December 28, 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the National Park Service, Department of the Interior, has prepared a Final Environmental Impact Statement (FEIS) identifying and evaluating four alternatives for a Fire Management Plan for the Santa Monica Mountains National Recreation Area (SMMNRA). Potential impacts, and appropriate mitigations, are assessed for each alternative. When approved, the plan will guide all future fire management actions in the SMMNRA for the next five years. The FEIS documents the analysis of three action alternatives and a ``no action'' alternative. An updated fire management program is needed to meet public safety, natural and cultural resource management, and wildland/urban interface protection objectives in the federally managed property of the SMMNRA. The ``action'' alternatives concentrate on wildland/urban interface community protection work and ecosystem protection, and vary in their mix of treatments available for completing work. The ``no action'' alternative describes the existing fire management program, which the park has not been able to effectively implement to protect neighboring lives and property. As a result, the risk of catastrophic fire has increased in recent decades. Proposal and Alternatives Considered: Alternative 2 (determined to be the ``environmentally preferred'' alternative) is proposed for implementation as the new Fire Management Plan (FMP). Termed the Mechanical Fuel Reduction/Ecological Prescribed Fire/Strategic Fuels Treatment alternative, it provides the maximum potential environmental benefits and minimizes the adverse impacts of fire management actions. Alternative 2 is the most flexible alternative, utilizing all available fire management strategies identified to be appropriate in the Santa Monica Mountains. Although strategic fuels reduction has the potential for both impacts and benefits in most of the impact areas analyzed, individual strategic fuels reduction projects would be evaluated for their potential risk: benefit ratio. Work would be accomplished with a combination of NPS and other agency fire crews and by contract. Alternative 1 (No Action Alternative) would continue the current NPS fire and vegetation management program to create a landscape mosaic of varying aged chaparral stands through the application of prescribed fire in separate watersheds, minimizing brush clearance. It should be noted that large scale burning has not been feasible to implement in accordance with the goals of the previous Fire Management Plan because of regulatory constraints on prescribed fire, especially those relating to air quality standards. Alternative 3 (Mechanical Fuel Reduction/ Ecological Prescribed Fire) relies exclusively on prescribed burning to provide resource enhancement including control of exotic species and restoration of natural communities. Mosaic burning is eliminated. Fuel reduction is concentrated at the wildland urban interface to protect existing development and emphasizes mechanical or biomechanical fuel modification. This alternative provides effective protection of homes by focusing mechanical fuel reduction at the interface between homes and wildland vegetation, and provides ecological benefits from resource prescribed burning. Alternative 4 (Only Mechanical Fuel Reduction) relies exclusively on mechanical or biomechanical fuel modification at the wildland urban interface. Prescribed fire is eliminated. This alternative provides effective protection of homes by focusing mechanical fuel reduction at the interface between homes and wildland vegetation. Alternatives Considered but Rejected: Three additional alternatives were considered but rejected from further deliberation because the interdisciplinary team determined that they were not feasible for one or more specific reasons. Alternative 5 (Suppression Only/No Vegetation Manipulation) was found to be inconsistent with NPS policies and guidelines as well as with the objectives of the SMMNRA fire management program, and inadequate to protect public safety. Alternative 6 (Mechanical Fuel Reduction on a Landscape Level) was also found to be inconsistent with NPS policies and guidelines as well as the objectives of the SMMNRA fire management program. Alternative 7 (Wildland Fire Use) could be a threat to public safety if implemented and logistically infeasible to implement along the wildland-urban interface. Planning Background: Public outreach was initiated in June 2001 coinciding with a planning workshop for agencies, cooperators and other partners. A Notice of Scoping for an environmental document was published in the Federal Register March 26, 2002, encouraging comments through an extensive scoping period ending August 31, 2002. Four public scoping meetings were hosted in Beverly Hills, Calabasas, Malibu and Thousand Oaks, California. Two additional meetings were held to gain additional input on the preliminary alternatives from fire agencies, cooperators and other partners. Letters were also sent to Native American representatives, requesting their comments and concerns related to cultural activities, practices or resources. Concerns raised in these meetings included: how to provide for public and firefighter safety; how to optimize the effectiveness of fuels treatments in the wildland-urban interface for property protection and to minimize impacts; the need to promote operational and policy coordination among all the agencies within the SMMNRA, including consistent brush clearance policies; the impact of fire management activities including suppression actions; containing the spread of invasive plants and animals; the use of prescribed fire for restoration activities, and appropriate land use planning. Based on the issues and concerns raised it was determined that an environmental impact statement rather than an environmental assessment would be completed. This would allow sufficient analysis to be undertaken in assessing the effects of particular alternatives and to ensure adequate involvement by the public and interested agencies. The distribution of Draft environmental impact statement (DEIS) for the FMP began in May, 2004. Approximately 250 DEISs were distributed; 85 went to local libraries, 20 were handed out at the SMMNRA Visitor Center, and the remainder was provided to individuals by mail or in person at public meetings. A notice of availability of the DEIS was published in the Federal Register June 16, 2004, providing an opportunity for public review and comment through September 15, 2004. In order to facilitate public review and understanding of the proposed plan, four public meetings were held during July, 2004 in Calabasas, Woodland Hills, Malibu and Thousand Oaks, California. The meetings were advertised through the print media, on the SMMNRA website and via 350 invitations sent to community leaders, neighborhood organizations, local agencies and stakeholder groups. The NPS received a total of 25 written responses, generated either from the public meetings or from public notices. All of these comments were duly considered in finalizing in the FEIS. Two main issues and concerns were expressed by the respondents: that the FEIS and FMP should prioritize public and firefighter safety as well as the protection of the unique Mediterranean ecosystem which the SMMNRA was established to protect. All alternatives provide numerous provisions for public and firefighter safety. Alternatives 2, 3 and 4 incorporate strong controls to protect native flora and fauna, minimizing the spread of invasive grasses and forbs. The Environmental Protection Agency expressed environmental concerns due to insufficient information. SMMNRA staff consulted closely with the EPA in preparing the FEIS. All comments and responses are documented in Appendix F of the FEIS.

Notice is given that the boundary of Antietam National Battlefield has been revised pursuant to the Acts as specified below, to encompass lands depicted on Drawing 302/92500, Segment 05, Antietam National Battlefield, revised July 1, 2005, prepared by the National Park Service. The revision to the boundary includes Tract Number 05- 171, as depicted on the map.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an Environmental Assessment for the Jackson Hole Airport Use Agreement Extension for Grand Teton National Park, WY. This effort addresses a request from the Jackson Hole Airport Board to amend the use agreement between the Department of Interior and the Airport Board in order to ensure that the airport remains eligible for funding through the Federal Aviation Administration (FAA). Alternatives to be considered include Alternative 1: No ActionThe airport would continue operations under the existing use agreement which currently has an expiration date of April 27, 2033; Alternative 2: Extend AgreementJackson Hole Airport Board proposal to extend the use agreement for an additional two 10-year terms, bringing the expiration date to April 27, 2053; and Alternative 3: Update and Extend AgreementExtend the use agreement for an additional two 10-year terms with minor modifications as mutually agreed to by the NPS and the Airport Board. The Jackson Hole Airport is located within Grand Teton National Park on 533 acres of land under the administrative jurisdiction of the National Park Service. The airport operates under the terms and conditions of a use agreement between the Department of the Interior and the Jackson Hole Airport Board. The agreement, executed in 1983, was for a primary term of 30 years, with options for two 10-year extensions, both of which have been exercised. The agreement also includes a provision that further extensions, amendments, or modifications could be negotiated by the parties on mutually satisfactory terms, and that the parties agree that upon expiration of the agreement, a mutually satisfactory extension of the agreement would be negotiated. Since the FAA requires that the airport have more than 20 years remaining on its use agreement in order to remain eligible for Airport Improvement Program funds, an extension of the use agreement is needed to provide assurance that the airport will remain eligible for funding beyond the year 2013.

The Department of Commerce (the Department) has preliminarily determined that sales by the respondents in this review, covering the period December 1, 2003, through November 30, 2004, have been made at prices less than normal value (NV). In addition, we are preliminarily rescinding this review with respect to Tianjin Custom Wood Processing Co., Ltd. (TCW), because TCW reported that it made no shipments of subject merchandise to the United States during the period of review (POR).\1\ If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. The Department invites interested parties to comment on these preliminary results.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a previously approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to determine a State's eligibility for plot or interment allowances.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument.

The Food and Drug Administration (FDA) has determined that DECADRON (dexamethasone) tablets, 1.5 milligrams (mg), were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for dexamethasone tablets, 1.5 mg.

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 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 (PRA) 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 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 (PRA) 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.

Pursuant to Sunshine Act, Public Law 94-409, and in keeping with one or more of the exemptions as set forth in 5 U.S.C. 552b(c)(1), and (4); notice is hereby given of the forthcoming meeting of the Air Force Scientific Advisory Board. The purpose of the meeting is to present the findings/results of the Science and Technology Quality reviews accomplished in FY 2005 to the assembled SAB. Because contractor-proprietary information will be discussed, this meeting will be closed to the public.

This order withdraws approximately 308,600 acres of public lands within the Caliente Rail Corridor, Nevada, from surface entry and the location of new mining claims, subject to valid existing rights, for a period of 10 years to allow the Department of Energy to evaluate the lands for the potential construction, operation, and maintenance of a rail line which would be used to transport spent nuclear fuel and high-level radioactive waste to the proposed Yucca Mountain Repository as part of the Department of Energy's responsibility under the Nuclear Waste Policy Act, as amended, 42 U.S.C. 10101 et seq.

A public hearing is being held to consider proposals for the Appalachian and Southeast Federal milk orders to amend the current inter-market transportation credit provisions and to establish new intra-market transportation credit provisions. Evidence will be taken at the hearing to determine whether emergency marketing conditions exist that would warrant omission of a recommended decision under the rules of practice and procedure (7 CFR 900.12(d)).

This regulation establishes an exemption from the requirement of a tolerance for residues of the bacteriophages that specifically target the bacterial pathogens Xanthomonas campestris pv. Vesicatoria and Pseudomonas syringae pv. tomato present on tomatoes and peppers when applied/used as bacteriocides on tomatoes and peppers. Omnylytics submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato specific bacteriophages when applied/ used as bacteriocides on tomatoes and peppers.

The Coast Guard has established a permanent regulated navigation area on the Chicago Sanitary and Ship Canal on the Illinois Waterway near Romeoville, IL. This permanent regulated navigation area places navigational and operational restrictions on all vessels transiting through the demonstration electrical dispersal barrier located on the Chicago Sanitary and Ship Canal. This regulated navigation area is necessary to protect vessels and their crews from harm as a result of electrical discharges emitting from the electrical dispersal barrier as vessels transit over it.

This proposal would revise Class E airspace at Jackson, WY. Additional Class E airspace is necessary to accommodate aircraft using a new Localizer Performance with Vertical Guidance (LPV) approach procedure, with Lateral/Vertical Navigation (LNAV/VNAV) minimums. This action would improve the safety of Instrument Flight Rules (IFR) aircraft executing the new LPV approach procedure at Jackson Hole Airport, Jackson, WY.

The Federal Aviation Administration published a document in the Federal Register on December 20, 2005 (79 FR 75529). That notice proposed to revise FAA Order 1050.1E, Environmental Impacts: Policies and Procedures. In that notice, the FOR FURTHER INFORMATION CONTACT was inadvertently left out.

The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration (FDA), which are scheduled to expire on December 31, 2005, are extended through June 30, 2006. In the October 18, 2005, action, NMFS reinstated and corrected the temporary regulations published on September 9, 2005, which reopened a portion of Federal waters of the Gulf of Maine, Georges Bank, and southern New England that it had previously closed from June 14 through September 30, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The FDA has determined that there is insufficient analytical data to support the scheduled reopening of the entire area to all bivalve molluscan shellfish fishing on January 1, 2006.

The Forest Service will prepare a supplement to the final Environmental Impact Statement to document and clarify additional analysis of cumulative environmental effects primarily in five resource areas: Vegetation, Fire/Fuels/Air Quality, Wildlife, Watershed, and Botanical Resources/Noxious Weeds. The supplement will also clarify the discussion of planning areas. Additional details will be added to Appendix D: Proposed Actions for Each Road in Each Watershed and Appendix G: Past, Present, and Reasonably Foreseeable Future Actions. Additional maps will be included to provide further information to the public.