2005 – Federal Register Recent Federal Regulation Documents

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to and additions of regulations and statutes regarding the State's annual fees that are required from coal mining permit holders. In addition to the current annual fee, Texas proposes to add two new annual fees. Texas intends to revise its program to reduce the economic cost to the coal mining industry as a whole and to require coal mining permit holders that have ceased mining to pay annual fees. This document gives the times and locations that the Texas program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

We are approving a proposed amendment to the Alaska regulatory program (the ``Alaska program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alaska proposed revisions to and additions of rules about the description of geology; probable hydrologic consequences; application requirements for underground mining; requirements for a subsidence control plan; bonding; replacement of water supplies; design requirements for other treatment facilities; design requirements for impoundments; discharges into underground mines; performance standards for disposal of excess spoil or coal mine waste; inspections of excess spoil, underground development waste, or coal processing waste disposal areas; performance standards for mining operations that have thin or thick overburden; sealing requirements for auger holes; as-built plans of underground workings; damage to protected structures caused by subsidence from underground mining; inspections of abandoned sites; administrative procedures and provisions for civil penalties; definitions and provisions governing coal extraction incidental to the extraction of other minerals; exemption from provisions governing coal exploration and surface coal mining and reclamation operations for removal of coal incidental to the extraction of other minerals if the coal is 16\2/3\ percent or less of the total tonnage of minerals removed; definitions; prime farmlands; western alkaline mine initiative; designs, inspections, and certifications by registered professional engineers or other qualified professional specialist experienced or trained in the construction of impoundments and primary roads; coal exploration; reference to ``Standard Methods for the Examination of Water and Wastewater'; requirements concerning topsoil; requirements for surface and ground water monitoring; placement of coal mine waste disposal in excess spoil fills; policy statements; small operator assistance program; blasting; cumulative hydrologic impact assessment; fish and wildlife and the protection and enhancement plan; design and construction requirements for the temporary and permanent diversion of miscellaneous flows; design and construction requirements for both temporary and permanent stream channel diversions; the design and construction requirements for the spillways; drainage control for valley fills and coal waste dams and embankments; petitions for designating lands unsuitable for mining; and roads and low-water crossings. Alaska revised its program to be consistent with the corresponding Federal regulations, clarify ambiguities and improve operational efficiency.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)) and the regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared and approved a Record of Decision for the Final Supplemental Environmental Impact Statement (Final SEIS) for Elwha River ecosystem restoration at Olympic National Park. The Final SEIS supplements the 1996 implementation EIS, and will serve as a blueprint in guiding implementation of the Elwhat River ecosystem restoration initiative as called for in the 1992 Elwha River Ecosystem and Fisheries Restoration Act. The Environmental Protection Agency's Federal Register published notification of the filing of the Final EIS on September 2, 2005. Decision: As soon as practical Olympic National Park will begin to implement the restoration strategies, mitigations, and projects identified and analyzed as the Preferred Alternative contained in the Final SEIS. This course of action and alternative options were addressed in the Final and Draft SEIS (the availability of the latter for public review was announced in the Federal Register on November 16, 2004). The full range of foreseeable environmental consequences were assessed, and appropriate mitigation measures identified. Both a No Action alternative and ``environmentally preferred'' options were identified and analyzed. Copies: Interested parties desiring to review the Record of Decision may obtain a copy by contacting the Superintendent, Olympic National Park, 600 East Park Ave., Port Angeles, WA 98362; or via telephone request at (360) 565-3000.

We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposes revisions to, additions of, and deletions of rules about: Definitions; permit application requirements; application processing and public participation; application review, findings, and issuance; permit conditions; permit renewal; performance standards; prospecting permits and notices of intent; bonding and insurance; protection of parks and historic sites; lands where mining is prohibited; inspection and enforcement; civil penalties; small operator assistance program (SOAP); restrictions on employee financial interests; blasters license; and revision of permits. Montana intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, and to clarify ambiguities. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have extended the due date by two weeks for public comments on their proposed rule that would amend the Federal Acquisition Regulation (FAR) to implement section 1432 of the National Defense Authorization Act for Fiscal Year 2004. Title XIV of the Act, referred to as the Services Acquisition Reform Act of 2003 (SARA), amended section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (FASA) to expressly authorize the use of time- and-materials (T&M) and labor-hour (LH) contracts for certain categories of commercial services under specified conditions. The proposed rule was published in the Federal Register at 70 FR 56318, September 26, 2005.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review and approval, as required by Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

This notice announces a schedule of upcoming meetings for the Wekiva River System Advisory Management Committee.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the draft general management plan and environmental impact statement (GMP/EIS) for Pea Ridge National Military Park (Park).

The MMS requests comments and suggestions to assist us in proposing regulations regarding so-called ``takes versus entitlements'' reporting and payment of royalties when oil and gas production is commingled upstream of the point of royalty measurement. See IV, Description of Information Requested, for details.

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521) this notice announces that the Veterans Benefits Administration (VBA), 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; it includes the actual data collection instrument.

This Notice provides the status of ATSDR's Superfund-mandated Substance-Specific Applied Research Program (SSARP) which was last updated in a Federal Register notice in 2002 (67 FR 4836). Authorized by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, also known as the Superfund statute), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 9604 (i)], this research program was initiated on October 17, 1991. At that time, a list of priority data needs for 38 priority hazardous substances frequently found at waste sites was announced in the Federal Register (56 FR 52178). The list was subsequently revised based on public comments and published in final form on November 16, 1992 (57 FR 54150). The 38 substances, each of which is found on ATSDR's Priority List of Hazardous Substances (68 FR 63098, November 7, 2003), are aldrin/ dieldrin, arsenic, benzene, beryllium, cadmium, carbon tetrachloride, chloroethane, chloroform, chromium, cyanide, p,p'-DDT,DDE,DDD, di(2- ethylhexyl) phthalate, lead, mercury, methylene chloride, nickel, polychlorinated biphenyl compounds (PCBs), polycyclic aromatic hydrocarbons (PAHsincludes 15 substances), selenium, tetrachloroethylene, toluene, trichloroethylene, vinyl chloride, and zinc. On July 30, 1997, priority data needs for 12 additional hazardous substances frequently found at waste sites were determined and announced in the Federal Register (62 FR 40820). The 12 substances, each of which is included in ATSDR's Priority List of Hazardous Substances, are chlordane, 1,2-dibromo-3-chloropropane, di-n-butyl phthalate, disulfoton, endrin (includes endrin aldehyde), endosulfan (alpha-, beta-, and endosulfan sulfate), heptachlor (includes heptachlor epoxide), hexachlorobutadiene, hexachlorocyclohexane (alpha- , beta-, delta- and gamma-), manganese, methoxychlor, and toxaphene. More recently, priority data needs for 10 additional hazardous substances frequently found at waste sites were determined and announced in the Federal Register (68 FR 22704). The ten substances, each of which is included in ATSDR's Priority List of Hazardous Substances, are asbestos, benzidine, chlorinated dibenzo-p-dioxins, 1,2-dibromoethane, 1,2-dichloroethane, 1,1-dichloroethene, ethylbenzene, pentachlorophenol, 1,1,2,2-tetrachloroethane, and total xylenes. Currently, the priority data needs for acrolein and barium are being identified and will be reported in a future Federal Register notice. To date, 270 priority data needs have been identified for the 60 hazardous substances, and 86 priority data needs have been filled (Table 1). ATSDR fills these research needs through U.S. Environmental Protection Agency (EPA) regulatory mechanisms (test rules), private- sector voluntarism, and the direct use of CERCLA funds. Additional priority data needs are being addressed through collaboration with the National Toxicology Program (NTP), by ATSDR's Great Lakes Human Health Effects Research Program, and other Agency programs. Priority data needs documents describing ATSDR's rationale for prioritizing research needs for each substance are available. See ADDRESSES section of this Notice. This Notice also serves as a continuous call for voluntary research proposals. Private-sector organizations may volunteer to conduct research to address specific priority data needs identified in this Notice by indicating their interest through submission of a letter of intent to ATSDR (see ADDRESSES section of this Notice). A Tri-Agency Superfund Applied Research Committee (TASARC) composed of scientists from ATSDR, National Institute of Environmental Health Sciences (NIEHS)/NTP, and the EPA, will review all proposed voluntary research studies.

This recommended decision invites written exceptions on proposed amendments to Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917 (orders), which regulate the handling of nectarines and peaches grown in California. The Nectarine Administrative Committee (NAC), the Peach Commodity Committee (PCC), and the Control Committee (part of M.O. No. 917) (Committees), which are responsible for local administration of orders 916 and 917, jointly proposed the amendments. The proposed amendments to order 917 only apply to peaches. The amendments included in this recommended decision would: Update definitions for ``handle'', ``grower'', and the commodities covered in both orders; add a definition for ``pure grower''; increase committee membership of the NAC from eight to thirteen members and modify sections of the order to conform to the increased membership; eliminate the Shippers Advisory Committee (order 916); allow the Control Committee under order 917 to be suspended if the provisions of one commodity are suspended and transfer applicable duties and responsibilities to the remaining Commodity Committee; and authorize interest and late payment charges on assessments paid late; and other related amendments. All of the proposals are intended to streamline and improve the administration, operation, and functioning of the orders.

In this document, we are taking final action on most remaining elements of the program to implement the 8-hour ozone national ambient air quality standard (NAAQS or standard). This final rule addresses, among other things, the following control and planning obligations as they apply to areas designated nonattainment for the 8-hour ozone NAAQS: reasonably available control technology and measures (RACT and RACM), reasonable further progress (RFP), modeling and attainment demonstrations, and new source review (NSR). We are issuing this rule so that States and Tribes will know how these statutory control and planning obligations apply and when State implementation plan (SIP) revisions are due for these obligations so that the States may develop timely submissions consistent with the statutory obligations and attain the NAAQS as expeditiously as practicable but no later than their maximum attainment dates. The intended effect of the rule is to provide certainty to States and Tribes regarding development of those plans. In this rule, we are also finalizing several revisions to the regulations governing the nonattainment NSR programs mandated by section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA). Finally, this rule addresses what effect the transition to the 8- hour standard will have on certain aspects of the Reformulated Gasoline (RFG) program. The nine original mandatory RFG areas, as well as most other areas that have become mandatory RFG areas by being reclassified as severe areas under section 181(b) of the CAA, will continue to be required to use RFG at least until they are redesignated to attainment for the 8-hour NAAQS. The EPA reserves for future consideration what effect the transition to the 8-hour standard will have on areas reclassified as severe areas for the 1-hour NAAQS under section 181(b) of the CAA that were redesignated to attainment for the 1-hour standard before revocation of that standard.

In compliance with the Paperwork Reduction Act, 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 December 31, 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 the information collection and its estimated burden and cost.

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 December 31, 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 the information collection and its estimated burden and cost.

The Treasury Department, Internal Revenue Service, gives notice of a proposed alteration to the system of records entitled, ``Treasury/IRS 34.022National Background Investigation Center Management Information System,'' which is subject to the Privacy Act of 1974, as amended, 5 U.S.C. 552a.

This notice announces those sites for which ATSDR has completed public health assessments during the period from July through September 2005. This list includes sites that are on or proposed for inclusion on the National Priorities List (NPL) and includes sites for which assessments were prepared in response to requests from the public.