July 2008 – Federal Register Recent Federal Regulation Documents

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Final Environmental Impact Statement for the Avalanche Hazard Reduction by Burlington Northern Santa Fe Railway in Glacier National Park and Flathead National Forest, Montana. Four alternatives were analyzed: (A) No Action, (B-Preferred) No Explosive Use Permitted except under emergency extenuating circumstances, (C) Explosive Use Permitted for up to 10 Years, provided that BNSF agrees to construct snowsheds, and (D) Permanent ongoing explosive use in the park for up to 3 snow events each year, under a special use permit. The preferred alternative would permit BNSF to install weather forecasting equipment in the park for more accurate forecasting. It would permit BNSF to install new avalanche detection technology along the southern boundary of the park to detect avalanche activity. The alternative also provides for the emergency use of explosives when all other avalanche hazard reduction methods including train delays have been employed.

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-2008-0070 at https:// www.regulations.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.

This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``National Study of the Hospital Adverse Event Reporting Follow-Up Survey.'' In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invites the public to comment on this proposed information collection.

In this order on rehearing, the Federal Energy Regulatory Commission (Commission) affirms its determinations in part and grants rehearing in part of Order No. 708. Order No. 708 amended the Commission's regulations to establish blanket authorizations under section 203 of the Federal Power Act to facilitate investment in the electric industry and, at the same time, ensure that public utility customers are adequately protected from any adverse effects of such transactions.

This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

The Commission requests comments on a channel substitution proposed by Central Wyoming College (``CWC''), the licensee of KPTW(TV), channel *6, Casper, Wyoming. CWC holds a construction permit for a digital facility on DTV channel *6, and requests the substitution of DTV channel *8 for DTV channel *6 at Casper.

As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number.

The Commission requests comments on a channel substitution proposed by Davis Television Wausau, LLC (``Davis''), the licensee of WFXS(TV), DTV channel 50, Wittenberg, Wisconsin. Davis requests the substitution of DTV channel 31 for channel 50 at Wittenberg.

The Commission requests comments on a channel substitution proposed by Esteem Broadcasting of North Carolina, LLC (``Esteem''), licensee of WYDO-DT, DTV channel 14, Greenville, North Carolina. Esteem requests the substitution of DTV channel 47 for channel 14 at Greenville.

This order modifies Public Land Order No. 3982, which withdrew public land for protection of recreation values and road relocation purposes, to allow for disposal of a 0.76 acre parcel. This order opens the land to sale only.

The U.S. Office of Personnel Management (OPM) is proposing to revise its regulations regarding implementation of the Freedom of Information Act (FOIA). The purpose of the revision is to make the regulations easier to understand and to update them with all changes to the FOIA since the last revision.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC66597 from the following companies: (1) Cleary Petroleum Corp., (2) GSE LTD, (3) Peacock Comm. Properties, LTD, and (4) Joe R. Peacock, Sr., for lands in Montrose County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Department of Agriculture is moving the Forest Service's National Environmental Policy Act (NEPA) codifying procedures from Forest Service Manual (FSM) 1950 and Forest Service Handbook (FSH) 1909.15. In addition to codifying the procedures, the Department is clarifying and expanding them to incorporate Council on Environmental Quality (CEQ) guidance and to better align Forest Service NEPA procedures with its decision processes. This rule gives Forest Service NEPA procedures more visibility, consistent with the transparent nature of the Forest Service's environmental analysis and decision making. Also, the additions to the Forest Service NEPA procedures in this rule are intended to provide an environmental analysis process that better fits with modern thinking on decisionmaking, collaboration, and adaptive management by describing a process for incremental alternative development and development of adaptive management alternatives. Maintaining Forest Service explanatory guidance in the FSH will facilitate timely responses to new ideas, new information, procedural interpretations, training needs, and editorial changes to assist field units when implementing the NEPA process.

NMFS, upon application from the U.S. Navy (Navy), issues regulations to govern the unintentional taking of marine mammals incidental to conducting a Full Ship Shock Trial (FSST) of the USS MESA VERDE (LPD 19) in the waters of the Atlantic Ocean offshore of Mayport, FL. Authorization of incidental take is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on their availability for taking for subsistence uses. These regulations set forth the permissible methods of take and other means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals and their habitat, as well as monitoring and reporting requirements.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. paragraph 552b, as amended), and 41 CFR paragraph 102-3.150, the Department of Defense announces the following Federal Advisory Committee meetings of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee.

The purpose of this notice is to publish changes in the Fixed Residential Moving Cost Schedule for the States and Territories of Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Virgin Islands, Virginia, and Wyoming as provided for by section 4622(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The schedule amounts for the States and Territories not listed above remain unchanged. The Uniform Act applies to all programs or projects undertaken by Federal agencies or with Federal financial assistance that cause the displacement of any person.

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain corduroy fabrics, as specified below, are not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

Pursuant to Sec. 102(c) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), the National Park Service in cooperation with the Washington State Department of Fish and Wildlife has prepared a Final Environmental Impact Statement (FEIS) and Mountain Lakes Fishery Management Plan. The FEIS identifies and evaluates proposed plan and three alternatives for management of non-native fish in the natural mountain lakes within North Cascades National Park Service Complex and the Stephen Mather Wilderness. Appropriate mitigation strategies are assessed, and an ``environmentally preferred'' alternative is also identified. When approved, the Mountain Lakes Fishery Management Plan (Plan) will govern all fishery management actions, including potential removal of self-sustaining populations of non-native fish and fish stocking. Background: The National Park Service (NPS) manages North Cascades National Park, Lake Chelan National Recreation Area, and Ross Lake National Recreation Area collectively as the North Cascades National Park Service Complex (hereafter referred to as ``North Cascades''). The rugged, wilderness landscape of North Cascades contains 245 natural mountain lakes which are naturally fishless due to impassable topographic barriers. Though naturally barren of fish, these lakes contain a rich array of native aquatic life including plankton, aquatic insects, frogs and salamanders. In the late 1800's, settlers began stocking lakes within the present-day boundaries of North Cascades with various species of non-native trout for food and recreation. By the 20th century, fish stocking was routinely undertaken by the U.S. Forest Service, various counties, and individuals. Then in 1933, the state of Washington assumed responsibility for stocking mountain lakes to create and maintain a recreational fishery. After North Cascades was established in 1968, a conflict over fish stocking emerged between the NPS and Washington state. This conflict derived from fundamental policy differences: NPS policies prohibited stocking so as to protect native ecosystems and Wilderness, whereas Washington policies encouraged stocking to enhance recreational opportunities. Preferred Plan and Alternatives Considered: As the proposed Mountain Lakes Fishery Management Plan, Alternative B (agency-preferred alternative) would allow continued stocking of select lakes with a history of fish stocking. To minimize ecological risks, only trout that are native to the watershed or functionally sterile would be stocked at low densities. Self-sustaining populations of trout would be removed from all lakes (where feasible) using various methods including gillnets, electrofishing, spawning habitat exclusion, and antimycin, a potent yet ephemeral pesticide. Management actions would be monitored and evaluated to enable adaptive management and minimize impacts to biological integrity. Implementation of this Alternative would require clarification from Congress regarding fish stocking in North Cascades and the Stephen Mather Wilderness. The ``no action'' alternative (Alternative A) would continue fishery management according to the terms and conditions of the 1988 Supplemental Agreement with the Washington Department of Fish and Wildlife (WDFW). This agreement provides for continued stocking of select lakes in North Cascades National Park. Implementation of this alternative would require clarification from Congress regarding fish stocking in the North Cascades and Stephen Mather Wilderness. Alternative C would include continued fish stocking in select lakes in Ross Lake National Recreation Area and Lake Chelan National Recreation Area; stocking would be discontinued in North Cascades National Park. Otherwise, the adaptive management framework for this alternative would be similar to Alternative B. Implementation of Alternative C would require clarification from Congress regarding continued fish stocking in the Stephen Mather Wilderness. Alternative D would discontinue fish stocking in all mountain lakes in North Cascades Complex. This alternative would implement a long-term goal of removing, wherever feasible, self-sustaining populations of non-native trout in up to 37 lakes using the removal methods described for Alternative B. Public Involvement: The public scoping phase formally began January 16, 2003, with the NPS publication of a Notice of Intent to prepare an EIS for a high mountain lakes fishery management plan. Extensive local and regional publicity and distribution of public scoping brochures occurred during February-March 2003. In late March 2003, the four public scoping meetings were hosted in the surrounding communities of Sedro-Woolley, Wenatchee, Bellevue and Seattle. The NPS received 248 comments during the public scoping phase; a public scoping report was prepared and posted on the project Web site (see below). The EPA's notice of filing of the Draft EIS was published in the Federal Register by the EPA on May 27, 2005; the park's notice of availability was published on May 31, 2005. The 90-day opportunity for public review and comment extended through August 26, 2005. Four public meetings were hosted in surrounding communities during the week of July 25-28, 2005. Ninety individuals and organizations provided 350 substantive comments both for and against continued stocking.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for certain steel products used in Federal-aid construction projects in Florida and Illinois.

The FAA proposes to adopt a new airworthiness directive (AD) for certain GE CT58 series turboshaft engines. This proposed AD would require recalculating the lives of certain part numbered compressor spools using a new repetitive heavy lift (RHL) multiplying factor. This proposed AD results from reports of cracks originating from the inner faces of the locking screw holes in the compressor spool. We are proposing this AD to prevent cracks due to RHL missions. Cracks could result in an uncontained rotor burst and damage to, or loss of, the helicopter and serious injuries to any person onboard.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Eastern Montana Resource Advisory Council (RAC), will meet as indicated below.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Nunapiglluraq Corporation. The lands are in the vicinity of Hamilton, Alaska, and are located in: