January 25, 2006 – Federal Register Recent Federal Regulation Documents
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National Environmental Policy Act Revised Implementing Procedures
This notice announces the intent to revise the BLM policies and procedures for compliance with the National Environmental Policy Act (NEPA), as amended, Executive Order 11514, as amended, Executive Order 12114, and the Council on Environmental Quality's Regulations. When adopted, these procedures will be published in Part 516, Chapter 11, of the Departmental Manual (DM) and will be added to the Department of the Interior's (DOI) Electronic Library of Interior Policies (ELIPS). ELIPS is located at: https://elips.doi.gov. The public can review the proposed Categorical Exclusion (CX) Analysis Reports on the Department of the Interior's Web site at https://www.doi.gov/oepcc or at the Bureau of Land Management's Web site at https://www.blm.gov/ planning. The BLM procedures were last updated May 19, 1992. The proposed revisions are necessary to update these procedures. BLM's current procedures can be found at: https://elips.doi.gov/appDM/act getfiles.cfm?nelnum=3621. The public is asked to review and comment on the proposed changes in Chapter 11 of the manual, including the newly proposed categorical exclusions (CXs).
Radio Broadcasting Services; Eden, TX
The Audio Division, at the request of Linda Crawford, allots Channel 294A at Eden, Texas, as the community's second local FM service. Channel 294A can be allotted to Eden, Texas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 11.4 kilometers (7.1 miles) southwest of Eden. The coordinates for Channel 294A at Eden, Texas, are 31-10-00 North Latitude and 99-57-01 West Longitude. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 294A at Eden, Texas, is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: ``Operation with the facilities specified herein for Eden, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.''
Endangered and Threatened Wildlife and Plants; Designating the Greater Yellowstone Ecosystem Population of Grizzly Bears as a Distinct Population Segment; Removing the Yellowstone Distinct Population Segment of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife
We, the U.S. Fish and Wildlife Service (Service), announce the location and time of a public hearing to receive public comments on the proposal to establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the greater Yellowstone Ecosystem and surrounding area and to remove the Yellowstone DPS from the List of Threatened and Endangered Wildlife.
Hazardous Materials: Enforcement Procedures
PHMSA is inviting interested persons to participate in a series of public meetings that will address new hazardous materials transportation enforcement authority contained in the Hazardous Materials Safety and Security Reauthorization Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. This expanded authority permits DOT enforcement personnel to open the outer packaging(s) of a package believed to contain hazardous materials; order a package believed to contain hazardous materials to be transported to an appropriate facility for examination and analysis; assist in the safe resumption of transportation of a package when practicable and an imminent hazard is found not to exist; and, when an imminent hazard may exist, remove a package from transportation or issue an emergency restriction, prohibition, recall, or out-of-service order.
Underground Mine Rescue Equipment and Technology
The Mine Safety and Health Administration is requesting data, comments, and other information on issues relevant to underground mine rescue equipment and technology. Over the last several years, improvements have been made to communication devices, sensors and other forms of technology in general industry. As such, continuous development and deployment of mine rescue equipment and technology are crucial to enhancing the effectiveness of mine rescue operations and improving miners' survivability in the event of a mine emergency. Responses to this request for information will assist the Agency in determining an appropriate course of action as necessary to improve mine rescue capabilities.
Incentive Grants To Support Increased Safety Belt Use Rates Section 406 Implementing Guidelines
The National Highway Traffic Safety Administration (NHTSA) announces a new primary safety belt use law and safety belt performance grant program to increase safety belt use by Americans in passenger motor vehicles. The program makes funds available during fiscal years 2006 through 2009 to provide a one-time only grant to States that enact and enforce primary safety belt use laws within certain time periods or achieve 85 percent or higher safety belt use for two consecutive years without a primary safety belt use law. This notice informs the 50 States, the District of Columbia, Puerto Rico, American Samoa, the Commonwealth of Northern Mariana Islands, Guam and the Virgin Islands, through their Governors' Representatives for Highway Safety, of the application procedures to receive grant funds to be made available in fiscal years 2006 through 2009.
Notice of Intent To Prepare an Environmental Impact Statement (EIS) for Actions To Substantially Restore Natural Quiet to the Grand Canyon National Park and Public Scoping
The Federal Aviation Administration (FAA) and the National Park Service (NPS), as co-leads in the environmental process, intend to prepare an Environmental Impact Statement (EIS) under the provisions of the National Environmental Policy Act of 1969, as amended. The EIS will address environmental and related impacts that may result from actions to be proposed and alternatives to be developed to achieve the statutory mandate of Public Law 100-91 (``commonly know as the Overflights Act''); to provide for the substantial restoration of the natural quiet and experience of Grand Canyon National Park (GCNP). The Presidential Memorandum dated April 22, 1996, Earth Day Initiative, Parks for Tomorrow calls for substantial restoration of natural quiet in the GCNP to be achieved by 2008. ``Substantial restoration of natural quiet'' has been defined by the NPS to mean that 50 percent or more of the park will achieve natural quiet (i.e., no aircraft audible) for 75 to 100 percent of the day. This undertaking is a follow-on to previous actions taken by the FAA, in cooperation with the NPS, since December 1996. The FAA and NPS are inviting the public, agencies, and other interested parties to provide comments, suggestions, and input regarding: (1) The scope, issues, and concerns related to the development of proposed and alternative actions at Grand Canyon National Park that provide for the substantial restoration of the natural quiet and experience of the park and protection of public health and safety from significant adverse effects associated with all aircraft overflights; (2) past, present, and reasonably foreseeable future actions which, when considered with any alternatives, may result in significant cumulative impacts; and, (3) potential alternatives. The scoping process for this EIS will include three public meetings and a ninety-day comment period for interested agencies and parties to submit oral and/or written comments representing the concerns and issues they believe should be addressed. Please submit any written comments within ninety-days from the date of this Notice, or no later than April 27, 2006. Address your comments to: Docket Management System, Doc No. FAA-2005-23402, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. The purpose of this Notice is to inform Federal, State, local government agencies, and the public of the intent to prepare an Environmental Impact Statement (EIS) and to conduct a public and agency scoping process. Information, data, opinions, and comments obtained throughout the scoping process will be considered in preparing the Draft EIS. To maximize the opportunities for public participation in this environmental process, the FAA and NPS will also publish notices in the major local newspapers in the vicinity of the study area.
Radio Broadcasting Services; Clemmons, NC, Iron Gate, VA and Statesville, NC
At the request of Mercury Broadcasting Company, Inc., licensee of Station WFMX (FM), Statesville, North Carolina, Channel 289C1 is substituted for Channel 289C at Statesville, realloted from Statesville to Clemmons, North Carolina, as the community's first local transmission service, and the license for Station WFMX (FM) is modified to reflect the changes. To accommodate the counterproposal filed by Dick Broadcasting Company of Tennessee, licensee of Stations WKZL (FM), Winston-Salem, North Carolina, and WKRR (FM), Asheboro, North Carolina, Channel 270A is allotted at Iron Gate, Virginia. Channel 289C1 is reallotted at Clemmons at a site 32 kilometers (19.9 miles) north of the community at coordinates 36-17-30 NL and 80-15-30 WL. Channel 270A is allotted at Iron Gate, Virginia with a site restriction of 1.5 kilometers (0.9 miles) northwest of the community at coordinates 37-48- 14 NL and 79-48-23 WL.
Radio Broadcasting Services; Dubach, LA, Groesbeck, TX, Longview, TX, Nacogdoches, TX, Natchitoches, LA, Oil City, LA, Shreveport, LA, Tennessee Colony, TX and Waskom, TX
This document grants a Counterproposal filed by Cumulus Licensing LLC in response to the Notice of Proposed Rule Making in this proceeding. See 70 FR 8558, February 22, 2005. Specifically, the license of Station KBED, Channel 300C2, Oil City, Louisiana, is modified to specify operation on Channel 247C2 at Waskom, Texas. To accommodate this reallotment, this document makes four related channel substitutions. Channel 300C2 is substituted for vacant Channel 247C2 at Longview, Texas. The license of Station KTBQ, Channel 299C2, Nacogdoches, Texas, is modified to specify operation on Channel 299C3. The license of Station KDBH, Channel 247C3, Natchitoches, Louisiana, is modified to specify operation on Channel 248A. The license of Station KPCH, Channel 249C1, Dubach, Louisiana, is modified to specify operation on Channel 249C2. To replace the loss of the sole local service at Oil City, this document modifies the license of Station KRMD, Channel 266C, Shreveport, Louisiana, to specify Oil City as the community of license. The reference coordinates for the Channel 247C2 allotment at Waskom, Texas, are 32-29-36 and 93-45-55. The reference coordinates for the Channel 266C allotment at Oil City, Louisiana, are 32-40-08 and 93-52-45. The reference coordinates for the Channel 300C2 allotment at Longview, Texas, are 32-42-01 and 94-40-47. The reference coordinates for the Channel 299C3 allotment at Nacogdoches, Texas, are 31-38-09 and 94-38-50. The reference coordinates for the Channel 248A allotment at Natchitoches, Louisiana, are 31-46-09 and 93-01-38. The reference coordinates for the Channel 249C2 allotment at Dubach, Louisiana, are 32-40-09 and 92-37-58. With this action, the proceeding is terminated.
Proposed Collection; Comment Request
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for the opportunity for public comment on proposed data collection projects, the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) of the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval. Proposed Collection: Title: A Survey of Estimated GFR Reporting Practices of Clinical Laboratories: Type of Information Collection Request: New. Need and Use of Information Collection: This study will assess the level of U.S. clinical laboratory reporting of estimated GFR as a measure of kidney function. This will be accomplished through baseline and follow-up surveys of a representative sample of clinical laboratories in the U.S. Information will be used to establish baseline data necessary to measure an anticipated increased in use of estimated GFR, following the implementation of the NKDEP's communications and Lab Working Group (LWG) activities promoting use of estimated GFR for patients at risk for kidney disease. The LWG, whose members are experts in their field, strongly believes that routine reporting of estimated GFR will result in a significant increase in early detection of chronic kidney disease, therefore enabling treatment that can slow or prevent patients' progression to kidney failure. Frequency of Response: Baseline survey only. Affected Public: Clinical laboratory community. Type of Respondents: Laboratory directors. The annual reporting burden is as follow: Estimated Number of Respondents: Anticipate 4,126 completed surveys; Estimated Number of Responses per Respondent: Respondents will complete one paper-and-pencil or online survey; Average Burden Hours Per Response: .083 hours [5 minutes]; and Estimated Total Annual Burden Hours Requested: 342.46 hours. The annualized total cost to respondents is estimated at $11,759.10. (Note: Completing this survey is similar to other data reporting carried out by lab directors. Since lab directors will be able to responded to the survey within their usual workday, this collection of information will not cost labs.employers additional time and money.) There are no Capital Costs to report. There are no Operating or Maintenance Costs to report.
Approval and Promulgation of Implementation Plans; New Jersey Consumer Products Rule
The Environmental Protection Agency (EPA) is approving a revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to Subchapter 24 ``Prevention of Air Pollution From Consumer Products'' of 7:27 of the New Jersey Administrative Codes, which are needed to meet the shortfall in emissions reduction identified by EPA in New Jersey's 1-hour ozone attainment demonstration SIP. The intended effect of this action is to approve a control strategy required by the Clean Air Act, which will result in emission reductions that will help achieve attainment of the national ambient air quality standard for ozone.
Office of Hazardous Materials Safety; Notice of Application for Special Permits
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazards 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. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application''portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Notice of Applications for Modification of Special Permit
In accordance with the procedures governing the application for, and the processing of, special permits 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 special permits 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'' demote a modification request. There applications have been separated from the new applications for special permits to facilitate processing.
Federal Acquisition Regulation; Submission for OMB Review; Davis-Bacon Act-Price Adjustment (Actual Method)
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning davis-bacon act price adjustment (actual method). A request for public comments was published in the Federal Register at 70 FR 66368, November 2, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Federal Acquisition Regulation; Submission for OMB Review; Progress Payments
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning progress payments. A request for public comments was published in the Federal Register at 70 FR 59727, October 13, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Regulatory Flexibility Program
The National Credit Union Administration (NCUA) is modifying the eligibility criteria for its Regulatory Flexibility Program by reducing the minimum net worth, and extending the duration that it must be maintained, to qualify for the Program. Federally-insured credit unions that qualify are exempt in whole or in part from a series of regulatory restrictions and also are allowed to purchase and hold an expanded range of eligible obligations.
Requirements for Insurance
NCUA is amending its rule concerning financial and statistical reports to require all federally insured credit unions to file the same quarterly Financial and Statistical Report with NCUA. The amendment requires all federally insured credit unions to file Form NCUA 5300 quarterly and, beginning with the third quarter 2006 cycle, eliminates the alternate Form NCUA 5300SF for credit unions with assets of less than ten million dollars. In conjunction with the change in the reporting requirement for small credit unions, NCUA is issuing a number of revisions to Form 5300. All credit unions must use the revised form beginning with the second quarter 2006 reports, due July 20, 2006.
Guidance on Passive Foreign Investment Company (PFIC) Purging Elections; Correction
This document contains a correction to temporary regulations that were published in the Federal Register on Thursday, December 8, 2005 (70 FR 72908) that provide certain elections for taxpayers that continue to be subject to the PFIC excess distribution regime of section 1291 even though the foreign corporation in which they own stock is no longer treated as a PFIC under section 1297(a) or (e).
Guidance on Passive Foreign Investment Company (PFIC) Purging Elections; Correction
This document corrects temporary regulations (TD 9232) that were published in the Federal Register on Thursday, December 8, 2005 (70 FR 72908) that provide certain elections for taxpayers that continue to be subject to the PFIC excess distribution regime of section 1291 even though the foreign corporation in which they own stock is no longer treated as a PFIC under section 1297(a) or (e).
Sickness or Accident Disability Payments; Correction
This document corrects final regulations (TD 9233) that were published in the Federal Register on December 15, 2005 (70 FR 74198). The final regulations provide guidance regarding the treatment of payments made on account of sickness or accident disability under a workers' compensation law for purposes of the Federal Insurance Contributions Act (FICA).
Cooperative State Research, Education, and Extension Service Final Revised Guidelines for State Plans of Work for the Agricultural Research and Extension Formula Funds
The Cooperative State Research, Education, and Extension Service (CSREES) is implementing the revisions to the Guidelines for State Plans of Work for the Agricultural Research and Extension Formula Funds [64 FR 19242-19248]. These guidelines prescribe the procedures to be followed by the eligible institutions receiving Federal agricultural research and extension formula funds under the Hatch Act of 1887, as amended (7 U.S.C. 361a et seq.); sections 3(b)(1) and (c) of the Smith- Lever Act of 1914, as amended (7 U.S.C. 343 (b)(1) and (c)); and sections 1444 and 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3221 and 3222). The recipients of these funds are commonly referred to as the 1862 land-grant institutions and 1890 land-grant institutions, including Tuskegee University and West Virginia State University. CSREES also is revising and reinstating a previously approved information collection (OMB No. 0524-0036) associated with these Guidelines.
Notice of Change to Address for Hand Delivery of 2006 Applications to the Market Development Programs, Technical Assistance for Specialty Crops (TASC); Quality Samples Program (QSP); Market Access Program (MAP); Foreign Market Development Program (FMD); and Emerging Markets Program (EMP)
The Commodity Credit Corporation is notifying the public of a change in address for hand delivery (including FedEx, DHL, UPS, etc.) of applications for the programs referenced above. Deliver to: U.S. Department of Agriculture, Foreign Agricultural Service, Marketing Operations Staff, 1400 Independence Ave., SW., Room 4932 South Building, Washington, DC 20250-1042.
Safety Zone: North Portland Harbor Dredging Operations; Portland, OR
The Coast Guard is establishing a temporary safety zone on the Columbia River, in the vicinity of Hayden Island at North Portland Harbor. The Captain of the Port, Portland, Oregon is taking this action to safeguard individuals and vessels from safety hazards associated with dredging operations. Entry into this safety zone is prohibited unless authorized by the Captain of the Port.
Proposed Agency Information Collection Activities: PC-425-1, Fellow/USA Program improvement Survey
The Peace Corps Fellows/USA program is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the Peace Corps is required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of revision of a collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on the Fellows/USA Program Improvement Survey.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of the Christian County, KY, Portion of the Clarksville-Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment for Ozone
EPA is approving a May 20, 2005, final request to redesignate the Christian County, Kentucky, portion of the Clarksville-Hopkinsville 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a Kentucky State Implementation Plan (SIP) revision containing a 12-year maintenance plan for Christian County, Kentucky. EPA is also providing information on the status of the Agency's transportation conformity adequacy determination for the new motor vehicle emissions budgets (MVEBs) for the years 2004 and 2016 that are contained in the 12-year 8-hour ozone maintenance plan for Christian County, Kentucky. EPA is approving such MVEBs in this action. This final rule addresses comments made on EPA's proposed rulemaking previously published for this action.
Notice of Filing of a Pesticide Petition for the Establishment of an Exemption from the Requirement of a Tolerance for Residues of C9 Rich Aromatic Hydrocarbon Fluid (Aromatic 100 Fluid) in or on Food Commodities When Used as an Inert Ingredient in Pesticide Products
This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerance for residues of C9 rich aromatic hydrocarbon fluid (Aromatic 100 Fluid) in or on food commodities when used as an inert ingredient in pesticide products.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires replacing the Gask-O-Seal in the coupling of the refuel/defuel shut-off valves. This AD results from a report that Gask-O-Seals that did not incorporate an integral restrictor to limit fuel flow rate and fuel pressure during refueling were installed on certain airplanes. We are issuing this AD to prevent a buildup of excessive static charge, which could create an ignition source inside the fuel tank.
Notice of Filing of a Pesticide Petition for the Establishment of an Exemption from the Requirement of a Regulation for the Residues of a Pesticide Chemical in or on Food Commodities
This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a regulation for residues of 2-propenoic, 2-methyl-, polymers with ethyl acrylate and polyethylene glycol methylacrylate C18-22 alkyl ethers in or on food commodities when used as an inert ingredient in pesticide products.
Notice of Filing of a Pesticide Petition for the Establishment of an Exemption from the Requirement of a Regulation of a Pesticide Chemical in or on Food Commodities
This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a regulation for residues of polybutylene (CAS Reg. No. 9003-28-5) in or on food commodities when used as an inert ingredient in pesticide products.
Radio Broadcasting Services; Augusta, KY
This document denies a Petition for Reconsideration filed by Augusta/Bracken Broadcasting directed at the staff's letter action dismissing the Petition for Rulemaking proposing the allotment of Channel 294A at Augusta, Kentucky, as the community's first local aural transmission service.
Radio Broadcasting Services; Burnet, Calvert, Cameron, Elgin, Grapeland, Junction, and Mason, TX
This document dismisses the underlying proposal filed by Robert Fabian for a Channel 280A allotment at Grapeland, Texas, and denies a Counterproposal filed by Elgin FM Limited Partnership in response to the Notice of Proposed Rule Making in this proceeding. See 68 FR 42664, July 18, 2003. With this action, the proceeding is terminated.
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