Wednesday, October 29, 2008

Environmental Federal Register, Vol. 73, No. 210, October 29, 2008

Federal Register
Vol. 73, No. 210
Wednesday, October 29, 2008
 
There are 15 announcements in this issue
 
    1. TOXICS - ORDER. EPA. Carbaryl; Order Denying NRDC's Petition to Revoke Tolerances
 
    2. TOXICS - FR. EPA. Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
 
    3. TOXICS - FR. EPA. Pyrimethanil; Pesticide Tolerances
 
    4. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Coke Oven Batteries (Renewal), EPA ICR Number 1362.08, OMB Control Number 2060-0253
 
    5. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Metal Coil Surface Coating, EPA ICR Number 0660.10, OMB Control Number 2060-0107
 
    6. TOXICS - ND. EPA. Carbaryl RED Amendment and Response to Petition to Cancel Registrations; Notice of Availability
 
    7. TOXICS - NM/Correction. EPA. Draft Toxicological Review of Tetrachloroethylene (Perchloroethylene): In Support of the Summary Information in the Integrated Risk Information System (IRIS); Correction
 
    8. TOXICS - ND. EPA. Ethylene Oxide; Preliminary Determination to Terminate Special Review
 
    9. TOXICS - ND. [Several Pesticide Registration & Related Announcements Were Omitted From Today Report. ]
 
  10. LAND - ND. USDA/Forest Service. Sale and Disposal of National Forest System Timber; Downpayment and Periodic Payments
 
  11. HAZ - PR. DHS. Secure Handling of Ammonium Nitrate Program
 
  12. ENERGY - FR/Delay. DOI/MMS. Royalty Relief for Deepwater Outer Continental Shelf Oil and Gas Leases--Conforming Regulations to Court Decision
 
  13. WILDLIFE - FR. DOC/NOAA. Endangered and Threatened Species; Conservation of Threatened Elkhorn and Staghorn Corals
 
  14. HAZ/Nuclear - NM. Applachian States Low-Level Radioactive Waste Commission
 
  15. WATER, TRANSPORT - FR/Delay. DHS/Coast Guard. Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Captain of the Port Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie
        

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 - ORDER. EPA. Carbaryl; Order Denying NRDC's Petition to Revoke Tolerances
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64229-64246]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0347; FRL-8388-1]

Carbaryl; Order Denying NRDC's Petition to Revoke Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Order.

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SUMMARY: In this Order, EPA denies a petition requesting that EPA
revoke all pesticide tolerances for carbaryl under section 408(d) of
the Federal Food, Drug, and Cosmetic Act (FFDCA). The petition was
filed on January 10, 2005, by the Natural Resources Defense Council
(NRDC).

DATES: This Order is effective October 29, 2008. Objections and
requests for hearings must be received on or before December 29, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0347. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure 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 in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: 703-308-2201; e-mail
address: scheltema.christina@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64215-64228]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 156 and 165

[EPA-HQ-OPP-2005-0327; FRL-8387-2]
RIN A2070-AJ37

Pesticide Management and Disposal; Standards for Pesticide
Containers and Containment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: With this final rule, EPA is amending the pesticide container
and containment regulations, which provide for the safe storage and
disposal of pesticides as a means of protecting human health and the
environment pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This final rule extends the labeling
compliance date from August 17, 2009 to August 17, 2010; changes the
phrase ``sold or distributed'' to ``released for shipment'' as
associated with all of the compliance dates; provides certain
exceptions to label language requirements; allows for waivers of
certain label requirements; and makes various minor editorial changes.
In addition, the Agency is amending 40 CFR part 152 by establishing a
definition for ``released for shipment.''

DATES: This final rule is effective December 29, 2008.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0327. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Jeanne Kasai, Field and External
Affairs Division (FEAD) (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-3240; fax number: (703) 308-2962; e-
mail address: kasai.jeanne@epa.gov, or Nancy Fitz, FEAD (7506P), OPP,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-7385; fax
number: (703) 308-2962; e-mail address: fitz.nancy@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. Pyrimethanil; Pesticide Tolerances
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64246-64252]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0609; FRL-8384-7]

Pyrimethanil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends the tolerances in the 40 CFR 180.518
for residues of the fungicide, pyrimethanil, 4,6-dimethyl-N-phenyl-2-
pyrimidinamine, in or on pome fruit crop group 11, establishes
tolerances for the residues of pyrimethanil in or on apple wet pomace,
and amends the tolerances for residues of pyrimethanil
and its metabolites in or on milk, kidney of cattle, goat, horse and
sheep. Pace International, LLC requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 29, 2008. Objections and
requests for hearings must be received on or before December 29, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0609. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tamue L. Gibson, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-9096; e-mail address: gibson.tamue@epa.gov.
 
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ANNOUNCEMENT 4


Subject: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Coke Oven Batteries
(Renewal), EPA ICR Number 1362.08, OMB Control Number 2060-0253
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64314-64316]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0297; FRL-8736-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Coke Oven Batteries
(Renewal), EPA ICR Number 1362.08, OMB Control Number 2060-0253

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

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

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0297, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by email to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
1201T, 2200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: 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: Mar[iacute]a Malav[eacute], Compliance
Assessment and Media Programs Division, Mail Code 2223A, Office of
Compliance, Environmental ProtectionAgency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone number: (202) 564-7027; fax
number: (202) 564-0050; e-mail address: malave.maria@epa.gov.

 
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ANNOUNCEMENT 5


Subject: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Metal Coil Surface
Coating, EPA ICR Number 0660.10, OMB Control Number 2060-0107
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64316-64317]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0422; FRL-8736-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Metal Coil Surface
Coating, EPA ICR Number 0660.10, OMB Control Number 2060-0107

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (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 that is abstracted below describes the
nature of the collection and the estimated burden and cost.

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

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0422, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: 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: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-0296; fax number: (919) 541-3207; e-mail address:
schaefer.john@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Carbaryl RED Amendment and Response to Petition to Cancel Registrations; Notice of Availability
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64317-64318]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0941; FRL-8389-2]

Carbaryl RED Amendment and Response to Petition to Cancel
Registrations; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of an amendment to
EPA's Reregistration Eligibility Decision (RED) for Carbaryl, and EPA's
response to a petition from the Natural Resources Defense Council
(NRDC), insofar as the petition seeks to have EPA cancel all
registrations for carbaryl. In the carbaryl RED amendment, EPA is
modifying certain worker risk mitigation measures that were imposed as
a result of the 2004 Interim RED for the pesticide carbaryl. EPA is
amending the carbaryl RED to incorporate the revised occupational
exposure and risk assessment for carbaryl. EPA reevaluated the carbaryl
risk assessments and regulatory decision in response to public comments
received from numerous parties, new data submitted by the technical
registrant, Bayer CropSciences, and new science and new methodologies
developed in the time between the completion of the Interim RED for
carbaryl and the completion of the cumulative risk assessment for the
N-methyl carbamate group of pesticides. This notice also announces the
availability of EPA's response to a petition from NRDC insofar as it
seeks to have EPA cancel all uses of carbaryl under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Elsewhere in
today's Federal Register, EPA is publishing its response to NRDC's
petition insofar as it seeks to have EPA revoke all tolerances for
carbaryl under the Federal Food, Drug, and Cosmetic Act (FFDCA).

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-2201; fax
number: (703) 308-2201; e-mail address: scheltema.christina@epa.gov.

 
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ANNOUNCEMENT 7


Subject: TOXICS - NM/Correction. EPA. Draft Toxicological Review of Tetrachloroethylene (Perchloroethylene): In Support of the Summary Information in the
Integrated Risk Information System (IRIS); Correction
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64318]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8736-3; Docket ID No. EPA-HQ-ORD-2008-00461]

Draft Toxicological Review of Tetrachloroethylene
(Perchloroethylene): In Support of the Summary Information in the
Integrated Risk Information System (IRIS); Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Peer-Review Meeting; correction.

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

SUMMARY: EPA announced on October 16, 2008 (73 FR 61416), that the
National Academy of Sciences (NAS) will convene an independent panel of
experts and organize and conduct a review of the draft document titled,
``Toxicological Review of Tetrachloroethylene (Perchloroethylene): In
Support of Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-08/011A). The document contained an
incorrect meeting location.

Correction

    In the Federal Register of October 16, 2008, in FR Doc. E8-24595,
on page 61417, in the first column, correct the ADDRESSES section to
read:
    The peer-review panel meeting will be held at The National Academy
of Sciences, 2100 C Street, NW., Room 150, Washington, DC 20418. For
details about registering for and attending the meeting, please see the
NAS's Web site at http://www8.nationalacademies.org/cp/
projectview.aspx?key=48697
.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, access or services for individuals with disabilities, or
logistics for the external peer-review panel meeting should be directed
to NAS. For further information, please see the NAS's Web site http://
www8.nationalacademies.org/cp/projectview.aspx?key=48697
. For technical
information about the document, please contact the Information
Management Team, National Center for Environmental Assessment, U.S.
EPA; telephone: 703-347-8561; facsimile: 703-347-8691; e-mail
nceadc.comment@epa.gov.

 
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ACCESS THE ORIGINAL 10/16/08 PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 

ANNOUNCEMENT 8


Subject: TOXICS - ND. EPA. Ethylene Oxide; Preliminary Determination to Terminate Special Review
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64318-64320]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0283; FRL-8380-9]

Ethylene Oxide; Preliminary Determination to Terminate Special
Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's preliminary determination to
terminate the Special Review of ethylene oxide (ETO). On January 27,
1978, EPA initiated Special Review based on developmental toxicity,
mutagenicity, and neurotoxic effects in workers (43 FR 3801). In the
early 1980s, the carcinogenicity of ETO became of concern and was added
to the Special Review. Since the initiation of the Special Review,
additional data and more comprehensive reviews of potential risks
associated with ETO exposure have been completed, including those
described in the 2006 Tolerance Reassessment and Risk Management
Decision (TRED) (http://www.epa.gov/oppsrrd1/REDs/ethylene_oxide_
tred.pdf
) and the 2008 Reregistration Eligibility Decision (RED)
(http://www.epa.gov/oppsrrd1//REDs/ethylene-oxide-red.pdf) for ETO. In
the 2008 RED, the Agency addressed occupational risk concerns that were
the focus of the Special Review. During the reregistration process EPA
conducted a public, intensive review of ETO risks and benefits to
determine whether or not ETO registrations meet the Federal
Insecticide, Fungicide, Rodenticide Act (FIFRA) standard for
registration. The Agency determined that the benefits of ETO use
outweigh the occupational risks associated with its use provided that
the risk mitigation measures outlined in the RED are adopted and label
amendments are made to reflect those measures. Because the risks that
were the basis of the Special Review have been evaluated and the Agency
has made a determination under FIFRA, as outlined above, the Agency is
proposing to terminate the Special Review of ETO.

DATES: Comments must be received on or before November 28, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0283, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
 
FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: 703-603-0065; fax number:
703-308-8005; e-mail address: bartow.susan@epa.gov.

 
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ANNOUNCEMENT 9


Subject: TOXICS - ND. [Several Pesticide Registration & Related Announcements Were Omitted From Today Report. ]
 
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(click here, Scroll down to U.S. EPA)
 
 

ANNOUNCEMENT 10


Subject: LAND - ND. USDA/Forest Service. Sale and Disposal of National Forest System Timber; Downpayment and Periodic Payments
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Proposed Rules]              
[Page 64288-64293]

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

RIN 0596-AC80

Sale and Disposal of National Forest System Timber; Downpayment
and Periodic Payments

AGENCY: Forest Service, USDA.

ACTION: Proposed rule; request for comments.

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

SUMMARY: The Forest Service is proposing to amend the Downpayment rule
and the Periodic payments rule to reflect changes in contracting
procedures adopted in the April 2004 and June 2006 timber sale
contracts. These changes reflect stewardship contracting authorities,
and reflect changes in forest products markets since these rules were
adopted in 1991. The proposed changes also would remove obsolete
references and procedures; make downpayments and periodic payments
optional for stewardship contracts; allow downpayment and periodic
payment amounts to be recalculated when contracts receive a rate
redetermination; revise the procedure for releasing the downpayment;
and would allow downpayments to be temporarily reduced when Forest
Service authorizes certain additions of contract time.
    The intended effect of this proposed rule is to protect the
Government's financial security while providing financial relief to
timber purchasers during periods when forest products prices
drastically decline or purchasers receive additional contract time for
periods when they are not expected to operate.

DATES: Comments must be received in writing by December 29, 2008.

ADDRESSES: Mail written comments to the Director of Forest Management,
MAIL STOP 1105, Forest Service, USDA, 1400 Independence Avenue, SW.,
Washington, DC 20250-1105; via e-mail to downpayment@fs.fed.us; or via
facsimile to (202) 205-1045. 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
on this proposed rule in the office of the Director of Forest
Management, Third Floor, Northwest Wing, Yates Building, 201 14th
Street, SW., Washington, DC. Visitors are encouraged to call ahead to
(202) 205-0893 to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management,
(202) 205-0858.

 
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ANNOUNCEMENT 11


Subject: HAZ - PR. DHS. Secure Handling of Ammonium Nitrate Program
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Proposed Rules]              
[Page 64280-64282]

DEPARTMENT OF HOMELAND SECURITY

6 CFR Chapter I

[DHS 2008-0076]
RIN 1601-AA52

Secure Handling of Ammonium Nitrate Program

AGENCY: National Protection and Programs Directorate, Department of
Homeland Security.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: This Advance Notice of Proposed Rulemaking (ANPRM) seeks
comment on a recent amendment to the Homeland Security Act entitled the
Secure Handling of Ammonium Nitrate. The amendment requires the
Department of Homeland Security (DHS or Department) to ``regulate the
sale and transfer of ammonium nitrate by an ammonium nitrate facility *
* * to prevent the misappropriation or use of ammonium nitrate in an
act of terrorism.''

DATES: Written comments must be submitted on or before December 29,
2008.

ADDRESSES: You may submit comments, identified by docket number 2008-
0076, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Mail: U.S. Department of Homeland Security, National
Protection and Programs Directorate, Office of Infrastructure
Protection, Infrastructure Security Compliance Division, Mail Stop
8100, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: Dennis Deziel, Office of
Infrastructure Protection, Infrastructure Security Compliance Division,
Mail Stop 8100, Washington, DC 20528, telephone number (703) 235-5263.

 
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ANNOUNCEMENT 12


Subject: ENERGY - FR/Delay. DOI/MMS. Royalty Relief for Deepwater Outer Continental Shelf Oil and Gas Leases--Conforming Regulations to Court Decision
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64205-64206]

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 203 and 260

RIN 1010-AD29

Royalty Relief for Deepwater Outer Continental Shelf Oil and Gas
Leases--Conforming Regulations to Court Decision

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule; delay of effective date.

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SUMMARY: MMS is delaying until December 8, 2008, 60 days from the date
of publication, the effective date of a rule that will conform the
regulations at 30 CFR parts 203 and 260 to the Federal Court's decision
in Santa Fe Snyder Corp. v. Norton, 385 F.3d 884 (5th Cir. 2004). This
delay of effective date is necessary to comply with the Congressional
review provisions of the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. 801 et seq. (the Congressional Review Act).

DATES: The effective date of the rule amending 30 CFR parts 203 and 260
published at 73 FR 58467, October 7, 2008 is delayed until December 8,
2008.

FOR FURTHER INFORMATION CONTACT: Marshall Rose, Chief, Economics
Division, Minerals Management Service at (703) 787-1536.

 
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ANNOUNCEMENT 13


Subject: WILDLIFE - FR. DOC/NOAA. Endangered and Threatened Species; Conservation of Threatened Elkhorn and Staghorn Corals
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64264-64279]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 070801431-81370-02]
RIN 0648-AU92

Endangered and Threatened Species; Conservation of Threatened
Elkhorn and Staghorn Corals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), publish this
final rule to apply all the prohibitions enumerated in section 9(a)(1)
of the Endangered Species Act (ESA) to elkhorn (Acropora palmata) and
staghorn (A. cervicornis) corals, with limited exceptions for two
specified classes of activities that contribute to the conservation of
the listed corals. We have determined that extending these prohibitions
with two exceptions is necessary and advisable to provide for the
conservation of the species.

DATES: The effective date of this rule is November 28, 2008.

ADDRESSES: NMFS, Southeast Regional Office, Protected Resources
Division, 263 13th Ave. South, St. Petersburg, FL 33701-5505.

FOR FURTHER INFORMATION CONTACT: Jennifer Moore or Sarah Heberling,
NMFS, Southeast Region, at the address above or at (727) 824-5312, or
Marta Nammack, NMFS, Office of Protected Resources, at (301) 713-1401.
Reference materials and supporting documents regarding this rule are
available upon request or on the Internet at http://sero.nmfs.noaa.gov.

 
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ANNOUNCEMENT 14


Subject: HAZ/Nuclear - NM. Applachian States Low-Level Radioactive Waste Commission
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]              
[Page 64302]

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION

Annual Meeting

    Time and Date: 10 a.m.-12:30 p.m. November 7, 2008.
    Place: Harrisburg Hilton and Towers, One North Second Street,
Harrisburg, PA 17101.
    Status: The meeting will be open to the public. However, the
executive session will be closed to the public.
    Matters To Be Considered:
    Portions Open To the Public: The primary purpose of this meeting is
to (1) Review the independent auditors' report of Commission's
financial statements for fiscal year 2007-2008; (2) Review the Low-
Level Radioactive Waste (LLRW) generation information for 2007; (3)
Consider a proposal budget for fiscal year 2009-2010; (4) Review
regional and national issues regarding LLRW storage, management and
disposal; and (5) Elect the Commission's Officers.
    Portions Closed To the Public: Executive Session, if deemed
necessary, will be announced at the meeting.
    Contact Person for More Information: Rich Janati, Administrator of
the Commission, at 717-787-2163.
 
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ANNOUNCEMENT 15


Subject: WATER, TRANSPORT - FR/Delay. DHS/Coast Guard. Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Captain of the Port Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie
 
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]              
[Page 64208]

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of extension of compliance date, Captain of the Port
Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie.

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SUMMARY: This document informs owners and operators of facilities
located within Captain of the Port Zones Buffalo, Duluth, Detroit, Lake
Michigan, and Sault Ste. Marie that the date by which they must
implement access control procedures utilizing TWIC has been extended to
no later than December 1, 2008. This extension is due to a building-
wide loss of power that occurred on October 21, 2008, at the government
facility that houses the TWIC system, which affected the system's
ability to activate TWICs.

DATES: The new compliance date for the TWIC regulations found in 33 CFR
part 105 for Captain of the Port Zones Buffalo, Duluth, Detroit, Lake
Michigan, and Sault Ste. Marie is December 1, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this document as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at http://
www.regulations.gov
.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
 
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