Thursday, February 5, 2009

Environmental Federal Register, Vol. 74, No. 22, February 4, 2009

Federal Register
Vol. 74, No. 22
Wednesday, February 4, 2009
 
There are 7 announcements in this issue
 
    1. ALL - FRD. EPA. Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
 
    2. ALL - PR. EPA. Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
 
    3. TOXICS - ND. EPA. Pesticide Experimental Use Permit; Receipt of Amendment/Extension Application; Comment Request
 
    4. ALL - ND. EPA. EPA Science Advisory Board Staff Office; Request for Nominations of Experts for EPA Science Advisory Board, Scientific and Technological Achievement Awards Committee
 
    5. ENERGY - NM. DOE. Biological and Environmental Research Advisory Committee
 
    6. ENERGY - NM. DOE. Hydrogen and Fuel Cell Technical Advisory Committee (HTAC)
 
    7. ALL - Excecutive Order. Regulatory Planning and Review; Revocation of Previous Executive Orders (EO 13497)
   
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 - FRD. EPA. Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Rules and Regulations]              
[Page 5991-5994]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 6

[EPA-HQ-OECA-2009-0006; FRL-8766-2]
RIN 2020-AA48

Procedures for Implementing the National Environmental Policy Act
and Assessing the Environmental Effects Abroad of EPA Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is issuing a direct final rule to make corrections to its
rule entitled ``Procedures for Implementing the National Environmental
Policy Act and Assessing the Effects Abroad of EPA Actions,'' which was
published September 19, 2007. Since the final rule became effective on
October 19, 2007, EPA has received inquiries about some minor
inconsistencies and ambiguities in the final rule. This action involves
four minor, technical corrections to the rule to address those issues.
The first correction expands the definition of ``applicants'' to
include those who request EPA approvals. The second change clarifies
that a categorical exclusion includes vacant land. The third change
corrects the text to indicate that the number of extraordinary
circumstances is ten. The last change expands Subpart C to apply to EPA
approvals as well as permits and assistance grants.

DATES: This rule is effective on April 6, 2009 without further notice,
unless EPA receives adverse comment by March 6, 2009. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2009-0006, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: Hargrove.robert@epa.gov.
    Fax: 202-564-0072, Attention: Robert Hargrove.
    Mail: EPA-HQ-OECA-2009-0006, Environmental Protection
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket
and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    Hand Delivery: Public Reading Room, Room B102, Enforcement
and Compliance Docket and Information Center, EPA West Building, 1301
Constitution Avenue, 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.   

FOR FURTHER INFORMATION CONTACT: Robert Hargrove, Office of Enforcement
and Compliance Assurance, NEPA Compliance Division (MC 2252A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number: (202) 564-7157; fax number:
(202) 564-0072; e-mail address: Hargrove.robert@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: ALL - PR. EPA. Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Proposed Rules]              
[Page 6008-6010]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 6

[EPA-HQ-OECA-2009-0006; FRL-8766-1]
RIN 2020-AA48

Procedures for Implementing the National Environmental Policy Act
and Assessing the Environmental Effects Abroad of EPA Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to correct its rule entitled ``Procedures for
Implementing the National Environmental Policy Act and Assessing the
Effects Abroad of EPA Actions,'' which was published September 19,
2007. Since the final rule became effective on October 19, 2007, EPA
has received inquiries about some minor inconsistencies and ambiguities
in the final rule. This action involves four minor, technical
corrections to the rule to address those issues. The first correction
expands the definition of ``applicants'' to include those who request
EPA approvals. The second change clarifies that a categorical exclusion
includes vacant land. The third change corrects the text to indicate
that the number of extraordinary circumstances is ten. The last change
expands Subpart C to apply to EPA approvals as well as permits and
assistance grants. In the ``Rules and Regulations'' section of this
Federal Register, we have made these four changes as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.

DATES: Any comments must be received by March 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-

[[Page 6009]]

OECA-2009-0006], by mail to by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: Hargrove.robert@epa.gov.
    Fax: 202-564-0072, Attention: Robert Hargrove.
    Mail: EPA-HQ-OECA-2009-0006, Environmental Protection
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket
and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    Hand Delivery: Public Reading Room, Room B102, Enforcement
and Compliance Docket and Information Center, EPA West Building, 1301
Constitution Avenue, 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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Hargrove; NEPA Compliance
Division; Office of Federal Activities (Mailcode 2252A), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 564-7157; fax number: (202)-564-0072; e-mail
address: Hargrove.robert@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: TOXICS - ND. EPA. Pesticide Experimental Use Permit; Receipt of Amendment/Extension Application; Comment Request
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]              
[Page 6031-6032]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0941; FRL-8399-1]

Pesticide Experimental Use Permit; Receipt of Amendment/Extension
Application; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 524-EUP-
1 from Monsanto Company requesting to amend and extend an experimental
use permit (EUP) for the plant-incorporated protectant (PIP) Bacillus
thuringiensis Cry1Ac protein and the genetic material necessary for its
production (vector PV-GMIR9) in MON 87701 soybean. The Agency has
determined that the permit may be of regional and national
significance. Therefore, in accordance with 40 CFR 172.11(a), the
Agency is soliciting comments on this application.

DATES: Comments must be received on or before March 6, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0941, 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.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0941. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: 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., 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 either 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 hours of
operation of this Docket Facility are 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: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 605-0515; e-mail
address: reynolds.alan@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: ALL - ND. EPA. EPA Science Advisory Board Staff Office; Request for Nominations of Experts for EPA Science Advisory Board, Scientific and Technological
Achievement Awards Committee
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]              
[Page 6033-6034]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8770-8]

EPA Science Advisory Board Staff Office; Request for Nominations
of Experts for EPA Science Advisory Board, Scientific and Technological
Achievement Awards Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The EPA Science Advisory Board (SAB) Staff Office is
requesting nominations for experts to serve on a SAB Scientific and
Technological Achievement Awards (STAA) Committee. This Committee will
review peer-reviewed publications from EPA scientists and makes
recommendations for awards.

DATES: Nominations should be submitted by February 25, 2009 per
instructions below.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this Notice and Request for Nominations
may contact Mr. Edward Hanlon, Designated Federal Officer (DFO), SAB
Staff Office, by telephone/voice mail at (202) 343-9946; by fax at
(202) 233-0643 or via email at hanlon.edward@epa.gov. General
information concerning the EPA Science Advisory Board can be found at
the EPA SAB Web site at http://www.epa.gov/sab.

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

ANNOUNCEMENT 5


Subject: ENERGY - NM. DOE. Biological and Environmental Research Advisory Committee
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]              
[Page 6017-6018]

DEPARTMENT OF ENERGY

Biological and Environmental Research Advisory Committee

AGENCY: Department of Energy; Office of Science.

ACTION: Notice of open meeting.

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SUMMARY: This notice announces a meeting of the Biological and
Environmental Research Advisory Committee. Federal Advisory Committee
Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these
meetings be announced in the Federal Register.

DATES: Wednesday, February 18, 2009, 8:30 a.m. to 5:30 p.m. and
Thursday, February 19, 2009, 8:30 a.m. to 12:30 p.m., E.S.T.

ADDRESSES: Bethesda North Marriott Hotel & Conference Center, 5701
Marinelli Road, North Bethesda, MD 20852.

FOR FURTHER INFORMATION CONTACT: Dr. David Thomassen (301-903-9817;
david.thomassen@science.doe.gov) Designated Federal Officer, Biological
and Environmental Research Advisory Committee, U.S. Department of
Energy, Office of Science, Office of Biological and Environmental
Research, SC-23/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585-1290. The most current information concerning this meeting can be found on the Web site: http://www.science.doe.gov/ober/berac/
announce.html
.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 6


Subject: ENERGY - NM. DOE. Hydrogen and Fuel Cell Technical Advisory Committee (HTAC)
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]              
[Page 6018]

DEPARTMENT OF ENERGY

Hydrogen and Fuel Cell Technical Advisory Committee (HTAC)

AGENCY: Department of Energy, Office of Energy Efficiency and Renewable
Energy.

ACTION: Notice of open meeting.

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SUMMARY: The Hydrogen and Fuel Cell Technical Advisory Committee (HTAC)
was established under section 807 of the Energy Policy Act of 2005
(EPACT), Public Law No. 109-58; 119 Stat. 849. The Federal Advisory
Committee Act, Public Law No. 92-463, 86 Stat. 770, requires that
agencies publish notice of an advisory committee meeting in the Federal
Register. To attend the meeting and/or to make oral statements during
the public comment period, please e-mail HTAC@nrel.gov at least 5
business days before the meeting. Please indicate if you will be
attending the meeting both days or a specific day, if you want to make
an oral statement on February 19, 2009, and what organization you
represent (if appropriate).

DATES: Wednesday, February 18, 2009, from 8:30 a.m.-5:30 p.m. and
Thursday, February 19, 2009, from 9 a.m.-2:45 p.m.

ADDRESSES: Crystal Gateway Marriott, 1700 Jefferson Davis Highway,
Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: HTAC@nrel.gov.

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

ANNOUNCEMENT 7


Subject: ALL - Excecutive Order. Regulatory Planning and Review; Revocation of Previous Executive Orders (EO 13497)
 
[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Presidential Documents]              
[Page 6113]   
                        Presidential Documents 

                Executive Order 13497 of January 30, 2009
 
                Revocation of Certain Executive Orders Concerning
                Regulatory Planning and Review

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

                Section 1. Executive Order 13258 of February 26, 2002,
                and Executive Order 13422 of January 18, 2007,
                concerning regulatory planning and review, which
                amended Executive Order 12866 of September 30, 1993,
                are revoked.

                Sec. 2. The Director of the Office of Management and
                Budget and the heads of executive departments and
                agencies shall promptly rescind any orders, rules,
                regulations, guidelines, or policies implementing or
                enforcing Executive Order 13258 or Executive Order
                13422, to the extent consistent with law.

                Sec. 3. This order is not intended to, and does not,
                create any right or benefit, substantive or procedural,
                enforceable at law or in equity by any party against
                the United States, its departments, agencies, or
                entities, its officers, employees, or agents, or any
                other person.                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

 
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