March 25, 2009 – Federal Register Recent Federal Regulation Documents

Pursuant to section 215 of the Federal Power Act, the Commission proposes to approve six Modeling, Data, and Analysis Reliability Standards submitted to the Commission for approval by the North American Electric Reliability Corporation, the Electric Reliability Organization certified by the Commission. The proposed Reliability Standards require certain users, owners, and operators of the Bulk-Power System to develop consistent methodologies for the calculation of available transfer capability or available flowgate capability.

The Commission clarifies that the facilities within a nuclear generation plant in the United States that are not regulated by the U.S. Nuclear Regulatory Commission are subject to compliance with the eight mandatory ``CIP'' Reliability Standards approved in Commission Order No. 706.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

Through this notice, HUD is announcing the availability on its Web site of HUD's Fleet Alternative Fuel Vehicle Acquisition Report for Fiscal Year 2008, which was prepared in accordance with the Energy Policy Act of 1992.

The Coast Guard proposes to temporarily change the enforcement period of special local regulations for recurring marine events in the Fifth Coast Guard District. These regulations apply to only five recurring marine events that conduct on water activities such as power boat races, swimming competitions, and harbor celebrations. Special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Chester River, MD; Rappahannock River, VA; Elizabeth River, Southern Branch, VA; North Atlantic Ocean, Ocean City, MD; and Pasquotank River during each event.

EPA is taking final action to promulgate Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). Performance Specification 16 provides testing requirements for assessing the acceptability of PEMS when they are initially installed. Currently, there are no Federal rules requiring the use of PEMS; however, some sources have obtained Administrator approval to use PEMS as alternatives to continuous emissions monitoring systems (CEMS). Other sources may desire to use PEMS in cases where initial and operational costs are less than CEMS and process optimization for emissions control may be desirable. Performance Specification 16 will apply to any PEMS required in future rules in 40 CFR Parts 60, 61, or 63, and in cases where a source petitions the Administrator and receives approval to use a PEMS in lieu of another emissions monitoring system required under the regulation. We are also finalizing minor technical amendments.

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This regulation establishes an exemption from the requirement of a tolerance for residues of triethanolamine (CAS Reg. No. 102-71-6) when used as an inert ingredient in pesticide formulations applied to growing crops under 40 CFR 180.920. Bayer CropScience, LP submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an expansion of the existing Sec. 180.920 exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of triethanolamine.

This notice announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fomesafen, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 31, 2008 Federal Register Notice of Receipt of Request from the fomesafen registrant to voluntarily cancel all their fomesafen product registrations. Fomesafen is a pre-plant, pre-emergence and post- emergence herbicide used on soybeans, snap beans, dry beans, and cotton. It is also registered for use on agricultural fallow/idleland, nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and pine (seed orchard). These are not the last fomesafen products registered for use in the United States. In the December 31, 2008 Notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the fomesafen products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This regulation establishes an exemption from the requirement of a tolerance for residues of castor oil, ethoxylated, oleate, minimum number average molecular weight (in amu) 2,000, (CAS No. 220037-02-05); when used as an inert ingredient in a pesticide chemical formulation. Goldschmidt Chemical Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of castor oil, ethoxylated, oleate on food or feed commodities.

This action proposes amendments to Methods 201A and 202. The proposed amendments to Method 201A would add a particle-sizing device to allow for sampling of particulate matter (PM) with mean aerodynamic diameters less than or equal to 2.5 micrometers ([mu]m) (PM2.5 or fine PM). The proposed amendments to Method 202 would revise the sample collection and recovery procedures of the method to reduce the formation of reaction artifacts that could lead to inaccurate measurements of condensable particulate matter (CPM). Additionally, the proposed amendments to Method 202 would eliminate most of the hardware and analytical options in the existing method, thereby increasing the precision of the method and improving the consistency in the measurements obtained between source tests performed under different regulatory authorities. Finally, in this notice we are soliciting comments on whether to end the transition period for CPM in the New Source Review (NSR) program on a date earlier than the current end date of January 1, 2011. The proposed amendments would improve the measurement of fine particulates and would help State and local agencies in implementing CPM control measures to attain the PM2.5 National Ambient Air Quality Standards (NAAQS) which were established to protect public health and welfare.

EPA is updating the materials submitted by Pennsylvania that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the Pennsylvania Department of Environmental Protection and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, D.C., and the Regional Office.

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.