January 25, 2007 – Federal Register Recent Federal Regulation Documents

As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2007-27001 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105- 383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

On August 8, 2006, the Bureau of Indian Affairs (BIA) and the Office of the Secretary proposed to amend several of their regulations related to Indian trust management (see 71 FR 45173). The rule proposes to address Indian trust management issues in the areas of probate, probate hearings and appeals, tribal probate codes, life estates and future interests in Indian land, the Indian land title of record, and conveyances of trust or restricted land. The proposed rule also includes an ``Application for Consolidation by Sale'' form that is associated with one of these amendments. On November 1, 2006, the BIA and the Office of the Secretary reopened the comment period for an additional 60 days to January 2, 2007 (see 71 FR 64181). This notice reopens the comment period an additional 45 days to March 12, 2007. The BIA and Office of Secretary again are extending the comment period by 45 days to ensure that all interested parties, including tribes and individual Indians, have the opportunity to review the proposed rule and prepare their comments.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for two forms: technical training program nominations for non-Federal personnel form (OSM 105) and the travel and per diem form (OSM 140); and for 30 CFR Part 840, State Regulatory Authority: Inspection and Enforcement. The collections described below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and the expected burden and cost.

This notice establishes Class E-2 airspace at Griffiss Airfield, Rome, NY. The opening of a tower and for the protection of instrument approaches make this action necessary. Controlled airspace extending upward from the surface to the base of the overlying controlled airspace is needed to contain aircraft executing an approach. The area would be depicted on aeronautical charts for pilot reference. This was published in the Federal Register on November 17, 2006. 71 FR 66894.

The Emmett Ranger District of the Boise National Forest will prepare an environmental impact statement (EIS) for a resource management project in the Scriver Creek drainage. The entire project area is located in watersheds that drain into the Middle Fork Payette River. The 11,500-acre project area is located approximately 6 miles north of Crouch, Idaho. The agency invites written comments and suggestions on the scope of the analysis. The agency also hereby gives notice of the environmental analysis and decisionmaking process that will occur on the proposal so interested and affected people are aware of how they may participate and contribute to final decision. At this time, no public meetings to discuss the project are planned. Proposed Action: Three purposes have been identified for the project: (1) Modify stand density, structure, species composition, and surface fuels to restore suitable white-headed woodpecker and flammulated owl habitat, in addition to providing forest conditions that are more resistant to insects, disease and wildfire; (2) initiate watershed restoration within the Scriver Creek 6th Field hydrologic unit (subwatershed) to improve watershed conditions and reduce long- term sedimentation caused by existing roads, in addition to reducing road-related impacts to wildlife, fish, soil, and water resources; (3) provide commercial timber that supports local and/or regional sawmills, employment, and economies. The Proposed Action would implement silvicultural activities, including thinning of commercial trees on 2,826 acres (570 acres of commercial thinning, 1,445 acres of commercial thinning followed by prescribed fire, and 811 acres of commercial thinning followed by machine pile and burning). An estimated 928 acres would be harvested with off-road jammer/tractor, 870 acres would be skyline logged and a helicopter would harvest about 1,028 acres. The Proposed Action would employ silvicultural prescriptions including commercial thin, and thinning of submerchantable trees occurring naturally and within about 846 acres of existing plantations. Approximately 16.5 miles of road would be decommissioned, of which an estimated 0.7 mile or road would be decommissioned while leaving the existing drainage and road prism sufficient for a future motorized trail. Approximately 16.1 miles of road improvement on National Forest System (NFS) roads 693, 6930, 695B, and 696 would take place. Roughly 2.4 miles of new specified road and approximately 1.1 miles of temporary road would be constructed to facilitate harvest activities. Approximately 3.8 miles of NFS roads 696 and 693B would be realigned to eliminate roads and road segments paralleling within Riparian Conservation Area (RCA) corridors, and 1.3 miles of NFS road 693A would be reconstructed. Fish passage would be restored by replacing or removing the existing culvert on NFS road 693A and two culverts on NFS roads 693 and 695 would be replaced with fish passable structures. All perennial crossings would have up to 300 feet of surface gravel applied on both sides of the crossing on those roads used in conjunction with timber harvest (except for roads to be decommissioned). Twelve helicopter landings would be developed. Except for administrative use, about 20.5 miles of authorized roads would be closed year-round to motorized use after vegetation treatments are complete. Preliminary Issues: Preliminary concerns with the Proposed Action include potential impacts on water quality and terrestrial wildlife species. Possible Alternatives to the Proposed Action: One alternative to the Proposed Action that has been discussed thus far is a No Action alternative. Other alternatives will likely be developed as issues are identified and information received. Decisions to be Made: The Boise National Forest Supervisor will decide the following: (1) Should vegetation be managed within the project area at this time, and if so, which stands should be treated and what silvicultural systems applied? (2) Should roads be built at this time, and if so, how many miles should be built and where should they occur within the project area? (3) Should identified road maintenance activities occur at this time? (4) Should road decommissioning and realignment take place and which roads and how would this happen? (5) What design features, mitigation measures, and/ or monitoring should be applied to the project?

The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to further secure our Nation's ports and modes of transportation. This rule implements the Maritime Transportation Security Act of 2002 and the Security and Accountability for Every Port Act of 2006. Those statutes establish requirements regarding the promulgation of regulations that require credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). After DHS publishes a notice announcing the compliance date for each Captain of the Port (COTP) zone, persons without TWICs will not be granted unescorted access to secure areas at affected maritime facilities. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners must possess a TWIC by September 25, 2008. This final rule will enhance the security of ports by requiring such security threat assessments of persons in secure areas and by improving access control measures to prevent those who may pose a security threat from gaining unescorted access to secure areas of ports. With this final rule, the Coast Guard amends its regulations on vessel and facility security to require the use of the TWIC as an access control measure. The Coast Guard also amends its merchant mariner regulations to incorporate the requirement to obtain a TWIC. This final rule does not include the card reader requirements for owners and operators set forth in the Notice of Proposed Rulemaking (NPRM) issued in this matter on May 22, 2006. Such requirements will be addressed in a future rulemaking. Although the card reader requirements are not being implemented at this time, the Coast Guard will institute periodic unannounced checks to confirm the identity of the holder of the TWIC. With this final rule, TSA applies its security threat assessment standards that currently apply to commercial drivers authorized to transport hazardous materials in commerce to merchant mariners and workers who require unescorted access to secure areas on vessels and at maritime facilities. This final rule amends TSA regulations in a number of ways. To minimize redundant background checks of workers, TSA amends the threat assessment standards to include a process by which TSA determines if a security threat assessment conducted by another governmental agency or by TSA for another program is comparable to the standards in this rule. TSA amends the qualification standards by changing the list of crimes that disqualify an individual from holding a TWIC or a hazardous materials endorsement. TSA expands the appeal and waiver provisions to apply to TWIC applicants and air cargo employees who undergo a security threat assessment. These modifications include a process for the review of adverse waiver decisions and certain disqualification cases by an administrative law judge (ALJ). TSA also extends the time period in which applicants may apply for an appeal or waiver. Finally, this rule establishes the user fee for the TWIC and invites comment on one component of the fee, the card replacement fee. Under this rule, TSA will begin issuing first generation TWIC cards at initial port deployment locations. These TWIC cards will not initially support contactless biometric operations, but the TWIC cards will be functional with certain existing access control systems in use at ports today. TSA and the Coast Guard have established a working group, comprised of members of the maritime and technology industries, through the National Maritime Security Advisory Committee (NMSAC), a federal advisory committee to the Coast Guard. This working group, in consultation with the National Institute for Standards and Technology (NIST), is tasked with recommending the contactless biometric software specification for TWIC cards. TSA will publish a notice detailing the draft contactless biometric software specification for TWIC cards no later than the date by which it publishes the final TWIC fee as required by this Rule. Currently those notices are expected to be published in February 2007. TSA will subsequently publish a final specification for TWIC contactless biometric software functionality and the associated specifications for TWIC card readers. TSA plans also to write electronically the contactless biometric software application to all issued TWIC cards after publication of this specification. After initial field testing, this additional contactless biometric function will be included with all TWIC cards produced after publication of the contactless biometric software specification. Although this rule goes into effect on March 26, 2007, the requirements to hold a TWIC, and to restrict access to secure areas of a facility or OCS facility, will be effective only after the regulated party is notified by DHS. These notifications will be published in the Federal Register and will require compliance on a COTP by COTP basis. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners must possess a TWIC by September 25, 2008.