policy Act of 1969 and surface management regulations at 43 CFR part 3809 and 43 CFR part 3715 for operations authorized by the mining laws on public lands, the Bureau of Land Management (BLM) is initiating preparation of an Environmental Impact Statement (EIS) to analyze potential environmental effects resulting from proposed expansion of an existing diatomite mine.

NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator) has authorized the use of an additional type of fishing gear for use by vessels fishing under a Northeast (NE) multispecies Category A Day-at-Sea (DAS) in the Eastern U.S./Canada Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and is intended to prevent under-harvesting of the Total Allowable Catch (TAC) for Eastern Georges Bank (GB) haddock while ensuring that the TAC of Eastern GB cod and GB yellowtail flounder will not be exceeded during the 2008 fishing year (FY). This action is being taken to provide additional opportunities for vessels to fully harvest the Eastern GB haddock TAC under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open a registration review docket for fenaminphos. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program.

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain raschel knit open work crepe fabrics, as specified below, are not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

This notice presents the modifications to CITA's Final Procedures under the CAFTA-DR Commercial Availability Provisions.

In accordance with 5 U.S.C. 4314(c)(4), NOAA announces the appointment of four new members to serve with the current membership on the NOAA Performance Review Board (PRB). The NOAA PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service and Senior Professional members and making written recommendations to the appointing authority on retention and compensation matters, including performance-based pay adjustments, awarding of bonuses and reviewing recommendations for potential Presidential Rank Award nominees. The appointment of members to the NOAA PRB will be for a period of 12 months.

Due to a paucity of fishery-independent monitoring information, stock assessments of Southeastern fisheries resources conducted through SEDAR rely heavily on evaluating fishery-dependent data sources to detect population abundance signals. Recently, assessment methods were developed that allowed for relaxation of the constant catchability assumption typically used when analyzing fishery dependent catch per unit effort information. While both assessment scientists and participating constituent representatives agree it is highly unlikely that catchability has remained constant, agreeing on the specifics that allow incorporating catchability changes remains a challenge. SEDAR will convene a workshop including representatives from Federal and state agencies, non-governmental organizations, Council technical and constituent advisors, and university researchers to evaluate catchability issues. Participants will review information addressing catchability changes, develop recommendations for incorporating catchability changes in SEDAR assessments, and recommend criteria for consideration when developing catchability profiles for individual species or fisheries. Participants will prepare a SEDAR procedures document addressing their recommendations that will be used to guide future SEDAR assessments.

EPA is taking direct final action to withdraw the federal antidegradation policy for all waters of the United States within the Commonwealth of Pennsylvania. We are withdrawing the federal antidegradation policy to allow Pennsylvania to implement its own antidegradation policy. Pennsylvania has adequately demonstrated that its antidegradation policy protects all waters of the United States at a level consistent with the federal requirements under the Clean Water Act. Therefore, the federal antidegradation policy is redundant.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of three meetings of the Board of Scientific Counselors (BOSC) Human Health Subcommittee.

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the revision and availability of draft updated national recommended water quality criteria for the protection of human health for acrolein and phenol. The draft criteria are partial updates based on EPA's Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000), EPA-822-B-00-004 (2000 Human Health Methodology) and will supersede previously published criteria when final. EPA's recommended section 304(a) water quality criteria provide guidance to States and authorized Tribes in adopting water quality standards for protecting human health and provide guidance to EPA for promulgating Federal regulations under CWA section 303(c), when such action is necessary.

The National Aeronautics and Space Administration, 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 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

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 announcing the rates and payment procedures for fiscal year (FY) 2009 for user fees under the Animal Drug User Fee Act program (ADUFA). The Federal Food, Drug, and Cosmetic Act (the act), as amended by the Animal Drug User Fee Act of 2003 (ADUFA I), and the Animal Drug User Fee Amendments of 2008 (ADUFA II), authorizes FDA to collect user fees for certain animal drug applications, on certain animal drug products, on certain establishments where such products are made, and on certain sponsors of such animal drug applications and/or investigational animal drug submissions. This notice establishes the fee rates for FY 2009. For FY 2009, the animal drug user fee rates are: $246,300 for an animal drug application; $123,150 for a supplemental animal drug application for which safety or effectiveness data is required and for an animal drug application subject to certain criteria; $4,925 for an annual product fee; $59,450 for an annual establishment fee; and $52,700 for an annual sponsor fee. FDA will issue invoices for FY 2009 product, establishment, and sponsor fees by December 31, 2008, and these invoices will be due and payable on or before January 31, 2009. FDA will issue invoices in November 2009 for any products, establishments, and sponsors that are subject to fees for FY 2009 but that qualified for fees after the December 2008 billing. The application fee rates are effective for applications submitted on or after October 1, 2008, and will remain in effect through September 30, 2009. Applications will not be accepted for review until FDA has received full payment of application fees and any other animal drug user fees owed.

The Mine Safety and Health Administration (MSHA) is revising the existing standard for the quantity and location of firefighting equipment in underground coal mines to assure that it is readily available to quickly extinguish a fire. In lieu of the existing requirements for rock dust and other firefighting equipment, this final rule allows the use of portable fire extinguishers in working sections of underground anthracite coal mines that have no electrical equipment at the working section and produce less than 300 tons of coal per shift. The rule also requires an additional fire extinguisher in lieu of rock dust at temporary electrical installations in all underground coal mines.

Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.