July 2006 – Federal Register Recent Federal Regulation Documents

The Forest Service is extending the public comment period an additional 30 days for the Proposed Native Plant Material Policy (FSM 2070). The Forest Service is proposing to establish a new directive to Forest Service Manual (FSM) 2070 for native plant materials, which will provide direction for the use, growth, development, and storage of native plant materials. Public comment is invited and will be considered in development of the final directive. A copy of the proposed directive is available at https://www.fs.fed.us/rangelands/ whoweare/documents/FSM2070Final2062905.pdf

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection related to the 30 CFR 77.1101; Escape and Evacuation Plans.

In accordance with the requirements of section 122(h)(1) of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is hereby given of the proposed administrative settlement under section 122(h) of CERCLA, 42 U.S.C. 9622(h) between the U.S. Environmental Protection Agency (``EPA'') and Mineral County Montana; the Town of Superior, Montana; and the Superior School District, Montana (collectively, ``Settling Parties''). The Settling Parties will consent to and will not contest the authority of the United States to enter into this Agreement or to implement or enforce its terms. In return, the Settling Parties receive a Covenant Not to Sue from EPA. The EPA has incurred response costs totaling approximately $1,109,446.43 through February 28, 2006, and any additional Response Costs through the present date. EPA alleges that Settling Parties are Potentially Responsible Parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and are jointly and severally liable for Response Costs incurred and to be incurred at or in connection with the Site. EPA has reviewed the financial information submitted by Settling Parties and based upon this information, EPA has determined that none of the three Settling Parties has the financial ability to pay for Response Costs incurred and to be incurred at the Site. The Settling Parties agree to provide EPA access at all reasonable times to the Site and to any other property owned or controlled by the Settling Parties for the purpose of conducting any response activity related to the Site. The Settling Parties shall refrain from using the Site, or such other property, in any manner that would interfere with or adversely affect the implementation, integrity, ongoing operations and maintenance of the containment cell or protectiveness of the Site response. Such restrictions are defined as Institutional Controls, and are part of the subject Agreement. The Settling Parties agree to fulfill all Notice and Recording requirements associated with the terms of the subject Agreement. The Settling Parties have executed and recorded certain Institutional Controls in the Office of the Clerk and Recorder of Mineral County, Montana and provided EPA with a certified copy of the original recorded Institutional Controls, showing the clerk's recording stamps. Notwithstanding any provision of this Agreement, EPA retains all of its access authorities and rights, including enforcement authorities related thereto, under CERCLA, the Resource Conservation and Recovery Act (RCRA), and any other applicable statutes or regulations. EPA's covenant not to sue is conditioned upon the satisfactory performance by the Settling Parties of their obligations under this Agreement. This covenant not to sue is also conditioned upon the veracity and completeness of the Financial Information provided to EPA by the Settling Parties. The Settling Parties recognize that this Agreement has been negotiated in good faith and that this Agreement is entered into without the admission or adjudication of any issue of fact or law.

In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year (FY) 2005 Notice of Funding Availability (NOFA) for the Indian Community Development Block Grant (ICDBG) Program. This announcement contains the consolidated names and addresses of this year's award recipients under the ICDBG.

The FAA proposes to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. This proposed AD would require modifying the nose landing gear. This proposed AD results from reports of loss of the nose wheel assembly. We are proposing this AD to prevent the nose wheel nut from loosening, and consequently, the nose wheel assembly detaching from the airplane; and to prevent the nose wheel clamping loads from applying to the machined radius at the root of the stub axle, which could result in damage to the nose landing gear.

The Office of the Comptroller of the Currency (OCC) is adopting in final form, without change, an interim final rule that amended our regulations at 12 CFR part 8 concerning the timing of payments of OCC assessments. The interim rule replaced the process used to determine the amount of assessment due to the OCC. Previously, national banks were required to make the initial calculation of the amount due to the OCC. Under the interim rule, the OCC, rather than each national bank, calculates the semiannual assessment based on the most recent Consolidated Reports of Condition and Income (Call Report). The assessment is due by March 31 and September 30 of each year, two months later than under the previous process. Thus, payments that would have been due on January 31 of each year are instead due on March 31, and payments that would have been due on July 31 are due on September 30 of each year. The OCC will notify each national bank of the amount of its semiannual assessment and automatically deduct that amount from each bank's designated account on the payment due date. The interim rule changed the assessment collection process only; it did not make any changes to the method for calculating assessments due from national banks.

Robert Catlow, Ali Markieh, Dustin Stone, Pete Knudsen, and Peter Intoccia (Applicants) each request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested term for each is one year, except for Markieh who requests a two-year permit term. The Applicants anticipate taking a total of about 1.21 acres of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single- family homes and supporting infrastructure in Brevard County, Florida (Project). The destruction of 1.21 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub- jays. The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the name of one person whose property and interests in property have been unblocked pursuant to Executive Order 13348 of July 22, 2004, Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia, and pursuant to 31 CFR 501.807.

This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Pennsylvania (FEMA-1649-DR), dated 07/04/2006. Incident: Severe Storms, Flooding, and Mudslides. Incident Period: 06/23/2006 through 07/10/2006. Effective Date: 07/14/2006. Physical Loan Application Deadline Date: 09/05/2006. EIDL Loan Application Deadline Date: 04/04/2007.

In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to establish a new system of records entitled Attorney and Eligible Direct Pay Non- Attorney (EDPNA) 1099-MISC File, hereinafter referred to as the Attorney/EDPNA 1099-MISC File system of records, and routine uses applicable to the system of records. We are also issuing notice that we may disclose personally identifiable information from the Attorney/ EDPNA 1099-MISC File to consumer reporting agencies in accordance with 5 U.S.C. 552a(b)(12) and 31 U.S.C. 3711(e). Further, we give notice that we will disclose the taxpayer identification numbers (TIN)/Social Security numbers (SSN) and other information maintained in this file to employers for the purpose of reporting and collecting delinquent debts that may arise out of representational fee payments made to representatives. See 31 U.S.C. 7701(c)(3). We invite public comment on this proposal.

In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to alter an existing system of records entitled Medicare Part D and Part D Subsidy File, 60-0321. The proposed alterations will result in the following changes to the system of records:

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are cancelled without prejudice.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker: