January 28, 2005 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve a December 19, 2003 request from Michigan for a State Implementation Plan (SIP) revision of the Southeast Michigan carbon monoxide (CO) maintenance plan. The CO maintenance plan revision establishes a new on-road emissions inventory for the years 1996 and 2010. The revision also establishes a new transportation conformity motor vehicle emissions budget (MVEB) for the year 2010. The emission inventory and MVEB updates are designed to maintain the National Ambient Air Quality Standards (NAAQS) for CO as required by the CAA. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.

In this notice, EPA is notifying the public that we have found that the motor vehicle emissions budget contained in the submitted Spokane Carbon Monoxide Maintenance Plan and Redesignation Request is adequate for transportation conformity purposes. On March 2, 1999, the D.C. Circuit Court ruled that submitted State Implementation Plans (SIPs) cannot be used for conformity determinations until EPA has found them adequate. This affects future transportation conformity determinations prepared, reviewed and approved by the Spokane Regional Transportation Council, Washington State Department of Transportation, Federal Highway Administration and the Federal Transit Administration.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for a new collection. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The Act of July 26, 1956 (70 Stat. 656; 16 U.S.C. 505a-b) authorizes the interchange of land between the Department of Agriculture and the Department of Defense through its various services. On August 10, 2004, and November 12, 2004, respectively, the Secretary of the Army and the Secretary of Agriculture signed a Joint Order authorizing the transfer of administrative jurisdiction from the Department of Agriculture to the Department of the Army of 480.00 acres, more or less, located in Natchitoches Parish, Louisiana and generally described as: Parts of Sections 26, 28, 30, 34, and 35, Township 5 North, Range 8 West, Louisiana Meridian, lying within the Joint Readiness Training Center (JRTC), Fort Polk Military Reservation, and the Kisatchie National Forest and more particularly described according to the map and legal description on file in the Forest Service office noted in the ADDRESSES section of this notice. Furthermore, the Joint Order transfers from the Department of the Army to the Department of Agriculture for inclusion in the Kisatchie National Forest 481.33 acres, more or less, located in Vernon Parish, Louisiana, and generally described as: Parts of Section 18 and 34, Township 1 North, Range 6 West, Louisiana Meridian, being 120 acres, more or less; Parts of Sections 16 and 32, Township 1 North, Range 5 West, Louisiana Meridian, being 51.33 acres, more or less; Parts of Sections 32 and 33, Township 1 North, Range 8 West, Louisiana Meridian, being 310 acres, more or less, within the boundaries of the Kisatchie National Forest, and more particularly described according to the map and legal description on file in the Forest Service office noted in the ADDRESSES section of this notice. A copy of the Joint Order is set out at the end of this notice.

On January 18, 2005, the Canadian Lumber Remanufacturer's Alliance (``CLRA'') and its individual members filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. A second, third, fourth and fifth Request for Panel Review was filed on January 19, 2005 on behalf of the Canfor Corporation and its affiliates Lakeland Mills Ltd. and the Pas Lumber Company Ltd. (collectively ``Canfor''); Terminal Forest Products Ltd. (``Terminal''); and on behalf of the Government of Canada, the Governments of the Provinces of Alberta, British Columbia, Manitoba, Ontario, and Saskatchewan, the Gouvernement du Quebec, the Governments of the Northwest Territories and the Yukon Territory, the British Columbia Lumber Trade Council and its constituent associations (the Coast Forest & Lumber Association and the Council of Forest Industries), the Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association, Quebec Lumber Manufacturers Association; Apex Forest Products Inc., Aspen Planers Ltd., Buchanan Lumber Sales, Inc. and the Buchanan affiliated mills, exporters and importers (including Atikokan Forest Products Ltd., Buchanan Forest Products Ltd., Buchanan Northern Hardwoods Inc., Dubreuil Forest Products Limited, Great West Timber Limited, Long Lake Forest Products Inc., McKenzie Forest Products Inc., Nakina Forest Products Limited, Northern Sawmills Inc., Northern Wood, and Solid Wood Products Inc.), Devlin Timber (1992) Ltd., Downie Timber Ltd., Federated Co-operative Limited, Gorman Bros. Lumber Ltd., Haida Forest Products Ltd., Kenora Forest Products Ltd., Lecours Lumber Co. Limited, Liskeard Lumber Limited, Manitou Forest Products Ltd., Manning Diversified Forest Products Ltd., Midway Lumber Mills Ltd., Mill & Timber Products Ltd., Nickel Lake Lumber, North Enderby Timber Ltd., Olav Haavaldsrud Timber Company Limited, Pastway Planing Limited, R. Fryer Forest Products Limited, Selkirk Specialty Wood Ltd., Tembec Inc., Tyee Timber Products Ltd., and West Hastings Lumber Products (hereafter, ``the Parties''), respectively. Panel review was requested of the final results of countervailing duty administrative review and rescission of certain company-specific reviews made by the United States Department of Commerce, International Trade Administration, respecting Certain Softwood Lumber Products from Canada. This determination was published in the Federal Register, (69 FR 75917) on December 20, 2004. The determination was amended by Notice of Correction to Final Results on December 27, 2004 , 69 Federal Register 77220. The NAFTA Secretariat has assigned Case Number USA-CDA-2005-1904-01 to this request.

We are amending the Asian longhorned beetle regulations by adding portions of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle into noninfested areas of the United States.

The Food Safety and Inspection Service (FSIS) is publishing an amended scheduling plan for reviewing regulations under Section 610 of the Regulatory Flexibility Act, as amended. These provisions require that all Federal agencies review existing regulations that have a significant economic impact on a substantial number of small entities to determine whether the associated impact can be minimized.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 interim total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA.

The Audio Division, at the request of Wright Broadcasting Systems, Inc., licensee of FM Station KWEY, Channel 247C1, Weatherford, Oklahoma, deletes Channel 247C1 at Weatherford, Oklahoma, from the FM Table of Allotments, allots Channel 247A at Blanchard, Oklahoma, as the community's first local FM service, and modifies the license of FM Station KWEY to specify operation on Channel 247A at Blanchard. Channel 247A can be allotted to Blanchard, Oklahoma, in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.1 km (1.3 miles) southwest of Blanchard. The coordinates for Channel 247A at Blanchard, Oklahoma, are 35-07-21 North Latitude and 97-40-18 West Longitude.

The purpose of this notice is to rescind the annual October 15 to December 31 closure of all public lands lying in the 2.5 mile stretch from Canyon Ferry Dam downstream to Brown's Gulch Road and between the east shore of Hauser Lake and Johnny's Gulch Road. The public lands affected by this notice are all lands administered by the Bureau of Land Management in Sections 5 and 6, T. 10 N., R.1 W., and Section 32, T. 11N., R. 1 W. Principle Meridian, Montana. The closure area that we are rescinding totals 769 acres.

Clark County, Nevada proposes to change the use on 40.87 acres of public land in Las Vegas, Nevada from a fire station and training facility to a fire station, Regional Park and Clark County Family Services building.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease WYW145953 for lands in Lincoln County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

BLM is publishing this notice under Section 9(a)(2) of the Federal Advisory Committee Act. Pursuant to the Steens Mountain Cooperative Management and Protection Act of 2000 (Public Law 106-399), BLM gives notice that the Secretary of the Interior intends to call for nominations for terms expiring on the SMAC. This notice requests the public to submit nominations for membership on the SMAC. Any individual or organization may nominate one or more persons to serve on the SMAC. Individuals may nominate themselves for SMAC membership. Nomination forms may be obtained from the Burns District Office, Bureau of Land Management (see address below). To make a nomination, submit a completed nomination form, letters of reference from the represented interests or organizations, and any other information that speaks to the nominee's qualifications, to the Burns District Office. Nominations may be made for the following categories of interest: One person who is a grazing permittee on Federal land in the Steens Mountain Cooperative Management and Protection Area (CMPA) (appointed from nominees submitted by the County Court of Harney County); One person who is a recognized environmental representative from the local area (appointed from nominees submitted by the Governor of Oregon); A person who participates in what is commonly called dispersed recreation, such as hiking, camping, nature viewing, nature photography, bird watching, horseback riding, or trail walking (appointed from nominees submitted by the Oregon State Director of the BLM); and A person with expertise and interest in wild horse management on Steens Mountain (appointed from nominees submitted by the Oregon State Director for BLM). The specific category the nominee will represent should be identified in the letter of nomination. The Burns District will collect the nomination forms and letters of reference and distribute them to the officials responsible for submitting nominations (County Court of Harney County, the Governor of Oregon, and BLM). BLM will then forward recommended nominations to the Secretary of the Interior, who has responsibility for making the appointments.

Notice is hereby given that certain access roads and certain areas are temporarily closed to all public entry that could result in the spread of Phytophthora cinnamomi, a fungus related to the one responsible for sudden oak death, to uninfected stands of Ione and whiteleaf manzanita as well as to other susceptible plants including natives and ornamentals. These activities include motor vehicle operation and foot traffic.

The Bureau of Land Management has established a $99,999.99 limit on payments made by credit and debit cards. Under U.S. Department of the Treasury regulations, federal agencies are required to use electronic fund transfers for collections and payments, as long as it is cost effective to do so. Fees for large dollar debit and credit card transactions are prohibitive. Cardholders cannot be required to pay any part of the fees which financial institutions charge, directly or indirectly, through any increase in price or otherwise. Customers who need to tender payments larger than the cap are encouraged to make electronic payments using the Automated Clearing House or Federal Wire Transfer procedures.

This action informs the public of the receipt of an application from Stephen E. Evensen of Murphy, Oregon for conveyance of 20 acres of federal mineral estate from lands administered by the BLM in the Medford District.

The FAA proposes to supersede an existing airworthiness directive (AD) for certain McDonnell Douglas series airplanes. That AD currently requires repetitive inspections of the electrical connectors of the explosive cartridge wiring of the engine fire extinguisher containers to verify if the identification number labels are installed and legible; repetitive electrical tests of all explosive cartridge wiring of the engine fire extinguisher containers to verify proper installation and function; and corrective actions if necessary. This proposed AD would also require an inspection of the emergency shut off wire assembly; installation of lanyards on the electrical connectors for the engine fire extinguishing agent containers and for the auxiliary power unit fire extinguishing agent containers if applicable; and related investigative/corrective actions, as applicable. This proposed AD is prompted by reports of cross-wired electrical connectors of the engine fire extinguishing agent containers. We are proposing this AD to detect and correct cross-wired electrical connectors of the fire extinguishing system, which could release fire extinguishing agent into the incorrect engine nacelle in the event of an engine fire.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This proposed AD would require inspecting to determine the part number of the upper link forward fuse pins of the engine struts; and replacing the fuse pins as necessary. This proposed AD is prompted by a report indicating that, due to an incorrect listing in the illustrated parts catalog, persons performing maintenance on the engine strut(s) could have installed an incorrect upper link forward fuse pin. We are proposing this AD to prevent a ruptured wing box, due to the engine not separating safely during certain emergency landing conditions, which could lead to a fuel spill and consequent fire.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 series airplanes. This proposed AD would require repetitive detailed inspections for cracks in the crease beam and adjacent structure of the fuselage, and related investigative and corrective actions if necessary. This proposed AD is prompted by fatigue cracks found in the crease beam during a follow-on inspection of a previously installed modification. We are proposing this AD to find and fix fatigue cracking of the fuselage frame, which could result in reduced structural integrity of the frame and consequent rapid decompression of the airplane.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning claims and appeals. The clearance currently expires on April 30, 2005. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.