November 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD), Mojave Desert Air Quality Management District (MDAQMD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound emissions from storage of reactive organic compound liquids, polyester resin operations, coatings of metal parts and products, and adhesives and sealants. We are proposing to approve local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

Notice is hereby given that renewal of an exemption to the Land Disposal Restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act has been granted to Occidental Chemical Corporation (Occidental) for five Class I hazardous waste injection wells, identified as Well Nos. 3, 4, 7, 8, and 9, and located at Occidental's chemical manufacturing facility near Wichita, Kansas. As required by Code of Federal Regulations (CFR) Part 148, Occidental has satisfactorily demonstrated to the Environmental Protection Agency by petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous, and therefore is protective of underground sources of drinking water. This time period is defined by 40 CFR 148.20 as 10,000 years. The final decision allows the underground injection by Occidental of the specific restricted hazardous waste, identified in the Petition, into Well Numbers 3, 4, 7, 8, and 9 for as long as the basis for granting approval of the petition remains valid, under provisions of 40 CFR 148.24. For the purpose of the required demonstration of no-migration of hazardous waste out of the injection zone over a 10,000 year period, modeling and projections were based on an operational lifetime projection date of December 31, 2020. Therefore, on or by the closing date of the aforementioned operational period, the operator will be required to obtain another exemption re- issuance from EPA. Included in this approval is the stipulation that Occidental acquires and continues to maintain approved Class I hazardous waste injection well permits from the Kansas Department of Health and Environment. As required by 40 CFR 124.10, a public notice was issued on July 21, 2008. In addition to having solicited written comments regarding the Agency's proposed approval, EPA also announced that a formal public hearing would be held if there was a significant degree of public interest, but no interest was expressed, hence no formal public hearing was conducted. The public comment period ended on September 3, 2008. All comments have been addressed and considered in the final decision. This decision constitutes final Agency action and there is no administrative appeal process that can be applied to a final petition decision.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the National Park Service (NPS) is announcing its intent to prepare a General Management Plan/ Environmental Impact Statement (GMP/EIS) for Mount Rushmore National Memorial (Memorial), South Dakota. This effort will update the 1980 GMP. The GMP/EIS will establish the overall direction for the Memorial, setting broad management goals for managing the area over the next 15 to 20 years. The GMP/EIS will prescribe desired resource conditions and visitor experiences that are to be achieved and maintained throughout the Memorial based on such factors as the Memorial's purpose, significance, special mandates, the body of laws and policies directing Memorial management, resource analysis, and the range of public expectations and concerns. The GMP/EIS also will outline the kinds of resource management activities, visitor activities, and developments that would be appropriate in the Memorial in the future. A range of reasonable alternatives for managing the Memorial will be developed through this planning process and will include, at a minimum, a no-action and a preferred alternative. Major issues the GMP/ EIS will address include changes in visitor use patterns and special events, adequacy and sustainability of existing facilities for visitor opportunities and activities and for Memorial operations, and partnership roles and opportunities. The need for new facilities such as maintenance, museum curation and storage, and interpretation will be examined. The GMP/EIS will evaluate the potential environmental effects of the alternative management approaches. As the first phase of the planning process, the NPS is beginning to scope the issues to be addressed in the GMP/EIS. All interested persons, organizations, Agencies, and Tribes are encouraged to submit comments and suggestions on issues and concerns that should be addressed in the GMP/EIS, and the range of appropriate alternatives that should be examined.

On October 1, 2008, the Department of Homeland Security (DHS) published a Notice in the Federal Register extending the designation of Nicaragua for Temporary Protected Status (TPS) through July 5, 2010. USCIS has decided to extend the re-registration period through December 30, 2008. Beneficiaries of TPS for Nicaragua are required to re- register and obtain new Employment Authorization Documents (EADs), when an EAD is requested by the beneficiary. Since, USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the January 5, 2009, expiration date, USCIS has decided to automatically extend the validity of EADs issued to Nicaraguan nationals (or aliens having no nationality who last habitually resided in Nicaragua) until July 5, 2009. This Notice announces that extension and also explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on November 5, 2008, that sets forth regulations that authorize measures to increase harvest of certain populations of light geese, revise the regulations for the management of overabundant light goose populations, and modify the conservation order that will increase take of birds from such populations. That final rule contained errors in two amendatory instructions and certain corresponding text of the regulations; one error would incorrectly remove changes made to the regulations at 50 CFR part 20 in a series of final rules we published concerning hunting methods for resident Canada geese and the other mischaracterizes the contents of subpart E of 50 CFR part 21. This document corrects those errors.

The Gulf of Mexico Fishery Management Council (Council) will convene scoping meetings to address loggerhead sea turtle interactions with reef fish bottom longlines.

This notice announces the availability of approximately $9.5 million in grant funds to make emergency capital repairs to eligible multifamily projects owned by private nonprofit entities that are designated for occupancy by elderly tenants. The capital repair needs must relate to items that present an immediate threat to the health, safety, and quality of life of the tenants. The intent of these grants is to provide one-time assistance for emergency items that could not be absorbed within the project's operating budget and other project resources, and where the tenants' continued occupancy in the immediate near future would be jeopardized by a delay in initiating the proposed cure. The notice provides instructions for owners of multifamily projects to request funding and instructions for the HUD field offices to process requests.

The U.S. Department of Agriculture (USDA) proposes to establish regulations to implement the Federal Policy on Research Misconduct applicable to extramural research. The proposed regulation defines research misconduct and establishes basic USDA requirements for the conduct of fair and timely investigations of alleged or suspected infractions. The proposed regulation also includes instructions on USDA administrative actions when research misconduct is found.

This notice proposes special conditions for General Electric Company (GE) GEnx-2B67 and GEnx-2B69 model turbofan engines. The fan blades of these engines will have novel or unusual design features when compared to the state of technology envisioned in the part 33 airworthiness standards. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the added safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards of 14 CFR part 33.

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).