November 2006 – Federal Register Recent Federal Regulation Documents

Pursuant to requirements of the National Environmental Policy Act of 1969 (Pub. L. 91-190), the National Park Service is initiating the conservation planning and environmental impact analysis process regarding a commercial services plan proposed for Haleakala National Park. This Notice initiates scoping for the process that is expected to result in changes to the types of commercial services offered in the park and the way they are managed by the park. Haleakala National Park proposes to develop a long-term Commercial Services Plan (CSP) so that increasing visitor use may be accommodated in a manner compatible with the park's mission; and to assure that a full range of necessary and appropriate commercial services are developed and managed so that potential impacts to cultural and natural resources and visitor experience would be minimized. The CSP will be consistent with the park's mission and purpose statements and management goals as specified in legislation and as outlined in the Strategic Plan for Haleakala National Park (fiscal year 2005-2008). Background and Preliminary Issues: Thus far, topics considered necessary to address in developing the CSP include: Assessing if, or the degree to which, commercial service uses of the park and overcrowding are contributing to the degradation of natural and cultural resources, as well as adversely affecting visitor use and appreciation of the park; determining whether public health and safety are being compromised through uncontrolled uses of the park; and evaluating whether commercial services are operated in a manner that is consistent with the mission of the park and/or whether there is a consistent portrayal by commercial service operators of the park message. Information from the public and interested groups is desired so that all pertinent issues and concerns which should be addressed in the conservation planning and environmental impact analysis for the CSP may be identified. At this time, the preliminary range of issues and public concerns deemed necessary to consider include the following: Sunrise atop Haleakala is one of the most promoted tourist activities offered by the visitor industry on Maui. The Summit area of the park frequently receives over 1,300 visitors at sunrise. The concentration of visitor use has resulted in trampling of threatened and endangered plant species, increased social trailing resulting in accelerated erosion, and introduction of non-native species. Sunrise visitation has increased over the past decade to a point that visitors in private vehicles are turned away from parking areas filled beyond capacity on a regular basis by commercial vehicles. Members of the park's Kipuna Groups on Maui indicated that the sacredness of the Haleakala Summit area is diminished by too many people visiting the site, and opportunities to conduct cultural practices in peace are limited. More than one in five visitors to the Haleakala Visitor Center before 8 a.m. felt moderately or more crowded; more than one third of the visitors surveyed before 8 a.m. saw more people than they think the park should allow. Throughout the day, there are other significant peaks of visitation that result in facilities at many park destinations being filled beyond capacity by visitors arriving in private vehicles or on commercial tours (often with simultaneous arrival of several commercial operators). When the parking areas are filled, health and safety concerns result due to inability of emergency vehicles (ambulance, law enforcement, and fire apparatus) to rapidly access these areas. Other NPS concerns include degradation of various park trails resulting partially from commercial horse tour activities. In the Summit Area, trails are used jointly by hikers and by horse riders. The trails are located in fragile ecosystems where the trail tread does not hold up well to excessive use resulting in un- natural erosion. At the trailheads and along the first three to five miles into the backcountry and designated Wilderness, trail crowding from multiple users including commercial horse and hiking tours is diminishing the experience of solitude in Wilderness. The mixed use also leads to conflicts and off-trail damage as hikers seek to move away from dust, manure, and smell of horses. Current permits allow for limited sizes of groups but do not regulate numbers of trips per day or per week. Presently commercial use activities in the Kipahulu area includes guided and unguided hikes along the park's existing visitor trails and horse tour guided trips on a separate trail designated for horses only. Commercial tours typically leave from the same pick-up points and arrive at generally the same time at Kipahulu; this combined with tour vans and buses of various sizes crowd into the parking area causing traffic congestion and crowded hiking (which in turn prompts trampling of vegetation and unsafe off-trail use). Visitor injuries and deaths have occurred in these stream areas and the park discourages visitors from entering these pools and narrow areas. Privately guided hiking activities in the Kipahulu area may also be contributing to formation of social (unauthorized) trails that follow the stream corridor and lead to upstream pools. All park visitors and service providers should be using NPS authorized and maintained trail to minimize resource; the deep trail substrate combined with very high average rainfall causes erosion, deep trenching, and very slippery and dangerous conditions. Scoping Process: At this time, the NPS invites the public, other Federal agencies, Native Hawaiian groups, state and local governments, and all other interested parties to participate in the initial scoping and in the alternative development process. For initial scoping and alternatives development, the most useful comments are those that provide the NPS with assistance in identifying environmental issues, suitable range of alternatives, and other concerns that should be considered early in the commercial services and environmental planning process for these projects. At this time it has not been determined if an Environmental Assessment or an Environmental Impact Statement will be prepared. Although it is anticipated that an Environmental Assessment will be the appropriate level of environmental compliance, this scoping process will aid in the preparation of either document (and responses during this scoping period will be helpful in making this determination). All respondents to this Notice will be included in a mailing list to be used to invite review and comment on the subsequent environmental document. The public scoping period for the commercial services plan has been initiatedall written comments must be postmarked or transmitted not later than 60 days from the date of publication of this Notice (as soon as this date can be confirmed it will be announced on the park's Web site). Interested individuals, organizations, and agencies wishing to provide written comments may respond by regular mail to Commercial Services Plan, c/o Superintendent, Haleakala National Park, P.O. Box 369, Makawao, Maui, HI 96768 (or via e-mail c/o HALECSP@nps.gov). Our practice is to make comments, including names, home addresses, home phone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Public Meetings: The NPS will also conduct a public scoping meeting and open house to provide information about this project, to discuss issues and concerns informally with NPS representatives and to receive written comments. These scoping activities will be conducted on October 17 and 18, 2006. The October 17th meeting will be at 6 p.m. at Helene Hall in Hana. The October 18th meeting will be at 6 p.m. at the Mayor Hanibal Tavares Community Center in Pukulani. Future Information and Decision Process: Future information about this conservation planning and environmental impact analysis process for the proposed commercial services plan will be distributed via direct mailings and announcements in regional and local news media, and updates will be regularly posted on the park's Web site (https:// www.nps.gov/hale). Availability of the forthcoming environmental document for review and written comment will be announced by local and regional news media, the above listed Web site, direct mailing (or in the case of an EIS, also by formal Notice of Availability of a Draft EIS published in the Federal Register). At this time the document is anticipated to be available for public review and comment in late summer, 2007. Comments on the document will be fully considered in the environmental decision-making process and responded to as appropriate. The official responsible for the decision is the Regional Director, Pacific West Region, National Park Service; subsequently the official responsible for implementation would be the Superintendent, Haleakala National Park.

The Secretary of the Interior (Secretary) is announcing the approval of an amendment to the New Mexico regulatory program (the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) and the removal of the remaining condition of program approval. New Mexico proposed addition of rules and revision of a statute concerning the award of costs and expenses, including attorney fees, incurred in connection with the administrative and judicial appeals process. New Mexico revised its program to be consistent with SMCRA and the corresponding Federal regulations.

This action changes the name of the Eastman-Dodge County Airport to Heart of Georgia Regional Airport and establishes Class D airspace at Eastman, GA. On October 9, 1995, the Eastman-Dodge County Airport Authority adopted a name change for the airport. A non-Federal contract tower with a weather reporting system has been constructed at Heart of Georgia Regional Airport. Therefore, the airport meets criteria for Class D airspace. Class D surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action establishes Class D airspace extending upward from the surface to and including 2,500 feet MSL within a 4.1-mile radius of the airport.

Under the Federal Deposit Insurance Reform Act of 2005, the Federal Deposit Insurance Corporation (FDIC) must by regulation set the Designated Reserve Ratio (DRR) for the Deposit Insurance Fund (DIF) within a range of 1.15 percent to 1.50 percent. In this rulemaking, the FDIC establishes the DRR for the DIF at 1.25 percent.

We, the National Marine Fisheries Service (NMFS), announce a 5-year review of the Caribbean monk seal (Monachus tropicalis) under the Endangered Species Act (ESA) of 1973. The Caribbean monk seal was listed as endangered in 1967 under the Endangered Species Preservation Act of 1966 (32 FR 4001) and then again in 1979 following its re- assessment under the ESA (44 FR 21288). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the Caribbean monk seal that has become available since its last status review in 1984 (49 FR 44774). Based on the results of this 5-year review, we will make the requisite findings under the ESA.

FMCSA announces the next public meeting of its Medical Review Board (MRB). The MRB members will continue deliberations about current FMCSA medical standards, as well as consider recommendations for new science-based standards and guidelines to ensure that the physical condition of drivers is adequate to enable them to safely operate commercial motor vehicles (CMVs) in interstate commerce. In accordance with the Federal Advisory Committee Act (FACA), the meeting is open to the public.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

This document announces the auction of certain broadband Personal Communications Services (PCS) licenses scheduled to commence on May 16, 2007 (Auction No. 71). This document also seeks comments on competitive bidding procedures for Auction No. 71.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (P.L.91-190, as amended) and the implementing regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared, and the Regional Director, Pacific West Region has approved, the Record of Decision for the Non-Native Deer Management Plan for Pt. Reyes National Seashore. The formal no-action period was officially initiated August 18, 2006, with the U.S. Environmental Protection Agency's Federal Register notification of the filing of the Final Environmental Impact Statement (EIS). Decision: As soon as practicable the Seashore will begin to implement as its new Non-Native Deer Management Plan the Preferred Alternative (Alternative E) contained in the Draft and Final EIS. The selected plan features a deliberate, long-term strategy targeting eradication of all fallow and axis deer from the Seashore by 2021. A combined program of fertility control (using long-lasting contraceptives) and lethal removal will be instituted, as well as an intensive monitoring program extending for at least 15 years. As documented in the Final EIS, this course of action was deemed to be ``environmentally preferred''. The preferred plan and four alternatives were identified and analyzed in the Final EIS, and previously in the Draft EIS (the latter was distributed in February, 2005). The full spectrum of foreseeable environmental consequences was assessed, and appropriate mitigation measures identified, for each alternative. Beginning with early scoping, through the preparation of the Draft and Final EIS, numerous public meetings were hosted. Approximately 2000 oral and written comments were received during the scoping phase or in response to the Draft EIS. Key consultations or other contacts which aided in preparing the Draft and Final EIS involved (but were not limited to) the California Department of Fish and Game, California State Parks, Marin County Parks and Open Space, Marin Municipal Water District, U.S. Dept. of Agriculture Animal Plant Health Inspection Service, and the U.S. Fish and Wildlife Service. Local communities, county and city officials, and interested organizations were contacted extensively during initial scoping and throughout the conservation planning and environmental impact analysis process. Copies: Interested parties desiring to review the Record of Decision may obtain a complete copy by contacting the Superintendent, Pt. Reyes National Seashore, Point Reyes, CA 94956; or via telephone request at (415) 464-5100.

The Fish and Wildlife Service (Service) announces the availability of a Final Environmental Impact Statement (FEIS), which analyzes the environmental impacts associated with incidental take permits that were previously issued under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), for take of the Alabama beach mouse (Peromyscus polionotus ammobates). The FEIS analyzes the consequences of the proposed action and alternatives to the proposed action. The incidental take permits, previously issued to Gulf Highlands LLC and Beach Club West, involve the construction, occupancy, use, operation, and maintenance of two residential/ recreational condominium development projects on the Fort Morgan Peninsula in Baldwin County, Alabama. For Record of Decision (ROD) availability, see DATES.

Notice is hereby given that a meeting of the Chesapeake and Ohio Canal National Historical Park Advisory Commission will be held at 9:30 a.m., on Friday, January 19, 2007, at the Chesapeake and Ohio Canal National Historical Park Headquarters, 1850 Dual Highway, Hagerstown, Maryland 21740.

On or about December 4, 2006, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a first draft document, Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information (Draft Staff Paper). The purpose of the Staff Paper is to evaluate the policy implications of the key scientific and technical information contained in a related EPA document, Air Quality Criteria for Lead, required under sections 108 and 109 of the Clean Air Act (CAA) for use in the periodic review of the national ambient air quality standards (NAAQS) for lead. On or about December 15, 2006, the OAQPS also will make available for public review and comment the related draft technical support document, Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas (Pilot Phase).

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 September 21, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.