February 13, 2009 – Federal Register Recent Federal Regulation Documents

In a separate document in the ``Rules'' section of this Federal Register, the Environmental Protection Agency (EPA) announced the convening of a proceeding for reconsideration of the final rule that amends the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR) regulations addressing aggregation published in the Federal Register on January 15, 2009. By this action, the EPA is administratively staying and delaying the effective date of this rule for 90 days. Thus, the January 15, 2009 rule will become effective on May 18, 2009.

This Notice advises the public of the initial allocation of grant funds for CDBG disaster recovery grants for the purpose of assisting in the recovery in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of natural disasters that occurred in 2008. As described in the SUPPLEMENTARY INFORMATION section of this Notice, HUD is authorized by statute and regulations to waive statutory and regulatory requirements and specify alternative requirements for this purpose, upon the request of the state grantees. This Notice also describes the common application, eligibility, and administrative waivers and the common alternative and statutory requirements for the grants. This Notice also grants to additional state allocatees the waivers included in the Federal Register published on September 11, 2008 (73 FR 52870).

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

On January 30, 2009, the Natural Resources Defense Council (``NRDC'') submitted a petition for reconsideration (the ``NRDC Petition'') of the rule addressing ``aggregation'' under the Prevention of Significant Deterioration and the Nonattainment New Source Review programs (collectively, ``NSR'') published in the Federal Register on January 15, 2009. This rule (the ``NSR Aggregation Amendments'') described when a source must combine (``aggregate'') nominally-separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change under NSR and result in a significant emissions increase. In response to the NRDC Petition, having found that the petitioner has raised objections to the rule that arose after the comment period and that are of central relevance to the rule, the EPA is convening a proceeding for reconsideration as provided for under the Clean Air Act section 307(d)(7)(B). In the near future, EPA will publish a notice in the Federal Register establishing a comment period and a hearing date for this proceeding.

The Commercial Fishing Industry Vessel Safety Advisory Committee (CFIVSAC) will meet in Jacksonville, FL to discuss various issues relating to commercial vessel safety in the fishing industry. This meeting will be open to the public.

This notice announces the cancellation of the March 18, 2009 public meeting of the Medicare Evidence Development & Coverage Advisory Committee (MEDCAC) (``Committee'') that was published in the January 16, 2009 Federal Register (74 FR 3051 through 3053). This notice also announces a public meeting on Wednesday, June 17, 2009. The Committee generally provides advice and recommendations concerning the adequacy of scientific evidence needed to determine whether certain medical items and services can be covered under the Medicare statute. This meeting will focus on the use of Bayesian statistics to interpret evidence in making coverage decisions. The meeting will introduce Bayesian concepts, contrast Bayesian approaches with frequentist approaches, and provide some examples of using Bayesian techniques for meta-analyses. This meeting is open to the public in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)).

This is an amendment of the Presidential declaration of a major disaster for the State of Washington (FEMA-1817-DR), dated 01/30/ 2009. Incident: Severe Winter Storm, Landslides, Mudslides, and Flooding. Incident Period: 01/06/2009 through 01/16/2009. Effective Date: 02/06/2009. Physical Loan Application Deadline Date: 03/31/2009. EIDL Loan Application Deadline Date: 10/30/2009.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Arkansas (FEMA- 1819-DR), dated 02/06/2009. Incident: Severe Winter Storm. Incident Period: 01/26/2009 and continuing. Effective Date: 02/06/2009. Physical Loan Application Deadline Date: 04/07/2009. Economic Injury (EIDL) Loan Application Deadline Date: 11/06/2009.

This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

EPA expressed environmental concerns about the potential for visibility impacts to the Mt. Zirkel Wilderness and Black Canyon Class I areas and potential adverse impacts to water quality and the sagebrush ecosystem. The Final EIS should include measures to address potential ozone impacts, avoid visibility impairment, and the use of phased development to mitigate impacts to areas with high wildlife and scenic value. Rating EC2.

Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in March 2009. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Novartis Animal Health US, Inc. The supplemental NADA provides for removal of a 250-pound weight restriction and the addition of a reproductive caution statement to labeling of tiamulin concentrate solution used in drinking water for the treatment of certain bacterial respiratory and enteric diseases in swine.

The Coast Guard is establishing a safety zone around the Perdido Regional Host (PRH), a high-production, manned oil and natural gas platform. The platform needs to be protected from vessels operating outside the normal shipping channels and fairways. Placing a safety zone around the platform will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This notice is to inform the public of a Memorandum of Understanding (MOU) between the Forest Service, U.S. Department of Agriculture, and the U.S. Fish and Wildlife Service, signed December 8, 2008, to promote the conservation of migratory birds. Pursuant to Executive Order (E.O.) 13186 (January 17, 2001), ``Responsibilities of Federal Agencies to Protect Migratory Birds,'' this MOU outlines a collaborative approach to promote the conservation of migratory bird populations. It does not authorize the ``take'' of migratory birds. Take, as defined in 50 CFR 10.12 regarding all wildlife and plants, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. This MOU identifies specific activities where cooperation between the Parties will contribute substantially to the conservation of migratory birds and their habitats. The complete text of the MOU is available at https://www.fs.fed.us/ biology/resources/pubs/mou_moa.html.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: