Changes to the Federal Register for May 16, 2007

Agriculture Subtitle B Regulations Of The Department Of Agriculture (Continued) 7 CFR 700-899 Parts 800 and 801
We are adopting as a final rule, without change, an interim rule that previously extended the official inspection program to include testing of barley protein using near-infrared spectroscopy analyzers that were previously approved for different grains, established in the fee schedule a generic fee for all near-infrared measurements (NIR) and nuclear magnetic resonance (NMR) analyses, which is identical to existing fees. Also, we amended the regulations under the United States Grain Standards Act (USGSA) to establish performance tolerances for protein analyzers used to predict the percentage of protein in barley. [72 FR 27407]

Nuclear Regulatory Commission 10 CFR 1-199 Parts 11 and 25
The Nuclear Regulatory Commission (NRC) is amending the agency access authorization fees charged to licensees for work performed under the Material Access Authorization Program (MAAP) and the Information Access Authority Program (IAAP). The amended cost is due to an increase of the review time for each application for access authorization. The formula for calculating fees remains the same as based on current Office of Personnel Management (OPM) billing rates for personnel background investigations. The formula is designed to recover the full cost of processing a request for access authorization from the licensee. The use of the fee assessment formula tied to current OPM billing rates eliminates the need for the NRC to update its access authorization fee schedules through regular rulemakings. [72 FR 27408]

Employees' Benefits 20 CFR 400-499 Parts 404 and 416
On October 18, 2006, we published final rules in the Federal Register at 71 FR 61403 that made some revisions to 20 CFR 404.459 and 416.1340 to reflect section 201(a) of the Social Security Protection Act of 2004 (SSPA) providing for the imposition of administrative sanctions based on the failure to disclose information to us. Consistent with the effective date provisions enacted by Congress for section 201 of the SSPA, we stated in the preamble to those final rules that those sections of the regulations reflecting section 201 of the SSPA would not be applicable until implementation of the centralized computer file described in section 202 of the SSPA. That centralized computer file has now been fully implemented. Therefore, we are publishing this notice to announce the applicability date of the revisions to 20 CFR 404.459 and 416.1340. [72 FR 27424]

Employees' Benefits 20 CFR 400-499 Part 498
This document announces that on November 27, 2006, the Commissioner of Social Security (Commissioner) implemented the centralized computer file described in section 202 of the Social Security Protection Act of 2004 (SSPA). Until this centralized computer file was implemented, the portion of the final rules published on May 17, 2006, at 71 FR 28574, relating to the imposition of civil monetary penalties and/or assessments for withholding of information from, or failure to disclose information to, SSA, was not in effect. [72 FR 27425]

Air Programs 40 CFR 1-69 Parts 52 and 81
EPA is making determinations under the Clean Air Act (CAA) that the nonattainment areas of Flint (Genesee and Lapeer Counties), Grand Rapids (Kent and Ottawa Counties), Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), Benzie County, Cass County, Huron County, and Mason County have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). For the Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Benzie County, Huron County, and Mason County areas, these determinations are based on two overlapping three-year periods of complete, quality-assured ambient air quality monitoring data for the 2002-2004 seasons and the 2003-2005 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 show that the areas continue to attain the standard. For the Flint, Muskegon, Benton Harbor, and Cass County areas, these determinations are based on three years of complete quality-assured ambient air quality monitoring data for the 2004-2006 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. In addition, quality-assured data for 2003-2005 also demonstrate that the 8-hour NAAQS was attained during this period. [72 FR 27425]

Air Programs 40 CFR 1-69 Parts 60, 61, and 63
This action promulgates revisions to the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow for extensions to the deadline imposed for source owners and operators to conduct an initial or subsequent performance test required by applicable regulations. The General Provisions do not currently provide for extensions of the deadlines for conducting performance tests. [72 FR 27437]

Air Programs 40 CFR 1-69 Parts 52 and 81
On July 31, 2006, the Ohio Environmental Protection Agency (Ohio EPA) submitted a request to redesignate Jefferson County, Ohio to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In this submittal, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision for the ozone maintenance plan for Jefferson County. Additional supporting information was also submitted on October 3, 2006. Jefferson County is the Ohio portion of the Steubenville-Weirton, WV-OH 8-hour ozone nonattainment area. EPA is making a determination that this area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Quality-assured monitoring data for 2006 show that the area continues to attain the standard. EPA is also approving, as a SIP revision, the State's maintenance plan for Jefferson County. As a result, Ohio has now satisfied the criteria for redesignation of Jefferson County to attainment, and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in the 11-year 8-hour ozone maintenance plan for Jefferson County. [72 FR 27640]

Air Programs 40 CFR 1-69 Parts 52 and 81
On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was also submitted on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for the County. EPA is making a determination that the Wheeling (WV-OH) nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained. Quality assured monitoring data for 2006 shows that the area continues to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for Belmont County. As a result, Ohio has satisfied the criteria for redesignation of Belmont County to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in 8-hour ozone maintenance plan. [72 FR 27644]

Air Programs 40 CFR 1-69 Parts 52 and 81
On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate the Allen County, Ohio (Lima) and Stark County (Canton) nonattainment areas to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was also submitted on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for each County. EPA is making a determination that the Allen County, Ohio and Stark County, Ohio ozone nonattainment areas have attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 shows that the areas continue to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for the areas. As a result, Ohio has satisfied the criteria for redesignation of Allen County (Lima) and Stark County (Canton) to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in 8-hour ozone maintenance plan for each County. [72 FR 27648]

Air Programs 40 CFR 1-69 Parts 52 and 81
On September 22, 2006, the Ohio Environmental Protection Agency (Ohio EPA) submitted a request to redesignate Washington County (the Ohio Portion of the Parkersburg-Marietta, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was submitted on November 17, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for the County. EPA is making a determination that the Parkersburg-Marietta (WV-OH) nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained. Quality assured monitoring data for 2006 shows that the area continues to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for Washington County. As a result, Ohio has satisfied the criteria for redesignation of Washington County to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in the 8-hour ozone maintenance plan. [72 FR 27652]

Air Programs II 40 CFR 70-99 Parts 52 and 81
EPA is making determinations under the Clean Air Act (CAA) that the nonattainment areas of Flint (Genesee and Lapeer Counties), Grand Rapids (Kent and Ottawa Counties), Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), Benzie County, Cass County, Huron County, and Mason County have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). For the Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Benzie County, Huron County, and Mason County areas, these determinations are based on two overlapping three-year periods of complete, quality-assured ambient air quality monitoring data for the 2002-2004 seasons and the 2003-2005 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 show that the areas continue to attain the standard. For the Flint, Muskegon, Benton Harbor, and Cass County areas, these determinations are based on three years of complete quality-assured ambient air quality monitoring data for the 2004-2006 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. In addition, quality-assured data for 2003-2005 also demonstrate that the 8-hour NAAQS was attained during this period. [72 FR 27425]

Air Programs II 40 CFR 70-99 Parts 52 and 81
On July 31, 2006, the Ohio Environmental Protection Agency (Ohio EPA) submitted a request to redesignate Jefferson County, Ohio to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). In this submittal, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision for the ozone maintenance plan for Jefferson County. Additional supporting information was also submitted on October 3, 2006. Jefferson County is the Ohio portion of the Steubenville-Weirton, WV-OH 8-hour ozone nonattainment area. EPA is making a determination that this area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Quality-assured monitoring data for 2006 show that the area continues to attain the standard. EPA is also approving, as a SIP revision, the State's maintenance plan for Jefferson County. As a result, Ohio has now satisfied the criteria for redesignation of Jefferson County to attainment, and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in the 11-year 8-hour ozone maintenance plan for Jefferson County. [72 FR 27640]

Air Programs II 40 CFR 70-99 Parts 52 and 81
On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was also submitted on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for the County. EPA is making a determination that the Wheeling (WV-OH) nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained. Quality assured monitoring data for 2006 shows that the area continues to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for Belmont County. As a result, Ohio has satisfied the criteria for redesignation of Belmont County to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in 8-hour ozone maintenance plan. [72 FR 27644]

Air Programs II 40 CFR 70-99 Parts 52 and 81
On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate the Allen County, Ohio (Lima) and Stark County (Canton) nonattainment areas to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was also submitted on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for each County. EPA is making a determination that the Allen County, Ohio and Stark County, Ohio ozone nonattainment areas have attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 shows that the areas continue to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for the areas. As a result, Ohio has satisfied the criteria for redesignation of Allen County (Lima) and Stark County (Canton) to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in 8-hour ozone maintenance plan for each County. [72 FR 27648]

Air Programs II 40 CFR 70-99 Parts 52 and 81
On September 22, 2006, the Ohio Environmental Protection Agency (Ohio EPA) submitted a request to redesignate Washington County (the Ohio Portion of the Parkersburg-Marietta, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was submitted on November 17, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for the County. EPA is making a determination that the Parkersburg-Marietta (WV-OH) nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained. Quality assured monitoring data for 2006 shows that the area continues to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for Washington County. As a result, Ohio has satisfied the criteria for redesignation of Washington County to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in the 8-hour ozone maintenance plan. [72 FR 27652]

Water Programs 40 CFR 100-149 Part 112
The Environmental Protection Agency is today extending the dates by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans. This action allows the Agency time to promulgate further revisions to the SPCC rule before owners and operators are required to prepare or amend, and implement their SPCC Plans. EPA expects to propose further revisions to the SPCC rule later this year. [72 FR 27443]

Pesticides Programs 40 CFR 150-189 Part 180
This regulation establishes an exemption from the requirement of a tolerance for residues of Pythium oligandrum DV 74 on food crops. Biopreparaty Co. Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Pythium oligandrum DV 74. [72 FR 27448]

Pesticides Programs 40 CFR 150-189 Part 180
This regulation establishes time-limited tolerances for residues of chlorantraniliprole in or on apple and apple, wet pomace, celery, cucumber, head and leaf lettuce, pear, pepper, spinach, squash, tomato and watermelon commodities. DuPont Crop Protection requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The tolerances will expire on May 1, 2010. [72 FR 27452]

Pesticides Programs 40 CFR 150-189 Part 180
This regulation establishes a tolerance for combined residues of pendimethalin and its metabolite, 4-[(1-ethylpropyl)amino]-2-methyl- 3,5-dinitrobenzyl alcohol in or on beans; beans, forage; beans, hay; and peas (except field peas) to replace the current tolerances for bean, lima, seed; bean, lima, succulent; bean, forage; bean, hay; and pea, succulent. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). [72 FR 27455]

Pesticides Programs 40 CFR 150-189 Part 180
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Aspergillus flavus NRRL 21882 on corn when applied aerially once per season at the first sign of corn tasseling to reduce aflatoxin-producing Aspergillus flavus. Acta Group, 1203 Nineteenth St., NW., Suite 300, Washington, DC 20036-2401 on behalf of Circle One Global, Inc. One Arthur St. P.O. Box 28, Shellman, GA 39886-0028 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of Aspergillus flavus NRRL 21882. The temporary tolerance exemption expires on May 2, 2009. [72 FR 27460]

Pesticides Programs 40 CFR 150-189 Part 180
This regulation revises and separates the tolerances for acetochlor in 180.470 into paragraphs (a) through (d) and reassigns many of the current entries from paragraph (a) to paragraph (d), which applies to tolerances for indirect and inadvertent residues. This regulation also establishes several new tolerances and amends several existing tolerances under paragraph (a). It further establishes several new tolerances under paragraph (d); and amends and revises two tolerances moved to that paragraph. Details of these changes are outlined in Unit II. of this document. The Acetochlor Registration Partnership (ARP) and Monsanto Company requested these changes as submitted by petitions to EPA pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA). [72 FR 27463]

Telecommunication 47 CFR 0-19 Parts 1, 20, 27, and 90
In this document, the Federal Communications Commission (FCC) adopts final rules governing wireless licenses in the 698-806 MHz Band (i.e., the 700 MHz Band). This spectrum is currently occupied by television broadcasters and is being made available for wireless services, including public safety and commercial services, as a result of the digital television ("DTV") transition. [72 FR 27688]

Telecommunication 47 CFR 20-39 Parts 1, 20, 27, and 90
In this document, the Federal Communications Commission (FCC) adopts final rules governing wireless licenses in the 698-806 MHz Band (i.e., the 700 MHz Band). This spectrum is currently occupied by television broadcasters and is being made available for wireless services, including public safety and commercial services, as a result of the digital television ("DTV") transition. [72 FR 27688]

Telecommunication 47 CFR 80-END Parts 1, 20, 27, and 90
In this document, the Federal Communications Commission (FCC) adopts final rules governing wireless licenses in the 698-806 MHz Band (i.e., the 700 MHz Band). This spectrum is currently occupied by television broadcasters and is being made available for wireless services, including public safety and commercial services, as a result of the digital television ("DTV") transition. [72 FR 27688]