Please See The Readers Note In The Right Column.
Federal Register
Vol. 73, No. 205
Wednesday, October 22, 2008
Vol. 73, No. 205
Wednesday, October 22, 2008
There are 8 announcements in this issue
1. AIR - FR. EPA. Completeness Findings for Section 110(a) State Implementation Plans Pertaining to the Fine Particulate Matter (PM2.5 ) NAAQS
2. HAZ - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Information Requirements for Boilers and Industrial Furnaces: General Hazardous Waste Facility Standards, Specific Unit Requirements, and Part B Permit Application and Modification Requirements (Renewal), EPA ICR Number 1361.13, OMB Control Number 2050-0073
3. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP Emissions for Polyether Polyol Production (Renewal), EPA ICR Number 1811.06, OMB Control Number 2060-0415
4. ALL - NM. EPA. Meeting of the Local Government Advisory Committee
5. WILDLIFE - FR. DOC/NOAA. Endangered And Threatened Species; Endangered Status for the Cook Inlet Beluga Whale
6. WILDLIFE - ND. DOC/NOAA. Marine Mammal Protection Act; Final Conservation Plan for the Cook Inlet Beluga Whale
7. HAZ/Nuclear - PR/Petition Denial. NRC. State of Nevada; Denial of Petition for Rulemaking
8. HAZ/Nuclear - NM/ND. NRC. In the Matter of U.S. Department of Energy (High Level Waste Repository); Notice of Hearing and Opportunity To Petition for Leave To Intervene on an Application for Authority To Construct a Geologic Repository at a Geologic Repository Operations Area at Yucca Mountain
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 - FR. EPA. Completeness Findings for Section 110(a) State Implementation Plans Pertaining to the Fine Particulate Matter (PM
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62902-62906]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2008-0452; FRL-8728-3]
Completeness Findings for Section 110(a) State Implementation
Plans Pertaining to the Fine Particulate Matter (PM2.5 )
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is making a finding concerning whether or not each
state has submitted a complete State Implementation Plan (SIP) that
provides the basic program elements specified in section 110(a)(2) of
the Clean Air Act (CAA or Act) necessary to implement the 1997 Fine
Particulate Matter (PM2.5 ) National Ambient Air Quality
Standards (NAAQS). By this action, EPA is identifying those states
that: Have failed to make a complete submission for all requirements;
have failed to make a complete submission for specific requirements; or
have made a complete submission. The findings of failure to submit or
determinations of incompleteness for all or a portion of a state's SIP
establish a 24-month deadline for EPA to promulgate a Federal
Implementation Plan (FIP) to address the outstanding SIP elements
unless, prior to that time, the affected states submit, and EPA
approves, the required SIPs. The findings that all, or portions of a
state's SIP submission, are complete establish a 12-month deadline for
EPA to take action upon the complete SIP elements in accordance with
the CAA.
DATES: The effective date of this rule is November 21, 2008.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27709; telephone (919) 541-3356; fax number
(919) 541-0824; e-mail address: sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this action final
without prior proposal and opportunity for comment because no
significant EPA judgment is involved in making a finding of failure to
submit SIPs, or elements of SIPs, required by the CAA, where states
have made no submissions, or incomplete submissions, to meet the
requirement by the statutory date. Thus, notice and public procedure
are unnecessary. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).
For questions related to a specific state please contact the
appropriate regional office . . .
[Rules and Regulations]
[Page 62902-62906]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2008-0452; FRL-8728-3]
Completeness Findings for Section 110(a) State Implementation
Plans Pertaining to the Fine Particulate Matter (PM
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is making a finding concerning whether or not each
state has submitted a complete State Implementation Plan (SIP) that
provides the basic program elements specified in section 110(a)(2) of
the Clean Air Act (CAA or Act) necessary to implement the 1997 Fine
Particulate Matter (PM
Standards (NAAQS). By this action, EPA is identifying those states
that: Have failed to make a complete submission for all requirements;
have failed to make a complete submission for specific requirements; or
have made a complete submission. The findings of failure to submit or
determinations of incompleteness for all or a portion of a state's SIP
establish a 24-month deadline for EPA to promulgate a Federal
Implementation Plan (FIP) to address the outstanding SIP elements
unless, prior to that time, the affected states submit, and EPA
approves, the required SIPs. The findings that all, or portions of a
state's SIP submission, are complete establish a 12-month deadline for
EPA to take action upon the complete SIP elements in accordance with
the CAA.
DATES: The effective date of this rule is November 21, 2008.
FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27709; telephone (919) 541-3356; fax number
(919) 541-0824; e-mail address: sanders.dave@epa.gov.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this action final
without prior proposal and opportunity for comment because no
significant EPA judgment is involved in making a finding of failure to
submit SIPs, or elements of SIPs, required by the CAA, where states
have made no submissions, or incomplete submissions, to meet the
requirement by the statutory date. Thus, notice and public procedure
are unnecessary. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).
For questions related to a specific state please contact the
appropriate regional office . . .
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: HAZ - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Information Requirements for Boilers and Industrial
Furnaces: General Hazardous Waste Facility Standards, Specific Unit Requirements, and Part B Permit Application and Modification Requirements (Renewal), EPA ICR Number 1361.13, OMB Control Number 2050-0073
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62987-62989]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0752, FRL-8732-6]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Requirements for Boilers and Industrial
Furnaces: General Hazardous Waste Facility Standards, Specific Unit
Requirements, and Part B Permit Application and Modification
Requirements (Renewal), EPA ICR Number 1361.13, OMB Control Number
2050-0073
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on February 28, 2009. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before December 22, 2008.
[Notices]
[Page 62987-62989]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2008-0752, FRL-8732-6]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Requirements for Boilers and Industrial
Furnaces: General Hazardous Waste Facility Standards, Specific Unit
Requirements, and Part B Permit Application and Modification
Requirements (Renewal), EPA ICR Number 1361.13, OMB Control Number
2050-0073
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on February 28, 2009. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before December 22, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0752, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: rcra-docket@epa.gov.
Fax: 202-566-9744.
Mail: RCRA Docket (2822T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Hand Delivery: 1301 Constitution Ave., NW., Room 3334,
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: Shiva Garg, Office of Solid Waste,
Mail Code 5302W, Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; telephone number: (703) 308-8459;
fax number: (703) 308-8433; e-mail address: garg.shiva@epa.gov.
RCRA-2008-0752, by one of the following methods:
submitting comments.
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
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: Shiva Garg, Office of Solid Waste,
Mail Code 5302W, Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; telephone number: (703) 308-8459;
fax number: (703) 308-8433; e-mail address: garg.shiva@epa.gov.
ANNOUNCEMENT 3
Subject: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP Emissions for Polyether
Polyol Production (Renewal), EPA ICR Number 1811.06, OMB Control Number 2060-0415
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62989-62990]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2008-0427; FRL-8733-3]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP Emissions for Polyether
Polyol Production (Renewal), EPA ICR Number 1811.06, OMB Control Number
2060-0415
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR that is abstracted below describes the
nature of the collection and the estimated burden and cost.
DATES: Additional comments may be submitted on or before November 21,
2008.
ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0427, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-0296; fax number: (919) 541-3207; e-mail address:
schaefer.john@epa.gov.
[Notices]
[Page 62989-62990]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2008-0427; FRL-8733-3]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP Emissions for Polyether
Polyol Production (Renewal), EPA ICR Number 1811.06, OMB Control Number
2060-0415
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR that is abstracted below describes the
nature of the collection and the estimated burden and cost.
DATES: Additional comments may be submitted on or before November 21,
2008.
ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0427, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-0296; fax number: (919) 541-3207; e-mail address:
schaefer.john@epa.gov.
ANNOUNCEMENT 4
Subject: ALL - NM. EPA. Meeting of the Local Government Advisory Committee
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62990]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8732-7]
Meeting of the Local Government Advisory Committee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Local Government Advisory Committee (LGAC) and the Small
Community Advisory Subcommittee (SCAS) will meet on November 5-7, 2008
in Boston, Massachusetts. The Committee and Subcommittee meetings will
be held in the EPA Region 1 Office on the eleventh floor Conference
Center. The focus areas of the meeting will be: energy efficiency and
the challenges of local governments to meet these growing demands;
climate change; sustainable water infrastructure; regulatory issues;
small communities issues; watersheds and coastlines; military issues;
product stewardship; and green buildings.
This is an open meeting and all interested persons are invited to
attend. The Committee will hear comments from the public between 12:30
p.m. and 1 p.m. on Thursday, November 6, 2008. Each individual or
organization wishing to address the LGAC meeting will be allowed a
maximum of five minutes to present their point of view. Also, written
comments should be submitted electronically to Eargle.Frances@epa.gov.
Please contact the Designated Federal Officer (DFO) at the number
listed below to schedule agenda time. Time will be allotted on a first
come, first serve basis, and the total period for comments may be
extended, if the number of requests for appearances require it.
ADDRESSES: The LGAC meeting will be held at EPA's Region 1 Office,
located at 1 Congress Street, Boston, MA on November 5-7, 2008 in the
Eleventh Floor Conference Center.
The Committee's and Subcommittee meeting minutes and summary notes
will be available after the meeting online at http://www.epa.gov/ocir
and can be obtained by written request to the DFO.
FOR FURTHER INFORMATION CONTACT: Frances Eargle, DFO for the Local
Government Advisory Committee (LGAC), at (202) 564-3115 or e-mail at
Eargle.Frances@epa.gov.
Information on Services for those with Disabilities: For
information on access or services for individuals with disabilities,
please contact Frances Eargle at (202) 564-3115 or
Eargle.Frances@epa.gov. To request accommodation of a disability,
please request it 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
[Notices]
[Page 62990]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8732-7]
Meeting of the Local Government Advisory Committee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Local Government Advisory Committee (LGAC) and the Small
Community Advisory Subcommittee (SCAS) will meet on November 5-7, 2008
in Boston, Massachusetts. The Committee and Subcommittee meetings will
be held in the EPA Region 1 Office on the eleventh floor Conference
Center. The focus areas of the meeting will be: energy efficiency and
the challenges of local governments to meet these growing demands;
climate change; sustainable water infrastructure; regulatory issues;
small communities issues; watersheds and coastlines; military issues;
product stewardship; and green buildings.
This is an open meeting and all interested persons are invited to
attend. The Committee will hear comments from the public between 12:30
p.m. and 1 p.m. on Thursday, November 6, 2008. Each individual or
organization wishing to address the LGAC meeting will be allowed a
maximum of five minutes to present their point of view. Also, written
comments should be submitted electronically to Eargle.Frances@epa.gov.
Please contact the Designated Federal Officer (DFO) at the number
listed below to schedule agenda time. Time will be allotted on a first
come, first serve basis, and the total period for comments may be
extended, if the number of requests for appearances require it.
ADDRESSES: The LGAC meeting will be held at EPA's Region 1 Office,
located at 1 Congress Street, Boston, MA on November 5-7, 2008 in the
Eleventh Floor Conference Center.
The Committee's and Subcommittee meeting minutes and summary notes
will be available after the meeting online at http://www.epa.gov/ocir
and can be obtained by written request to the DFO.
FOR FURTHER INFORMATION CONTACT: Frances Eargle, DFO for the Local
Government Advisory Committee (LGAC), at (202) 564-3115 or e-mail at
Eargle.Frances@epa.gov.
Information on Services for those with Disabilities: For
information on access or services for individuals with disabilities,
please contact Frances Eargle at (202) 564-3115 or
Eargle.Frances@epa.gov. To request accommodation of a disability,
please request it 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
ANNOUNCEMENT 5
Subject: WILDLIFE - FR. DOC/NOAA. Endangered And Threatened Species; Endangered Status for the Cook Inlet Beluga Whale
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62919-62930]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 0810141357-81371-01]
RIN 0648-XL30
Endangered And Threatened Species; Endangered Status for the Cook
Inlet Beluga Whale
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, issue a final determination to list a Distinct
Population Segment (DPS) of the beluga whale, Delphinapterus leucas,
found in Cook Inlet, Alaska, as endangered under the Endangered Species
Act of 1973, as amended (ESA). Following completion of a Status Review
of this DPS (the Cook Inlet beluga whale) under the ESA, we published a
proposed rule to list this DPS as an endangered species on April 20,
2007. We subsequently extended the date for final determination on the
proposed action by 6 months, until October 20, 2008, as provided for by
the ESA.
After consideration of public comments received on the proposed
rule and other available information, we have determined that the Cook
Inlet beluga whale is in danger of extinction throughout its range, and
should be listed as an endangered species. We will propose to designate
critical habitat for the Cook Inlet beluga whale in a future
rulemaking.
DATES: This final rule is effective December 22, 2008.
ADDRESSES: Comments and materials received, as well as supporting
documentation used in the preparation of this final rule, are available
for public inspection by appointment during normal business hours at
the NMFS, Protected Resources Division, Alaska Region, 709 W. 9th
Street, Juneau, AK. This final rule, references, and other material
relating to this determination can be found on our website at http://
www.fakr.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Brad Smith, NMFS, 222 West 7th Avenue,
Anchorage, Alaska 99517, telephone (907) 271-5006, fax (907) 271-3030;
Kaja Brix, NMFS, (907) 586-7235, fax (907) 586-7012; or Marta Nammack,
NMFS, (301)713-1401.
[Rules and Regulations]
[Page 62919-62930]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 0810141357-81371-01]
RIN 0648-XL30
Endangered And Threatened Species; Endangered Status for the Cook
Inlet Beluga Whale
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, issue a final determination to list a Distinct
Population Segment (DPS) of the beluga whale, Delphinapterus leucas,
found in Cook Inlet, Alaska, as endangered under the Endangered Species
Act of 1973, as amended (ESA). Following completion of a Status Review
of this DPS (the Cook Inlet beluga whale) under the ESA, we published a
proposed rule to list this DPS as an endangered species on April 20,
2007. We subsequently extended the date for final determination on the
proposed action by 6 months, until October 20, 2008, as provided for by
the ESA.
After consideration of public comments received on the proposed
rule and other available information, we have determined that the Cook
Inlet beluga whale is in danger of extinction throughout its range, and
should be listed as an endangered species. We will propose to designate
critical habitat for the Cook Inlet beluga whale in a future
rulemaking.
DATES: This final rule is effective December 22, 2008.
ADDRESSES: Comments and materials received, as well as supporting
documentation used in the preparation of this final rule, are available
for public inspection by appointment during normal business hours at
the NMFS, Protected Resources Division, Alaska Region, 709 W. 9th
Street, Juneau, AK. This final rule, references, and other material
relating to this determination can be found on our website at http://
www.fakr.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Brad Smith, NMFS, 222 West 7th Avenue,
Anchorage, Alaska 99517, telephone (907) 271-5006, fax (907) 271-3030;
Kaja Brix, NMFS, (907) 586-7235, fax (907) 586-7012; or Marta Nammack,
NMFS, (301)713-1401.
ANNOUNCEMENT 6
Subject: WILDLIFE - ND. DOC/NOAA. Marine Mammal Protection Act; Final Conservation Plan for the Cook Inlet Beluga Whale
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62961-62965]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI77
Marine Mammal Protection Act; Final Conservation Plan for the
Cook Inlet Beluga Whale
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; response to comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the availability of the final conservation
plan for the Cook Inlet Beluga Whale pursuant to the Marine Mammal
Protection Act of 1972, as amended (MMPA). NMFS incorporated into this
document new information on Cook Inlet beluga whales and comments
received on the draft conservation plan released for public review and
comment on March 16, 2005.
ADDRESSES: The conservation plan is available on the Internet at the
following address: http://www.alaskafisheries.noaa.gov/
protectedresources/whales/beluga/management.htm. Copies of the
conservation plan may be reviewed and/or copied at NMFS, Protected
Resources Division, 222 W. 7th Ave., Room 517, Anchorage, AK 99513; or
at NMFS, Alaska Regional Office, Protected Resources Division, 709 W.
9th St., Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Mandy Migura, NOAA/NMFS, Alaska
Region, Anchorage Field Office, (907) 271-5006, or Kaja Brix, NOAA/
NMFS, Alaska Region, (907) 586-7235.
[Notices]
[Page 62961-62965]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI77
Marine Mammal Protection Act; Final Conservation Plan for the
Cook Inlet Beluga Whale
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; response to comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the availability of the final conservation
plan for the Cook Inlet Beluga Whale pursuant to the Marine Mammal
Protection Act of 1972, as amended (MMPA). NMFS incorporated into this
document new information on Cook Inlet beluga whales and comments
received on the draft conservation plan released for public review and
comment on March 16, 2005.
ADDRESSES: The conservation plan is available on the Internet at the
following address: http://www.alaskafisheries.noaa.gov/
protectedresources/whales/beluga/management.htm. Copies of the
conservation plan may be reviewed and/or copied at NMFS, Protected
Resources Division, 222 W. 7th Ave., Room 517, Anchorage, AK 99513; or
at NMFS, Alaska Regional Office, Protected Resources Division, 709 W.
9th St., Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Mandy Migura, NOAA/NMFS, Alaska
Region, Anchorage Field Office, (907) 271-5006, or Kaja Brix, NOAA/
NMFS, Alaska Region, (907) 586-7235.
ANNOUNCEMENT 7
Subject: HAZ/Nuclear - PR/Petition Denial. NRC. State of Nevada; Denial of Petition for Rulemaking
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Proposed Rules]
[Page 62931-62935]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
[Docket No. PRM-2-14; NRC-2007-0011]
State of Nevada; Denial of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for Rulemaking: Denial.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is
denying a petition for rulemaking submitted by the State of Nevada
(Nevada or petitioner). The petition requests that NRC modify its
regulation regarding issues specified for review in a notice of hearing
for the Department of Energy (DOE) application for a high-level waste
(HLW) repository construction authorization at Yucca Mountain, Nevada.
The petitioner asserts that the proposed regulation would ``fill a
gap'' in the NRC's current regulations. Further, petitioner asserts
that the proposed regulation fulfills the Commission's intent when it
first required a hearing for any docketed applications for construction
of a HLW repository. NRC is denying the petition because it is
inconsistent with current NRC rules and inconsistent with the
Commission's intent when it originally established regulations
requiring an opportunity for a hearing for all docketed HLW repository
construction applications.
ADDRESSES: Publicly available documents related to this petition,
including the petition for rulemaking, the comments received, and NRC's
letter of denial to the petitioner may be viewed electronically on
public computers in NRC's Public Document Room (PDR), 01F21, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR
reproduction contractor will copy documents for a fee. Selected
documents may also be viewed and downloaded electronically via the
federal rulemaking Web site at http://www.regulations.gov by searching
Docket ID: [NRC-2007-0011]. For questions about regulations.gov,
contact Carol Gallagher at (301) 415-5905.
Publicly available documents are also available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, the public can gain entry into the NRC's
Agencywide Documents Access and Management System (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 PDR reference staff at (800)
387-4209, (301) 415-4737 or by e-mail to pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Sean Croston, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Mail Stop O15-D21,
Washington, DC 20555-0001, telephone: (301) 415-2585, e-mail:
sean.croston@nrc.gov.
[Proposed Rules]
[Page 62931-62935]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
[Docket No. PRM-2-14; NRC-2007-0011]
State of Nevada; Denial of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for Rulemaking: Denial.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is
denying a petition for rulemaking submitted by the State of Nevada
(Nevada or petitioner). The petition requests that NRC modify its
regulation regarding issues specified for review in a notice of hearing
for the Department of Energy (DOE) application for a high-level waste
(HLW) repository construction authorization at Yucca Mountain, Nevada.
The petitioner asserts that the proposed regulation would ``fill a
gap'' in the NRC's current regulations. Further, petitioner asserts
that the proposed regulation fulfills the Commission's intent when it
first required a hearing for any docketed applications for construction
of a HLW repository. NRC is denying the petition because it is
inconsistent with current NRC rules and inconsistent with the
Commission's intent when it originally established regulations
requiring an opportunity for a hearing for all docketed HLW repository
construction applications.
ADDRESSES: Publicly available documents related to this petition,
including the petition for rulemaking, the comments received, and NRC's
letter of denial to the petitioner may be viewed electronically on
public computers in NRC's Public Document Room (PDR), 01F21, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR
reproduction contractor will copy documents for a fee. Selected
documents may also be viewed and downloaded electronically via the
federal rulemaking Web site at http://www.regulations.gov by searching
Docket ID: [NRC-2007-0011]. For questions about regulations.gov,
contact Carol Gallagher at (301) 415-5905.
Publicly available documents are also available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, the public can gain entry into the NRC's
Agencywide Documents Access and Management System (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 PDR reference staff at (800)
387-4209, (301) 415-4737 or by e-mail to pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Sean Croston, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Mail Stop O15-D21,
Washington, DC 20555-0001, telephone: (301) 415-2585, e-mail:
sean.croston@nrc.gov.
ANNOUNCEMENT 8
Subject: HAZ/Nuclear - NM/ND. NRC. In the Matter of U.S. Department of Energy (High Level Waste Repository); Notice of Hearing and Opportunity To Petition for Leave To Intervene on an Application for Authority To Construct a Geologic Repository at a Geologic Repository Operations Area at Yucca Mountain
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 63029-63033]
NUCLEAR REGULATORY COMMISSION
[Docket No. 63-001; CLI-08-25]
In the Matter of U.S. Department of Energy (High Level Waste
Repository); Notice of Hearing and Opportunity To Petition for Leave To
Intervene on an Application for Authority To Construct a Geologic
Repository at a Geologic Repository Operations Area at Yucca Mountain
COMMISSIONERS: Dale E. Klein, Chairman; Gregory B. Jaczko, Peter B.
Lyons, Kristine L. Svinicki.
I. Notice of Hearing
By letter dated June 3, 2008, the Department of Energy (DOE)
submitted an application seeking authorization to construct a geologic
repository at a geologic repository operations area at Yucca Mountain
in Nye County, Nevada. The NRC published a notice of receipt and
availability of this application in the Federal Register (73 FR 34348,
corrected in 73 FR 40883 (June 17, 2008)). Notice is hereby given that
a hearing on the application will be held at a time and place to be set
in the future by the Nuclear Regulatory Commission (the Commission) or
an Atomic Safety and Licensing Board (Board).
The hearing will consider the application for construction
authorization filed by DOE pursuant to Section 114 of the Nuclear Waste
Policy Act of 1982 (NWPA), 42 U.S.C. 10134, and pursuant to 10 CFR
Parts 2 and 63. The NRC Staff accepted the DOE application for
docketing on September 8, 2008 (73 FR 53284 (September 15, 2008)), and
the docket number established for this application is 63-001.
The NRC Staff determined that it is practicable to adopt, with
further supplementation, the Environmental Impact Statement (EIS) and
supplements prepared by DOE. The Staff concluded that neither the 2002
Final Environmental Impact Statement (FEIS) nor the 2008 Final
Supplemental Environmental Impact Statement (Repository Supplemental
EIS) adequately address all the impacts on groundwater, or from surface
discharges of groundwater, from the proposed action. The Staff
therefore found that additional supplementation is needed to ensure
that the 2002 FEIS and 2008 Repository Supplemental EIS are adequate.
The basis for the Staff's position is presented in the ``U.S. Nuclear
Regulatory Commission Staff's Adoption Determination Report for the
U.S. Department of Energy's Environmental Impact Statements for the
Proposed Geologic Repository at Yucca Mountain,'' which is available in
the Agencywide Documents Access and Management System (ADAMS) online
document system at http://www.nrc.gov/reading-rm/adams/web-based.html,
at accession number ML082420342.
The NRC Staff will complete a detailed technical review of the DOE
application, and will document its findings in a safety evaluation
report. If the Commission finds that the DOE application meets the
applicable standards of the Atomic Energy Act of 1954, as amended
(AEA), the NWPA, and the Commission's regulations, then the Commission
will issue a construction authorization, in the form and containing
such conditions and limitations, if any, as the Commission finds
appropriate and necessary.
[Notices]
[Page 63029-63033]
NUCLEAR REGULATORY COMMISSION
[Docket No. 63-001; CLI-08-25]
In the Matter of U.S. Department of Energy (High Level Waste
Repository); Notice of Hearing and Opportunity To Petition for Leave To
Intervene on an Application for Authority To Construct a Geologic
Repository at a Geologic Repository Operations Area at Yucca Mountain
COMMISSIONERS: Dale E. Klein, Chairman; Gregory B. Jaczko, Peter B.
Lyons, Kristine L. Svinicki.
I. Notice of Hearing
By letter dated June 3, 2008, the Department of Energy (DOE)
submitted an application seeking authorization to construct a geologic
repository at a geologic repository operations area at Yucca Mountain
in Nye County, Nevada. The NRC published a notice of receipt and
availability of this application in the Federal Register (73 FR 34348,
corrected in 73 FR 40883 (June 17, 2008)). Notice is hereby given that
a hearing on the application will be held at a time and place to be set
in the future by the Nuclear Regulatory Commission (the Commission) or
an Atomic Safety and Licensing Board (Board).
The hearing will consider the application for construction
authorization filed by DOE pursuant to Section 114 of the Nuclear Waste
Policy Act of 1982 (NWPA), 42 U.S.C. 10134, and pursuant to 10 CFR
Parts 2 and 63. The NRC Staff accepted the DOE application for
docketing on September 8, 2008 (73 FR 53284 (September 15, 2008)), and
the docket number established for this application is 63-001.
The NRC Staff determined that it is practicable to adopt, with
further supplementation, the Environmental Impact Statement (EIS) and
supplements prepared by DOE. The Staff concluded that neither the 2002
Final Environmental Impact Statement (FEIS) nor the 2008 Final
Supplemental Environmental Impact Statement (Repository Supplemental
EIS) adequately address all the impacts on groundwater, or from surface
discharges of groundwater, from the proposed action. The Staff
therefore found that additional supplementation is needed to ensure
that the 2002 FEIS and 2008 Repository Supplemental EIS are adequate.
The basis for the Staff's position is presented in the ``U.S. Nuclear
Regulatory Commission Staff's Adoption Determination Report for the
U.S. Department of Energy's Environmental Impact Statements for the
Proposed Geologic Repository at Yucca Mountain,'' which is available in
the Agencywide Documents Access and Management System (ADAMS) online
document system at http://www.nrc.gov/reading-rm/adams/web-based.html,
at accession number ML082420342.
The NRC Staff will complete a detailed technical review of the DOE
application, and will document its findings in a safety evaluation
report. If the Commission finds that the DOE application meets the
applicable standards of the Atomic Energy Act of 1954, as amended
(AEA), the NWPA, and the Commission's regulations, then the Commission
will issue a construction authorization, in the form and containing
such conditions and limitations, if any, as the Commission finds
appropriate and necessary.
