November 2005 – Federal Register Recent Federal Regulation Documents

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 Defense Base Closure and Realignment (BRAC) Commissions were established by Public Law 101-510, the Defense Base Closure and Realignment Act of 1990 (BRAC Law), to recommend military installations for realignment and closure. The 2005 Commission's recommendations were included in a report which was presented to the President on September 8, 2005. The President approved and forwarded this report to Congress on September 16, 2005. Since a joint resolution to disapprove these recommendations did not occur within the statutorily provided time period, these recommendations have become law and must be implemented in accordance with the requirements of the BRAC Law. The BRAC Law exempts the decision-making process of the Commission from the provisions of the National Environmental Policy Act of 1969 (NEPA). The Law also relieves the Department of Defense from the NEPA requirement to consider the need for closing, realigning, or transferring functions and from looking at alternative installations to close or realign. Nonetheless, the Department of the Army must still prepare environmental impact analyses during the process of property disposal, and during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. These analyses will include consideration of the direct and indirect environmental and socioeconomic effects of these actions and the cumulative impacts of other reasonably foreseeable actions affecting the installations. The Department of the Army intends to prepare individual Environmental Impact Statements (EIS) pursuant to section 102(2)(C) of NEPA, regulations of the Council on Environmental Quality (40 CFR 1500- 1508), and the Army NEPA regulation (32 CFR 651 et seq.) for each of the actions listed below. Opportunities for public participation will be announced in the respective local newspapers. The public will be invited to participate in scoping activities for each EIS and comments from the public will be considered before any action is taken to implement these actions. Environmental Impact Statements are planned for each of the following realignment actions: a. Fort Meade, Maryland. The BRAC realignment action will co-locate and consolidate Department of Defense information and information technology missions at Fort Meade. (1) EIS alternatives could include evaluating siting locations for structures and related projects within Fort Meade that involve new building construction only or new building construction combined with renovation of existing facilities. The alternatives would evaluate areas to provide for construction of, but not be limited to, six to eight 4-story administration buidlings, a full day care child development center, a standard-design Whole Barracks Complex, and a physical fitness center. (2) The proposed BRAC action may have significant environmental impacts due to the infrastructure and facilities construction that will be required to accommodate an estimated increase of over 5,500 personnel. Significant issues to be analyzed in the EIS may include potential impacts to air quality from increased vehicle emissions, installation and regional traffic increases, land use changes, natural resources, water use, solid waste, cultural resources, and cumulative impacts from increased burdens to the facility based on projected growth. b. Aberdeen Proving Ground (APG), Maryland. APG will be receiving numerous Army, Navy and Air Force activities to transform it into a full spectrum research, development, acquisition center for Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) Defense Chemical and Biological Systems. The Army Test and Evaluation Command Headquarters and Civilian Personnel Offices will also be consolidated at APG. (1) Alternatives to be examined in the EIS could include alternative distribution of new activities between APG and the Edgewood Area for military field training exercises; alternative siting schemes for placement of buildings and related infrastructure to accommodate an increase of about 15,000 Army personnel within the APG and Edgewood Area. These may include siting schemes for new building construction only, or new building construction combined with renovation of existing facilities. (2) The proposed BRAC action may have significant environmental impacts due to the large amount of infrastructure and facilities construction that will be required to accommodate an increase of personnel and military training operations. Significant issues to be analyzed in the EIS will include on-post and local air quality conditions, on-post and regional traffic conditions, housing, socioeconomics, noise due to increased vehicle use, threatened and endangered species to include bald eagle habitat, historic buildings and archeological resources, wetlands, biological resources, land use, and community facilities and services. c. Fort Belvoir, Virginia. Fort Belvoir will be receiving numerous Department of Defense activities from leased space within the National Capital Region (NCR); National Geospatial Intelligence Agency units from various NCR leased locations and Bethesda, Maryland; primary and secondary medical care functions from Walter Reed Medical Center to a new, expanded DeWitt Army Hospital; and inventory control point functions for consumable items to the Defense Logistics Agency from the Naval Support Activist, Mechanisburg and Wright-Patterson Air Force Base, Ohio. (1) EIS alternatives may consist of moving all activities to the Fort Belvoir Main Post, moving all activities to the Engineer Proving Ground (EPG), or moving a portion of the activities to the Main Point and a portion to the EPG. Other alternatives could include alternative land locations for specific projects within Fort Belvoir, within the EPG, or a combination of both; new construction only; new construction combined with renovation of existing facilities; alternative facility siting schemes, or other modifications of specific projects. (2) The proposed BRAC action may have significant environmental impacts due to the large amount of infrastructure and facilities construction that will be required to accommodate an estimated increase of over 18,000 personnel. Significant issues to be analyzed in the EIS will include potential impacts to air quality condition in the Northern Virginia region, transportation systems in the Northern Virginia region, traffic conditions with Fort Belvoir, threatened and endangered species, historic buildings and archeological resources, wetlands, biological resources, land use, and community facilities and services. d. Fort Lee, Virginia. Fort Lee will receive the Transportation Center and School from Fort Eustis, Virginia, and the Ordnance Center and School from Aberdeen Proving Ground, Maryland. These functions will be consolidated with the Quartermaster Center and School, the Army Logistics Management College, and Combined Arms Support Command to establish a Combat Service Support Center at Fort Lee. (1) Alternatives to be examined in the EIS may include the usage of only Fort Lee for field training exercises, the usage of other military installations (Fort A.P. Hill) for field training exercises, or a combination of both; alternative land locations for specific projects with Fort Lee and Fort A.P. Hill; new construction only; new construction combined with renovation of existing facilities; alternative facility siting schemes, or other modifications of specific projects. (2) The proposed BRAC action may have significant environmental impacts due to the large amount of infrastructure and facilities construction that will be required to accommodate an estimated increase of over 7,000 personnel. Significant issues to be analyzed in the EIS will include air quality conditions, traffic conditions, noise due to increased training activities, threatened and endangered species, historic buildings and archeological resources, wetlands, biological resources, land use, and community facilities and services. e. Fort Benning, Georgia. Fort Benning will receive the Armor Center and School from Fort Knox, Kentucky; 81st Regional Readiness Center from Fort Gillem, Georgia; and the U.S. Army Reserve Center from Columbus, Georgia. (1) Alternatives to be examined by the EIS may consist of alternative siting locations with Fort Benning for facility construction projects, new construction only, renovation and use of existing facilities, or a combination of both new construction and use of existing facilities, and usage of alternatives land locations within Fort Benning for training activities. (2) As a result of new construction and training activities associated with moving nearly 10,000 personnel to Fort Benning, the BRAC action has the potential to cause significant environmental impacts to threatened and endangered species such as the red-cockaded woodpecker, archeological sites, wetlands, soil erosion, and increased noise impacts to the surrounding public. f. Fort Sam Houston, Texas. Navy and Air Force medical training activities from various locations within the U.S. and the 59th Medical Wing from Lackland Air Force Base, Texas, will move to Fort Sam Houston to form a Department of Defense medical training center. The Army Installation Management Agency (IMA) Headquarters from Virginia, the Northwest IMA Regional office from Illinois, and the Army Environmental Center from Maryland will also move to Fort Sam Houston. (1) Alternatives to be examined in the EIS could consist of alternative locations within Fort Sam Houston for siting facility construction, new construction only, renovation and use of existing facilities (to include historic buildings), or a combination of both new construction and use of existing facilities, and usage of alternative locations within Camp Bullis, a sub-post of Fort Sam Houston, for training activities. (2) As a result of moving approximately 9,000 new personnel to Fort Sam Houston and associated new construction, renovation and training activities, implementing the proposed BRAC action could have potential significant impacts to traffic on and off post, air quality and historic properties, to include contributing elements of the Fort Sam Houston National Historic Landmark District. g. Fort Carson, Colorado. Fort Carson will receive a Heavy Brigade Combat team and a Unit of Employment Headquarters from Fort Hood, Texas, and the inpatient care services from the U.S. Air Force Academy, Colorado. Another Infantry Brigade Combat Team from overseas could also be transferred to Fort Carson as a result of the BRAC recommendation. (1) Alternatives that may be considered in the Fort Carson EIS could include phasing movement of units to the fort, alternative siting locations within the post of placement of new facilities, construction of only new facilities, utilization and renovation of existing facilities, a combination of new construction and utilization of existing facilities, and utilization of alternative locations within Fort Carson for training activities. (2) Fort Carson will gain approximately 10,000 Army personnel as a result of the BRAC action. Construction of new facilities, renovation of existing infrastructure and additional training activities could have significant environmental impacts on Fort Carson and its environs. Impacts could concur to local air and water quality, archaeological resources, noise and traffic. h. Pinion Canyon Maneuver Site, Colorado. Pinion Canyon Maneuver Site (PCMS) is a subpost of Fort Carson and a primary training area for units stationed at Fort Carson and other Army posts. The new combat units stationed at Fort Carson will increase the training tempo at the PCMS. (1) The EIS to be prepared for the PCMS will examine a number of implementation alternatives that could include alternative placement of new construction projects, alternative locations within the PCMS for training activities, and alternative timing for units to conduct training activities at the PCMS. (2) The Fort Carson BRAC action has the potential to significantly impact natural resources at the PCMS since the approximately 10,000 new personnel to be stationed there will now be training at the PCMS on a regular basis. New construction and increased training activities at the PCMS could have an impact on archaeological resources, natural resources, air and water quality, and soil erosion.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.

On November 15, 2005, the USDA, Forest Service, Okanogan- Wentachee National Forests, published a Notice of Intent in the Federal Register (70 FR 69308) to prepare an environmental impact statement (EIS) for the Natapoc Ridge Forest Restoration Project. The Notice of Intent is being revised to change the expected filing and review date of the draft environmental impact statement (EIS) to April 2006 and the final EIS to July 2006. The original Notice of Intent identified these dates incorrectly as April 2005 and July 2005.

This amendment adopts a new airworthiness directive (AD) for Boeing Vertol (Boeing) Model 107-II helicopters. This action requires a visual and magnetic particle inspection of the quill shaft. This amendment is prompted by the discovery of cracks in a quill shaft during a routine inspection. The actions specified in this AD are intended to detect a fatigue crack in a quill shaft and prevent separation of the quill shaft between the aft transmission and the mix box assembly, loss of rotor synchronization, and subsequent loss of control of the helicopter.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 series airplanes, and Model A320-111 airplanes. This AD requires an inspection to determine whether certain braking and steering control units (BSCUs) are installed or have ever been installed. For airplanes on which certain BSCUs are installed or have ever been installed, this AD requires an inspection of the nose landing gear (NLG) upper support and corrective action if necessary, and a check of the NLG strut inflation pressure and an adjustment if necessary. For some of these airplanes, this AD also requires a revision to the aircraft flight manual to incorporate an operating procedure to recover normal steering in the event of a steering failure. This AD results from a report of an incident where an airplane landed with the NLG turned 90 degrees from centerline. We are issuing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.

The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment pursuant to the National Environmental Policy Act of 1969 and its implementing regulations. The National wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. The purpose of this notice is to achieve the following. (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Miami-Dade County, Florida.

The Commodity Futures Trading Commission (``Commission'') is reopening the comment period for interested parties to comment on proposed amendments to Parts 1, 145 and 147 of the Commission's regulations.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Visiting Committee on Advanced Technology (VCAT), National Institute of Standards and Technology (NIST), will meet Tuesday, December 13, 2005, from 8:30 a.m. to 3:50 p.m. and Wednesday, December 14, 2005 from 10:30 a.m. to 12:30 p.m. The Visiting Committee on Advanced Technology is composed of fifteen members appointed by the Director of NIST who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. The purpose of this meeting is to review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include an update on NIST's activities, a presentation on NIST's Strategic Planning and Priority-Setting Process, an Overview of the Strategic Planning Process in selected laboratories, a report on a Vision for the NIST U.S. Measurement System Project, a VCAT Panel on Best Practices for Strategic Planning, and three laboratory tours. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site.

The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed continuing information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning the use of a census form to collect data for the development of a national fire department database.

The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed revised information collections. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning the use of the Emergency Management Institute Resident Course Evaluation Form which is used to identify problems with course materials, evaluate the quality of course delivery, facilities and instructors.

The Department of the Air Force is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, in order to eliminate an ambiguity that now exists regarding the use of such records.

The Defense Logistics Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Small Business Reauthorization and Manufacturing Assistance Act of 2004 requires the U.S. Small Business Administration (SBA or Agency) to promulgate regulations to carry out the Agency's statutory authority to provide assistance for the benefit of small business through activities sponsored with outside entities (for-profit and not-for-profit entities and Federal, state and local government officials or entities) as well as activities solely sponsored by SBA. This final rule implements that authority and sets forth minimum requirements for these activities as well as the Agency's solicitation and acceptance of gifts.

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless the information collection displays a currently valid OMB control number. The OCC is soliciting comment concerning its proposed information collection titled, ``Customer Complaint Form.'' The OCC also gives notice that it has sent the information collection to OMB for review and approval.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) announces the designation of Grain Inspection, Inc. (Jamestown), Mid-Iowa Grain Inspection, Inc. (Mid-Iowa), North Dakota Grain Inspection Service, Inc. (North Dakota), Northern Plains Grain Inspection Service, Inc. (Northern Plains), D. R. Schaal Agency, Inc. (Schaal), Sioux City Inspection and Weighing Service Company (Sioux City), all officially designated agencies, and a company proposing to do business as State Grain Inspection, Inc. (State Grain), a subsidiary of National Quality Inspection, Inc., to provide official services under the United States Grain Standards Act, as amended (Act).

The Institute of Museum and Library Services (Institute) in publishing a proposed rule setting forth regulations under the Privacy Act of 1974 and conforming to the President's memorandum of June 1, 1998Plain Language in Government Writing. These regulations establish procedures by which an individual may determine whether a system of records maintained by the Institute contains a record pertaining to him or her; gain access to such records; and request correction or amendment of such records. These regulations also establish exemptions from certain Privacy Act requirements for all or part of certain systems or records maintained by the Institute.

This NPRM proposes new rules that will require operators and manufacturers of transport-category airplanes to take steps that, in combination with other required actions, should greatly reduce the chances of a catastrophic fuel-tank explosion. The proposal follows seven years of intensive research by the FAA in collaboration with industry into promising technologies designed to make fuel tanks effectively inert, thus preventing electrical and other systems from igniting flammable vapors in the fuel tank ullage (vapor space). The result of that research is that fuel tank inerting, originally thought to be prohibitively expensive, can now be accomplished in a reasonably cost-effective fashion and protect the public from future calamities which, we have concluded, are otherwise virtually certain to occur. The new rules, if adopted, would not actually direct the adoption of specific inerting technology either by manufacturers or operators but would establish a performance-based set of requirements that do not specifically direct the use of fuel-inerting but rather set acceptable levels of flammability exposure in tanks most prone to explosion or require the installation of an ignition mitigation means in an affected fuel tank. Technology now provides a variety of commercially feasible methods to accomplish these vital safety objectives.

This notice announces receipt of an application to register a pesticide product containing a new active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.