2008 – Federal Register Recent Federal Regulation Documents

This document contains a correction to the final regulations, which were published in the Federal Register of Thursday, November 15, 2007 (72 FR 64155). The regulations allowed agencies to make new Federal records schedules and certain existing approved records schedules applicable to series of records regardless of the medium in which the records are created and maintained.

This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``National Study of the Hospital Adverse Event Reporting Follow-Up Survey.'' In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506()(2)(A), AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on July 24th, 2008 and allowed 60 days for public comment. No comments were received. The purpose of this notice is to allow an additional 30 days for public comment. Changes were made to this 30 day notice to account for the electronic patient records review which were not accounted for in the 60 day notice.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Advance Notification Form: Tourist and Other Non-Governmental Activities in the Antarctic Treaty Area. OMB Control Number: 1405-0181. Type of Request: Revision. Originating Office: Office of Oceans Affairs, Bureau of Oceans, Environment and Science (OES/OA). Form Number: DS-4131. Respondents: Operators of Antarctic expeditions organized in or proceeding from the United States. Estimated Number of Respondents: 22. Estimated Number of Responses: 22. Average Hours Per Response: 10.5 hours. Total Estimated Burden: 231 hours. Frequency: On occasion. Obligation to Respond: Mandatory.

This interpretation by the Commodity Futures Trading Commission (``Commission'') is issued to clarify the appropriate treatment under the commodity broker provisions of the Bankruptcy Code and Part 190 of the Commission's Regulations of claims arising from contracts (``cleared-only contracts'') that, although not executed or traded on a Designated Contract Market or a Derivatives Transaction Execution Facility, are subsequently submitted for clearing through a Futures Commission Merchant (``FCM'') to a Derivatives Clearing Organization (``DCO'').

The Department of Commerce (the ``Department'') has determined that countervailable subsidies are being provided to producers and exporters of lightweight thermal paper (``LWTP'') from the People's Republic of China (``PRC''). For information on the estimated countervailing duty rates, please see the ``Suspension of Liquidation'' section, below.

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 in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Slip Op. 07-85 (May 24, 2007) (Gerber v. United States II). See Results of Redetermination Pursuant to Remand, dated September 18, 2007 (found at https://ia.ita.doc.gov/remands); and Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Slip Op. 08-97 (September 16, 2008) (Gerber v. United States III). 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 the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) covering the period of review (POR) of February 1, 2001, through January 31, 2002. See Notice of Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review of Certain Preserved Mushrooms From the People's Republic of China, 68 FR 41304 (July 11, 2003) (Final Results).

The Department of Commerce (the Department) has received two requests for new shipper reviews of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). See Notice of Antidumping Duty order: Certain Preserved Mushrooms from the People's Republic of China, 64 FR 8310 (February 19, 1999). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Tariff Act), and 19 CFR 351.214(d) (2008), we are initiating antidumping duty new shipper reviews of Zhejiang Iceman Group Co., Ltd. (Zhejiang Iceman) and Zhangzhou Gangchang Foods Co., Ltd. (Zhangzhou Gangchang). The period of review (POR) of these new shipper reviews is February 1, 2008, through July 31, 2008.

The FAA proposes to rule and invites public comment on the abandonment of the Tatum Airport, Tatum, NM, under provisions of Title 49, U.S.C. Section 47107(h) and to release the State of New Mexico as airport sponsor from the Airport Improvement Program Grant Agreement Grant Assurances, and to change forever the lands of the Tatum Airport from aeronautical to non-aeronautical use. The State of New Mexico will transfer Tatum's grant obligations associated with AIP Grant Number 3- 35-0044-001-2002 obligations to Navajo Lake Airport, Navajo Dam NM by investing the grant funds of $27,362 for fencing at Tatum to a fencing project at Navajo Lake Airport.

This notice announces the availability of EPA's Responsiveness Summary Concerning EPA's June 26, 2008 Public Notice of Final Decisions to Add Waters and Pollutants to Arkansas' 2008 Section 303(d) List. On June 26, 2008, EPA published a notice in the Federal Register at Volume 73, Number 124, page 36319 providing the public the opportunity to review its final decisions to add waters and pollutants to Arkansas' 2008 Section 303(d) List as required by EPA's Public Participation regulations (40 CFR Part 25). Based on the Responsiveness Summary, EPA has decided to remove six waterbody-pollutant combinations identified in EPA's Final Action on Arkansas' 2008 Section 303(d) list based on additional information provided by the Arkansas Department of Environmental Quality (ADEQ). Furthermore, EPA is delisting five waterbody-pollutant combinations previously approved by EPA on June 18, 2008 based on information provided by GBMc & Associates. EPA is also adding one new waterbody-pollutant combination, Bayou DeView and aluminum, based on information provided by ADEQ. Therefore, EPA has revised its decision to disapprove Arkansas' decisions not to list 67 waterbody-pollutant combinations instead of the 73 waterbody-pollutant combinations proposed in EPA's Record of Decision for the 2008 Section 303(d) List. With the addition of Bayou DeView, EPA is adding 68 waterbody-pollutant combinations. A listing of these 68 waterbody- pollutant combinations along with priority rankings for inclusion on the 2008 Section 303(d) List can be found in Tables 2 and 4 of EPA's Responsiveness Summary. A listing of the five waterbody-pollutant combinations EPA is delisting can be found in Table 3 of EPA's Responsiveness Summary.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR that is abstracted below describes the nature of the collection and the estimated burden and cost.

This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1785-DR), dated August 24, 2008, and related determinations.

EPA is announcing a 30-day public comment period for the draft document titled, ``BASINS 4.0 Climate Assessment Tool (CAT): Supporting Documentation and Users Manual'' (EPA/600/R-08/088). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. The Office of Research and Development, in partnership with EPA's Office of Water, recently developed a Climate Assessment Tool (CAT) for the Office of Water's BASINS 4.0 watershed modeling system. BASINS CAT provides a flexible set of capabilities for creating user-defined climate change scenarios for assessing the influence of climate variability and change on water quantity and quality using the Hydrologic Simulation ProgramFORTRAN (HSPF) watershed model. This report provides documentation and technical user support including a discussion of tool capabilities with hands-on tutorials demonstrating the application of BASINS CAT to a range of problems. BASINS 4.0 (with the BASINS CAT) can be downloaded from EPA's BASINS Web site at https:// www.epa.gov/waterscience/basins/b3webdwn.htm. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent, and should not be construed to represent, any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Ohio which allows the State to discontinue the vehicle inspection and maintenance (I/M) program in the Cincinnati- Hamilton and Dayton-Springfield areas, also known as the E-Check program. The revision specifically requests that the E-Check program regulations be moved from the active control measures portion of the SIP to the contingency measures portion of the Cincinnati-Hamilton and Dayton-Springfield ozone maintenance plans. The Ohio Environmental Protection Agency (Ohio EPA) submitted this request on April 4, 2005, and supplemented it on May 20, 2005, February 14, 2006, May 9, 2006, October 6, 2006, and February 19, 2008. EPA is approving Ohio's request because the State has demonstrated that discontinuing the I/M program in the Cincinnati-Hamilton and Dayton-Springfield areas will not interfere with the attainment and maintenance of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and the fine particulate NAAQS or with the attainment and maintenance of other air quality standards.

The Nuclear Regulatory Commission (NRC) is correcting a final rule that appeared in the Federal Register on September 10, 2008 (73 FR 52729). The final rule amended NRC's regulations to incorporate by reference the 2004 Edition of Section III, Division 1, and Section XI, Division 1, of the American Society of mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code), and the 2004 Edition of the ASME Code for Operation and maintenance of Nuclear Power plants (OM Code) to provide updated rules for constructing and inspecting components and testing pumps, valves, and dynamic restraints (snubbers) in light-water nuclear power plants. The final rule also incorporated by reference ASME Code Cases N-722 and N-729-1.

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on July 7, 2008. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 74 Material Control and Accounting of Special Nuclear Material. 3. Current OMB approval number: 3150-0123. 4. The form number if applicable: Not applicable. 5. How often the collection is required: Submission is a one-time requirement which has been completed by all current licensees. However, licensees may submit amendments or revisions to the plans as necessary. In addition, specified inventory and material status reports are required annually or semi-annually. Other reports are submitted as events occur. 6. Who is required or asked to report: Persons licensed under 10 CFR 70 who possess and use certain forms and quantities of Special Nuclear Material (SNM). 7. An estimate of the number of annual responses: 21. 8. The estimated number of annual respondents: 19. 9. An estimate of the total number of hours needed annually to complete the requirement or request: An annual total of 8,589 hours (989 hours for reporting and 7,600 hours for recordkeeping). The average annual burden per respondent for reporting is 47 hours. The average annual burden per recordkeeping for the 110 record keepers is 61 hours. 10. Abstract: 10 CFR Part 74 establishes requirements for material control and accounting of SNM, and specific performance-based regulations for licensees authorized to possess, use and produce strategic special nuclear material, and special nuclear material of moderate strategic significance and low strategic significance. The information is used by the NRC to make licensing and regulatory determinations concerning material control and accounting of special nuclear material and to satisfy obligations of the United States to the International Atomic Energy Agency (IAEA). Submission or retention of the information is mandatory for persons subject to the requirements. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC World Wide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by November 3, 2008. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Nathan J. Frey, Office of Information and Regulatory Affairs (3150- 0123), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan_J._Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Russell Nichols, (301) 415-6874.

This final rule amends certain parts of the natural resource damage assessment regulations for hazardous substances. The regulations provide procedures that natural resource trustees may use to evaluate the need for and means of restoring, replacing, or acquiring the equivalent of public natural resources that are injured or destroyed as a result of releases of hazardous substances. The Department of the Interior has previously developed two types of natural resource damage assessment regulations: Standard procedures for simplified assessments requiring minimal field observation (the Type A Rule); and site- specific procedures for detailed assessments in individual cases (the Type B Rule). This final rule revises the Type B Rule to emphasize resource restoration over economic damages. It also responds to two court decisions addressing the regulations: State of Ohio v. U.S. Department of the Interior, 880 F.2d 432 (DC Cir. 1989) (Ohio v. Interior); and Kennecott Utah Copper Corp. v. U.S. Department of the Interior, 88 F.3d 1191 (DC Cir. 1996) (Kennecott v. Interior), and includes a technical revision to resolve an apparent inconsistency in the timing provisions for the assessment process set out in the rule.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, the U.S. Army Corps of Engineers (USACE) and the State of Hawaii Department of Land and Natural Resources (DLNR) gives notice that an Environmental Impact Statement is being prepared for the Ala Wai Canal Project, City and County of Honolulu, HI. This effort is a multi-purpose project being proposed under Section 209 of the Flood Control Act of 1962 (Pub. L. 87-874) and will incorporate both flood hazard reduction and ecosystem restoration components into a single, comprehensive strategy.

The Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for the Mississippi River-Gulf Outlet (MRGO) Ecosystem Restoration Feasibility Study within the Middle and Lower Pontchartrain Basin and areas of southern Mississippi. The Corps will evaluate a full range of comprehensive restoration measures to restore important estuarine components and ecosystem processes within the areas affected by the MRGO navigation channel and assess the impacts associated with implementing the plan. The MRGO was authorized by Congress in 1956 as a Federal navigation channel to provide a direct route between the Port of New Orleans and the Gulf of Mexico. Construction began in 1958 and was completed in 1968 to authorized dimensions (36-foot depth by 500-foot width: 38-foot depth by 600-foot bottom width in Bar Channel). Construction of the MRGO channel created a direct deep water link between the Inner Harbor Navigation Canal and the Gulf of Mexico allowing higher salinity waters to enter Lake Borgne and Lake Pontchartrain estuaries. Construction resulted in direct wetland losses, damages to the Bayou LaLoutre Ridge and alteration of the adjacent landscape and hydrology by placement of dredge material adjacent to the channel in upland confined disposal facilities. Since Hurricane Katrina made landfall in 2005, the MRGO navigation channel has not been maintained. A June closure plan and accompanying Legislative EIS and Record of Decision titled ``Integrated Final Report to Congress and Legislative Environmental Impact Statement for the Mississippi River-Gulf Outlet Deep-Draft De-Authorization Study'' was signed on June 5, 2008, officially deauthorizing the MRGO navigation channel (from the Gulf of Mexico to Mile 60 at the southern bank of the Gulf Intracoastal Waterway) and authorizing construction of a closure structure at the south ridge of Bayou LaLoutre in St. Bernard Parish, Louisiana and development of plan to restore the areas affected by the MRGO Navigation channel.