Monday, March 16, 2009

Environmental Federal Register, Vol. 74, No. 49, March 16, 2009

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Federal Register
Vol. 74, No. 49
Monday, March 16, 2009
 
 
There are 7 announcements in this issue
 
    1. TOXICS - PR/NM. EPA. Testing of Certain High Production Volume Chemicals; Second Group of Chemicals; Notice of Public Meeting
 
    2. TOXICS - ND. EPA. Pesticide Products; Registration Applications
 
    3. TOXICS - ND. EPA. Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
 
    4. ENERGY - NM. DOE. International Energy Agency Meetings
 
    5. ENERGY, WATER - ANPR. FTC. Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (``Appliance Labeling Rule'')
 
    6. WILDLIFE - ND. DOI/FWS. Availability of Birds of Conservation Concern 2008
 
    7. ALL - FR. DOC/NOAA. Schedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services
        

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 - PR/NM. EPA. Testing of Certain High Production Volume Chemicals; Second Group of Chemicals; Notice of Public Meeting
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Proposed Rules]              
[Page 11050-11051]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[EPA-HQ-OPPT-2007-0531; FRL-8404-6]
RIN 2070-AD16

Testing of Certain High Production Volume Chemicals; Second Group
of Chemicals; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public meeting.

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

SUMMARY: EPA will hold a public meeting to give members of the public
an opportunity to comment on a proposed rule under section 4(a)(1)(B)
of the Toxic Substances Control Act (TSCA) to require manufacturers,
importers, and processors of certain high production volume (HPV)
chemical substances to conduct testing to obtain screening level data
for health and environmental effects and chemical fate. Opportunity to
present oral comment was provided in the proposed rule, and in response
to that opportunity, two requests to present oral comments were
received.

DATES: The meeting will be held on Tuesday, March 31, 2009, from 8 a.m.
to noon.
    Requests to participate in the meeting must be received on or
before March 31, 2009.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at the Environmental Protection
Agency, 1201 Constitution Ave., NW., Rm. 1153, Washington, DC 20460-
0001.
    Requests to participate in the meeting, identified by docket
identification (ID) number EPA-HQ-OPPT-2007-0531, may be submitted to
the technical person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
    For technical information contact: Paul Campanella or John
Schaeffer, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone numbers:
(202) 564-8091 or (202) 564-8173; e-mail addresses:
campanella.paul@epa.gov or schaeffer.john@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - ND. EPA. Pesticide Products; Registration Applications
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]              
[Page 11098-11100]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0102; FRL-8405-5]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before April 15, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0102, 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: The Regulatory Action Leader,
Biopesticides and Pollution Prevention Division (7511P), listed in the
following table. . .
 
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ANNOUNCEMENT 3


Subject: TOXICS - ND. EPA. Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]              
[Page 11100-11102]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0045; FRL-8405-1]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before April 15, 2009.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the pesticide petition number (PP) for
the petition of interest as shown in the body of this document, 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: A contact person, with telephone
number and e-mail address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
 
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ANNOUNCEMENT 4


Subject: ENERGY - NM. DOE. International Energy Agency Meetings
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]              
[Page 11091-11092]

DEPARTMENT OF ENERGY

International Energy Agency Meetings

AGENCY: Department of Energy.

ACTION: Notice of meetings.

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

SUMMARY: The Industry Advisory Board (IAB) to the International Energy
Agency (IEA) will meet on March 25, 2009, at the headquarters of the
IEA in Paris, France, in connection with a joint meeting of the IEA's
Standing Group on Emergency Questions (SEQ) and the IEA's Standing
Group on the Oil Market on March 25, and on March 26 in connection with
a meeting of the SEQ on March 26.

DATES: March 25-26, 2009.

ADDRESSES: 9, rue de la F[eacute]d[eacute]ration, Paris, France.

FOR FURTHER INFORMATION CONTACT: Diana D. Clark, Assistant General for
International and National Security Programs, Department of Energy,
1000 Independence Avenue, SW., Washington, DC 20585, 202-586-3417.

 
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ANNOUNCEMENT 5


Subject: ENERGY, WATER - ANPR. FTC. Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (``Appliance Labeling Rule'')
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Proposed Rules]              
[Page 11045-11049]

FEDERAL TRADE COMMISSION

16 CFR Part 305

[RIN 3084-AB03]

Rule Concerning Disclosures Regarding Energy Consumption and
Water Use of Certain Home Appliances and Other Products Required Under
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: Section 325 of the Energy Independence and Security Act of
2007 provides the Commission with authority to promulgate energy
labeling rules for consumer electronics, including televisions. The
Commission is seeking comment on whether it should require labels for
televisions and other consumer electronic products.

DATES: Comments must be received by May 14, 2009.

ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Consumer
Electronics Labeling, Project No. P094201'' to facilitate the
organization of comments. Please note that comments will be placed on
the public record of this proceeding--including on the publicly
accessible FTC website, at (http://www.ftc.gov/os/
publiccomments.shtm
)--and therefore should not include any sensitive or
confidential information. In particular, comments should not include
any sensitive personal information, such as an individual's Social
Security Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secrets and
commercial or financial information obtained from a person and
privileged or confidential . . . .,'' as provided in Section 6(f) of
the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR
4.10(a)(2). Comments containing material for which confidential
treatment is requested must be filed in paper form, must be clearly
labeled ``Confidential,'' and must comply with FTC Rule 4.9(c).\1\
---------------------------------------------------------------------------

    \1\ FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be
accompanied by an explicit request for confidential treatment,
including the factual and legal basis for the request, and must
identify the specific portions of the comment to be withheld from
the public record. The request will be granted or denied by the
Commission's General Counsel, consistent with applicable law and the
public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://
secure.commentworks.com/ftc-electronicslabeling
) (and following the
instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink (https://secure.commentworks.com/ftc-
electronicslabeling
). If this Notice appears at (http://
www.regulations.gov/search/index.jsp
,) you may also file an electronic
comment through that website. The Commission will consider all comments
that regulations.gov forwards to it. You may also visit the FTC website
at http://www.ftc.gov to read the Notice and the news release
describing it.
    A comment filed in paper form should include the ``Consumer
Electronics Labeling, Project No. P094201'' reference both in the text
and on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission, Office of the Secretary, Room H-135
(Annex T), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC
requests that any comment filed in paper form be sent by courier or
overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
    The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at (http://www.ftc.gov/os/
publiccomments.shtm
.) As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC website. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at (http://
www.ftc.gov/ftc/privacy.shtm
.)

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, (202) 326-
2889, Division of Enforcement, Federal Trade Commission, Washington, DC
20580.
 
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ANNOUNCEMENT 6


Subject: WILDLIFE - ND. DOI/FWS. Availability of Birds of Conservation Concern 2008
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]              
[Page 11128]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-MB-2008-N0349; 91200-1231-5BBC-K3]

Availability of Birds of Conservation Concern 2008

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: We announce the availability of Birds of Conservation Concern
2008. This publication identifies species, subspecies, and populations
of migratory and nonmigratory birds in need of additional conservation
actions. We hope to stimulate coordinated and collaborative proactive
conservation actions among Federal, State, tribal, and private
partners.

DATES: Individuals wishing to comment on the process used in developing
Birds of Conservation Concern 2008, especially to provide
recommendations for improving future versions of the document, may
direct their written comments to the Chief, Division of Migratory Bird
Management (listed below under ADDRESSES ). All comments received will
be filed for use in developing the next version of the list. Comments
will be accepted until the time that work begins on the next edition of
this report (approximately 5 years).

ADDRESSES: Printed copies of Birds of Conservation Concern 2008 may be
obtained by writing to the Chief, Branch of Bird Conservation, Division
of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Mail Stop 4107, Arlington, VA 22203-1610, ATTN:
BCC 2008. This document is also available for downloading on the
Division of Migratory Bird Management's World Wide Web page at http://
migratorybirds.fws.gov
.

FOR FURTHER INFORMATION CONTACT: Marcia Maslonek, Chief, Branch of Bird
Conservation, Division of Migratory Bird Management, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Mail Stop 4107, Arlington,
VA 22203-1610; phone: (703) 358-2021; fax: (703) 358-2272.

 
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ANNOUNCEMENT 7


Subject: ALL - FR. DOC/NOAA. Schedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]              
[Page 11017-11019]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 950

[Docket No: 090113018-9019-01]
RIN 0648-AX74

Schedule of Fees for Access to NOAA Environmental Data,
Information, and Related Products and Services

AGENCY: National Environmental Satellite, Data and Information Service
(NESDIS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.

ACTION: Final rule.

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

SUMMARY: In this final rule, NESDIS establishes a new schedule of fees
for the sale of its data, information, and related products and
services to users. NESDIS is revising the fee schedule to ensure that
the fees accurately reflect the costs of providing access to the
environmental data, information, and related products and services.
NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair
market value, for access to environmental data, information, and
products derived from, collected, and/or archived by NOAA. Other than
depreciation, costs to upgrade computer hardware and software systems
will not be included in the fees charged to users.

DATES: Effective Date: May 1, 2009.

FOR FURTHER INFORMATION CONTACT: Linda Neely (301) 713-3305.

 
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ANNOUNCEMENT 8


Subject: MIENERGY/Nuclear - ND. NRC. Indiana Michigan Power Company; Receipt of Request for Action Under 10 CFR 2.206
 
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]              
[Page 11140-11141]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-315; License No. DPR-58; NRC-2009-0111]

Indiana Michigan Power Company; Receipt of Request for Action
Under 10 CFR 2.206

    Notice is hereby given that by petition dated December 16, 2008,
Mr. David Lochbaum (petitioner) has requested that the U.S. Nuclear
Regulatory Commission (NRC) take action with regard to the licensee for
the Donald C. Cook Nuclear Power Plant, Unit 1. The petitioner requests
that the NRC issue a demand for information requiring the licensee to
docket information regarding the following four issues at least 30 days
before restarting the reactor from the current outage:
    (1) The vibration levels experienced in the control room, turbine
building, and other structures during the September 20, 2008, event;
    (2) The vibration levels assumed in these locations during the
safe-shutdown earthquake (SSE);
    (3) In locations where the vibration levels during the September
20, 2008, event exceeded the vibration levels assumed for an SSE, the
extent to which piping and pipe supports were replaced or repaired
because of potential stress damage and the bases for not replacing
other structures, systems, and components exposed to greater than SSE
loading; and
    (4) In locations where the vibration levels during the September
20, 2008, event did not exceed the vibration levels assumed for an SSE,
the extent of the measures taken to protect against spurious equipment
operation and the bases for concluding that the as-left configuration
will not pose a public health hazard in event of an SSE.
    As the basis for this request, the petitioner states that the event
caused significant vibration levels that caused spurious operation of
standby equipment and may have contributed to a breach that seriously
impaired the fire protection system. The petitioner further states that
the information being sought in the petition is needed to apply the
proper lessons from the event to the future operation of the Donald C.
Cook Nuclear Plant, Unit 1. The petitioner states that without this
information, the NRC cannot be assured of, and the public is therefore
not adequately protected from, significant adverse safety implications
of an SSE causing spurious actuation of equipment.
    The NRC is treating the request pursuant to Title 10, Section
2.206, ``Requests for Action under This Subpart,'' of the Code of
Federal Regulations (10 CFR 2.206). The request has been referred to
the Director of the Office of Nuclear Reactor Regulation. As provided
by 10 CFR 2.206, the NRC will take appropriate action on this petition
within a reasonable time. A copy of the petition is available for
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, Public File Area O1 F21, 11555 Rockville Pike
(first floor), Rockville, MD. Publicly available records will be accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/
reading-rm/adams.html
. Persons who do not have access to ADAMS or who
encounter problems in accessing the documents located in ADAMS should
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or
301-415-4737, or by e-mail to PDR.Resource@nrc.gov.
 
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