January 2, 2009 – Federal Register Recent Federal Regulation Documents

This order withdraws 65 acres of National Forest System land from location and entry under the United States mining laws for a period of 20 years on behalf of the Forest Service to protect the expansion to the Water Canyon Recreation Area. The land has been and will remain open to such forms of disposition as may by law be made of National Forest System land and to mineral leasing.

This order partially revokes the withdrawals created by two Executive Orders insofar as they affect approximately 700 acres of public lands reserved for lighthouse purposes. This order also transfers administrative jurisdiction of the lands to the National Park Service to be managed as part of the Channel Islands National Park. The United States Coast Guard has determined the reservations are no longer needed.

The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

NMFS issues final specifications for the 2009 summer flounder, scup, and black sea bass fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including commercial scup possession limits. This action prohibits federally permitted commercial vessels from landing summer flounder in Delaware in 2009 due to continued quota repayment from previous years' overages. The actions of this final rule are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of this action is to establish harvest levels and other management measures to ensure that target fishing mortality rates (F) or exploitation rates, as specified for these species in the FMP, are not exceeded. In addition, this action implements measures that ensure continued rebuilding of these three stocks that are currently under rebuilding plans.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) as implemented by the Council on Environmental Quality Regulations (40 CFR Parts 1500-1508) and Executive Order 12114 Environmental Effects Abroad of Major Federal Actions, the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) for public release on January 2, 2009. The National Marine Fisheries Service (NMFS) is a cooperating agency for the EIS/OEIS. The Draft EIS/OEIS evaluates the potential environmental impacts over a 10-year planning horizon associated with Navy Atlantic Fleet training; research, development, testing, and evaluation (RDT&E) activities; and associated range capabilities enhancements (including infrastructure improvements) within the existing Gulf of Mexico (GOMEX) Range Complex. The GOMEX Range Complex geographically encompasses offshore, near- shore, and onshore Operating Areas (OPAREAs), ranges, and special use airspace (SUA). Components of the GOMEX Range Complex encompass: 17,440 square nautical miles (nm\2\) of OPAREA sea space; 20,810 nm\2\ of SUA off the coasts of Florida, Alabama, Mississippi, Louisiana, and Texas; 12,000 nm\2\ of military operating areas over Florida, Alabama, Mississippi, and Texas; as well as 15 nm\2\ of inland range areas in east-central Mississippi and east-central Texas. The Navy will conduct four public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal, state, and local agencies and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS.

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker license is canceled with prejudice.

Pursuant to section 15422(c)(1) of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) and section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission has instituted investigation No. 332-505, Use of the ``First Sale Rule'' for Customs Valuation of U.S. Imports, for the purpose of preparing the report required by section 15422(c)(1).

NMFS is adjusting the 2009 total allowable catch amount (TAC) for the Bering Sea pollock fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the Bering Sea pollock TAC does not exceed the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).

In accordance with the National Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321 et seq., the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (Draft EIS) for rights-of-way applications for the Ely Energy Center (EEC), a coal- fired electricity generating power plant and associated facilities north of Ely, Nevada, in White Pine County.

While EPA has no objection to the proposed action, it did request clarification on fishing gear impacts and monitoring plans. Rating LO. EIS No. 20080426, ERP No. D-BLM-J01083-WY, South Gillette Area Coal Lease Applications, WYW172585, WYW173360, WYW172657, WYW161248, Proposal to Lease Four Tracts of Federal Coal Reserves, Belle Ayr, Coal Creek, Caballo, and Cordero Rojo Mines, Wyoming Powder River Basin, Campbell County, WY Summary: EPA expressed environmental concerns about the potential for adverse impacts to air quality in the Powder River Basin. Rating EC2. EIS No. 20080447, ERP No. D-AFS-F65072-WI, Camp Four Vegetation Project, Proposes Vegetation and Road Management Activities, Desired Future Condition (DFC), Medford-Park Falls Ranger District, Chequamegon-Nicolet National Forest, Price County, WI Summary: EPA does not object to the preferred alternative. Rating LO.

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: Nucleic Acid Amplification Assay for the Detection of Enterovirus RNA.'' This guidance document describes a means by which an enterovirus nucleic acid assay may comply with the requirement of special controls for class II devices. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule codifying the classification of the enterovirus nucleic acid assays into class II (special controls). This guidance document is immediately in effect as the special control for an enterovirus nucleic acid assay, but it remains subject to comment in accordance with the agency's good guidance practices (GGPs).

We are amending the regulations regarding the importation of cattle from Mexico by adding San Luis, AZ, as a port through which cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases may be imported into the United States. A new facility for the handling of animals is to be constructed on the Mexican side of the border at the port of San Luis, AZ, that will be equipped with facilities necessary for the proper chute inspection, dipping, and testing that are required for such cattle under the regulations. We are also amending the regulations to remove provisions that limit the admission of cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases to the State of Texas. The statutory requirement that limited the admission of those cattle to the State of Texas has been repealed. These changes will make an additional port of entry available and relieve restrictions on the movement of imported Mexican cattle within the United States.

We are advising the public that the Animal and Plant Health Inspection Service has prepared evaluations of the animal health status of Germany and Poland relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). The evaluations present our evaluation of the HPAI H5N1 detection, control, and eradication measures in place in Germany and Poland during outbreaks of HPAI in 2006 and 2007, as well as our assessment of the present status of Germany and Poland with respect to HPAI subtype H5N1. We are making these evaluations available to the public for review and comment. If, after the close of the comment period, APHIS can identify no additional risk factors that would indicate that domestic poultry in Germany or Poland continue to be affected with HPAI H5N1, we would conclude that the importation of live birds, poultry carcasses, parts of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds from the affected regions of Germany and Poland presents a low risk of introducing HPAI H5N1 into the United States.

On September 9, 2008, we published an interim rule in the Federal Register to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain freshwater and saltwater fish. That interim rule was scheduled to become effective on November 10, 2008. Subsequently, on October 28, 2008, we published a notice in the Federal Register announcing the delay of the effective date of the interim rule until January 9, 2009. We are now delaying the effective date of the interim rule indefinitely to provide APHIS with time to make some adjustments to the interim rule that are necessary for the rule to be successfully implemented.

The Department of the Navy (Navy), after carefully weighing the operational and environmental consequences of the proposed action, announces its decision to provide facilities and functions to support homebasing twelve P-8A Fleet squadrons and one Fleet Replacement Squadron at established maritime patrol home bases. The Navy considered applicable laws, regulations, and Executive Orders, including an analysis of the environmental effects of its actions under the requirements of Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations). The proposed action will be accomplished as set out in Alternative 5, described in the Final Environmental Impact Statement (EIS) as the preferred alternative. Implementation of the preferred alternative could begin immediately.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council on Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR 775); Executive Order (EO)12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR Part 187), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement on December 17, 2008. The DEIS evaluates the potential environmental impacts associated with construction and operation of a Swimmer Interdiction Security System at Naval Base KitsapBangor (NBKBangor). A Notice of Intent for this Draft EIS was published in the Federal Register on February 12, 2007 (volume 72, number 28). The Navy will conduct two public hearings to receive oral and written comments on the Draft EIS. Federal agencies, state agencies, Tribal Governments and local agencies and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the Draft EIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft EIS.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project on State Route 302 (SR) from Key Peninsula Highway to SR 16 in Pierce County, Washington.

This document contains a final regulation that establishes procedures relating to the assessment of civil penalties by the Department of Labor under section 502(c)(4) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act). The regulation is necessary to reflect recent amendments to section 502(c)(4) by the Pension Protection Act of 2006, under which the Secretary of Labor is granted authority to assess civil penalties not to exceed $1,000 per day for each violation of section 101(j), (k), or (l), or section 514(e)(3) of ERISA. The regulation will affect employee benefit plans, plan administrators and sponsors, fiduciaries, as well as participants, beneficiaries, employee representatives, and certain employers.