2006 – Federal Register Recent Federal Regulation Documents

The OCC, Board, FDIC, OTS, and NCUA (the Agencies), are issuing final Interagency Guidance on Nontraditional Mortgage Product Risks (guidance). This guidance has been developed to clarify how institutions can offer nontraditional mortgage products in a safe and sound manner, and in a way that clearly discloses the risks that borrowers may assume.

The U.S. Army corps of Engineers (Corps) Jacksonville District intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential impacts of further rock mining within wetlands in western Miami-date county, FL. The original EIS, The Rock Mining- Freshwater Lakebelt Plan Programmatic Environmental Impact Statement, issued in May 2000 focused on the potential impacts of a 50-year mining plan within the Lake Belt area. After evaluating the EIS, the Corps issued a Record of Decision and permits that allowed mining within a smaller, 10-year plan in April 2002. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgement was issued on March 22, 2006 as part of Case No. 03- 23427-CIV-HOEVELER, United States District Court Southern District of Florida. The decision instructed the Corps to engage in additional analyses of rock mining in the Lake Belt region. Accordingly, the Corps is preparing this SEIS.

The Export-Import Bank, as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection as required by the Paperwork Reduction Act of 1995.

Notice is hereby given of the intent to fully approve the New York Coastal Nonpoint Pollution Control Program (coastal nonpoint program) and of the availability of the draft Approval Decisions on conditions for the New York coastal nonpoint program. Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. 1455b, requires States and Territories with coastal zone management programs that have received approval under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs. Coastal States and Territories were required to submit their coastal nonpoint programs to the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) for approval in July 1995. NOAA and EPA conditionally approved the New York coastal nonpoint program on November 18, 1997. NOAA and EPA have drafted approval decisions describing how New York has satisfied the conditions placed on its program and therefore has a fully approved coastal nonpoint program. NOAA and EPA are making the draft decisions for the New York coastal nonpoint program available for a 30-day public comment period. If comments are received, NOAA and EPA will consider whether such comments are significant enough to affect the decision to fully approve the program. Copies of the draft Approval Decisions can be found on the NOAA Web site at https://coastalmanagement.noaa.gov/czm/6217/findings.html or may be obtained upon request from: Helen Bass, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone (301) 713- 3155, x175, e-mail Helen.Bass@noaa.gov.

On November 30, 2005, President Bush signed into law the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriation Act, 2006 (Pub.L. 109-115, 119 Stat. 2396, hereafter the Act, or the 2006 Appropriation Act). Section 185 of the Act authorized the Department of Transportation to provide reimbursement to fixed-based general aviation operators and providers of general aviation ground support services at five metropolitan Washington, DC area airports, for the direct and incremental financial losses they incurred while the airports were closed due to Federal Government actions taken after the terrorist attacks on September 11, 2001. The airports are: Ronald Reagan Washington National Airport; College Park Airport in College Park, Maryland; Potomac Airfield in Fort Washington, Maryland; Washington Executive/Hyde Field in Clinton, Maryland; and Washington South Capitol Street Heliport in Washington, DC. A total of up to $17,000,000 was appropriated for this purpose. This proposed rule would establish the eligibility requirements and application procedures for those who may qualify for assistance under this statute.

The Record of Decision (ROD) for the Coal Creek Flood Control and Parkway Final Environmental Impact Statement is now available to the public. On September 1, 2006, the Natural Resources Conservation Service (NRCS) published a Final Environmental Impact Statement consistent with the National Environmental Policy Act of 1969, as amended, to disclose potential effects to the human environment resulting from proposed flood control improvements to Coal Creek in Cedar City, Utah. The ROD authorizes implementation of Alternative C (Replace Main Street diversion/drop structure) in conjunction with the North Field Canal Option and Parkway Option C1.

The Coast Guard is establishing temporary special local regulations for the Sunfish World Championship Regatta located in Charleston Harbor, South Carolina. The event will run from October 1, 2006 through October 6, 2006. This Regulation is necessary to ensure safety and security during this international event, while also reducing the impact to commercial traffic in Charleston Harbor.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS BENFOLD (DDG 65) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

We, the Fish and Wildlife Service, announce the availability of the revised technical agency draft revised recovery plan for the Puerto Rican Parrot (Amazona vittata vittata). The Puerto Rican parrot, largely green with a red forehead and blue flight feathers, is one of nine extant Amazona parrots occurring in the West Indies. Measuring about 29 centimeters (11 inches) in length and weighing about 270 grams (10 ounces), this species is one of the smallest in its genus, although it is similar in size to other Amazona in the Greater Antilles. The current revision of the recovery plan incorporates new information, describes actions considered necessary for the conservation of this species, establishes criteria (important milestones) for recognizing the recovery levels for downlisting from endangered to threatened, and estimates the time and cost for implementing the recovery measures needed. Partnerships are a key element of this revised recovery plan. The Service solicits review and comment on this draft revised recovery plan.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Carlton Bridge across the Kennebec River at mile 14.0, between Bath and Woolwich, Maine. Under this temporary deviation, the bridge may remain in the closed position from 7 a.m. on October 16, 2006 through 8 p.m., on October 17, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the P.J. McArdle Bridge across the Chelsea River at mile 0.3, between Chelsea and East Boston, Massachusetts. Under this temporary deviation, the bridge may remain in the closed position from 6 a.m. to 6 p.m., on October 10, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.

The Coast Guard is establishing special local regulations during the ``Poquoson Seafood Festival Workboat Races'', a marine event to be held October 15, 2006 on the waters of the Back River, Poquoson, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Back River during the event.

The Coast Guard will enforce the special local regulations (SLR's) in the navigable waters of San Francisco Bay for the annual U.S. Navy and City of San Francisco sponsored Fleet Week Parade of Navy Ships and Air Show Demonstration to be held October 5 thru October 8, 2006. This SLR will be used to keep spectator vessels out of the path of parading Navy ships and away from the area directly below participating aircraft during the air show in order to ensure the safety of event participants and spectators.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 777 airplanes. This proposed AD would require repetitive measurements of the freeplay of the right and left elevators, rudder, and rudder tab, and related investigative and corrective actions if necessary. This proposed AD would also require repetitive lubrications of the elevator, rudder, and rudder tab components. This proposed AD results from reports of freeplay-induced vibration of unbalanced control surfaces. Excessive freeplay of control surfaces can cause unacceptable airframe vibration during flight. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are proposing this AD to prevent flutter, which can cause damage to the control surface structure and consequent loss of control of the airplane.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that will be submitted to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under ``30 CFR 250, Subpart L, Oil and Gas Production Measurement, Surface Commingling, and Security.''

The Ocean Research and Resources Advisory Panel will meet to discuss National Ocean Research Leadership Council and Interagency Committee on Ocean Science and Resource Management Integration activities. All sessions of the meeting will remain open to the public.

We are amending the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of Texas from modified accredited advanced to accredited-free. We have determined that Texas meets the criteria for designation as an accredited-free State.

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.

EPA has entered into a consent agreement with Kmart Holding Corporation (``Kmart'' or ``Respondent'') to resolve violations of the Clean Water Act (``CWA''), the Emergency Planning and Community Right- to-Know Act (``EPCRA''), and the Resource Conservation and Recovery Act (``RCRA'') and their implementing regulations. The Administrator is hereby providing public notice of this consent agreement and proposed final order, and providing an opportunity for interested persons to comment on the CWA, EPCRA, and RCRA portions of this consent agreement, in accordance with CWA section 311(b)(6)(C).

The North Pacific Fishery Management Council (Council) has submitted Amendment 67 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). If approved, Amendment 67 would amend the limitations on use of quota share (QS) and individual fishing quota (IFQ) in the Gulf of Alaska (GOA). Under current regulations, IFQ derived from category B QS must be used on vessels greater than 60 ft (18.29 m) length overall (LOA) in Area 2C and the Southeast Outside District, unless the QS is a block of less than or equal to 5,000 lb (2.27 mt), based on 1996 total allowable catches (TACs). This action would allow all category B QS to be fished on a vessel of any length in all areas, including Area 2C, and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws. Comments from the public are welcome.

The National Reconnaissance Office is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The National Reconnaissance Office is proposing to alter a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.