Monday, October 27, 2008

Environmental Federal Register, Vol. 73, No. 208, October 27, 2008

Federal Register
Vol. 73, No. 208
Monday, October 27, 2008
 
 
There are 8 announcements in this issue
 
    1. TOXICS, WATER - ND. EPA. Notice of Data Availability: The Toxicity of Selenium to Aquatic Life as Related to Developing a Recommended Aquatic Life Criterion
 
    2. ALL - NM/ND. EPA. National Advisory Council for Environmental Policy and Technology
 
    3. ENERGY/Nuclear - FR. DOE/FERC. Mandatory Reliability Standard for Nuclear Plant Interface Coordination
 
    4. WILDLIFE - PR. DOI/FWS, DOC/NMFS - Interagency Cooperation Under the Endangered Species Act; Draft Environmental Assessment on proposed rule revising regulations implementing section 7 of the Endangered Species Act (ESA)
 
    5. LAND - NM. USDA/Forest Service. Roadless Area Conservation National Advisory Committee
 
    6. HAZ, TOXICS - ND. DOC/Bureau of Industry and Security. Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving ``Schedule 1'' Chemicals Through Calendar Year 2008
 
    7. ENERGY/Nuclear - NM. NRC. Advisory Committee on Reactor Safeguards
 
    8. TOXICS - FR/Correction. USDA/Animal and Plant Health Inspection Service. Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List
  
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 
 

ANNOUNCEMENT 1


Subject: TOXICS, WATER - ND. EPA. Notice of Data Availability: The Toxicity of Selenium to Aquatic Life as Related to Developing a Recommended Aquatic Life Criterion
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]              
[Page 63706-63707]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-OW-FRL-8730-5]

Notice of Data Availability: The Toxicity of Selenium to Aquatic
Life as Related to Developing a Recommended Aquatic Life Criterion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) announces the
availability of a technical report titled ``Effect of Selenium on
Juvenile Bluegill Sunfish at Reduced Temperature.'' It describes the
results from testing the toxicity of selenium to juvenile bluegill
sunfish under winter temperature conditions. EPA is also making
available a list of ``References for Selenium Chronic Toxicity Data
Obtained Since 2004'', indicating other information that EPA has
recently obtained. EPA may use the information announced here in the
derivation of a selenium water quality criterion for protection of
aquatic life.

DATES: Scientific information and views on the material cited herein
should be submitted by November 26, 2008. Scientific views postmarked
after this date might not be considered.

ADDRESSES: If you wish to submit information relevant to the material
announced, you may do so by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting scientific views.
    E-mail: OW-Docket@epa.gov.
    Mail: U.S. Environmental Protection Agency; EPA Docket
Center (EPA/DC) Water Docket, MC 2822T; 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
    Hand Delivery: EPA Docket Center, 1301 Constitution Ave.,
NW., EPA West, Room 3334, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
  
FOR FURTHER INFORMATION CONTACT: Charles Delos, delos.charles@epa.gov
or postal address, Mail Code 4304T, U.S. EPA, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
 
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ANNOUNCEMENT 2


Subject: ALL - NM/ND. EPA. National Advisory Council for Environmental Policy and Technology
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]              
[Page 63709-63710]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8734-1]

National Advisory Council for Environmental Policy and Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting; Request for Comments.

-----------------------------------------------------------------------

SUMMARY: Notice of Meeting--Under the Federal Advisory Committee Act,
Public Law 92463, EPA gives notice of a meeting of the National
Advisory Council for Environmental Policy and Technology (NACEPT).
NACEPT provides advice to the EPA Administrator on a broad range of
environmental policy, technology, and management issues. NACEPT is a
committee of individuals who represent diverse interests from academia,
industry, non-governmental organizations, and local, state, and tribal
governments.
    The purpose of the meeting is to discuss the draft findings from
NACEPT's 20th anniversary report, sustainable water infrastructure,
biofuels, EPA's 2009-2014 Strategic Plan Change Document, and EPA's
Draft Information Access Strategy. A copy of the agenda for the meeting
will be posted at http://www.epa.gov/ocem/nacept/cal-nacept.htm.
    Request for Comments--In recognition of its 20th anniversary in
2008, NACEPT is preparing two reports that seek to: (1) Identify the
issues and challenges EPA will face and should focus on over the next
5-10 years (``prospective report''), and (2) review NACEPT's activities
and accomplishments during its 20-year history (``retrospective
report'').
    For the prospective report (1 above), EPA has begun
gathering input on the following ten questions about future
environmental issues and trends and EPA's role in addressing them.
    1. What do you consider to be the most influential long-term trends
or forces (whether social, economic, technological, or otherwise) that
are most likely to impact the environment over the next ten years?
    2. What is your opinion on whether EPA is adequately addressing
these trends or developments?
    3. What steps could EPA take to improve its ability to anticipate
and address these trends and related issues?
    4. What do you consider to be the top environmental issues or
challenges that the EPA must address in the next 10 years?
    5. What might limit the Agency's ability to respond to the
identified issues?
    6. What are some specific steps that the Agency could take to
respond to the issues and overcome the constraints?
    7. What might the Agency look like ten years from now and what
major changes in the way the Agency currently operates should be
implemented now to achieve this ten year vision?
    8. Over the next ten years, how would you define success for the
EPA?
    9. What measures would indicate success or failure for the Agency
in the next ten years?
    10. Is there anything else that you would like to add?
    The initial findings that have emerged from the input received thus
far include the following:
    Climate change presents a challenge that will require
substantial EPA involvement over the next ten years and beyond.
    EPA does or should play a pivotal role as the nation's
leading source of environmental science and technology and should
foster collaborative and cooperative relationships with all public and
private sector interests.
    Some factors that will influence the degree to which EPA
is successful over the next ten years remain largely beyond the
Agency's control.
    The draft prospective report will be posted at http://epa.gov/ocem/
nacept/reports/index.html
. You may send your comments to Sonia Altieri
at the contact information listed below. EPA will review the comments
received, but will not respond to individual comments.

DATES: NACEPT will hold a two-day meeting on Thursday, November 13,
2008, from 9:30 a.m. to 6:30 p.m. and Friday, November 14, 2008, from
8:30 a.m. to 2 p.m.

ADDRESSES: The meeting will be held at the Gaylord National Resort and
Convention Center, 201 Waterfront Street, National Harbor, MD 20745.
The meeting is open to the public, with limited seating on a first-
come, first-served basis.

FOR FURTHER INFORMATION CONTACT: Sonia Altieri, Designated Federal
Officer, altieri.sonia@epa.gov, (202) 564-0243, U.S. EPA, Office of
Cooperative Environmental Management (1601M), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
 
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ANNOUNCEMENT 3


Subject: ENERGY/Nuclear - FR. DOE/FERC. Mandatory Reliability Standard for Nuclear Plant Interface Coordination
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Rules and Regulations]              
[Page 63769-63794]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM08-3-000; Order No. 716]

Mandatory Reliability Standard for Nuclear Plant Interface
Coordination

Issued October 16, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to section 215 of the Federal Power Act (FPA), the
Commission approves the Nuclear Plant Interface Coordination
Reliability Standard developed by the North American Electric
Reliability Corporation (NERC). In addition, pursuant to section
215(d)(5) of the FPA, the Commission directs NERC to develop a
modification to the Reliability Standard to address a specific concern.
The Reliability Standard requires a nuclear plant generator operator
and its suppliers of back-up power and related transmission and/or
distribution services to coordinate concerning nuclear licensing
requirements for safe nuclear plant operation and shutdown and system
operating limits. The Commission also approves four related definitions
for addition to the NERC Glossary of Terms, and directs various changes
to proposed violation risk factors, which measure the potential impact
of violations of the Reliability Standard on the reliability of the
Bulk-Power System.

DATES: Effective Dates: The final rule will become effective November
26, 2008.

FOR FURTHER INFORMATION CONTACT:
Robert Snow (Technical Information), Office of Electric Reliability,
Division of Reliability Standards, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
6716;
Michael Gandolfo (Technical Information), Office of Electric
Reliability, Division of Reliability Standards, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-6817;
Richard M. Wartchow (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8744;
Christy Walsh (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-6523.
 
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ANNOUNCEMENT 4


Subject: WILDLIFE - PR. DOI/FWS, DOC/NMFS - Interagency Cooperation Under the Endangered Species Act; Draft Environmental Assessment on proposed rule revising regulations implementing section 7 of the Endangered Species Act (ESA)
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Proposed Rules]              
[Page 63667-63668]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 402

[FWS-R9-ES-2008-0093]
RIN 1018-AT50

DEPARTMENT OF COMMERE

National Marine Fisheries Service

50 CFR Part 402

[0808011023-81048-01]
RIN 0618-AX15

Interagency Cooperation Under the Endangered Species Act

AGENCIES: U.S. Fish and Wildlife Service, Interior; National Marine
Fisheries Service, Commerce.

ACTION: Proposed rule; availability of Draft Environmental Assessment
on proposed rule revising regulations implementing section 7 of the
Endangered Species Act (ESA).

-----------------------------------------------------------------------
SUMMARY: The United States Fish and Wildlife Service (FWS) and the
National Marine Fisheries Service (NMFS) (collectively, ``Services'' or
``we'') previously proposed to amend regulations governing interagency
cooperation under the Endangered Species Act of 1973 (Act) (73 FR
47868-47875; August 15, 2008).
    The Services proposed these regulatory changes to improve the
effectiveness and efficiency of the section 7(a)(2) consultation
process. This Federal Register notice advises the public that we (FWS
and NOAA) have prepared a Draft Environmental Assessment (Draft EA)
under the National Environmental Policy Act (NEPA) that assesses the
potential environmental effects of the proposed regulatory changes
currently under consideration. The Draft EA is available for public
review at the following Web site: http://www.doi.gov/issues/esa.html.

DATES: To ensure consideration, we must receive written comments by
November 6, 2008.

ADDRESSES: Comments may be submitted in two ways: (1) Through the
Federal eRulemaking Portal at http://www.regulations.gov. Follow the
instructions on the Web site for submitting comments; or (2) by U.S.
mail or hand-delivery to Public Comment Processing, Attention: 1018-
AT50, Division of Policy and Directives Management, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203. We will not accept e-mail or faxes.
    Our practice is to make comments, including names and home
addresses of respondents, available for public review. Individual
respondents may request that we withhold their home address from public
disclosure, which we will honor to the extent allowable by law. If you
wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public disclosure in their entirety.

FOR FURTHER INFORMATION CONTACT: Office of the Assistant Secretary for
Fish and Wildlife and Parks, 1849 C Street, NW., Washington, DC 20240,
telephone: 202-208-4416; or James H. Lecky, Director, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910; telephone: 301-713-2332.
 
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ANNOUNCEMENT 5


Subject: LAND - NM. USDA/Forest Service. Roadless Area Conservation National Advisory Committee
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]              
[Page 63674]

DEPARTMENT OF AGRICULTURE

Forest Service

Roadless Area Conservation National Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Roadless Area Conservation National Advisory Committee
will meet in Washington, DC. The purpose of the meeting is to discuss
the proposed rule for the management of roadless areas on National
Forest System lands in the State of Colorado and to discuss other
related roadless area matters.

DATES: The meeting will be held November 18 and November 19, 2008, from
9 a.m. to 5 p.m. each day.

ADDRESSES: The meeting will be held at the Forest Service, Sidney
R.Yates Building, 201 14th Street, SW., Washington, DC. Written
comments concerning this meeting should be addressed to Forest Service,
U.S. Department of Agriculture, EMC, Jessica Call, 201 14th Street,
SW., Mailstop 1104, Washington, DC 20024. Comments may also be sent via
e-mail to jessicacall@fs.fed.us, or via facsimile to 202-205-1012. All
comments, including names and addresses when provided, are placed in
the record and are available for public inspection and copying. The
public may inspect comments received at the Forest Service, Sidney
R.Yates Building, 201 14th Street, SW., Washington, DC. Visitors are
encouraged to call ahead to 202-205-1056 to facilitate entry into the
building.

FOR FURTHER INFORMATION CONTACT: Jessica Call, Roadless Area
Conservation National Advisory Committee (RACNAC) Coordinator, at
jessicacall@fs.fed.us or 202-205-1056.
    Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
 
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ANNOUNCEMENT 6


Subject: HAZ, TOXICS - ND. DOC/Bureau of Industry and Security. Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving ``Schedule 1'' Chemicals Through Calendar Year 2008
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]              
[Page 63681-63682]

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 0810071328-81331-01]

Impact of Implementation of the Chemical Weapons Convention on
Commercial Activities Involving ``Schedule 1'' Chemicals Through
Calendar Year 2008

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is seeking public
comments on the impact that implementation of the Chemical Weapons
Convention, through the Chemical Weapons Convention Implementation Act
and the Chemical Weapons Convention Regulations, has had on commercial
activities involving ``Schedule 1'' chemicals during calendar year
2008. The purpose of this notice of inquiry is to collect information
to assist BIS in its preparation of the annual certification to the
Congress, which is required under Condition 9 of Senate Resolution 75,
April 24, 1997, in which the Senate gave its advice and consent to the
ratification of the Chemical Weapons Convention.

DATES: Comments must be received by November 26, 2008.

ADDRESSES: You may submit comments by any of the following methods:
    E-mail: wfisher@bis.doc.gov. Include the phrase ``Schedule
1 Notice of Inquiry'' in the subject line;
    Fax: (202) 482-3355 (Attn: Willard Fisher);
    Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: For questions on the Chemical Weapons
Convention requirements for ``Schedule 1'' chemicals, contact James
Truske, Treaty Compliance Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry and Security, U.S. Department of
Commerce, Phone: (202) 482-1001. For questions on the submission of
comments, contact Willard Fisher, Regulatory Policy Division, Office of
Exporter Services, Bureau of Industry and Security, U.S. Department of
Commerce, Phone: (202) 482-2440.

 
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ANNOUNCEMENT 7


Subject: ENERGY/Nuclear - NM. NRC. Advisory Committee on Reactor Safeguards
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]              
[Page 63740-63741]

NUCLEAR REGULATORY COMMISSION

Advisory Committee on Reactor Safeguards

    In accordance with the purposes of Sections 29 and 182b of the
Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on
Reactor Safeguards (ACRS) will hold a meeting on November 6-8, 2008,
11545 Rockville Pike, Rockville, Maryland. The date of this meeting was
previously published in the Federal Register on Monday, October 22,
2007 (72 FR 59574).

Thursday, November 6, 2008, Conference Room T-2b3, Two White Flint
North, Rockville, Maryland

 
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ANNOUNCEMENT 8


Subject: TOXICS - FR/Correction. USDA/Animal and Plant Health Inspection Service. Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List
 
[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Rules and Regulations]              
[Page 63621]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 331

9 CFR Part 121

[Docket No. APHIS-2007-0033]
RIN 0579-AC53

Agricultural Bioterrorism Protection Act of 2002; Biennial Review
and Republication of the Select Agent and Toxin List

Correction

    In rule document E8-23887 beginning on page 61325 in the issue of
Thursday, October 16, 2008, make the following correction:
    On page 61329, in the first column, in the second line, ``By April
14, 2008'' should read ``By April 14, 2009''.

 
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