January 4, 2006 – Federal Register Recent Federal Regulation Documents

The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: The meeting will be held Wednesday, January 25, 2006, from 8:30 a.m. to 5 p.m., and Thursday, January 26, 2006, from 8:30 a.m. to 5 p.m. Location: The Marriott Houston Hobby Airport, 9100 Gulf Freeway, Houston, Texas; Telephone: (713) 943-7979. The times and agenda topics are subject to change. Refer to the Web site listed below for the most up-to-date meeting agenda.

The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry and review staff entitled ``Recommended Approaches to Integration of Genetic Toxicology Study Results.'' This guidance is intended to inform industry and the review staff in the Center for Drug Evaluation and Research (CDER) on how CDER views positive findings in genetic toxicology assays during drug development. The guidance provides recommendations on how to proceed with clinical studies while ensuring the safety of study participants when results in genotoxicity studies suggest a potential cancer or genetic hazard.

The Food and Drug Administration (FDA) is announcing the availability for comments of a draft revised guidance for industry (92) entitled ``Impurities in New Veterinary Drug Substances (Revision)'' VICH GL10(R). This draft revised guidance, which updates a final guidance on the same topic for which a Notice of Availability was published in the Federal Register of July 7, 2000 (the 2000 guidance), has been developed for veterinary use by the International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products (VICH). The draft revised document is intended to provide guidance for registration applicants on the content and qualification of impurities in new veterinary drug substances produced by chemical syntheses and not previously registered in a country, region, or member state.

EPA is finalizing approval of a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision was proposed in the Federal Register on June 14, 2005 and concerns particulate matter (PM) and ammonia emissions from fluid catalytic cracking units (FCCUs) at oil refineries. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This final rule amends FAA regulations dealing with recording of maintenance data for large, transport category, propeller-driven aircraft. It changes the requirement for recording engine and propeller ``total time in service'' for certain aircraft operated under part 121. These relieving changes are necessary to correct an oversight in the rule when it was originally drafted in 1996. The amendment removes the requirement to record total time in service for engines and propellers installed on certain aircraft certificated for cargo operations. We are also amending sections of parts 21 and 135 to correct several outdated references to sections previously deleted in parts 121 and 135.

The Financial Crimes Enforcement Network is issuing this final rule to implement the requirements contained in section 312 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (the Act). Section 312 requires U.S. financial institutions to establish due diligence policies, procedures, and controls reasonably designed to detect and report money laundering through correspondent accounts and private banking accounts that U.S. financial institutions establish or maintain for non-U.S. persons. This final rule supercedes an interim final rule we issued on July 23, 2002. The interim final rule temporarily deferred application of the requirements contained in section 312 for certain financial institutions and provided guidance, pending issuance of a final rule, to those financial institutions for which compliance with section 312 was not deferred. We are publishing elsewhere in this separate part of the Federal Register a Notice of Proposed Rulemaking implementing section 312, and focusing exclusively on enhanced due diligence requirements.

The Environmental Protection Agency (EPA) is publishing two exempt Privacy Act system of records. There has been an appendix added to the Criminal Investigative Index and Files notice.

The Audio Division, at the request of Victoria RadioWorks, Ltd., substitutes Channel 265C3 for Channel 265A at Victoria, Texas and modifies Station KEPG(FM)'s license accordingly. To accommodate the upgrade, we also delete vacant Channel 265A at George West, Texas. The construction permit for the George West allotment expired in 2000. See 68 FR 15142, published March 28, 2003. Channel 265C3 can be allotted to Victoria in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 7.1 kilometers (4.4 miles) southwest of the community at coordinates 28-46- 40 North Latitude and 97-04-10 West Longitude. In addition, the Audio Division at the request of M.C. Vargas dismisses his counterproposal to allot Channel 265A at Three Rivers, Texas.

This document grants a proposal filed by Cox Radio, Inc. and its wholly owned subsidiary, CXR Holdings, Inc. and Davis Broadcasting, Inc. of Columbus. See 68 FR 62554, November 5, 2003. Specifically, this document substitutes Channel 239A for Channel 239C3 at Greenville, Georgia, reallots Channel 239A to Waverly Hall, Georgia, and modifies the Station WKZJ license to specify operation on Channel 239A at Waverly Hall. To replace the loss of the sole local service at Greenville, this document reallots Channel 281C1 from LaGrange, Georgia, and modifies the license of Station WALR-FM to specify Greenville as the community of license. The reference coordinates for the Channel 239A allotment at Waverly Hall, Georgia, are 32-33-58 and 84-41-03. The reference coordinates for the Channel 281C1 allotment at Greenville, Georgia, are 33-24-24 and 84-50-03. With this action, the proceeding is terminated.

In response to a Notice of Proposed Rule Making, 70 FR 48361 (August 17, 2005), this document reallots Channel 231C3 from St. Augustine, Florida to Fruit Cove, Florida, and modifies the license of Station WSOS-FM, accordingly. The coordinates for Channel 231C3 at Fruit Cove are 30-01-27 North Latitude and 81-36-19 West Longitude, with a site restriction of 10.2 kilometers (6.4 miles) south of the community.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This direct final rule raises the total specified road construction cost threshold for a small business concern road election from $20,000 to $50,000. Congress raised the limit to $50,000 via the Supplemental Appropriations Act for Fiscal Year 1999 (Pub. L. 105-277; Sec. 329(c)). The Supplemental Appropriations Act also eliminated the restriction, which precluded small business concerns in the State of Alaska from exercising the road election option. The Forest Service implemented this change upon passage of the law, and corrected agency handbook direction, but the CFR references to these minimum values were not changed. This direct final rule corrects this policy oversight. Obsolete references to purchaser credit are also being eliminated.

In accordance with Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and the President's Council on Environmental Quality (40 CFR 1500-1508), as implemented by Director's Order 12, the National Park Service (NPS) in coordination with the Federal Highway Administration has prepared a Draft Environmental Impact Statement (DEIS) to analyze alternatives for resolving issues related to the North Shore Road in the Great Smoky Mountains National Park (GSMNP). With the approval of the Department of Interior, the NPS is presenting the alternatives in the DEIS without identifying a preferred alternative. The NPS is seeking public comment on the alternatives before selecting a preferred alternative. This notice announces the availability of the DEIS and the locations of public hearings for the purpose of receiving comments on the draft document. The purpose of the proposed action is to discharge and satisfy any obligations on the part of the United States that presently exist as the result of the July 30, 1943, Memorandum of Agreement (MOA) among the U.S. Department of the Interior (DOI), Tennessee Valley Authority, Swain County, North Carolina, and the State of North Carolina. The need of the project is to determine whether or not it is feasible to complete the road and to evaluate other alternative that would satisfy the obligation. The DEIS analyzes one no-action alternative and four action alternatives for meeting the purpose and need of the project. The no- action alternative would continue current management practices and policies into the future. One of the action alternatives would provide Swain County with a monetary settlement to satisfy and discharge the obligations of the MOA. Each of the other three action alternatives would allow various levels of development and/or road construction within the project study area of GSMNP. Under the Laurel Branch Picnic Area alternative a day-use area on the north side of existing Lake View Road would be constructed. Outdoor facilities would include a multi-use picnic shelter, picnic tables, several loop trails, drinking fountains, and restrooms. Under the Partial-Build Alternative to Bushnell, up to 8 miles (12.9 km) of new roadway from the existing tunnel west to the vicinity of the former Bushnell settlement would be constructed. The alternative would provide a boat-launching ramp and restricted boat dock. Located near the terminus of the new roadway would be a multi-use picnic shelter and picnic tables, a backcountry permit station, an information kiosk, restrooms, and a parking area. Exhibit/museum space would be designed to highlight local heritage of the area and may include concession opportunities. Under the Northern Shore Corridor Alternative, 29 to 34.3 miles of new roadway to the vicinity of Fontana Dam would be constructed. It would connect Lake View Road to NC 28. This alternative would include provisions for the development of an auto-tour guide describing the historic and natural points of interest along the route. Also, restrooms would be built at appropriate locations. Dates: The DEIS will be available for public review and comments submitted until March 20, 2006. Public hearings will be held on February 2, 6, 7, 9, and 13, 2006. Hearings will be conducted from 4 p.m. to 8 p.m. or later as needed to hear all comments. Representatives of the NPS will be available at the public hearings to receive comments, concerns, and other input from the public related to the DEIS. Specific information about the public hearings is as follows: February 2, 2006, 4:30-8 p.m., Swain County High School, Center for the Arts, Auditorium, 1415 Fontana Road, Bryson City, NC; February 6, 2006, 4:30-8 p.m., Robbinsville High School Auditorium, 301 Sweetwater Road, Robbinsville, NC; February 7, 2006, 4:30-8 p.m., Asheville Renaissance Hotel, One Thomas Wolfe Plaza, Asheville, NC; February 9, 2006, 4:30-8 p.m., Knoxville Marriott, 500 Hill Avenue, SE., Knoxville, TN; February 13, 2006, 4:30-8 p.m., Gatlinburg-Pittman High School Auditorium, 150 Proffitt Road, Gatlinburg, TN. Addresses: The complete DEIS and associated appendices are available for review or download on the Internet at https:// www.northshoreroad.info. Copies of the DEIS will also be available for review at the following locations: Pack Memorial Library, 67 Haywood Street, Asheville, NC 28801; Marianna Black Library, 33 Fryemont Road, Bryson City, NC 28713; Charlotte and Mecklenburg County Main Library, 310 North Tryon Street, Charlotte, NC 28202; Qualla Boundary Public Library, 810 Acquoni Road, Cherokee, NC 28719; Anna Porter Public Library, 207 Cherokee Orchard Road, Gatlinburg, TN 37738; GSMNP Headquarters, 107 Park Headquarters Road, Gatlinburg, TN 37738; Lawson- McGee Library, 500 West Church Avenue, Knoxville, TN 37915; Cameron Village Regional Library, 410-200 Oberlin Road, Raleigh, NC 27605; Graham County Public Library, 80 Knight Street, Robbinsville, NC 28771. For Further Information Contact: North Shore Road EIS, Attn: Superintendent, Great Smoky Mountains National Park, 107 Park Headquarters Road, Gatlinburg, TN 37738, Telephone: 865/436-1207 or Fax: 865/436-1220. Supplementary Information: In July 1943, the Tennessee Valley Authority (TVA), the DOI, the State of North Carolina, and Swain County, entered into a Memorandum of Agreement (MOA) that dealt with the creation of Fontana Dam and Reservoir and the flooding of lands and road within Swain County. As part of that agreement, 44,170 acres of land were ultimately transferred to the DOI and made part of GSMNP. The MOA also contained a provision by which the DOI was to construct a road through the Park, along the north shore of the newly formed Fontana Reservoir, to replace the flooded NC 288, contingent upon funds being appropriated by Congress. The DEIS evaluates potential environmental consequences, of implementing the action alternatives, on GSMNP and the Appalachian National Scenic Trail. Impact topics include the human environment, physical environment, natural and cultural resources, aesthetics and visual resources, visitor use and experience, and park operations. Direct, indirect, and cumulative impacts along with options to address potential impacts were evaluated and are described for each resource area. The public is advised that it is the practice of the NPS to make comments, including individual names and addresses of respondents, available for public review during regular business hours. There are circumstances in which a person prefers to have his or her name and other information withheld from the public record. Any person wishing to do this must state this prominently at the beginning of any correspondence or comment, and the request will be honored to the extent allowable by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be placed on the public record and will be made available for public inspection in their entirety. Anonymous comments will be included in the public record, however, the NPS is not legally required to consider or respond to anonymous comments. The DEIS is being mailed to appropriate Federal, State and local agencies and organizations which have been involved with the project, have expressed, or are known to have an interest or legal role in this proposal. After public review of the DEIS, the National Park Service will consider comments, and a Final EIS followed by a Record of Decision will be prepared. The Final EIS is scheduled for completion in November 2006. The responsible official for this Environmental Impact Statement is Patricia A. Hooks, Regional Director, Southeast Region, National Park Service, 100 Alabama Street, SW., 1924 Building, Atlanta, Georgia 30303.

Cherokee National Forest will begin charging a $15.00 fee per campsite for overnight use at Lost Corral Horse Camp, which is presently under construction. This new campground will facilitate equestrian use of Cherokee National Forest on the Ocoee/Hiwassee Ranger District. Fee revenue will support operations and maintenance of the campground and future site improvements.

The Environmental Protection Agency (EPA) is promulgating today's final rule, the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR), to provide for increased protection against the potential risks for cancer and reproductive and developmental health effects associated with disinfection byproducts (DBPs). The final Stage 2 DBPR contains maximum contaminant level goals for chloroform, monochloroacetic acid and trichloroacetic acid; National Primary Drinking Water Regulations, which consist of maximum contaminant levels (MCLs) and monitoring, reporting, and public notification requirements for total trihalomethanes (TTHM) and haloacetic acids (HAA5); and revisions to the reduced monitoring requirements for bromate. This document also specifies the best available technologies for the final MCLs. EPA is also approving additional analytical methods for the determination of disinfectants and DBPs in drinking water. EPA believes the Stage 2 DBPR will reduce the potential risks of cancer and reproductive and developmental health effects associated with DBPs by reducing peak and average levels of DBPs in drinking water supplies. The Stage 2 DBPR applies to public water systems (PWSs) that are community water systems (CWSs) or nontransient noncommunity water systems (NTNCWs) that add a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light. This rule also makes minor corrections to drinking water regulations, specifically the Public Notification tables. New endnotes were added to these tables in recent rulemakings; however, the corresponding footnote numbering in the tables was not changed. In addition, this rule makes a minor correction to the Stage 1 Disinfectants and Disinfection Byproducts Rule by replacing a sentence that was inadvertently removed.

Pursuant to the terms of existing concession permits, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to one year, or until such time as a new contract is executed, whichever occurs sooner.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to one year, or until such time as a new contract is executed, whichever occurs sooner.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to one year, or until such time as a new contract is executed, whichever occurs sooner.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to 2 years, or until such time as a new contract is executed, whichever occurs sooner.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations governing the use of byproduct material to revise requirements for reporting transfers to persons exempt from licensing, simplify the licensing of smoke detector distribution, remove obsolete provisions, and clarify certain regulatory provisions. These actions are intended to better ensure the protection of public health and safety in the future, make the licensing of distribution to exempt persons more effective and efficient, and reduce unnecessary regulatory burden to certain general licensees. These changes would affect licensees who distribute byproduct material to exempt persons, users of some generally licensed devices, and some exempt persons.

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on December 5, 2005 (70 FR 72366). The error resulted in an incorrect telephone number for the FAA's point of contact. This AD applies to all EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This AD requires modifying electrical harnesses located at the left- and right-hand wing roots, and re-routing and modifying the harness of the right-hand outboard flap actuator.