National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants

Wed, Jun 11 2008 11:00:00 GMT

This action proposes amendments to the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chloralkali plants. This NESHAP (hereafter called the ``2003 Mercury Cell MACT'') limited mercury air emissions from these plants. Following promulgation of the 2003 Mercury Cell Maximum Achievable Control Technology (MACT) NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the DC Circuit. By a letter dated April 8, 2004, EPA granted NRDC's petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA's action on
reconsideration. This action is EPA's proposed response to NRDC's petition for reconsideration.

We are not proposing any amendments to the control and monitoring requirements for stack emissions of mercury establi

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations

Wed, Jun 11 2008 11:00:00 GMT

The Fish and Wildlife Service adds one refuge to the list of areas open for sport fishing. We also amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 20082009 season.

Marine Mammals; Incidental Take During Specified Activities

Wed, Jun 11 2008 11:00:00 GMT

The Fish and Wildlife Service (Service or we) has developed regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule will be effective for 5 years from date of issuance. We find that the total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The regulations include: permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions)

Wed, Jun 11 2008 11:00:00 GMT

The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing programs and increase the activities available at six other refuges for the 2008 2009 season.

Wed, Jun 11 2008 11:00:00 GMT

___________________________________________________________________ Title 3--
The President
[[Page 33285]]
Executive Order 13465 of June 6, 2008

Amending Executive Order 12989, as Amended
By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, and in order to take further steps to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows:
Section 1. Executive Order 12989 of February 13, 1996, as amended, is further amended:
(a) by striking the title and inserting in lieu thereof ``Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligibility Verification System''; and (b) by striking the material that follows the title and precedes section 1 of the order and inserting in lieu thereof the following:
``This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers.
``Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard.
``I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.
[[Page 33286]]
``NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, it is hereby ordered as follows:''.
Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended by:
(a) striking the last sentence in subsection 1(a); and (b) striking subsection (b) and inserting in lieu thereof the following new subsections:
``(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce. ``(c) It is the policy of the executive branch to enforce fully the antidiscrimination provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 1324b) or any other law.
``(d) All discretion under this order shall be exercised consistent with the policies set forth in this section.''.
Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended to read as follows:
``Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.
``(b) The Secretary of Homeland Security:
``(i) shall administer, maintain, and modify as necessary and appropriate the electronic employment eligibility verification system designated by the Secretary under subsection (a) of this section; and
``(ii) may establish with respect to such electronic employment verification system:
``(A) terms and conditions for use of the system; and
``(B) procedures for monitoring the use, failure to use, or improper use of the system.
``(c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order. ``(d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General:
``(i) shall administer and enforce this order; and
``(ii) may, after consultation to the extent appropriate with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appropriate, issue such rules, regulations, or orders, or establish such requirements, as may be necessary and appropriate to implement this order.''.
[[Page 33287]]
Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by striking ``respective agencies'' and inserting in lieu thereof ``respective departments or agencies''.
Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to read as follows:
``Sec. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in the Federal procurement process. ``(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.''.
Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to read as follows:
``Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. ``(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
``(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.''.
Sec. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.

(Presidential Sig.)
THE WHITE HOUSE,
June 6, 2008.
[FR Doc. 08-1348
Filed 6-10-08; 11:02 am]
Billing code 3195-01-P

Wed, Jun 11 2008 11:00:00 GMT

[[Page 33289]]
Presidential Determination No. 2008-20 of June 4, 2008
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I hereby determine that it is necessary, in order to protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to beginning the process of moving our Embassy to Jerusalem. You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress.

(Presidential Sig.)
THE WHITE HOUSE,
Washington, June 4, 2008.
[FR Doc. 08-1349
Filed 6-10-08; 11:02 am]
Billing code 4710-10-P

The Federal Register

National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations

Marine Mammals; Incidental Take During Specified Activities

2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions)