February 2005 – Federal Register Recent Federal Regulation Documents

The Audio Division, at the request of New Northwest Broadcasters, LLC, reallots Channel 256C1 from Walla Walla to Burbank, Washington, and modifies Station KUJ-FM's license accordingly. See 67 FR 17669, April 11, 2002. We also dismiss the one-step upgrade application (File No. BPH-20041008ACV) filed by New Northwest Broadcasters, LLC, requesting the substitution of Channel 256C1 for 256C2 at Walla Walla, Washington, as moot. Channel 256C1 can be reallotted to Burbank in compliance with the Commission's minimum distance separation requirements at petitioner's presently licensed site. The coordinates for Channel 256C1 at Burbank are 45-57-22 North Latitude and 118-41-11 West Longitude.

This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under the Biomass Research and Development Act of 2000. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the meeting of the Biomass Research and Development Technical Advisory Committee.

The Administration on Aging (AoA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Pursuant to Section 9.52(b) of Title 36 of the Code of Federal Regulations, Part 9, Subpart B, the National Park Service (NPS) announces the availability of a Plan of Operations, prepared by Luxor Oil and Gas, Inc., to re-enter an existing natural gas well and directionally drill a lateral sidetrack leg, at Lake Meredith National Recreation Area and Alibates Flint Quarries National Monument. The NPS has prepared an Environmental Assessment on this proposal.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, requirements of the National Parks and Recreation Act of 1978, Public Law 95-625, and National Park Service Policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision- making) the National Park Service (NPS) will prepare an Environmental Impact Statement for the General Management Plan for Fort Pulaski National Monument located near Savannah, Georgia. The authority for publishing this notice is contained in 40 CFR 1506.6. The statement will assess potential environmental impacts associated with various types and levels of visitor use and resources management within the National Monument. The NPS is currently accepting comments from interested parties on issues, concerns, and suggestions pertinent to the management of Fort Pulaski. Suggestions and ideas for managing the cultural and natural resources and visitor experiences at Fort Pulaski are encouraged. Comments may be submitted in writing to the address listed at the end of this notice or through the GMP Web site, which is linked to the park's Web site at https://www.nps.gov/fopu. The NPS will publish periodic newsletters on the GMP Web site to present scoping issues and preliminary management concepts to the public as they are developed. Public meetings to present draft management concepts will be conducted in the local area. Specific locations, dates, and times will be announced in local media and on the GMP Web site. If you wish to comment, you may submit your comments by any one of several methods. You may mail comments to Superintendent, Fort Pulaski National Monument, U.S. Highway 80 East, P.O. Box 30757, Savannah, Georgia 31410, Telephone: 912-786-5787. You may also comment via the Internet to https://www.planning.den.nps.gov/parkweb/ comments.cfm?RecordID=165. Please submit Internet comments as an ASCII file avoiding the use of special characters and any form of encryption. Please also include your name and return address in your Internet message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly at 404-562- 3124, ext. 685. Finally, you may hand-deliver comments to Fort Pulaski National Monument, Cockspur Island, U.S. Highway 80 East, Savannah, Georgia 31410. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.

The OCC, Board, FDIC, and NCUA (the Agencies), are issuing final Joint Guidance on Overdraft Protection Programs (guidance). This guidance is intended to assist insured depository institutions in the responsible disclosure and administration of overdraft protection services.

As required by the Veterans' Compensation Cost-of-Living Adjustment Act of 2004, Public Law 108-363, the Department of Veterans Affairs (VA) is hereby giving notice of adjustments in certain benefit rates. These adjustments affect the compensation and dependency and indemnity compensation (DIC) programs.

The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the second notice for public comment; the first was published in the Federal Register at 69 FR 61409, and one comment was received. NSF is forwarding the proposed renewal submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 72517th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or send e-mail to splimpto@nsf.gov. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission may be obtained by calling (703) 292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: FECA Medical Report Forms, Claim for Compensation (CA-7, CA-16, CA-17, CA-20, CA-1090, CA-1303, CA-1305, CA-1331, CA-1087, CA-1332, QCM Letters, OWCP-5a, OWCP-5b, and OWCP-5c). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.

The Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have broadened the scope of the regulations to include persons who may need access to classified information in connection with licensing and regulatory activities under the regulations that govern the disposal of high-level radioactive waste in geologic repositories, and persons who may need access to classified information in connection with other activities as the Commission may determine, such as vendors of advanced reactor designs. In addition, this direct final rule would have broadened the scope of the regulations applicable to procedures for obtaining facility security clearances. The NRC is withdrawing this direct final rule because it has received significant adverse comments in response to an identical proposed rule which was published concurrently with the direct final rule.

This notice provides the opportunity to file additional argument relating to the establishment of an appropriate representative base period for the allocation of initial base under a proposed marketing agreement and order concerning hops grown in Washington, Oregon, Idaho and California. The proposal to establish a hop marketing order was submitted by the Hop Marketing Order Proponent Committee (committee), a group of industry members who support a marketing order for hops. A public hearing on the proposal was held in October 2003, where USDA heard testimony and received evidence from industry participants. This invitation for additional argument is intended to assist USDA in its further consideration of the proposal before rendering a recommended decision.

NCUA is amending three subsections of its lending rule and this final rule clarifies: the conditions for applying the rule to loans secured by mobile homes, recreational vehicles, house trailers and boats; that loans secured by manufactured homes may be considered residential real estate loans; and that loans with a partial government guarantee, insurance, or advance commitment to purchase a portion of a loan fall within the rule. The changes incorporate legal interpretations previously issued by its Office of General Counsel (OGC) regarding permissible maturities for certain types of loans and the effect of partial government guarantees. The NCUA Board is making these changes because it believes it is helpful to federal credit unions (FCUs) and others that may consult NCUA regulations to incorporate these interpretations as part of the rule itself rather than having them stated separately in OGC legal opinions.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of the Treasury, Internal Revenue Service, gives notice of a proposed new system of records entitled ``Treasury/IRS 00.009Taxpayer Assistance Center (TAC) Recorded Quality Review Records.''

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness, Per Diem Travel and Transportation Allowance Committee announces a proposed 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 North American Breeding Bird Survey (BBS) is a long- term, large-scale avian monitoring program to track the status and trends of continental bird populations. Each spring, interested volunteers conduct counts of birds along roadsides across the United States. Data can be submitted electronically via the Internet or on hard copy. These data provide an index of population abundance that can be used to estimate population trends and relative abundances at various geographic scales. Declining population trends act as an early warning system to galvanize research to determine the causes of these declines and reverse them before populations reach critically low levels. The USGS currently provides BBS population trend estimates and raw population data for more than 400 bird species via the Internet. Estimated Annual Number of Respondents: 2500. Estimated Annual Burden Hours: 12,500 hours. Estimated Annual (Non-Hour) Cost Burden: The estimated annual (non- hour) cost burden per response is about $37.50 for a total annual burden of about $93,000. This is based on about 100 miles per survey route, times $0.375 per mile, times 2500 survey routes. Affected Public: Primarily U.S. residents. For Further Information Contact: To obtain copies of the survey, contact the Bureau clearance officer, U.S. Geological Survey, 807 National Center, 12201 Sunrise Valley Drive, Reston, Virginia, 20192, telephone (703) 648-7313.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Recordkeeping and Records Access Requirements for Food Facilities'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The Environmental Protection Agency (EPA) is today listing as hazardous nonwastewaters generated from the production of certain dyes, pigments, and FD&C colorants. EPA is promulgating this regulation under the Resource Conservation and Recovery Act (RCRA), which directs EPA to determine whether these wastes pose a substantial present or potential hazard to human health or the environment when they are improperly treated, stored, transported, disposed of or otherwise managed. This listing sets annual mass loadings for constituents of concern, such that wastes would not be hazardous if the constituents are below the regulatory thresholds. If the wastes meet or exceed the regulatory levels for any constituents of concern, the wastes must be managed as listed hazardous wastes, unless the wastes are either disposed in a landfill unit that meets certain liner design criteria, or treated in a combustion unit as specified in the listing description. This rule also adds five toxic constituents to the list of hazardous constituents that serves as the basis for classifying wastes as hazardous. In addition, this rule establishes Land Disposal Restrictions (LDR) treatment standards for the wastes, and designates these wastes as hazardous substances subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This rule does not adjust the one pound statutory reportable quantity (RQ) for the waste.

The Environmental Protection Agency (EPA) Region 1 announces its intent to delete a portion of the Peterson/Puritan, Inc. Superfund Site (the Site), owned by Macklands Realty, Inc. and Berkeley Realty, Co. (herein Macklands and Berkeley properties), from the National Priorities List (NPL). EPA requests public comment on this action. The NPL constitutes appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This partial deletion at Operable Unit Two (OU 2) of the Peterson/Puritan, Inc. Site is proposed in accordance with 40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List 60 FR 55466 (November 1, 1995). The Site is made up of two formally designated operable units. This proposal for partial deletion pertains only to a portion of OU 2 consisting of 19.8 acres of the estimated 217 acres contained in OU 2. Macklands Realty, Inc. owns Plat 14, Lot 2 which consists of approximately 10.1 acres proposed for deletion while Berkeley Realty, Co. owns Plat 15, Lot 1 which consists of approximately 9.7 acres proposed for deletion. These properties are also known locally as the proposed Berkeley Commons and River Run developments, located along the eastern slope of the Blackstone River Valley between State Route 122 and the Blackstone River in Cumberland, Rhode Island. The western extent of the Macklands and Berkeley properties also makes up a portion of the northeastern boundary of OU 2. The remaining portions of OU 2 will stay on the NPL, and the Remedial Investigation and Feasibility Study (RI/FS) will continue as planned at OU 2. EPA bases its intent to delete this portion at OU 2 on the determination by EPA and Rhode Island Department of Environmental Management (RIDEM) that investigations have shown that the area proposed for deletion poses no significant threat to human health or the environment and, therefore, currently warrants that no further response action is required at the Macklands and Berkeley properties.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the General Administrative Regulations (7 CFR part 400, subpart VSubmission of Policies, Provisions of Policies, and Rates of Premium), to include provisions regarding the necessary revisions to the Plan of Operations and administration of the premium reduction plans authorized under section 508(e)(3) of the Federal Crop Insurance Act (Act).

The Department of Homeland Security is publishing this proposed Maximum Pay Rate Table (Table) in conjunction with its interim rule for National Urban Search and Rescue Response (US&R) System, which is also being published in this edition of the Federal Register. The interim rule standardizes the financing, administration and operation of the US&R System, and standardizes the relationships between DHS and ``Sponsoring Agencies'' of the US&R Systemthose State or local government agencies that agree to organize and administer a US&R Task Force. This notice seeks comment on the proposed Table, which establishes the maximum rates that DHS will pay for US&R Task Force physicians, engineers and canine handlers as ``Affiliated Personnel'' or for backfill positions for activated US&R System Members employed by or otherwise associated with a for-profit ``Participating Agency.''