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Code · REGISTER · 2008-01-04 · Environmental Protection Agency (EPA) · Proposed Rules

Proposed Rules. Proposed rule

4,938 words·~22 min read·/register/2008/01/04/07-6106·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6560-50-M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2007-0534; FRL-8513-7] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NO X RACT Determinations for Merck and Co., Inc. AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan
(SIP)revision submitted by the Commonwealth of Pennsylvania to establish and require reasonably available control technology
(RACT)for Merck and Co., Inc. (Merck) located in Northumberland County, Pennsylvania. Merck is a major source of volatile organic compounds
(VOC)and nitrogen oxides (NO <sup>X</sup> ). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before February 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR-2007-0534 by one of the following methods: A. *www.regulations.gov* . Follow the on-line instructions for submitting comments. B. *E-mail: fernandez.cristina@epa.gov* . C. *Mail:* EPA-R03-OAR-2007-0534, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. *Hand Delivery:* At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R03-OAR-2007-0534. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at *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 *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site 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 *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public 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 electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., 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 electronically in *www.regulations.gov* or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto,
(215)814-2182, or by e-mail at *quinto.rose@epa.gov* . SUPPLEMENTARY INFORMATION: On June 13, 2007, the Pennsylvania Department of Environmental Protection (PADEP) submitted a revision to its SIP. This SIP revision consists of a source-specific operating permit issued by PADEP to establish and require RACT for Merck pursuant to Pennsylvania's SIP-approved generic RACT regulations. I. Background Pursuant to sections 182(b)(2) and 182(f) of the CAA, the Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is required to establish and implement RACT for all major VOC and NO <sup>X</sup> sources. The major source size is determined by its location, the classification of that area and whether it is located in the ozone transport region (OTR). Under section 184 of the CAA, RACT as specified in sections 182(b)(2) and 182(f), applies throughout the OTR. The entire Commonwealth is located within the OTR. Therefore, RACT is applicable statewide in Pennsylvania. SIP revisions imposing RACT for three classes of VOC sources are required under section 182(b)(2) of the CAA. *The categories are:*
(1)All sources covered by a Control Technique Guideline
(CTG)document issued between November 15, 1990 and the date of attainment;
(2)All sources covered by a CTG issued prior to November 15, 1990; and
(3)All major non-CTG sources. The Pennsylvania SIP already has approved RACT regulations and requirements for all sources and source categories covered by the CTGs. The Pennsylvania SIP also has approved regulations to require major sources of NO <sup>X</sup> and additional major sources of VOC emissions (not covered by a CTG) to implement RACT. These regulations are commonly termed the “generic RACT regulations”. A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories but instead establishes procedures for imposing case-by-case RACT determinations. The Commonwealth's SIP-approved generic RACT regulations consist of the procedures PADEP uses to establish and impose RACT for subject sources of VOC and NO <sup>X</sup> . Pursuant to the SIP-approved generic RACT rules, PADEP imposes RACT on each subject source in an enforceable document, usually a plan approval
(PA)or operating permit (OP). The Commonwealth then submits these PAs and OPs to EPA for approval as source-specific SIP revisions. EPA reviews these SIP revisions to ensure that PADEP has determined and imposed RACT in accordance with the provisions of the SIP-approved generic RACT rules. It must be noted that the Commonwealth has adopted and is implementing additional “post RACT requirements” to reduce seasonal NO <sup>X</sup> emissions in the form of a NO <sup>X</sup> cap and trade regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule developed by the States in the OTR. That regulation was approved as a SIP revision on June 6, 2000 (65 FR 35842). Pennsylvania has also adopted 25 Pa Code Chapter 145 to satisfy Phase I of the NO <sup>X</sup> SIP call. That regulation was approved as a SIP revision on August 21, 2001 (66 FR 43795). Federal approval of a source-specific RACT determination for a major source of NO <sup>X</sup> in no way relieves that source from any applicable requirements found in 25 Pa Code Chapters 121, 123 and 145. II. Summary of SIP Revision Merck is a chemical process facility and is a major source of VOC and NO <sup>X</sup> emissions located in Northumberland County, Pennsylvania. The Commonwealth's submittal consists of an operating permit (OP-49-0007B) that imposes VOC and NO <sup>X</sup> RACT requirements for Merck. PADEP established and imposed these RACT requirements in accordance with the criteria set forth in its SIP-approved generic RACT regulations applicable to Merck. In accordance with its SIP-approved generic RACT rule, the Commonwealth has also imposed recordkeeping, monitoring, and testing requirements on Merck sufficient to determine compliance with the applicable RACT determinations. III. Proposed Action EPA is proposing to approve the Pennsylvania SIP revision submitted by PADEP on June 13, 2007 to establish and require VOC and NO <sup>X</sup> RACT for Merck and Co., Inc. (OP-49-0007B) located in Northumberland County, Pennsylvania, pursuant to the Commonwealth's SIP-approved generic RACT regulations. EPA is soliciting public comments on this proposed rule to approve this source-specific RACT determination established and imposed by PADEP in accordance with the criteria set forth in its SIP-approved generic RACT regulation applicable to Merck. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This proposed rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to approve a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. This proposed rule approving the VOC and NO <sup>X</sup> RACT determinations for Merck and Co., Inc. located in Northumberland County, Pennsylvania, does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: December 19, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E7-25641 Filed 1-3-08; 8:45 am] BILLING CODE 6560-50-P 73 3 Friday, January 4, 2008 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0122] Notice of Decision To Issue Permits for the Importation of Arugula Leaves With Stems From Panama Into the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are advising the public of our decision to begin issuing permits for the importation into the continental United States of arugula leaves with stems from Panama. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of arugula leaves with stems from Panama. DATES: *Effective Date:* January 4, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Tony Roma n, Import Specialist, Commodity Import Analysis and Operations Staff, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;
(301)734-8758. SUPPLEMENTARY INFORMATION: Under the regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56 through 319.56-47, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. Section 319.56-4 of the regulations contains a performance-based process for approving the importation of commodities that, based on the findings of a pest risk analysis, can be safely imported subject to one or more of the designated phytosanitary measures listed in paragraph
(b)of that section. Under that process, APHIS publishes a notice in the **Federal Register** announcing the availability of the pest risk analysis that evaluates the risks associated with the importation of a particular fruit or vegetable. Following the close of the 60-day comment period, APHIS may begin issuing permits for importation of the fruit or vegetable subject to the identified designated measures if:
(1)No comments were received on the pest risk analysis;
(2)the comments on the pest risk analysis revealed that no changes to the pest risk analysis were necessary; or
(3)changes to the pest risk analysis were made in response to public comments, but the changes did not affect the overall conclusions of the analysis and the Administrator's determination of risk. In accordance with that process, we published a notice 1 in the **Federal Register** on October 4, 2007 (72 FR 56719-56720, Docket No. APHIS-2007-0122), in which we announced the availability, for review and comment, of a pest risk analysis that evaluates the risks associated with the importation into the continental United States of arugula leaves with stems from Panama. We solicited comments on the notice for 60 days ending on December 3, 2007. We did not receive any comments by that date. 1 To view the notice and the pest risk analysis, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0122.* Therefore, in accordance with the regulations in § 319.56-4(c)(2)(ii), we are announcing our decision to begin issuing permits for the importation into the continental United States of arugula leaves with stems from Panama subject to the requirement that each consignment of arugula be accompanied by a phytosanitary certificate issued by Panama's national plant protection organization to document that the consignment has been inspected and found practically free of pests. This condition will be listed in the fruits and vegetables manual (available at *http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf* ). In addition to this specific measure, the arugula will be subject to the general requirements listed in § 319.56-3 that are applicable to the importation of all fruits and vegetables. Done in Washington, DC, this 26th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-25554 Filed 1-3-08; 8:45 am] BILLING CODE 3410-34-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and deletion from the Procurement List. SUMMARY: This action adds to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a product previously furnished by such agencies. DATES: *Effective Date:* February 3, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On November 2, and November 9, 2007 the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 62207; 63555) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and service and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for addition to the Procurement List. End of Certification Accordingly, the following products and services are added to the Procurement List: Products Men's Charcoal Colored Cargo Pants HS2347 (All sizes) Men's Grey Colored Short Sleeve Polo w/pocket 2101-GR (All sizes) Men's Navy Colored Cargo Pants HS2347 (All sizes) Men's Navy Colored Labcoat 380 (All sizes) Men's Navy Colored Long Sleeve Twill 1790-NV (All sizes) Men's Navy Colored Short Sleeve Polo w/pocket 2101-NV (All sizes) Men's Navy Colored Side Elastic Pants E-2578 (All sizes) Men's White Colored Long Sleeve Twill 1790-WT (All sizes) Men's White Colored Short Sleeve Polo w/pocket 2101-WH (All sizes) Men's Wine Colored Long Sleeve Twill 1790-WN (All sizes) Men's Wine Colored Short Sleeve Polo w/pocket 2101-WN (All sizes) Navy Colored 3-1 Parka w/reflective panels HS3334 (All sizes) Unisex Grey Colored Hooded Sweatshirt 1805H (All sizes) Unisex Grey Colored Sweatshirt 73157 (All sizes) Unisex Hunter Green Colored Hooded Sweatshirt 1805H (All sizes) Unisex Hunter Green Colored Sweatshirt 73157 (All sizes) Unisex Long Sleeve Denim 3211DD (All sizes) Unisex Navy Colored Hooded Sweatshirt 1805H (All sizes) Unisex Navy Colored Long Sleeve Polo w/pocket 2108-NV (All sizes) Unisex Navy Colored Sweatshirt 73157 (All sizes) Unisex Wine Colored Long Sleeve Polo w/pocket 2108-WN (All sizes) Women's Charcoal Colored Cargo Pants HS2351 (All sizes) Women's Grey Colored Short Sleeve Polo w/o Pocket OB12-GR (All sizes) Women's Navy Colored Cargo Pants HS2351 (All sizes) Women's Navy Colored Labcoat 382 (All sizes) Women's Navy Colored Long Sleeve Twill 5790-NV (All sizes) Women's Navy Colored Short Sleeve Polo w/o Pocket OB12-NV (All sizes) Women's Navy Colored Side Elastic Pants E-8578 (All sizes) Women's White Colored Long Sleeve Twill 5790-WT (All sizes) Women's White Colored Short Sleeve Polo w/o Pocket OB12-WH (All sizes) Women's Wine Colored Long Sleeve Twill 5790-WN (All sizes) Women's Wine Colored Short Sleeve Polo w/o Pocket OB12-WN (All sizes) *NPA:* Human Technologies Corporation, Utica, NY. *Coverage:* C-List for the total Government requirements for U.S. Department of Agriculture, Minneapolis, MN. *Contracting Activity:* U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), Marketing and Regulatory Programs Business Services (MRPBS), Minneapolis, MN. Trousers, Men's Navy Work Uniforms
(NWU)03299 (All Sizes) Trousers, Women's Navy Work Uniforms
(NWU)03299 (All Sizes) Blouse, Men's Navy Work Uniforms
(NWU)03301 (All Sizes) Blouse, Women's Navy Work Uniforms
(NWU)03301 (All Sizes) *Coverage:* 100,000 sets in any combination of the above products. C-List for the requirements of the Defense Supply Center Philadelphia, Philadelphia, PA. *NPA:* ReadyOne Industries, Inc., El Paso, TX. *Contracting Activity:* Defense Supply Center Philadelphia, Philadelphia, PA. Services *Service Type/Location:* Document Destruction, Internal Revenue Service, 227 N. Bronough Street, Tallahassee, FL. *NPA:* Challenge Enterprises of North Florida, Inc., Green Cove Springs, FL. *Contracting Activity:* Department of the Treasury, Internal Revenue Services, Chamblee, GA. *Service Type/Location:* Document Destruction, Southwest VA Consolidated Mail-Out Pharmacy (CMOP), 3675 E. Britania Dr., Tucson, AZ. *NPA:* Beacon Group SW, Inc., Tucson, AZ. *Contracting Activity:* Department of Veteran Affairs, Consolidated Mail-Out Pharmacy (CMOP), Tucson, AZ. Deletion On November 9, 2007 the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 63555) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the product listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the product to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product deleted from the Procurement List. End of Certification Accordingly, the following product is deleted from the Procurement List: Product Shirt, Women's, Poly/Wool, Blue, Navy, Long Sleeve, Class 2, Tropical, w/o Epaulet NSN: 8410-01-229-9439 NSN: 8410-01-229-9443 NSN: 8410-01-229-9447 NSN: 8410-01-229-9451 NSN: 8410-01-229-9455 NSN: 8410-01-229-9456 NSN: 8410-01-229-9459 NSN: 8410-01-229-9463 NSN: 8410-01-229-9467 NSN: 8410-01-229-9471 NSN: 8410-01-229-9475 NSN: 8410-01-229-9483 NSN: 8410-01-229-9487 NSN: 8410-01-229-9499 NSN: 8410-01-229-9500 *NPA:* Middle Georgia Diversified Industries, Inc., Dublin, GA. *Contracting Activity:* Defense Supply Center Philadelphia, Philadelphia, PA. Patrick Rowe, Acting Executive Director. [FR Doc. E7-25632 Filed 1-3-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Proposed Addition and Deletion ACTION: Proposed addition to and deletion from Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product previously furnished by such agencies. *Comments Must be Received On or Before:* February 3, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: For Further Information or to Submit Comments Contact: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Addition If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice for each service will be required to procure the service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the service to the Government. 2. If approved, the action will result in authorizing small entities to furnish the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following service is proposed for addition to Procurement List for production by the nonprofit agencies listed: Service *Service Type/Location:* Document Destruction, Internal Revenue Service, 412 N. Cedar Bluff Rd, Knoxville, TN. *Service Type/Location:* Document Destruction, Internal Revenue Service, 710 Locust St., Knoxville, TN. *NPA:* Goodwill Industries—Knoxville, Inc., Knoxville, TN. *Contracting Activity:* Department of the Treasury, Internal Revenue Service, Chamblee, GA. Deletion Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the product to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product proposed for deletion from the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product is proposed for deletion from the Procurement List: Product Pencil, Mechanical, Bold Point *NSN:* 7520-01-354-2304. *NPA:* San Antonio Lighthouse for the Blind, San Antonio, TX. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr., New York, NY. Patrick Rowe, Acting Executive Director. [FR Doc. E7-25633 Filed 1-3-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration [A-533-823, A-834-807, A-307-820] Continuation of Antidumping Duty Orders on Silicomanganese from India, Kazakhstan, and Venezuela AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission
(ITC)that revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping duty orders. DATES: *Effective Date:* November 30, 2007. *Contact Information:* Douglas Kirby or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; *telephone:*
(202)482-3782 or
(202)482-1391, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated and the ITC instituted sunset reviews of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). *See Initiation of Five-Year (“Sunset”) Reviews,* 72 FR 42393 (April 2, 2007) ( *Notice of Initiation* ). As a result of its review, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. *See Silicomanganese from India, Kazakhstan, and Venezuela: Final Results of Expedited Five-Year (“Sunset”) Review of the Antidumping Duty Orders,* 72 FR 42393 (August 2, 2007). On November 28, 2007, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See Silicomanganese from India, Kazakhstan, and Venezuela;* 72 FR 67965 (December 3, 2007), and USITC Publication 3963 (November 2007), (Inv. No. 731-TA-929-931) (Review). Scope of the Orders For purposes of these orders, the products covered are all forms, sizes and compositions of silicomanganese, except low-carbon silicomanganese, including silicomanganese briquettes, fines and slag. Silicomanganese is a ferroalloy composed principally of manganese, silicon and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorous and sulfur. Silicomanganese is sometimes referred to as ferrosilicon manganese. Silicomanganese is used primarily in steel production as a source of both silicon and manganese. Silicomanganese generally contains by weight not less than 4 percent iron, more than 30 percent manganese, more than 8 percent silicon and not more than 3 percent phosphorous. Silicomanganese is properly classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Some silicomanganese may also be classified under HTSUS subheading 7202.99.5040. The low-carbon silicomanganese excluded from this scope is a ferro alloy with the following chemical specifications: minimum 55 percent manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 0.10 percent phosphorus, maximum 0.10 percent carbon and maximum 0.05 percent sulfur. Low-carbon silicomanganese is used in the manufacture of stainless steel and special carbon steel grades, such as motor lamination grade steel, requiring a very low carbon content. It is sometimes referred to as ferromanganese-silicon. Low-carbon silicomangense is classifiable under HTSUS subheading 7202.99.5040. This scope covers all silicomanganese, regardless of its tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope remains dispositive. Continuation of Orders As a result of the determinations by the Department and the ITC that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be November 30, 2007. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five-year review of these orders not later than October 2012. This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: December 10, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. 07-6106 Filed 1-3-08; 8:45 am]
Connectionstraces to 9
6 references not yet in our index
  • 40 CFR 52
  • Pub. L. 104-4
  • 7 CFR 319.56
  • 41 USC 46-48c
  • 41 CFR 51
  • 41 USC 47(a)(2)
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"If you don't know your rights, you don't have any."

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