November 22, 2006 – Federal Register Recent Federal Regulation Documents

The purpose of this notice is to announce the availability of, and invite public review and comment on, the Environmental Appendix prepared by the Dakota, Minnesota and Eastern Railroad Corporation (DM&E) and the Iowa, Chicago & Eastern Railroad Corporation (IC&E), which the railroads submitted to the Board on November 9, 2006. The Environmental Appendix sets forth the contention of DM&E and IC&E that their acquisition of rail lines formerly owned by I&M Rail Link (IMRL) will not materially alter the traffic projections or routings for DM&E's Powder River Basin coal traffic that have already been considered in a separate but related rail construction case, and that therefore no formal analysis of the cumulative impacts of these transactions is required under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., or the National Historic Preservation Act of 1966 (NHPA), 16 U.S.C. 470. Briefly summarized, in a separate proceeding initiated in 1998, four years before the filing of the instant acquisition proceeding, DM&E sought approval to construct and operate some 280 miles of new rail line so that it could reach coal mines in Wyoming's Powder River Basin (PRB) and thereby generate adequate revenue to rehabilitate DM&E's existing rail system in South Dakota and Minnesota (DM&E Construction). During that proceeding it was contemplated that DM&E's PRB coal traffic would move from DM&E's new line to various interchange points with other carriers on DM&E's existing line. One of the interchange points considered in detail was Owatonna, Minnesota, where DM&E's PRB coal traffic was expected to be transferred to the lines that were then owned by IMRL to reach some of the utilities in DM&E's core markets. Following extensive environmental review, the Board authorized the DM&E Construction in 2002. Following litigation, a remand by the Eighth Circuit Court of Appeals, and subsequent supplemental environmental analysis, the Board once again authorized the DM&E construction project in 2006. Judicial review of that decision is currently pending. On June 7, 2002, about 5 months after the Board had authorized the DM&E Construction, IC&E filed a notice of exemption in this proceeding to acquire and operate the lines of IMRL. In a related transaction, on August 29, 2002, DM&E and its subsidiary Cedar American Rail Holdings, Inc., filed an application with the Board seeking approval for control of IC&E. In decisions issued on July 22, 2002 and February 3, 2003, the Board allowed both IC&E's acquisition of IMRL and DM&E's control of IC&E to go forward subject to a traffic restriction prohibiting DM&E and IC&E from moving DM&E coal trains to or from the PRB over the newly acquired IMRL lines until the Board could consider what, if any, environmental review of cumulative environmental impacts (that is, impacts from more DM&E coal trains operating over the former IMRL lines as a result of the change in ownership of IMRL than would otherwise have moved over the IMRL lines) was warranted. The Board also directed that it be notified if and when DM&E starts construction of its new rail line and be provided with information regarding any anticipated additional DM&E PRB coal trains that would move on the IMRL lines as a result of the acquisition. In response to a petition filed by DM&E and IC&E asking that the above conditions should be lifted, the Board issued a decision on October 18, 2006, in the acquisition proceeding. In that decision, the Board agreed with DM&E and IC&E that it is not necessary to wait until DM&E actually begins construction of its new line to determine the level of further environmental review, if any, that is appropriate to consider in the acquisition case any cumulative effects of the construction and acquisition proceedings. The Board further directed DM&E and IC&E to prepare an Environmental Appendix setting out the basis for their contention that the change in ownership of IMRL does not materially alter the traffic projections or routings for DM&E's PRB coal traffic previously considered in the DM&E Construction case and that therefore there is no need for any further environmental review under NEPA or historic review under the NHPA. The railroads submitted their Environmental Appendix to the Board on November 9, 2006. To afford the public an opportunity to review and comment on DM&E's and IC&E's position, the entire text of the Environmental Appendix has been posted on the Board's Web site. The railroads also have distributed the Environmental Appendix to certain agencies and communities, as well as all of the parties on the Board's service list in the acquisition case and have published newspaper notices. Interested members of the public are invited to submit comments on any potentially significant impacts related to the cumulative effects, if any, of the acquisition and DM&E Construction to the Board's Section of Environmental Analysis (SEA) by December 11, 2006. Directions on how to submit comments are set forth below. Based on SEA's consideration of all timely comments and its own independent review of all available environmental information, SEA will make a recommendation to the Board regarding what level of further environmental review, if any, is warranted here. The Board will then determine whether to issue a finding of no significant environmental impact (FONSI), or, alternatively, to prepare either an Environmental Impact Statement or an Environmental Assessment to examine cumulative effects of the two proceedings. The Environmental Appendix may be viewed on the Board's Web site by going to https://www.stb.dot.gov and clicking on ``E-Library,'' then clicking on ``Filings.'' The Environmental Appendix is listed under November 9, 2006, and is identified by Filing ID No. 218058 and Docket No. FD341170. If you wish to submit written environmental comments, please provide SEA with a signed original. Environmental comments may also be filed electronically on the Board's Web site, https://www.stb.dot.gov, by clicking on the ``E-FILING'' link. Please refer to STB Finance Docket No. 34177 in all correspondence, including e-filings, to the Board in this proceeding. Written comments are due to SEA by December 11, 2006, and should be sent to the following address: Finance Docket No. 34177, Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. Please write the following in the lower left-hand corner of the envelope: Environmental Filing. Any questions or requests for additional information about the Board's environmental review process should be directed to Victoria Rutson of the Board's Section of Environmental Analysis at (202) 565- 1545.

The Branch for the Study of the United States, Office of Academic Exchange Programs, Bureau of Educational and Cultural Affairs, announces an open competition for the ``Iraqi Young Leaders Exchange Program for Undergraduate Students,'' a series of six- week thematic institutes to take place at four different host institutions during the summers of 2007 and 2008. Accredited post- secondary education institutions in the United States and public and private non-profit organizations or consortia of organizations may submit proposals to cooperate with the Bureau in the administration and implementation of this program. Each institute should provide a group of 15-20 highly motivated Iraqi undergraduate students with an integrated and imaginatively designed academic program that includes structured classroom instruction in one of the following four themes: science and technology; media and journalism; entrepreneurship; and public policy. Each institute should incorporate a leadership component and integrate practical learning opportunities related to the institute's theme. In addition, each institute will include an educational travel program that will give participants a deeper understanding of U.S. culture and society. All participants will be expected to return to Iraq immediately following the conclusion of the program. The awarding of the grant for this program is contingent upon the availability of funds (prior year Economic Support Funds, which, at the time of this publication, are pending transfer to ECA for obligation).

NOAA publishes this notice to reopen the solicitation period on the ``NOAA Office of Hydrologic Development Hydrologic Research Announcement of Opportunity, FY 2007,'' which was originally announced in the Federal Register on June 12, 2006. This notice is being modified to more fully explain ensemble streamflow forecasting. This notice applies to only those applicants who have already submitted pre- proposals. The solicitation period is being extended from June 12, 2006, to December 15, 2006, to provide pre-proposal applicants the opportunity to submit revised proposals.

The Copyright Office is extending the time in which reply comments can be filed in response to its Notice of Inquiry regarding the retransmission of digital television broadcast signals by cable operators under the Copyright Act.

Notice is hereby given that the State of Texas is revising its approved Public Water System Supervision Program. Texas has adopted the Lead and Copper Rule Minor Revisions (LCRMR), the Filter Backwash Recycling Rule (FBRR), and the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). EPA has determined that the proposed LCRMR, FBRR and LT1ESWTR revisions submitted by Texas are no less stringent than the corresponding federal regulation. Therefore, EPA intends to approve the program revisions.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 9783T, EFTPS Individual Enrollment with Third Party Authorization Form.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice than an environmental impact statement is not being prepared for the Plum Creek Watershed, FRS18, Spencer County, Kentucky.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulations (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the rehabilitation of Floodwater Retarding Structure No. 6 of the Big Creek Watershed, Craighead County, Arkansas.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

We propose to supersede Airworthiness Directive (AD) 2002-21- 11, which applies to certain EXTRA Flugzeugbau GmbH (EXTRA) Model EA- 300S airplanes. AD 2002-21-11 currently requires you to inspect, using a fluorescent dye check penetrant method, the upper longeron at the horizontal stabilizer attachment for cracks, repair any cracks found, and modify the horizontal stabilizer. That AD also requires a limit on operation to the Normal category until the initial inspection and modification on airplanes with less than 200 hours time-in-service (TIS) is done. Since we issued AD 2002-21-11, cracks have been found on Models EA-300L and EA-300/200 airplanes. Consequently, this proposed AD adds airplanes to the applicability and requires you to inspect and modify the upper longeron at the horizontal stabilizer attachment. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are proposing this AD to detect and correct cracks in the upper longeron at the horizontal stabilizer attachment, which could result in structural failure of the aft fuselage. This failure could lead to loss of control.

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency is proposing to enter into a settlement for reimbursement of past response costs concerning the General Electric Rome Site located in Rome, Floyd County, Georgia.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing, approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public that on November 15, 2006 EPA issued the secondary containment grant guidelines and made the guidelines available on EPA's Web site at: https://www.epa.gov/[fxsp0]oust/fedlaws/epact05.[fxsp0]htm#Fin al. In this notice, EPA is publishing the secondary containment grant guidelines in their entirety. EPA developed the secondary containment grant guidelines as required by section 9003(i)(1) of Subtitle I of the Solid Waste Disposal Act, as amended by section 1530 of the Energy Policy Act of 2005.

The EPA Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the chartered SAB to: (1) Discuss science use in disaster response programs; (2) conduct a quality review of the draft SAB Report on Office of Pollution Prevention and Toxics (OPPT) Estimation Programs Interface Suite; and (3) continue planning for upcoming SAB meetings.

This document announces the procedures and minimum opening bids for the upcoming auction of licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands, and in the unpaired 1390-1392 MHz band. This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for this auction.