February 11, 2005 – Federal Register Recent Federal Regulation Documents

The Audio Division requests comment on two petitions that are mutually exclusive filed by Rodgers Broadcasting Corporation, licensee of Station WIFE(FM), Channel 262B at Connersville, Indiana; and jointly filed by Washington County CBC, Inc., licensee of Station WAKY-FM, Channel 274A, Springfield, Kentucky, Elizabethtown CBC, Inc., licensee of Station WTHX(FM), Channel 297A, Lebanon Junction, Kentucky and CBC of Marion County, Inc., licensee of Station WLSK(FM), Channel 265C3, Lebanon, Kentucky. See Supplementary Information.

The Audio Division requests comments on a petition filed by 105 Mountain Air, Inc., proposing the allotment of Channel 264A at Groveland, California, as the community's first local commercial FM transmission service. Channel 264A can be allotted to Groveland in compliance with the Commission's minimum distance city reference coordinates. The coordinates for Channel 264A at Groveland are 37-50-45 North Latitude and 120-12-00 West Longitude. The Audio Division requests comments on a petition filed by Mike Chavez proposing the allotment of Channel 293C2 at Powers, Oregon, as the community's first local aural transmission service. Channel 293C2 can be allotted to Powers in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 293C2 at Powers are 42-53-01 North Latitude and 124-04-19 West Longitude. See Supplementary Information, infra.

This is a notice of the Presidential declaration of a major disaster for the State of Utah (FEMA-1576-DR), dated February 1, 2005, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of West Virginia (FEMA-1574-DR), dated February 1, 2005, and related determinations.

The Department of the Army announces the availability of the Draft Environmental Impact Statement (DEIS) to fully integrate the Overhills property into the Fort Bragg Training Program, Fort Bragg, Cumberland and Harnett Counties, North Carolina. Presently, realistic training in Fort Bragg's Northern Training Area (NTA), one of Fort Bragg's largest training areas, is hampered by the two sets of training rules that govern training in the units. Although no physical barriers separate the Overhills training units, NTA V-VII, from NTA units I-IV, the Overhills Standard Operating Procedures (SOP) limits the number of personnel and types of activities during training exercises, effectively creating a training barrier. Applying the same training regulation to the Overhills that governs training on the rest of the installation's training program, and maximize training possibilities through the NTA.

The Federal Communications Commission, 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(s), 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 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.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

This notice announces the availability of the Draft Environmental Impact Statement (DEIS) and conservation plan for public review and comment. The Washington Department of Natural Resources (WDNR), on behalf of the State of Washington, has submitted applications to the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS) (the Services) for incidental take permits under section 10 of the Endangered Species Act (ESA) of 1973 as amended. The conservation plan also serves as the basis of an application to the Services that they each take steps under section 4(d) of the ESA to limit the application of the prohibition against take of listed salmon, steelhead and bull trout so that it does not apply to forest practices regulated by the State of Washington on non-Federal and non-tribal lands.

This notice is a call for nominees for one non-federal position to the U.S. Delegation to the March 2005 International Whaling Commission (IWC) intersessional Revised Management Scheme (RMS) Working Group meeting.

The Federal Communications Commission, 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(s), 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 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.

The Audio Division, at the request of Linda A. Davidson, allots Channel 229A at Grayville, Illinois, as the community's first local service. See 69 FR 60344, published October 8, 2004. Channel 229A can be allotted to Grayville in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 13.0 kilometers (8.1 miles) northwest of the community. The reference coordinates for Channel 229A at Grayville are 38-21-56 North Latitude and 88-03-38 West Longitude. The Audio Division, at the request of Daniel R. Feely, allots Channel 240C2 at Alamogordo, New Mexico, as the community's fifth local service. See 69 FR 60344, published October 8, 2004. Channel 240C2 can be allotted to Alamogordo in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 10.4 kilometers (6.5 miles) southeast of the community. The reference coordinates for Channel 240C2 at Alamogordo are 32-49-04 North Latitude and 105-54-19 West Longitude. Because the reference coordinates at Alamogordo are located within 320 kilometers (200 miles) of the Mexican border, concurrence of the Mexican Government has been obtained. Filing windows for Channel 229A at Grayville, Illinois and Channel 240C2 at Alamogordo, New Mexico will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

This rule clarifies the Indian Tribal Land Acquisition Program (ITLAP) regulations for borrowers who apply for a rental value write- down. The rule clarifies the method for determining the rental value of security for purposes of a write-down, adds a definition of ``rental value,'' clarifies other write-down eligibility provisions, and limits new loan eligibility for borrowers who have received a write-down in the past. These clarifications are intended to reduce the borrower's costs of applying for a rental value write-down, and reduce the burden on Agency employees in processing requests.

The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that all agencies publish in the Federal Register a notice of the existence of and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is adding a new system of records entitled ``Purchase Credit Card ProgramVA'' (131VA047).

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Utah State Office, announces its intention to prepare an environmental impact statement (EIS) to evaluate the impacts of floodplain and stream channel modifications in the Coal Creek Watershed. A plan would be developed to reduce safety risks and property damage caused by flooding of Cedar City and agricultural lands, improve water quality, and address related resource and amenity issues for the community. The EIS will analyze the potential environmental and socioeconomic impacts of alternatives to the human environment, as identified in the NEPA planning process, including any structural and non-structural measures that would address resource concerns in Coal Creek floodplain. The purpose of this notice is to request participation and invite comments from all those individuals and organizations interested in the development of the EIS. Proposed Action: The section of Coal Creek that traverses through Cedar City, Utah has channel stability and capacity deficiencies that pose a threat to existing infrastructure and development. Typical summer, fall, and winter discharges through this section of Coal Creek range from 5 to 15 cubic feet per second (cfs). However, intense summer cloudburst events centered in the upper Coal Creek watershed during the past 100 years have resulted in several flood events with peak discharges of between 4,000 and 5,000 cfs. The peak snowmelt event on record is approximately 1,800 cfs. The NRCS, in cooperation with Cedar City, proposes to modify portions of the Coal Creek channel that are located east of Interstate 15 within the corporate limits of Cedar City. Channel modifications are needed to protect existing infrastructure and development from damage or loss caused by bank erosion or flood water from a 100-year flood event and to eliminate the portion of the 100-year floodplain located outside the stream channel, as defined on existing Federal Emergency Management Agency (FEMA) flood hazard boundary maps. In conjunction with needed channel improvements, one or more irrigation diversion structures on Coal Creek may have to be relocated upstream from their current locations to eliminate existing flooding hazards. It is an NRCS goal to construct new diversion facilities that will improve irrigation water quality by removing sediment from irrigation water after it is diverted from Coal Creek. NRCS will also consider the option of locating the new diversion facilities to allow a pressurized irrigation system to be constructed in the future. New pipeline facilities would need to be constructed as part of this project from any new diversion facilities to the heads of the existing canals where the existing diversions are located. In addition to the flood control and irrigation system improvements, NRCS and Cedar City propose to design and construct a trail system and other Parkway improvements adjacent to the Coal Creek Channel that would enhance aesthetic values and provide recreational opportunities for community residents and visitors. Public Participation: The NRCS invites full public participation to promote open communication and better decision-making. All persons and organizations that have an interest in the Coal Creek watershed and floodplain as it impacts Cedar City are urged to participate in the NEPA environmental analysis process. Assistance will be provided as necessary to anyone having difficulty in determining how to participate. A Public Involvement Plan (PIP) has been developed and will be followed. Public comments are welcomed throughout the NEPA process. Opportunities for public participation include: (1) The EIS scoping period when comments on the NRCS proposal will be solicited through various media and at a public meeting to be held in Cedar City, Utah, March 10, 2005; (2) the 45-day review and comment period for the published Draft EIS; and (3) for 30 days after publication of the Final EIS. Scoping Process: Public participation is requested throughout the scoping process. The NRCS is soliciting comments from the public indicating what issues and impacts the public believes should be encompassed within the scope of the EIS analysis, voicing any concerns they might have about the identified resource protection measures, and submitting any ideas they might have for addressing risks to life and property in the Coal Creek floodplain. Other opportunities for public input include: (1) Once the Notice of Availability (NOA) of the Draft EIS is published in the Federal Register, comments will be accepted on the Draft EIS for a period of not less than 45 days, and (2) once the Final EIS is published in the Federal Register; comments will be accepted for a period of not less than 30 days. The NRCS will provide a written response to all comments received and will consider the issues presented for study and possible inclusion in the EIS. The public participation plan describes responsibilities and outreach opportunities in this process. Date Scoping Comments are Due: Comments may be submitted by regular mail, facsimile, or E-mail until 5 p.m. MST, March 21, 2005. Written comments submitted by regular mail should be postmarked by March 21, 2005, to ensure full consideration. (Note: The scoping period will continue for a period of 30 calendar days after the issuance date of this NOI.) Comments postmarked after this date will be considered to the extent practicable. Scoping Meeting: A public scoping meeting/open house will be held Thursday, March 10, 2005, to provide information on Coal Creek planning activities conducted to date, give the opportunity to discuss the issues and alternatives that should be covered in the Draft EIS, and to receive oral and written comments. The open house will be held from 4 p.m. to 8 p.m. at the Cedar City Public Library, 303 North 100 East, Cedar City, Utah.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and purpose of information collection: Statement of Authority to Act for Employee; OMB 3220-0034. Under Section 5(a) of the Railroad Unemployment Insurance Act (RUIA), claims for benefits are to be made in accordance with such regulations as the Railroad Retirement Board (RRB) shall prescribe. The provisions for claiming sickness benefits as provided by Section 2 of the RUIA are prescribed in 20 CFR 335.2. Included in these provisions is the RRB's acceptance of forms executed by someone else on behalf of an employee if the RRB is satisfied that the employee is sick or injured to the extent of being unable to sign forms. The RRB utilizes Form SI-10, Statement of Authority to Act for Employee, to provide the means for an individual to apply for authority to act on behalf of an incapacitated employee and also to obtain the information necessary to determine that the delegation should be made. Part I of the form is completed by the applicant for the authority and Part II is completed by the employee's doctor. One response is requested of each respondent. Completion is required to obtain benefits. The RRB proposes no changes to Form SI-10. The estimated annual respondent burden is as follows: Form: SI-10. Estimate of Annual Responses: 400. Estimated Completion Time: 6 minutes. Total Burden Hours: 40. Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751-3363 or send an e-mail request to Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 days of this notice.