Federal Register 2008-01-23: Vol 73 Iss 15

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Vol. 73 No. 15 Jan. 23, 2008
Pages 3861-4050
Federal Register/Vol. 73, No. 15/Wednesday, January 23, 2008
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.III
Contents
Federal Register
Vol. 73, No. 15
Wednesday, January 23, 2008
Agriculture Department Environmental Protection Agency
See Commodity Credit Corporation PROPOSED RULES
See Farm Service Agency Disapproval of Plan of Nevada; Clean Air Mercury Rule:
See Forest Service Extension of Comment Period, 3900-3901
See Natural Resources Conservation Service NOTICES
NOTICES Agency Information Collection Activities: Proposals,
Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3952-3958
Submissions, and Approvals, 3921 Certain New Chemicals: Receipt and Status Information,
3958-3964
Census Bureau Filing of Pesticide Petitions for Residues of Pesticide
NOTICES Chemicals in or on Various Commodities, 3964-3967
Request for Nominations to Serve on the Census Advisory National Lead Laboratory Accreditation Program:
Committee on the Hispanic Population, 3924 Notice of Availability of Revisions, 3967-3968
Project Performance Corporation: Transfer of Data, 3968-
Centers for Disease Control and Prevention 3969
RULES Receipt of Application for Emergency Exemption:
Interstate Shipment of Etiologic Agents, 3874-3879 Chlorantrdniliprole; Solicitation of Public Comment,
NOTICES 3969-3970
Agency Information Collection Activities; Proposals,
Submissions, and Approvals, 3977-3978 Farm Service Agency
NOTICES
Commerce Department
Agency Information Collection Activities: Proposals,
See Census Bureau
Submissions, and Approvals, 3921-3922
See International Trade Administration
See National Oceanic and Atmospheric Administration Federal Aviation Administration
NOTICES
RULES
Estimates of the Voting Age Population for 2007, 3923-
Airworthiness Directives:
3924
Boeing Model 777-200 and -300 Series Airplanes
Equipped with Rolls-Royce RB211-TRENT 800
Commodity Credit Corporation
Series Engines, 3863-3867
NOTICES
PROPOSED RULES
Agency Information Collection Activities; Proposals,
Airworthiness Directives:
Submissions, and Approvals, 3921-3922
Bell Helicopter Textron Canada (BHTC) Models 206A,
206B, 206L, 206L-1, 206L-3, and 206U-4
Copyright Office, Library of Congress
Helicopters, 3887-3889
PROPOSED RULES
Bell Helicopter Textron Canada Model 222, 222B, 222U,
Recordation of Notices of Termination of Transfers and
230 and 430 Helicopters, 3889-3891
Licenses:
Eurocopter Deutschland GMBH Model MBB-BK 117C-2
Clarifications, 3898-3900
Helicopters, 3885-3887
Drug Enforcement Administration Eurocopter France Model AS 355 N Helicopters, 3891-
3893
NOTICES
Medicine Shoppe-Jonesborough; Denial of Motion for Stay, Special Conditions:
3997-3998 Embraer S.A.; Model EMB-500; Brakes-Designation of
Applicable Regulations, 3884-3885
Employment and Training Administration Embraer S.A.; Model EMB-500; Static Pressure System,
3882-3884
NOTICES
Availability of Funds and Solicitation for Grant Embraer S.A., Model EMB-500; High Fuel Temperature,
Applications: 3881-3882
High Growth Job Training Initiative Grants for the Energy NOTICES
Industry, Construction and Skilled Trades, etc., Approval of Finding of No Significant Impact and Record
3998-4011 of Decision for Final Environmental Assessment:
Construction of a New Land-based Airport in Akutan,
Energy Department AK, 4040
See Federal Energy Regulatory Commission Finding of No Significant Impact, 4040-4043
RULES Intent to Rule on Change in Use of Aeronautical Property
Workplace Substance Abuse Programs at DOE Sites, 3861- at Louisville International Airport, KY, 4043—4044
3863 Meetings:
NOTICES RTCA, Inc., 4044-4045
229 Boundary Revision for the Oak Ridge Gaseous
Diffusion Plant, 3950-3951 Federal Energy Regulatory Commission
Reimbursement for Costs of Remedial Action at Active NOTICES
Uranium and Thorium Processing Sites, 3951 Meetings; Sunshine Act, 3952
IV Federal Register/Vol. 73, No. 15/Wednesday, January 23, 2008/Contents
Federal Reserve System International Trade Administration
NOTICES NOTICES
Proposals to Engage in Permissible Nonbanking Activities Corrosion-Resistant Carbon Steel Flat Products firom the
or Acquire Companies Engaged in Permissible Republic of Korea:
Nonbanking Activities, 3970-3971 Notice of Preliminary Results of Antidumping Duty New
Shipper Review, 3925-3928
Fish and Wildlife Service Rescission of Antidumping Duty Administrative Review,
NOTICES 3943
Endangered and Threatened Wildlife and Plants: Export Trade Certificate of Review, 3943-3945
Initiation of 5-Year Reviews of 10 Listed Species, 3991- Frozen Fish Fillets from’the Socialist Republic of Vietnam:
3993 Extension of Time Limit for Final Results of the Third
Environmental Impact Statement: Antidumping Duty Administrative Review, 3945
Sears Point Wetland and Watershed Restoration Project, Steel Nails from People’s Republic of China:
3993-3994 Preliminary Determination of Sales at Less Than Fair
Value and Partial Affirmative Determination of
Foreign Assets Control Office Critical Circumstances, etc., 3928-3942
NOTICES Steel Nails from the United Arab Emirates:
Additional Designations, Foreign Narcotics Kingpin Notice of Preliminary Determination of Sales at Less
Designation Act, 4045—4046 Than Fair Value and Postponement of Final
Determination, 3945-3950
Forest Service
NOTICES International Trade Commission
Resource Management Plans, etc.: NOTICES
Bull Run Watershed Management Plan, 3922-3923 Agency Information Collection Activities; Proposals,
Submissions, and Approvals, 3997
Health and Human Services Department
See Centers for Disease Control and Prevention Justice Department
See National Institutes of Health See Drug Enforcement Administration
NOTICES
Annual Update of the HHS Poverty Guidelines, 3971-3972 Labor Department
Decision to Evaluate a Petition to Designate a Class of See Employment and Training Administration
Employees at Spencer Chemical Co., Jayhawks Works, See Labor Statistics Bureau
Pittsburg, Kansas, etc., 3972 See Occupational Safety and Health Administration
Determination Concerning a Petition to Add a Class of
Employees to the Special Exposure Cohort, 3972 Labor Statistics Bureau
Final Effect of Designation of a Class of Employees for NOTICES
Addition to the Special Exposure Cohort, 3973 Agency Information Collection Activities; Proposals,
Findings of Scientific Misconduct, 3973 Submissions, and Approvals, 4011-4012
Secretarial Recognition of Certain Healthcare Information
Technology Standards Panel Interoperability Land Management Bureau
Specifications as Interoperability Standards, etc., 3973- NOTICES
3977 Meetings:
Carrizo Plain National Monument Advisory Committee,
Homeland Security Department 3994-3995
See U.S. Customs and Border Protection
Library of Congress
Housing and Urban Development Department See Copyright Office, Library of Congress
RULES
Demolition or Disposition of Public Housing Projects: Nationai Aeronautics and Space Administration
Correction, 3867-3868 NOTICES
NOTICES Meetings:
Funding Availability for the Section 202 Demonstration NASA Advisory Council, 4012
Pre-Development Grant Program, 3985-3991 NASA Advisory Committee:
Renewal of NASA’s International Space Station Advisory
Interior Department Committee Charter, 4013
See Fish and Wildlife Service National Environmental Policy Act; Constellation Program,
See Land Management Bureau 4013^014
See National Park Service Notice of Intent to Grant an Exclusive License, 4014-4015
See Surface Mining Reclamation and Enforcement Office
NOTICES National Credit Union Administration
Meetings: NOTICES
Blackstone River Valley National Heritage Corridor Meetings: Sunshine Act, 4015
Commission, 3991
National Highway Traffic Safety Administration
Internal Revenue Service PROPOSED RULES
RULES Federal Motor Vehicle Safety Standards, Child Restraint
Application of Section 338 to Insurance Companies, 3868- Systems;
3874 Anthropomorphic Test Drive, 3901-3920
Federal Register/Vol. 73, No. 15/Wednesday, January 23, 2008/Contents V
National Institutes of Health Meetings: Sunshine Act, 4023
NOTICES Northern Institutional Funds, et al.: Application, 4023—4027
Meetings: Self-regulatory Organizations: Proposed Rule Changes:
Center for Scientific Review, 3978-3980 American Stock Exchange LLC, 4027-4028
National Heart, Lung, and Blood Institute, 3980 Boston Stock Exchange, Inc., 4028-4035
National Institute on Drug Abuse, 3980-3981 International Securities Exchange, LLC, 4035—4036
National Library of Medicine, 3981 New York Stock Exchange LLC, 4036—4038
Philadelphia Stock Exchange, Inc., 4038—4040
National Oceanic and Atmospheric Administration
RULES State Department
Fisheries of the Exclusive Economic Zone Off Alaska:
RULES
Pacific Cod by Catcher Processors Using Pot Gear in the
Card Format Passport: Changes to Passport Fee Schedule:
Bering Sea and Aleutian Islands Management Area,
Correction, 3867
3879
Pacific Cod by Catcher Vessels 60 Feet (18.3 Meters)
Surface Mining Reclamation and Enforcement Office
Length Overall and Using Pot Gear in the Bering Sea
and Aleutian Islands Management Areas, 3879-3880 PROPOSED RULES
Kansas Regulatory Program, 3894-3898
National Park Service
NOTICES Thrift Supervision Office
Inventory Completion: NOTICES
Florida Museum of Natural History, Gainesville, FL emd Interagency Charter and Federal Deposit Insurance
Southwest Florida Water Management District, Application, 4046
Brooksville, FL, 3995-3996
U.S. Department of Agriculture, Forest Service, Gila Transportation Department
National Forest, NM and Southwest Museum of the See Federal Aviation Administration
American Indian, Autry National Center, CA, 3996- See National Highway Traffic Safety Administration
3997
Treasury Department
Natural Resources Conservation Service See Foreign Assets Control Office
NOTICES See Internal Revenue Service
Proposed Changes to the Natural Resources Conservation
See Thrift Supervision Office
Service’s National Handbook of Conservation Practices,
3923
U.S. Customs and Border Protection
Nuclear Regulatory Commission NOTICES
Agency Information Collection Activities: Proposals,
NOTICES
Submissions, and Approvals, 3981-3985
Confirmatory Order:
Southern California Edison Co., San Onofi’e Nuclear
Generating Station, 4016-4019 Veterans Affairs Department
Designation of Presiding Officer: NOTICES
Pacific Gas and Electric Co., 4019 Agency Information Collection Activities: Proposals,
Meetings: Sunshine Act, 4019—4020 Submissions, and Approvals, 4046-4049
Occupational Safety and Health Administration
PROPOSED RULES Reader Aids
Confined Spaces in Construction, 3893-3894
Consult the Reader Aids section at the end of this issue for
phone numbers, online resources, finding aids, reminders,
Securities and Exchange Commission
and notice of recently enacted public laws.
NOTICES
Agency Information Collection Activities: Proposals, To subscribe to the Federal Register Table of Contents
Submissions, and Approvals, 4020—4022 LISTSERV electronic mailing list, go to http://
Meetings: listserv.access.gpo.gov and select Online mailing list
Improvements to Financial Reporting Advisory archives, FEDREGTOC-L, Join or leave the list (or change
Committee, 4022—4023 settings): then follow the instructions.
VI Federal Register/Vol. 73, No. 15/Wednesday, January 23, 2008/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
10 CFR
707.3861
14 CFR
39.3863
Proposed Rules:
23 (3 documents) ...3881, 3882,
3884
39 (4 documents) ...3885, 3887,
3889, 3891
22 CFR
22. 3867
51.3867
24 CFR
970.3867
26 CFR
1.3868
602 .3868
29 CFR
Proposed Rules:
1926.3893
30 CFR
Proposed Rules:
916.3894
37 CFR
Proposed Rules:
201.3898
40 CFR
Proposed Rules:
62 .3900
42 CFR
72.3874
49 CFR
Proposed Rules:
571.3901
50 CFR
679 (2 documents).3879
3861
Rules and Regulations
Federal Register
Vol. 73, No. 15
Wednesday, January 23, 2008
This section of the FEDERAL REGISTER E. Review Under the Unfunded Mandates security. The Secretary determined that
contains regulatory documents having general Reform Act of 1995 all applicants for, and employees in,
applicability and legal effect, most of which F. Review Under the Treasury and General such positions are considered to be in
are keyed to and codified in the Code of Government Appropriations Act, 1999 TDPs, meaning they are subject to
Federal Regulations, which is published under G. Review Under ^ecutive Order 13132 applicant, random, and for cause drug
50 titles pursuant to 44 U.S.C. 1510. H. Review Under Executive Order 12988
I. Review Under the Treasury and General testing. This decision regarding TDPs is
The Code of Federal Regulations is sold by Government Appropriations Act, 2001 being implemented in accordance with
the Superintendent of Documents. Prices of J. Review Under Executive Order 13211 DOE Order 3792.3 (for Federal
new books are listed in the first FEDERAL K. Congressional Notification employees) and 10 CFR Part 707 (for
REGISTER issue of each week. V. Approval by the Office of the Secretary of DOE contractor employees). The
Energy Secretary further determined, with
I. Background regard to random drug testing, that
DEPARTMENT OF ENERGY employees in TDPs other than those
Pursuant to the Department of
designated to be included in the 100
10CFR Part 707 Energy’s (DOE or the Department)
percent annual sample pool be tested at
statutory authority, including the
a 30 percent annual sample rate.
RIN 1992-AA38 Atomic Energy Act of 1954, as amended
and the Drug-Free Workplace Act of II. Discussion of Amendments
Workplace Substance Abuse Programs 1988, DOE promulgated a rule on July
Today’s final rule amends the
at DOE Sites 22,1992, on DOE contractor workplace
Department of Energy’s regulations on
substance abuse programs (57 FR
AGENCY: Office of Health, Safety and 32652). The rule established minimum workplace substance abuse programs at
Security, Department of Energy. requirements for DOE contractors to use DOE sites to decrease the random drug
ACTION: Final rule. in developing and implementing testing rate of contractor employees in
programs that deal with the use of TDPs other than those in the 100
SUMMARY: The Department of Energy illegal drugs by their employees. The percent rate of testing pool. Currently,
(DOE) today publishes a final rule to rule provided for drug testing of 10 CFR 707.7(a)(2) provides that for
amend the Department’s regulations to contractor employees in, and applicants these TDPs, contractor programs “shall
decrease the random drug testing rate of for, testing designated positions (TDP) at provide for random tests at a rate equal
DOE contractor employees in testing sites owned or controlled by DOE and to 50 percent of the total number of
designated positions (TDP). Today’s operated under the authority of the employees (in these 'IDPs] for each 12
final rule also makes minor technical Atomic Energy Act of 1954. The month period.” Today’s final rule
changes that delete: A sentence Department determined that possible replaces “50” with “30,” consistent
pertaining to specimen collection and risks of serious harm to the environment with the Secretary’s decision to decrease
handling in order to conform the section and to public health, safety, and the random drug testing rate in
with the current U.S. Department of national security justified the conjunction with his decision to expand
Health and Human Services’ Mandatory imposition of a uniform rule the TDPs to include all applicants for,
Guidelines for Federal Workplace Drug establishing a baseline workplace and employees in, positions requiring a
Testing Programs-, and obsolete substance abuse program, including security clearance.
references to the Personnel Security drug testing. The rule created a new Part This final rule makes a minor
Assurance Program and the Personnel 707 of Title 10 in the Code of Federal technical amendment to update the
Assurance Program. Regulations entitled Workplace specimen collection and handling
EFFECTIVE DATE: This rule is effective Substance Abuse Programs at DOE provision to reflect current U.S.
February 22, 2008. Sites. Department of Health and Human
FOR FURTHER INFORMATION CONTACT: Ms. In consideration of the February 2007 Services’ (HHS) Mandatory Guidelines
Jacqueline D. Rogers, U.S. Department report on the Task Force Review of the for Federal Workplace Drug Testing
of Energy, Office of Health, Safety and Departmental Personnel Security Programs. Contractor substance abuse
Security, HS-11,1000 Independence Program, the Secretary of Energy issued programs are subject to the HHS
Avenue, SW., Washington, DC 20585; a memorandum on September 14, 2007 Mandatory Guidelines, as well as Part
[phone] or addressing drug testing for DOE 707 (see 10 CFR 707.5(a)). Section
[email protected]. positions that require access 707.12 addresses specimen collection,
authorizations (security clearances) handling, and laboratory analysis.
SUPPLEMENTARY INFORMATION: {http://www.directives.doe.gov/pdfs/ Section 707.12(b)(2) requires collecting
I. Background reftools/Drug Testing.pdf). The DOE a sufficient amount of urine to conduct
II. Discussion of Amendments Secretarial Memorandum stated the an initial test, a confirmatory test, and
III. Issuance of a Final Rule Secretary’s determination that all a retest, in accordance with the HHS
IV. Procedural Review Requirements Federal and contractor positions that Mandatory Guidelines. If there is not a
A. Review Under Executive Order 12866 require a secmity clearance (“Q” and sufficient amount, the collection site
B. Review Under National Environmental
“L”) and all positions occupied by person may give the individual
Policy Act
individuals who currently have security additional time in which to provide
C. Review Under the Regulatory Flexibility
Act clearances have the potential to urine for testing. In this situation, the
D. Review Under the Paperwork Reduction significantly affect the environment, current regulation provides that the
Act public health and safety, or national partial specimens are to be combined in
3862 Federal Register/Vol. 73, No. 15/Wednesday, January 23, 2008/Rules and Regulations
a single contciiner. The sentence B. Review Under the National that law requires each Federal agency to
requiring the combining of partial Environmental Policy Act assess the effects of Federal regulatory
specimens in a single container is not DOE has determined that this final actions on State, local, and tribal
consistent with current HHS Mandatory rule is covered under the Categorical governments, in the aggregate, or to the
Guidelines, and, therefore, this final Exclusion found in DOE’s National private sector, other than to the extent
rule removes the sentence. Environmental Policy Act regulations at such actions merely incorporate
requirements specifically set forth in a
The final rule also makes a minor paragraph A.5 of Appendix A to Subpart
statute. Section 202 of that title requires
technical amendment to delete D, 10 CFR, Part 1021, which applies to
a Federal agency to perform a detailed
references to the Personnel Security a rulemaking that amends an existing
assessment of the anticipated costs and
Assurance Program and the Personnel rule or regulation which does not
benefits of any rule that includes a
Assiurance Program since both of these change the environmental effect of the Federal mandate, which may result in
programs were cancelled with the rule or regulation being amended. costs to State, local or tribal
publication of 10 CFR part 712, Human C. Review Under the Regulatory governments, or to the private sector, of
Reliability Program. Flexibility Act $100 million or more in any one year
III. Issuance of a Final Rule The Regulatory Flexibility Act (5 (adjusted annually for inflation). Section
U.S.C. 601 et seq.) rer^uires preparation 204 of that title requires each agency
DOE has determined, pursuant to 5 of an initial regulatory flexibility that proposes a rule containing a
U.S.C. 553(b)(B), that prior notice and analysis for any rule that by law must significant Federal intergovernmental
an opportunity for public comment on be proposed for public comment, unless mandate to develop an effective process
this rule are uimecessary. DOE has the agency certifies that the rule, if for obtaining meaningful and timely
determined that the two changes DOE is promulgated, will not have a significant input ft’om elected officers of State,
making to Part 707 are so minor or economic impact on a substantial local, and tribal governments.
technical that the public would have no number of small entities. As required by This final rule does not impose a
particular interest in providing Executive Order 13272, “Proper Federal mandate on State, local or tribal
comments. As explained earlier in this Consideration of Small Entities in governments. The rule would not result
preamble, DOE is revising section Agency Rulemaking,” 67 FR 53461 in the expenditure by State, local, and
707.7(a)(2) to reduce the annual random (August 16, 2002), DOE published tribal governments in the aggregate, or
drug testing sample from 50 percent to procedures and policies on February 19, by the private sector, of $100 million or
30 percent. The change in the rate of 2003, to ensure that the potential more in any one year. Accordingly, no
testing of Federal employees in TDPs impacts of its rules on small entities are assessment or analysis is required under
(other than employees in the 100 properly considered during the the Unfunded Mandates Reform Act of
percent testing pool) already is being rulemaking process (68 FR 7990). DOE 1995.
implemented by the Office of Human has made its procedures and policies F. Review Under the Treasury and
Resources. Today’s amendment of available on the Office of the General General Government Appropriations
section 707.7(a)(2) establishes parity in Counsel’s Web site: http:// Act, 1999
www.gc.doe.gov.
the treatment of Federal employees and DOE has found that based on good Section 654 of the Treasury and
contractor employees, and by decreasing cause prior notice and opportunity for General Government Appropriations
the ft’equency of testing, reduces any public comments are unnecessary; and, Act, 1999 (Pub. L. 105-277), requires
burden associated with drug testing of therefore, the Regulatory Flexibility Act Federal agencies to issue a Family
contractor employees in these positions. does not apply to today’s rule. Policymaking Assessment for any
As to the amendment of section Accordingly, DOE has not prepared a rulemaking that may affect family well¬
707.12(b)(2), the deletion of the regulatory flexibility analysis for this being. This rule would not have any
sentence pertaining to specimen rulemaking. impact on the autonomy or integrity of
collection and handling is a technical the family as an institution.
change that is necessary to conform the D. Review Under the Paperwork Accordingly, DOE has concluded that it
section with the current HHS Reduction Act is not necessary to prepare a Family
Mandatory Guidelines. This rule does not impose any new Policymciking Assessment.
collection of information subject to
Based on the foregoing, DOE finds G. Review Under Executive Order 13132
review and approval by OMB under the
that good cause exists to waive the Paperwork Reduction Act (44 U.S.C. Executive Order 13132, “Federalism,”
requirement to provide prior notice and 3501 et seq.]. 64 FR 43255 (August 4, 1999) imposes
an opportimity to comment for this certain requirements on agencies
rulemaking. E. Review Under the Unfunded formulating and implementing policies
Mandates Reform Act of 1995 or regulations that preempt State law or
rV. Procedural Review Requirements
The Unfunded Mandates Reform Act that have federalism implications.
A. Review Under Executive Order 12866 of 1995 (Pub. L. 104—4) generally Agencies are required to examine the
requires Federal agencies to examine constitutional and statutory authority
Today’s regulatory action has been closely the impacts of regulatory actions supporting any action that would limit
determined not to be a “significant on State, local, and tribal governments. the policymaking discretion of the
regulatory action” under Executive Subsection 101(5) of title I of that law States and carefully assess the necessity
Order 12866, “Regulatory Planning and defines a Federal intergovernmental for such actions. DOE has examined this
Review,” 58 FR 51735 (October 4,1993). mandate to include any regulation that rule and has determined that it would
Accordingly, this action is not subject to would impose upon State, local, or not preempt State law and would not
review under that Executive Order by tribal governments an enforceable duty, have a substantial direct effect on the
the Office of Information and Regulatory except a condition of Federal assistance States, on the relationship between the
Affairs (OIRA) of the Office of or a duty arising from participating in a national government and the States, or
Management and Budget (OMB). voluntary Federal program. Title II of on the distribution of power and