July 20, 2005 – Federal Register Recent Federal Regulation Documents

In response to a multi-docket Notice of Proposed Rulemaking, 70 FR 17047 (April 4, 2005) this Report and Order allots new FM channels in two communities, including Colfax, Louisiana and Moody, Texas. The Audio Division, at the request of Charles Crawford, allots Channel 267A at Colfax, Louisiana, as the community's first local aural transmission service. Channel 267A can be allotted to Colfax in compliance with the Commission's technical requirements with a site restriction of 13.0 kilometers (8.1 miles) southwest of Colfax, Louisiana. The reference coordinates for Channel 267A at Colfax are 31- 27-53 North Latitude and 92-49-44 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for renewal and comment. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 10, 2005 [FR Vol. 70, No. 89, pages 24670 and 24671]. No comments were received.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment to the Office of Management and Budget (OMB) on continuing need for and usefulness of BTS' Customer Satisfaction Surveys. This collection request has been published in the Federal Register March 31, 2004 on page 17031 with a 60 day comment period ending May 30, 2004. The 60 day notice produced no comments. This collection is now being submitted to OMB for approval.

The U.S. Fish and Wildlife Service announce that a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Lost Trail National Wildlife Refuge is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 and the National Environmental Policy Act of 1969, describes how the U.S. Fish and Wildlife Service intends to manage this refuge for the next 15 years.

The following applicants have applied for a scientific research permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (``we'') solicits review and comment from local, State, and Federal agencies, and the public on the following permit requests.

The Department of the Army proposes to revise its part concerning armed forces disciplinary control boards and off- installation liaison and operations. The part prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations.

Four Authorities authorize the study of the Colorado River and its Tributaries: (1) Flood Control Act, approval June 22, 1936: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys for flood control at the following named localities * * * Colorado River, Texas, above the county line between Coke and Runnels counties * * * Lower Colorado River, Texas.'' (2) Resolution by the Committee on Commerce, United States Senate, adopted August 4, 1936; ``Resolved by the Committee of the United States Senate, that the Board of Engineers for Rivers and Harbors created under Section 3 of the River and Harbor Act, approved June 13, 1902, be and is hereby, requested to review the reports on Colorado River, Texas, submitted in House Document Number 361, Seventy- first Congress, second session, and previous reports, with a view to determining if improvement in the interest of commerce and flood control is advisable at the present time.'' (3) Rivers and Harbors Act, approved August 26, 1937: ``Section 4. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, and its tributaries, Texas, with a view to its improvement in the interest of navigation and flood control.'' (4) Rivers and Harbors Act, approved March 2, 1945: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, Texas.'' An initial assessment based on the resolution guidance indicates a Federal interest in continuing with more detailed studies for these purposes. In accordance with the National Environmental Policy Act, an Environmental Impact Statement (EIS) will be prepared to evaluate and compare flood control damage reduction and recreation alternatives within and along the Colorado River and its tributaries concentrated along the Highland Lakes. The EIS will also assess the impacts to the quality of the human environment associated with each alternative. The study area for project implementation primarily includes the lower Colorado River and its adjoining tributaries below Lake O.H. Ivie to Tom Miller Dam or Lake Austin. The construction of residential and commercial structures within the Highland Lakes and along the Colorado River, have lead to extensive amounts of flood damages. Consequently, flood damage reduction measures will be developed to address the flood damages. In addition, recreation measures will be developed and evaluated as complements to proposed flood damage reduction measures. The non-Federal cost sharing sponsors for the feasibility study are the Lower Colorado River Authority and Travis County.

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

The information collection requirements in a Commission toy cap rule have been approved by the Office of Management and Budget (OMB) under OMB control number 3041-0080. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission now requests comments on a proposed extension of approval of those information collection requirements for a period of three years from the date of approval by the OMB. A regulation codified at 16 CFR 1500.18(a)(5) bans toy caps producing peak sound levels at or above 138 decibels (dB). Another regulation codified at 16 CFR 1500.86(a)(6) exempts toy caps producing sound levels between 138 and 158 dB from the banning rule if they bear a specified warning label and if firms intending to distribute such caps: (1) Notify the Commission of their intent to distribute such caps; (2) participate in a program to develop toy caps producing sound levels below 138 dB; and (3) report quarterly to the Commission concerning the status of their programs to develop caps with reduced sound levels. The Commission wishes to obtain current and periodically updated information from all manufacturers concerning the status of programs to reduce sound levels of toy caps. The Commission will use this information to monitor industry efforts to reduce the sound levels of toy caps, and to ascertain which firms are currently manufacturing or importing toy caps with peak sound levels between 138 and 158 db. The Commission will consider all comments received in response to this notice before requesting approval of this collection of information from the Office of Management and Budget.

The notice set forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting (i.e.; interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at Munira.Mwalimu@ed.gov no later than July 27, 2005. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.

This notice announces the availability of EPA's risk assessment, and related documents, such as supporting science chapters, for the pesticide para-tertiary amylphenol (4-t-amylphenol), and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address any risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for 4-t-amylphenol through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice of availability is Phase 3 of the 4-Phase process.

This notice announces the availability of EPA's risk assessment, and related documents, such as supporting science chapters, for the pesticide azadioxabicyclooctane, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address any risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for azadioxabicyclooctane through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice of availability is Phase 3 of the 4- Phase process.

On May 11, 2005, the Commission published final rules in the Report and Order and Memorandum Opinion and Order. The Report and Order adopted rules that provided for nationwide, non-exclusive, licensing of terrestrial operations, utilizing technology with a contention-based protocol, in the 3650-3700 MHz band (3650 MHz) band. This document contains a correction to the effective date. The Commission deferred the effective date due to the anticipated need for Office of Management and Budget (OMB) approval under the Paperwork Reduction Act (PRA). The Commission has since determined that OMB approval is not required.

The Federal Communications Commissions (FCC) has received Office of Management and Budget (OMB) approval for the following public information collection pursuant to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, 109 Stat 163 (1995). An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Notwithstanding any other provisions of law, no person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number.

The Environmental Protection Agency (EPA) Region 6 is publishing a notice of intent to delete the Mallard Bay Landing Bulk Plant Superfund Site (Site), located northeast of Grand Chenier in Cameron Parish, Louisiana, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' section of today's Federal Register, we are publishing a Direct Final Notice of Deletion of the Mallard Bay Landing Bulk Plant Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the Direct Final Notice of Deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the Direct Final Notice of Deletion, it will not take effect, and as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the Direct Final Notice of Deletion which is located in the Rules section of this Federal Register.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of an irrevocable request for an amendment by a registrant to delete a use in a certain pesticide registration. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

In this document, the Commission reminds telecommunications equipment manufacturers and telecommunications service providers of their obligation to designate an agent for service of informal and formal complaints received by the Commission.

In response to a Notice of Proposed Rule Making, 70 FR 3667 (January 26, 2005), this Report and Order upgrades Channel 272A, Station WLFE-FM, St. Albans, Vermont, to Channel 272C3, reallots Channel 272C3 to Grand Isle, Vermont, and modifies Station WLFE-FM's license accordingly. To accommodate the foregoing changes, this Report And Order substitutes Channel 271C3 for Channel 272A at FM Station WRGR, Tupper Lake, New York. The coordinates for Channel 272C3 at Grand Isle, Vermont are 44-44-07 NL and 73-30-57 WL, with a site restriction of 17.4 kilometers (10.8 miles) west of Grand Isle. The coordinates for Channel 271C3 at Tupper Lake, New York, are 44-07-21 NL and 74-31-52 WL, with a site restriction of 12.6 kilometers (7.8 miles) southwest of Tupper Lake.

EPA issued a final rule in the Federal Register of June 1, 2005, establishing two tolerance exemptions for two isopropylamine salts. This document is being issued to correct the CAS Reg. No. for one of those salts, 2-propanamine, compound with [alpha]-phosphono- [omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1).