November 10, 2008 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (the PRA).

In the Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) seeks comment on whether South Slope Cooperative Telephone Company, Inc. (South Slope) should be treated as an incumbent local exchange carrier (LEC) for purposes of section 251 of the Communications Act of 1934, as amended, (Communications Act or Act) in the Iowa exchanges of Oxford, Tiffin and Solon as provided for in section 251(h)(2) of the Act. The Commission also requests comment on the appropriate regulatory treatment of South Slope and Iowa Telecommunications Services, Inc. (Iowa Telecom), the legacy incumbent LEC in those exchanges pursuant to section 251 of the Act, if the Commission concludes that South Slope should be accorded incumbent LEC treatment in the Oxford, Tiffin and Solon exchanges.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing antidumping duty orders on polyethylene terephthalate film, sheet, and strip (PET Film) from Brazil, the People's Republic of China (PRC), and the United Arab Emirates (UAE). On October 31, 2008, the ITC notified the Department of its determination that the U.S. industry is threatened with material injury. See PET Film from Brazil, the PRC, and the UAE (Investigation Nos. 731-TA-1131-1134 (Final), USITC Publication 4040, October 2008). In addition, the Department is amending the final dumping margins for the UAE.

The Commission, at the request of petitioner ZGS Philadelphia, Inc. (``ZGS''), licensee of WWSI-DT, dismisses ZGS's pending Petition for Rulemaking to substitute DTV channel 10 for post-transition DTV channel 49 at Atlantic City, New Jersey.

This document requests comments on a petition for rulemaking filed by Charles Crawford, requesting the allotment of Channel 296A at Marquez, Texas. Channel 296A can be allotted to Marquez consistent with the minimum distance separation requirements of the Commission's Rules with the imposition of a site restriction located 13.6 kilometers (8.4 miles) west of the community at reference coordinates 31-14-20 NL and 96-23-45 WL.

In response to Petition for Rule Making filed by KSRV, Inc., licensee of Station KWRL, Channel 225C1, La Grande, Oregon, this document substitutes Channel 272C for vacant Channel 260C at Prairie City, Oregon. This substitution will enable Station KWRL to continue operation on Channel 260C1. This document also dismisses a Counterproposal filed by Pacific Empire Radio Corporation. The reference coordinates for the Channel 272C allotment at Prairie City, Oregon, are 45-07-21 and 117-46-44. With this action, this proceeding is terminated.

The Federal Communications Commission (Commission or FCC), as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection extension, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information extension is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Prior Disclosure Regulations. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (73 FR 51833) on September 5, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.

The Department of Homeland Security, Office of the Citizenship and Immigration Services Ombudsman, submits this extension for the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of the Citizenship and Immigration Services Ombudsman is soliciting comments concerning an extension to an existing information collection, DHS CIS Ombudsman Case Problem Submission, DHS Form 7001.

Pursuant to the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a), the Office of Management and Budget (OMB) Final Guidance Interpreting the Provisions of Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989), and OMB Circular A-130, Appendix I, notice is hereby given of the renewal of the computer matching program between the U.S. Department of Education (ED) (the recipient agency) and the U.S. Department of Veterans Affairs (VA) (the source agency). After the ED and VA Data Integrity Boards approve a new computer matching agreement (CMA), the computer matching program will begin on the effective date as specified in the CMA and as indicated in paragraph 5 of this notice. In accordance with the Privacy Act and applicable OMB guidance, the following information is provided: 1. Names of Participating Agencies. The U.S. Department of Education and the U.S. Department of Veterans Affairs. 2. Purpose of the Match. The purpose of this matching program between ED and VA is to verify the veteran's status of applicants for financial assistance under Title IV of the Higher Education Act of 1965, as amended, (HEA), who claim to be veterans. The Secretary of Education is authorized by the HEA to administer the Title IV programs and to enforce the terms and conditions of the HEA. Section 480(c)(1) of the HEA defines the term ``veteran'' to mean ``any individual who (A) has engaged in the active duty in the United States Army, Navy, Air Force, Marines, or Coast Guard; and (B) was released under a condition other than dishonorable.'' (20 U.S.C. 1087vv(c)(1)). Under section 480(d)(1)(D) of the HEA, an applicant who is a veteran (as defined in section 480(c)(1)) is considered an independent student for purposes of Title IV, HEA program assistance eligibility, and therefore does not have to provide parental income and asset information to apply for Title IV, HEA program assistance. (20 U.S.C. 1087vv(d)(1)(D)). 3. Authority for Conducting the Matching Program. ED is authorized to participate in the matching program under sections 480(c) and 480(d)(1)(D) of the HEA (20 U.S.C. 1087vv(c)(1) and (d)(1)(D)). VA is authorized to participate in the matching program under 38 U.S.C. 523. 4. Categories of Records and Individuals Covered by the Match. ED will provide the Social Security number and other identifying information of each applicant who indicates that he or she is a veteran. This information will be disclosed from the Federal Student Aid Application File system of records (18-11-01), which was published in the Federal Register (see 64 FR 30106, 30159 (June 4, 1999), as amended by 64 FR 72383, 72407 (December 27, 1999), and corrected by 65 FR 11294 (March 2, 2000) and 66 FR 18758 (April 11, 2001)). ED will disclose this information to VA pursuant to routine use no. 16, as added by the notice correcting this system of records published on April 11, 2001 (66 FR 18758). The ED data will be matched against data in the Veterans and Beneficiaries Identification and Records Location Subsystem-VA (38VA21) system of records, consistent with routine use no. 21, as added to that system of records by a notice published in the Federal Register on June 4, 2001 (66 FR 30049-50). 5. Effective Dates of the Matching Program. The matching program will be effective on the last of the following dates: (1) December 24, 2008, the day after the expiration of the current computer matching agreement; (2) thirty (30) days after notice of the matching program described in the CMA has been published in the Federal Register; or (3) forty (40) days after a report concerning the matching program has been transmitted to OMB and transmitted to Congress along with a copy of the CMA, unless OMB waives 10 days of this 40-day period for compelling reasons shown, in which case 30 days after transmission of the report to OMB and Congress. The matching program will continue for 18 months after the effective date of the CMA and may be extended for an additional 12 months thereafter, if the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met. 6. Address for Receipt of Public Comments or Inquiries. Individuals wishing to comment on this matching program or obtain additional information about the program, including requesting a copy of the CMA between ED and VA, should contact Ms. Marya Dennis, Management and Program Analyst, U.S. Department of Education, 63G2 Union Center Plaza, 830 First Street, NE., Washington, DC 20202. Telephone: (202) 377-3385. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS) toll free at 1- 800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., braille, large print, audiotape or computer diskette) on request to the contact person listed in the preceding paragraph.

We are correcting an error in our proposed rule to revise the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. The proposed rule was published in the Federal Register on October 9, 2008 (73 FR 60008-60048, Docket No. APHIS 2008-0023).

The FHWA is issuing this notice to advise the public that the Notice of Intent to prepare an Environmental Impact Statement (EIS) for the proposed Interstate 5 (I-5) High Occupancy Vehicle (HOV) and Truck Lanes project in the City of Santa Clarita and the County of Los Angeles (Federal Register Vol. 72, No. 90; FR Doc. E7-8937), California will be withdrawn, and an Environmental Assessment (EA) in lieu of an EIS is being prepared for this proposed highway project.

This notice amends the notice of a major disaster declaration for the State of Illinois (FEMA-1800-DR), dated October 3, 2008, and related determinations.

Pursuant to 42 U.S.C. 4332(2)(C) of the National Environmental Policy Act of 1969 and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision-Making) the NPS is preparing an EIS for a GMP for Fort Donelson National Battlefield, Tennessee. The GMP will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the national battlefield over the next 20 years. The clarification of what must be achieved according to law and policy will be based on review of the battlefield's purpose, significance, special mandates, and the body of laws and policies directing park management. Based on determinations of desired conditions, the GMP will outline the types of resource management activities, visitor activities, and development that would be appropriate in the future. A range of reasonable management alternatives will be developed through this planning process and will include, at a minimum, a no-action alternative and a preferred alternative. Issues to be addressed will include but are not limited to the following: Management of Fort Henry and Fort Heiman properties and tracts adjacent to the boundary that were recently added to the national battlefield; potential impacts from outside development including the Highway 79 realignment; and the inventory and preservation of cultural and natural resources.

Pursuant to Sec. 102(2)(c) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (CEQ) (40 CFR Part 1500-1508), the National Park Service, Department of the Interior, has prepared an abbreviated final environmental impact statement for the proposed Comprehensive Management Plan for the Ala Kahakai National Historic Trail (NHT) located on the island of Hawaii. Three CMP alternatives are identified and analyzed relative both to NPS planning requirements and to the public's concerns and issues identified during the scoping and public involvement process (in addition to a no-action alternative, an environmentally preferred alternative is also identified). Each alternative presents administrative, management, and partnership strategies for resource protection and preservation, education and interpretation, visitor uses and facilities, and long-term operations and management of the national trail. The potential environmental consequences of all the alternatives, and appropriate mitigation strategies, are identified and analyzed. Background: On April 4, 2003, the Federal Register published the Notice of Intent to prepare an environmental impact statement (EIS) for the comprehensive management plan (CMP) for the Ala Kahakai National Historic Trail. The initial scoping phase was designed to proactively elicit public issues, concerns, and other relevant information deemed necessary to address during the overall planning. A total of 200 people representing the general public, private landowners, trail advocacy groups, Native Hawaiian organizations, and state, county, and federal agencies participated overall. Several public meetings around the island were hosted (about 25 comment forms were returned to the trail office). In addition, the NPS planning team met with numerous individuals, community groups, private landowners, and government agency representatives to understand their concerns and visions for the Ala Kahakai NHT. The scoping phase extended through June 28, 2003. The NPS encouraged public involvement during two additional phases of the EIS process. In the second phase, the NPS engaged the public in developing preliminary alternatives intended to address the specific issues and concerns that surfaced during the public scoping. Nine public workshops were held around the island of Hawaii. The third phase of involvement afforded the opportunity for public review of the Draft EIS/CMP, notice of which appeared in the Federal Register on October 26, 2007. Government entities and the public were invited to submit comments by regular mail, e-mail, fax, and online. In addition, the NPS held seven public meetings on the island of Hawaii in November 2007 to provide further opportunity to learn about the proposed plan and to offer comments; over 90 people attended these meetings. The formal comment period closed on December 31, 2007, although the NPS received several comments during the next two weeks. Aside from approximately 83 individual statements recorded on the meeting flip charts and 21 comment sheets completed at the meetings, the NPS received 40 written communications. No comments received from interested individuals and groups, area residents and businesses, and public agencies required the NPS to add other alternatives, significantly alter existing alternatives, or make changes to the impact analysis of the effect of any alternative. Thus, an abbreviated format is used to fully document all responses to comments in the Final CMP/EIS in compliance with the CEQ implementing regulations (40 CFR 1503.4[c]) for the National Environmental Policy Act. Proposed Plan and Alternatives: Alternative A, the No Action Alternative, assumes that existing programs, facilities, staffing, and funding would generally continue at their current levels. The Ala Kahakai NHT would consist of trail segments within the four national parks through which it passes and only a few other segments (e.g., on state lands). As recommended in the Ala Kahakai National Trail Study and Environmental Impact Statement, January 1998, (Feasibility Study) on which national trail status was based, a continuous trail would be the goal but would not be implemented, even in the long-term. However, an auto tour would be completed that would lead visitors to 18 sites associated with the trail. Recreation along the trail and interpretation of its history would generally be limited to these sites. Alternative B proposes the completion of a single continuous trail comprised of unaltered or verified ancient and historic portions of the ala loa (coastal trail around the island) linked as needed by later pre-1892 trails, pathways, and modern connector trails. Within the planning period of 15 years, the goal would be to complete the linear trail within the priority zone from Kawaihae through Pu'uhonua o Honaunau National Park to Ho'okena and to protect other segments outside of that area as feasible. In the long-term, cultural and natural resources along the entire trail tread and agreed upon adjacent areas would be protected and interpreted to the public. The NPS would administer the trail, but management outside of the national parks would remain with the land managing agency or landowner. The NPS would offer technical assistance and limited financial assistance to these management partners. Partnerships with state and county agencies, community organizations, and private individuals would help protect trail resources and provide appropriate trail user services. An auto tour would be completed as in Alternative A. Alternative C, the NPS proposed action and the ``environmentally preferred'' alternative, is based on the traditional Hawaiian trail system in which multiple trail alignments within the ahupua'a (mountain to sea land division) are integral to land use and stewardship. The linear trail would be protected as in Alternative B, but on publicly- owned lands the Ala Kahakai NHT includes inland portions of ala loa or other historic trails that run lateral to the shoreline and would be connected to ancient or historic mauka-makai (mountain to sea) trails that would have traditionally been part of the ahupua'a system. As with Alternative B, during the 15-year planning period, the priority zone from Kawaihae to Pu'uhonua o Honaunau National Park through Ho'okena would be the focus of administration and management, but sections outside of that zone would protected as feasible. Through an agreement, the state of Hawaii could convey to the NPS a less-than-fee management interest in trail segments that are state-owned under the Highways Act of 1892 within the Ala Kahakai NHT corridor. The NPS would then be responsible for managing these segments and federal law would fully apply. However, in cooperation with the NPS, local communities of the ahupua'a would be encouraged to take responsibility for trail management using the traditional Hawaiian principles of land management and stewardship. The Ala Kahakai Trail Association would be expected to be robust enough play a major part in trail management, promotion, and funding. An auto tour would be completed similarly as in the other alternatives. Copies: The abbreviated Final EIS/CMP is now available, and may be obtained by contacting the Superintendent, Ala Kahakai NHT, 73-4786 Kanalani Street, 14, Kailua-Kona, HI 96740 or by telephone at 808-326-6012. Copies of the Draft EIS/CMP are available, if needed. The Final EIS/CMP may also be reviewed electronically via the Web site https://parkplanning.nps.gov/alka or at area libraries. Decision Process: Following the release of the abbreviated Final EIS/CMP, a Record of Decision will be prepared not sooner than 30 days after the EPA has published its notice of filing of the document in the Federal Register. Announcement of the approved CMP would be similarly published. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region, National Park Service. Subsequently, the official responsible for implementing the approved CMP would be the Superintendent, Ala Kahakai National Historic Trail.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement agreement under the authority of section 122(h) of CERCLA, 42 U.S.C. 9622(h), for recovery of response costs concerning the Triangle Park Removal Action Area within the Portland Harbor Superfund Site with Triangle Park LLC (``Settling Party''). The settlement requires the Settling Party to pay $1,200,000 to the Triangle Park Removal Action Area Trust Fund (``TP Trust Fund'') to be used to pay for the cleanup, and includes a covenant not to sue the Settling Party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). The TP Trust Fund will be established pursuant to an existing Bona Fide Prospective Purchaser Agreement between the University of Portland (``University'') and EPA (``BFPP Agreement''). In the BFPP Agreement, the University agreed to conduct removal action on the Triangle Park property (``Property'') once the University completed the purchase of the Property. The University of Portland has entered into an agreement with Triangle Park LLC to purchase the Property. By acquiring the Property, the University intends to enlarge its campus so that it can continue to expand and pursue its educational and service mission by relocating certain athletic facilities, freeing up its existing land for academic buildings. The University's plan includes public access to the Property, recreational opportunities, including a planned riverfront trail. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate.

This notice lists the location and time of the sixteenth meeting of the National Surface Transportation Infrastructure Financing Commission.

This notice publishes the Department of Energy's Decision and Order in Case No. CD-002, which grants to LG Electronics Inc. (LG) a waiver from the existing Department of Energy (DOE) residential clothes dryer test procedure for its product line of DLEC733W ventless clothes dryers, because the existing test procedure only applies to clothes dryers that are vented.