Fisheries of the Northeastern United States; Atlantic Herring Fishery; Total Allowable Catch Harvested for Management Area 1B
NMFS announces that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Management Area 1B (Area 1B) for fishing year 2005 is projected to be harvested by December 23, 2005. Therefore, effective 0001 hours, December 23, 2005, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1B per trip or calendar day until January 1, 2006 when the 2006 TAC becomes available, except for transiting purposes as described in this document. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that 95 percent of the Atlantic herring TAC allocated to Area 1B has been harvested, and no TAC is available for the directed fishery for Atlantic herring harvested from Area 1B.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning
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.
Information Collection Activities
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requests (ICR) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following collections of information was published on September 21, 2005 [70 FR 55450]. No comments were received.
Plumas National Forest; Plumas County, CA; Empire Vegetation Management Project
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.
Chloride Bush Project, Idaho Panhandle National Forest, Bonner County, ID
On October 23, 2003, a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Chloride Bush Project on the Idaho Panhandle National Forests was published in the Federal Register (68 FR 60637-60638). The NOI is canceled because the Idaho Panhandle National Forests no longer intend to proceed with this project.
SES Performance Review Board Members
Pursuant to 5 U.S.C. 4314(c)(4), this notice announces the reappointment of members of the PRB for the Equal Employment Opportunity Commission (EEOC). The Board makes recommendations to the appointing official on the performance of executives, including recommendations on performance ratings, bonuses and other appropriate personnel actions.
Designation of New Animal Drugs for Minor Uses or Minor Species; Reopening of the Comment Period
The Food and Drug Administration (FDA) is reopening until January 27, 2006, the comment period for the proposed rule published in the Federal Register of September 27, 2005 (70 FR 56394), proposing implementing regulations for designation of new animal drugs for minor uses and minor species under section 573 of the Federal Food, Drug, and Cosmetic Act (the act). FDA is reopening the comment period to update comments and to receive any new information.
Food Labeling: Ingredient Labeling of Dietary Supplements That Contain Botanicals; Withdrawal
The Food and Drug Administration (FDA) published in the Federal Register of August 28, 2003 (68 FR 51693), a direct final rule to amend the regulation on the designation of ingredients in dietary supplements by incorporating by reference the most recent editions of the references Herbs of Commerce and the International Code of Botanical Nomenclature. The direct final rule also would have added a sentence to this regulation codifying the requirements contained in the Farm Security and Rural Investment Act of 2002 (Public Law 107-171) that restrict the use of the term ``ginseng'' as a common or usual name to botanicals within the genus ``Panax'' and limiting the use of the term ``ginseng'' to labeling and advertising of herbs or herbal ingredients classified within the genus ``Panax.'' FDA is withdrawing the direct final rule because the agency received significant adverse comment.
Ball Bearings and Parts Thereof From Japan and Singapore; Five-Year Sunset Reviews of Antidumping Duty Orders; Preliminary Results
On June 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty orders on ball bearings from Japan and Singapore. On the basis of the notice of intent to participate and adequate substantive responses and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(e)(2)(i). As a result of these sunset reviews, the Department preliminarily finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Reviews.''
Establishment of Class E5 Airspace; Hill City, KS
This rule establishes a Class E airspace area extending upward from 700 feet above the surface at Hill City, KS. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from and executing instrument approach procedures to, Hill City Municipal Airport, KS and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph (d) of Sec. 158.29.
Acceptable Methods of Compliance with § 25.562(c)(5) for Front Row Passenger Seats
The Federal Aviation Administration (FAA) announces the availability of final policy on Acceptable Methods of Compliance with Title 14 Code of Federal Regulations (CFR) Sec. 25.562(c)(5) for Front Row Passenger Seats.
Proposed Technical Standard Order (TSO)-C166a, Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B) Equipment
This notice announces the availability of, and requests comments on the proposed revision to technical standard order (TSO)- C166, Extended Squitter Automatic Dependent SurveillanceBroadcast (ADS-B) and Traffic Information ServiceBroadcast (TIS-B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz), issued September 20, 2004. The resulting changes to this proposed revised TSO tells persons seeking a TSO authorization or letter of design approval (LODA) what minimum performance standards (MPS) their extended squitter ADS-B and TIS-B equipment must meet to be identified with the applicable TSO marking.
Policy Statement With Request to an Unreliable Design of Seat Belt Attachment Fittings on Passenger Seats and Compliance With § 25.601
The Federal Aviation Administration (FAA) announces the availability of proposed certification policy for compliance with 14 CFR 25.601 regarding an unreliable seat belt attachment fitting design installed on passenger seats.
The Office of Thrift Supervision (OTS) is amending its regulations to incorporate a number of technical and conforming amendments. They include clarifications and corrections of typographical errors.
Proposed Exemptions; Pennsylvania Institute of Neurological Disorders, Inc. Profit Sharing Plan (the Plan)
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code).
Grant of Individual Exemptions; Wachovia Corporation (Wachovia)
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor.
Public Housing Operating Fund; Variable Coefficients for Public Housing Operating Fund Project Expense Levels
This notice provides supplemental information to public housing agencies (PHAs) and members of the public regarding HUD's method of calculating public housing operating subsidy in accordance with the Public Housing Operating Fund Program regulation at 24 CFR part 990. Subpart C of the final rule describes how formula expenses will be calculated under the new Operating Fund Formula. This notice explains the computation of the project expense level (PEL), which is one factor in the formula expenses component of the Operating Fund Formula.
Airworthiness Directives; DG Flugzeugbau GmbH Models DG-800B and DG-500MB Sailplanes
The FAA adopts a new airworthiness directive (AD) for certain DG Flugzeugbau GmbH Models DG-800B and DG-500MB sailplanes. This AD requires you to modify the connection of the starter ring gear to the lower drive belt pulley adapter. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to prevent the bolts currently used to connect the starter ring gear to the drive belt pulley adapter from shearing off and the bolt heads falling into the engine compartment. Failure of this connection could render the engine inoperative. Consequently, this failure could lead to loss of control of the sailplane.
Airworthiness Directives; BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG Models G103 TWIN ASTIR, G103 TWIN II, G103A TWIN II ACRO, G103C TWIN III ACRO, and G 103 C Twin III SL Sailplanes
The FAA adopts a new airworthiness directive (AD) to supersede AD 2004-08-13, which applies to certain BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Burkhardt Grob) Models G103 TWIN ASTIR, G103 TWIN II, G103 TWIN III ACRO, and G103 C Twin III SL sailplanes. AD 2004-08-13 currently requires you to replace the center of gravity (CG) release hook attachment brackets with brackets of improved design. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. This AD retains all the actions required in AD 2004-08-13 and adds Model G103A TWIN II ACRO sailplanes to the applicability. We are issuing this AD to prevent abnormal or uncontrolled sailplane release due to cracked CG release hook attachment brackets. This condition could result in reduced or loss of sailplane control.
Airworthiness Directives; BURKHARDT GROB LUFT-UND RAUMFA HRT GmbH & CO KG Model G103 TWIN ASTIR Sailplanes
The FAA adopts a new airworthiness directive (AD) for all BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Burkhardt Grob) Model G103 TWIN ASTIR sailplanes. This AD requires you to replace the elevator lever, part number (P/N) 103-3521, with an improved design part, P/N 103-3523. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to prevent cracks in the elevator lever, which could cause the elevator lever to fail. This failure could result in loss of control of the sailplane.
Approval and Promulgation of Implementation Plans; Alabama; Nitrogen Oxides Budget and Allowance Trading Program, Phase II
The EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Alabama on February 23, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the Nitrogen Oxides (NOX) SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Alabama to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of NOX. The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the National Ambient Air Quality Standard (NAAQS) for ozone. The revision also corrects a typographical error and deletes an expired provision pertaining to open burning in Morgan County, Alabama in 2003.
Approval and Promulgation of Implementation Plans; Alabama; Nitrogen Oxides Budget and Allowance Trading Program, Phase II
The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Alabama on February 23, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the Nitrogen Oxides (NOX) SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Alabama to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of NOX. The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the national ambient air quality standard (NAAQS) for ozone. The revision also corrects a typographical error and deletes an expired provision from 2003, pertaining to open burning in Morgan County, Alabama. In the Final Rules section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a non-controversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Dichlormid; Extension of Time-Limited Pesticide Tolerance
This regulation amends 40 CFR 180.469 by extending the expiration/revocation date of the time-limited tolerances for residues of acetamide, 2,2-dichloro-N,N-di-2-propenyl- (dichlormid) in or on field corn (forage, grain, stover), pop corn (grain, stover), and sweet corn (forage, kernel plus cob with husks removed, stover) at 0.05 ppm. The current tolerances are set to expire on December 31, 2005. This rule extends the expiration/revocation date of these time-limited tolerances to December 31, 2008.
Azinphos-methyl; Order to Amend Registrations to Terminate Certain Uses
This notice announces the order to amend registrations to terminate certain uses, voluntarily requested by the registrant(s) and accepted by the Agency, of products containing the pesticide azinphos- methyl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a September 30, 2002 Federal Register Notice of Receipt of Requests (67 FR 61337) (FRL-7199-6) from the azinphos-methyl registrants to amend their product registrations to terminate certain uses of azinphos-methyl from their product registrations. In the September 30, 2002 Notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests. The Agency did not receive any comments on the Notice. Accordingly, EPA approved new labels without the uses in August 2003. Any distribution, sale, or use of the azinphos-methyl products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Maneb Reregistration Eligibility Decision
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide maneb. The Agency's risk assessments and other related documents also are available in the maneb Docket. Maneb is registered for use on a wide variety of food/feed crops, including fruit and nut crops, vegetable crops, field and forage crops, grapes, field crop seeds, and others; ornamental plants in nurseries and greenhouses; and sod farms. Maneb is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related active ingredients mancozeb and metiram. Maneb and the two other fungicides share the common metabolite/degradate ethylene thiourea (ETU), which has been considered in the maneb RED. EPA has reviewed maneb through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. As a part of this process, the Agency announced the availability of the EBDCs preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket ID number OPP-2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Pesticide Product; Registration Approval
This notice announces Agency approval ofapplications to register the pesticide products, Dutch Trig[reg] and Heads Up Plant Protectant, containing active ingredients not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),as amended.
Pesticide Program Dialogue Committee Performance Measures Work Group; Notice of Public Meeting
Pursuant to the Federal Advisory Committee Act (Public Law 92- 463), the U.S. Environmental Protection Agency (EPA) gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Performance Measures Work Group on January 18 to 19, 2006. An agenda for this meeting is being developed and will be posted on EPA's website (http://www.epa.gov/pesticides/ppdc). The work group is developing advice and recommendations concerning performance management measures for EPA's pesticide program.
Mancozeb Reregistration Eligibility Decision
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide mancozeb. The Agency's risk assessments and other related documents are also available in the mancozeb Docket. Mancozeb is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related fungicides maneb and metiram. Mancozeb is used as a broad spectrum fungicide on a variety of agricultural crops, ornamentals, and turf. As a part of this process, the Agency announced the availability of the EBDCs preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket identification (ID) number EPA-HQ-OPP;2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Metiram Reregistration Eligibility Decision
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide metiram. The Agency's risk assessments and other related documents also are available in the metiram Docket. Metiram is registered for use on apples, potatoes, and ornamental plants (leatherleaf ferns) in nurseries and greenhouses. Metiram is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related active ingredients mancozeb and maneb. Metiram and the two other fungicides share the common metabolite/degradate ethylene thiourea (ETU), which has been considered in the metiram RED. EPA has reviewed metiram through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. As a part of this process, the Agency announced the availability of the EBDC's preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket ID number OPP-2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Guidance Under Section 7874 for Determining Ownership by Former Shareholders or Partners of Domestic Entities
This document contains temporary regulations under section 7874 of the Internal Revenue Code (Code) relating to the disregard of certain affiliate-owned stock in determining whether a corporation is a surrogate foreign corporation under section 7874(a)(2)(B) of the Code. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities
In this document, the Commission extends for an additional year the waiver of the emergency (911) call handling requirement for providers of Video Relay Service (VRS). The Commission extends the waiver for one year in view of continued technological challenges to determining the geographic location of telecommunications relay service (TRS) calls that originate via the Internet, and the VRS 911 NPRM addressing the issue.
Dicamba Risk Assessments; Notice of Availability
This notice announces the availability of EPA's risk assessments and related documents for the pesticide dicamba, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for dicamba through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Propargite; Modification and Closure of Reregistration Eligibility Decision; Notice of Availability
This notice announces the modification of certain provisions of the Reregistration Eligibility Decision (RED) for the pesticide propargite. EPA conducted this reassessment of the propargite RED in response to public comments received. The commentors requested that the Agency make certain modifications in the restricted entry intervals, spray intervals, use rates, and spray buffers.
Cypermethrin Risk Assessments; Notice of Availability and Risk Reduction Options
This notice announces the availability of EPA's risk assessments and related documents for the pyrethroid pesticide cypermethrin, and opens a 60 day public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a RED for cypermethrin through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Affordable Housing Program Amendments
The Federal Housing Finance Board (Finance Board) is proposing to amend its Affordable Housing Program regulation to remove prescriptive requirements, clarify certain operational requirements, remove certain authorities, and otherwise streamline and reorganize the regulation.
Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding
In this document the Commission amends the definition of an Enhanced Specialized Mobile Radio (ESMR) system; further delineates the relocation rights of 800 MHz incumbent licensees; narrows the Expansion Band in the Atlanta, Georgia region; reaffirms the Commission's authority to grant Nextel Communications, Inc. (Nextel) spectrum rights to ten megahertz of spectrum in the 1.9 GHz band; permits the Transition Administrator (TA) to follow a calendar year for reporting schedule purposes; permits Nextel to receive credit in the 800 MHz `true-up' process for the relocation of certain additional BAS incumbent licensees whose licenses were issued prior to November 12, 2004; and clarifies the definitions of ``unacceptable interference'' and ``Critical Infrastructure Industries'' (CII).
Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Services
This rule revises the regulations governing the inspection and certification for fresh fruits, vegetables and other products by increasing by approximately 15 percent certain fees charged for the inspection of these products at destination markets. These revisions are necessary in order to recover, as nearly as practicable, the costs of performing inspection services at destination markets under the Agricultural Marketing Act of 1946 (AMA of 1946). The fees charged to persons required to have inspection on imported commodities are in accordance with the Agricultural Marketing Agreement Act of 1937 and for imported peanuts under section 1308 of the Farm Security and Rural Investigation Act of 2002.
National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters: Reconsideration
EPA is promulgating amendments to the national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters which EPA promulgated on September 13, 2004. After promulgation of the final rule for boilers and process heaters, the Administrator received petitions for reconsideration of certain provisions in the final rule. On July 27, 2005, EPA published a notice of reconsideration and requested public comment on certain aspects of the health-based compliance alternatives, as outlined in 40 CFR 63.7507 and appendix A to the final rule (40 CFR part 63, subpart DDDDD). After evaluating public comment on the notice of reconsideration, we are retaining the health-based compliance alternatives in the final rule in substantially the same form. However, we are making a limited number of amendments to 40 CFR 63.7507 and appendix A to the final rule to improve and clarify the process for demonstrating eligibility to comply with the health-based compliance alternatives contained in the final rule.
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for a Permit Application for a Proposed Marine Terminal Expansion at Piers D, E and F in the Middle Harbor District of the Port of Long Beach, Los Angeles County, CA
The U.S. Army Corps of Engineers (Corps) is considering an application for Section 404 and Section 10 permits to conduct dredge and fill activities to redevelop and consolidate two existing container terminals for the construction of a 342-acre marine terminal including redevelopment of 294 acres of existing land and the placement of dredged material in open water to create 48 acres of new land. The primary reason for the revised notice of intent is because the proposed terminal expansion project has been modified to utilize additional existing land to reduce the amount of fill in open water by approximately 20 acres. The primary Federal concern is the dredging and discharging of materials within waters of the Unites States and potential significant impacts to the human environment. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port of Long Beach will serve as Lead Agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port of Long Beach have agreed to jointly prepare a Draft EIS/EIR in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the State and local requirements and environmental issues concerning the proposed activities and permit approvals.