July 2011 – Federal Register Recent Federal Regulation Documents

We, the Fish and Wildlife Service (Service), announce a 12- month finding on a petition to list the frigid ambersnail (Catinella gelida) under the Endangered Species Act of 1973, as amended (Act). After reviewing all available scientific and commercial information, we find that listing the frigid ambersnail is not warranted because currently living individuals that were identified as frigid ambersnails do not constitute a unique and valid, currently living taxon; therefore, it is not considered to be a listable entity under the Act.

We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh shepherd's purse with roots from the Republic of Korea into the United States under a combination of mitigations to reduce the risk of introducing plant pests. As a condition of entry, the shepherd's purse will have to be produced in accordance with a systems approach that will include requirements for importation of commercial consignments, pest-free place of production, removal of soil, and inspection for quarantine pests by the national plant protection organization of the Republic of Korea. The shepherd's purse will also have to be accompanied by a phytosanitary certificate with an additional declaration stating that it was grown, packed, and inspected and found to be free of pests in accordance with the regulations. This action will allow the importation of fresh shepherd's purse with roots from the Republic of Korea while continuing to protect against the introduction of plant pests into the United States.

We are advising the public that a risk analysis has been prepared by the Animal and Plant Health Inspection Service concerning the foot-and-mouth disease (FMD) status of Japan and the risk of susceptible animals and animal products from Japan harboring the FMD virus. This evaluation will be used as a basis for determining whether the Animal and Plant Health Inspection again recognizes Japan as free of FMD and allows the importation of whole cuts of boneless beef from Japan to resume. Other ruminant meat and meat byproducts, as well as fresh pork, live ruminants, and live swine, would remain prohibited due to Japan's status for bovine spongiform encephalopathy, classical swine fever, and swine vesicular disease. We are making this evaluation available to the public for review and comment.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with training related to animal diseases.

We are adopting as a final rule, with one change, an interim rule that amended the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. Specifically, the interim rule added portions of the Buckeye/Pretoria area of Maricopa County, AZ, to the list of regulated areas and removed Throckmorton and Young Counties, TX, portions of Riverside County, CA, and certain areas in La Paz, Maricopa, and Pinal Counties, AZ, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. The interim rule was necessary to prevent the spread of Karnal bunt to noninfected areas of the United States and to relieve restrictions on certain areas that are no longer necessary. In the interim rule, we inadvertently removed two areas in Maricopa County, AZ, from the list of regulated areas. We are returning those areas to the list in this final rule.

Bisphenol A (BPA) (Chemical Abstracts Service Registry Number (CASRN) 80-05-7), a high production volume (HPV) chemical, is a reproductive, developmental, and systemic toxicant in animal studies and is weakly estrogenic. EPA is providing this ANPRM to request comment on requiring toxicity testing to determine the potential for BPA to cause adverse effects, including endocrine-related effects, in environmental organisms at low concentrations. EPA is also seeking comment on requiring environmental testing consisting of sampling and monitoring for BPA in surface water, ground water, drinking water, soil, sediment, sludge, and landfill leachate in the vicinity of expected BPA releases to determine whether environmental organisms may currently be exposed to concentrations of BPA in the environment that are at or above levels of concern for adverse effects, including endocrine-related effects. This ANPRM is directed only toward the environmental presence and environmental effects of BPA. EPA is working with the Department of Health and Human Services (HHS) on potential human health issues, but is not considering any additional testing specifically in regard to human health issues at this time.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) announces its intention to request that the Office of Management and Budget (OMB) renew OMB Control Number 1004-0201 for the paperwork requirements in 43 CFR parts 3900, 3910, 3920, and 3930, which pertain to management of oil shale.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA is announcing a limited reopening of the public comment period for the proposed rule entitled ``Approval and Promulgation of Air Quality Implementation Plans; State of Tennessee; Regional Haze State Implementation Plan.'' The proposed rule was initially published in the Federal Register on June 9, 2011. Written comments on the proposed rule were to be submitted to EPA on or before July 11, 2011 (30-day comment period). On June 29, 2011, and July 1, 2011, two Commenters requested that EPA extend the comment period for the June 9, 2011, Tennessee Regional Haze proposed rulemaking for 30 to 60 days in order to review the Cross-State Air Pollution Rule (CSAPR), which replaced the Clean Air Interstate Rule on July 6, 2011. The Commenters requested the extension in order to determine any potential impacts of the CSAPR on the June 9, 2011, proposed rule. EPA is now reopening the public comment period for 15 days from the date of publication of today's action for the limited purpose of public review and comment on the potential impacts of the final CSAPR on EPA's proposed rulemaking to approve Tennessee's Regional Haze State Implementation Plan (SIP).

This notice announces an administrative hearing to be held on September 13, 2011, at the CMS Chicago Regional Office, 233 N. Michigan Avenue, Suite 600, Chicago, IL 60601, to reconsider CMS' decision to disapprove Indiana SPA 11-011.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces the availability of the Draft Anacostia Park Wetland and Resident Canada Goose Management Plan/Environmental Impact Statement (Plan/DEIS) for Anacostia Park (Park), Washington, DC. The draft Plan/DEIS evaluates the impacts of several management alternatives that address managing wetlands and resident Canada geese at the Park. It also assesses the impacts that could result from continuing the current management framework in the no action alternative. The selected alternative will describe the wetland management and Canada goose management strategies that will guide future actions at the Park for 15 years.

The Wrangell-St. Elias National Park SRC and the Denali National Park SRC will meet to develop and continue work on National Park Service (NPS) subsistence program recommendations and other related subsistence management issues. The NPS SRC program is authorized under Title VIII, Section 808 of the Alaska National Interest Lands Conservation Act, Public Law 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4332(2)(C)), the National Park Service (NPS) will prepare an Environmental Assessment (EA) for an evaluation of alternatives to revitalize the Jefferson National Expansion Memorial (Memorial), St. Louis, Missouri. The proposed action involves physical changes to the Memorial grounds and facilities as a method for improving visitor access and experience, while better integrating the Memorial into the downtown St. Louis area. The NPS will use this EA process to engage the public through scoping, develop a range of reasonable alternatives for implementing the proposed action, and analyze the impacts of the alternatives. This notice initiates the scoping process for the EA and invites the public, government agencies, and other interested persons and organizations to provide comments. If at any point during the preparation of the EA the NPS determines that it is necessary to prepare an environmental impact statement (EIS) for this proposal, comments submitted during this scoping process will be considered in the development of the EIS.

This document corrects technical errors that appeared in the June 24, 2011 amendment to the interim final rules (76 FR 37208) entitled, ``Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review Processes.''

The FHWA is issuing this notice to advise the public that a Tier I Environmental Impact Statement (EIS) will be prepared for the proposed interstate conversion of U.S. Highway 41 in Milwaukee, Waukesha, Washington, Dodge, Fond du Lac, Winnebago, Outagamie, and Brown Counties, Wisconsin by WisDOT in conformance with 40 CFR part 1500 and the FHWA regulations. The Project: The FHWA, in cooperation with the WisDOT, will prepare a Tier 1 Environmental Impact Statement (EIS) for a proposal to convert U.S. Highway 41 (US 41) in Milwaukee, Waukesha, Washington, Dodge, Fond du Lac, Winnebago, Outagamie, and Brown Counties, Wisconsin, approximately 142 miles in length, from a principal arterial on the National Highway System to an Interstate Highway (IH). Under Sections 1304(b) and (c) of the Safe, Accountable, Flexible, Efficient, Transportation Equity ActA Legacy for Users (SAFETEA-LU) the 142-mile U.S. Highway 41 corridor between Interstate Route 94 via Interstate Route 894 and Highway 45 near Milwaukee and Interstate Route 43 near Green Bay was designated as a High Priority Corridor on the National Highway System and further, as a future part of the Interstate System. U.S. Highway 41 may be added to the Interstate System at such time as the Secretary determines that the segment meets the Interstate design standards in 23 U.S.C. 109(b). The proposed project is intended to address the requirements necessary to obtain FHWA concurrence to convert U.S. Highway 41 from a principal arterial to an Interstate Highway and officially sign the corridor as an Interstate facility. Improvements to upgrade the present US 41 corridor to interstate highway standards will be described in the Tier 1 EIS. The proposed improvements are intended to be environmentally sound. The proposed Tier 1 EIS project is intended to consider cumulative and indirect environmental impacts of the proposed IH system designation, including alternatives development and analysis. The Tier 1 environmental document will also inventory and document existing geometric, safety, operational and planning features, review existing geometric and safety standards and operational policy and standards, and determine the existing corridor's deficiencies as an Interstate facility. The Tier 1 EIS will be completed to a Record of Decision indicating a broad strategy for upgrading the existing corridor to IH standards. A scoping process will be initiated that involves all appropriate federal and state agencies. This will continue throughout the study as an ongoing process. A public information effort will be initiated in fall 2011 to include those agencies, local agencies, and private organizations and citizens who have previously expressed, or are known to have, interest in this proposal. This effort will also inform the public living in the study area. Public information meetings will be held across the study area to engage the regional community in the decision-making process and obtain public comment. In addition, public hearings will be held to present the findings of the Tier 1 EIS. Public notice will be given concerning the time and place of the informational meetings and public hearings. The Tier 1 EIS will be available for public and agency review and comment prior to the public hearings. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the Tier 1 EIS should be directed to FHWA or the Wisconsin Department of Transportation at the addresses provided under the heading FOR FURTHER INFORMATION CONTACT. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)

The Yavapai County Resource Advisory Committee (RAC) will meet in Prescott, Arizona. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110- 343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to orientate new committee members to the Secural Rural Schools Act, roles of members, guidelines for Title II, and the Federal Advisory Committee Act.

The Chequamegon Resource Advisory Committee will meet in Park Falls, Wisconsin. The committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L 110- 343) and in compliance with the Federal Advisory Committee Act. The purpose is to hold a meeting to review Title II projects and recommend funding of projects in accordance with Public Law 110-343.

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: Repetitive Transcranial Magnetic Stimulation Systems.'' This guidance document describes a means by which a repetitive transcranial magnetic stimulation (rTMS) system may comply with the requirement of special controls for class II devices. This guidance document is being immediately implemented as the special control for rTMS systems, but it remains subject to comment in accordance with the Agency's good guidance practices.

The Sabine Resource Advisory Committee will meet in Hemphill, Texas. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-343) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to discuss New Title II Project Proposals.