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Federal Register
Vol. 74, No. 59
Monday, March 30, 2009
Vol. 74, No. 59
Monday, March 30, 2009
There are 5 announcements in this issue
1. TOXICS - ND. EPA. Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to Amend Registrations to Terminate Uses of Certain Pesticide
Registrations
Registrations
2. LAND - FR/Delay Effective Date. USDA/Forest Service. Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products
3. ENERGY, TRANSPORT - FR. DOT/. Average Fuel Economy Standards Passenger Cars and Light Trucks Model Year 2011
4. WILDLIFE - ND. DOD/Department of the Navy. Notice of Availability of Department of the Navy Report to the Council on Environmental Quality on the Use of Alternative Arrangements
5. AGRICULTURE, TOXICS - ND. USDA/Agricultural Research Service. Solicitation of Nominations, Advisory Committee on Biotechnology and 21st Century Agriculture
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 - ND. EPA. Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to Amend Registrations to Terminate Uses of Certain Pesticide
Registrations
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14122-14125]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0123; FRL-8405-9]
Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to
Amend Registrations to Terminate Uses of Certain Pesticide
Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrants to voluntarily amend
their registrations to terminate uses of certain products containing
the pesticide pentachloronitrobenzene, or PCNB. The requests would
terminate PCNB use on golf course roughs (i.e., use on golf courses
will be limited to tees, greens, and fairways); residential sites
including lawns, yards, and ornamental plants and gardens around homes
and apartments; grounds around day care facilities; school yards; parks
(except industrial parks); playgrounds; and athletic fields (except
professional and college fields). The requests would not terminate the
last PCNB products registered for use in the United States. EPA intends
to grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests, or
unless the registrants withdraw their requests within this period. Upon
acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments must be received on or before April 29, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0123, 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: Jill Bloom, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax
number: (703) 308-7070; e-mail address: bloom.jill@epa.gov.
[Notices]
[Page 14122-14125]
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0123; FRL-8405-9]
Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to
Amend Registrations to Terminate Uses of Certain Pesticide
Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrants to voluntarily amend
their registrations to terminate uses of certain products containing
the pesticide pentachloronitrobenzene, or PCNB. The requests would
terminate PCNB use on golf course roughs (i.e., use on golf courses
will be limited to tees, greens, and fairways); residential sites
including lawns, yards, and ornamental plants and gardens around homes
and apartments; grounds around day care facilities; school yards; parks
(except industrial parks); playgrounds; and athletic fields (except
professional and college fields). The requests would not terminate the
last PCNB products registered for use in the United States. EPA intends
to grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests, or
unless the registrants withdraw their requests within this period. Upon
acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments must be received on or before April 29, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0123, by one of the following methods:
Follow the on-line instructions for submitting comments.
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
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: Jill Bloom, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax
number: (703) 308-7070; e-mail address: bloom.jill@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: LAND - FR/Delay Effective Date. USDA/Forest Service. Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14049]
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 223 and 261
RIN 0596-AB81
Sale and Disposal of National Forest System Timber; Special
Forest Products and Forest Botanical Products
AGENCY: Forest Service, USDA.
ACTION: Notice of Delay of Effective Date.
-----------------------------------------------------------------------
SUMMARY: The Department is delaying the effective date of this rule for
an additional 60 days. The Department previously delayed the effective
date and sought comment for 30 days ending on March 2, 2009 (74 FR
5107). More time is needed for the Forest Service to properly respond
to the comments and to consider any potential changes to the rule. The
rule regulates the sustainable free use, commercial harvest, and sale
of special forest products and forest botanical products from National
Forest System lands.
DATES: The effective date for the rule published at 73 FR 79367,
December 29, 2008, is delayed until May 29, 2009.
FOR FURTHER INFORMATION CONTACT: Richard Fitzgerald, Forest Service,
Forest Management Staff, (202) 205-1753. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Standard Time, Monday through Friday.
[Rules and Regulations]
[Page 14049]
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 223 and 261
RIN 0596-AB81
Sale and Disposal of National Forest System Timber; Special
Forest Products and Forest Botanical Products
AGENCY: Forest Service, USDA.
ACTION: Notice of Delay of Effective Date.
-----------------------------------------------------------------------
SUMMARY: The Department is delaying the effective date of this rule for
an additional 60 days. The Department previously delayed the effective
date and sought comment for 30 days ending on March 2, 2009 (74 FR
5107). More time is needed for the Forest Service to properly respond
to the comments and to consider any potential changes to the rule. The
rule regulates the sustainable free use, commercial harvest, and sale
of special forest products and forest botanical products from National
Forest System lands.
DATES: The effective date for the rule published at 73 FR 79367,
December 29, 2008, is delayed until May 29, 2009.
FOR FURTHER INFORMATION CONTACT: Richard Fitzgerald, Forest Service,
Forest Management Staff, (202) 205-1753. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Standard Time, Monday through Friday.
ANNOUNCEMENT 3
Subject: ENERGY, TRANSPORT - FR. DOT/. Average Fuel Economy Standards Passenger Cars and Light Trucks Model Year 2011
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14195-14456]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 523, 531, 533, 534, 536 and 537
[Docket No. NHTSA-2009-0062]
RIN 2127-AK29
Average Fuel Economy Standards Passenger Cars and Light Trucks
Model Year 2011
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; record of decision.
-----------------------------------------------------------------------
SUMMARY: The future of this country's economy, security, and
environment are linked to one key challenge: energy. To reduce fuel
consumption, NHTSA has been issuing Corporate Average Fuel Economy
(CAFE) standards since the late 1970's under the Energy Policy and
Conservation Act (EPCA). However, the principal effects of these
standards are broader than their statutory purpose. Reducing fuel
consumption conserves petroleum, a non-renewable energy source, saves
consumers money, and promotes energy independence and security by
reducing dependence on foreign oil. It also directly reduces the motor
vehicle tailpipe emissions of carbon dioxide (CO2 ), which is
the principal greenhouse gas emitted by motor vehicles.
The Energy Independence and Security Act (EISA) amended EPCA by
mandating that the model year (MY) 2011-2020 CAFE standards be set
sufficiently high to ensure that the industry-wide average of all new
passenger cars and light trucks, combined, is not less than 35 miles
per gallon by MY 2020. This is a minimum requirement, as NHTSA must set
standards at the maximum feasible level in each model year. NHTSA will
determine, based on all of the relevant circumstances, whether that
additional requirement calls for establishing standards that reach the
35 mpg goal earlier than MY 2020.
NHTSA published a proposal in May 2008 to begin implementing EISA
by establishing CAFE standards for MYs 2011-2015. A draft final rule
for those model years was completed, but not issued.
In the context of his calls for the development of new national
policies to prompt sustained domestic and international actions to
address the closely intertwined issues of energy independence, energy
security and climate change, the President issued a memorandum on
January 26, 2009, requesting NHTSA to divide its rulemaking into two
parts. First, he requested the agency to issue a final rule adopting
CAFE standards for MY 2011 only. Given the substantial time and
analytical effort involved in developing CAFE standards and the limited
amount of time before the statutory deadline of March 30, 2009 for
establishing the MY 2011 standards, the agency has necessarily based
this one year final rule almost wholly on the information available to
it and the analysis performed by it in support of the draft final rule
completed last fall.
Second, the President requested NHTSA to establish standards for MY
2012 and later after considering the appropriate legal factors, the
comments filed in response to the May 2008 proposal, the relevant
technological and scientific considerations, and, to the extent
feasible, a forthcoming report by the National Academy of Sciences,
mandated under section 107 of EISA, assessing existing and potential
automotive technologies and costs that can practicably be used to
improve fuel economy. The deferral of action on standards for the later
model years provides the agency with an opportunity to review its
approach to CAFE standard setting, including its methodologies,
economic and technological inputs and decisionmaking criteria, so as to
ensure that it will produce standards that contribute, to the maximum
extent possible within the limits of EPCA/EISA, to meeting the energy
and environmental challenges and goals outlined by the President.
NHTSA estimates that the MY 2011 standards will raise the industry-
wide combined average to 27.3 mpg, save 887 million gallons of fuel
over the lifetime of the MY 2011 cars and light trucks, and reduce
CO2 emissions by 8.3 million metric tons during that period.
DATES: This final rule is effective May 29, 2009.
Petitions for reconsideration must be received by May 14, 2009.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For policy and technical issues: Ms.
Julie Abraham or Mr. Peter Feather, Office of Rulemaking, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone: Ms. Abraham (202) 366-1455; Mr.
Feather (202) 366-0846.
For legal issues: Mr. Stephen Wood or Ms. Rebecca Yoon, Office of
the Chief Counsel, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-
2992.
[Rules and Regulations]
[Page 14195-14456]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 523, 531, 533, 534, 536 and 537
[Docket No. NHTSA-2009-0062]
RIN 2127-AK29
Average Fuel Economy Standards Passenger Cars and Light Trucks
Model Year 2011
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; record of decision.
-----------------------------------------------------------------------
SUMMARY: The future of this country's economy, security, and
environment are linked to one key challenge: energy. To reduce fuel
consumption, NHTSA has been issuing Corporate Average Fuel Economy
(CAFE) standards since the late 1970's under the Energy Policy and
Conservation Act (EPCA). However, the principal effects of these
standards are broader than their statutory purpose. Reducing fuel
consumption conserves petroleum, a non-renewable energy source, saves
consumers money, and promotes energy independence and security by
reducing dependence on foreign oil. It also directly reduces the motor
vehicle tailpipe emissions of carbon dioxide (CO
the principal greenhouse gas emitted by motor vehicles.
The Energy Independence and Security Act (EISA) amended EPCA by
mandating that the model year (MY) 2011-2020 CAFE standards be set
sufficiently high to ensure that the industry-wide average of all new
passenger cars and light trucks, combined, is not less than 35 miles
per gallon by MY 2020. This is a minimum requirement, as NHTSA must set
standards at the maximum feasible level in each model year. NHTSA will
determine, based on all of the relevant circumstances, whether that
additional requirement calls for establishing standards that reach the
35 mpg goal earlier than MY 2020.
NHTSA published a proposal in May 2008 to begin implementing EISA
by establishing CAFE standards for MYs 2011-2015. A draft final rule
for those model years was completed, but not issued.
In the context of his calls for the development of new national
policies to prompt sustained domestic and international actions to
address the closely intertwined issues of energy independence, energy
security and climate change, the President issued a memorandum on
January 26, 2009, requesting NHTSA to divide its rulemaking into two
parts. First, he requested the agency to issue a final rule adopting
CAFE standards for MY 2011 only. Given the substantial time and
analytical effort involved in developing CAFE standards and the limited
amount of time before the statutory deadline of March 30, 2009 for
establishing the MY 2011 standards, the agency has necessarily based
this one year final rule almost wholly on the information available to
it and the analysis performed by it in support of the draft final rule
completed last fall.
Second, the President requested NHTSA to establish standards for MY
2012 and later after considering the appropriate legal factors, the
comments filed in response to the May 2008 proposal, the relevant
technological and scientific considerations, and, to the extent
feasible, a forthcoming report by the National Academy of Sciences,
mandated under section 107 of EISA, assessing existing and potential
automotive technologies and costs that can practicably be used to
improve fuel economy. The deferral of action on standards for the later
model years provides the agency with an opportunity to review its
approach to CAFE standard setting, including its methodologies,
economic and technological inputs and decisionmaking criteria, so as to
ensure that it will produce standards that contribute, to the maximum
extent possible within the limits of EPCA/EISA, to meeting the energy
and environmental challenges and goals outlined by the President.
NHTSA estimates that the MY 2011 standards will raise the industry-
wide combined average to 27.3 mpg, save 887 million gallons of fuel
over the lifetime of the MY 2011 cars and light trucks, and reduce
CO
DATES: This final rule is effective May 29, 2009.
Petitions for reconsideration must be received by May 14, 2009.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For policy and technical issues: Ms.
Julie Abraham or Mr. Peter Feather, Office of Rulemaking, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone: Ms. Abraham (202) 366-1455; Mr.
Feather (202) 366-0846.
For legal issues: Mr. Stephen Wood or Ms. Rebecca Yoon, Office of
the Chief Counsel, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-
2992.
ANNOUNCEMENT 4
Subject: WILDLIFE - ND. DOD/Department of the Navy. Notice of Availability of Department of the Navy Report to the Council on Environmental Quality on the Use of Alternative Arrangements
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14109]
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Availability of Department of the Navy Report to the
Council on Environmental Quality on the Use of Alternative Arrangements
AGENCY: Department of the Navy, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy (Navy) announces the availability
of its report to the Council on Environmental Quality (CEQ) on the
value and effectiveness of the Alternative Arrangements for the U.S.
Navy's Composite Training Unit Exercises (COMPTUEXs) and Joint Task
Force Exercises (JTFEXs) that occurred between January 15, 2008 and
January 23, 2009, in the Southern California (SOCAL) Operating Area.
The full text of the Navy's report to the CEQ is available for public
viewing on the Web site established for the SOCAL Range Complex
Environmental Impact Statement (EIS) at http://
www.socalrangecomplexeis.com.
[Notices]
[Page 14109]
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Availability of Department of the Navy Report to the
Council on Environmental Quality on the Use of Alternative Arrangements
AGENCY: Department of the Navy, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy (Navy) announces the availability
of its report to the Council on Environmental Quality (CEQ) on the
value and effectiveness of the Alternative Arrangements for the U.S.
Navy's Composite Training Unit Exercises (COMPTUEXs) and Joint Task
Force Exercises (JTFEXs) that occurred between January 15, 2008 and
January 23, 2009, in the Southern California (SOCAL) Operating Area.
The full text of the Navy's report to the CEQ is available for public
viewing on the Web site established for the SOCAL Range Complex
Environmental Impact Statement (EIS) at http://
www.socalrangecomplexeis.com.
ANNOUNCEMENT 5
Subject: AGRICULTURE, TOXICS - ND. USDA/Agricultural Research Service. Solicitation of Nominations, Advisory Committee on Biotechnology and 21st Century Agriculture
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14106-14107]
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Solicitation of Nominations, Advisory Committee on Biotechnology
and 21st Century Agriculture
AGENCY: Office of the Under Secretary, Research, Education, and
Economics, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to 5 U.S.C. App., the Agricultural Research Service
is requesting nominations for qualified persons to serve as members of
the Secretary's Advisory Committee on Biotechnology and 21st Century
Agriculture (AC21). The charge for the AC21 is two-fold: To examine the
long-term impacts of biotechnology on the U.S. food and agriculture
system and USDA; and to provide guidance to USDA on pressing individual
issues, identified by the Office of the Secretary, related to the
application of biotechnology in agriculture.
DATES: Written nominations must be received by fax or postmarked on or
before April 29, 2009.
ADDRESSES: All nomination materials should be sent to Michael
Schechtman, Designated Federal Official, Office of the Deputy
Secretary, USDA, 202B Jamie L. Whitten Federal Building, 14th and
Independence Avenue, SW., Washington, DC 20250.
FOR FURTHER INFORMATION CONTACT: Michael Schechtman, Telephone (202)
720-3817.
[Notices]
[Page 14106-14107]
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Solicitation of Nominations, Advisory Committee on Biotechnology
and 21st Century Agriculture
AGENCY: Office of the Under Secretary, Research, Education, and
Economics, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to 5 U.S.C. App., the Agricultural Research Service
is requesting nominations for qualified persons to serve as members of
the Secretary's Advisory Committee on Biotechnology and 21st Century
Agriculture (AC21). The charge for the AC21 is two-fold: To examine the
long-term impacts of biotechnology on the U.S. food and agriculture
system and USDA; and to provide guidance to USDA on pressing individual
issues, identified by the Office of the Secretary, related to the
application of biotechnology in agriculture.
DATES: Written nominations must be received by fax or postmarked on or
before April 29, 2009.
ADDRESSES: All nomination materials should be sent to Michael
Schechtman, Designated Federal Official, Office of the Deputy
Secretary, USDA, 202B Jamie L. Whitten Federal Building, 14th and
Independence Avenue, SW., Washington, DC 20250.
FOR FURTHER INFORMATION CONTACT: Michael Schechtman, Telephone (202)
720-3817.
