February 10, 2005 – Federal Register Recent Federal Regulation Documents

The United States Environmental Protection Agency is proposing to enter into a settlement for the partial reimbursement of past response costs with fifty-four (54) de minimis parties pursuant to section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9622(h)(1) concerning the Carolina Steel Drum Superfund Site (Site) located in Rock Hill, York County, South Carolina. EPA will consider public comments on the proposed settlement for March 14, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper or inadequate. Copies of the proposed settlement are available from: Ms. Paul V. Batchelor, U.S. EPA, Region 4, (WMD-SEIMB), 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8887, Batchelor.Paula@EPA.Gov. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication.

On April 15, 2004, we, the U.S. Environmental Protection Agency (EPA) announced designations under the 8-hour ozone National Ambient Air Quality Standard (NAAQS). That action designated several counties in the Kansas City area as unclassifiable. The counties in the Kansas City area included in the designation were Johnson, Linn, Miami and Wyandotte Counties in Kansas and Cass, Clay, Jackson and Platte Counties in Missouri. This document proposes to redesignate the above counties to attainment. We are soliciting comments on this proposed action.

The Forest Service will prepare an environmental impact statement on a proposal to construct approximately 24 miles of defensible fuel profile zones (DFPZs), harvest trees from approximately 260 acres using group selection silviculture methods, and perform associated road-system improvements within the pilot project area defined in the Herger-Feinstein Quincy Library Group Forest Recovery Act, October 1998 (HFQLGFRA). The purpose of this project is to reduce the potential size of wildfires, provide fire suppression personnel safe locations for taking action against wildfires, achieve an all- aged, multi-story, fire-resilient forest, and provide an adequate timber supply that contributes to the economic health of rural communities as directed in the HFQLGFRA and Sierra Nevada Forest Plan Amendment, January 2004.

The Forest Service will prepare an environmental impact statement on a proposal to harvest trees from approximately 90 acres using group selection silviculture methods, from approximately 100 acres using individual tree selection silviculture methods, and perform associated road system improvements within the pilot project area defined in the Herger-Feinstein Quincy Library Group Forest Recovery Act, October 1998 (HFQLGFRA).

The Department of Agriculture (USDA) is adopting, as a final rule, an interim final rule which decreased the assessment rate established for the Walnut Marketing Board (Board) for the 2004-05 and subsequent marketing years from $0.0101 to $0.0094 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order (order) which regulates the handling of walnuts grown in California. Authorization to assess walnut handlers enables the Board to incur expenses that are reasonable and necessary to administer the program. The marketing year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Chief Financial Officer of the Department of Education (Department) announces new policies and procedural requirements for the electronic submission of grant applications through the governmentwide grants application site, Grants.gov, and the Department's grants application site, e-Application.

As mandated by provisions of the Bipartisan Campaign Reform Act of 2002 (``BCRA''), the Federal Election Commission (``FEC'' or ``the Commission'') is adjusting certain expenditure and contribution limitations set forth in the Federal Election Campaign Act of 1971, as amended (``FECA'' or ``the Act''), to account for increases in the consumer price index. Additional details appear in the supplemental information that follows.

The Coast Guard proposes to establish a permanent security zone in the vicinity of the HOVENSA refinery facility on St. Croix, U. S. Virgin Islands. The security zone is needed for national security reasons to protect the public and the HOVENSA facility from potential subversive acts. The proposed rule would exclude entry into the proposed permanent security zone by all vessels without permission of the U.S. Coast Guard Captain of the Port San Juan or a scheduled arrival in accordance with the Notice of Arrival requirements of 33 CFR part 160, subpart C.

This document proposes adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal would require visually inspecting each main transmission support fitting (fitting) attachment bolt (bolt) for a fracture, a crack, or looseness, and verifying the torque on each fitting bolt. This proposal is prompted by two incidents of fatigue failure of the bolts that secure the transmission rear support fittings to the helicopter. The actions specified by this proposed AD are intended to detect a fracture, a crack, or looseness of a fitting bolt, and prevent fatigue failure of a fitting bolt and subsequent loss of control of the helicopter.

This amendment adopts a new airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 407 helicopters that requires creating a component history card or equivalent record for each crosstube assembly, converting accumulated run-on landings to an accumulated Retirement Index Number (RIN) count, and establishing a maximum accumulated RIN for certain crosstube assemblies. This amendment is prompted by fatigue testing, analysis, and evaluation by the manufacturer that determined that run-on landings impose a high stress on landing gear or crosstubes and may cause cracking in the area above the skid tube saddle. The actions specified by this AD are intended to prevent fatigue failure in a crosstube assembly due to excessive stress during run-on landings and subsequent loss of control of the helicopter.

This document proposes adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC120 helicopters. This proposal would require inspecting the tail rotor drive shaft (drive shaft) damper half-clamps (half-clamps) to determine if they are centered on the friction ring, and if not correctly positioned, centering the half-clamps on the friction ring. This proposal is prompted by the discovery of half-clamps that were incorrectly positioned. This condition, if not detected, could result in interference of the two half-clamps with the drive shaft, which could result in scoring on the drive shaft, failure of the drive shaft, and subsequent loss of control of the helicopter.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

Pursuant to the authorities in the Federal Advisory Committee Act of 1972 (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Sierra National Forest's Resource Advisory Committee for Madera County will meet on Monday, February 14, 2005. The Madera Resource Advisory Committee will meet at the Bass Lake Ranger District Office, North Fork, CA, 93643. The purpose of the meeting is: review the goals for FY 2005 RAC proposals and presentation of potential stewardship projects on the Sierra National Forest.

As part of implementing the Administration's Healthy Forest Restoration Initiative, the USDA Forest Service, Forest Products Laboratory, requests proposals for forest products projects that increase the use of woody biomass from national forest lands. The woody biomass utilization grant program is intended to help improve utilization of, and create markets for, small-diameter material and low-valued trees removed from hazardous fuel reduction activities. These funds are targeted to help communities, entrepreneurs, and others turn residues from hazardous fuel reduction projects into marketable forest products and/or energy products.

FRA is amending regulations on Railroad Workplace Safety to clarify an ambiguous provision concerning the circumstances under which life vests or buoyant work vests are required for bridge workers working over water.

The Maritime Administration (MARAD) has received applications under 46 CFR part 249 from Axis Specialty Limited and Gard Marine and Energy Limited, both Bermuda based underwriters, to write marine hull insurance on Title XI program vessels. In accordance with 46 CFR 249.7(b), interested persons are hereby afforded an opportunity to bring to MARAD's attention any discriminatory laws or practices relating to the placement of marine hull insurance which may exist in the applicant's country of domicile. All comment submissions must include the docket number that appears at the top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Comments may also be submitted by electronic means via the Internet at https://dmses.dot.gov/submit. All comments received will be available for examination at the above address between 10 a.m. and 5p.m., Monday through Friday, except Federal holidays. An electronic version of this document is available on the World Wide Web at https://dms.dot.gov.

The FAA proposes to rule and invites public comment on the application to, impose and use the revenue from a PFC at Mid Delta Regional Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158).

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Ozark, MO. A review of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Ozark, MO revealed it is not in compliance with established airspace criteria. This airspace area is enlarged and modified to conform to FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing Standard Instrumental Approach Procedures (SIAPs) to Air Park South Airport. This rule also amends the Air Park South Airport airport reference point (ARP) in the legal description to reflect current data. The area is modified and enlarged to conform to the criteria in FAA Orders.

This rule provides regulations for the manner in which assessments are to be made on various domestic manufacturers or importers of tobacco products to fund the tobacco transition payment program as required by Title VI of the America Jobs Creation Act of 2004 (the 2004 Act).

On January 27, 2005, Jody L. Williams, Chairman of the Utah Reclamation Mitigation and Conservation Commission (Mitigation Commission) signed the Record of Decision (ROD) which documents selection of the Proposed Action as presented in the 2004 Utah Lake Drainage Basin Water Delivery System Final Environmental Impact Statement (INT FES 04-41) (2004 ULS FEIS) filed with the U.S. Environmental Protection Agency on September 30, 2004. The Mitigation Commission, Central Utah Water Conservancy District and Department of the Interior served as joint lead agencies in preparing the 2004 ULS FEIS. The Proposed Action, called the Spanish Fork Canyon-Provo Reservoir Canal Alternative, one other action alternative called the Bonneville Unit Water Alternative, and a No Action alternative are described and evaluated in the 2004 ULS FEIS, upon which the ROD is based. The Spanish Fork Canyon-Provo Reservoir Canal Pipeline Alternative will deliver an average annual transbasin diversion of 101,900 acre- feet from the Colorado River Basin to the Bonneville Basin, which consists of a delivery of: 30,000 acre-feet of Municipal and Industrial (M&I) water for secondary use to southern Utah County and 30,000 acre- feet of M&I water to Salt Lake County water treatment plants; 1,590 acre-feet of M&I water already contracted to southern Utah County cities; and 40,310 acre-feet of M&I water to Utah Lake for exchange to Jordanelle Reservoir. A portion of the 40,310 acre-feet delivered to Utah Lake would be delivered via lower Hobble Creek to provide spawning habitat for the endangered June sucker, and via lower Provo River where it would help maintain minimum instream flows for June sucker spawning and other fishery and aquatic benefits. The 30,000 acre-feet (less the water returned to Interior under the Section 207 Program) of M&I water utilized in southern Utah County would be used in the cities' secondary water systems. Use of this water as a potable supply in the future would require additional NEPA compliance. Under the Proposed Action, Interior would acquire all of the District's secondary water rights in Utah Lake. These rights would amount to a maximum of 57,073 acre-feet. The acquired water rights would be used to exchange project water to Jordanelle Reservoir. All remaining environmental commitments associated with the Bonneville Unit would be completed and previously committed in-stream flows within the Bonneville Unit area and statutorily mandated in-stream flows would be provided. The Acting Assistant Secretary for Water and Science, Department of the Interior issued a separate ROD for the ULS on December 22, 2004, also selecting the Proposed Action for implementation. The Assistant Secretary's separate decision is necessitated by the responsibility and authority of the Department of the Interior for other aspects of the project beyond the scope of the Mitigation Commission to mitigate for reclamation projects.