April 18, 2008 – Federal Register Recent Federal Regulation Documents

The Alaska Region of the Forest Service is proposing a revised regional flat fee policy in place of the proposal published in the Federal Register on September 15, 2006 (71 FR 54454). The revised policy differs enough from the original proposed policy to merit public notice and comment.

The Federal Council on the Arts and the Humanities is adopting as a final rule, without change, the amendments which were published in the Federal Register as a proposed rule on March 4, 2008. The amendments reflect Congress's authorization of a Domestic Indemnity Program under section 426 of The Consolidated Appropriations Act of 2008, Public Law 110-161 (December 26, 2007), and provide examples to guide applicants considering applying for indemnification of exhibitions with domestic or foreign-owned objects.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of airport land from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of a 0.1766-acre portion of Parcel 3 and a 0.9776 acre portion of Parcel 5, totaling 1.1542 acres. Presently the land is vacant and used as open land for control of FAR Part 77 surfaces and compatible land use and is not needed for aeronautical use, as shown on the Airport Layout Plan. The Parcels were acquired in 1988 with Federal participation. It is the intent of the City of Aurora, as owner and operator of the Aurora Municipal Airport (AMA), to sell the subject portions of Parcels 3 & 5 (1.1542 Acres) in fee to the Village of Sugar Grove, for the construction of Municipal Drive. AMA would, in return, receive land equivalent in acreage and value (a portion of Parcel 4) from the Village of Sugar Grove. This notice announces that the FAA is considering the proposal to authorize the disposal of the subject airport property at the Aurora Municipal Airport, Sugar Grove, IL. Approval does not constitute a commitment by the FAA to financially assist in disposal of the subject airport property nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. In accordance with section 47107(h) of Title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

The U.S. Army Corps of Engineers, New England District in partnership with the Massachusetts Port Authority (Massport) has prepared a joint Draft Supplemental Environmental Impact Statement and State Draft Environmental Impact Report (DSEIS/DEIR) examining improvements to deep-draft navigation channels in Boston Harbor, Boston, MA. Four separate improvements were developed. The first examined deepening the outer and lower harbor's existing 40-foot channel system to provide deeper access to Massport's Conley Terminal in South Boston for containership traffic. All depths are referenced to minus mean lower low water (MLLW). Navigation channel depths of between 45 to 50 feet were examined, with a depth of 48 feet recommended, with an additional two feet in the entrance channel. Under this plan the following project features would be improved: the 40-foot lane of the Broad Sound North Entrance Channel would be deepened to 50 feet and widened through the bend at Finn's Ledge. The 40-foot lane of the Main Ship Channel from the Broad Sound North Entrance Channel upstream through President Roads to the Reserved Channel would be deepened to 48 feet and its 600-foot-wide reaches widened to between 800 and 900 feet, with additional width in the bends. The 40-foot lower reach of Reserved Channel and its turning area would be deepened to 48 feet, with the turning area also widened to 1600 feet. The 40-foot President Roads Anchorage would be deepened to 48 feet. The second improvement would deepen the existing 40-foot lane of the Main Ship Channel from the Reserved Channel Turning Area upstream to just below the Third Harbor Tunnel to a depth of 45 feet, to improve access to the Massport Marine Terminal in South Boston. The third improvement would deepen a portion of the 35-foot Mystic River Channel lane to 40 feet to improve access to Massport's Medford Street Terminal. The fourth and final improvement would deepen the 38-foot Chelsea River Channel to 40 feet, with minor widening in the bridge approaches and the bend between the bridges. In conjunction with work in the Federal channels, the Massachusetts Port Authority would deepen vessel berths at the Conley Terminal and Marine Terminal. Terminals on the Chelsea River would also deepen their berths to match the new channel depth. A total of about 12.1 million cubic yards (cy) of parent material, and 1.2 million cy of rock, would be removed by dredging and placed at the Massachusetts Bay Disposal Site (MBDS). Beneficial use opportunities for the dredged material have been identified and would be considered further during final design of the project. Those beneficial use opportunities include: creation of rock reefs in Massachusetts Bay and Broad Sound, and using the non-rock material as cover at the former Industrial Waste Site, which overlaps the MBDS. This joint Federal and State document builds on the lessons learned from the final EIR/S prepared in June of 1995 for the previous navigation improvement project in Boston Harbor.

This notice announces the availability of two interaction profiles prepared by ATSDR for public comments [draft documents].

This final rule revises MSHA's Emergency Temporary Standard (ETS) and addresses sealing abandoned areas in underground coal mines. The final rule includes requirements for seal strength, design, construction, maintenance and repair of seals and monitoring and control of atmospheres behind seals in order to reduce the risk of seal failure and the risk of explosions in abandoned areas of underground coal mines. It also addresses the level of overpressure for new seals.

This rule increases the assessment rate established for the South Texas Onion Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.02 to $0.03 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.