September 21, 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to sections 14(b)(1)and 9(c) of the Federal Advisory Committee Act (Public Law 92-463), and after consultation with the Committee Management Secretariat, General Services Administration, the Administrator of the National Aeronautics and Space Administration (NASA) has determined that a renewal and amendment of the Charter for the Agency-established NASA Advisory Council is necessary and in the public interest in connection with the performance of duties imposed upon NASA by law. In connection with this renewal, a number of amendments have been made to the Charter as part of the overall restructuring of the NASA Advisory Council. The purpose of the NASA Advisory Council is to provide advice and make recommendations to the NASA Administrator on Agency programs, policies, plans, financial controls and other matters pertinent to the Agency's responsibilities.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104- 13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Environmental Protection Agency, (EPA) Region 5 is issuing a notice of intent to partially delete the East Tailing Area of the Tar Lake Superfund Site (Site) located in Antrim County, Michigan, from the National Priorities List (NPL) and requests public comments on this notice of intent to partially delete. The East Tailing Area, as defined in the Remedial Investigation Report dated August 7, 2000, includes all soil, subsurface soil and groundwater associated with that part of the Tar Lake Superfund Site. 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 Michigan, through the Michigan Department of Environmental Quality, have determined that all appropriate response actions under CERCLA have been completed. However, this partial 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 partial deletion of the East Tailing Area of the Tar Lake Superfund Site without prior notice of intent to partially delete because we view this as a non- controversial revision and anticipate no adverse comment. We have explained our reasons for this partial deletion in the preamble to the direct final notice of partial deletion. If we receive no adverse comment(s) on the direct final notice of partial deletion, we will not take further action. If we receive timely adverse comment(s), we will withdraw the direct final notice of partial deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final partial deletion notice based on adverse comments received on this notice of intent to partially delete. We will not institute a second comment period on this notice of intent to partially delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of partial deletion which is located in the Rules section of this Federal Register.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on 09/30/2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of information collection and its estimated burden and cost.

EPA is revoking 34 exemptions from the requirement of a tolerance that are associated with 31 inert ingredients because these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations. These ingredients are subject to reassessment by August 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The 34 tolerance exemptions are considered ``reassessed'' for purposes of FFDCA's section 408(q).

EPA is revoking specific existing tolerances for the insecticide lindane because, following receipt of registrant requests, the Agency canceled their associated Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrations in the United States.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following sixteen existing, approved, continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB) for the purpose of renewing the ICRs. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collections as described under SUPPLEMENTARY INFORMATION.

The National Park Service (NPS) announces the availability of the Draft South Denali Implementation Plan and Environmental Impact Statement (EIS) for Denali National Park and Preserve. The document describes and analyzes the environmental impacts of a preferred alternative and one action alternative for expanding visitor facilities and access opportunities in the south Denali region. A no action alternative also is evaluated. This notice announces the 60-day public comment period and solicits comments on the draft plan and EIS.

The U.S. Department of Energy (DOE) announces its decision to implement the preferred alternatives identified in the Remediation of the Moab Uranium Mill Tailings, Grand and San Juan Counties, Utah, Final Environmental Impact Statement (DOE/EIS-0355) (Final EIS). By implementing the preferred alternatives, DOE will remove the uranium mill tailings and other contaminated material from the Moab milling site and nearby off-site properties (vicinity properties) and relocate them at the Crescent Junction site, using predominantly rail transportation. DOE will also implement active ground water remediation at the Moab milling site. In reaching this decision, DOE considered the potential environmental impacts, costs, and other implications of both on-site and off-site disposal. For off-site disposal, DOE considered three alternative sites in Utah (Crescent Junction, Klondike Flats, and the White Mesa Mill) and three transportation modes (truck, rail, and slurry pipeline). DOE identified off-site disposal as its preferred alternative for the disposal of mill tailings, primarily because of the uncertainties related to long-term performance of a capped pile at the Moab site. Issues, such as the potential for river migration and severe flooding contribute to this uncertainty. The Crescent Junction site was identified as the preferred off-site disposal location, rather than Klondike Flats or White Mesa Mill, because Crescent Junction has the longest isolation period (time it would take for contaminants to reach the ground water); the lowest land-use conflict potential; access to existing rail lines without crossing U.S. Highway 191; the shortest haul distance from the rail rotary dump into the disposal cell, reducing the size of the radiological control area; and flat terrain, making operations easier and safer. DOE identified rail as the preferred mode of transportation, because compared to truck transportation, rail has a lower accident rate, lower potential impacts to wildlife, and lower fuel consumption. In addition, compared to a slurry pipeline, rail transportation would have a much lower water demand and would avoid landscape scars caused by pipeline construction, which could create moderate contrasts in form, line, color, and texture with the surrounding landscape. This Record of Decision (ROD) has been prepared in accordance with the regulations of the Council on Environmental Quality (Title 40 Code of Federal Regulations (CFR) Parts 1500-1508) for implementing the National Environmental Policy Act (NEPA) and DOE's NEPA Implementing Procedures (10 CFR Part 1021). The Final EIS also includes a Floodplain and Wetlands Assessment and a Floodplain Statement of Findings in compliance with DOE's Floodplain and Wetland Environmental Review requirements (10 CFR Part 1022).

The Federal Aviation Administration (FAA) is issuing this notice to advise the public that the FAA has prepared and approved on September 8, 2005, a Finding of No Significant Impact/Record of Decision (FONSI/ROD) based on the Final Environmental Assessment (Final EA) for the following proposed action at the St. Louis Downtown Airport: the construction of a new Air Traffic Control Tower, associated support building, parking lot, and access road. The FAA prepared the Final EA in accordance with the National Environmental Policy Act of 1969 and the FAA's regulations and guidelines for environmental documents. The Final EA was reviewed and evaluated by the FAA and was accepted on September 6, 2005 as a Federal document by the FAA's Responsible Federal Official.

The FAA is issuing this notice to advise the public of a meeting of the RTCA Government/Industry Air Traffic Management Advisory Committee.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 206: Aeronautical Information Services Data Link.

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.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on certain information collections pertaining to hazardous materials transportation for which PHMSA intends to request renewal from the Office of Management and Budget (OMB).

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 757 airplanes. This proposed AD would require repetitive measurements of the freeplay of each of the three power control units (PCUs) that move the rudder; repetitive lubrication of rudder components; and corrective actions if necessary. This proposed AD results from a report of freeplay-induced vibration of the rudder. We are proposing this AD to prevent excessive vibration of the airframe during flight, which could result in divergent flutter and loss of control of the airplane.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain EMBRAER Model EMB-135 and -145 series airplanes. The proposed AD would have required performing repetitive inspections for cracks, ruptures, or bends in certain components of the elevator control system; replacing discrepant components; and, for certain airplanes, installing a new spring cartridge and implementing new logic for the electromechanical gust lock system. The proposed AD also would have required eventual modification of the elevator gust lock system to replace the mechanical system with an electromechanical system, which would terminate the repetitive inspections. This new action revises the proposed rule by requiring installing a new spring cartridge and implementing new logic for the electromechanical gust lock system on additional airplanes. The actions specified by this new proposed AD are intended to prevent discrepancies in the elevator control system, which could result in reduced control of the elevator and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

The invention named in this notice is owned by agencies of the United States Government and is available for licensing in the United States (U.S.) in accordance with 35 U.S.C. 207, and is available for cooperative research and development agreements (CRADAs) in accordance with 15 U.S.C. 3710a, to achieve expeditious commercialization of results of federally funded research and development. A U.S. non- provisional patent application and a PCT application have been filed. National stage foreign patent applications claiming priority to the PCT application are expected to be filed within the appropriate deadlines to extend market coverage for U.S. companies and may also be available for licensing.

The U.S. Fish and Wildlife Service (Service) announces the availability of the approved Barton Springs Salamander Recovery Plan (Recovery Plan). The Barton Springs salamander (Eurycea sosorum) is known to occur near four spring outlets that collectively make up Barton Springs in Austin, Texas. Habitat loss and modification from water quality and water quantity degradation are the primary threats facing the species. The Recovery Plan outlines the necessary criteria, objectives, and tasks to reduce these threats and accomplish the goal of delisting the Barton Springs salamander.