Tuesday, October 28, 2008

Environmental Federal Register, Vol. 73, No. 209, October 28, 2008

Federal Register
Vol. 73, No. 209
Tuesday, October 28, 2008
 
 
There are 9 announcements in this issue
 
    1. AIR, HAZ - FR/Reconsideration. EPA. NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors: Reconsideration
 
    2. ALL - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Tribal Capacity: Determining the Capability To Participate in the National Environmental Information Exchange Network; EPA ICR No. 2299.01, OMB Control No. 2025--New
 
    3. CLIMATE - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements Under EPA's Climate Leaders Partnership (Renewal); EPA ICR No. 2100.03, OMB Control No. 2060-0532
 
    4. ALL - ND. EPA. EPA Office of Children's Health Protection and Environmental Education Staff Office; Request for Nominations of Candidates for the National Environmental Education Advisory Council
 
    5. WILDLIFE - PR/Reopen Comment. DOI/FWS. Endangered and Threatened Wildlife and Plants; Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and Removing This Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife
 
    6. ALL - NM. Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation
 
    7. WATER - NF. DOC/NOAA. Announcement of Notice To Re-Solicit Proposals for the National Coastal and Estuarine Research and Technology Program (NCERT); Request for Resubmissions
 
    8. ENERGY/Nuclear - Presidential Determination No. 2009-6 of October 20, 2008; Certifications Pursuant to the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110-369)
 
    9. WILDLIFE - FR. USDA/Animal and Plant Health Inspection Service. Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish
 
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: AIR, HAZ - FR/Reconsideration. EPA. NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors: Reconsideration
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Rules and Regulations]              
[Page 64067-64097]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0022; FRL-8733-1]
RIN 2050-AG35

NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Waste Combustors: Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; reconsideration.

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SUMMARY: On October 12, 2005, EPA promulgated national emission
standards for hazardous air pollutants (NESHAP) for new and existing
sources at hazardous waste combustion facilities (the final rule).
Subsequently, the Administrator received four petitions for
reconsideration of the final rule. On March 23, 2006 and September 6,
2006, EPA granted reconsideration with respect to eight issues raised
by the petitions. After evaluating public comments submitted in
response to these reconsideration notices, we are taking final action
regarding the eight issues raised in the petitions for reconsideration.
EPA also re-opened the rule to consider comments relating to a post-
promulgation decision of the United States Court of Appeals for the
District of Columbia Circuit, and is responding in this proceeding to
the comments received on that notice, published on September 27, 2007.
As a result of this reconsideration process, we are revising the new
source standard for particulate matter for cement kilns and for
incinerators that burn hazardous waste. We are also making amendments
to the particulate matter detection system provisions and revisions to
the health-based compliance alternative for total chlorine of the final
rule. Finally, we are also issuing several corrections and
clarifications to the final rule.

DATES: The final rule is effective on October 28, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0022. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the HQ EPA Docket Center,
Docket ID No. EPA-HQ-OAR-2004-0022, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20004. This Docket Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The HQ EPA Docket Center telephone number is (202) 566-
1742. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744. A reasonable fee may be
charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For more information on this final
rule, contact Frank Behan at (703) 308-8476, or behan.frank@epa.gov,
Office of Solid Waste (MC: 5302P), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
 
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ANNOUNCEMENT 2


Subject: ALL - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Tribal Capacity: Determining the
Capability To Participate in the National Environmental Information Exchange Network; EPA ICR No. 2299.01, OMB Control No. 2025--New
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]              
[Page 63978-63979]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2008-0225; FRL-8735-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Tribal Capacity: Determining the
Capability To Participate in the National Environmental Information
Exchange Network; EPA ICR No. 2299.01, OMB Control No. 2025--New

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: 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 for a new
collection. The ICR, which is abstracted below, describes the nature of
the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before November 28,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-
2008-0225, to (1) EPA online using www.regulations.gov (our preferred
method), by e-mail to alvarez.karl@epa.gov, by mail to: EPA Docket
Center, Environmental Protection Agency, Tribal Capacity: Determining
the capability to participate in the National Environmental Information
Exchange Network Program, Environmental Protection Agency, MC 2823T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, or by hand delivery:
EPA Docket Center, EPA West Bldg., Room 3334, 1301 Constitution Ave.,
NW., Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information; and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Karl Alvarez of OEI/OIC/IESD/IEPB at
the Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (MC
2823-T), Washington, DC 20460; telephone number: (202) 566-0989; fax
number: (202) 566-1684; e-mail address: alvarez.karl@epa.gov.
 
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ANNOUNCEMENT 3


Subject: CLIMATE - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements Under
EPA's Climate Leaders Partnership (Renewal); EPA ICR No. 2100.03, OMB Control No. 2060-0532
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]              
[Page 63979-63980]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2002-0094; FRL-8735-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting Requirements Under
EPA's Climate Leaders Partnership (Renewal); EPA ICR No. 2100.03, OMB
Control No. 2060-0532

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: 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
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before November 28,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2002-0094, to (1) EPA online using www.regulations.gov (preferred
method), by e-mail to a-and-r-docket@epamail.epa.gov, or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket and Information Center, MC 6102T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Manuel J. Oliva, Climate Protection
Partnerships Division, Office of Atmospheric Programs, 6202J,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
343-9094; fax number: (202) 565-2134; e-mail address
oliva.manuel@epa.gov.
 
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ANNOUNCEMENT 4


Subject: ALL - ND. EPA. EPA Office of Children's Health Protection and Environmental Education Staff Office; Request for Nominations of Candidates for the
National Environmental Education Advisory Council
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]              
[Page 63980-63981]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8734-8]

EPA Office of Children's Health Protection and Environmental
Education Staff Office; Request for Nominations of Candidates for the
National Environmental Education Advisory Council

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency)
Office of Children's Health Protection and Environmental Education
Staff Office is soliciting applications of environmental education
professionals for consideration on the National Environmental Education
Advisory Council (NEEAC). There are currently two vacancies on the
Advisory Council that must be filled: one State Department of Education
(2009-2012); one Primary and Secondary Education (2009-2012).
Additional avenues and resources may be utilized in the solicitation of
applications.

DATES: Applications should be submitted by November 21, 2008 per
instructions below.

ADDRESSES: Submit non-electronic application materials to Ginger
Potter, Designated Federal Officer, National Environmental Education
Advisory Council, U.S. Environmental Protection Agency, Office of
Children's Health Protection and Environmental Education (MC:1704A),
1200 Pennsylvania Ave., NW., Washington, DC 20460, Ph: 202-564-0453,
FAX: 202-564-2754, e-mail: potter.ginger@epa.gov.

FOR FURTHER INFORMATION CONTACT: For information regarding this Request
for Nominations, please contact Ms. Ginger Potter, Designated Federal
Officer (DFO), EPA National Environmental Education Advisory Council,
at potter.ginger@epa.gov or (202) 564-0453. General information
concerning NEEAC can be found on the EPA web site at: http://
www.epa.gov/enviroed
.

 
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ANNOUNCEMENT 5


Subject: WILDLIFE - PR/Reopen Comment. DOI/FWS. Endangered and Threatened Wildlife and Plants; Designating the Northern Rocky Mountain Population of Gray Wolf as a Distinct Population Segment and Removing This Distinct Population Segment From the Federal List of Endangered and Threatened Wildlife
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Proposed Rules]              
[Page 63926-63932]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2008-008; 92220-1113-0000; ABC Code: C6]
RIN 1018-AW37

Endangered and Threatened Wildlife and Plants; Designating the
Northern Rocky Mountain Population of Gray Wolf as a Distinct
Population Segment and Removing This Distinct Population Segment From
the Federal List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: On February 8, 2007, we, the U.S. Fish and Wildlife Service
(Service), published a proposed rule to establish a distinct population
segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky
Mountains (NRM) of the United States and to remove the gray wolf in the
NRM DPS from the List of Endangered and Threatened Wildlife under the
Endangered Species Act of 1973, as amended (Act) (72 FR 6106). On
February 27, 2008, we issued a final rule establishing and delisting
the NRM gray wolf DPS (73 FR 10514). Several parties filed a lawsuit
challenging our final rule and asking to have it enjoined. On July 18,
2008, the U.S. District Court for the District of Montana enjoined the
Service's implementation of the final delisting rule, after concluding
that Plaintiffs were likely to prevail on merits of their claims. In
light of this decision, we asked the court to vacate the final rule and
remand it to us. On October 14, 2008, the court issued an order
vacating our February 27, 2008, final rule (73 FR 10514) and remanding
it back to the Service for further consideration.
    We announce the reopening of the comment period for our February 8,
2007, proposed rule (72 FR 6106). We now intend to reconsider our 2007
proposed rule and issue a new listing determination. We seek
information, data, and comments from the public regarding the 2007
proposal with an emphasis on new information relevant to this action,
the issues raised by the Montana District Court (described in more
detail below), and the issues raised by the September 29, 2008, ruling
of the U.S. District Court for the District of Columbia with respect to
the Western Great Lakes gray wolf DPS (also described in more detail
below). If you have previously submitted comments, please do not
resubmit them because we have already incorporated them in the public
record and will fully consider them in our final decision.

DATES: We request that comments on this proposal be submitted by the
close of business on November 28, 2008.

ADDRESSES: You may submit comments by one of the following methods:
    Federal eRulemaking Portal: http:// www.regulations.gov.
Follow the instructions for submitting comments.
    U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AW37; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.

We will not accept e-mail or faxes. We will post all comments on http:/
/www.regulations.gov
. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).

FOR FURTHER INFORMATION CONTACT: Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, 585 Shepard Way,
Helena, MT 59601 or telephone (406) 449-5225, extension 204.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at 1-800-877-8337 for TTY assistance.
 
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ANNOUNCEMENT 6


Subject: ALL - NM. Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]              
[Page 63997]


MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY FOUNDATION

Sunshine Act Meetings

Time and Date: 9 a.m. to 12 p.m., Friday, November 14, 2008.

Place: The offices of the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation, 130 South Scott Avenue,
Tucson, AZ 85701.

Status: This meeting will be open to the public, unless it is necessary
for the Board to consider items in executive session.

Matters to be Considered: (1) A report on the U.S. Institute for
Environmental Conflict Resolution; (2) A report from the Udall Center
for Studies in Public Policy; (3) A report on the Native Nations
Institute; (4) Program Reports; and (5) A Report from the Management
Committee.

Portions Open to the Public: All sessions with the exception of the
session listed below.

Portions Closed to the Public: Executive session.

Contact Person for More Information: Ellen K. Wheeler, Executive
Director, 130 South Scott Avenue, Tucson, AZ 85701, (520) 901-8500.

 
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ANNOUNCEMENT 7


Subject: WATER - NF. DOC/NOAA. Announcement of Notice To Re-Solicit Proposals for the National Coastal and Estuarine Research and Technology Program (NCERT); Request for Resubmissions
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]              
[Page 63952-63953]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Announcement of Notice To Re-Solicit Proposals for the National
Coastal and Estuarine Research and Technology Program (NCERT)

AGENCY: Estuarine Reserves Division, Office of Ocean and Coastal
Resource Management, National Ocean Service, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce.

ACTION: Notice of National Coastal and Estuarine Research and
Technology Program: Request for Resubmissions.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA)
publishes this notice to re-solicit proposals for the National Coastal
and Estuarine Research and Technology Program (NCERT). This notice
provides further information regarding the Summary Description, Program
Priorities, Funding Availability, and the Review and Selection Process
for the program. Any proposals that were submitted to the initial
solicitation must be re-submitted by the new deadline to be considered
for an award. New proposals are also eligible for funding.

DATES: Applications must be received by 5 p.m. Eastern Time on December
8, 2008. Applications received after the deadline will be returned to
the sender without further consideration. No facsimile or electronic
mail applications will be accepted.

Addresses for Submitting Proposals: Applications must be submitted
through http://www.grants.gov, unless an applicant does not have
Internet access. In that case, hard copies with original signatures may
be sent to Marie Bundy, 1305 East-West Highway, N/ORM5, SSMC4 10542,
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Marie Bundy, 1305 East-West Highway,
N/ORM5, SSMC4 10542, Silver Spring, MD 20910; or by Phone at (301) 713-
3155 ext. 101, or fax at (301) 713-4012, or via E-mail at
marie.bundy@noaa.gov.

 
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ANNOUNCEMENT 8


Subject: ENERGY/Nuclear - Presidential Determination No. 2009-6 of October 20, 2008; Certifications Pursuant to the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110-369)
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Presidential Documents]              
[Page 63841]  
                        Presidential Documents
Title 3--
The President

                Presidential Determination No. 2009-6 of October 20,
                2008
 
                Certifications Pursuant to the United States-
                India Nuclear Cooperation Approval and Nonproliferation
                Enhancement Act (Public Law 110-369)

                Memorandum for the Secretary of State

                Pursuant to section 102(c) and section 204(a) of the
                United States-India Nuclear Cooperation Approval and
                Nonproliferation Enhancement Act, I hereby certify
                that:
1.

Entry into force and implementation of the United States-India Agreement
for Cooperation on Peaceful Uses of Nuclear Energy pursuant to its terms is
consistent with the obligation of the United States under the Treaty on the
Non-Proliferation of Nuclear Weapons not in any way to assist, encourage,
or induce India to manufacture or otherwise acquire nuclear weapons or
other nuclear explosive devices; and

2.

It is the policy of the United States to work with members of the Nuclear
Suppliers Group, individually and collectively, to agree to further
restrict the transfers of equipment and technology related to the
enrichment of uranium and reprocessing of spent nuclear fuel.
 
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ANNOUNCEMENT 9


Subject: WILDLIFE - FR. USDA/Animal and Plant Health Inspection Service. Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish
 
[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Rules and Regulations]              
[Page 63867]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 83, and 93

[Docket No. APHIS-2007-0038]
RIN 0579-AC74

Viral Hemorrhagic Septicemia; Interstate Movement and Import
Restrictions on Certain Live Fish

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; delay of effective date.

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SUMMARY: On September 9, 2008, we published an interim rule in the
Federal Register (73 FR 52173-52189) to restrict the interstate
movement and importation into the United States of live fish that are
susceptible to viral hemorrhagic septicemia, a highly contagious
disease of certain freshwater and saltwater fish. That interim rule was
scheduled to become effective on November 10, 2008. We are delaying the
effective date of the interim rule until January 9, 2009. This delay
will provide APHIS with time to consider all comments and make some
adjustments to the interim rule that may be necessary in order to
successfully implement it.

DATES: The effective date for the interim rule amending 9 CFR parts 71,
83, and 93, published at 73 FR 52173-52189 on September 9, 2008, is
delayed until January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. P. Gary Egrie, Senior Staff
Veterinary Medical Officer, National Center for Animal Health Programs,
VS, APHIS, 4700 River Road Unit 46, Riverdale, MD 20737-1231; (301)
734-0695; or Dr. Peter L. Merrill, Senior Staff Veterinarian, National
Center for Import and Export, VS, APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 734-8364.
 
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