September 2005 – Federal Register Recent Federal Regulation Documents

This notice sets forth the schedule and proposed agenda of an upcoming open meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of their opportunity to attend. This notice also describes the functions of the Council. Notice of the Council meetings is required under Section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter.

NMFS announces a regulatory modification in the recreational fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea). Effective Tuesday, August 30, 2005, the Neah Bay Subarea was modified to be open seven days per week. All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

NMFS is rescinding the prohibition on retention of yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2005 total allowable catch of yellowfin sole in the BSAI and to allow vessels to retain yellowfin sole and reduce discards.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``The Terracotta Warriors of Emperor Qin Shihuang,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The John F. Kennedy Center for the Performing Arts, Washington, DC, from on or about October 1, 2005 to on or about October 31, 2005, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. For Further Information Contact: For further information, including a list of the exhibit objects, contact Wolodymyr R. Sulzynsky, the Office of the Legal Adviser, Department of State, (telephone: 202/453- 8050). The address is Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

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.