2005 – Federal Register Recent Federal Regulation Documents

NMFS announces that the Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 13 to the FMP for review, approval, and implementation by NMFS. Amendment 13 would revise Federal permitting requirements for the shrimp fishery of the Gulf of Mexico exclusive economic zone (EEZ), including the establishment of a moratorium on the issuance of Federal commercial shrimp vessel permits; revision of existing regulations regarding reporting and recordkeeping in the shrimp fishery; and establishment of stock status criteria for the various shrimp stocks. The intended effects of Amendment 13 are to stabilize participation in the shrimp fishery of the Gulf of Mexico EEZ and provide better information by which to manage the fishery.

NMFS announces that the 2005 summer flounder commercial quota available to Massachusetts has been projected to have been harvested. To maintain consistency between state and Federal waters, NMFS is announcing the closure of summer flounder in Federal waters to coincide with the closure announced by the Massachusetts Division of Marine Fisheries (MA DMF). Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2005, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts of the closure and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.

The Audio Division seeks comment on a petition filed by JBL Broadcasting, Inc., proposing the upgrade to Channel 274C3 at Cumberland, Kentucky, the reallotment of Channel 274C3 from Cumberland to Weber City, Virginia, and the modification of Station WVEK-FM's license accordingly. To accommodate the reallotment, petitioner also proposed (1) the substitution of Channel 263A for vacant Channel 274A at Glade Spring, Virginia; and (2) the substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of Station WOLD- FM's license accordingly. Channel 274C3 can be reallotted to Weber City in compliance with the Commission's minimum distance separation with a site restriction of 10.9 kilometers (6.8 miles) south at petitioner's requested site. The reference coordinates for Channel 274C3 at Weber City are 36-31-36 North Latitude and 82-35-13 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of Channel 247A at Garwood, Texas, as a first local service. Channel 247A can be allotted at Garwood in compliance with the Commission's minimum distance separation requirements with a site restriction of 15.0 km (9.3 miles) northwest of Garwood. The proposed coordinates for Channel 247A at Garwood are 29-33-29 North Latitude and 96-29-12 West Longitude. Any action in this proceeding is subject to the final outcome of MM Docket No. 00-148, which dismissed by a Report and Order proposals that conflict with this proposal for the allotment of Channel 247A at Garwood. The dismissal of those proposals is currently under review. See SUPPLEMENTARY INFORMATION infra.

The Office of the U.S. Trade Representative (USTR), on behalf of the Trade Policy Staff Committee (TPSC), seeks comment on the interim environmental review of the proposed United States-Thailand Free Trade Agreement (FTA). The interim environmental review is available at https://www.ustr.gov/TradeSectors/Environment/EnvironmentalRev iews/ SectionIndex.html. Copies of the review will also be sent to interested members of the public by mail upon request.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew an information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The Hydrogen Technical and Fuel Cell Advisory Committee (HTAC or Committee) was established by section 807 of Title VIII, Hydrogen (``Spark M. Matsunaga Act of 2005''), of the 2005 Energy Policy Act (Pub. L. 109-58). In order to ensure a wide range of candidates for HTAC and a balanced committee, DOE is using this public announcement as an avenue to solicit nominations for this Committee.

We (Fish and Wildlife Service, Service) have sent a request to OMB to renew approval for our information collection associated with the Neotropical Migratory Bird Conservation Act (NMBCA) grants program. The current OMB control number for this information collection is 1018- 0113, which expires November 30, 2005. We have requested that OMB renew approval of this information collection for a 3-year term.

In accordance with the procedures governing the application for, and the processing of, exemptions from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of exemptions (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. There applications have been separated from the new application for exemption to facilitate processing.

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.