November 21, 2008 – Federal Register Recent Federal Regulation Documents

On November 5, 2008, the United States Court of International Trade (``CIT'') sustained the remand redetermination issued by the Department of Commerce (the ``Department'') pursuant to the CIT's remand order in the final results of the administrative review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC''). See Laizhou Auto Brake Equipment Co., et al. v. United States, Court No. 06-00430, Slip Op. 08-120 (CIT November 5, 2008) (``Laizhou II''). This case arises out of the Department's Final Results for the period of review (``POR'') April 1, 2005 through May 31, 2006. See Brake Rotors from the People's Republic of China: Final Results and Partial Rescission of the 2004/2005 Administrative Review and Notice of Rescission of 2004/2005 New Shipper Review, 71 FR 66304 (November 14, 2006) (``Final Results''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that Laizhou II is not in harmony with the Department's Final Results.

FMCSA announces that the Motor Carrier Safety Advisory Committee (MCSAC) will hold committee meetings on December 1, 2008, and December 10, 2008. The meetings are open to the public.

This final rule designates three species of pelagic squid as management unit species, and establishes permitting and reporting requirements for squid jig fishing vessels over 50 ft (15.4 m) in length. These vessels will also be required to carry Federal observers if requested by NMFS. The final rule is intended to improve information on squid jig fisheries and their ecosystem impacts, and to provide a basis for future management of the fishery, if needed.

This final rule implements Amendment 13 to the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region (Crustacean FMP). The rule designates deepwater shrimp of the genus Heterocarpus as management unit species (MUS), and requires Federal permits and data reporting for deepwater shrimp fishing in Federal waters of the western Pacific. The final rule is intended to improve information on deepwater shrimp fisheries and their ecosystem impacts, and to provide a basis for future management of the fisheries, if needed.

Notice is hereby given that NMFS has received applications for scientific research from the U.S. Fish and Wildlife Service (USFWS- Stockton) in Stockton, CA (13791), and from FISHBIO Environmental, LLC (FISHBIO) in Chico, CA (14092). Notice is also given that NMFS has received an application to modify a permit for scientific research from the Interagency Ecological Program (IEP), in Stockton, CA (1440). These permits would affect the federally endangered Sacramento River winter- run Chinook salmon and the threatened Central Valley spring-run Chinook salmon Evolutionarily Significant Units (ESUs), the federally threatened Central Valley steelhead Distinct Population Segment (DPS), and the federally threatened southern Distinct Population of North American green sturgeon (southern DPS of green sturgeon). Permit 1440 would also affect threatened Central California Coast steelhead. This document serves to notify the public of the availability of the permit applications for review and comment.

The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval (with modifications), under the Paperwork Reduction Act, of the collection of information under Part 4043 of its regulations relating to Notice of Failure to Make Required Contributions (OMB control number 1212-0041; expires February 28, 2009). This notice informs the public of the PBGC's intent and solicits public comment on the collection of information.

EPA is convening a public meeting to engage interested stakeholders in a public dialogue about the development of two enhancements to the Agency's Chemical Assessment and Management Program (ChAMP): The Toxic Substances Control Act (TSCA) Chemical Substance Inventory Reset (Inventory Reset) and the Inorganic High Production Volume (IHPV) Challenge programs.

Because EPA received comment, we are withdrawing the direct final rule for extension of the Cross-Media Electronic Reporting Rule (CROMERR) deadline for authorized programs (states, tribes, or local governments) with existing electronic document receiving systems to submit applications for EPA approval under CROMERR, published on October 17, 2008.

NMFS is announcing the termination of the revised and expanded Northern Temporary Paralytic Shellfish Poison (PSP) Closure Area, which became effective on July 2, 2008, and the return of the Northern and Southern Temporary PSP Closure Areas to their boundaries, previously implemented on January 1, 2008, and effective through December 31, 2008. Thus, the effect of this notice will be to partially reopen a large area around Nantucket Island to the harvest of certain shellfish species. Regulations governing fishery closures in response to public health threats require concurrence with the Secretary of Health and Human Services prior to any NMFS action on behalf of the Secretary of Commerce (Secretary).

The Department of Education (Department) gives notice that, on August 28, 2008, an arbitration panel rendered a decision in the matter of Teresa Alcorn v. Kentucky Office for the Blind, Case no. R-S/07-3. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Teresa Alcorn.

NMFS is opening directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2008 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.

The EPA issued a direct final rule on October 6, 2008, entitled, ``The Treatment of Data Influenced by Exceptional Events (Exceptional Events Rule): Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for Monitoring Data Used in Designations for the 2008 Ozone NAAQS.'' This document makes a minor correction to the Exceptional Events Rule to correct typographical errors in the technical notation of the ozone standard contained in the preamble and regulatory text for the rule.

The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the Des Moines office of the Federal Reserve Bank of Chicago and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Chicago. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.

EPA expressed environmental concerns about water quality and stormwater impacts and the mitigation of those impacts. Rating EC2. EIS No. 20080331, ERP No. D-NOA-L91032-00, Proposed Acceptable Biological Catch (ABC) and Optimum Yield (OY) Specifications and Management Measures for the 2009-2010 Pacific Coast Groundfish Fishery Management Plan, Implementation, WA, OR and CA.

Pursuant to 5 U.S.C. App., the Agricultural Research Service is requesting nominations for qualified persons to serve as members of the Secretary's Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The charge for the AC21 is two-fold: to examine the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA; and to provide guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture.

The United States Department of Energy (DOE or Department), acting through the Western Area Power Administration (Western), a power marketing administration within the Department, is seeking Statements of Interest (SOIs) from entities that are interested in providing contributed funds for Western's participation in the upgrade of Western's existing transmission facilities or the construction of new transmission line projects in the states in which Western operates. The purpose of the request for SOIs is to identify potential projects which would facilitate the transmission of wind generation or other renewable generation sources to load centers under the authority granted the Secretary of Energy in section 1222 of the Energy Policy Act of 2005 (EPAct05) (Pub. L. 109-58; 119 Stat. 952).

The United States Department of Energy (DOE or Department) acting through the Southwestern Power Administration (Southwestern), a power marketing administration within the Department, is seeking Statements of Interest (SOIs) from entities that are interested in providing contributed funds for Southwestern's participation in the upgrade of Southwestern's existing transmission facilities or the construction of new transmission line projects in the states in which Southwestern operates. The purpose of the request for SOIs is to identify potential projects which would facilitate the transmission of wind generation or other renewable generation sources to load centers under the authority granted the Secretary of Energy in section 1222 of the Energy Policy Act of 2005 (EPAct05) (Pub. L. 109-58; 119 Stat. 952).

The U. S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by adding the MAGNASTOR System to the list of ``Approved Spent Fuel Storage Casks.'' This proposed rule would allow the holders of power reactor operating licenses to store spent fuel in the MAGNASTOR System under a general license.