January 2005 – Federal Register Recent Federal Regulation Documents

The FAA hereby provides notice of intent to release certain airport properties (approximately 28.43 acres) at the Keystone Airpark, Starke, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the Town of Keystone Heights, dated August 21, 1947. The release of property will allow the Keystone Airpark Authority to dispose of the property for other than aeronautical purposes. The property is located in the southwest corner of the airport west of State Road 100 in proximity to the approach of Runway 4. The parcel is currently designated as non- aeronautical use. The property will be disposed of for the purpose of conveying title to the United States Department of the Interior for the protection of the Florida National Scenic Trail. The fair market value of the property has been determined by appraisal to be $410,000. The airport will receive fair market value for the property, which will be subsequently reinvested in another eligible airport improvements project. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Airpark Clerk's office and the FAA Airports District Office.

Pursuant to the Consolidated Appropriations Act, 2005, the National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce, announces the solicitation of applications for planning and construction grants for public telecommunications facilities under the Public Telecommunications Facilities Program (PTFP). The PTFP assists, through matching grants, in the planning and construction of public telecommunications facilities in order to: (1) Extend delivery of services to as many citizens as possible by the most cost-effective means, including use of broadcast and non-broadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and controlled by minorities and women; (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.

TSA invites public comment on a new information collection requirement abstracted below that will be submitted to OMB for approval in compliance with the Paperwork Reduction Act.

Under 49 U.S.C. 11327, the Board finds that a settlement agreement that was entered into by Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, NS) and Wheeling & Lake Erie Railway Company (W&LE), when implemented, will satisfy certain conditions imposed in CSX Corp. et al.ControlConrail Inc. et al., 3 S.T.B. 196 (1998). Under 49 U.S.C. 10502 the Board grants the exemption authority sought by NS and W&LE pursuant to the settlement agreement. The Settlement Agreement includes 7 elements. Element 1 provides that W&LE will be granted overhead trackage rights, limited to one train per day per direction, between Bellevue (Yeomans), OH, at Milepost (MP) T-54.7 and Toledo (Manhattan Jct.), OH, at MP CS- 1.30. Element 1 also provides that W&LE will be granted back- up haulage rights for overflow traffic. In STB Finance Docket No. 33388 (Sub-No. 96), the Board has granted an exemption under 49 U.S.C. 10502 for the Bellevue-Toledo trackage rights, which were originally sought in a responsive application in a rail consolidation proceeding, subject to the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 2 provides that W&LE will purchase the Toledo Pivot Bridge, which is also known as the Maumee River Bridge (this is a railroad swing bridge that spans the Maumee River in Toledo, OH). In STB Finance Docket No. 33388 (Sub-No. 99), the Board has granted a 49 U.S.C. 10502 petition for exemption of the Toledo Pivot Bridge purchase transaction. Any employee affected by the Toledo Pivot Bridge purchase exempted in STB Finance Docket No. 33388 (Sub-No. 99) will be protected as required by section 10902(d), subject to the standards and procedures established in Wisconsin Central Ltd.Acquisition Exem. Union Pac. RR, 2 S.T.B. 218 (1997), aff'd in relevant part sub nom. Association of American Railroads v. STB, 162 F.3d 101 (D.C. Cir. 1998). Element 3 provides for a 10-year extension of W&LE's lease of NS's Huron Dock on Lake Erie. In STB Finance Docket No. 32516 (Sub- No. 1), the Board has accepted a 49 CFR 1180.2(d)(4) notice of exemption respecting the Huron Dock lease extension. Any employee affected by the Huron Dock lease extension exempted in STB Finance Docket No. 32516 (Sub-No. 1) will be protected by the labor protective conditions set forth in Mendocino Coast Ry., Inc.Lease and Operate, 354 I.C.C. 732 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653 (1980). Element 4 provides for a 10-year extension of W&LE's Bellevue-Huron Dock overhead trackage rights, by which W&LE accesses Huron Dock. These trackage rights run over the NS line between approximately MP B242 at Bellevue, OH, and approximately MP B229 at Berlin Heights, OH, and between approximately MP B232 at Shinrock, OH (on the Bellevue-Berlin Heights segment), and approximately MP HU12.2 at the Huron Dock connection in Huron, OH. In STB Finance Docket No. 32525 (Sub-No. 1), the Board has accepted a 49 CFR 1180.2(d)(4) notice of exemption respecting the Bellevue-Huron Dock trackage rights extension. Any employee affected by the trackage rights exempted in STB Finance Docket No. 32525 (Sub-No. 1) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co. Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 5 provides that W&LE will be granted overhead trackage rights in the Cleveland, OH area between Berea, OH (at MP CD- 194.2), and the Knob, OH (at MP GZ-488.13). In STB Finance Docket No. 33388 (Sub-No. 97), the Board has accepted a 49 CFR 1180.2(d)(7) notice of exemption for the Berea-Knob trackage rights. Any employee affected by the trackage rights exempted in STB Finance Docket No. 33388 (Sub- No. 97) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 6 provides that NS will be granted overhead trackage rights between Clairton, PA (at MP 5.2), and Bellevue, OH (at MP H53.7), with certain rights of ingress and egress at Mingo Jct., OH, Jewett, OH, Bowerston, OH, and Orrville, OH. In STB Finance Docket No. 33388 (Sub-No. 98), the Board has accepted a 49 CFR 1180.2(d)(7) notice of exemption for the Clairton-Bellevue trackage rights. Any employee affected by the trackage rights exempted in STB Finance Docket No. 33388 (Sub-No. 98) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc. Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 7 provides that, to allow NS to access a new trailer parking facility in the Maple Heights area (Maple Heights is located a few miles southeast of Cleveland), NS will be granted the right to create and use a second road at-grade crossing over W&LE's Cleveland Subdivision line at MP 8.67 under the same terms and conditions that govern NS's use of the existing road at-grade crossing over the W&LE line at MP 9.03. Element 7 further provides for NS and W&LE to negotiate a broader agreement regarding operations in the Maple Heights area. NS and W&LE are currently evaluating two options, both of which involve the lease, by NS, of freight rights on the Randall Secondary.

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 Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Nonclinical Safety Evaluation of Drug Combinations.'' The guidance provides recommendations on nonclinical approaches to support the clinical study and approval of fixed-dose combination products (FDCs), copackaged products, and adjunctive therapies.

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Lassen National Forest's Lassen County Resource Advisory Committee will meet Thursday, February 10, 2005, in Susanville, California for a business meeting. The meeting is open to the public.

The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on exemptions from speculative limits.

Notice is given of the additional names of members of a Performance Review Board for the Department of the Army.

EPA is proposing amendments to the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations. The IUR currently requires certain manufacturers (including importers) of certain chemical substances on the TSCA Chemical Substances Inventory to report data on chemical manufacturing, processing, and use every 4 years. EPA is proposing to extend the reporting cycle, modify the timing of the submission period, further clarify the new partial exemption for specific chemicals of low current interest, amend the petroleum refinery process streams partial exemption, amend the list of consumer and commercial product categories, revise the manner in which production volume would be reported, restrict reporting of processing and use information to domestic processing and use activities only, edit the polymer exemption definition, and remove the requirement to determine confidentiality of production volume in ranges.

In accordance with the Federal Land Policy and Management Act (1976) and the Federal Advisory Committee Act (1972), the U.S. Department of the Interior, Bureau of Land Management (BLM) Pinedale Anticline Working Group (PAWG) Cultural and Historic Task Group (subcommittee) will meet in Pinedale, Wyoming, for a business meeting. Task Group meetings are open to the public.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on July 31, 2005. 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 EPA is proposing to approve the State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) on November 14, 2003, for the purpose of clarifying current regulations and ensuring consistency between State and Federal regulations. The proposed revisions consist of those published in the South Carolina State Register on August 28, 1998 and June 25, 1999, revising Regulation 61-62.1 Definitions and General Requirements. In the Final Rules section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

This document seeks comment on a petition for rulemaking filed by Manning Broadcasting, Inc., licensee of Station WARX (FM), Hagerstown, Maryland, proposing the reallotment of Channel 295B from Hagerstown to Myersville, Maryland, as the community's first local transmission service, and the modification of the license for Station WARX (FM) to reflect the new community. Channel 295B has been proposed to be reallotted at Myersville at a site 3.9 kilometers (2.4 miles) west of the community at coordinates 39-29-57 NL and 77-36-42 WL.

The Audio Division, at the request of Optima Communications, Inc., substitutes Channel 288C2 for Channel 288C3 at Security, Colorado and modifies Station KSKX(FM)'s license accordingly. To accommodate the upgrade, we also substitute Channel 291C3 for vacant Channel 288C3 at Genoa, Colorado. See 69 FR 60605, published October 12, 2004. Channel 288C2 can be allotted to Security in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 16.12 kilometers (10 miles) southwest of the community at coordinates 38-37-30 North Latitude and 104-49-00 West Longitude. Channel 291C3 can be allotted to Genoa with a site restriction of 18.4 kilometers (11.4 miles) east of the community at coordinates 39-15-35 North Latitude and 103-17-15 West Longitude.

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. Currently, the OCC is soliciting comment concerning its extension, without change, of an information collection titled ``(MA) Loans in Areas Having Special Flood Hazards (12 CFR 22)''.

This document requests comments on a petition for rule making filed by Champlain Communications Corp. (``Petitioner''), licensee of Station WLFE-FM, Channel 272A, St. Albans, Vermont. Petitioner requests that the Commission upgrade Channel 272A to Channel 272C3 and reallot Channel 272C3 from St. Albans to Grand Isle, Vermont, thus providing Grand Isle with its first local aural transmission service. To accommodate the foregoing changes, FM Station WRGR, Channel 272A, Tupper Lake, New York, has agreed to substitute Channel 271C3 for Channel 272A and move its transmitter to a new site. The coordinates for proposed Channel 272C3 at Grand Isle, Vermont, are 44-44-07 NL and 73-30-57 WL with a site restriction of 17.4 kilometers (10.8 miles) west of Grand Isle. The coordinates for proposed Channel 271C3 at Tupper Lake are 44-07-21 NL and 74-31-52 WL, with a site restriction of 12.6 kilometers (7.8 miles) southwest of Tupper Lake.