December 13, 2005 – Federal Register Recent Federal Regulation Documents

The Forest Service is proposing to amend its directives in Forest Service Handbook 1909.15, Chapter 30, which describes categorical exclusions, that is, categories of actions that will not result in significant impacts on the environment and, therefore, normally do not require further analysis in either an environmental impact assessment or an environmental impact statement. The proposed amendment would add a new categorical exclusion in section 31.2 to facilitate the implementation of limited oil and gas projects on leases on National Forest System lands that do not have significant effects on the human environment. This categorical exclusion will not apply where there are extraordinary circumstances, such as adverse effects on threatened and endangered species or their designated critical habitat, wilderness areas, inventoried roadless areas, wetlands, and archeological or historic sites. Public comment is invited and will be considered in development of the final directive.

In accordance with section 369(d)(1) of the Energy Policy Act of 2005, the Bureau of Land Management (BLM) intends to prepare a Programmatic EIS for Oil Shale and Tar Sands Resources Leasing on Lands Administered by the BLM in Colorado, Utah, and Wyoming, and by this notice is announcing public scoping meetings. The Programmatic EIS will amend existing applicable Resource Management Plans to open lands for oil shale and tar sands resources leasing in these three states. The Programmatic EIS will also inform the development of the regulations required by section 369(d)(2) of the Energy Policy Act of 2005.

The Environmental Protection Agency (EPA) is amending certain provisions of the regulations establishing effluent limitations guidelines, pretreatment standards and new source performance standards for the Iron and Steel Manufacturing Point Source Category. In 2002, EPA also promulgated amendments to these regulations. The earlier regulations authorized for direct discharges of pollutants the establishment of limitations applicable to the total mass of a pollutant discharged from more than one outfalla ``water bubble.'' The effect of such a water bubble was to allow a greater or lesser quantity of a particular pollutant to be discharged from any single outfall so long as the total quantity discharged from the combined outfalls did not exceed the allowed mass limitation. Among the changes adopted in the 2002 amendments was a provision that prohibited establishment of a water bubble for oil and grease effluent limitations. Based on consideration of new information and analysis, EPA is reinstating the provision authorizing alternative oil and grease limitations with certain restrictions. Today's final rule also corrects errors in the effective date of new source performance standards for direct and indirect discharges of pollutants.

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources. These regulations apply to certain NESHAPs promulgated by EPA, as amended through September 1, 2004. The delegation of authority under this notice applies only to sources located in Oklahoma, and does not extend to sources located in Indian country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the National Park Service's (NPS) intention to request an extension for a currently approved information collection in support of its Concession Management Program.

The Food and Drug Administration (FDA) is requesting interested persons to submit comments concerning abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use of nine drug substances. These comments will be considered in preparing a response from the United States to the World Health Organization (WHO) regarding the abuse liability and diversion of these drugs. WHO will use this information to consider whether to recommend that certain international restrictions be placed on these drugs. This notice requesting comments is required by the Controlled Substances Act (CSA).

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. The existing AD requires one- time inspections of the inner webs and flanges at frames 15, 18, 41, and 43 for evidence of corrosion or cracking; and corrective actions if necessary. This proposed AD would instead require new repetitive inspections and expand the area to be inspected. This proposed AD would also expand the applicability and provide an optional action that would extend the repetitive inspection interval. This proposed AD results from a report indicating that in some cases the inspections required by the existing AD revealed no damage, yet frame corrosion and cracking were later found during scheduled maintenance in the two forward fuselage frames 15 and 18. We are proposing this AD to prevent reduced structural integrity of the airplane.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Aerospatiale Model ATR42-200, - 300, and -320 airplanes. The original NPRM would have required doing repetitive inspections of the upper arms of the main landing gear (MLG) side braces for missing or inadequately bonded identification plates; replacing the upper arm if necessary; and replacing the side brace assembly with a modified part. The original NPRM resulted from an operator who reported experiencing an unlock warning for the MLG on the right side of the airplane. This action revises the original NPRM by proposing to require doing an ultrasonic inspection of the upper arm of the MLG side brace for any defects and related investigative/corrective actions if necessary, instead of replacing the upper arm if necessary. This action also adds airplanes to the applicability. We are proposing this supplemental NPRM to prevent cracking of the upper arms of the side braces of the MLG, which could result in failure of the MLG during landing and possible damage to the airplane and injury to the flightcrew and passengers.

The Presidio Trust published a proposed rule in the Federal Register on August 4, 2005 (70 FR 44870-44878) concerning debt collection in connection with the area under the administrative jurisdiction of the Presidio Trust. The public comment period on the proposed rule closed on September 19, 2005. No comment was received by the Presidio Trust. This final rule adopts debt collection regulations to conform to the Debt Collection Improvement Act of 1996, the Federal Claims Collection Standards, and other laws applicable to the collection of nontax debts owed to the Presidio Trust.

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Assistant Secretary for Special Education and Rehabilitative Services proposes certain funding priorities and a selection criterion for the Disability and Rehabilitation Research Projects and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for Spinal Cord Injury Model Systems Centers (SCIMS centers) and a priority and selection criterion for Disability and Rehabilitation Research Projects (DRRPs). The Assistant Secretary may use these priorities and selection criterion for competitions in fiscal year (FY) 2006 and later years. We take this action to focus research attention on areas of national need. We intend these priorities and selection criterion to improve rehabilitation services and outcomes for individuals with disabilities.

These special conditions are issued for Sabreliner Model NA- 265-60 airplanes modified by Flight Research, Inc. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of altimeter/air data display units manufactured by Innovative Solutions and Support, Inc. These display units perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending regulations under the United States Grain Standards Act (USGSA) to waive the mandatory inspection and weighing requirements of the USGSA for high quality specialty grains exported in containers. GIPSA is establishing this waiver to facilitate the marketing of high quality specialty grains exported in containers. This action is consistent with the objectives of the USGSA and will promote the continuing development of the high quality specialty export market. This waiver will be in effect for a maximum of 5 years, and if after this time period GIPSA determines that this waiver continues to advance the objectives of the USGSA, GIPSA will consider making this waiver permanent.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Arriel 2B and 2B1 turboshaft engines without modification TU22 incorporated. This AD requires initial and repetitive visual checks of the free turbine shield for cracks. This AD results from reports of several free turbine shields found with large circumferential cracks. We are issuing this AD to prevent failure of the free turbine shield, leading to engine misalignment, in-flight engine shutdown, emergency autorotation landing, or accident.

The FAA is adopting a new airworthiness directive (AD) for certain Dassault Model Falcon 2000 airplanes equipped with CFE Company CFE738- 1-1B turbofan engines. This AD requires determining the serial number of the engines installed on the airplane, inspecting any affected engine to verify that a spherical bearing is installed on the attachment fitting of the engine mount, and corrective action if necessary. This AD results from a report of a missing spherical bearing on the attachment fitting of the front engine mount on an in-service airplane, and subsequent damage and abnormal fatigue of the attachment fitting. We are issuing this AD to prevent reduced structural integrity of the engine mount, which could result in possible separation of an engine from the airplane.

The Department of the Treasury is issuing a revised interim rule implementing the Community Development Financial Institutions Program (CDFI Program) administered by the Community Development Financial Institutions Fund (Fund). The mission of the CDFI Fund is to increase the capacity of financial institutions to provide capital, credit and financial services in underserved markets. Its long-term vision is an America in which all people have access to affordable credit, capital and financial services. The purpose of the CDFI Program is to promote economic revitalization and community development through investment in and assistance to Community Development Financial Institutions (CDFIs). Under the CDFI Program, the Fund provides financial assistance in the form of grants, loans, equity investments and deposits to CDFIs selected through a merit-based application process. The Fund provides financial assistance to CDFIs to enhance their ability to make loans and investments, and to provide related services for the benefit of designated investment areas, targeted populations, or both. In addition, through the CDFI Program, the Fund provides technical assistance grants to CDFIs and entities that propose to become CDFIs, for the purpose of increasing their capacity to serve their target markets. This revised interim rule includes one revision that the Fund believes will inure to the benefit of CDFIs, CDFI Program applicants, and CDFI Program awardees. This revised interim rule includes a revised Sec. 1805.504, Retained Earnings, which clarifies the use of retained earnings as matching funds for a financial assistance award.

On September 9, 2004, the Community Development Financial Institutions Fund (the ``Fund'') announced in a NOFA for the BEA Program (69 FR 54718) that BEA Program applicants that are also Community Development Financial Institutions (``CDFIs'') cannot receive credit under the BEA Program for financial assistance or Qualified Activities provided to CDFI Partners that are also FDIC-insured depository institutions or depository institution holding companies. Due to the recent occurrence of certain natural disasters, the Fund will waive this provision with regard to the FY 2006 funding round of the BEA Program for applicants providing financial assistance or Qualified Activities to CDFI Partners that are also FDIC-insured depository institutions or depository institution holding companies which have been directly affected by said disasters. For the FY 2006 funding round, CDFIs may receive BEA Program credit for financial assistance or Qualified Activities provided to CDFI Partners that are FDIC-insured depository institutions or depository institution holding companies whose principal place of business is located in a county for which the Federal Emergency Management Agency (FEMA) has issued a ``major disaster declaration'' due to Hurricane Katrina on or after August 28, 2005 or due to Hurricane Rita on or after September 24, 2005 and made a determination that such county is eligible for both ``individual and public assistance.'' A list of the eligible counties may be found on the FEMA Web site (https:// www.fema.gov). Change of Application Deadlines: The NOFA published on September 9, 2004 for the BEA Program (69 FR 54718) also announced that the deadline for applications for the FY 2006 funding round is February 14, 2006. This notice is to announce that the deadline for the submission of applications via Grants.gov for the FY 2006 funding round of the BEA Program has been changed to 5 p.m. EST on March 1, 2006. Paper attachments to the application must be received no later than 5 p.m. EST on March 6, 2006. Increase of Award Amount: The NOFA published on September 9, 2004 for the BEA Program (69 FY 54718) also announced that the Fund expects that it may award approximately $6 million in appropriated funds for FY 2006 BEA Program awards. This notice is to announce that the Fund now expects that it may award approximately $12 million for FY 2006 BEA Program awards. The Fund reserves the right to make awards in an amount less than or in excess of this amount subject to funding availability. Modification of Application and Submission Information: The NOFA published on September 9, 2004 for the BEA Program (69 FY 54718) provided information regarding submission of applications in response to the NOFA. This notice is to announce that for the FY 2006 funding round, in compliance with Public Law 106-107 and Section 5(a) of the Federal Financial Assistance Management Improvement Act, the Fund is required to accept applications submitted through the Grants.gov electronic system. The Fund will post to its Web site at https://www.cdfifund.gov instructions for accessing and submitting an application through Grants.gov. The application instructions will be posted as soon as they are available and once the application materials are accessible through Grants.gov. The anticipated release date for the application instructions is January 6, 2006. Applicants are encouraged to start the registration process now at www.Grants.gov as the process may take several weeks to fully complete. See the following link for information on getting started on Grants.gov: https://grants.gov/assets/ GrantsgovCoBrandBrochure8X11.pdf. All other information and requirements set forth in the September 9, 2004 NOFA for the BEA Program shall remain effective, as published.

We, the Fish and Wildlife Service (Service), are designating critical habitat for the federally threatened Brodiaea filifolia (thread-leaved brodiaea) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 597 acres (ac) (242 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Los Angeles and San Diego counties, California. Lands in Orange, Riverside, and San Diego counties that are covered by approved and draft habitat conservation plans are excluded under section 4(b)(2). Lands owned or controlled by the Department of Defense that are covered by an Integrated Natural Resource Management Plan (INRMP) that provides a benefit to the species are exempt from critical habitat under section 4(a)(3) of the Act. As a result of revisions based on peer and public comments and a re- evaluation of methodology and mapping, approximately 4,093 ac (1,656 ha) in Los Angeles, San Bernardino, Orange, and San Diego counties proposed as critical habitat were removed or excluded from this final designation. Lands designated as critical habitat are under Federal and private ownership. No Tribal lands are included in this critical habitat designation.