Federal Register
Vol. 73, No. 239
Thursday, December 11, 2008
Vol. 73, No. 239
Thursday, December 11, 2008
There are 3 announcements in this issue
1. ALL - FR. EPA. Civil Monetary Penalty Inflation Adjustment Rule
2. WATER - FR/Correction. EPA. Oil Pollution Prevention; Spill Prevention, Control and Countermeasures Rule; Revisions to the Regulatory Definition of "Navigable Waters"
3. WILDLIFE - FR. EPA. Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains in Compliance With Court Orders
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: ALL - FR. EPA. Civil Monetary Penalty Inflation Adjustment Rule
[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Rules and Regulations]
[Page 75340-75346]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 19 and 27
[FRL-8750-4]
RIN 2020-AA46
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing this
final Civil Monetary Penalty Inflation Adjustment Rule, as mandated by
the Debt Collection Improvement Act of 1996 (DCIA), to adjust for
inflation the statutory civil monetary penalties that may be assessed
for violations of EPA-administered statutes and their implementing
regulations. The Agency is required to review the civil monetary
penalties under the statutes it administers at least once every four
years and to adjust such penalties as necessary for inflation according
to a formula specified in the DCIA. Table 1 of the regulations, which
appears near the end of this rule, contains a list of all civil
monetary penalty authorities under EPA-administered statutes and the
applicable statutory amounts, as adjusted for inflation.
DATES: Effective Date: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: David Abdalla, Special Litigation and
Projects Division (2248A), Office of Civil Enforcement, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 564-
2413.
[Rules and Regulations]
[Page 75340-75346]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 19 and 27
[FRL-8750-4]
RIN 2020-AA46
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing this
final Civil Monetary Penalty Inflation Adjustment Rule, as mandated by
the Debt Collection Improvement Act of 1996 (DCIA), to adjust for
inflation the statutory civil monetary penalties that may be assessed
for violations of EPA-administered statutes and their implementing
regulations. The Agency is required to review the civil monetary
penalties under the statutes it administers at least once every four
years and to adjust such penalties as necessary for inflation according
to a formula specified in the DCIA. Table 1 of the regulations, which
appears near the end of this rule, contains a list of all civil
monetary penalty authorities under EPA-administered statutes and the
applicable statutory amounts, as adjusted for inflation.
DATES: Effective Date: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: David Abdalla, Special Litigation and
Projects Division (2248A), Office of Civil Enforcement, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 564-
2413.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: WATER - FR/Correction. EPA. Oil Pollution Prevention; Spill Prevention, Control and Countermeasures Rule; Revisions to the Regulatory Definition of
"Navigable Waters"
[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Rules and Regulations]
[Page 75346-75347]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
[EPA-HQ-OPA-2008-0569 FRL-8750-5]
RIN 2050-AG48
Oil Pollution Prevention; Spill Prevention, Control and
Countermeasures Rule; Revisions to the Regulatory Definition of
``Navigable Waters''
AGENCY: Environmental Protection Agency.
ACTION: Correction.
-----------------------------------------------------------------------
SUMMARY: This document makes a correction to the Preamble of the final
rule amending the Oil Pollution Prevention regulation published on
November 26, 2008 (73 FR 71941). The final rule announced the vacatur
of the July 17, 2002 revisions to the Clean Water Act section 311
regulatory definition of ``navigable waters'' in accordance with an
order, issued by the United States District Court for the District of
Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions and restoring the regulatory
definition of ``navigable waters'' promulgated by EPA in 1973. The
final rule amended the definition of ``navigable waters'' in part 112
to comply with that decision.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information, contact Hugo Paul Fleischman of EPA at 202-564-
1968, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington DC 20460-0002, Mail Code 5104A.
Correction
The Preamble of the final rule E8-28123 published on November 26,
2008, beginning on page 71941 is corrected as follows:
1. On page 71941, second column, under the heading ``Summary'', the
citation for American Petroleum Institute v. Johnson is corrected to
read ``541 F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.
2. On page 71942, third column, first paragraph, the citation for
American Petroleum Institute v. Johnson is corrected to read ``541
F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.
[Rules and Regulations]
[Page 75346-75347]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
[EPA-HQ-OPA-2008-0569 FRL-8750-5]
RIN 2050-AG48
Oil Pollution Prevention; Spill Prevention, Control and
Countermeasures Rule; Revisions to the Regulatory Definition of
``Navigable Waters''
AGENCY: Environmental Protection Agency.
ACTION: Correction.
-----------------------------------------------------------------------
SUMMARY: This document makes a correction to the Preamble of the final
rule amending the Oil Pollution Prevention regulation published on
November 26, 2008 (73 FR 71941). The final rule announced the vacatur
of the July 17, 2002 revisions to the Clean Water Act section 311
regulatory definition of ``navigable waters'' in accordance with an
order, issued by the United States District Court for the District of
Columbia (D.D.C.) in American Petroleum Institute v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008), invalidating those revisions and restoring the regulatory
definition of ``navigable waters'' promulgated by EPA in 1973. The
final rule amended the definition of ``navigable waters'' in part 112
to comply with that decision.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information, contact Hugo Paul Fleischman of EPA at 202-564-
1968, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington DC 20460-0002, Mail Code 5104A.
Correction
The Preamble of the final rule E8-28123 published on November 26,
2008, beginning on page 71941 is corrected as follows:
1. On page 71941, second column, under the heading ``Summary'', the
citation for American Petroleum Institute v. Johnson is corrected to
read ``541 F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.
2. On page 71942, third column, first paragraph, the citation for
American Petroleum Institute v. Johnson is corrected to read ``541
F.Supp.2d 165'' instead of ``571 F.Supp.2d 165''.
ANNOUNCEMENT 3
Subject: WILDLIFE - FR. EPA. Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains in Compliance With Court Orders
[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Rules and Regulations]
[Page 75356-75371]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-008; 92220-1113-0000; C6]
RIN 1018-AW35
Endangered and Threatened Wildlife and Plants; Reinstatement of
Protections for the Gray Wolf in the Western Great Lakes and Northern
Rocky Mountains in Compliance With Court Orders
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing
this final rule to comply with three court orders which have the effect
of reinstating the regulatory protections under the Endangered Species
Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the
western Great Lakes and the northern Rocky Mountains. This rule
corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing
of wolves in all of Wisconsin and Michigan, the eastern half of North
Dakota and South Dakota, the northern half of Iowa, the northern
portions of Illinois and Indiana, the northwestern portion of Ohio, the
northern half of Montana, the northern panhandle of Idaho, the eastern
third of Washington and Oregon, and in north-central Utah as
endangered, and reinstate the listing of wolves in Minnesota as
threatened. This rule also reinstates the former designated critical
habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan,
special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota,
and special rules in 50 CFR 17.84 designating the gray wolf in the
remainder of Montana and Idaho and all of Wyoming as nonessential
experimental populations.
This action revises the CFR to comply with three court orders. In
addition, this final rule takes additional administrative action that
removes archaic provisions from the gray wolf special regulation at 50
CFR 17.84(i) and makes corrections to the gray wolf special regulation
at Sec. 17.84(n) by removing language referring to a Western DPS.
DATES: This action is effective December 11, 2008. However, the court
orders had legal effect immediately upon their filing on July 18, 2008,
September 29, 2008, and October 14, 2008.
ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, Office of the Western Gray Wolf Recovery Coordinator, 585
Shepard Way, Helena, Montana 59601. Call 406-449-5225 to make
arrangements. It will also be available for inspection, by appointment,
during normal business hours at U.S. Fish and Wildlife Service, 1
Federal Drive, Fort Snelling, Minnesota 55111. Call 612-713-5350 to
make arrangements.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains contact Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone 406-449-5225, extension 204. For
information on wolves in the western Great Lakes, contact Laura Ragan,
Regional Listing Coordinator, U.S. Fish and Wildlife Service, at our
Fort Snelling, Minnesota Regional Office (see ADDRESSES) or telephone
612-713-5350. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
[Rules and Regulations]
[Page 75356-75371]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-008; 92220-1113-0000; C6]
RIN 1018-AW35
Endangered and Threatened Wildlife and Plants; Reinstatement of
Protections for the Gray Wolf in the Western Great Lakes and Northern
Rocky Mountains in Compliance With Court Orders
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing
this final rule to comply with three court orders which have the effect
of reinstating the regulatory protections under the Endangered Species
Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the
western Great Lakes and the northern Rocky Mountains. This rule
corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing
of wolves in all of Wisconsin and Michigan, the eastern half of North
Dakota and South Dakota, the northern half of Iowa, the northern
portions of Illinois and Indiana, the northwestern portion of Ohio, the
northern half of Montana, the northern panhandle of Idaho, the eastern
third of Washington and Oregon, and in north-central Utah as
endangered, and reinstate the listing of wolves in Minnesota as
threatened. This rule also reinstates the former designated critical
habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan,
special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota,
and special rules in 50 CFR 17.84 designating the gray wolf in the
remainder of Montana and Idaho and all of Wyoming as nonessential
experimental populations.
This action revises the CFR to comply with three court orders. In
addition, this final rule takes additional administrative action that
removes archaic provisions from the gray wolf special regulation at 50
CFR 17.84(i) and makes corrections to the gray wolf special regulation
at Sec. 17.84(n) by removing language referring to a Western DPS.
DATES: This action is effective December 11, 2008. However, the court
orders had legal effect immediately upon their filing on July 18, 2008,
September 29, 2008, and October 14, 2008.
ADDRESSES: This final rule is available on the Internet at http://
www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, Office of the Western Gray Wolf Recovery Coordinator, 585
Shepard Way, Helena, Montana 59601. Call 406-449-5225 to make
arrangements. It will also be available for inspection, by appointment,
during normal business hours at U.S. Fish and Wildlife Service, 1
Federal Drive, Fort Snelling, Minnesota 55111. Call 612-713-5350 to
make arrangements.
FOR FURTHER INFORMATION CONTACT: For information on wolves in the
northern Rocky Mountains contact Edward E. Bangs, Western Gray Wolf
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena
office (see ADDRESSES) or telephone 406-449-5225, extension 204. For
information on wolves in the western Great Lakes, contact Laura Ragan,
Regional Listing Coordinator, U.S. Fish and Wildlife Service, at our
Fort Snelling, Minnesota Regional Office (see ADDRESSES) or telephone
612-713-5350. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at 1-800-877-8337 for TTY
assistance.
