Changes to the Federal Register for June 28, 2007

Grants And Agreements 2 CFR 1-END
Part 376 - The Department of Health and Human Services ("HHS" or the "Department") adopted, by an interim final rule, the Office of Management and Budget (OMB) guidance at 2 CFR part 180 on nonprocurement debarment and suspension including some provisions specific to HHS. Public comment on this action was solicited in a Federal Register notice dated March 1, 2007. No comments were received; therefore, the Department makes no changes to its interim final rule and it remains in effect as of March 1, 2007. Pursuant to the requirements in OMB guidance, HHS makes final the following regulatory actions: Removes its existing regulation on nonprocurement debarment at 45 CFR part 76, establishes a new part 376 in title 2 Code of Federal Regulations (CFR) adopting OMB's guidance and adding provisions specific to HHS, and revises the reference in 45 CFR 74.13 to reflect the new citation to 2 CFR part 376. [72 FR 35349]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Westport PAL Fireworks in Westport, CT. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 35350]

Navigation and Navigable Waters 33 CFR 125-199
Part 165 - The Coast Guard is establishing a temporary safety zone for the Lawrence Beach Club Fireworks, Atlantic Beach, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the effective period is prohibited without approval of the Captain of the Port, Long Island Sound. [72 FR 35352]

Air Programs 40 CFR 1-69
Parts 51, 52, 72, 73, 74, 78, 96, and 97 - The EPA is providing notice that it has responded to 4 petitions for reconsideration of a final rule published in the Federal Register on April 28, 2006. The rule promulgated Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to a petition from North Carolina that was submitted under section 126 of the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to publishing the rule, EPA received 4 petitions for reconsideration from ARRIPA (dated June 26, 2006), Colver Power Project (dated June 27, 2006), the State of North Carolina (dated June 26, 2006), and Southern Environmental Law Center (on behalf of Southern Environmental Law Center, Sierra Club, and Environment North Carolina) (dated June 27, 2006). The EPA considered the petitions and supporting information along with information contained in the rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners dated February 27, 2007 to ARRIPA and to Colver Power Project and dated May 7, 2007 to Southern Environmental Law Center and to the State of North Carolina. The letters explain EPA's reasons for the denials. [72 FR 35354]


Air Programs 40 CFR 1-69
Part 52 - Due to an adverse comment, EPA is withdrawing the direct final rule published May 25, 2007 (72 FR 29273), approving a revision to the State Implementation Plan of the State of Florida. This revision grants full approval to implement the State's Clean Air Act Prevention of Significant Deterioration program for electric power plants subject to the Florida Electrical Power Plant Siting Act. EPA stated in the direct final rule that if EPA received an adverse comment by June 25, 2007, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment in a subsequent action. [72 FR 35355]

Air Programs II 40 CFR 70-99
Parts 51, 52, 72, 73, 74, 78, 96, and 97 - The EPA is providing notice that it has responded to 4 petitions for reconsideration of a final rule published in the Federal Register on April 28, 2006. The rule promulgated Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to a petition from North Carolina that was submitted under section 126 of the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to publishing the rule, EPA received 4 petitions for reconsideration from ARRIPA (dated June 26, 2006), Colver Power Project (dated June 27, 2006), the State of North Carolina (dated June 26, 2006), and Southern Environmental Law Center (on behalf of Southern Environmental Law Center, Sierra Club, and Environment North Carolina) (dated June 27, 2006). The EPA considered the petitions and supporting information along with information contained in the rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners dated February 27, 2007 to ARRIPA and to Colver Power Project and dated May 7, 2007 to Southern Environmental Law Center and to the State of North Carolina. The letters explain EPA's reasons for the denials. [72 FR 35354]

Air Programs II 40 CFR 70-99
Part 81 - The EPA is taking final action to extend the deferral of the effective date of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) designation for the Denver Early Action Compact (EAC) from July 1, 2007 to September 14, 2007. The EAC areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) requires. On November 29, 2006, EPA extended the deferred effective date for the Denver EAC area from December 31, 2006, to July 1, 2007. In that final rulemaking, EPA noted that there were issues with Denver's EAC that would need to be addressed before EPA would extend their deferral until April 15, 2008. The action extending the deferral to July 2007 was challenged, and the parties are discussing settlement. EPA is now issuing a short further deferral to preserve the status quo as settlement discussion take place. EPA is issuing at this time a short further deferral of the effective date of Denver's designation for the 8-hour ozone standard from July 1, 2007 to September 14, 2007. [72 FR 35356]

Superfund; Emergency Planning; Community Right-to-Know Programs 40 CFR 300-399
Part 300 - The Environmental Protection Agency (EPA), Region II, announces the deletion of the Mannheim Avenue Dump Superfund Site (Site), located in Galloway Township, New Jersey, from the National Priorities List (NPL) and will consider public comment on this action. The NPL was promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended and is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This Direct Final Deletion is being published by EPA with the concurrence of the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP). EPA and NJDEP have determined that potentially responsible parties have implemented all appropriate response actions under CERCLA, and further remedial action pursuant to CERCLA is not appropriate. Moreover, EPA and NJDEP have determined that the Site poses no significant threat to public health and the environment. [72 FR 35362]

Public Welfare 45 CFR 1-199
Parts 74 and 76 - The Department of Health and Human Services ("HHS" or the "Department") adopted, by an interim final rule, the Office of Management and Budget (OMB) guidance at 2 CFR part 180 on nonprocurement debarment and suspension including some provisions specific to HHS. Public comment on this action was solicited in a Federal Register notice dated March 1, 2007. No comments were received; therefore, the Department makes no changes to its interim final rule and it remains in effect as of March 1, 2007. Pursuant to the requirements in OMB guidance, HHS makes final the following regulatory actions: Removes its existing regulation on nonprocurement debarment at 45 CFR part 76, establishes a new part 376 in title 2 Code of Federal Regulations (CFR) adopting OMB's guidance and adding provisions specific to HHS, and revises the reference in 45 CFR 74.13 to reflect the new citation to 2 CFR part 376. [72 FR 35349]

Telecommunication 47 CFR 70-79
Part 73 - This document dismisses an Application for Review filed by Meadowlark Group, Inc. directed to the Memorandum Opinion and Order in this proceeding. With this action, the proceeding is terminated. [72 FR 35365]