Thursday, November 20, 2008

Environmental Federal Register, Vol. 73, No. 225, November 20, 2008

Readers Note: WIMS will not be publishing REGTrak on Friday, November 21; or Monday, November 24, due to some unusual family holiday plans. The Tuesday, November 25, issue will provide updates.
 
Federal Register
Vol. 73, No. 225
Thursday, November 20, 2008
 
There are 10 announcements in this issue
 
    1. WATER - FR. EPA. Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines for Concentrated Animal Feeding Operations in Response to the Waterkeeper Decision
 
    2. AIR - PR/Comment Extension. EPA. National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
 
    3. ALL - NM. EPA. EPA Science Advisory Board Staff Office; Notification of a Public Teleconference Meeting of the Chartered Science Advisory Board
 
    4. ENERGY - NM. DOE/FERC. State of the Natural Gas Infrastructure Conference; Supplemental Notice of Commission Conference
 
    5. ENERGY - PR/NM. TREASURY/IRS. Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns; Hearing
 
    6. TRANSPORT/Air - Executive Order/Presidential Documents. Transformation of the National Air Transportation System
 
    7. ENERGY/Biofuels - ANPR. USDA/Rural Business-Cooperative Service. BioRefinery Assistance Program
 
    8. ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Funds Availability (NOFA) Inviting Applications for Biorefineries
 
    9. DRINK - NF. USDA/Rural Utilities Service. Household Water Well System Grant Program Announcement of Application Deadlines and Funding
 
  10. LAND - FRI. USDA/Commodity Credit Corporation. Agricultural Management Assistance Program
 
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: WATER - FR. EPA. Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines for Concentrated Animal Feeding Operations in Response to the Waterkeeper Decision
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations]              
[Page 70417-70486]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 122, and 412

[EPA-HQ-OW-2005-0037; FRL-8738-9]
RIN 2040-AE80

Revised National Pollutant Discharge Elimination System Permit
Regulation and Effluent Limitations Guidelines for Concentrated Animal
Feeding Operations in Response to the Waterkeeper Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Under the Federal Water Pollution Control Act (Clean Water Act
or CWA), EPA is revising the National Pollutant Discharge Elimination
System (NPDES) permitting requirements and Effluent Limitations
Guidelines and Standards (ELGs) for concentrated animal feeding
operations (CAFOs) in response to the order issued by the U.S. Court of
Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA,
399 F.3d 486 (2d Cir. 2005). This final rule responds to the court
order while furthering the statutory goal of restoring and maintaining
the nation's water quality by ensuring that CAFOs properly manage
manure generated by their operations.
    This final rule revises several aspects of EPA's current
regulations governing discharges from CAFOs. EPA is modifying the
requirement to apply for a permit by specifying that an owner or
operator of a CAFO that discharges or proposes to discharge must apply
for an NPDES permit. The final rule also includes an option for an
unpermitted CAFO to certify to the permitting authority that the CAFO
does not discharge or propose to discharge. In addition, EPA is
clarifying how the agricultural stormwater discharge exemption criteria
are interpreted for unpermitted Large CAFOs. EPA is also requiring
CAFOs seeking permit coverage to submit their nutrient management plans
(NMPs) with their applications for individual permits or notices of
intent to be authorized under general permits. Permitting authorities
are required to review the NMPs and provide the public with an
opportunity for meaningful public review and comment. Permitting
authorities are also required to incorporate terms of NMPs as NPDES
permit conditions. Additionally, this action removes the provision that
allowed CAFOs to use a 100-year, 24-hour containment structure to
fulfill the no discharge requirement for new source swine, poultry, and
veal calf operations. Instead, this action authorizes permit writers,
upon request by swine, poultry, and veal calf CAFOs that are new
sources, to establish best management practice no discharge effluent
limitations when the facility demonstrates that it has designed an open
containment system that will comply with the no discharge requirements.
    This final rule also responds to the court's remand orders
regarding water quality-based effluent limitations (WQBELs) and
pathogens. EPA is clarifying that WQBELs may be required in permits
with respect to production area discharges and discharges from land
application areas that are not exempt as agricultural stormwater.
Finally, EPA is making the finding that the best conventional
technology (BCT) limitations established in 2003 also apply to fecal
coliform.

DATES: These final regulations are effective December 22, 2008. For
judicial review purposes, this final rule is promulgated as of 1 p.m.
Eastern Daylight Time, on December 4, 2008, as provided in 40 CFR 23.2.

ADDRESSES: The record for this rulemaking is available for inspection
and copying at the Water Docket, located at the EPA Docket Center (EPA/
DC), EPA West 1301 Constitution Ave., NW., Washington, DC 20004. The
record is also available via EPA Dockets at http://www.regulations.gov
under docket number OW-2005-0037. The rule and key supporting documents
are also available electronically on the Internet at http://
www.epa.gov/npdes/caforule
.

FOR FURTHER INFORMATION CONTACT: For additional information contact
Rebecca Roose, Water Permits Division, Office of Wastewater Management
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, telephone number: (202) 564-0758, e-mail address:
roose.rebecca@epa.gov. For additional information specific to New
Source Performance Standards and BCT Limitations contact Paul Shriner,
Engineering and Analysis Division, Office of Science and Technology
(4303T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, telephone number: (202) 566-1076, e-mail address:
shriner.paul@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR - PR/Comment Extension. EPA. National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Proposed Rules]              
[Page 70289-70290]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-8742-8]
RIN 2060-AM19

National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of public comment period.

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

SUMMARY: EPA is announcing an extension of the public comment period on
the proposed rule, ``National Emission Standards for Hazardous Air
Pollutants for Chemical Manufacturing Area Sources.'' As initially
published in the Federal Register on October 6, 2008, written comments
on the proposed rule were to be submitted by November 20, 2008. On
November 12, 2008, EPA received a court order extending the deadline
for signature of the notice of final rulemaking to May 15, 2009, and we
are extending the public comment period on the proposed rule to January
5, 2009.

DATES: Comments. Comments on the proposed rule must be received on or
before January 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0334, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: a-and-r-Docket@epa.gov.
    Fax: (202) 566-9744.
    Mail: U.S. Postal Service, send comments to: EPA Docket
Center (2822T), Docket No. EPA-HQ-OAR-2008-0334, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of two copies. We request that a separate copy
also be sent to the contact person identified below (see FOR FURTHER
INFORMATION CONTACT).
    Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (2822T), EPA West Building, Room 3444, 1301
Constitution Ave., NW., Washington, DC 20004. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. Please
include a total of two copies.   

FOR FURTHER INFORMATION CONTACT: For further information, contact Mr.
Randy McDonald, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number: (919) 541-5402; fax number: (919) 541-0246; e-mail
address: mcdonald.randy@epa.gov.
 
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ANNOUNCEMENT 3


Subject: ALL - NM. EPA. EPA Science Advisory Board Staff Office; Notification of a Public Teleconference Meeting of the Chartered Science Advisory Board
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]              
[Page 70344-70346]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8742-4]

EPA Science Advisory Board Staff Office; Notification of a Public
Teleconference Meeting of the Chartered Science Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces
two public teleconference meetings of the chartered SAB to: (1) Conduct
its quality review of several draft SAB reports, and (2) to receive a
briefing from EPA on biofuels.

DATES: The meeting dates are Tuesday, December 9, 2008, from 1 p.m. to
3 p.m. (Eastern Time) and Tuesday, December 16, 2008, from 11 a.m. to
12 p.m. (Eastern Time).
    Location: The meeting will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain general information concerning this public teleconference
meeting should contact Mr. Thomas Miller, Designated Federal Officer
(DFO), EPA Science Advisory Board (1400F), 1200
Pennsylvania Avenue, NW., Washington, DC 20460; via telephone/voice
mail (202) 343-9982; fax (202) 233-0643; or e-mail at
miller.tom@epa.gov. General information concerning the EPA Science
Advisory Board can be found on the SAB Web site at http://www.epa.gov/
sab
.
 
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ANNOUNCEMENT 4


Subject: ENERGY - NM. DOE/FERC. State of the Natural Gas Infrastructure Conference; Supplemental Notice of Commission Conference
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]              
[Page 70344]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD08-12-000]

State of the Natural Gas Infrastructure Conference; Supplemental
Notice of Commission Conference

November 14, 2008.
    On October 7, 2008, the Federal Energy Regulatory Commission
(Commission) issued a notice announcing a conference in this
proceeding, to be held on November 21, 2008. As mentioned in that
notice, the focus of the conference is on natural gas demand and supply
issues as they relate to the development of the domestic natural gas
industry and the effect upon infrastructure. The Commission has invited
industry representatives to provide perspectives and comments. The
agenda for the conference is attached.
    As noted in the October 7 Notice, the conference will be held at
the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426 in the Commission Meeting Room (2-C) from 9:30
a.m. until 12:30 p.m. (Eastern Standard Time). All interested parties
are invited, and there is no registration required.
    This conference will be transcribed. Transcripts of the conference
will be immediately available from Ace Reporting Company (202-347-3700
or 1-800-336-6646) for a fee. A free Webcast of this event is available
through http://www.ferc.gov. Anyone with Internet access who desires to
view this event can do so by navigating to the Calendar of Events at
http://www.ferc.gov and locating this event in the Calendar. The event
will contain a link to its Webcast. The Capitol Connection provides
technical support for the free Webcasts. It also offers access to this
event via television in the Washington, DC area and via phone-bridge
for a fee. If you have any questions, visit http://
www.CapitolConnection.org
and click on ``FERC'' or call (703) 993-3100.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to accessibility@ferc.gov or call toll free 866-208-3372
(voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the
required accommodations.
    Questions about the conference should be directed to Raymond James
by phone at 202-502-8588 or by e-mail at raymond.james@ferc.gov.

 
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ANNOUNCEMENT 5


Subject: ENERGY - PR/NM. TREASURY/IRS. Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns; Hearing
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Proposed Rules]              
[Page 70288-70289]

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-155087-05]
RIN 1545-BF17

Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel;
Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax
Returns; Hearing

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of public hearing on proposed rulemaking.

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

SUMMARY: This document provides notice of public hearing on proposed
regulations relating to credits and payments for alcohol mixtures,
biodiesel mixtures, renewable diesel mixtures, alternative fuel
mixtures, and alternative fuel sold for use or used as a fuel, as well
as proposed regulations relating to the definition of gasoline and
diesel fuel.

DATES: The public hearing is being held on Monday, February 9, 2009, at
10 a.m. The IRS must receive outlines of the topics to be discussed at
the public hearing by Friday, January 9, 2009.

ADDRESSES: The public hearing is being held in the IRS Auditorium,
Internal Revenue Service Building, 1111 Constitution Avenue, NW.,
Washington, DC 20224.
    Send Submissions to CC:PA:LPD:PR (REG-155087-05), room 5205,
Internal Revenue Service, P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday to CC:PA:LPD:PR (REG-155087-05), Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue, NW., Washington, DC, or sent
electronically via the Federal erulemaking Portal at http://
www.regulations.gov
(IRS-REG-155087-05).

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Taylor
Cortright (202) 622-3130; concerning submissions of comments, the
hearing and/or to be placed on the building access list to attend the
hearing Funmi Taylor at (202) 622-7180 (not toll-free numbers).
 
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ANNOUNCEMENT 6


Subject: TRANSPORT/Air - Executive Order/Presidential Documents. Transformation of the National Air Transportation System
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Presidential Documents]              
[Page 70241-70243]

                        Presidential Documents
Title 3--
The President

                Executive Order 13479 of November 18, 2008


                Transformation of the National Air Transportation
                System

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the United
                States to establish and maintain a national air
                transportation system that meets the present and future
                civil aviation, homeland security, economic,
                environmental protection, and national defense needs of
                the United States, including through effective
                implementation of the Next Generation Air
                Transportation System (NextGen). . .

 
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ANNOUNCEMENT 7


Subject: ENERGY/Biofuels - ANPR. USDA/Rural Business-Cooperative Service. BioRefinery Assistance Program
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Proposed Rules]              
[Page 70541-70543]

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

7 CFR Part 5001

RIN 0570-AA73

BioRefinery Assistance Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Advanced notice of proposed rulemaking.

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

SUMMARY: This Advanced Notice of Proposed Rulemaking (ANPRM) seeks
comments for the development of a proposed rule to implement a
BioRefinery Assistance guaranteed loan program. In conjunction with
this ANPRM, USDA is publishing a separate notice in this Federal
Register announcing a Notice of Funds Availability (NOFA) for a
BioRefinery Assistance Program to provide guaranteed loans for the
development and construction of commercial-scale biorefineries or for
the retrofitting of existing facilities using eligible technology for
the development of advanced biofuels. The comments being sought under
this ANPRM reference the biorefinery assistance program described in a
separate notice published elsewhere in this issue of the Federal
Register.

DATES: Please submit your comments by January 20, 2009.

ADDRESSES: You may submit comments by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Mail: Submit written comments via the U.S. Postal Service
to the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, STOP 0742, 1400 Independence Avenue, SW.,
Washington, DC 20250-0742.
    Hand Delivery/Courier: Submit written comments via Federal
Express Mail or other courier service requiring a street address to the
Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street, SW., 7th Floor, Washington,
DC 20024.
    All written comments will be available for public inspection during
regular work hours at the 300 7th Street, SW., 7th Floor address listed
above.

FOR FURTHER INFORMATION CONTACT: U.S. Department of Agriculture, Rural
Development, Energy Branch, Attention: BioRefinery Assistance Program,
1400 Independence Avenue, SW., STOP 3225, Washington, DC, 20250-3225.
Telephone: (202) 720-1400.

 
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ANNOUNCEMENT 8


Subject: ENERGY/Biofuels - NF. USDA/Rural Business-Cooperative Service. Notice of Funds Availability (NOFA) Inviting Applications for Biorefineries
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]              
[Page 70544-70567]

DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Notice of Funds Availability (NOFA) Inviting Applications for
Biorefineries

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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

SUMMARY: This notice announces the funds available for the BioRefinery
Assistance Program (the ``Program'') to provide guaranteed loans for
the development and construction of commercial-scale biorefineries or
for the retrofitting of existing facilities using eligible technology
for the development of advanced biofuels. In conjunction with this
notice, USDA is publishing elsewhere in this issue an advanced notice
of proposed rulemaking (ANPRM) seeking comments for the development of
a proposed rule to implement the BioRefinery Assistance guaranteed loan
program.

DATES: To be considered for funding in the first half of Fiscal Year
2009, applications must be completed and submitted to the USDA Rural
Development National Office by December 31, 2008. To be considered for
funding in the second half of Fiscal Year 2009, complete applications
must be submitted to the USDA Rural Development National Office between
March 1, 2009 and April 30, 2009. Comments regarding the information
collection requirements under the Paperwork Reduction Act of 1995 must
be submitted on or before January 20, 2009.

ADDRESSES: Applications and forms may be obtained from:
    U.S. Department of Agriculture, Rural Development, Energy
Branch, Attention: BioRefinery Assistance Program, 1400 Independence
Avenue, SW., STOP 3225, Washington, DC 20250-3225.
    Agency Web site: http://www.rurdev.usda.gov. Follow
instructions for obtaining the application and forms.
    Submit an original completed application with two copies to USDA's
Rural Development National Office: Energy Branch, Attention:
BioRefinery Assistance Program, 1400 Independence Avenue, SW., STOP
3225, Washington, DC 20250-3225.

FOR FURTHER INFORMATION CONTACT: Energy Branch, Attention: BioRefinery
Assistance Program, 1400 Independence Avenue, SW., Mail Stop 3225,
Washington, DC 20250-3225. Telephone: 202-720-1400.

 
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ANNOUNCEMENT 9


Subject: DRINK - NF. USDA/Rural Utilities Service. Household Water Well System Grant Program Announcement of Application Deadlines and Funding
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]              
[Page 70315-70321]

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

Household Water Well System Grant Program Announcement of
Application Deadlines and Funding

AGENCY: Rural Utilities Service, USDA.

ACTION: Notice of funding availability and solicitation of
applications.

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

SUMMARY: USDA Rural Development administers rural utilities programs
through the Rural Utilities Service. USDA Rural Development announces
the availability of grants from the Household Water Well System (HWWS)
Grant Program for fiscal year (FY) 2009, to be competitively awarded.
This notice is being issued prior to passage of a final appropriations
bill, which may or may not provide for funding this program, to allow
applicants sufficient time to leverage financing and submit
applications. USDA Rural Development will publish a subsequent notice
identifying the amount received in the appropriations, if any. The HWWS
Grant Program is authorized under Section 6010 of the Food Conservation
and Energy Act of 2008 (The Act), Public Law 110-234. The CONACT
authorizes USDA Rural Development to make grants to qualified private
non-profit organizations to establish lending programs for household
water wells. The non-profit organizations will use the grants to make
loans to individual homeowners to construct or upgrade a household
water well system for an existing home. The organizations must
contribute an amount equal to at least 10 percent of the grant request
to capitalize the loan fund. Applications may be submitted in paper or
electronic format. The HWWS Grant Program regulations are contained in
7 CFR part 1776.

DATES: The deadline for completed applications for a HWWS grant is May
31, 2009. Applications in either paper or electronic format must be
postmarked or time-stamped electronically on or before the deadline.
Late applications will be ineligible for grant consideration.

ADDRESSES: Submit electronic grant applications through http://
www.grants.gov
(Grants.gov), following the instructions on that Web
site. Submit completed paper applications to the U.S. Department of
Agriculture, USDA Rural Development Utilities Programs, Mail Stop
1570, Room 2233-S, 1400 Independence Ave., SW., Washington, DC
20250-1570. Applications should be marked ``Attention: Water and
Environmental Programs.''
    Application guides and materials for the HWWS Grant Program may be
obtained electronically through http://www.usda.gov/rus/water/well.htm.
Call (202) 720-9589 to request paper copies of application guides and
materials from the Water and Environmental Programs staff.

FOR FURTHER INFORMATION CONTACT: Cheryl Francis, Loan Specialist, U.S.
Department of Agriculture, Rural Development Programs, Water and
Environmental Programs, telephone: (202) 720-1937, fax: (202) 690-0649,
e-mail: cheryl.francis@wdc.usda.gov.

 
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ANNOUNCEMENT 10


Subject: LAND - FRI. USDA/Commodity Credit Corporation. Agricultural Management Assistance Program
 
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations]              
[Page 70245-70256]

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1465

RIN 0578-AA50

Agricultural Management Assistance Program

AGENCY: Commodity Credit Corporation, United States Department of
Agriculture.

ACTION: Interim final rule with request for comment.

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

SUMMARY: The Natural Resources Conservation Service (NRCS) is amending
the regulations for the Agricultural Management Assistance program
(AMA). Section 2801 of the Food, Conservation, and Energy Act of 2008
(2008 Act) amended the Agricultural Management Assistance program (AMA)
by: Expanding the program's geographic scope to include Hawaii; and
providing $15 million in mandatory funding for each of fiscal years
2008 through 2012. NRCS issues this interim final rule with request for
comment to incorporate statutory changes resulting from the 2008 Act
and to make administrative changes to improve program efficiency.

DATES: Effective Date: The rule is effective November 20, 2008. Comment
date: Submit comments on or before January 20, 2009.

ADDRESSES: You may send comments (identified by Docket Number NRCS-IFR-
08002) using any of the following methods:
    Government-wide rulemaking Web site: go to http://
www.regulations.gov
and follow the instructions for sending comments
electronically.
    Mail: Director, Financial Assistance Programs Division,
Natural Resources Conservation Service, Agricultural Management
Assistance Program Comments, P.O. Box 2890, Room 5237-S, Washington, DC
20013.
    Fax: (202) 720-4265
    Hand Delivery: Room 5237-S of the USDA South Office
Building, 1400 Independence Avenue, SW., Washington, DC 20250, between
9 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
Please ask the guard at the entrance to the South Office Building to
call: (202) 720-4527 in order to be escorted into the building.
    This interim final rule may be accessed via Internet.
Users can access the NRCS homepage at http://www.nrcs.usda.gov/; select
the Farm Bill link from the menu; select the Interim final link from
beneath the Final and Interim Final Rules Index title. Persons with
disabilities who require alternative means for communication (Braille,
large print, audio tape, etc.) should contact the USDA TARGET Center
at: (202) 720-2600 (voice and TDD).

FOR FURTHER INFORMATION CONTACT: Director, Financial Assistance
Programs Division, Natural Resources Conservation Service, P.O. Box
2890, Washington, DC 20013-2890; Phone: (202) 720-1844; Fax: (202) 720-
4265; or e-mail: AMA2008@wdc.usda.gov.

 
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Wednesday, November 19, 2008

Environmental Federal Register, Vol. 73, No. 224, November 19, 2008

Federal Register
Vol. 73, No. 224
Wednesday, November 19, 2008
 
There are 14 announcements in this issue
 
    1. TOXICS - FR. EPA. Ipconazole; Pesticide Tolerances
 
    2. TOXICS - FR. EPA. Polyoxin D Zinc Salt; Exemption from the Requirement of a Tolerance
 
    3. WATER - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements for BEACH Act Grants (Renewal), EPA ICR Number 2048.03, OMB Control Number 2040-0244
 
    4. AIR, TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Glass Manufacturing Plants, EPA ICR Number 1081.09, OMB Control Number 2060-0043
 
    5. AIR - ND. EPA. Clean Air Act Advisory Committee; Notice of Charter Renewal
 
    6. TOXICS - ND. EPA. Notice of Filing of a Pesticide Petition for Residues of
Pesticide Chemicals in or on Various Commodities
 
    7. REMED - NF. EPA. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs
 
    8. TOXICS - ND. EPA. Petition for Rulemaking Requesting EPA Regulate Nanoscale Silver Products as Pesticides; Notice of Availability
 
    9. TOXICS - ND. EPA. Chromated Arsenicals, Pentachlorophenol, Creosote Reregistration Eligibility Decisions; Notice of Availability
 
  10. AIR - FR. DHHS/FDA. Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine)
 
  11. WATER, WILDLIFE - ND. DOC/NOAA. Final Framework for the National System of Marine Protected Areas of the United States and Response to Comments
 
  12. HAZ/Nuclear - PR. NRC. Physical Protection of Byproduct Material; Availability of preliminary draft rule language
 
  13. SOLID, P2 - ND/Presidential Documents. Proclamation 8319 of November 14, 2008; America Recycles Day, 2008
 
  14. AGRICULTURE, ENERGY - ND. USDA/APHIS. Syngenta Seeds, Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production
        

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 - FR. EPA. Ipconazole; Pesticide Tolerances
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Rules and Regulations]              
[Page 69554-69559]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0226; FRL-8389-1]

Ipconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
ipconazole from seed treatment in or on cotton, peanut, soybean, dry
shelled pea and bean (Subgroup 6C), cereal grains (Group 15) except
rice, and forage, fodder, and straw of cereal grains (Group 16) except
rice. Chemtura Corporation requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective November 19, 2008. Objections and
requests for hearings must be received on or before January 20, 2009,
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-2007-0226. 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: Tawanda Maignan, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8050; e-mail address: maignan.tawanda@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Polyoxin D Zinc Salt; Exemption from the Requirement of a Tolerance
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Rules and Regulations]              
[Page 69559-69564]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0417; FRL-8389-5]

Polyoxin D Zinc Salt; Exemption from the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the polyoxin D zinc salt (zinc 5-[[2-
amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5-carboxy-3,4-
dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D-
allofuranuronatein) on almonds, cucurbit vegetables, fruiting
vegetables, ginseng, grapes, pistachios, pome fruits, potatoes and
strawberries when applied/used as a biochemical pesticide to control
and suppress fungal diseases. Arysta LifeScience North America
Corporation submitted a petition to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting an exemption from the requirement
of a tolerance. This regulation eliminates the need to establish a
maximum permissible level for residues of polyoxin D zinc salt (zinc 5-
[[2-amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5-carboxy-
3,4-dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D-
allofuranuronatein).

DATES: This regulation is effective November 19, 2008. Objections and
requests for hearings must be received on or before January 20, 2009,
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--0417. 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: Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0031; e-mail
address: pfeifer.chris@epa.gov.
 
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ANNOUNCEMENT 3


Subject: WATER - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements for BEACH Act Grants (Renewal), EPA ICR Number 2048.03, OMB Control Number 2040-0244
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69633-69634]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0357; FRL-8742-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting Requirements for BEACH
Act Grants (Renewal), EPA ICR Number 2048.03, OMB Control Number 2040-
0244

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 information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 19,
2008.

ADDRESSES: Submit your comments, referencing Docket ID number EPA-HQ-
OW-2008-0357, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to ow-docket@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket (28221T),
1200 Pennsylvania Ave., 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: Lars Wilcut, Standards and Health
Protection Division, Office of Science and Technology (4305T),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 566-0447; fax number:
(202) 566-0409; e-mail address: wilcut.lars@epa.gov.
 
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ANNOUNCEMENT 4


Subject: AIR, TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Inorganic Arsenic Emissions From Glass Manufacturing Plants, EPA ICR Number 1081.09, OMB Control Number 2060-0043
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69634-69635]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0375; FRL-8742-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Inorganic Arsenic
Emissions From Glass Manufacturing Plants, EPA ICR Number 1081.09, OMB
Control Number 2060-0043

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 December 19,
2008.

ADDRESSES: Submit your comments, referencing docket ID number EPA-OECA-
2008-0375, 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: Sounjay Gairola, Office of Enforcement
and Compliance Assurance, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-4003; e-mail address: gairola.sounjay@epa.gov.

 
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ANNOUNCEMENT 5


Subject: AIR - ND. EPA. Clean Air Act Advisory Committee; Notice of Charter Renewal
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69635]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8741-6]

Clean Air Act Advisory Committee; Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Charter Renewal.

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

    The charter for the Environmental Protection Agency's Clean Air Act
Advisory Committee (CAAAC) will be renewed for an additional two-year
period, as a necessary committee which is in the public interest, in
accordance with the provisions of the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2. The purpose of CAAAC is to provide advice and
recommendations to the EPA Administrator on issues associated with
policy and technical issues associated with implementation of the Clean
Air Act.
    It is determined that CAAAC is in the public interest in connection
with the performance of duties imposed on the Agency by law.
    Inquiries may be directed to Pat Childers, CAAAC Designated Federal
Officer, U.S. EPA, Mail Code 6102A, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, or by e-mail childers.pat@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Notice of Filing of a Pesticide Petition for Residues of
Pesticide Chemicals in or on Various Commodities
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69635-69637]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0561; FRL-8389-6]

Notice of Filing of a Pesticide Petition for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment or modification of regulations for
residues of acetic acid in or on various commodities.

DATES: Comments must be received on or before December 19, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0561 and the pesticide petition number PP
8F7319, 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'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: Cheryl Greene, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703 ) 308-0352; e-mail
address: greene.cheryl@epa.gov.

 
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ANNOUNCEMENT 7


Subject: REMED - NF. EPA. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69637-69644]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8742-3]

Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding
Guidance for State and Tribal Response Programs

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) will begin to accept
requests, from December 1, 2008 through January 31, 2009, for grants to
supplement State and Tribal Response Programs. This notice provides
guidance on eligibility for funding, use of funding, grant mechanisms
and process for awarding funding, the allocation system for
distribution of funding, and terms and reporting under these grants.
EPA has consulted with state and tribal officials in developing this
guidance.
    The primary goal of this funding is to ensure that state and tribal
response programs include, or are taking reasonable steps to include,
certain elements and a public record. Another goal is to provide
funding for other activities that increase the number of response
actions conducted or overseen by a state or tribal response program.
This funding is not intended to supplant current state or tribal
funding for their response programs. Instead, it is to supplement their
funding to increase their response capacity.
    For fiscal year 2009, EPA will consider funding requests up to a
maximum of $1.5 million per state or tribe. Subject to the availability
of funds, EPA regional personnel will be available to provide technical
assistance to states and tribes as they apply for and carry out these
grants.

DATES: This action is effective as of December 1, 2008. EPA expects to
make non-competitive grant awards to states and tribes which apply
during fiscal year 2009.

ADDRESSES: Mailing addresses for U.S. EPA Regional Offices and U.S. EPA
Headquarters can be located at http://www.epa.gov/brownfields.

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste
and Emergency Response, Office of Brownfields and Land Revitalization,
(202) 566-2777.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 8


Subject: TOXICS - ND. EPA. Petition for Rulemaking Requesting EPA Regulate Nanoscale Silver Products as Pesticides; Notice of Availability
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69644-69646]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0650; FRL-8386-4]

Petition for Rulemaking Requesting EPA Regulate Nanoscale Silver
Products as Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice makes available for public review and comment a
petition for rulemaking and collateral relief filed by the
International Center for Technology Assessment (ICTA) and others. In
general, the petition requests that the Agency classify nanoscale
silver as a pesticide, require formal pesticide registration of all
products containing nanoscale silver, analyze the potential human
health and environmental risks of nanoscale silver, take regulatory
actions under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) against existing products that contain nanoscale silver, and
take other regulatory actions under FIFRA as appropriate for nanoscale
silver products. The Agency has determined that the petition raises
issues that potentially affect private and public sector stakeholders.
Through this notice, EPA is asking for public comment on the petition.

DATES: Comments must be received on or before January 20, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0650, 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: Nathanael R. Martin, Field and
External Affairs Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6475; fax number: (703) 305-5884; e-
mail address: martin.nathanael@epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 9


Subject: TOXICS - ND. EPA. Chromated Arsenicals, Pentachlorophenol, Creosote Reregistration Eligibility Decisions; Notice of Availability
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69646-69647]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0416; FRL-8388[dash]4]

Chromated Arsenicals, Pentachlorophenol, Creosote Reregistration
Eligibility Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (REDs) for the pesticides chromated arsenicals
(e.g., CCA), pentachlorophenol, and creosote, collectively referred to
as ``heavy duty wood preservatives.'' The Agency's risk assessments and
other related documents also are available in the chromated arsenicals,
pentachlorophenol, and creosote Dockets. The term heavy duty wood
preservative is used to differentiate wood preservatives applied using
specialized high pressure treatment cylinders (also called ``retorts'')
from those applied using non-specialized methods (e.g., brush, dip).
The three wood preservatives are used primarily for industrial purposes
such as utility poles, pilings, and railroad ties. EPA has reviewed the
heavy duty wood preservatives through the public participation process
that the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

FOR FURTHER INFORMATION CONTACT: For pesticide-specific information
contact the Chemical Review Manger identified in the Table in Unit II.
for the pesticide of interest.
    For general information contact: Lance Wormell, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0523; fax number: (703) 308-6467; e-
mail address: wormell.lance@epa.gov.

 
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ANNOUNCEMENT 10


Subject: AIR - FR. DHHS/FDA. Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine)
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Rules and Regulations]              
[Page 69532-69552]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 2

[Docket No. FDA-2007-N-0314] (formerly 2007N-0262)
RIN 0910-AF92

Use of Ozone-Depleting Substances; Removal of Essential-Use
Designation (Epinephrine)

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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

SUMMARY:  The Food and Drug Administration (FDA), after consultation
with the Environmental Protection Agency (EPA), is amending FDA's
regulation on the use of ozone-depleting substances (ODSs) in self-
pressurized containers to remove the essential-use designation for
epinephrine used in oral pressurized metered-dose inhalers (MDIs). The
Clean Air Act requires FDA, in consultation with the EPA, to determine
whether an FDA-regulated product that releases an ODS is an essential
use of the ODS. FDA has concluded that there are no substantial
technical barriers to formulating epinephrine as a product that does
not release ODSs, and therefore epinephrine would no longer be an
essential use of ODSs as of December 31, 2011. Epinephrine MDIs
containing an ODS cannot be marketed after this date.

DATES:  This rule is effective December 31, 2011.

ADDRESSES:  For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number(s), found in brackets in the heading of this document,
into the ``Search'' box and follow the prompts and/or go to the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT:  Martha Nguyen or Michelle Bernstein,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 51, rm. 6224, Silver Spring, MD 20993-
0002, 301-796-3601.

 
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ANNOUNCEMENT 11


Subject: WATER, WILDLIFE - ND. DOC/NOAA. Final Framework for the National System of Marine Protected Areas of the United States and Response to Comments
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69608-69613]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration (NOAA)

Final Framework for the National System of Marine Protected Areas
of the United States and Response to Comments

AGENCY: NOAA, Department of Commerce (DOC).

ACTION: Notice of availability of the final Framework for the National
System of Marine Protected Areas of the United States and response to
comments on Revised Draft Framework.

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

SUMMARY: NOAA and the Department of the Interior (DOI) jointly propose
the Framework for the National System of Marine Protected Areas of the
United States (Framework), as required by Executive Order 13158 on
Marine Protected Areas (MPAs). This Framework provides overarching
guidance for collaborative efforts among federal, state, commonwealth,
territorial, tribal and local governments and stakeholders to develop
an effective National System of MPAs (national system) from existing
sites, build coordination and collaborative efforts, and identify
ecosystem-based gaps in the protection of significant natural and
cultural resources for possible future action by the nation's MPA
authorities. The document further provides the guiding principles, key
definitions, goals, and objectives for the National System, based on
the breadth of input received from MPA stakeholders and governmental
partners around the nation over the past several years, and two public
comment periods.

FOR FURTHER INFORMATION CONTACT: Please direct all questions and
requests for additional information concerning the Framework to: Lauren
Wenzel, NOAA, at 301-713-3100, ext. 136 or via e-mail at
Lauren.wenzel@noaa.gov. An electronic copy of the Framework is
available for download at http://www.mpa.gov/.
 
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ANNOUNCEMENT 12


Subject: HAZ/Nuclear - PR. NRC. Physical Protection of Byproduct Material; Availability of preliminary draft rule language
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Proposed Rules]              
[Page 69590-69591]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 37

RIN 3150-AI12
[NRC-2008-0120]

Physical Protection of Byproduct Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of preliminary draft rule language.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is making available
preliminary draft proposed rule language to amend its regulations to
add a new part 37 to Title 10 of the Code of Federal Regulations. This
new Part 37 will contain the security (physical protection)
requirements that are designed to provide reasonable assurance of
preventing the theft or diversion of Category 1 and Category 2
quantities of radioactive material as designated by the International
Atomic Energy Agency (IAEA). The new provisions will address background
checks, fingerprinting, access control, physical security during use,
and physical security during any transport of category 1 and category 2
quantities of material. At this time, the staff is only posting the
preliminary draft language for the physical protection of the material
while it is being transported. These requirements will be contained in
subpart D of the new part 37. Draft preliminary language for other
aspects of the proposed new part 37 will be posted and noticed in the
future. The availability of the preliminary draft rule language is
intended to inform stakeholders of the current status of the NRC's
activities and solicit public comments on the information at this time.
Comments may be provided as indicated under the ADDRESSES heading. The
NRC may post updates periodically under Docket NRC-2008-0120
on the Federal eRulemaking Portal at http://www.regulations.gov that
may be of interest to stakeholders.

DATES: Submit comment by January 5, 2009. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.

ADDRESSES: You may submit comments by any one of the following methods.
Please include the number RIN 3150-AI12 in the subject line of your
comments. Comments on rulemakings submitted in writing or in electronic
form will be made available to the
public in their entirety in NRC's Agencywide Documents Access and
Management System (ADAMS) and at http://www.regulations.gov. Personal
information, such as your name, address, telephone number, e-mail
address, etc., will not be removed from your submission.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120]. Address
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail
Carol.Gallagher@nrc.gov.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not
receive a reply e-mail confirming that we have received your comments,
contact us directly at 301-415-1677. Comments can also be submitted via
the Federal eRulemaking Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
301-415-1677).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
    You can access publicly available documents related to this
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852-2738.
    NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http:/
/www.nrc.gov/reading-rm/adams.html
. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120].

FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
8126, e-mail Merri.Horn@nrc.gov.

 
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ANNOUNCEMENT 13


Subject: SOLID, P2 - ND/Presidential Documents. Proclamation 8319 of November 14, 2008; America Recycles Day, 2008
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Presidential Documents]              
[Page 69519-69520]

                        Presidential Documents

Title 3--
The President

                Proclamation 8319 of November 14, 2008
 
                America Recycles Day, 2008

                By the President of the United States of America

                A Proclamation

                On America Recycles Day, we highlight the importance of
                recycling as a way to safeguard and protect the
                environment and preserve our precious natural
                resources. . .

 
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ANNOUNCEMENT 14


Subject: AGRICULTURE, ENERGY - ND. USDA/APHIS. Syngenta Seeds, Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production
 
[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]              
[Page 69602-69604]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0016]

Syngenta Seeds, Inc.; Availability of Petition and Environmental
Assessment for Determination of Nonregulated Status for Corn
Genetically Engineered To Produce an Enzyme That Facilitates Ethanol
Production

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has received a petition from Syngenta Seeds, Inc.,
seeking a determination of nonregulated status for corn designated as
transformation event 3272, which has been genetically engineered to
produce a microbial enzyme that facilitates ethanol production. The
petition has been submitted in accordance with our regulations
concerning the introduction of certain genetically engineered organisms
and products. In accordance with those regulations, we are soliciting
comments on whether this genetically engineered corn is likely to pose
a plant pest risk. We are also making available for public comment an
environmental assessment for the proposed determination of nonregulated
status.

DATES: We will consider all comments we receive on or before January
20, 2009.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0016
to submit or view comments and
to view supporting and related materials available electronically.
    Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0016, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0016.
    Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Andrea Huberty, Biotechnology
Regulatory Services, APHIS, 4700 River Road, Unit 146, Riverdale, MD
20737-1236; (301) 734-0485, e-mail: andrea.f.huberty@aphis.usda.gov. To
obtain copies of the petition or the draft environmental assessment,
contact Ms. Cindy Eck at (301) 734-0667, e-mail:
cynthia.a.eck@aphis.usda.gov. The petition and the draft environmental
assessment are also available on the Internet at http://
www.aphis.usda.gov/brs/aphisdocs/05_28001p.pdf
and http://
www.aphis.usda.gov/brs/aphisdocs/05_28001p_ea.pdf
.

 
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