May 20, 2005 – Federal Register Recent Federal Regulation Documents

On April 22, 2004, the EPA issued national emission standards to control hazardous air pollutants emitted from iron and steel foundries. This action amends the work practice requirements for materials certification and scrap selection/inspection programs. The direct final amendments add clarification and flexibility but do not materially change the requirements of the rule.

This document corrects a Notice of proposed rulemaking summary that was published in the Federal Register at 70 FR 24350, May 9, 2005. In this document, the Commission corrects the Dates section of the preamble to reflect correct comment due dates.

An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

The President's Export Council (PEC) will hold a full Council meeting to discuss topics related to export expansion. The meeting will include discussion of trade priorities and initiatives, PEC subcommittee activity and proposed letters of recommendation. The PEC was established on December 20, 1973, and reconstituted May 4, 1979, to advise the President on matters relating to U.S. trade. It was most recently renewed by Executive Order 13316.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Pennsylvania Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended, (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Zone Management Programs requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. The evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the date of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. The Pennsylvania Coastal Management Program evaluation site visit will be held July 11-15, 2005. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 13, 2005, at 7 p.m. at the Philadelphia Water Works, 640 Water Works Drive, Philadelphia, Pennsylvania. Copies of a state's most recent performance reports, as well as OCRM's notification and supplemental request letters to the state, are available upon request from OCRM. Written comments from interested parties regarding this Program are encouraged and will be accepted until 15 days after the public meeting. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East- West Highway, 10th Floor, Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Virgin Islands Coastal Management Program (CMP); and the South Slough (Oregon) and Guana-Tolomato-Matanzas (Florida) National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The territory of the Virgin Islands was found to be implementing and enforcing its federally approved coastal management program, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of its financial assistance awards. South Slough (Oregon) and Guana- Tolomato-Matanzas (Florida) NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov, (301) 713-3155, extension 118.

The Defense Science Board Task Force on Improvised Devices (IEDs) will meet in closed session on June 23-24, 2005; July 26-27, 2005, at Strategic Analysis, Inc., 3601 Wilson Boulevard, Arlington, VA. The Task Force will explore methods and techniques to significantly reduce the effects of IEDs on U.S. and coalition forces in operations such as are currently being conducted in Operation Iraqi Freedom (OIF). The Task Force should examine ways to counter the use as well as mitigate the consequences of IEDs. The Task Force should examine ways to counter the use as well as mitigate the consequences of IEDs.

The Defense Science Board Task Force on Nuclear Capabilities will meet in closed session on May 26-27, 2005 (at IDA; general theme is the world environment); June 17, 2005 (at IDA; general theme is the complex, manufacturing, and systems engineering); July 21-22, 2005 (location TBD); August 1-12, 2005 (summer study session in Irvine, CA); August 30-31, 2005 (in addition to time in Irvine, location TBD) and September 13-14, 2005 (location TBD). The Institute for Defense Analysis (IDA) is located at 4850 Mark Center Drive, Alexandria, VA. The Task Force will review DoD needs and specific requirements for nuclear capabilities. In accordance with Section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meetings will be closed to the public.

The collection of information referred herein applies to a World-Wide Web site questionnaire that permits individuals to report on the effects of the shaking from an earthquakeon themselves personally, buildings, other man-made structures, and ground effects such as faulting or landslides. The USGS may use the information to provide qualitative, quantitative, or graphical descriptions of earthquake damage. Estimated Completion Time: 6 minutes. Estimated Annual Number of Respondents: 100,000. Frequency: After each earthquake. Estimated Annual Burden Hours: 10,000 hours. Affected Public: The general public. 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, or go to the Web site (https:// pasadena.wr.usgs.gov/shake/).

EPA is approving a December 19, 2003, request from Michigan to revise the ground level ozone State Implementation Plan (SIP) for the Southeast Michigan area. EPA originally approved the Southeast Michigan ozone maintenance plan on April 6, 1995. This action approves an update to the plan prepared by Michigan to maintain the 1-hour national ambient air quality standard (NAAQS) for ozone in the Southeast Michigan maintenance area through the year 2015. This update is required by the Clean Air Act (CAA).

EPA invites public comment on its proposal to approve revisions to the State of Washington Implementation Plan (SIP). The Director of the Washington State Department of Ecology (Ecology) submitted a request to EPA dated March 1, 2004 to revise the Washington SIP to include revisions to WAC Ch. 173-434, Solid Waste Incinerator Facilities. The revisions were submitted in accordance with the requirements of section 110 of the Clean Air Act (hereinafter the Act). EPA proposes to approve the revisions to WAC Ch. 173-434 as part of the SIP, with the exception of a couple of submitted rule provisions which are inappropriate for EPA approval because they are unrelated to the purposes of the implementation plan.

EPA's grant regulations (40 CFR 35.115) require the Agency to evaluate the performance of agencies which receive grants. EPA's regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluations. EPA performed end-of-year evaluations of 8 state air pollution control programs (Alabama Department of Environmental Management; Florida Department of Environmental Protection; Georgia Department of Natural Resources; Kentucky Environmental & Public Protection Cabinet; Mississippi Department of Environmental Quality; North Carolina Department of Environment and Natural Resources; South Carolina Department of Health and Environmental Control; and Tennessee Department of Environment and Conservation) and 16 local programs (City of Huntsville Division of Natural Resources, AL; Jefferson County Department of Health, AL; Broward County Environmental Protection Department, FL; City of Jacksonville Environmental Quality Division, FL; Hillsborough County Environmental Protection Commission, FL; Miami- Dade County Air Quality Management Division, FL; Palm Beach County Health Department Division of Environmental Health, FL; Pinellas County Department of Environmental Management, FL; Louisville Metro Air Pollution Control District, KY; Forsyth County Environmental Affairs Department, NC; Mecklenburg County Land Use and Environmental Services Agency, NC; Western North Carolina Regional Air Quality Agency, NC; Chattanooga-Hamilton County Air Pollution Control Bureau, TN; Knox County Department of Air Quality Management, TN; Memphis-Shelby County Health Department, TN and Nashville-Davidson County Metropolitan Public Health Department, TN). The 24 evaluations were conducted to assess the agencies' performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. EPA Region 4 has prepared reports for each agency identified above and these reports are now available for public inspection.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative agreement pursuant to section 122(g) of CERCLA, 42 U.S.C. 9622(g), pertaining to the Li Tungsten Site (``Site'') located in Glen Cove, Nassau County, New York. The settlement requires that 22 settling parties, identified by EPA as having contributed a minimal volume of hazardous substances, pay a total of $210,970 into a special account which has been established for the Site. This amount is considered to be their fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site. The settlement includes a covenant not to sue the settling parties for claims pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), in exchange for their payment of monies. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.

The Coast Guard seeks applications for membership on the Commercial Fishing Industry Vessel Safety Advisory Committee (CFIVSAC). CFIVSAC advises and makes recommendations to the Coast Guard for improving commercial fishing industry safety practices.

The Captain of the Port, Portland, Oregon, will enforce the safety zone established for the Astoria Regatta on the waters of the Columbia River. This action is being taken to safeguard watercraft and their occupants from safety hazards associated with the display of fireworks. Entry into these safety zones is prohibited unless authorized by the Captain of the Port.

This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Estom Yumeka Maidu Tribe (Enterprise Rancheria) as a cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 40 acre fee-to-trust transfer and casino and hotel project to be located in Yuba County, California. The purpose of the proposed action is to help provide a land base for, and address the socio-economic needs of the Enterprise Rancheria. This notice also announces a public scoping meeting to identify potential issues, concerns and alternatives to be considered in the EIS.

The Federal Aviation Administration (FAA) announces the availability of final policy on conducting component level tests in order demonstrate compliance with the requirements of Sec. Sec. 25.785(b) and (d).

The Federal Aviation Administration (FAA) announces that the Draft O'Hare Modernization Section 303/4(f) and Section 6(f) Evaluation for the O'Hare Modernization Environmental Impact Statement is available for public review and comment. The Section 303/4(f) and Section 6(f) Evaluation can be obtained on the Web at https:// www.agl.faa.gov/OMP/DEIS.htm or the locations noted below. The Section 303/4(f) and Section 6(f) Evaluation documents the consideration of impacts to Section 303/4(f) lands and DOT Section 6(f) lands that could be impacted by build alternatives proposed at Chicago O'Hare International Airport. The proposed build alternatives are intended to address the projected needs of the Chicago region by reducing delays at O'Hare, thereby enhancing capacity of the National Airspace System, and ensuring that terminal facilities and supporting infrastructure can efficiently accommodate airport users. The comment period is open as of the date of this Notice of Availability and closes July 5, 2005. Comments must be sent to Michael W. MacMullen of the FAA at the address shown below. Comments must be postmarked and emails must be sent no later than midnight, July 5, 2005.

NMFS proposes regulations to implement Framework Adjustment 1 to the Atlantic Deep-Sea Red Crab (Red Crab) Fishery Management Plan (FMP). This proposed rule would modify the existing annual review and specification process to allow specifications to be set for up to a 3- year timeframe. The proposed action would allocate for fishing year (FY) 2006 and FY2007 the current (FY2005) target total allowable catch (TAC) and fleet days-at-sea (DAS) of 5.928 million lb (2.69 million kg) and 780 fleet DAS, respectively. The primary purpose of this proposed action is to conserve and manage the red crab resource, reduce the staff resources necessary to effectively manage this fishery by reducing the frequency with which Stock Evaluation and Fishery Evaluation (SAFE) Reports, specification packages, and rule-making documents need to be prepared and processed, and provide consistency and predictability to the industry.

This notice advises the public that an incidental take permit to the Idaho Department of Fish and Game (IDFG), pursuant to the Endangered Species Act of 1973 (ESA), has been issued and that the decision documents are available upon request.

EPA expressed environmental concerns about air quality, cumulative impacts assessment, and the adaptive management process. The significant increase in prescribed burning realtive to the 1986 Forest Plan supports the need for a detailed pre-burn analysis. Rating EC2.