Tuesday, March 30, 2010

Environmental Federal Register, Vol. 75, No. 60, March 30, 2010

Federal Register
Vol. 75, No. 60
Tuesday, March 30, 2010
 
 
There are 6 announcements in this issue
 
    1. AIR - PR. EPA. Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)
 
    2. ENERGY/Efficiency, TRANSPORT - FR. DOT/NHTSA. Tire Fuel Efficiency Consumer Information Program
 
    3. WATER - ND. DOC/NOAA. NOAA'S Office of Ocean Exploration and Research (OER) Strategic Plan FY 2011-FY 2015
 
    4. MI/ENERGY/Nuclear - ND. NRC. Detroit Edison Company; Fermi 2; Exemption
 
    5. HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials Transportation; Registration and Fee Assessment Program
 
    6. ALL - ND. SBA. Small Business Innovation Research Program Policy Directive
 
   
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 - PR. EPA. Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Proposed Rules]              
[Page 15655-15664]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0746; FRL-9131-8]
RIN 2060-AP91

Requirements for Control Technology Determinations for Major
Sources in Accordance With Clean Air Act Sections, Sections 112(g) and
112(j)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the rule governing case-by-case
emission limits for major sources of hazardous air pollutants under
section 112(j) of the Clean Air Act. Specifically, we are proposing
revisions to the section 112(j) rule to clarify and streamline the
process for establishing case-by-case emission limits in the case of
the complete vacatur of a section 112(d) rule applicable to a major
source category initially listed pursuant to section 112(c)(1). In
addition, we are also proposing revisions that would eliminate
provisions of the section 112(j) rule that have become obsolete or are
redundant.

DATES: Comments must be received on or before April 29, 2010, unless a
public hearing is requested by April 14, 2010. If a hearing is
requested on the proposed amendments, written comments must be received
by May 14, 2010. Under the Paperwork Reduction Act, comments on the
information collection provisions are best assured of having full
effect if the Office of Management and Budget (OMB) receives a copy of
your comments on or before April 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0746, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
    Agency Web Site: http://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web Site.
    E-mail: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2009-0746 in the subject line of the message.
    Fax: Fax your comments to: (202) 566-9744, Docket ID No.
EPA-HQ-OAR-2009-0746.
    Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2009-0746.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA,
725 17th St., NW., Washington, DC 20503.
    Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, 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.
   
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (D205-
02), Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-5262; fax number: (919) 541-5600; e-mail
address: colyer.rick@epa.gov.
 
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ANNOUNCEMENT 2


Subject: ENERGY/Efficiency, TRANSPORT - FR. DOT/NHTSA. Tire Fuel Efficiency Consumer Information Program
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Rules and Regulations]              
[Page 15893-15947]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2010-0036]
RIN 2127-AK45

Tire Fuel Efficiency Consumer Information Program

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Final rule.

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SUMMARY: This document establishes the test procedures to be used by
tire manufacturers in a new consumer information program to generate
comparative performance information to inform consumers about the
effect of their choices among replacement passenger car tires on fuel
efficiency, safety, and durability. When this program is fully
established, this information will be provided to consumers at the
point of sale and online. This information will encourage the purchase
of better performing replacement tires.
    In order to provide this agency with time needed to conduct
additional consumer testing and resolve important issues raised by
public comments on the agency's proposal regarding the program, this
rule does not specify how the information will be explained and
provided to consumers. After a public meeting regarding the agency's
draft plan for additional testing, NHTSA will proceed with the testing
and then develop and publish a new proposal for these aspects of the
new program.

DATES: Today's final rule is effective June 1, 2010. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of June 1, 2010.
    The various compliance dates for these regulations are set forth,
as applicable, in Sec.  575.106(e)(1)(iii).
    Petitions for reconsideration must be received by May 14, 2010.

ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION, CONTACT:
    For policy and technical issues: Ms. Mary Versailles, Office of
Rulemaking, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-0846.
    For legal issues: Ms. Sarah Alves, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone: (202) 366-2992.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: WATER - ND. DOC/NOAA. NOAA'S Office of Ocean Exploration and Research (OER) Strategic Plan FY 2011-FY 2015
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices]              
[Page 15686-15687]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 100324167-0167-01]

NOAA'S Office of Ocean Exploration and Research (OER) Strategic
Plan FY 2011-FY 2015

AGENCY: Office of Ocean Exploration and Research (OER), Oceanic and
Atmospheric Research (OAR), National Oceanic and Atmospheric
Administration (NOAA), Commerce.

ACTION: Notice of availability and request for public comment.

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SUMMARY: NOAA'S Office of Ocean Exploration and Research (OER) is
seeking comments on the draft OER STRATEGIC PLAN Fiscal Year (FY) 2011-
2015, submitted to meet the requirement for program direction under
Public Law 111-11, Section 12104(b). The draft OER STRATEGIC PLAN
describes the vision, mission, core activities, and organization of the
Office of Ocean Exploration and Research.

DATES: Comments on this draft report must be received by 5 p.m.
September 30, 2010.

ADDRESSES: You may submit comments, by any one of the following
methods:
    Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Identifier is XRIN 0648-XV56.
    Fax: (703) 713-1967, Attn: Yvette Jefferson.
    Mail: NOAA Office of Ocean Exploration and Research (OER)
ATTN: OER Plan Comments, 1315 East-West Highway, R/OER, Silver Spring,
Maryland 20910.
    Hand Delivery to Silver Spring Metro Center 3: 1315 East-
West Highway, Room 10151, Silver Spring, Maryland.
    Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://
www.regulations.gov
without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
OAR will accept anonymous comments (enter N/A in the required fields,
if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only. This is a non-regulatory request for comment.
    Electronic copies of the draft OER Strategic Plan and Public Law
111-11 Chapter XII may be obtained from http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: OERPlan.Questions@noaa.gov or NOAA
Office of Ocean Exploration and Research (OER), ATTN: OER Plan
Questions, 1315 East-West Highway, R/OER, Silver Spring, Maryland
20910.
 
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ANNOUNCEMENT 4


Subject: MI/ENERGY/Nuclear - ND. NRC. Detroit Edison Company; Fermi 2; Exemption
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices]              
[Page 15748-15749]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341; NRC-2010-0099]

Detroit Edison Company; Fermi 2; Exemption

1.0 Background

    Detroit Edison Company (the licensee) is the holder of Facility
Operating License No. NPF-43, which authorizes operation of Fermi 2.
The license provides, among other things, that the facility is subject
to all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of one boiling-water reactor located in
Monroe County, Michigan.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 73,
``Physical protection of plants and materials,'' Section 73.55,
``Requirements for physical protection of licensed activities in
nuclear power reactors against radiological sabotage,'' published March
27, 2009, effective May 26, 2009, with a full implementation date of
March 31, 2010, requires licensees to protect, with high assurance,
against radiological sabotage by designing and implementing
comprehensive site security programs. The amendments to 10 CFR 73.55
published on March 27, 2009, establish and update generically
applicable security requirements similar to those previously imposed by
Commission orders issued after the terrorist attacks of September 11,
2001, and implemented by licensees. In addition, the amendments to 10
CFR 73.55 include additional requirements to further enhance site
security based upon insights gained from implementation of the post-
September 11, 2001, security orders. It is from five of these new
requirements that Fermi 2 now seeks an exemption from the March 31,
2010, implementation date. All other physical security requirements
established by this recent rulemaking have already been or will be
implemented by the licensee by March 31, 2010.
    By letter dated November 19, 2009, as supplemented by letter dated
December 23, 2009, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's November 19,
2009, and December 23, 2009, letters, have certain portions which
contain proprietary and safeguards information and, accordingly, are
not available to the public. The licensee has requested an exemption
from the March 31, 2010, compliance date stating that it must complete
a number of significant modifications to the current site security
configuration before all requirements can be met. Specifically, the
request is to extend the compliance date for five requirements that
would be in place by May 31, 2011, versus the March 31, 2010, deadline.
Being granted this exemption for the five requirements would allow the
licensee to complete the modifications designed to update aging
equipment and incorporate state-of-the-art technology to meet or exceed
the noted regulatory requirements. . .

4.0 Conclusion for Part 73 Schedule Exemption Request

    The NRC staff has reviewed the licensee's submittals and concludes
that the licensee has provided adequate justification for its request
for an extension of the compliance date to May 31, 2011, with regard to
five specified requirements of 10 CFR 73.55.
 
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ANNOUNCEMENT 5


Subject: HAZ, TRANSPORT - FR. DOT/Pipeline and Hazardous Materials Safety Administration. Hazardous Materials Transportation; Registration and Fee Assessment Program
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Rules and Regulations]              
[Page 15613-15620]

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 107

[Docket No. PHMSA-2009-0201 (HM-208H)]
RIN 2137-AE47

Hazardous Materials Transportation; Registration and Fee
Assessment Program

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule.

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SUMMARY: PHMSA is amending the statutorily mandated registration and
fee assessment program for persons who transport, or offer for
transportation, certain categories and quantities of hazardous
materials. For those registrants not qualifying as a small business or
not-for-profit organization, PHMSA is increasing the annual fee from
$975 (plus a $25 administrative fee) to $2,575 (plus a $25
administrative fee) for registration year 2010-2011 and following
years. The increase is necessary to fund the national Hazardous
Materials Emergency Preparedness (HMEP) grants program at approximately
$28,300,000 in accordance with the Administration's Fiscal Year 2010
budget and proposed Fiscal Year 2011 budget.

DATES: Effective date of this final rule is April 29, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, PHMSA, (202) 366-4484, and
Ms. Deborah Boothe or Mr. Steven Andrews, Office of Hazardous Materials
Standards, PHMSA, (202) 366-8553.
 
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ANNOUNCEMENT 6


Subject: ALL - ND. SBA. Small Business Innovation Research Program Policy Directive
 
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices]              
[Page 15756-15757]

SMALL BUSINESS ADMINISTRATION

RIN 3244-AF61

Small Business Innovation Research Program Policy Directive

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Final Amendments to Policy Directive.

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SUMMARY: This document announces a final amendment to the Small
Business Innovation Research (SBIR) Program Policy Directive (PD). This
amendment adjusts the SBIR Program award threshold amounts to offset
the effect of inflation. This document also considers the public
comments received in response to SBA's Notice of Proposed Amendment to
the Policy Directive, which was published in the Federal Register on
August 15, 2008.

DATES: This amendment is effective on March 30, 2010.

FOR FURTHER INFORMATION CONTACT: Edsel M. Brown, Jr., Assistant
Director, Office of Technology, SBA, at (202) 205-7343. You may also
email questions to technology@sba.gov.

 
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