September 2, 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Section 122 Administrative Agreement and Order on Consent for removal activities the Anniston Lead and Anniston PCB Superfund Sites, which includes a de minimis settlement under section 122(g)(4) of CERCLA for the Anniston PCB Superfund Site. The proposed Section 122 Administrative Agreement and Order on Consent also includes an agreement for recovery of past response costs for the Anniston Lead Superfund Site, and for the recovery of future response costs for the Anniston Lead and Anniston PCB Superfund Sites. The following parties have returned signature pages accepting EPA's offer of the proposed Section 122 Administrative Agreement and Order on Consent: DH Industries, L.L.C.; FMC Corporation, for itself and as the successor to Kilby Steel Company, Inc., and for FMC Technologies, Inc.; Huron Valley Steel Corporation; McWane, Inc. for itself and as the successor by merger with Ransom Industries, L.P.; MeadWestvaco Corporation; MRC Holdings, Inc.; MW Custom Papers, L.L.C.; Phelps Dodge Industries, Inc.; United Defense, L.P.; United States Pipe and Foundry Company, Inc.; and Walter Industries, Inc. EPA will consider public comments on the proposed Section 122 Administrative Agreement and Order on Consent until October 3, 2005. EPA may withhold consent from, or seek to modify, all or part of the proposed Section 122 Administrative Agreement and Order on Consent if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. The proposed settlement can be viewed at www.epa.gov/region4/waste/annistonall.htm and copies are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency; Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303, (404) 562-8887, Batchelor.Paula@epa.gov. Written comments may be submitted to Mr. Michael Sparks at the above address within 30 days of the date of publication.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed highway project in Colfax and Dodge Counties, Nebraska.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval. Summary of Proposal(s) (1) Collection title: Employee's Certification. (2) Form(s) submitted: G-346. (3) OMB Number: 3220-0140. (4) Expiration date of current OMB clearance: 11/30/2005. (5) Type of request: Revision of a currently approved collection. (6) Respondents: Individuals or households. (7) Estimated annual number of respondents: 7,560. (8) Total annual responses: 7,560. (9) Total annual reporting hours: 630. (10) Collection description: Under Section 2 of the Railroad Retirement Act, spouses of retired railroad employees may be entitled to an annuity. The collection obtains information from the employee about the employee's previous marriages, if any, to determine if any impediment exists to the marriage between the employee and his or her spouse. Additional Information or Comments: Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer at (312-751-3363) or Charles.Mierzwa@rrb.gov. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois, 60611-2092 or Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503.

The International Code Council (ICC), under whose auspices the International Codes (``I-Codes'') are developed, maintains a process for updating these model codes based on receipt of proposals from interested individuals and organizations. The ICC's 14 separately published codes are each comprehensively updated and re-published every three years with a supplement released between each edition. The most current versions of the I-Codes are the 2003 Editions and 2004 Supplements. The 2006 Editions will be released in March, 2006. The purpose of this notice is to invite public participation in the Final Action Hearings. At this session, public comments are reviewed and discussed and final voting is conducted to determine which proposals are adopted into the 2006 I-Codes. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of ICC is being undertaken as a public service; NIST does not necessarily endorse, approve, or recommend any of the codes or standards referenced in the notice. Session Dates: The Final Action Hearings of the 2004/2005 Code Development Cycle will occur between September 28 and October 2, 2005, at the COBO Center in Detroit, Michigan. Proposed changes approved during this cycle, in addition to changes published in the 2004 Supplement, will constitute the 2006 editions of the International Codes. The agenda for the hearing as well as updates to the schedule are also posted on the ICC Web site at: https://www.iccsafe.org.

The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

The Coast Guard proposes to establish temporary special local regulations for the ``Hampton Roads Sailboard Classic'', a marine event to be held October 29 and 30, 2005 on the waters of Willoughby Bay, Norfolk, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of Willoughby Bay during the event.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from September 1, 2005 through September 30, 2005. This temporary deviation is necessary to facilitate bridge maintenance.

The Coast Guard proposes to change the regulations governing six bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council has requested that the bridges remain closed to navigation at various times on weekdays during the school year. These closures will facilitate the safe, efficient movement of staff, students and other residents within the parish.

In accordance with the Knolls Recreation Area Management Plan, the Bureau of Land Management (BLM), Salt Lake Field Office, is establishing a special recreation permit fee area, and issuing interim final supplementary rules and requesting comments. These interim final supplementary rules will apply to public lands within the Knolls Special Recreation Management Area (SRMA) and will be effective until the publication of a final supplementary rule. The BLM has determined these interim final supplementary rules are necessary to enhance the safety of visitors, protect natural resources, improve recreation opportunities, and protect public health.

The Bureau of Land Management (BLM) Field Office, Tucson, Arizona intends to prepare a Resource Management Plan and Environmental Impact Statement (RMP/EIS) for the San Pedro Riparian National Conservation Area and Tucson planning effort. When approved, the RMP will replace those portions of the existing Phoenix Resource Management Plan (1989) and Safford District Resource Management Plan (1992, 1994) within the Tucson Field Office administrative boundary.

Under the National Environmental Policy Act (NEPA); provisions in the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.); implementing regulations and other applicable statutes the Bureau of Land Management (BLM) announces the availability of the Federal coal leasing FEIS. The FEIS analyzes the impacts of issuing a Federal coal lease within the West Mine Area of the Freedom Mine, located in Mercer County, North Dakota, and includes 5571 acres of Federal coal.

This final rule sets forth the Commodity Credit Corporation's (CCC) policy with respect to implementation of the discretionary authority provided to it by Public Law 108-470. This act allows for the collection of assessments levied on the marketings of agricultural commodities. Generally, these assessments are required, under State and Federal law, to be paid from CCC marketing assistance loan proceeds by a producer who markets the commodity or are required to be collected by the first purchaser of the commodity. This final rule adopts, with changes, the proposed rule published in the Federal Register on June 7, 2005 (70 FR 33043).

The U.S. Army Corps of Engineers, Mississippi Valley Division, New Orleans District, is initiating this study under the authority of the Energy and Water Development Appropriation Act for Fiscal Year 2002 (Pub. L. 107-66) to determine the environmental impacts of the Houma Navigation Canal (HNC) lock complex and associated structures. The reconnaissance study for the Mississippi River & TributariesMorganza, Louisiana to the Gulf of Mexico hurricane protection project (MtoG) was authorized by a resolution adopted April 30, 1992, by the Committee of Public Works and Transportation of the U.S. House of Representatives. The Water Resources Development Act (WRDA) of 1996 authorized the Corps to conduct an independent study of a lock to be located in the HNC. That study was completed in 1997. In 1998, Congress authorized the Corps to initiate detailed design of the multipurpose lock in the HNC. A Final Programmatic Environmental Impact Statement (FPEIS) entitled ``Mississippi River & TributariesMorganza, Louisiana to the Gulf of Mexico Hurricane Protection'' went to the public in March 2002. A Record of Decision has not been signed for this FPEIS. The MtoG entered the design phase following approval by the Mississippi River Commission and the execution of a design agreement in May 2002. The lock complex and associated structures on the HNC are part of the larger MtoG project.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The National Park Service (NPS) Volunteers-In-Parks (VIP) program (Pub. L. 91-357) is collecting information from volunteers in the form of a survey for the purposes of evaluating the program and its effectiveness. In order to effectively manage the increasing trend of volunteerism in the NPS, it is imperative that the agency assess its strengths and weaknesses and determine methods for improved efficiency. A servicewide volunteer program assessment has not been conducted to date. Current VIPs will be surveyed (mail-back/Internet-based questionnaire) during this process to collect information about the current status and needs of the program. In addition, follow-up focus groups (3 with up to 20 participants each) and telephone interviews (up to 40) will be conducted to acquire detailed data expanding on questionnaire results). Recommendations for improvements will be made based on the findings. This process will not only aid in creating an improved, streamlined program, but may also serve as a model for other Federal agencies.

Notice is hereby given in accordance with Section 9.52(b) of Title 36 of the Code of Federal Regulations, part 9, subpart B, that the National Park Service (NPS) has received from Krescent Energy Company, LLC, a Plan of Operations to conduct the Tyler 3-D ``Cable- Only'' Seismic Survey of the Upper Neches River Corridor Unit of Big Thicket National Preserve, within Tyler and Jasper Counties, Texas. The NPS has prepared a Categorical Exclusion on this proposal.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service has prepared a Draft Environmental Impact Statement for the proposed general management plan for Ebey's Landing National Historical Reserve (Reserve) located in northwestern Washington. In addition to a ``no-action'' alternative (which would maintain current management), the Draft EIS describes and analyzes two ``action'' alternatives which respond to public concerns and issues identified during the scoping process, as well as NPS's conservation planning requirements. These alternatives present varying management strategies that address visitor use and preservation of cultural and natural resources that protect and reflect the rural community on Whidbey Island from 19th century exploration and settlement in Puget Sound to the present time. The potential environmental consequences of each alternative, and mitigation strategies, are identified and analyzed; a determination as to the ``environmentally preferred'' alternative is also provided in the Draft EIS. Scoping: A Notice of Intent announcing preparation of the Draft EIS and general management plan was published in the Federal Register on May 22, 2000. Public involvement has included public meetings, presentations and meetings with organizations located within the Reserve and additional organizations, newsletter mailings, local press releases, website postings, and postcards. Preceding the formal EIS analysis process, the NPS had organized an interdisciplinary planning team to initiate the general management plan process for the Reserve. The team included the Reserve's Trust Board and staff, representatives from Washington State, Island County and Town of Coupeville, and NPS staff from the Pacific West Region Office in Seattle, Washington. The purpose of these initial meetings was to help characterize the scale and extent of the planning process. The formal public scoping efforts began in June 2000 with release of a scoping newsletter to approximately 650 people on the Reserve's mailing list. In addition, over 2800 newsletters were distributed at local public places such as libraries, civic buildings, businesses, and parks. The planning team received 36 letters during the official public scoping period ending August 15, 2000. In addition, during June 2000, three public scoping meetings were held in Seattle, Washington and Coupeville, Washington (in total, 141 verbal comments were recorded). Individual scoping meetings were also held between August 2000 and January 2001 with organizations located within the Reserve to discuss issues of mutual interest. Other meetings with other interested organizations were also scheduled. Proposed Plan and Alternatives: Alternative A constitutes the No- Action alternative and serves as an environmental baseline to facilitate comparisons between the ``action'' alternatives. Alternative A assumes that existing programs, facilities, staffing, and funding would generally continue at their current levels. The NPS would dispose of NPS-owned and managed farms within the Reserve to the private sector after placing conservation easements on them. Alternative B is the ``agency preferred'' alternative. The Reserve's Trust Board, and the NPS, in cooperation with partners, would enhance existing programs and resources management, as well as administrative, maintenance, and visitor services within the Reserve. To maintain and protect the rural landscape, the NPS would continue to purchase conservation easements on priority properties based upon a new land protection plan. The NPS would exchange NPS-owned farms to private farm owners for additional protection on other properties within the Reserve. Historic buildings would be rehabilitated to the Secretary of the Interior's Standards. The county would be encouraged to develop a zoning overlay for the Reserve to aid in land use control. In addition, a minor boundary adjustment would be recommended. To orient and inform visitors about the Reserve, three gateway kiosks would be developed along State Route 20 and a visitor center/contact station would be operated within an historic building in Coupeville or within the historic district (three development concept plans for three sites are included). As documented in the Draft EIS this alternative is deemed to be ``environmentally preferred''. Alternative C changes the management structure of the Reserve from a Trust Board of volunteers to a paid Commission structure. Many actions are similar to Alternative B but with some distinctions. Approximately five acres of NPS-owned land at Farm II would be retained for administrative and maintenance use before exchanging the remaining farmland to a private farm owner for additional protection on other properties within the Reserve. One of the three gateways would be in a historic building in the north of the Reserve. The Reserve would partner for a visitor contact facility at a proposed marine science center. Public Review and Comment: The Draft GMP/EIS has now been released for public review, and a limited number of printed copies are available upon request (see below). In addition, the document may be reviewed at the public library in Coupeville. Also a Draft General Management Plan Alternatives Newsletter is being issued concurrently. Written comments may be submitted using several methods. Responses are encouraged online using the electronic comment form accessed at the NPS Planning, Environment and Public Comment System (https://parkplanning.nps.gov/ ebla). A postage-paid comment response form is included in the Alternatives Newsletter (additional pages may be attached to this form as necessary). Written comments may be directly mailed to: Rob Harbour, Reserve Manager, Ebey's Landing National Historical Reserve, P.O. Box 774, 162 Cemetery Road, Coupeville, WA 98239. In addition, oral comments may be offered at one of several public workshops to be conducted in fall, 2005. Confirmed details on dates, locations and times for these workshops will be announced in local newspapers, in the Alternatives Newsletter, via the park's website, or may be obtained by telephone at (360) 678-6084. All written comments must be postmarked or transmitted not later than 60 days after the EPA's notice of filing is published in the Federal Register (immediately upon confirmation of this date it will be announced on the park's website). All comments will become part of the public record. If individuals submitting comments request that their name or address be withheld from public disclosure, the request will be honored to the extent allowable by law. Such requests must be stated prominently in the beginning of comments. There also may be circumstances in which the NPS will withhold from the record a respondent's identity, as allowable by law. As always: The NPS will make available to public inspection all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses; and anonymous comments may not be considered. Decision: Following the opportunity to review the Draft EIS/GMP, all public and agency comments received will be carefully considered in preparing the final document. The Final EIS is anticipated to be completed during the Fall/Winter 2006 and its availability will be similarly announced in the Federal Register and via local and regional press media. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region; subsequently the approved plan would be implemented by the Trust Board, Ebey's Landing National Historical Reserve, in conjunction with the Reserve Manager.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the intention of the National Agricultural Statistics Service (NASS) to revise and extend a currently approved information collection, the Agricultural Labor Survey.

Pursuant to United States Code, Title 31, section 5135(b)(8)(C), the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for September 27, 2005, at United States Mint Headquarters in Washington, DC. The purpose of this meeting is to advise the Secretary of the Treasury on themes and designs pertaining to the coinage of the United States and for other purposes. Date: September 27, 2005. Time: 1 p.m. to 4 p.m. Location: The United States Mint; 801 9th Street, NW.; Washington, DC; 2nd floor. Subject: Review design candidates for the Jamestown 400th Anniversary Commemorative Coin Program, the Dr. Martin Luther King and Coretta Scott King Congressional Gold Medal, and other business. Interested persons should call 202-354-7502 for the latest update on meeting time and room location. The CCAC was established to: Advise the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, Congressional Gold Medals, and national and other medals. Advise the Secretary of the Treasury with regard to the events, persons, or places to be commemorated by the issuance of commemorative coins in each of the five calendar years succeeding the year in which a commemorative coin designation is made. Make recommendations with respect to the mintage level for any commemorative coin recommended.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for an approved new animal drug application (NADA) from Alpharma Inc., to Pharmaq AS. The drug labeler code for Pharmaq AS is also being listed.

The Coast Guard is establishing special local regulations in the navigable waters of Lake Tahoe for the loading, transport, and launching of fireworks used during a fireworks display to be held in celebration of Labor Day on September 4, 2005. These special local regulations are intended to prohibit vessels and people from entering into or remaining within the regulated area and to ensure the safety of participants and spectators.