February 2005 – Federal Register Recent Federal Regulation Documents

This document requests comments on a petition for rulemaking filed by Charles Crawford requesting the allotment of Channel 231A at Mt. Enterprise, Texas. The coordinates for Channel 231A at Mt. Enterprise are 31-59-40 and 94-40-29. There is a site restriction 8.5 kilometers (5.3 miles) north of the community. To accommodate the allotment at Mt. Enterprise, petitioner has requested a site change for vacant Channel 231C2 at Hodge, Louisiana, from 32-08-20 and 52-59-04 to a site 20.5 kilometers southwest of Hodge at coordinates 32-09-00 and 92-53-00. A minor change application was later filed by Cumulus Licensing LLC, licensee of Station KQXY-FM, Channel 231C1, Beaumont, Texas, which conflicts with the proposed Mt. Enterprise allotment. See BPH-20031119AAE. This application will be treated as a counterproposal in this proceeding.

At the request of Results Broadcasting of Rhinelander, Inc., the Audio Division allots Channel 243C3 at Rhinelander, Wisconsin as the community's fourth local transmission service. See 69 FR 48443, August 10, 2004. Channel 243C3 is allotted at Rhinelander with a site restriction of 14.9 kilometers (9.3 miles) east of the community. Because this site is within 320 kilometers (200 miles) of the U.S.- Canadian border, concurrence of the Canadian government has been requested for this allotment. Coordinates for Channel 243C3 at Rhinelander are 45-39-43 NL and 89-13-25 WL. A filing window period for Channel 243C3 for Rhinelander, Wisconsin will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent Order.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, EAC announces the proposed extension of a public information collection and seeks public comment on the provisions thereof. comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

The Office of the President's Council on Physical Fitness and Sports (PCPFS) announces the opportunity for both Federal and non- Federal public and private sector entities to cosponsor a fitness festival depicting activities to help all Americans get moving for health and fitness in celebration of May, National Physical Fitness and Sports Month. Potential cosponsors must have a demonstrated interest in physical activity/fitness and/or sports and be willing to participate substantively in the cosponsored activity.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding contract administration, and quality assurance. Public comments are particularly invited on: Whether this collection of information is necessary 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.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration has submitted to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding the inclusion of the packing list clause. A request for public comments was published at 69 FR 69370, November 29, 2004. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary 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.

An application has been filed by Dana L. Hofstetter, Attorney at Law on behalf of Ray and Dorolene Obendorf and prospective purchaser, Jim Scarrow, for a recordable disclaimer of interest from the United States.

Public Law 106-485 (November 9, 2000; 114 Stat. 2199) directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to convey all right, title, and interest (excluding mineral interest) in a parcel of public land in Big Horn County and Washakie County, Wyoming. The parcel of land to be conveyed comprises approximately 16,500 acres. Conveyance is to be made to the Westside Irrigation District at appraised value. The sale to the District is to take place after ``completion of an environmental analysis under the National Environmental Policy Act'' (NEPA) by the BLM. Under the provisions of Section 102(2)(C) of the National Environmental Policy Act (NEPA), the BLM announces its intentions to prepare an EIS and to solicit public comments regarding issues and resource information.

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 WYW155783 for lands in Carbon 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.

The Bureau of Land Management (BLM), Butte Field Office, and the Montana Department of Environmental Quality (DEQ) intend to prepare an Environmental Impact Statement for the ``M'' Pit Mine Expansion at Montana Tunnels Mine. The BLM and DEQ will announce a public scoping meeting to identify relevant issues in advance through BLM's and DEQ's web sites and in local news media at least 15 days prior to the event.

The Bureau of Land Management (BLM) will hold a public hearing and requests written comments on the fair market value (FMV) and maximum economic recovery (MER) of certain coal resources it proposes to offer for competitive lease sale. The coal in the tracts would be mined by either surface, underground or auger mining methods. The Oklahoma Field Office, BLM has completed the Oklahoma Resource Management Plan Amendment (RMPA) and Decision Record for competitive coal lease applications OKNM 104763, OKNM 107920 and OKNM 108097 in Haskell, Latimer and LeFlore Counties, Oklahoma. The Decision Record was signed by the New Mexico BLM State Director on September 29, 2004. The decision is to implement the BLM's preferred alternative, which will result in offering for lease, the three lease application areas with stipulations, and mitigations as described in the RMPA. The Liberty West tract, OKNM 104763 is located in Haskell County, Oklahoma, and encompasses 640 acres. Estimated recoverable Federal reserves of bituminous coal from the Stigler seam is 2.366 million tons; 2.322 million tons recoverable by surface mining methods, and 44,000 tons recoverable by auger mining. The proximate analysis of the coal on a received basis averages 14,087 BTU/lb., with 2.2% moisture, 1.4% sulfur, 6.7% ash, 64.2% fixed carbon, and 26.7% volatile matter. The Bull Hill tract, OKNM 107920 is located in Latimer and LeFlore Counties, Oklahoma, and encompasses 3,863.17 acres. Estimated recoverable Federal reserves of bituminous coal from two splits of the Lower Hartshorne seam is 8.993 million tons; 4.107 million tons recoverable by surface mining methods, 2.724 million tons recoverable by auger mining, and 2.162 million tons recoverable by underground mining methods. The proximate analysis of the coal on a received basis averages 13,450-14,000 BTU/lb., with 2.9-4.7% moisture, 0.8-1.4% sulfur, 5.6-7.1% ash, 53.5-72.3% fixed carbon, and 17.8-35.9% volatile matter. The McCurtain tract, OKNM 108097 is located in Haskell County, Oklahoma, and encompasses 2,380 acres. Estimated recoverable Federal reserves of bituminous coal from the Hartshorne seam is 6.538 million tons recoverable by underground mining methods. The proximate analysis of the coal on a received basis averages 13,960 BTU/lb., with 3.1% moisture, 0.9% sulfur, 6.7% ash, 68.2% fixed carbon, and 22.0% volatile matter. The public is invited to submit written comments on the FMV and MER of the tracts proposed to be offered for lease and on factors that may affect FMV and MER. A public hearing will be held to accept testimony on FMV and MER of the proposed lease tracts at 1 p.m., on Tuesday, March 1, 2005, at the BLM Oklahoma Field Office in Tulsa, Oklahoma.

The FAA proposes to adopt a new airworthiness directive (AD) for all Dornier Model 328-300 series airplanes. This proposed AD would require installing an additional mounting angle for the respective de- icing pipes at rib 9 in the leading edge area of the left- and right- hand wings. This proposed AD is prompted by chafed de-icing lines in the wing leading edge area. We are proposing this AD to prevent chafing of the de-icing lines, which could result in a reduction in functionality of the anti-ice system, and possibly reduced controllability and performance of the airplane in icing conditions.

Mr. and Mrs. Glen A. Van Brunt (Applicants) request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicants anticipate taking about 1.0 acre of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) nesting, foraging, and sheltering habitat, incidental to land clearing of their 5.5-acre lot and subsequent residential construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The U.S. Fish and Wildlife Service (Service) announces the availability of the HCP and the Environmental Assessment for the ITP application. Copies of the HCP may be obtained by making a request to the Service's Southeast Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to Section 10 of the Endangered Species Act and National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6). The Service specifically requests information, views, and opinions from the public via this Notice on the Federal action. Further, the Service specifically solicits information regarding the adequacy of the HCP as measured against the Service's permit issuance criteria found in 50 CFR Parts 13 and 17.

The Fish and Wildlife Service (Service) is reopening the public comment period on the Draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), Draft Implementing Agreement, and Draft Environmental Impact Report/Environmental Impact Statement (EIR/ EIS) for an incidental take permit for 27 species in Riverside County, California.

Michigan Electric Transmission Company, LLC (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the endangered Karner blue butterfly (Lycaeides melissa samuelis) associated with reconductoring a 4.07-mile segment of electric power transmission line within this right-of-way segment running from east-central Muskegon County into the southwest corner of Newaygo County, Michigan. A conservation program to mitigate for the project activities would be implemented as described in the proposed Cobb to Brickyard Reconductoring Low Effect Habitat Conservation Plan (proposed Plan), which would be implemented by the Applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a ``Low-Effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended.

This final rule amends the Child and Adult Care Food Program (CACFP) regulations to implement a provision of the Child Nutrition and WIC Reauthorization Act of 2004 that increases the duration of the tiering status determinations from three years to five years for family or group day care homes participating in CACFP. This change, which was effective on June 30, 2004, applies only to tiering status determinations based on the eligibility of elementary school children for free or reduced price school meals. Day care homes that are located in the attendance areas of elementary schools in which at least half of the enrolled children are certified eligible to receive free or reduced price school meals receive higher reimbursement rates (tier I) for CACFP meals served to children in care.

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR Part 81, Standard Specification for Granting of Patent Licenses. 2. Current OMB approval number: 31500121. 3. How often the collection is required: Application for licenses are submitted once. Other reports are submitted annually or as other events required. 4. Who is required or asked to report: Applicants for and holders of NRC Licenses to NRC inventions. 5. The number of annual respondents: 1. 6. The number of hours needed annually to complete the requirement or request: 37 hours estimated; however, no applications are anticipated during the next 3 years. 7. Abstract: 10 CFR Part 81 establishes the standard specifications for the issuance of licenses to rights in inventions covered by patents or patent applications invested in the United States, as represented by or in the custody of the Commission and other patents in which the Commission has legal rights. Submit, by April 25, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

This notice publishes the FMCSA decision to renew the exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs) for Mr. Jerry W. Parker. Mr. Parker does not meet the vision requirements because of severe vision loss in his right eye. He meets the alternative physical qualification standards in the FMCSRs for the loss of a limb by holding a Skill Performance Evaluation (SPE) certificate. In order for Mr. Parker to continue to operate a commercial motor vehicle (CMV) in interstate commerce, he must continue to hold an SPE certificate and be granted a renewal exemption from the vision requirements.

As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20376 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the United States that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.