October 1, 2010 – Federal Register Recent Federal Regulation Documents
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Notice of Intent to Prepare a Programmatic Environmental Impact Statement on Implementing Recovery Actions for Hawaiian Monk Seals
The National Marine Fisheries Service (NMFS) announces its intent to prepare a Programmatic Environmental Impact Statement (PEIS) to analyze the environmental impacts of implementing specific management actions and administering the associated research and enhancement program for Hawaiian monk seals (Monachus schauinslandi) in the Northwestern and Main Hawaiian Islands. Publication of this notice begins the official public scoping process that will help identify alternatives and determine the scope of environmental issues to be considered in the PEIS.
Initiation of Five-Year (“Sunset”) Review
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year Review (``Sunset Review'') of the antidumping and countervailing duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.
Availability of a Draft Environmental Assessment and Habitat Conservation Plan, and Receipt of Application for an Incidental Take Permit From Benton County, OR
We, the U.S. Fish and Wildlife Service (Service), advise the public that Benton County, Oregon, has submitted an application to the Service for an incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). Included with the application is a habitat conservation plan (HCP) and a proposed implementing agreement (IA). We also announce the availability of a draft environmental assessment (EA) under the authority of the National Environmental Policy Act (NEPA; 42 U.S.C. 4371 et seq.).
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review
The Department of Commerce (``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam (``Vietnam''), received on August 26, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is February 1, 2010-July 31, 2010.
Missouri River Resource Advisory Committee Meeting
The Helena National Forest's Missouri River Resource Advisory Committee (RAC) will meet on Tuesday, November 9, 2010 from 6 p.m. until 9 p.m., in Helena, Montana. The purpose of the meeting is to conduct welcomes and introductions, discuss the status of the RAC charter and committee membership vacancies, discuss and vote on Teton County joining this RAC, review and discuss project proposals, make project approval and funding decisions, set a next meeting date and receive public comment on the meeting subjects and proceedings.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 59 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained, Director, Medical Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers.
Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
On May 12, 2010, the Department of Commerce (the ``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping duty investigation of seamless refined copper pipe and tube (``copper pipe and tube'') from the People's Republic of China (``PRC'').\1\ The Department invited interested parties to comment on the Preliminary Determination. Based on the Department's analysis of the comments received, the Department has made changes from the Preliminary Determination. The Department determines that copper pipe and tube from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (the ``Act''). The final dumping margins for this investigation are listed in the ``Final Determination'' section below.
Seamless Refined Copper Pipe and Tube From Mexico: Final Determination of Sales at Less Than Fair Value
The U.S. Department of Commerce (``the Department'') has determined that imports of seamless refined copper pipe and tube (``copper pipe and tube'') from Mexico are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are listed in the ``Continuation of Suspension of Liquidation'' section of this notice.
Airworthiness Directives; The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes
We are revising an earlier proposed airworthiness directive (AD) for certain Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. The original NPRM would have required adding two new indicator lights on the P10 panel to inform the captain and first officer of a low pressure condition in the left and right override/jettison pumps of the center wing tanks. The original NPRM would also have required replacing the left and right override/jettison switches on the M154 fuel control module on the P4 panel with improved switches and doing the associated wiring changes. The original NPRM would have also required a revision to the maintenance program to incorporate airworthiness limitation No. 28-AWL-22. The original NPRM resulted from fuel system reviews conducted by the manufacturer. This action revises the original NPRM by adding a revision to the airplane flight manual to advise the flightcrew what to do in the event that the pump low pressure light on the flight engineer's panel does not illuminate when the pump is selected off; and requiring, for certain airplanes, installation of a mounting bracket for the new indicator lights. We are proposing this supplemental NPRM to prevent uncommanded operation of the override/ jettison pumps of the center wing tanks, and failure to manually shut off the override/jettison pumps at the correct time, either of which could lead to an ignition source inside the center wing tank. This condition, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; McDonnell Douglas Corporation Model MD-90-30 Airplanes
We propose to adopt a new airworthiness directive (AD) for all Model MD-90-30 airplanes. This proposed AD would require repetitive high frequency eddy current inspections for cracking on the hinge bearing lugs of the left and right sides of the center section ribs of the horizontal stabilizer, and related investigative and corrective actions if necessary. This proposed AD results from reports of cracks found on either the left or right (or in one case, both) sides of the center section ribs of the horizontal stabilizer. We are proposing this AD to detect and correct cracking in the hinge bearing lugs of the center section of the left and right ribs, which could result in failure of the hinge bearing lugs and consequent inability of the horizontal stabilizer to sustain the required loads.
Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate Previously Held by Raytheon Aircraft Company; Beech Aircraft Corporation) Model 400A and 400T Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Model 400A, and 400T airplanes. This proposed AD would require a detailed inspection for proper sealant of the left and right pylon firewall structures, and corrective actions if necessary. This proposed AD results from reports of missing sealant on the left and right pylon firewall structures. We are proposing this AD to detect and correct missing sealant on the left and right pylon firewall structures, which, in the event of an engine fire, could result in flames penetrating the seams in the firewall between the engine and the aft fuselage, and a subsequent uncontrolled fire in the aft fuselage.
Airworthiness Directives; Learjet Inc. Model 45 Airplanes
We propose to adopt a new airworthiness directive (AD) for all Model 45 airplanes. This proposed AD would require a general visual inspection for damage of wiring (including chafing, pinched wires, and exposed wires) and correct routing of wires in the left and right circuit breaker panels, and related investigative and corrective actions if necessary. This proposed AD results from reports of wire damage on the pilot and copilot circuit breaker panels caused by a short circuit between chafed wires. We are proposing this AD to detect and correct damaged or misrouted wires, which could result in a short circuit and the loss of systems associated with the wiring (including fire suppression function for one engine and essential avionics systems).
Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System Changes and FY 2011 Rates; Provider Agreements and Supplier Approvals; and Hospital Conditions of Participation for Rehabilitation and Respiratory Care Services; Medicaid Program: Accreditation for Providers of Inpatient Psychiatric Services; Corrections
This document corrects technical and typographical errors in the final rules and interim final rule with comment period entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System Changes and FY 2011 Rates; Provider Agreements and Supplier Approvals; and Hospital Conditions of Participation for Rehabilitation and Respiratory Care Services; Medicaid Program: Accreditation for Providers of Inpatient Psychiatric Services'' that appeared in the August 16, 2010 Federal Register.
Airworthiness Directives; Airbus Model A330-201, -202, -203, -223, and -243 Airplanes; Airbus Model A330-300 Series Airplanes; and Airbus Model A340-200 and -300 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
2010 Special 301 Out of Cycle Review of Notorious Markets: Request for Public Comment
Pursuant to Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242) the United States Trade Representative (USTR) issues an annual review of the global state of intellectual property rights (IPR) protection and enforcement, conducted by the Office of the United States Trade Representative (USTR), commonly referred to as the ``Special 301 Report''. Included in this report is the ``Notorious Markets'' list, which is a compilation of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements. The list does not represent a finding of violation of law, but rather is a summary of information USTR reviewed during the Special 301 process that serves to highlight the problem of marketplaces that deal in infringing goods and help sustain global piracy and counterfeiting. In an effort to increase public awareness and guide related trade enforcement actions, USTR plans to begin publishing the notorious market list separately from the annual Special 301 report in which it has previously been included. USTR is hereby requesting written submissions from the public identifying potential Internet and physical notorious markets that exist outside the United States. Deadline for interested parties to submit written comments: November 5, 2010.
Information Collection; OMB Control No. 3090-00XX; Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an emergency new information collection requirement regarding the Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Reporting and Use of Information Concerning Integrity and Performance of Recipients of Grants and Cooperative Agreements, whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Discharge of Oil From Deepwater Horizon/Macondo Well, Gulf of Mexico; Intent To Conduct Restoration Planning
Under the Oil Pollution Act (OPA), Federal and State trustees for natural resources are authorized to assess natural resource injuries resulting from an oil discharge or the substantial threat of discharge, as well as response activities, and develop and implement a plan for restoration. This notice announces the intent of Federal and State trustees to conduct restoration planning regarding the discharge of oil from the Deepwater Horizon Mobile Offshore Drilling Unit and the Subsea Macondo Well into the Gulf of Mexico, an incident that occurred on or about April 20, 2010.
Safety Advisory 2010-02
FRA is issuing Safety Advisory 2010-02 to address Safety Recommendations I-96-10 and I-96-11, issued by the National Transportation Safety Board (NTSB) that relate to railroad and highway signal recording devices at highway-rail grade crossings equipped with active warning systems that are interconnected with highway traffic signal systems. This safety advisory recommends that States, local highway authorities, and railroads install, maintain, and upgrade railroad and highway traffic signal recording devices at these types of grade crossings. This safety advisory also recommends that States, local highway authorities, and railroads conduct comprehensive periodic joint inspections of highway traffic signal pre-emption interconnections and use information obtained from any railroad and highway traffic signal recording devices during those inspections.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 23, 2010. No comments were received.
Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 15, 2010. No comments were received.
Information Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.
Procurement List; Proposed Additions
The Committee is proposing to add services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must be Received On or Before: 11/1/2010.
Fisheries Off West Coast States; Notice of Availability for Amendments 16-5 and 23 to the Pacific Coast Groundfish Fishery Management Plan
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendments 16-5 and 23 to the Pacific Coast Groundfish Fishery Management Plan (FMP) for Secretarial review. Amendment 16-5 would modify the FMP to implement an overfished species rebuilding plan for petrale sole and revise existing overfished species rebuilding plans. In addition, Amendment 16-5 would modify the default proxy values for FMSY and BMSY as they apply to the flatfish species, including petrale sole; and the harvest control rule policies. Amendment 23 introduces a new framework for fishery specifications and other measures for establishing Annual Catch Limits (ACLs) as required by the recent amendments to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Procurement List; Additions and Deletions
This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products from the Procurement List previously furnished by such agencies.
Information Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval (with modifications) for three years of a currently approved information collection.
Endangered Species; File No. 13599-01
Notice is hereby given that National Ocean Service Marine Forensic Lab (NOS Lab, Julie Carter, Principal Investigator), 219 Fort Johnson Road, Charleston, SC 29412, has been issued a modification to scientific research Permit No. 13599.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2010-0083 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.
Proposed Issuance of Incidental Take Permits to the Washington Department of Fish and Wildlife for State of Washington Wildlife Areas
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), collectively the Services, advise interested parties of our intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an environmental impact statement (EIS) related to incidental take permit (ITP) applications from the Washington Department of Fish and Wildlife (WDFW) for incidental take of species listed under the Endangered Species Act (ESA), as well as unlisted species should they become listed during the term of the proposed permit. The WDFW has identified specific land management and recreation activities that currently occur on state Wildlife Areas that may cause incidental take. In support of the ITP applications, the WDFW is proposing to implement a habitat conservation plan (HCP) on approximately 900,000 acres of their state Wildlife Areas. The term of the proposed HCP and ITP's will occur after the public scoping process.
Notice of Intent To Establish the President's Emergency Plan for AIDS Relief (PEPFAR) Scientific Advisory Board, Hereinafter Referred to as “the Board”
This is a notice of intent to establish The President's Emergency Plan for AIDS Relief (PEPFAR) Scientific Advisory Board, hereinafter referred to as ``the Board.'' The Board serves the Global AIDS Coordinator (``the Coordinator'') in a solely advisory capacity concerning scientific, implementation, and policy issues related to the global response to HIV/AIDS. These issues will be of concern as they influence the priorities and direction of PEPFAR evaluation and research, the content of national and international strategies and implementation, and the role of PEPFAR in the international discourse regarding appropriate and resourced responses. The Board will be composed of 25 to 30 members appointed by the Coordinator, representing U.S. Government and non-U.S. Government personnel. The membership will be representative of the HIV/AIDS community, academia, international experts, partner government representatives, multilateral and bilateral agency representatives, foundations, advocates, and non-governmental organizations. Members who are not U.S. employees will be representative members. Public notice of all meetings of the Panel will be provided in the Federal Register in accordance with the FACA.
Marine Fisheries Advisory Committee; Public Meetings
Notice is hereby given of a meeting of the Marine Fisheries Advisory Committee (MAFAC). This will be the second meeting to be held in the calendar year 2010. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.
Taking and Importing Marine Mammals; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida
NMFS has received an application from the U.S. Department of the Air Force, Headquarters 96th Air Base Wing (U.S. Air Force), Eglin Air Force Base (Eglin AFB) for authorization to take marine mammals, by Level B harassment, incidental to Naval Explosive Ordnance Disposal School (NEODS) training operations, military readiness activities, at Eglin AFB, FL from approximately December, 2010, to November, 2015. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern the requested take and requesting information, suggestions, and comments on its proposed regulations. NMFS issued annual Incidental Harassment Authorizations pursuant to the MMPA for similar specified activities in 2005, 2006, 2007, and 2008. No activities have occurred to date.
Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2012) Visa Program
This public notice provides information on how to apply for the DV-2012 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(I) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)).
Exchange Visitor Program-Fees and Charges
The U.S. Department of State (Department) is proposing to revise its Fees and Charges assessed for providing Exchange Visitor Program (EVP) services to recoup the Department's costs associated with operating all aspects of the Exchange Visitor Program.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
EPA is finalizing a limited approval and limited disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on December 9, 2009 and concerns oxides of nitrogen (NOX) emissions from solid fuel fired boilers, steam generators and process heaters. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies.
Enforcement Action Plan for Promotion and Advertising Restrictions; Availability
The Food and Drug Administration (FDA) is announcing the availability of a document entitled ``Enforcement Action Plan for Promotion and Advertising Restrictions'' (Enforcement Action Plan), which describes FDA's plan to enforce the restrictions on promotion and advertising of menthol and other cigarettes to youth and other requirements relating to tobacco product promotion and advertising established by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). As described in the Enforcement Action Plan, FDA intends to use a multipronged approach that includes surveillance, inspections, enforcement actions, and education to enforce and facilitate compliance with these restrictions and requirements. The Enforcement Action Plan includes provisions designed to ensure enforcement of the restrictions on promotion and advertising of menthol and other cigarettes to youth in minority communities. The Enforcement Action Plan will serve to satisfy FDA's obligation under the Tobacco Control Act. As described in this notice, FDA is publishing the Enforcement Action Plan on its Web site and providing copies upon request.
Single-Ingredient Oral Colchicine Products; Enforcement Action Dates
The Food and Drug Administration (FDA or agency) is announcing its intention to take enforcement action against unapproved single- ingredient oral colchicine products and persons\1\ who manufacture or cause the manufacture of such products or their shipment in interstate commerce. Unapproved single-ingredient oral colchicine products have been associated with serious adverse events, including fatalities. Single-ingredient oral colchicine products are new drugs that require approved applications because they are not generally recognized as safe and effective. Currently one firm has obtained approved applications to market single-ingredient oral colchicine for the treatment of acute gout flares, prophylaxis of gout flares, and prophylaxis of attacks of Familial Mediterranean Fever (FMF). All other manufacturers who wish to market single-ingredient oral colchicine products for these or other indications must obtain FDA approval of a new drug application (NDA) or an abbreviated new drug application (ANDA).
Designation of Areas for Air Quality Planning Purposes; State of Arizona; Pinal County; PM10
Pursuant to section 107(d)(3) of the Clean Air Act, EPA is proposing to redesignate from ``unclassifiable'' to ``nonattainment'' an area generally covering the western half of Pinal County, Arizona, for the 1987 national ambient air quality standard for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10), and therefore also proposing to revise the boundaries of the existing ``rest of state'' unclassifiable area. EPA's proposal to establish this new PM10 nonattainment area, referred to as ``West Pinal,'' is based on numerous recorded violations of the PM10 standard at various monitoring sites within the county. EPA's proposed boundaries would encompass all land geographically located within Pinal County west of the north-south line defined by the boundary between Townships 10E and 11E, but excluding the main reservation of the Tohono O'odham Nation (TON) and excluding the Apache Junction portion of the existing Phoenix PM10 nonattainment area. San Carlos Apache lands, which are located in the eastern quarter of the county, would be excluded from the proposed nonattainment area along with the rest of the eastern half of the county. If finalized as proposed, the new ``West Pinal'' PM10 nonattainment area would be classified as ``moderate'' by operation of law. The effect of this action would be to establish and delineate a new PM10 nonattainment area within Pinal County and thereby to impose certain planning requirements on the State of Arizona to reduce PM10 concentrations within this area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan that provides for attainment of the PM10 standard as expeditiously as practicable but no later than the end of the sixth calendar year after redesignation. Lastly, EPA is deferring action on the status of certain tribal lands located within this area, including the tribal lands of the Ak-Chin Indian Community and the Gila River Indian Community, as well as TON's Florence Village and San Lucy Farm, pending further consultation with the affected tribes.
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