November 9, 2007 – Federal Register Recent Federal Regulation Documents

The Mine Safety and Health Administration (MSHA) is extending the comment period for the Proposed Rule on Mine Rescue Team Equipment for underground coal and metal and nonmetal mines published on September 6, 2007 (72 FR 51338). This extension gives commenters additional time to review recently posted transcripts on MSHA's Web site.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agency must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OM B approval.

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for the collection of Atlantic Highly Migratory Species (HMS) in 2008. In general, EFPs and related permits would authorize collections of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection, public display, and chartering. Generally, these permits will be valid from the date of issuance through December 31, 2008, unless otherwise specified, subject to the terms and conditions of individual permits.

FRA is issuing this notice to advise the public that it will jointly prepare an environmental impact statement (EIS) with the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) to assess the proposed Expanded Moynihan/Penn Station Redevelopment Project (the project) in New York City. The project is a comprehensive public/private development initiative to adaptively reuse the historic James A. Farley Building and the Western Annex (collectively referred to as the Farley Complex) as a new train station (Moynihan West) and relocated Madison Square Garden, to reconstruct critical station and circulation elements at the existing Pennsylvania Station (Penn Station) referred to herein as Moynihan East, and to implement transit-oriented private development. FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by ESDC and its representatives will be considered in the preparation of the EIS. The EIS will be prepared in accordance the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the applicable regulations implementing NEPA as set forth in 40 CFR 1500-1508, FRA's Procedures for Considering Environmental Impacts found at 64 FR 28545 (May 26, 1999), and the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations found at 6 New York Code of Rules and Regulations Part 617. The EIS will also address as necessary Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. 303) (DOT Act) and other applicable federal and state laws and regulations. The EIS will evaluate a ``Preferred Alternative,'' a ``No Action Alternative'' and various build alternatives that modify elements of the Preferred Alternative. There are two options under consideration for the Preferred Alternative. Under either of these options, the development of the Project would occur at the Farley Complex (Block 755) owned by ESDC and bounded by Ninth Avenue to the west, Eighth Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Penn Station Block (Block 781) bounded by Eighth Avenue to the west, Seventh Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Railroad Service Building (Block 780, Lot 60) located mid-block on West 31st Street across the street from Penn Station; the eastern and western portions of the One Penn Plaza Block (Block 783) bounded by Eighth and Seventh Avenues and West 33rd to West 34th Streets; and the United States Postal Service (USPS) Morgan Facility and Annex located on two full blocks (Blocks 726 and 727) bounded by Tenth Avenue to the west, Ninth Avenue to the east and between West 28th and West 30th Streets ESDC may also acquire properties on one or more blocks immediately adjacent to the Penn Station Block to facilitate the construction of a loading dock and other support facilities for Moynihan Station, and to otherwise further the goals of the project. In addition, under one of the two options being considered, the City of New York would establish a new zoning subdistrict (the Subdistrict Option). This Subdistrict Option would allow development rights from the Penn Station Block to be transferred under certain specified conditions to receiving sites located within the subdistrict and at prescribed maximum floor areas. It is anticipated that the boundaries of the proposed subdistrict would include approximately 20 city blocks surrounding the Penn Station Block, extending as far south as West 28th Street, as far north as West 36th Street, as far east as within 200 feet west of Fifth Avenue, and as far west as 200 feet west of Ninth Avenue. In a related zoning action to be examined in the EIS, the City, in connection with the Subdistrict Option only, has proposed to change the underlying zoning classifications for a number of lots or blocks within the proposed subdistrict from manufacturing and commercial uses (M1-5, M1-6, C6-3X, C6-4X and C6-4M) to C6-4. This zoning change, if adopted by the City, would allow residential uses in certain areas where such uses are not currently permitted by zoning.

The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the George C. Musson/Coronado Beach (SR 44) Bridge across the Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, Volusia County, Florida. This deviation is necessary to expedite repairs to the George C. Musson/Coronado Beach Bridge. This deviation allows the bridge to open on signal, except during daylight hours, during which the bridge will open twice.

This notice provides final notice of changes to the Federal Transit Administration's (FTA) 2007 National Transit Database (NTD) Urbanized Area Annual Reporting Manual (Annual Manual). Pursuant to 49 U.S.C. 5335, FTA requires recipients of FTA Urbanized Area Formula Grants to provide an annual report to the Secretary of Transportation via the NTD reporting system according to a uniform system of accounts (USOA). In an ongoing effort to improve the NTD reporting system and be responsive to the needs of NTD data users and of the transit agencies reporting to the NTD, FTA annually refines and clarifies the reporting requirements through revisions to the Annual Manual. On September 5, 2007, FTA published a notice in the Federal Register (72 FR 17564) inviting comments on proposed amendments to the 2007 Annual Manual. This notice provides responses to those comments and announces the availability of the final 2007 Annual Manual.

This notice is intended to announce the posting of the Fiscal Year 2008 Safety Data Improvement Program (SaDIP) Grant Opportunity to Grants.gov (https://www.grants.gov). A tentative schedule for the Fiscal Year 2008 SaDIP grant application and award process is included with the synopsis and application instructions. Grant awards are contingent on passage of the FY 2008 U.S. Department of Transportation appropriations bill, which includes FMCSA appropriations, by Congress and approved by the U.S. President.

NMFS issues a final rule to correct regulations implementing essential fish habitat (EFH) provisions for Alaska fisheries. This final rule clarifies that portions of EFH management areas in the vicinity of the Aleutian Islands are located in State of Alaska (State) waters. This rule also applies EFH vessel monitoring system (VMS) and closure requirements to federally permitted vessels operating in State waters adjacent to the Gulf of Alaska (GOA) and Aleutian Islands subarea. This action is necessary to ensure that federally permitted vessels operating in State waters comply with EFH protection measures.

On July 5, 2007, the Department of Commerce (``the Department'') published the preliminary results of the administrative review of the antidumping duty order on certain cut-to-length carbon steel plate (``cut-to-length plate'') from Romania. The review covers Mittal Steel Galati, S.A. (``MS Galati'') a Romanian producer/exporter of the subject merchandise. This administrative review also covers Metalexportimport SA (``MEI''), an unaffiliated exporter that was not involved with any of the U.S. sales during the period of review and for which the Department is rescinding this review. The period of review is August 1, 2005, through December 14, 2005.\1\

The Wireless Telecommunications Bureau of the Federal Communications Commission is correcting a final rule that appeared in the Federal Register of Tuesday, July 9, 2002 (67 FR 45362). That final rule inadvertently removed provisions of Sec. 27.502 of the Federal Communication Commission's rules, regarding bidding credit percentages for eligible designated entities bidding on licenses in the 746-764 MHz and 776-794 MHz Bands. This document corrects the final regulations by restoring the substance of the removed provisions.

The Copyright Royalty Judges are publishing for comment proposed regulations that set the rates and terms for the use of sound recordings in transmissions made by new subscription services and for the making of ephemeral recordings necessary for the facilitation of such transmissions for the period commencing from the inception of the new subscription service through December 31, 2010.

This action deletes from the Procurement List products and a service previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

The NRC has recently submitted the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to OMB for review. The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: New collection. 2. The title of the information collection: Comprehensive Decommissioning Program, Including Annual Data Collection, OMB 3150- xxxx. 3. The form number if applicable: N/A. 4. How often the collection is required: Annually (to keep site information current). 5. Who will be required or asked to report: Agreement States who have signed Section 274(b) Agreements with NRC and are regulating uranium recovery and/or complex sites undergoing decommissioning. 6. An estimate of the number of annual responses: 68. (2 responses for each respondent.) 7. The estimated number of annual respondents: 34. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 677 hours (approximately 20 hours per respondent). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: Agreement States will be asked to provide information about uranium recovery and complex sites undergoing decommissioning regulated by the Agreement States on an annual basis. The information request will allow the NRC to compile, in a centralized location, more complete information on the status of decommissioning and decontamination in the United States in order to provide a national perspective on decommissioning. The information will be made available to the public by the NRC in order to ensure openness and promote communication to enhance public confidence in the national decommissioning program. This does not apply to information, such as trade secrets and commercial or financial information provided by the Agreement States as privileged or confidential. Information such as financial assurance and the status of decommissioning funding would need to be identified by the Agreement State as privileged or confidential, whereupon the NRC would withhold such information from public access and treat it as sensitive or non-sensitive, per the considerations in 10 CFR 2.390 and 9.17. This does not apply to financial assurance or decommissioning funding information that is already available to the public. Although specific details of the funding mechanisms are treated as confidential, beneficial lessons learned regarding the improvement of decommissioning-related funding will be shared with the Agreement States. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by December 10, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date: Nathan J. Frey, Office of Information and Regulatory Affairs (3150- xxxx), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to NathanJ.Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245.

The Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the effects of designating National Forest System (NFS) roads and trails available for public motorized use on the Vernal Ranger District within the Ashley National Forest. The decision will be to determine whether to include routes that are not currently NFS roads or trails open for public motorized use, establish a season of use and/or type of vehicle use for roads and trails, the prohibition of wheeled motorized vehicle travel off designated NFS roads and trails by the public (except as allowed by permit or other authorization), and change dispersed vehicle camping designations from allowing travel up to 300 feet off road to 150 feet off road. A National Environmental Policy Act (NEPA) decision is not required to designate roads and trails for public motorized uses that are currently part of the National Forest System of roads and trails. Once a decision is made, a Motor Vehicle Use Map (MVUM) will be prepared, in compliance with the 2005 Forest Service Travel Management Rule (36 CFR part 212). The MVUM will show all the routes that are designated for public motorized use on the Vernal Ranger District. The MVUM will be the primary tool used to determine compliance and enforcement with motorized vehicle use designations on the forest. Those existing routes and other non-system routes not designated open on the MVUM will be legally closed to motorized travel. The decisions on motorized travel will not include motorized over-the-snow travel.