August 2006 – Federal Register Recent Federal Regulation Documents

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation allows the new drawbridge to remain closed-to-navigation each day from 10 A.M. to 2 P.M. beginning on August 26, 2006 until and including October 24, 2006, to facilitate completion of the Outer Loop portion for the new Woodrow Wilson Bridge construction project.

This proposal would revise Class E airspace at Sheridan, WY. Additional controlled airspace is necessary to accommodate airspace using the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Sheridan County Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Sheridan County Airport.

The Minerals Management Service requests comments on the Proposed 5-Year OCS Oil and Gas Leasing Program for 2007-2012. This is the second draft of a new program to succeed the current program that expires on June 30, 2007. The first proposalthe draft proposed programwas issued in February for a 60-day comment period that closed on April 11, 2006. Section 18 of the OCS Lands Act (43 U.S.C. 1344) specifies a multi- step process of consultation and analysis that must be completed before the Secretary of the Interior may approve a new 5-year program. The required steps following this notice include the development of a proposed final program and Secretarial approval. Pursuant to the National Environmental Policy Act (NEPA), the MMS also will publish a Final EIS for the new 5-year program.

On August 6, 2002, President Bush signed into law the Trade Adjustment Assistance Reform Act of 2002 (the Reform Act), which amended the Trade Act of 1974, as amended (Act or Trade Act). The Reform Act reauthorized the Trade Adjustment Assistance (TAA) program through fiscal year 2007 and made significant amendments to the TAA program, which generally took effect on November 4, 2002. The Employment and Training Administration (ETA) of the United States Department of Labor (Department or DOL) is publishing this proposed rule to implement the amended TAA program.

This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension and revision of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on April 19, 2006, 71 FR 20118.

This document corrects a typographical error in the FHWA's notice published on August 17, 2006, at 71 FR 47558. The notice announced the availability of a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects as required by 23 U.S.C. 144(r).

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 19, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The Coast Guard proposes to establish a 1200 foot safety zone in the vicinity of National Park Service Beach at Yorktown, VA on October 19, 2006 in support of the Yorktown Day Celebration Evening Fireworks. This action is intended to restrict vessel traffic on York River as necessary to protect mariners from the hazards associated with fireworks displays.

In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard is forwarding two Information Collection Requests (ICRs), abstracted below, to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) to request approval of a revision of the following collections of information: 1625-0066, Vessel and Facility Response Plans (Domestic and Int'l), and Additional Response Requirements for Prince William Sound, Alaska, and (2) 1625-0069, Ballast Water Management for Vessels with Ballast Tanks Entering U.S. Waters. Our ICRs describe the information we seek to collect from the public. Review and comment by OIRA ensures that we impose only paperwork burdens commensurate with our performance of duties.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the publication of the criteria FDA intends to use to accredit third parties to conduct inspections of eligible manufacturers of class II or class III medical devices.

Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Kui Zhu, Ph.D., Cleveland Clinic Research Foundation: Based on accumulated evidence including the Cleveland Clinic Research Foundation (CCF) investigation report (CCF Report) and additional analysis and information obtained by the Office of Research Integrity (ORI) during its oversight review of the CCF Report, the U.S. Public Health Service (PHS) found that Kui Zhu, Ph.D., former postdoctoral fellow, CCF, engaged in misconduct in science by intentionally and knowingly fabricating and falsifying data for figures in two publications and with research funded by National Cancer Institute (NCI), National Institutes of Health (NIH), grants R21 CA84038, R01 CA76204, and T32 CA09056. ORI has implemented the following administrative actions for a period of three (3) years, beginning June 7, 2006: (1) Dr. Zhu is debarred from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government as defined in the debarment regulations at 45 CFR part 76; and (2) Dr. Zhu is prohibited from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant.

In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the State of Utah has revised its Public Water System Supervision (PWSS) Primacy Program by adopting Federal regulations for the Arsenic Rule and Filter Backwash Recycling Rule, which corresponds to 40 CFR Parts 141 and 142. The EPA has completed its review of these revisions in accordance with SDWA, and proposes to approve Utah's primacy revisions for the above stated Rule(s). Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see Supplementary Information, Item B.

The Department of Energy (the Department or DOE), Hydrogen, Fuel Cells and Infrastructure Technologies Program, is requesting position papers or other technical documentation regarding carbon nanotubes for on-board hydrogen storage systems by September 15, 2006. This information will be used as part of DOE's go/no-go process in determining the future of applied research and development of carbon nanotubes for on-board hydrogen storage.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Fowl Laryngotracheitis-Marek's Disease Vaccine, Serotype 3, Live Marek's Disease Vector. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.

The Office of Personnel Management (OPM) is issuing final regulations implementing mandatory employee surveys as required by the National Defense Authorization Act for Fiscal Year 2004. The regulations add a new subpart which requires agencies to conduct an annual survey of their employees. In addition, the final regulations provide a list of questions that must appear in each agency's employee survey.

In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347), the Council on Environmental Quality (CEQ) NEPA Regulations (40 Code of Federal Regulations [CFR] parts 1500-1508), and the United States Air Force's (USAF) Environmental Impact Analysis Process (EIAP, 32 CFR part 989), the Air Force is preparing an EIS to consider the proposed action of transferring certain Air Force Special Operations equipment and personnel to Cannon AFB. The Air Force proposes to transfer aircraft and personnel from Hurlburt Field, Florida, or other existing operational locations to Cannon AFB, New Mexico. Potential AFSOC assets to beddown include aircraft, weapons systems, equipment, and personnel. Growth is planned through Fiscal Year 2013 at Cannon AFB, and AFSOC proposes to begin utilizing Melrose Air Force Range (AFR), existing training airspace, and existing Military Training Routes from Cannon AFB. This NOI describes the Air Force's scoping process and identifies the Air Force's point of contact. As part of the proposal, the Air Force will analyze potential environmental impacts associated with the proposed aircraft, equipment, and personnel transfer, beddown, training, and operations. Background: On June 19, 2006, in accordance with the 2005 Defense Base Closure and Realignment Commission Report, the SECDEF designated the AFSOC's establishment of the 16th Special Operations Wing at Cannon AFB, beginning October 2007, as the new mission for that base. The EIS will analyze the impacts of that proposed action on the environment. AFSOC is considering what aircraft and other equipment to base at Cannon AFB, how best to utilize existing facilities, and what facilities will need to be modified or built. The proposed action will consider moving approximately 90 aircraft and approximately 3,500 personnel to the base. It is possible that additional facilities may need to be constructed at Melrose AFR. The impacts from the proposed actions will be considered in the EIS. In addition, the EIS will also address alternatives to the proposed action, including a ``no action'' alternative. Because the proposed action is to be taken as the result of the BRAC directive to the SECDEF to designate a new mission for Cannon AFB, the basing/installation alternative will be limited to the confines of Cannon AFB and Melrose AFR; however, the airspace alternatives will include Melrose AFR, surrounding Military Training Routes and Military Operations Areas (MOAs) including the Mt Dora MOA, Pecos MOA Complex and Bronco MOA.

We, the Fish and Wildlife Service, have received applications from Alabama South Pools, Ms. Debbie Bankster, Baron Investments, Mr. Horton Bateman, BIOA LLC, Mr. Christopher Celeslie, Mr. Claud Clark, Mr. Robin Crick, Mr. Lawrence Dalgo, Mr. Erik Daniels, Mr. William Erwin, Mr. Mark Freeman, Mr. Mike Halliday, Mr. Leo Hastings, Harrison Building, Mr. Walter Lindsey, Mr. William Lingsch, Mr. Brian Litton, LK&K LLC, Mr. Michael Llop, Mr. Danny Mason, Mr. Lannie McRill, Mr. Michael Molleston, Mr. Johnny Moore, Ms. Margaret Pickering, Mr. Robert Relinski, Mr. Michael Sciortino Sr., Mr. Preston Simmons, Mr. Claude Sims, Mr. Gary Smith, Mr. Ron Spivey, Mr. Mike Stoddard, Mr. Larkin Strong, Mr. Robert Susko, TBI LLC, Mr. John Wales, and Mr. Kenneth Wallis (applicants) for incidental take permits (ITPs) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (Act), as amended for the take of Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to the otherwise lawful activity of constructing 32 single- family residences, 13 duplex residences, and expansion of 3 existing residences on the Fort Morgan Peninsula in Baldwin County, Alabama. The applicants have prepared Habitat Conservation Plans (HCPs) specifying, among other things, the impacts that are likely to result from the taking and the measures each applicant would undertake to minimize and mitigate such impacts. We have prepared an environmental assessment (EA), which assesses the impacts of the proposed actions.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM), Dakotas Resource Advisory Council will meet as indicated below.