July 15, 2009 – Federal Register Recent Federal Regulation Documents

The Corporation for National and Community Service (the Corporation) has adopted an interim final protocol that categorically excludes national and community service programs funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) from the requirement of preparing environmental assessments or environmental impact statements under the National Environmental Policy Act, 42 U.S.C. 432 et seq. (NEPA), because the programs do not individually or cumulatively have a significant effect on the human environment. Notice of the Corporation's protocol satisfies the requirements of the Council for Environmental Quality's (CEQ) NEPA regulations and facilitates reporting requirements under the Recovery Act. By adopting this protocol, the Corporation can better assure that urgently needed Recovery Act financial assistance is disbursed to eligible entities in a timely manner and that such funds are used and reported upon in accordance with the Recovery Act's NEPA compliance provision. While this protocol is immediately effective upon publication, all comments will be reviewed and given full consideration in determining whether amendments to it are appropriate.

The Commission grants a petition for rulemaking filed by Twin Cities Public Television, Inc., the permittee of KTCI-TV, post- transition digital channel *26, St. Paul, Minnesota, requesting the substitution of DTV channel *23 for channel *26 at St. Paul.

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 the information collection provisions in FDA's food labeling regulations and on Form FDA 3570, ``Model Small Business Nutrition Labeling Exemption Notice,'' which small businesses may use to claim the small business exemption from nutrition labeling.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Postmarketing Studies and Clinical TrialsImplementation of Section 505(o) of the Federal Food, Drug, and Cosmetic Act.'' The Food and Drug Administration Amendments Act of 2007 (FDAAA) added new provisions to the Federal Food, Drug, and Cosmetic Act (the act) authorizing FDA to require certain postmarketing studies and clinical trials for prescription drugs and biological products approved under the act or the Public Health Service Act (the PHS Act). This draft guidance provides information on the implementation of the new provisions and a description of the types of postmarketing studies and clinical trials that will generally be required under the new legislation (postmarketing requirements (PMRs)) and the types that will generally be agreed-upon commitments (postmarketing commitments (PMCs)) because they do not meet the new statutory criteria for required postmarketing studies and clinical trials.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), the EPA and the State of California's Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board, Central Coast Region (Regional Board) and Department of Fish and Game (DFG) (jointly referred to as the State Regulatory Entities), are hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 142 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. Of these 142 parties, 100 have elected to resolve their liability with EPA and the State Regulatory Entities. An additional 42 parties have elected to resolve their liability only with the State Regulatory Entities at this time; 23 of these have previously settled with EPA. The parties that have settled with the State Regulatory Entities have also settled potential natural resource damage claims by the California Department of Fish and Game as the State Natural Resource Trustee (``State Trustee''). Most of those resolving their liability to the EPA have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). The 100 parties settling with EPA and the State Regulatory Entities and State Trustee sent 19,762,737 lbs. of waste to the Casmalia Disposal Site, which represents 0.35% of total Site waste. This settlement requires these parties to pay over $1.7 million to EPA. These parties and the additional 42 parties settling with only the State Regulatory Entities and State Trustee will pay a total of $675,000 to the State Regulatory Entities and State Trustee. EPA is simultaneously publishing another Federal Register Notice relating to another settlement with de minimis parties that had received offers prior to the group of parties listed in this Notice.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). The purpose of the FRRCC is to provide advice to the Administrator of EPA on environmental issues and programs that impact, or are of concern to, farms, ranches, and rural communities. The FRRCC is a part of EPA's efforts to expand cooperative working relationships with the agriculture industry and others who are interested in agricultural issues and to achieve greater progress in environmental protection.

The Regional Administrator of the Environmental Protection AgencyNew England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the coastal waters of Southern Mount Desert Island.

The Coast Guard is removing the existing drawbridge operation regulation for the Route 70 Bridge, mile 3.4, across Manasquan River at Riviera Beach, NJ. The existing bridge has been modified by permit from a movable bridge to a fixed bridge. Since the bridge is no longer a movable bridge, the regulation controlling the opening and closing of the bridge in no longer necessary.

The Coast Guard proposes establishment of safety zones for annual events in the Captain of the Port Sault Sainte Marie Zone. This proposed rule adds events not previously published in Coast Guard regulations. These safety zones are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays or other events.

The United States International Trade Commission (ITC) has determined, pursuant to section 421(b)(1) of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2451(b)(1)), that certain passenger vehicle and light truck tires \1\ from the People's Republic of China (China) are being imported into the United States in such increased quantities or under such conditions as to cause market disruption to the domestic producers of like or directly competitive products. Pursuant to section 421(h)(1) of the Trade Act, the United States Trade Representative (USTR) is publishing notice of proposed restrictions with respect to imports of Chinese tires. USTR invites domestic producers, importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed restrictions and whether they would be in the public interest. USTR also invites interested parties to participate in a public hearing (if one is requested).

The Director, Information Collection Clearance Division, Regulatory Information. Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

This regulation establishes tolerances for residues of fenamidone in or on cilantro, leaves; grape; okra; turnip, greens; and vegetable, root, except sugar beet, subgroup 1B, except radish; and combined residues of fenamidone and its metabolite RPA 717879 in or on corn, field, forage; corn, field, grain; corn, field, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover; soybean, forage; soybean, hay; and soybean, seed. It also removes existing permanent and time-limited tolerances on carrot that are superseded by the new tolerance on vegetable, root, except sugar beet, subgroup 1B, except radish. The new tolerance on grape will be a tolerance with regional registration (East of the Rocky Mountains) and will replace the current tolerance which is restricted to imported grapes. Interregional Research Project Number 4 (IR-4) and Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is issuing a final rule making two minor revisions to the final Lead Renovation, Repair, and Painting Program (RRP) rule that published in the Federal Register on April 22, 2008. First, this final rule requires accredited providers of renovator or dust sampling technician training to submit post-course notifications, including digital photographs of each successful trainee, to EPA. The 2008 rule establishes accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child- occupied facilities. The post-course notification requirement, designed to supply important information for EPA's compliance monitoring efforts, was inadvertently omitted from the final RRP rule's regulatory text. In addition, this final rule removes the requirement for accredited lead-based paint activities training providersthose who provide inspector, risk assessor, project designer, and abatement supervisor and worker trainingto submit to EPA a digital photograph of each successful trainee along with their post-course notifications. That requirement, inadvertently imposed as part of the final RRP rule, is unnecessary because EPA already receives photographs of these individuals through other means.

Section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (WWTVPRA), Public Law 110-457, mandated that the Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the Secretary of Labor, develop an information pamphlet on legal rights and resources for aliens applying for employment- or education-based nonimmigrant visas. This notice announces the publication of this pamphlet on the Web site of the Bureau of Consular Affairs of the Department of State at: https://travel.state.gov/visa/questions/questions_4413.html.

The U.S. Army Corps of Engineers (Corps) is proposing to take two actions concerning Nationwide Permit (NWP) 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities. First, the Corps proposes to modify NWP 21 to prohibit its use to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities in the Appalachian region of the following states: Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia until it expires on March 18, 2012. The proposed modification would enhance environmental protection of aquatic resources by requiring surface coal mining projects in the affected region to obtain individual permit coverage under the Clean Water Act (CWA), which includes increased public and agency involvement in the permit review process, including an opportunity for public comment on individual projects. The application of NWP 21 to surface coal mining activities in the rest of the United States would not be affected by this proposed modification.

The EPA is announcing two public hearings to be held for the proposed rule ``Primary National Ambient Air Quality Standards for Nitrogen Dioxide'' which is published elsewhere in this Federal Register. The hearings will be held in Arlington, Virginia, on Monday, August 3, 2009 and Los Angeles, California, on Thursday, August 6, 2009.

This rule adjusts the penalty amount of certain civil monetary penalties authorized by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 which requires that civil monetary penalties be adjusted for inflation at least once every four years.

Pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations (40 CFR Part 1500); and the Natural Resources Conservation Service Regulations (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Sandy Creek Watershed Structure No. 23, Jackson County, Georgia.

This document discusses the Commission's consideration and approval of a Postal Service request to reduce prices for a component of the mail stream referred to as Standard Mail high density flats. The approval means that the Postal Service may implement the planned price reductions.