October 2008 – Federal Register Recent Federal Regulation Documents

Because of a software problem at the Federal eRulemaking Portal (https://www.regulations.gov), the Board did not receive certain public comments submitted through that portal. This problem affected comments on four of the Board's proposed rules [Docket Nos. R-1286; R- 1314, R-1315; and R-1316] that were submitted only through the Federal eRulemaking Portal between March 22, 2008, and September 8, 2008. A total of 83 comments on the four proposals were not relayed to the Board. As set forth below, the Board will accept resubmission of those comments that were not received.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the dusky tree vole (Arborimus longicaudus silvicola) in all of its range as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). The petitioners also requested the Service to list either the north Oregon coast population of the red tree vole (A. longicaudus) as a Distinct Population Segment (DPS) or the red tree vole throughout all of its range because it is threatened or endangered in a significant portion of its range, if we determined that the subspecies, A. l. silvicola, was not a valid taxon. We find that the petition presents substantial scientific or commercial information indicating that listing the dusky tree vole as a subspecies may be warranted. Therefore, with the publication of this notice we are initiating a status review of the species, including the evaluation of the north Oregon coast population of red tree vole and the red tree vole throughout its range, and we will issue a 12-month finding on our determination as to whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' New Mexico's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA). In the ``Rules and Regulations'' section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. The EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The Intelligence Reform and Terrorism Prevention Act 2004 (IRTPA) requires the Department of Homeland Security (DHS) to assume from aircraft operators the function of conducting pre-flight comparisons of airline passenger information to Federal government watch lists for domestic flights and international flights to, from, and overflying the United States. The Transportation Security Administration (TSA) is issuing this final rule to implement that congressional mandate. This final rule allows TSA to begin implementation of the Secure Flight program, under which TSA will receive passenger and certain non- traveler information, conduct watch list matching against the No Fly and Selectee portions of the Federal government's consolidated terrorist watch list, and transmit a boarding pass printing result back to aircraft operators. TSA will do so in a consistent and accurate manner while minimizing false matches and protecting personally identifiable information. On August 23, 2007, U.S. Customs and Border Protection (CBP) published a final rule to implement pre-departure advance passenger and crew manifest requirements for international flights and voyages departing from or arriving in the United States using CBP's Advance Passenger Information System (APIS). These rules are related. After the compliance date of this Secure Flight final rule, aircraft operators will submit passenger information to DHS through a single DHS portal for both the Secure Flight and APIS programs. This will allow DHS to integrate the watch list matching component of APIS into Secure Flight, resulting in one DHS system responsible for watch list matching for aviation passengers.

On October 12, 2005, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing sources at hazardous waste combustion facilities (the final rule). Subsequently, the Administrator received four petitions for reconsideration of the final rule. On March 23, 2006 and September 6, 2006, EPA granted reconsideration with respect to eight issues raised by the petitions. After evaluating public comments submitted in response to these reconsideration notices, we are taking final action regarding the eight issues raised in the petitions for reconsideration. EPA also re-opened the rule to consider comments relating to a post- promulgation decision of the United States Court of Appeals for the District of Columbia Circuit, and is responding in this proceeding to the comments received on that notice, published on September 27, 2007. As a result of this reconsideration process, we are revising the new source standard for particulate matter for cement kilns and for incinerators that burn hazardous waste. We are also making amendments to the particulate matter detection system provisions and revisions to the health-based compliance alternative for total chlorine of the final rule. Finally, we are also issuing several corrections and clarifications to the final rule.

The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, ``Services'' or ``we'') previously proposed to amend regulations governing interagency cooperation under the Endangered Species Act of 1973 (Act) (73 FR 47868-47875; August 15, 2008). The Services proposed these regulatory changes to improve the effectiveness and efficiency of the section 7(a)(2) consultation process. This Federal Register notice advises the public that we (FWS and NOAA) have prepared a Draft Environmental Assessment (Draft EA) under the National Environmental Policy Act (NEPA) that assesses the potential environmental effects of the proposed regulatory changes currently under consideration. The Draft EA is available for public review at the following Web site: https://www.doi.gov/issues/esa.html.

The Food and Drug Administration (FDA) is correcting a proposed rule that appeared in the Federal Register of Thursday, September 18, 2008 (73 FR 54106). The document issued a proposed rule that would require owners or consignees to label imported food that is refused entry into the United States. The preamble to the proposed rule inadvertently omitted a reference. This document corrects that error.

This proposed rule would adjust quotas for the 2009 fishing season for sandbar sharks, non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks managed under Amendment 2 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) based on any over- and/or underharvests experienced during the 2008 Atlantic commercial shark fishing season. The purpose of this proposed action is to provide advance notice of quotas for the Atlantic commercial shark fishery and address any over- and/or underharvests that may have occurred in the Atlantic shark fishery during the 2008 fishing season.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1015. Amendment No. 5 will modify the CoC to incorporate certain high burnup pressurized water reactor (PWR) fuel as approved contents and to reflect those changes in the associated Technical Specifications (TS). In addition, the amendment to the CoC will include several other changes to the TS and the Final Safety Analysis Report (FSAR) to enhance the loading and storage operation of the NAC-UMS Universal Storage System.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge at mile 6.7, across Jamaica Bay, at New York City, New York. Under this temporary deviation the Beach Channel Railroad Bridge may remain in the closed position for three weekends in November. This deviation is necessary to facilitate bridge track repairs.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge across the Hackensack River, mile 3.1, at Jersey City, New Jersey. Under this temporary deviation the bridge may remain in the closed position for one day to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.

This action corrects reference errors that appeared in a final rule the FAA published in the Federal Register on August 25, 2006. The final rule amended commercial space transportation regulations governing the launch of expendable launch vehicles. In that final rule, the FAA inadvertently referenced incorrect sections. The intent of this action is to correct this minor error in the regulation to ensure the requirement is clear and accurate.

This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Specifically, this final rule conforms these pet ownership requirements to the requirements for animals assisting persons with disabilities in HUD's public housing programs, other than housing projects for the elderly or persons with disabilities. This final rule follows publication of an October 15, 2007, proposed rule, and takes into consideration the public comments received on the proposed rule. In response to one comment, HUD has made a nonsubstantive change to the proposed rule. Specifically, consistent with the phrasing used in HUD's public housing pet ownership regulations, this final rule amends the assisted housing regulations to refer to ``animals that assist, support, or provide service to persons with disabilities.''

The Audio Division, at the request of Radio Beam, LLC, allots FM Channel 229C2 at Waldport, Oregon, as a second local service. Channel 229C2 can be allotted at Waldport, Oregon, in compliance with the Commission's minimum distance separation requirements without site restriction at the center city reference coordinates: 44-25-37 North Latitude and 124-04-02 West Longitude.

In this rulemaking, the Veterans' Employment and Training Service (VETS) is correcting and consolidating the text in parts A and B of the appendix to 20 CFR part 1002 (``Notice of Your Rights Under USERRA''). VETS published the appendix on March 10, 2005 in response to the Veterans Benefits Improvement Act of 2004 (VBIA). The VBIA amended the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by requiring employers to notify affected employees of the rights, benefits, and obligations of employees and employers under USERRA. As published, the text of the required USERRA rights notice included information about a temporary demonstration project established under the VBIA that called for VETS to transfer to the Office of Special Counsel some claims brought against Federal executive agencies. The demonstration project ended on December 31, 2007. This rulemaking is therefore deleting this outdated reference from the text of the USERRA rights notice. In addition, this rulemaking is consolidating the text in parts A and B of the required USERRA rights notice to eliminate the need for separate notices for Federal and non- Federal agency employers. This rulemaking does not require employers to replace the notices currently in use because, even without this correction and consolidation, the current notices comply with the USERRA employee-notification requirements.

The Coast Guard proposes to establish a temporary security zone encompassing certain waters of the Potomac and Anacostia Rivers in order to safeguard high-ranking government officials and the public-at- large before, during, and after scheduled activities associated with the 2009 Presidential Inauguration. This security zone will be in effect between January 14, 2009 and January 25, 2009.

EPA is approving an application from the Fort Peck Assiniboine and Sioux Tribes in Montana under section 1425 of the Safe Drinking Water Act (SDWA) to implement an underground injection control (UIC) program for Class II (oil and gas-related) injection wells. EPA is also revising regulations that are not specific to the Fort Peck Tribes' application.

Pursuant to section 215 of the Federal Power Act (FPA), the Commission approves the Nuclear Plant Interface Coordination Reliability Standard developed by the North American Electric Reliability Corporation (NERC). In addition, pursuant to section 215(d)(5) of the FPA, the Commission directs NERC to develop a modification to the Reliability Standard to address a specific concern. The Reliability Standard requires a nuclear plant generator operator and its suppliers of back-up power and related transmission and/or distribution services to coordinate concerning nuclear licensing requirements for safe nuclear plant operation and shutdown and system operating limits. The Commission also approves four related definitions for addition to the NERC Glossary of Terms, and directs various changes to proposed violation risk factors, which measure the potential impact of violations of the Reliability Standard on the reliability of the Bulk-Power System.

This document corrects the preamble to a proposed rule published in the Federal Register of October 10, 2008, regarding the National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins (Epichlorohydrin Elastomers Production, HypalonTM Production, Nitrile Butadiene Rubber Production, Polybutadiene Rubber Production, and Styrene Butadiene Rubber and Latex Production); Marine Vessel Loading Operations; Mineral Wool Production; Pharmaceuticals Production; and Printing and Publishing Industry. This correction clarifies the date of the public hearing (if a public hearing is requested).

EPA is proposing to approve one state implementation plan (SIP) revision, and to approve in part and to disapprove in part a second SIP revision, submitted by the California Air Resources Board to provide for attainment of the one-hour ozone standard and maintenance of the nitrogen dioxide standard in the Los Angeles-South Coast Air Basin. The two SIP revisions include the 2003 State Strategy and the 2003 South Coast SIP, both of which were submitted on January 9, 2004. With respect to the 2003 State Strategy, EPA is proposing to approve the commitment by the State to develop and propose near-term defined measures sufficient to achieve specific emissions reductions in the South Coast and to continue implementation of an existing measure. With respect to the 2003 South Coast SIP, EPA is proposing to approve certain elements, and to disapprove other elements. The plan elements that are proposed for disapproval are not required under the Clean Air Act because they represent revisions to previously-approved SIP elements, and thus, the disapprovals will not affect the requirements for the State to have an approved SIP for these SIP elements. Therefore, the disapprovals, if finalized, would not trigger sanctions clocks nor EPA's obligation to promulgate a Federal implementation plan. EPA is proposing these actions under provisions of the Clean Air Act regarding EPA action on SIP submittals and plan requirements for nonattainment areas.

The Audio Division grants a Petition for Rule Making issued at the request of Oregon Radio Partners, proposing the allotments of Channel 290A at Butte Falls, Oregon and Channel 232C3 at Netarts, Oregon, as first local services. Channel 290A at Butte Falls can be allotted, consistent with the minimum distance separation requirements of the Commission's Rules, at reference coordinates 42-36-19 NL and 122-24-38 WL with a site restriction of 14.7 kilometers (9.1 miles) northeast of Butte Falls. Moreover, Channel 232C3 can be allotted to Netarts, consistent with the minimum distance separation requirements of the Commission's Rules, at reference coordinates 45-27-56 NL and 123-58-11 WL with a site restriction of 4 kilometers (2.5 miles) northwest of Netarts. The coordinates for Channel 232C3 at Netarts are located 320 kilometers from the Canadian border. As such, Canadian concurrence has been requested. Canada has approved the allotment, not specially negotiated, on Channel 232B1, the international class for this vacant facility. See Supplementary Information, supra.

This document informs owners and operators of facilities located within Captain of the Port Zone Port Arthur that the date by which they must implement access control procedures utilizing TWIC has been extended to no later than April 14, 2009. This extension is due to the disruption in enrollment capacity caused by Hurricane Ike.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) of the Navy has determined that USS GEORGE H. W. BUSH (CVN 77) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Sacramento Valley tiger beetle (Cicindela hirticollis abrupta) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing the Sacramento Valley tiger beetle may be warranted. Therefore, we will not be initiating a further status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Sacramento Valley tiger beetle or its habitat at any time.