November 2008 – Federal Register Recent Federal Regulation Documents

By notice of proposed rulemaking (NPRM) published on September 9, 2008 (73 FR 52496), FRA proposed revisions to its regulations governing railroad accident/incident recording and reporting. This document announces a public hearing to provide interested parties the opportunity to comment on the NPRM and announces a thirty (30) day extension of the comment period, which closed November 10, 2008, to commence on the date of the public hearing. This extension provides interested parties the opportunity to comment on the NPRM and to respond to matters that arise at the public hearing related to the NPRM.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Long Angeles, has completed a Final Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report (SEIS/SEIR) for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act to build a new crude oil marine terminal at Berth 408 on Pier 400 including: construction of a new marine terminal to receive crude oil from marine vessels and transfer the oil to tank farms facilities via a new 42-inch-diameter, high-volume pipeline; construction of two tank farms, Tank Farm Site 1 located on Pier 400 and Tank Farm Site 2 located on Pier 300 at Seaside Avenue/Terminal Way; construction of new pipelines to connect the new tank farm facilities to existing pipeline facilities, with the new tank farm facilities connected to the existing ExxonMobil Southwest Terminal on Terminal Island, the existing Ultramar/Valero Refinery on Anaheim Street near the Terminal Island Freeway, and to Plains All American pipeline systems near Henry Ford Avenue and Alameda Street via new and existing 36-inch, 24-inch, and 16-inch pipelines, and with all new pipelines installed belowground, with the exception of the water crossings at the Pier 400 causeway bridge and at the Valero utility/ pipe bridge that crosses the Dominguez Channel west of the Ultramar/ Valero Refinery. The new tank farm facilities would provide a total of 4.0 million barrels (bbl) of capacity, primarily receiving crude oil, partially refined crude oil, and occasional deliveries of Marine Gas Oil (MGO).

Under the National Voluntary Laboratory Accreditation Program (NVLAP) the National Institute of Standards and Technology (NIST) announces the establishment of a laboratory accreditation program and the availability of applications for accreditation of laboratories that perform biometric testing including interoperability, performance, and conformance testing using internationally recognized standards developed by the American National Standards Institute (ANSI), NIST, and by the International Committee for Information Technology Standards (INCITS). Additional standards may be identified throughout the development of the accreditation program technical requirements.

The Enforcement Bureau (the ``Bureau'') debars Mr. Joseph E. Mello from the schools and libraries universal service support mechanism (or ``E-Rate Program'') for a period of three years. The Bureau takes this action to protect the E-Rate Program from waste, fraud and abuse.

In accordance with the Federal Advisory Committee Act, this notice announces a meeting of Advisory Panel on Medicare Education (the Panel). The Panel advises and makes recommendations to the Secretary of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services on the effectiveness of consumer education strategies concerning the Medicare program. This meeting is open to the public.

In accordance with the National Environmental Policy Act of 1969, the Energy Policy Act of 2005 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) announces the availability of the Approved Resource Management Plan Amendments/ Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming (PRMP Amendments) and Final Programmatic Environmental Impact Statement (FPEIS). ADDRESSES: The document will be available electronically on the following Web site: https://ostseis.anl.gov. Copies of the Record of Decision (ROD) are available for public inspection at the following BLM Office locations: Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215. Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, UT 84101. Wyoming State Office, 5353 Yellowstone, Cheyenne, WY 82009. Vernal Field Office, 170 South 500 East, Vernal, UT 84078. Price Field Office, 125 South 600 West, Price, UT 84501. Richfield Field Office, 150 East 900 North, Richfield, UT 84701. Monticello Field Office, 435 North Main, P.O. Box 7, Monticello, UT 84535. White River Field Office, 220 E. Market Street, Meeker, CO 81641. Glenwood Springs Field Office, 2425 S. Grand Ave., Suite 101, Glenwood Springs, CO 81601. Grand Junction Field Office, 2815 H Road, Grand Junction, CO 81506. Kemmerer Field Office, 312 Highway 189 North, Kemmerer, WY 83101. Rawlins Field Office, at 1300 North Third, PO Box 2407, Rawlins, WY 82301. Rock Springs Field Office, 280 Highway 191 North, Rock Springs, WY 82901.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to various proposed highway projects in the State of Texas. Those actions grant licenses, permits, and approvals for the projects.

Under the Federal Advisory Committee Act, Pub. L. 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this teleconference is to discuss and approve draft NACEPT recommendations on EPA's Draft Biofuels Strategy and the 2009-2014 EPA Strategic Plan Change Document. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal-nacept.htm.

The Federal Emergency Management Agency, 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 a continuing information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Emergency Management Institute Residential Course Evaluation Form, which is used to evaluate the quality of course deliveries, facilities, and instructors at the Emergency Management Institute (EMI).

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving amendments to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposed revisions to its 2006 Revegetation Success Guidelines, Normal Husbandry Practices, and State Regulations. Kansas intends to revise its program to improve operational efficiency.

The Pension Benefit Guaranty Corporation (``PBGC'') intends to request that the Office of Management and Budget (``OMB'') extend approval, under the Paperwork Reduction Act, of a collection of information that is not contained in a regulation (OMB control number 1212-0030; expires March 31, 2009). This voluntary collection of information is a quarterly survey of insurance company rates for pricing annuity contracts. The American Council of Life Insurers conducts this survey for PBGC. This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

The United States Mint is setting prices for the Martin Van Buren First Spouse Gold Proof and Uncirculated Coins. Pursuant to 31 U.S.C. 5112(o), and in accordance with 31 U.S.C. 9701(b)(2)(B), the United States Mint is setting the price of these coins to reflect the market price of gold. These prices are consistent with recently re-priced, previously introduced 2008 First Spouse Gold Coins. Effective November 25, 2008, the United States Mint will commence selling Van Buren First Spouse Gold Proof and Uncirculated Gold Coins according to the following price schedule:

EPA is proposing an exemption to the phaseout of methyl bromide to meet the needs of 2009 critical uses. Specifically, EPA is proposing uses that qualify for the 2009 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2009. EPA is taking action under the authority of the Clean Air Act to reflect a recent consensus decision taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Nineteenth Meeting of the Parties. EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.

On September 16, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand, whereby the Department, in accordance with the CIT's instructions: (1) recalculated the assessment rate for Gerber Food (Yunnan) Co., Ltd. (Gerber) using a rate other than the PRC-wide rate as partial adverse facts available (AFA) with respect to certain period of review (POR) sales of subject merchandise produced by Gerber for which the customs entry documentation identified Green Fresh (Zhangzhou) Co., Ltd. (Green Fresh) as the exporter; and (2) recalculated the assessment rate for Green Fresh based on the data it reported, exclusive of the aforementioned transactions, without resorting to facts available or adverse inferences. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2001-2002 administrative review of certain preserved mushrooms from the People's Republic of China (PRC).

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition ``Carvers and Collectors: The Lasting Allure of Ancient Gems,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Getty Villa, Malibu, CA, from on or about March 19, 2009, until on or about September 7, 2009, at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

The Advisory Committee on Historical Diplomatic Documentation will meet in the Department of State, 2201 ``C'' Street, NW., Washington, DC, December 10, 2008, in Conference Room 1105 and December 11, 2008, in Conference Room 1107. Prior notification and a valid government-issued photo ID (such as driver's license, passport, U.S. government or military ID) are required for entrance into the building. Members of the public planning to attend must notify Nathaniel Smith, Office of the Historian (202-663-3268) no later than December 1, 2008, to provide date of birth, valid government-issued photo identification number and type (such as driver's license number/state, passport number/country, or U.S. government ID number/agency or military ID number/branch), and relevant telephone numbers. If you cannot provide one of the enumerated forms of ID, please consult with Nathaniel Smith for acceptable alternative forms of picture identification. The Committee will meet in open session from 1:30 p.m. through 2:30 p.m. on Wednesday, December 10, 2008, in the Department of State, 2201 ``C'' Street, NW., Washington, DC, in Conference Room 1105, to discuss declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the Foreign Relations series. The remainder of the Committee's sessions from 2:45 p.m. until 4:30 p.m. on Wednesday, December 10, 2008, and 9 a.m. until 12 p.m. on Thursday, December 11, 2008, in Conference Room 1107 will be closed in accordance with Section 10(d) of the Federal Advisory Committee Act (Pub. L. 92-463). The agenda calls for discussions of agency declassification decisions concerning the Foreign Relations series and other declassification issues. These are matters not subject to public disclosure under 5 U.S.C. 552b(c)(1) and the public interest requires that such activities be withheld from disclosure. Questions concerning the meeting should be directed to Marc J. Susser, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20520, telephone (202) 663-1123, e-mail history@state.gov.

The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will meet Wednesday, December 17, 2008, from 8:30 a.m. to 5 p.m. and Thursday, December 18, 2008, from 8:30 a.m. to 4:30 p.m. The primary purpose of this meeting is to have an overview of the Pacific Earthquake Engineering Research (PEER) Center and have roundtable discussions on social sciences and lifelines. The agenda may change to accommodate Committee business. The final agenda will be posted on the NEHRP Web site at https://nehrp.gov/.