December 7, 2009 – Federal Register Recent Federal Regulation Documents

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(2), the Bureau of Land Management (BLM) received a petition for reinstatement from Chesapeake Exploration, LLC, North Finn, LLC, American Oil & Gas Inc., and Khody Land & Minerals Company for competitive oil and gas lease WYW172440 for land in Converse County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the Northern District of California: WildEarth Guardians v. Jackson, No. 4:09-CV-02453-CW (N.D. CA). On June 3, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a non-discretionary duty to either approve a State Implementation Plan (``SIP'') or promulgate a Federal Implementation Plan (``FIP'') for California, Colorado, Idaho, New Mexico, North Dakota, Oklahoma, and Oregon to satisfy the requirements of Clean Air Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i), with regard to the 1997 National Ambient Air Quality Standards (``NAAQS'') for 8-hour ozone and fine particulate matter (``PM2.5''). Under the terms of the proposed consent decree, deadlines are established for EPA to take action.

EPA Region 9 is today issuing certain final modifications of its general NPDES permit (permit No. CAG280000) for discharges from offshore oil and gas exploration, development and production facilities located in Federal waters off the coast of Southern California. Region 9 proposed the permit modifications on April 3, 2009 (74 FR 15267), and the public comment period for the proposal concluded on May 4, 2009. During the public comment period, Region 9 received written comments from four parties concerning the proposed modifications. Region 9 has prepared a separate document (``Response to Public Comments'') that discusses the comments in more detail and Region 9's responses to the comments. The final permit modifications differ only slightly from the proposed modifications. The changes from the proposal are discussed in more detail in the Addendum to Fact Sheet and in the Response to Public Comments. The final modified general permit establishes effluent limitations, prohibitions, and other conditions on discharges from facilities authorized by this general permit. These conditions are based on the administrative record.

The Regional Administrator of the Environmental Protection Agency's (EPA) New England Regional Office is providing notice of a final residual designation determination made on October 28, 2009 in accordance with Section 402(p) of the Clean Water Act, and implementing regulations in 40 CFR 122.26(a)(9)(i)(D). The final determination requires that storm water discharges from impervious areas equal to or greater than one acre in the Long Creek watershed (South Portland, Westbrook, Scarborough, and Portland, Maine) be authorized by a permit under the federal Clean Water Act because those discharges contribute to a violation of water quality standards in Long Creek. Copies of the final residual designation and other materials are available for inspection online as described elsewhere in this notice document.

The Director of the Office of Ecosystem Protection, Environmental Protection Agency-Region 1, is today providing notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permits for specific discharges at Hydroelectric Generating Facilities in the States of Massachusetts and New Hampshire and Tribal Lands located in the State of Massachusetts. These discharges include equipment related cooling water, equipment and floor drain water, backwash strainer water, certain maintenance related waters, and combinations of the preceding discharges. The general permits establish notification requirements, permit eligibility requirements, effluent limitations, standards, prohibitions and best management practice plans. Owners and/or operators of hydroelectric generating facilities with these discharges, including those facilities currently authorized to discharge under individual NPDES permits, are eligible to apply for coverage. Facilities will receive a written notification from EPA whether permit coverage and authorization to discharge under one of the general permits is approved. These general permits do not cover new sources as defined under 40 CFR 122.2.

NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to establish a catch limit for bigeye tuna (Thunnus obesus) in the U.S. pelagic longline fisheries in the western and central Pacific Ocean for each of the years 2009, 2010, and 2011. Once the limit of 3,763 metric tons (mt) is reached in any of those years, retaining, transshipping, or landing bigeye tuna caught in the western and central Pacific Ocean will be prohibited for the remainder of the year, with certain exceptions. The limit will not apply to the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). This action is necessary for the United States to satisfy its international obligations under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.

NMFS announces the closure of the scup commercial coastwide fishery from Maine through North Carolina for the remainder of the Winter II Period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that this quota has been harvested and to advise Federal vessel permit holders and Federal dealer permit holders that no commercial quota is available for landing scup in these states. Federally permitted commercial vessels may not land scup in these states for the remainder of the 2009 Winter II quota period.

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Delivery Ticket (Form 6043). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (74 FR 51163) on October 5, 2009, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

This document amends the Customs and Border Protection (CBP) regulations pertaining to CBP's field organization by extending the geographical limits of the port of Columbus, Ohio, to include the Rickenbacker Intermodal Terminal and supporting infrastructure so that it will be within the newly defined port limits. The change will make the boundaries more easily identifiable to the public. The change is part of a continuing program to more efficiently utilize CBP's personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Rhode Island Coastal Resources Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of States with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a State has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. A public meeting will be held as part of the site visit. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the date of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. Dates and Times: The Rhode Island Coastal Resources Management Program evaluation site visit will be held January 25-29, 2010. One public meeting will be held during the week. The public meeting will be held on Wednesday, January 27, 2010, at 6 p.m. at the Rhode Island Department of Administration, Conference Room A, One Capitol Hill, Providence, Rhode Island.

These special conditions are issued for the Embraer S.A., Model EMB-505 airplane. This airplane will have a novel or unusual design feature(s) associated with high fuel temperature. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), and the Federal Lands Recreation Enhancement Act of 2004 (FLREA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Twin Falls District Resource Advisory Council (RAC) will attend a tour as indicated below.

The Food and Drug Administration (FDA) is announcing that Kemira Oyj has filed a petition proposing that the food additive regulations be amended to provide for the safe use of formic acid as a pH control agent in swine feed.