July 6, 2005 – Federal Register Recent Federal Regulation Documents

The State of Alaska has filed an application for a recordable disclaimer of interest from the United States in certain lands underlying the Chilkoot River and Chilkoot Lake.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Teller Native Corporation. The lands are located in U.S. Survey No. 8892, T. 4 S., R 36 W., T. 5 S. R. 37 W., and T. 5 S., R. 40 W., Kateel River Meridian, in the vicinity of Teller, Alaska, and contain 6,596.51 acres. Notice of the decision will also be published four times in the Nome Nugget.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR Sec. 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Rose Art Industries, Inc., a corporation, containing a civil penalty of $300,000.00.

The Commission is seeking comment on whether the platinum section of the FTC's Guides for the Jewelry, Precious Metals, and Pewter Industries, 16 CFR part 23, should be amended to provide guidance on how to mark or describe non-deceptively products containing between 500 and 850 parts per thousand pure platinum and no other platinum group metals.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision consists of regulations for the control of particulate and visible emissions from glass melting facilities. This action is being taken under the Clean Air Act (CAA or the Act).

The EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions are clarifications to the applicability and compliance methods for particulate matter standards for fuel-burning equipment. The EPA is approving these revisions to Maryland regulations in accordance with the requirements of the Clean Air Act.

EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Texas on February 23, 2004, and on May 17, 2005. These revisions serve to incorporate recent revisions to the federal conformity rule into the state conformity SIP.

The U.S. Environmental Protection Agency's Science Advisory Board (SAB) Staff Office is soliciting nominations for consideration of membership on three SAB standing committees. Nominees in response to this request for nominations will be considered for membership on the SAB Drinking Water, Ecological Processes and Effects, and Radiation Advisory Committees. This process supplements other efforts to identify qualified candidates.

On May 13, 2005, the EPA issued direct final amendments to the national emission standards for hazardous air pollutants (NESHAP) for Miscellaneous Coating Manufacturing. The amendments were issued as a direct final rule, along with a parallel proposal to be used as the basis for final action in the event EPA received any adverse comments on the direct final amendments. Because an adverse comment was received on one provision, EPA is withdrawing the corresponding parts of the direct final rule. We stated in that direct final rule that if we received adverse comment by June 13, 2005, we would publish a timely withdrawal in the Federal Register. We will address the adverse comment in a subsequent final action based on the parallel proposal published on May 13, 2005 (70 FR 25684). As stated in the parallel proposal, we will not institute a second comment period on this action.

This document seeks comment on a petition for expedited declaratory rulemaking filed by the Cellular Telecommunications & Internet Association, seeking a declaratory ruling that early termination fees in wireless carriers' service contracts are ``rates charged'' for CMRS within the meaning of the Communications Act.

Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

The Federal Transit Administration (FTA) and the San Francisco Bay Area Rapid Transit District (BART) intend to prepare a joint Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) and Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) for proposed transit service to eastern Contra Costa County. The project would extend service from the existing BART terminus station at Pittsburg/BayPoint, through the communities of Pittsburg, Antioch, Brentwood, and Oakley, to a new terminus in Byron. The corridor generally follows State Route 4 through the eastern part of the county. As an extension of BART service into Eastern Contra Costa County, the project, commonly referred to as ``eBART,'' is intended to improve travel in the increasingly congested State Route 4 corridor by providing direct coordinated connections to the BART system. An earlier planning and feasibility study completed in 2002 evaluated a wide range of alternatives and recommended an innovative transit service concept, which employs light-weight, self-propelled rail cars known as Diesel Multiple Units (DMUs) on right-of-way to be acquired from the Union Pacific Railroad. Service with DMUs is intended to provide a seamless connection to the existing BART service but at a much lower cost. The EIS/EIR will evaluate the DMU alternative (the Proposed Action) and will also evaluate a no build alternative, a bus rapid transit alternative, and a conventional BART extension to Hillcrest Avenue in Antioch. Other alternatives may also surface during the scoping process. Based on the presentation of the Proposed Action, project alternatives, and breadth of the environmental analysis described below, please let us know of your views regarding the scope and content of the EIS/EIR. Your suggestions can be communicated at the scoping meeting or via email or letter to the contact person identified below.

This action proposes to establish four Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR) in the Cincinnati, OH, terminal area. RITTRs are low altitude Air Traffic Service routes, based on area navigation (RNAV), for use by aircraft having instrument flight rules (IFR)-approved Global Positioning (GPS)/ Global Navigation Satellite System (GNSS) equipment. The purpose of RITTR is to expedite the handling of IFR overflight aircraft through busy terminal airspace areas. The FAA is proposing this action to enhance the safe and efficient use of the navigable airspace in the Cincinnati, OH, terminal area.

In April 2005, NMFS proposed to list the Southern Distinct Population Segment (DPS) of the North American green sturgeon (Acipenser medirostris; hereafter ``green sturgeon'') as threatened under the Endangered Species Act. NMFS is extending the public comment period on the proposed listing determination until July 27, 2005.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

NMFS apportions amounts of the non-specified reserve of groundfish to the ``other flatfish'' initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

This notice grants the Spyker Automobielen B.V. (``Spyker'') application for a temporary exemption from the requirements of S4.1.5.3 and S14 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant crash protection, and Part 581 Bumper Standard. This notice also partially grants the Spyker application for a temporary exemption from FMVSS No. 108, Lamps, reflective devices, and associated equipment. The exemptions apply to the Spyker C8 vehicle line. In accordance with 49 CFR Part 555, the basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\ While the exemption from FMVSS No. 208 and Part 581 will be effective for a period of three years, the exemption from FMVSS No. 108 is limited to the first 10 Spyker C8 vehicles imported and sold in the United States.

Colorado Division of Wildlife (CDOW) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit for the Gunnison Sage-Grouse (Centrocercus minimus) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed Candidate Conservation Agreement with Assurances (Agreement) between the CDOW and the Service. The Agreement, the permit application, and the Environmental Assessment are available for public comment. The purpose of the Agreement is for the CDOW and the Service to implement conservation measures for the Gunnison sage-grouse in 15 counties in southwestern Colorado. The effort is in support of the CDOW's ongoing efforts to enhance the abundance and distribution of the Gunnison sage-grouse throughout its historic range in Colorado. The conservation measures would be implemented by the CDOW and by participating landowners. The selected conservation measures would primarily come from the Gunnison Sage-Grouse Rangewide Conservation Plan, which was completed in April 2005 by numerous cooperating agencies and nongovernmental organizations. Consistent with the Service's Candidate Conservation Agreement with Assurances Final Policy (64 FR 32726, June 17,1999), the Agreement is intended to facilitate the conservation of Gunnison sage-grouse by giving the State of Colorado and cooperating private landowners incentives to implement conservation measures. Participating Landowners would receive regulatory certainty concerning land use restrictions that might otherwise apply should the Gunnison sage-grouse become listed under the ESA. Participating Landowners with eligible property in southwestern Colorado could sign up under the Agreement and the associated permit through a Certificate of Inclusion. The proposed term of the Agreement and the permit is 20 years. The Service has prepared an Environmental Assessment for approval of the Agreement and issuance of the permit. The environmental assessment considers the biological, environmental, and socioeconomic effects of the proposed Agreement and permit. The assessment also evaluates two alternatives to the Agreement and permit, and their potential impacts on the environment. We request comments from the public on the permit application, Agreement, and Environmental Assessment. All comments we receive, including names and addresses, will become part of the administrative record and may be released to the public.

Notice is hereby given that the USDA, Forest Service, Angeles National Forest (ANF) and the Palmdale Water District (District) will prepare a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR), referred to as an EIR/EIS, that will evaluate the proposed project and alternatives to the proposed project. As the project proponent, the District proposes to excavate sediment from the Littlerock Reservoir and construct a grade control structure (proposed project) located on Littlerock Creek, in Los Angeles County, California. The proposed grade control structure would be located at, or just downstream of, River Station 4,235 (also know as Rocky Point). the proposed project would: Remove excess Reservoir sediment that has accumulated over time Restore the water storage and flood control capacity of the Reservoir; and Prevent sediment loss and headcutting of the stream channel upstream of Rocky Point to prevent the incidental ``take'' of arroyo toad (Bufo californicus), a federally endangered species.

This notice announces the intent to hold a Resource Advisory Council (RAC) meeting in the Twin Falls District of Idaho on Tuesday, August 9, 2005. The meeting will be held in the Conference Room at the Burley BLM Fire Building, 3600 South Overland Avenue, in Burley, Idaho.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the endangered Virginia northern flying squirrel (Glaucomys sabrinus fuscus), Delmarva Peninsula fox squirrel (Sciurus niger cinereus), northeaster bulrush (Scirpus ancistrochaetus), and the threatened Chittenango ovate amber snail (Novisuccinea chittenangoensis), and Virginia round-leaf birch (Betula uber) under section 4(c)(2)(A) of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 et seq.). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the Virginia northern flying squirrel, Delmarva Peninsula fox squirrel, and northeastern bulrush that has become available since their original listings as endangered species in 1985 (50 FR 26999-27002), 1967 (32 FR 4001), and 1991 (56 FR 21091-21096), respectively. In addition, we are requesting submission of any such information on the Chittenango ovate amber snail that has become available since its listing as a threatened species in 1978 (43 FR 28932-28935), and on the Virginia round-leaf birch, which was originally listed as endangered in 1978 (43 FR 17910-17916) and reclassified as threatened in 1994 (59 FR 59173-59177). Based on the results of these 5-year reviews, we will make the requisite findings under section 4(c)(2)(B) of the ESA.

This document proposes adopting a new airworthiness directive (AD) for Bell Helicopter Textron (Bell) Model 47D1, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 47G-3B-1, 47G-3B-2, 47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A and Coastal Helicopters, Inc. Model OH-13H (Tomcat Mark 5A, 6B, 6C) helicopters that have a certain scissors assembly or weld assembly scissors bracket installed. The AD would require, within 60 days, determining and recording the total hours time-in-service (TIS) for each Parts Manufacturer Approval (PMA)-produced scissors assembly and weld assembly scissors bracket and would establish a life limit for each affected part. This proposal is prompted by the need to establish a life limit on scissors assemblies and weld assembly scissors brackets produced under PMA No. PQ808SW or installed per Supplemental Type Certificate (STC) No. SH2772SW. The actions specified by the proposed AD are intended to establish a life limit to prevent using a scissors assembly or weld assembly scissors bracket past its life limit, which could result in failure of the part and subsequent loss of control of the helicopter.