May 29, 2008 – Federal Register Recent Federal Regulation Documents

In Executive Order 13212, Actions to Expedite Energy-Related Projects, the President ordered that executive departments and agencies take appropriate actions ``to expedite projects that will increase the production, transmission, or conservation of energy.'' In addition, Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109- 58) provides that the Secretary of the Interior (the Secretary) should, within 10 years of enactment of the Act, ``* * * seek to have approved non-hydropower renewable energy projects located on the public lands with a generation capacity of at least 10,000 megawatts of electricity.'' DOE and BLM (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. The Agencies have determined that specific actions should be taken to further such energy development. The Agencies are considering the development and implementation of agency-specific programs that would establish environmental policies and mitigation strategies (e.g., best management practices and siting criteria) related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE proposes to develop a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of DOE supported solar energy projects on BLM-administered lands or other Federal, State, tribal, or private lands. The BLM would establish its own environmental policies and mitigation strategies to use when making decisions on whether to issue rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. The Agencies have determined that a programmatic environmental impact statement (PEIS) under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) is appropriate for the establishment of specific agency-wide solar energy programs and additional related policy. The Agencies are issuing this Notice of Intent to inform the public about the proposed actions; announce plans to conduct eight public scoping meetings; invite public participation in the scoping process; and solicit public comments for consideration in establishing the scope and content of the PEIS, alternatives, and environmental issues and impacts. The Agencies will prepare the PEIS in accordance with NEPA; the Council on Environmental Quality regulations (40 CFR Parts 1500-1508); the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, et seq.) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's planning regulations, 43 CFR Part 1600.

The Department of Homeland Security (DHS), United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program, is issuing this notice to advise the public of a public hearing on June 13, 2008, in Arlington, Virginia, on ``Collection of Alien Biometric Data upon Exit from the United States at Air and Sea Ports of Departure,'' docket DHS-2008-0039.

This document announces the procedures and minimum opening bids for the upcoming auction of AWS-1 and Broadband PCS Licenses (Auction 78). This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for the auction.

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463), the purpose of this notice is to announce that the Federal Communications Commission (FCC) has renewed the charter for the ``WRC- 11 Advisory Committee'' for a two-year period through May 23, 2010. The WRC-11 Advisory Committee is a federal advisory committee under the Federal Advisory Committee Act.

NMFS proposes regulations to exempt groundfish catcher/ processors and motherships equipped with an operational vessel monitoring system (VMS) transmitter from check-in/check-out requirements. This action does not repeal the requirement for submission of a check-in/check-out report by catcher/processors and motherships. This action would reduce the paperwork submissions required from catcher/processors and motherships and change the definitions for ``active'' period for motherships and trawl, hook-and- line, and pot gear catcher/processors. This action would reduce administrative costs for both the fishing industry and NMFS.

The Food and Drug Administration (FDA) has determined the regulatory review period for LUCENTIS and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of Patents and Trademarks, Department of Commerce, for the extension of patents which claim that human biological product.

This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1757-DR), dated May 19, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of Maine (FEMA-1755-DR), dated May 9, 2008, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1756-DR), dated May 14, 2008, and related determinations.

This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1740-DR), dated January 30, 2008, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Arkansas (FEMA-1758-DR), dated May 20, 2008, and related determinations.

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing changes to the identifying information associated with one entity previously designated on May 15, 2008, pursuant to Executive Order 13405 of June 16, 2006, ``Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus.''

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection(s) associated with section 73.682(d) of the rules. On January 30, 2008, the Commission established May 29, 2008 as the effective date for this rulesection 73.682(d)in the summary document of the Report and Order, which was published in the Federal Register at 73 FR 5634. The Ordering Clause of the Report and Order stated that the Commission would publish a notice in the Federal Register announcing when OMB approval for this rule section has been received and when this rule will take effect. This notice is consistent with the statement in the Report and Order.

This action proposes to revise Class E airspace at Kivalina, AK. Two Standard Instrument Approach Procedures (SIAPs) are being amended for the Kivalina Airport at Kivalina, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Kivalina Airport, Kivalina, AK.

This action realigns the internal boundaries and amends the time of designation and using agency title for restricted areas R- 5314A, B, C, D, E, and F; amends the time of designation and using agency title for R-5314H and J; and revokes R-5314G. The FAA is taking this action to enhance the safety and operational efficiency of the Dare County Range.

This action proposes to revise Class E airspace at Prospect Creek, AK. Three Special Standard Instrument Approach Procedures (SIAPs) are being developed for the Prospect Creek Airport at Prospect Creek, AK. Additionally, two Special SIAPs and a Special textual Obstacle Departure Procedure (ODP) are being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Prospect Creek Airport, Prospect Creek, AK.

This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on February 19, 2008. The FAA proposed to establish Class E airspace at the White Hills Airstrip, AK, to support the installation of instrument approach procedures. The FAA has since been advised by the proponent that the airstrip will not be used for instrument approaches in the near term. Therefore, the FAA has determined that withdrawal of the proposed rule is warranted.

This action proposes to establish Class E airspace at Eek, AK. Two Standard Instrument Approach Procedures (SIAPs) and a textual Obstacle Departure Procedure (ODP) are being developed for the Eek Airport at Eek, AK. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at the Eek Airport, Eek, AK.

In accordance with 43 CFR 420 ``Off Road Vehicle Use'', the Bureau of Reclamation is opening a 35 acre area to off-road-vehicle (ORV) use at Belle Fourche Reservoir. The legal description of the ORV area is: T. 9 N., R. 4 E., Section 18, SE1/4 NE1/4 and NE1/4 SE1/4. The ORV area will allow Reclamation to direct and concentrate ORV use and effectively enforce elimination of unmanaged ORV use at other areas of the reservoir. The ORV area would be open to dirt bikes and 4-wheelers and other similar size vehicles but not to full size vehicles. Reclamation will provide for law enforcement patrols and inspections of the area. Regulations for the ORV area will be posted at the entrance. The perimeter will be marked by signs or fences. ORV use will only be allowed within this area. Outside of the ORV area, motorized vehicles will be restricted to established gravel or paved roads and must be legally licensed and operated by a licensed driver in accordance with South Dakota State law. The regulations for the Belle Fourche Reservoir ORV area are as follows: Requirementsvehicles: Each off-road vehicle that is operated on Reclamation lands shall meet the following requirements: (a) It shall conform to applicable State laws and vehicle registration requirements. (b) It shall be equipped with a proper muffler and spark arrestor in good working order and in constant operation. The spark arrestor must conform to Forest Service Spark Arrestor Standard 5100-1a, and there shall be no muffler cutout, bypass, or similar device. (c) It shall have adequate brakes and, for operation from dusk to dawn, working headlights and taillights. Requirementsoperators: (a) Operators shall comply with any applicable State laws pertaining to off-road vehicles. (b) Each operator of an off-road vehicle operated on Reclamation lands shall possess a valid motor vehicle operator's permit or license; or, if no permit or license is held, he/she shall be accompanied by or under the immediate supervision of a person holding a valid permit or license. (c) During the operation of snowmobiles, trail bikes, and any other off road vehicle the operator shall wear safety equipment, generally accepted or prescribed by applicable State law or local ordinance for use of the particular activity in which he/she is participating. (d) No person may operate an off-road vehicle (1) in a reckless, careless or negligent manner; (2) in excess of established speed limits; (3) while under the influence of alcohol or drugs; (4) in a manner likely to cause irreparable damage or disturbance of the land, wildlife, vegetative resources, or archeological and historic values of resources; or (5) in a manner likely to become an unreasonable nuisance to other users of Reclamation or adjacent lands.