November 12, 2009 – Federal Register Recent Federal Regulation Documents

Notice is hereby given of the appointment of members of the National Transportation Safety Board Performance Review Board (PRB).

EPA is notifying the public that it has found that the motor vehicle emissions budgets (MVEBs) for Shelby County, Tennessee in the 1997 8-Hour Ozone Maintenance Plan State Implementation Plan (SIP) revision, submitted on February 26, 2009, by the Tennessee Department of Environment and Conservation (TDEC), are adequate for transportation conformity purposes. Shelby County is one of the counties in the bi- state Memphis Area for the 1997 8-hour ozone standard. Crittenden County, Arkansas is the other county in the bi-state Memphis Area. Through a separate action EPA has already found the Crittenden County budgets adequate for transportation conformity purposes. This action relates only to the Shelby County, Tennessee budgets. As a result of EPA's finding, Shelby County must use the MVEBs for future conformity determinations for the 1997 8-hour ozone standard.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 7, 2009 to October 23, 2009, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

The U.S. Department of Energy (DOE) announces its intent to prepare an environmental impact statement (EIS) pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), the Council on Environmental Quality (CEQ) NEPA regulations, and the DOE NEPA implementing procedures to assess the potential environmental impacts for its proposed action of issuing a Federal loan guarantee to Indiana Gasification, LLC (IG) (DOE/EIS-0429). IG submitted an application to DOE under the Federal loan guarantee program pursuant to the Energy Policy Act of 2005 (EPAct 2005) to support construction and start-up of a coal to substitute natural gas (SNG) facility in Rockport, Indiana (the Facility).\1\ The Facility would utilize gasification technology with Illinois Basin coal as the feedstock to produce SNG. Other products from the gasification process would be sulfuric acid, argon, and electric power, all of which would be sold.

This notice announces a meeting of the Nuclear Energy Advisory Committee (NEAC). The Federal Advisory Committee Act (Pub. L. 94-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

The Commodity Futures Trading Commission (``Commission'') is reopening the comment period for interest persons to comment on the Commission's October 6, 2009 Notice of Intent to consider whether the following contracts offered for trading on the IntercontinentalExchange, Inc. perform a significant price discovery function: SP-15 Financial Day-Ahead LMP Peak Contract; SP-15 Financial Day-Ahead LMP Peak Daily Contract; SP-15 Financial Day-Ahead LMP Off- Peak Daily Contract; SP-15 Financial Swap Real Time LMPPeak Daily Contract; SP-15 Financial Day-Ahead LMP Off-Peak Contract; NP-15 Financial Day-Ahead LMP Peak Daily Contract; and NP-15 Financial Day- Ahead LMP Off-Peak Daily Contract.

The Commodity Futures Trading Commission (``Commission'') is reopening the comment period for interested parties to comment on the Commission's Notice of Intent to consider whether the Mid-C Financial Peak Contract, Mid-C Financial Peak Daily Contract, Mid-C Financial Off-Peak Contract, and Mid-C Financial Off-Peak Daily Contract offered for trading on the IntercontinentalExchange, Inc. (``ICE'') perform a significant price discovery function.

The NRC is issuing its Final Interim Staff Guidance (ISG) DC/ COL-ISG-010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092890285). The purpose of this ISG is to modify and provide additional clarity in the guidance for the review of analyses of adverse flow effects in equipment other than reactor internals performed by combined license (COL) and design certification (DC) applicants. This ISG would revise the staff guidance previously issued in March 2007 in the Standard Review Plan (SRP) NUREG 0080, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,'' Section 3.9.2, ``Dynamic Testing and Analysis of Systems, Structures, and Components,'' Section 3.9.5, ``Reactor Pressure Vessel Internals,'' and Regulatory Guide 1.20, ``Comprehensive Vibration Assessment Program for Reactor Internals During Pre-Operational and Initial Startup Testing.'' The NRC staff issues DC/COL-ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for DCs and COLs by the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISG-010 into the next revision of the SRP and related guidance documents.

FHWA is issuing this notice to advise the public that an opportunity for public hearing will be afforded. If a request is made by interested citizens to have a Public Hearing to discuss the socio- economic and environmental effects of the second international bridge project at the Veterans International Bridge at Los Tomates in Brownsville, Texas. One will be scheduled and adequate notices will be publicized.

This notice lists approved candidates who will comprise a standing roster for service on the Agency's SES Performance Review Board. The Agency will use this roster to select SES board members, and an outside member for the convening SES Performance Review Board each year. The standing roster is as follows:

On October 30, 2009 (74 FR 56114), the Department of Defense published a final rule revising 32 CFR part 311 to update Office of the Secretary of Defense (OSD) and Joint Staff (JS) policy, assign responsibilities, and prescribe procedures for the effective administration of the Privacy Act (PA) Program in OSD and JS. In the published rule, the section on procedures for exemptions was inadvertently dropped. This rule amendment is being published to add this section back to 32 CFR part 311.

In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM), Arizona Resource Advisory Council (RAC), will meet on December 9, 2009, at the BLM Arizona State Office located at One North Central Avenue, Suite 800 in downtown Phoenix, from 8 a.m. until 4:30 p.m. Morning agenda items include: BLM State Director's update on statewide issues; update on BLM's Four-Tracks to Solar Energy Development in Arizona; update on BLM Scoping Process and Comments on the Development of the Environmental Impact Statement (EIS) on the Proposed Withdrawal of Mining in the Arizona Strip District; RAC questions on BLM District Managers' Reports; and reports by RAC working groups. A public comment period will be provided at 11:30 a.m. on December 9, 2009, for any interested

As set forth in 7 CFR 4279.107(b) and 4280.126(c), Rural Development (the Agency) has the authority to charge an annual renewal fee for loans made under the Business and Industry (B&I) Guaranteed Loan Program and the Rural Energy for America (Section 9007; formerly Section 9006 Renewable Energy Systems and Energy Efficiency Improvements Program) Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the renewal fee rate at one- fourth of 1 percent for the B&I Guaranteed Loan Program and one-fourth of 1 percent for the Section 9007 Guaranteed Loan Program. These rates will apply to all loans obligated in fiscal year (FY) 2010 that are made under the cited programs. As established in 7 CFR 4279.107 and 4280.126, the amount of the fee on each guaranteed loan will be determined by multiplying the fee rate by the outstanding principal loan balance as of December 31, multiplied by the percent of guarantee.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. This information collection, ``CSRS/FERS Documentation in Support of Disability Retirement Application'' (OMB Control No. 3206-0228; Standard Form 3112), collects information from applicants for disability retirement so that OPM can determine whether to approve a disability retirement. The applicant will only complete Standard Forms 3112A and 3112C. Standard Forms 3112B, 3112D and 3112E will be completed by the immediate supervisor and the employing agency of the applicant.

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is removing the name of two entities and one individual from the list of Specially Designated Nationals and Blocked Persons whose property and interests in property have been blocked pursuant to Executive Order 13224 of September 23, 2001, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism. The entities: BARAKAAT INTERNATIONAL and BARAKAAT INTERNATIONAL FOUNDATION, were designated pursuant to Executive Order 13224 on November 7, 2001 and the individual: PATRICIA VINCK, was designated pursuant to Executive Order 13224 on January 22, 2003.

This is a recommended decision regarding proposed amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. Four amendments were proposed by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. These proposed amendments would redefine the districts into which the production area is divided and reallocate committee membership positions among the districts, revise the committee nomination and selection procedures, authorize the committee to conduct research and promotion programs, and revise committee meeting and voting procedures. The proposals are intended to improve the operation and administration of the order. This recommended decision invites written exceptions on the proposed amendments.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad (UPRR) Vertical Lift Span Bridge across the Victoria Barge Canal, mile 29.4 at Bloomington, Victoria County, Texas. The deviation is necessary to allow for replacement of the lift span motors. This deviation provides for the bridge to remain closed to navigation for 12 consecutive hours on November 17 and 18, 2009, from 7 a.m. to 7 p.m. each day.

This document removes the interim rule published on September 8, 2009 (74 FR 46011), which announced a permanent safety zone around Seal Island, Maine from the shoreline out to the 60 foot depth curve. The September 8, 2009 interim rule is being removed because a comprehensive survey of Munitions and Explosives of Concern (MEC) in the area has not been completed therefore the Coast Guard is unable to determine if the risk posed warrants permanent establishment of the safety zone. Given the potential negative economic impact of the safety zone created by the Interim Rule and the limited reporting of MECs, this rule cancels the safety zone by removing it as a regulation.