September 17, 2009 – Federal Register Recent Federal Regulation Documents

This Notice corrects a Notice of Application for a Recordable Disclaimer of Interest from Randy Lynne Jackson, personal representative of the estate of Donald F. Jackson, deceased. The BLM published the original notice on Monday, December 22, 2008 [73 FR 78388]. The original notice included a metes and bounds legal description which contained several errors.

The Bureau of Land Management (BLM) is reopening the public comment period to prepare an Environmental Impact Statement (EIS) for the Proposed NextLight Renewable Power, LLC, Silver State North Solar Project and Silver State South Solar Project, to be located in Clark County, Nevada. A notice published in the Federal Register on June 30, 2009 [74 FR 31306] provided for a public comment period ending on July 30, 2009.

The Acting Regional Administrator of EPA Region 3 is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Canaan Valley Public Service District (CVPSD) for the purchase of membrane filtrations cassettes, which are an integral component of the Membrane Bioreactor (MBR) wastewater treatment process, at two of its Wastewater Treatment Plants (WWTPs). CVPSD indicates that the MBR treatment process is necessary to achieve the wastewater treatment levels required by the National Pollutant Discharge Elimination System (NPDES) permits issued for these WWTPs. The membrane filtration equipment under consideration is manufactured by a company located in Canada and no United States manufacturer produces an alternative that meets the CVPSD's technical specifications. This is a project specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on the specific project circumstances. The Acting Regional Administrator is making this determination based on the review and recommendations of the EPA Region III, Water Protection Division, Office of Infrastructure and Assistance. The CVPSD has provided sufficient documentation to support its request.

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.

Under section 612 of the Clean Air Act, the Environmental Protection Agency (EPA) reviews and lists as acceptable alternatives to ozone-depleting substances (ODS). In 2006, EPA proposed to list R-744 (CO2) as ``acceptable with use conditions'' as a substitute for CFC-12 in the motor vehicle air conditioning (MVAC) end-use within the refrigeration and air-conditioning sector. When using CO2 as a refrigerant, MVAC systems would be required to use the refrigerant according to those legally enforceable conditions. EPA proposed use conditions because of the potential risk of exposure to elevated concentrations of CO2 within the passenger compartment if there was a leak of the MVAC system. Elevated CO2 levels could cause passengers, and of particular concern, the driver, to become drowsy. Since the time of the proposed rule, additional information regarding the effects of short-term CO2 exposures has become available and EPA is now making that information available to the public. As noted in the proposed rule, EPA is considering whether to establish a breathing zone ceiling and this short-term exposure information is relevant to EPA's decision on this issue. In addition, EPA is providing the public with opportunity to respond to an issue raised in a public comment on the proposed rule.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for permits to conduct certain activities with endangered species and/or marine mammals. Both the Endangered Species Act and the Marine Mammal Protection Act require that we invite public comment on these permit applications.

The United States Patent and Trademark Office (USPTO) has prepared interim examination instructions for evaluating patent subject matter eligibility under 35 U.S.C. 101 (Interim Patent Subject Matter Eligibility Examination Instructions) pending a decision by the U.S. Supreme Court in Bilski v. Kappos. The Interim Patent Subject Matter Eligibility Examination Instructions will be for use by USPTO personnel in their review of patent applications to determine whether the claims in a patent application are directed to patent eligible subject matter under 35 U.S.C. 101. The USPTO is requesting comments from the public regarding the Interim Patent Subject Matter Eligibility Examination Instructions.

NOAA issues this notice to inform the public that an ROD has been approved for replacement of the Southwest Fisheries Science Center (SWFSC) at the Scripps Institution of Oceanography (SIO) within the University of California at San Diego (UCSD) campus in La Jolla, California. NOAA signed the ROD on August 20, 2009.

We, the National Marine Fisheries Service (NMFS) are issuing this notice to advise the public that NMFS is adding an additional public meeting regarding proposed regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. The proposed rule was published July 29, 2009, and includes information on two public meetings. We are issuing this notice to announce a third public meeting in Anacortes, WA that has been added in response to requests for additional public meetings to allow for greater public participation.

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.

This notice announces the intent of EPA to establish a Chesapeake Bay-wide Total Maximum Daily Load (TMDL) for nutrients and sediment for all impaired segments in the tidal portion of the Chesapeake Bay watershed. This action is being taken pursuant to section 303(d) of the Clean Water Act (CWA). To provide information to the public regarding the process, approach and implications of this action, EPA will hold a series of public meetings in late 2009 on dates and in locations to be determined. A second public comment period will be held in the summer of 2010 once a draft Chesapeake Bay TMDL is developed. This TMDL is being developed consistent with the requirements of two Consent Decrees settling the following lawsuits: American Canoe Association, Inc. and the American Littoral Society v. EPA, Civil No. 98-979-A (E.D. Va) and Kingman Park Civic Association, et al. v. U.S. Environmental Protection Agency, et al., No. 1:98CV00758 (D.D.C.). By this notice, EPA is soliciting preliminary input from the public on its plans for developing this Chesapeake Bay TMDL. EPA requests that the public provide to EPA any water quality related data and information that may be relevant to the development and calculation of the Chesapeake Bay TMDL by December 18, 2009. EPA will review all data and information submitted during the public comment period and will consider them in the development of the TMDL as appropriate.

The FDIC is adopting a final rule amending its deposit insurance regulations to: Reflect Congress's extension, until December 31, 2013, of the temporary increase in the standard maximum deposit insurance amount (``SMDIA'') from $100,000 to $250,000; finalize the interim rule, with minor modifications, on revocable trust accounts; and finalize the interim rule on mortgage servicing accounts. The FDIC is also adopting technical, conforming amendments to its international banking regulations to substitute several existing references to ``$100,000'' with references to the SMDIA.

Under the provisions of section 10[d] of the Federal Advisory Committee Act of 1972, Public Law 92-463, it is hereby determined that every Wage Committee meeting concerns matters listed in 5 U.S.C. 552b[c][2] and 5 U.S.C. 552b[c][4], and that, accordingly, the meeting will be closed to the public. The DoD announces that the Department of Defense Wage Committee will meet in September, October, November and December 2009.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally accepted Settlement Agreement with Maran, Inc., containing a civil penalty of $50,000.00.

The following Water Management Plans are available for review:

DOT intends to establish systems of records under the Privacy Act of 1974.

This document proposes to revise the Federal regulations on the Procedures for Abatement of Highway Traffic Noise and Construction Noise. The FHWA seeks to clarify certain definitions, the applicability of this regulation, certain analysis requirements, and the use of Federal funds for noise abatement measures. In addition, the proposed regulation would include a screening tool and the latest state of the