2008 – Federal Register Recent Federal Regulation Documents

EPA is announcing a 30-day public comment period for the draft document titled, ``An Exposure Assessment of Polybrominated Diphenyl Ethers'' (EPA/600/R-08/086A). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. The document provides a comprehensive assessment of the exposure of Americans to polybrominated diphenyl ethers, PBDEs, a class of brominated flame retardants. It includes chapters on use and production of PBDEs, environmental fate, environmental and exposure media concentrations, and an exposure assessment including background exposures and exposures to special populations. 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.

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Iranian Transactions Regulations to expand the scope of Appendix A to Part 560 to include non-financial as well as financial institutions determined to be owned or controlled by the Government of Iran, and to add to the appendix three non-financial institutions that have been determined to be owned or controlled by the Government of Iran: The National Iranian Oil Company (a.k.a. NIOC), Naftiran Intertrade Company Ltd (a.k.a. NICO), and Naftiran Intertrade Co. (NICO) Sarl.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collection of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.

This proposed rule establishes policy and assigns responsibilities for DSCA, supplements regulations regarding military support for civilian law enforcement, and sets forth policy guidance for the execution and oversight of DSCA when requested by civil authorities and approved by the appropriate DoD authority, or as directed by the President, within the United States, including the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States or any political subdivision thereof. Legislative changes over the years have made the existing guidance outdated and inconsistent with current law and the current organizational structure of the Department of Defense. This proposed rule will allow civil authorities access to the correct procedures when they are seeking assistance from the Department by establishing updated policy guidance and assigning the correct responsibilities within the Department for the Defense for support of civil authorities in response to requests for assistance for domestic emergencies, designated law enforcement support, special events, and other domestic activities. Interested persons are invited to submit comments on this proposed rule that will be considered prior to promulgation of the final rule.

This final rule amends amateur rocket regulations to preserve the level of safety associated with amateur rocketry and to reflect current industry practice. The new regulations update and align FAA regulations with widely used advances in the amateur rocket industry, specify the required information collected from operators of advanced amateur rocket launches, and define amateur rocket classifications. This action also corrects minor inconsistencies in the current rule.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on reclassification petitions for medical devices.

The Food and Drug Administration (FDA) is announcing the availability of a document entitled ``Guidance for Industry: Cooperative Manufacturing Arrangements for Licensed Biologics,'' dated November 2008. The guidance document provides information concerning cooperative manufacturing arrangements applicable to biological products subject to licensure under the U.S. Public Health Service Act (PHS Act). The guidance describes the licensing strategies for meeting the increased need for flexible manufacturing arrangements. The guidance announced in this notice finalizes the draft guidance of the same title.

The Food and Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) between FDA's Office of External Relations and WebMD, LLC. The purpose of the MOU is to extend the reach of FDA Consumer Health Information and to provide consumers with better information and timely content concerning public health and safety topics, including alerts of emerging safety issues and product recalls. Specific elements of the MOU include the creation of an FDA/WebMD online resource on the WebMD.com site, which will feature editorial and visual FDA Consumer Health Information, and the inclusion of FDA Consumer Health Information in at least three issues per year of WebMD The Magazine. An agency policy statement summarizing the criteria and processes for development of this type of collaboration is available on FDA's Web site at www.fda.gov/consumer/co_brandpolicy.html.

Applications are being sought for certain positions on the California Recreation Resource Advisory Committee. New members will be appointed by the Secretary of Agriculture and serve three-year terms. Appointments will begin July 2009 when current member appointments expire. One member is being sought to represent each of the following interests: (1) Winter Motorized Recreation, (2) Hunting and Fishing; and (3) Motorized Outfitting and Guiding or Local Environmental Groups. The public is invited to submit applications for these positions. Current members who have only served one term may reapply. Application packages can be obtained at https://www.fs.fed.us/passespermits/rrac- application.shtml or by e-mailing R5rrac@fs.fed.us. Interested parties may also contact Frances Enkoji, U.S. Forest Service, at 707-562-8846.

In April 2006 the Forest Service received a proposal from Western Pacific Timber LLC (WPT) in which a major exchange of land was proposed. The WPT proposal included approximately 40,000 acres of checkerboard land intermingled with the Clearwater National Forest near Powell, Idaho. These checkerboard lands are of interest to the Forest Service because they encompass the headwaters of the Lochsa River and hold outstanding values for many fish and wildlife species. The checkerboard lands also hold significant cultural resources including the Lewis and Clark National Historic Trail and Nez Perce Tribe treaty area. In September 2008 the Clearwater National Forest completed a feasibility analysis of the proposed exchange as a first level screen to review forest management plans, identify public benefit, identify availability of resources to complete the proposed exchange, identify title and property descriptions and identify potential support and opposition. The outcome of the feasibility analysis was a recommendation to enter into an Agreement to Initiate a land exchange with WPT. The agreement, signed by both parties in September, specifies the roles and responsibilities of each party involved in the exchange. In the proposed land exchange the Forest Service would acquire approximately 39,371 acres of land in the upper Lochsa River drainage in exchange for up to approximately 28,212 acres of National Forest System (NFS) land. It is anticipated that this is more than adequate federal acreage to complete an equal value land exchange. The NFS lands are located on the Clearwater, Nez Perce and Idaho Panhandle National Forests.

By letter dated June 12, 2008, Governor Timothy M. Kaine of Virginia requested that the U. S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the Commonwealth of Virginia (Commonwealth or Virginia) as authorized by Section 274 of the Atomic Energy Act of 1954, as amended (Act). Under the proposed Agreement, the Commission would relinquish, and the Commonwealth would assume, portions of the Commission's regulatory authority exercised within the Commonwealth. As required by the Act, the NRC is publishing the proposed Agreement for public comment. The NRC is also publishing the summary of an assessment by the NRC staff of the Commonwealth's regulatory program. Comments are requested on the proposed Agreement, especially its effect on public health and safety. Comments are also requested on the NRC staff assessment, the adequacy of the Commonwealth's program, and the Commonwealth's program staff, as discussed in this notice. The proposed Agreement would release (exempt) persons who possess or use certain radioactive materials in the Commonwealth from portions of the Commission's regulatory authority. The Act requires that the NRC publish those exemptions. Notice is hereby given that the pertinent exemptions have been previously published in the Federal Register and are codified in the Commission's regulations as 10 CFR Part 150.

The USDA, Forest Service, Plumas National Forest will prepare a revised EIS on a proposal to harvest dead trees on approximately 10,366 acres within the Moonlight Fire and Antelope Complex (includes Wheeler Fire) perimeters. The proposal also includes harvesting dead and dying hazard trees on 4,389 acres along National Forest System (NFS) roads in the Moonlight Fire perimeter. The Moonlight Fire and Antelope Complex burned about 88,000 acres between July and September 2007 on the Plumas National Forest.

The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (P&W) PW4052, PW4056, PW4060, PW4062, PW4152, PW4156A, PW4158, PW4460, and PW4462 turbofan engines. This AD requires a onetime visual inspection of all EEC-131 model electronic engine controls (EECs). This AD also requires the EECs to be identified, categorized by group number, marked, and replaced using a fleet management plan. This AD results from a report of an uncommanded engine in-flight shutdown due to defective EEC pulse width modulator (PWM) microcircuits. We are issuing this AD to prevent uncommanded in-flight engine shutdowns which could result in loss of thrust and prevent continued safe flight or landing.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for 12 species of Hawaiian picture-wing flies (Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. neoclavisetae, D. obatai, D. ochrobasis, D. substenoptera, and D. tarphytrichia) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 8,788 acres (ac) (3,556 hectares (ha)) fall within the boundaries of the final critical habitat designation. The critical habitat is located in four counties (City and County of Honolulu, Hawaii, Maui, and Kauai) in Hawaii.

The Manufacturing Council will hold a meeting via teleconference to deliberate for approval a proposed letter of recommendation regarding manufacturing priorities for the incoming Secretary.

The EPA is finalizing approval of rules for the control of NOX emissions into the Texas State Implementation Plan (SIP). Texas submitted this SIP revision to us on May 30, 2007 (May 30, 2007 SIP revision), and we proposed approval of the May 30, 2007 SIP revision on July 11, 2008. The May 30, 2007 SIP revision to the Texas SIP is a substantive and non-substantive recodification and reformatting of the NOX rules currently approved in the Texas SIP, and also includes a part of the Nitrogen Oxides (NOX ) reductions needed for the Dallas/Forth Worth (D/FW) area to attain the Federal 8-hour ozone National Ambient Air Quality Standard (NAAQS). Today's final rulemaking covers four separate actions. First, we are approving the repeal, from the Texas SIP, of the current Chapter 117 rules that correspond to the re-codified new rules and the revised and reformatted rules because the reformatted revision will better accommodate future additions/revisions to the rules. Second, we are approving revisions to the Texas SIP that add new controls for the D/FW major NOX point sources. We are not, however, taking action on the Texas rules for cement plants in this document. We proposed approval of the rules for cement plants in a separate Federal Register document. Third, we are approving revisions to the Texas SIP that add new controls for D/FW minor NOX sources. Fourth, we are approving revisions to the Texas SIP that add new controls for combustion sources in East Texas. These NOX reductions will assist the D/FW area to attain the 8-hour ozone NAAQS. We are approving all of these actions as meeting the requirements of section 110 and part D of the Federal Clean Air Act (the Act).

EPA is announcing that the comment period on the proposed rule for Performance Specification 17, ``Specifications and Test Procedures for Continuous Parameter Monitoring Systems at Stationary Sources'' and Procedure 4, ``Quality Assurance Requirements for Continuous Parameter Monitoring Systems at Stationary Sources'' published on October 9, 2008, is extended to February 5, 2009. This comment period extension also applies to the amendments proposed along with Performance Specification 17 and Procedure 4 for continuous parameter monitoring systems. EPA received requests for an extension to the comment period from the American Chemistry Council and the Coalition for Responsible Waste Incineration. The reason given for the request for the extension was the need for additional time to review the proposed rules and assess their impact on subject sources. Since the additional time is expected to afford commenters the ability to prepare and submit more comprehensive and detailed comments, EPA finds the requests for an extension of the comment period reasonable. One commenter also requested a 60-day extension to the deadline for requesting a public hearing on the proposed rule. No specific, compelling reason was provided for granting this request; therefore EPA finds the request for extending the deadline for requesting a public hearing on the proposal not reasonable.