September 2009 – Federal Register Recent Federal Regulation Documents

We are revising our rules to allow representatives, in certain instances, to charge and receive a fee from third-party entities without requiring our authorization. We are also eliminating the requirement that we authorize fees for legal guardians or court- appointed representatives who represent claimants before us if a court has already authorized the fees. We are revising our rules to reflect changes in representatives' business practices and in the ways claimants obtain representation, and to improve the efficiency of our representative fee process.

On March 2, 2009, HUD published a Federal Register notice requesting nominations for membership on the negotiated rulemaking committee that will develop regulatory changes to programs authorized under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Changes to these programs were made by the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, which also directs that HUD undertake negotiated rulemaking to implement the statutory revisions. In accordance with section 564 of the Negotiated Rulemaking Act, this notice establishes the committee, announces the names and affiliations of the committee's proposed members, requests public comment on the committee and its proposed membership, explains how additional nominations for committee membership may be submitted, and provides other information regarding the negotiated rulemaking process.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request for approval of the paperwork requirements in the study being conducted in Alaska, Alaska Subsistence Study. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

On March 26, 2009 (71 FR 13118), EPA published a document approving a revision to the Birmingham and Jackson County portions of the Alabama State Implementation Plan (SIP). This action adds Table (c), which was inadvertently omitted, to Alabama's Identification of Plan section of the Code of Federal Regulations (CFR).

EPA hereby withdraws the pesticide science policy document entitled ``Estimating the Drinking Water Component of a Dietary Exposure Assessment,'' that was issued in November 1999. This science policy was developed during the implementation of the new safety standard in section 408 of the Federal Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection Act of 1996. EPA's assessment of exposure to residues in drinking water no longer involves performing screening level assessments as described in this policy paper. Instead, the Agency now routinely develops estimates of exposure to pesticides in drinking after using the more advanced methods that EPA has described in other science policy papers.

This notice announces the Agency's receipt of an initial filing of a pesticide petition proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is proposing disapproval of revisions to the SIP submitted by the State of Texas that relate to the Modification of Existing Qualified Facilities (the Texas Qualified Facilities State Program or the Program). EPA proposes disapproval of the Texas Qualified Facilities State Program because it does not meet the Minor NSR SIP requirements nor does it meet the NSR SIP requirements for a substitute Major NSR SIP revision.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticides: Aldicarb, Aliphatic Solvents, Carbaryl, Copper Salts, Copper Sulfate, Cypermethrin, Naphthalene Acetic Acid, Piperonyl Butoxide, Resmethrin, 2,4-DB, and 2,4-DP, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an August 12, 2009, Federal Register Notice of Receipt of Requests from the registrants to voluntarily cancel their Aldicarb, Aliphatic Solvents, Carbaryl, Copper Salts, Copper Sulfate, Cypermethrin, Naphthalene Acetic Acid, Piperonyl Butoxide, Resmethrin, 2,4-DB, and 2,4-DP product registrations. These are not the last Aldicarb, Aliphatic Solvents, Carbaryl, Copper Salts, Copper Sulfate, Cypermethrin, Naphthalene Acetic Acid, Piperonyl Butoxide, Resmethrin, 2,4-DB, and 2,4-DP products registered for use in the United States. In the August 12, 2009 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 registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the Aldicarb, Aliphatic Solvents, Carbaryl, Copper Salts, Copper Sulfate, Cypermethrin, Naphthalene Acetic Acid, Piperonyl Butoxide, Resmethrin, 2,4-DB, and 2,4-DP products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

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 review cases. 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 review. 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.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Environmental Quality Issues (EQI) Working Committee will hold a 2-day meeting, beginning on October 19, 2009 and ending October 20, 2009. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

This regulation establishes import tolerances for combined residues of meptyldinocap, 2-(1-methylheptyl)-4,6-dinitrophenyl (2E)-2- butenoate and 2,4-DNOP, 2,4-dinitro-6-(1-methylheptyl)phenol expressed as meptyldinocap in or on grape. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In this final action, EPA is issuing a stay, for nine months, on the ``grandfathering'' provision for particulate matter less than 2.5 micrometers (PM2.5) requirements in the Federal Prevention of Significant Deterioration (PSD) program. The grandfathering provision was added to the Federal PSD regulations on May 16, 2008, as part of the final rule titled, ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5).'' This stay follows an administrative stay, which was in effect from June 1, 2009, until September 1, 2009, on the same provision. We believe this additional stay will provide sufficient time for EPA to propose, take public comment on, and issue a final action concerning the repeal of the grandfathering provision for PM2.5 in the Federal PSD program.

This action proposes to amend Class E airspace at Red Oak, IA. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Red Oak Municipal Airport, Red Oak, IA. This action would also update the geographic coordinates of Red Oak Municipal Airport and the Red Oak NDB to coincide with the FAA's National Aeronautical Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Red Oak Municipal Airport.

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.

East Kentucky Power Cooperative, Inc. (EKPC) has applied for a permit from the U.S. Army Corps of Engineers (Corps) to authorize unavoidable impacts to jurisdictional waters of the U.S. pursuant to Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act (Section 10). EKPC is proposing to construct and operate a 278 megawatt circulating fluidized bed electric generating unit (CFB) and associated infrastructure at the existing J.K. Smith Power Station (the Smith Site) in southern Clark County, Kentucky (Proposed Action). In addition to the CFB unit, other components of the Proposed Action on the Smith Site include: An approximately one-mile, 345 kV electric transmission line; two (2) beneficial reuse structural fills using coal combustion by-products (CCB); two (2) landfills for the on-site disposal of CCB; an emergency drought water storage reservoir; several soil borrow areas for landfill cover and other site development uses; and a new water intake/outfall structure in the Kentucky River.

The Commission grants a petition for rulemaking filed by CBS Stations Group of Texas, L.P. (``CBS Stations Group'') and Television Station KTXA, L.P. (``KTXA L.P.''), the respective licensees of co- owned Fort Worth, Texas stations KTVT(TV), channel 11, and KTXA(TV), channel 19, requesting the substitution of channel 19 for KTVT(TV)'s assigned channel 11 at Fort Worth and the substitution of channel 29 for KTXA(TV)'s assigned channel 19 at Fort Worth.

Pursuant to the National Environmental Policy Act of 1969, as amended, and regulatory requirements, the San Juan National Forest, Columbine Ranger District will extend the public comment period on the Hermosa/Mitchell Lakes Land Exchange Draft Environmental Impact Statement for an additional 30 days beyond the original comment 45 day comment period.

The U.S. Army Corps of Engineers (Corps) is adding regulations to establish a restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama, because of the sensitive nature of the on-going and potential future activities at that facility. The Supervisor of Shipbuilding, Conversion and Repair (SUPERVISOR), located in Bath, Maine is responsible for United States Navy shipbuilding activities at AUSTAL, USA located in Mobile, Alabama. The restricted area will be used for on-going construction when vessels are placed in the water. The restricted area is essential to protect persons and property from the dangers associated with the operation and safeguard the area from accidents, sabotage and other subversive acts.