2008 – Federal Register Recent Federal Regulation Documents

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Shamrock Communications, Inc. Petitioner proposes the allotment of FM Channel 291C at Silverpeak, Nevada, as that community's first local service. Channel 291C can be allotted in accordance with the Commission's minimum distance separation requirements with a site restriction of 42.0 km (26.1 miles) east of Silverpeak. The proposed coordinates for Channel 291C at Silverpeak are 47-49-22 North Latitude and 117-09-53 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The Commission grants a petition for rulemaking filed by Pacifica Broadcasting Company, permittee of KALO-DT, and Oceania Christian Church, permittee of KUPU-DT, to substitute DTV channel *38 for post-transition DTV channel *10 at Honolulu, Hawaii and DTV channel 15 for post-transition DTV channel 38 at Waimanalo, Hawaii.

On October 31, 2008, the Regional Administrator for the Environmental Protection Agency, Region 10 (EPA), approved the application by the State of Alaska to administer and enforce an Alaska version of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The State will administer the approved Alaska Pollutant Discharge Elimination System (APDES) program through the Alaska Department of Environmental Conservation (ADEC) regulating discharges of pollutants into waters of the United States under its jurisdiction. EPA has approved the State's implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval, subject to continuing EPA oversight and enforcement authority, in place of the NPDES program previously administered by EPA in Alaska. Upon approval of the Alaska program, the Regional Administrator notified the State, signed the Memorandum of Agreement between EPA and ADEC, and will suspend issuance of NPDES permits in Alaska in accordance with the State's approved schedule to transfer NPDES program authority. EPA retains NPDES permitting authority and primary enforcement responsibility for: the bio-solids program; facilities operating in the Denali National Park and Preserve pursuant to Alaska Statehood Act Section 11; facilities discharging in Indian Country as defined in 18 U.S.C. 1151; facilities operating outside state waters (three miles offshore); and facilities with CWA section 301(h) waivers. This approval includes an implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval. In making its decision, EPA considered and addressed the comments and issues raised during the public comment period, public testimony at three public hearings, and comments expressed by tribes during the requested government-to-government tribal consultations.

By Order of the U.S. District Court for the District of Montana, dated April 5, 2005, and pursuant to the Federal Land Policy and Management Act of 1976 and the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM) has prepared a Final Supplement to the Montana Statewide Oil and Gas Environmental Impact Statement and Proposed Amendment (Proposed SEIS/Amendment) of the Powder River and Billings Resource Management Plans (RMPs).

The Mine Safety and Health Administration (MSHA) is amending and clarifying its existing health standards for asbestos exposure. The amendments make no substantive change to the existing standards, MSHA's enforcement of the standards, or the protection afforded miners under the standards.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

The Food and Drug Administration (FDA) is issuing a final regulation that requires the submission to FDA of prior notice of food, including animal feed, that is imported or offered for import into the United States. The final rule implements the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act), which required prior notification of imported food to begin on December 12, 2003. The final rule requires that the prior notice be submitted to FDA electronically via either the U.S. Customs and Border Protection (CBP or Customs) Automated Broker Interface (ABI) of the Automated Commercial System (ACS) or the FDA Prior Notice System Interface (FDA PNSI). The information must be submitted and confirmed electronically as facially complete by FDA for review no less than 8 hours (for food arriving by water), 4 hours (for food arriving by air or land/rail), and 2 hours (for food arriving by land/road) before the food arrives at the port of arrival. Food imported or offered for import without adequate prior notice is subject to refusal and, if refused, must be held. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a draft compliance policy guide (CPG) entitled ``Sec. 110.310 Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.''

FinCEN proposes to move Bank Secrecy Act (BSA) regulations to a new chapter in the Code of Federal Regulations (CFR). The new chapter would contain the BSA regulations, which would generally be reorganized by financial industry. Moving the BSA regulations to a new chapter and organizing the chapter by financial industry would create a user- friendly way to find regulations applicable to a particular financial industry. This new organization within the new chapter also allows for the renumbering of the BSA regulations in a manner that would make it easier to find regulatory requirements than under the numbering system currently used in the existing regulations. FinCEN also proposes to make minor technical changes to the BSA regulations such as updating mailing addresses and points of contact.

The interagency section 301 Committee is soliciting written comments on possible modifications to the action taken by the United States Trade Representative (``Trade Representative'') in connection with the World Trade Organization (``WTO'') authorization in the EC- Beef Hormones dispute to the United States to suspend concessions and related obligations with respect to the European Communities (``EC''). The EC-Beef Hormones dispute concerned the EC's ban on the import of U.S. meat and meat products produced from animals treated with any of six hormones for growth promotion purposes. Annex I to this notice contains a list of EC products with respect to which the United States is currently imposing increased rates of duty (100 percent ad valorem) pursuant to the WTO's authorization. Annex II to this notice contains a list of potential alternative products under consideration for the imposition of increased duties. Comments are requested with respect to (i) whether products listed in Annex I should be removed from the list or remain on the list (and if a product remains on the list, whether the currently applied rate of duty should be increased), (ii) whether products listed in Annex II should be included on a revised list and be subjected to increased rates of duty, and (iii) the products of which member States of the EC should be subjected to increased rates of duty.

The Food and Drug Administration (FDA) is announcing a public hearing to obtain input on adding additional diseases to the list of tropical diseases recognized under the Food and Drug Administration Amendments Act (FDAAA), which adds a new section to the Federal Food, Drug, and Cosmetic Act (the act). The new section authorizes FDA to award priority review vouchers to sponsors of certain tropical disease product applications that meet the criteria specified by the act. The new section lists diseases considered to be ``tropical diseases'' for the purposes of this legislation, and provides for expansion of the list to include diseases meeting certain criteria. This public meeting is being held to obtain comments from the public on the criteria that should be used to determine whether an infectious disease should be added to the list, and to elicit suggestions for adding specific diseases.

The Coast Guard is withdrawing its notice of proposed rulemaking concerning the operation of the SR 316 Blue Bayou Pontoon Bridge across the GIWW, mile 49.8, near Houma, Lafourche Parish, Louisiana. The notice of proposed rulemaking proposed to allow the bridge to stay closed for school buses to pass when carrying children, but due to mechanical improvements of the bridge, the requester, Lafourche Parish Council, has withdrawn their request.

The Commission is noticing a recently-filed Postal Service request to add Express Mail & Priority Mail Contract 1 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings.

The Commission is noticing a recently-filed Postal Service request to add Priority Mail Contract 4 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings.

The Commission requests comments on a channel substitution proposed by Paxson Communications License Company, LLC (``Paxson''), the permittee of WPXD-DT, post-transition DTV channel 31, Ann Arbor, Michigan. Paxson requests the substitution of DTV channel 19 for post- transition DTV channel 31 at Ann Arbor.

PHMSA has established the criteria and competitive procedures that will be used in awarding grants under the Technical Assistance Grants (TAG) program authorized in 49 U.S.C. 60130 and section 2(e) of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006. Subject to future appropriations, the TAG program will provide grants to local governments and community groups for engineering and other technical assistance related to pipeline safety matters. This Notice also details PHMSA's plans for awarding the three demonstration grants authorized under the TAG program.

The U.S. Department of Commerce (the Department) preliminarily determines that certain circular welded carbon quality steel line pipe (welded line pipe) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ``Suspension of Liquidation'' section of this notice. Interested parties are invited to comment on this preliminary determination in accordance with the time frame explained in the ``Public Comment'' section of this notice.

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 which is abstracted below describes the nature of the collection and the estimated burden and cost.

In compliance with the Paperwork Reduction Act (PRA) (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, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

Notice is hereby given that a petition has been received from the State of New York requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency (EPA), that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for Oyster Bay/Cold Spring Harbor Complex, New York. The waters of the proposed No Discharge Zone fall within the jurisdictions of the Town of Oyster Bay, the Town of Huntington, the Village of Bayville, the Village of Bayville, the Village of Centre Island, the Village of Cove Neck, the Village of Lattingtown, the Village of Laurel Hollow, the Village of Lloyd Harbor, the Village of Mill Neck, the Village of Oyster Bay Cove, the County of Nassau, and the County of Suffolk. These entities submitted an application prepared by Cashin Associates, P.C. for the designation of a Vessel Waste No Discharge Zone. New York State Department of Environmental Conservation certified the need for greater protection of the water quality. EPA published a Tentative Affirmative Determination on July 15, 2008, in the Federal Register. Public comments were solicited for 30 days and the comment period ended on August 14, 2008. Comments were received from three individuals, one stating that EPA should not blame the boaters for water quality problems, one supporting the proposed NDZ and one who finds that pumpout facilities are sometimes inoperable and that fines should be levied against the marinas that cannot provide the pumpout service on which our determinations are based. Regarding the first comment of ``blaming the boaters,'' Section 312(f)(3) of the Clean Water Act allows States to prohibit the discharge of sewage, whether treated or untreated, from vessels for the greater protection and enhancement of water quality. EPA determines whether adequate facilities, for the safe and sanitary removal and treatment of the sewage, are reasonably available. We have found the facilities in the proposed areas are reasonably available and recommend finalizing our determination. Regarding the third comment, the Clean Water Act Section 312(f) does not provide for the assessment of fines against marinas for inoperable pumpouts. In the past, when we have been made aware of inoperable or inaccessible pumpouts we have contacted the State agencies and requested their assistance in resolution of the matter. The situation has always been resolved as expeditiously as possible. EPA will continue to refer complaints about non-operational pumpouts to the appropriate State and local authorities when such complaints are received.