April 16, 2008 – Federal Register Recent Federal Regulation Documents

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, Pub. L. 91-190, 83 Stat. 852, 853, codified as amended at 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision for the Final Management Action Plan and Environmental Impact Statement (Final MAP/EIS) for the National Coal Heritage Area in West Virginia. The Regional Director, Northeast Region, approved the Record of Decision for the project, selecting Alternative C-Focal Point with Corridor Development, which was described on pages II-1 to II-11 of the Final MAP/EIS and announced to the public in a Notice of Availability published in the Federal Register on September 23, 2002. The selected alternative, and three additional alternatives including Alternative D, the No-Action Alternative, were analyzed in the Draft and Final Environmental Impact Statements. Each alternative was evaluated as to how it would guide the priorities, projects, and management of the national heritage area over the following ten years. Management approach, funding sources, and education, preservation, conservation and interpretation opportunities and priorities were all considered during the analysis, as were marketing and tourism opportunities and priorities and the development of physical components including visitor centers, destination centers, a museum, and access corridors. The full range of foreseeable environmental consequences was assessed and disclosed in relation to impacts on historic, cultural, natural and recreational resources, the environment, and the quality of the visitor experience. The NPS will implement Alternative C, the preferred alternative (the selected action), as described in the National Coal Heritage Area Management Action Plan/Environmental Impact Statement for the National Coal Heritage Area because it best reflects and fulfills the goals of the National Coal Heritage Area's mission, as well as the purpose and intent of the National Coal Heritage Area's enabling legislation. The selected alternative is based on a combined focal point/corridor development approach and is a hybrid of Alternatives A and B, which were also evaluated in the National Coal Heritage Area Management Action Plan/Environmental Impact Statement. The selected alterantive includes the nine Destination Centers and Experience Zones proposed in Alternative A and the development of a large-scale, state-of-the-art interpretive and educational museum/visitor center complex near Beckley proposed in Alternative B. The selected alternative is estimated to cost approximately $78 million over a 10-year period. The NPS has selected Alternative C for implementation because it best meets the legislative intent of the National Coal Heritage Area Act to ``develop and implement integrated cultural, historical, and land resource management policies and programs to retain, enhance, and interpret significant values of the lands, water, and structures of the Area.'' The Selected Alternative captures a broad range of visitors and encourages local capacity building simultaneously. It gives visitors several options for exploring the 11-county heritage area with a large interpretive center, several Visitor Centers and nine Destination Centers. The Selected Alternative provides for strong central leadership that would take an active role in the development of a broad-based preservation and conservation effort that is likely to result in increased investment in the NCHA and increased business and employment opportunities. The Record of Decision includes a background of the project, statement of the decision made, synopses of alternatives considered, the basis for the decision, a finding of no impairment of resources and values, and an overview of public and agency involvement in the decision-making process. This decision is the result of a public planning process that began with public outreach meetings in February and March 2000, and the publication of a Notice of Intent to prepare an Environmental Impact Statement for the National Coal Heritage Area Management Action Plan in the Federal Register on July 17, 2001. The official responsible for this decision is the NPS Regional Director, Northeast Region.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), the National Park Service is preparing an environmental impact statement for a general management plan for Gila Cliff Dwellings National Monument, New Mexico. The environmental impact statement will be approved by the Director, Intermountain Region. The general management plan will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the monument over the next 15 to 20 years. The clarification of what must be achieved according to law and policy will be based on review of the monument's purpose, significance, special mandates, and the body of laws and policies directing park management. Based on determinations of desired conditions, the general management plan will outline the kinds of resource management activities, visitor activities, and development that would be appropriate in the future. A range of reasonable management alternatives will be developed through this planning process and will include, at a minimum, no-action and the preferred alternative. The monument does not have a general management plan as required by the Redwood Amendment of 1978 and NPS management policies. Issues to be addressed will include but are not limited to the following: The protection and interpretation options for the cliff dwellings and TJ Ruin and long-term direction for protection and management. The needs of all users (cultural heritage visitors, wilderness hikers, nature watchers, and Native Americans) and the appropriateness and adequacy of current facilities. Identifying and analyzing various options for long-term management of the monument, adjacent land, and facilities.

The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision for the Elk and Vegetation Management Plan, Rocky Mountain National Park, Colorado. On February 15, 2008, the Regional Director, Intermountain Region, approved the Record of Decision for the project. As soon as practicable, the National Park Service will begin to implement the Preferred Alternative contained in the FEIS issued on January 4, 2008. The Final Plan analyzed five alternatives, including a no action alternative (Alternative 1), to manage elk and vegetation within the Park. The four action alternatives each used different combinations of management tools to reduce the elk population size and densities, redistribute elk, restore natural migration, and restore vegetation. All action alternatives emphasized adaptive management. Alternative 2 used intensive lethal reduction (culling) of elk in the first four years of the plan to reach a population size on the low end of the natural range of variation, in combination with minimal fencing. Alternative 4 used a fertility control agent along with gradual lethal reduction (culling) of elk over the 20 year life of the plan to reach a population size on the high end of the natural range of variation, in combination with a moderate amount of fencing. Alternative 5 used introduction of a small number of intensively managed wolves, along with intensive lethal reduction (culling) of elk in the first four years of the plan to reach a population size that incorporated the full range of natural variation, in combination with minimal fencing. The selected action, Alternative 3, relies on a variety of conservation tools including fencing, redistribution, vegetation restoration and lethal reduction (culling). In future years, the park will, using adaptive management principles, reevaluate opportunities to use wolves or fertility control as additional tools. The selected alternative includes the gradual lethal reduction (culling) of elk by National Park Service staff and authorized agents of the National Park Service to achieve an elk population size at the high end of the natural range of variation of 1,600 to 2,100 elk (600 to 800 park subpopulation; 1,000 to 1,300 town subpopulation) by the end of the plan. Inside the park, up to 200 elk will be removed annually over 20 years. To the extent possible, elk carcasses and/or meat resulting from these actions will be donated through an organized program to eligible recipients, including tribes, based on informed consent and pursuant to applicable public health guidelines. Aspen stands (up to 160 acres) on the elk range will be fenced to exclude elk herbivory. Because this alternative will result in a target population at the high end of the natural range, up to 440 acres of suitable willow habitat will be fenced in the high elk-use areas of the primary summer and winter ranges. These temporary fences will be installed adaptively, based on vegetation response to elk management actions as indicated through a monitoring program. To reduce elk densities on the elk range outside of fenced areas, redistribution of the population will occur using herding, aversive conditioning, and use of unsuppressed weapons for culling. The plan incorporates adaptive management and monitoring to determine the level and intensity of management actions needed, including elk population reductions, fencing, herding, and aversive conditioning. Population numbers will be estimated annually and the number of animals to be removed will be determined based on the most current population estimates. If the elk population is within the defined portion of the range of natural variation and vegetation management objectives are being met, no lethal reduction activities will take place. Culling will be administered by the National Park Service and carried out by National Park Service personnel and their authorized agents. For purposes of this plan, ``authorized agents'' can include: Professional staff from other federal, state, or local agencies or tribes; contractors; or qualified volunteers. For all alternatives the full range of foreseeable environmental consequences was assessed, and appropriate mitigating measures were identified. The Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, a description of the environmentally preferable alternative, a finding on impairment of park resources and values, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning its proposal to extend OMB approval of the following information collection: FECA Medical Report Forms (CA-16, CA- 17, CA-20, CA-1087, CA-1090, CA-1303, CA-1305, CA-1331, CA-1332, QCM Letters, OWCP-5a, OWCP-5b, and OWCP-5c) and Claim for Compensation (CA- 7). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The Federal Aviation Administration (FAA) is proposing amending the Order Limiting Scheduled Operations at New York LaGuardia that published in the Federal Register on December 27, 2006. This amendment, if adopted, would reduce the number of reservations available for unscheduled operations from six per hour to three per hour.

FRA's Office of Safety Assurance and Compliance Motive Power and Equipment (MP&E) Division has been notified that certain freight cars equipped with end-of-car cushioning (EOCC) devices may have damage to a 90-degree elbow connected to the trainline angle cock.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of a previously approved information collection and its expected burden. The Federal Register Notice with a 60-day comment period was published on January 22, 2008 [73 FR 3800-3801].

This proposed rule would amend the Department of Veterans Affairs (VA) medical regulations concerning co-payments for inpatient hospital care and outpatient medical care. More specifically, it would designate weight management counseling (individual and group sessions) as a service that is not subject to co-payment requirements. The intended effect of this proposed rule is to increase participation in weight management counseling by removing the co-payment barrier. This proposed rule would also amend the medical regulations by making nonsubstantive changes to correct references to statutory provisions. VA is also using direct final rulemaking for this action because we expect that there will be no significant adverse comments on the rule. (See RIN 2900-AM59). If no significant adverse comments are received, VA will confirm the effective date of the direct final rule and withdraw this proposed rule. If significant adverse comments are received, VA will withdraw the direct final rule and proceed with rulemaking on this proposed rule. A subsequent Federal Register document will be published to announce VA's action.

The Transportation Security Administration (TSA) invites public comment on a new Information Collection Request (ICR) abstracted below that we will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. This collection provides TSA critical facility and annual product through-put information from owners or operators of the nation's largest pipelines, and is necessitated by the requirements set forth in the Implementing the Recommendations of the 9/11 Commission Act of 2007.

We are giving notice that the Secretary of Agriculture is soliciting nominations for the election of regional membership for the General Conference Committee of the National Poultry Improvement Plan.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum californicum (California taraxacum) under the Endangered Species Act of 1973, as amended (Act). We are also notifying the public that we have received new information concerning portions of three proposed critical habitat units (see ``New Information Received'' section) that may result in the final designation of critical habitat differing from the proposed rule published on August 7, 2007 (72 FR 44232). We also announce the availability of the draft economic analysis (DEA) of the proposed critical habitat designation and announce an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, the new information we have received, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted. These comments have already been incorporated into the public record and will be fully considered in preparation of the final rule.

On April 10, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Artalex Global (``ARGLO''). This notice summarizes the conduct for which certification has been granted.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.