September 2009 – Federal Register Recent Federal Regulation Documents

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by the registrants to amend their registrations to terminate uses of certain products containing the pesticide methyl bromide. The requests would terminate post harvest methyl bromide use in or on alfalfa hay and cottonseed. The requests would terminate alfalfa hay and cottonseed uses from all methyl bromide products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces EPA's order for the cancellation of registrations, voluntarily requested by the registrants and accepted by the Agency, of certain rodenticide products containing the pesticides bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 24, 2008 Federal Register Notice of Receipt of Requests from several registrants to voluntarily cancel certain bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide product registrations. These are not the last bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide products registered for use in the United States. In the December 24, 2008 notice, EPA indicated that it would issue an order cancelling the products unless the Agency received substantive comments within the 180-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 bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

EPA is making available for comment an amended registration application submitted by Valent U.S.A. Corporation requesting the addition of multiple commodities onto the clothianidin technical and three end-use labels. Clothianidin Technical Insecticide is currently registered for formulation into end-use products labeled with terrestrial food, turf and ornamental, outdoor residential and non- residential uses. EPA is providing public notice of this amended registration application and an opportunity for the public to comment on the application.

The Board of Governors of the Federal Reserve System (Board) has approved amendments to Subpart A of Regulation S, which implements the requirement under the Right to Financial Privacy Act (RFPA) that the Board establish the rates and conditions under which payment shall be made by a government authority to a financial institution for assembling or providing financial records pursuant to RFPA. These proposed amendments update the fees to be charged and takes account of recent advances in electronic document productions.

This notice announces the availability of EPA's final registration review decision for the pesticide Pseudomonas syringae, case 6007. 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, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. 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 notice announces Agency approval of applications to register pesticide products containing saflufenacil, a new active ingredient not included in any previously registered products, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended; and the opening of a comment period on such approval.

OSHA is proposing to modify its existing Hazard Communication Standard (HCS) to conform with the United Nations' (UN) Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA has made a preliminary determination that the proposed modifications will improve the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. The Agency anticipates this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institute of Environmental Health Sciences (NIEHS), the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on 10 July 2009 on page 33259 and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38161). In the NPR, EPA proposed to determine that the Baltimore, Maryland portion of the Hagerstown-Martinsburg nonattainment areas for the 1997 National Ambient Air Quality Standard (NAAQS) fine particulate (PM2.5) have clean data for the 1997 PM2.5 NAAQS. EPA received comments from EarthJustice requesting that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is, therefore, reopening the comment period and including the data that was relied upon for the proposed clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule.

EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38154) and corrected on August 27, 2009 (74 FR 43653). In the NPR, EPA proposed to determine that Berkeley County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; Wood County and the Grant Tax District in Pleasants County, part of the Parkersburg-Marietta WV-OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV-OH nonattainment area for the 1997 National Ambient Air Quality Standard (NAAQS) for fine particulate (PM25) have clean data for the 1997 PM25 NAAQS. EPA received comments from EarthJustice pertaining to the design value calculations for the Hagerston- Martinsburg nonattainment area. EarthJustice also requested that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is therefore reopening the comment period and including the data that was relied upon for the clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule.

The following applicants filed AM or FM proposals to change the community of license: CEDAR COVE BROADCASTING, INC., Station KMPB, Facility ID 94204, BPED-20090902AAR, From FRISCO, CO, To MINTURN, CO; COCHISE BROADCASTING LLC, Station KCDC, Facility ID 166049, BPH- 20090828AEA, From MILFORD, UT, To LA VERKIN, UT; EDUCATIONAL MEDIA FOUNDATION, Station KRLP, Facility ID 91900, BPED-20090831ADE, From WINDOM, MN, To FAIRMONT, MN; GEOS COMMUNICATIONS, Station WNKZ, Facility ID 66715, BPH-20090908AAW, From LAPORTE, PA, To DUSHORE, PA; ROY E. HENDERSON TR/AS NEW ULM BROADCASTING CO., Station KNRG, Facility ID 15113, BPH-20090827ACZ, From NEW ULM, TX, To SMITHVILLE, TX.

On September 23, 2009, the Commission released a public notice announcing the October 15, 2009 meeting and agenda of the North American Numbering Council (NANC). The intended effect of this action is to make the public aware of the NANC's next meeting and agenda.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, NMFS has received an application from the St. George Reef Lighthouse Preservation Society (SGRLPS), for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by incidental harassment, incidental to conducting aircraft operations and restoration and maintenance work on the St. George Reef Light Station on Northwest Seal Rock (NWSR) in the northeast Pacific Ocean. Pursuant to the Marine Mammal Protection Act, as amended, NMFS requests comments on its proposal to authorize SGRLPS to incidentally take, by Level B harassment only, small numbers of marine mammals, incidental to conducting aircraft operations, and lighthouse renovation and light maintenance activities for one year. Since the proposed activities would occur in the vicinity of pinniped haul out sites, marine mammals could be disturbed as a result of helicopter landing/takeoff and human presence; therefore, SGRLPS has requested an IHA.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each revision of a currently approved collection and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine a veteran's eligibility, dependency, and income, as applicable, for compensation and/or pension benefits and to assist veterans in reopening a previously denied disability compensation claim or to request an increase in benefit and/or claim for a new service-connected condition.

Notice is hereby given that Jane Provancha, NASA, Ecological Program, Kennedy Space Center, FL, 32899, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.