August 19, 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing to take direct final action to withdraw the Federal water quality standards designating cold water biota uses for Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River in Idaho. In July 1997, EPA promulgated a Federal rule designating uses for water bodies in the State of Idaho, including the designation of cold water biota for Soda Creek, and portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River, with the exception of any portion in Indian country. These Federal water quality standards designating cold water biota uses are no longer necessary since EPA approved Idaho's adopted uses that result in protection for cold water biota. EPA is also withdrawing the water quality standards variance provision applicable to these uses (40 CFR 131.33(d)), because this provision is no longer necessary with the withdrawal of the Federal water quality standards designating these uses.

The Center for Drug Evaluation and Research (CDER) is seeking sponsors interested in participating in a pilot project to test the submission and processing of clinical study data provided electronically in a standardized format. This pilot will test the data extract, validation, and load procedures developed to populate ``Janus,'' the study data repository component of a common, standards- based infrastructure that is being developed jointly by the Food and Drug Administration (FDA) and the National Cancer Institute (NCI) to support the exchange of clinical research data. The pilot also will test a new XML (extensible markup language)-based submission format for standardized clinical study data. We anticipate that a successful pilot will enable CDER to routinely receive, process, and store all standardized clinical study data in a data warehouse environment that will enhance the center's capability to manage and review standardized study data.

In this document, the Commission seeks comment on whether certain services should be designated as eligible for funding under the schools and libraries universal service support mechanism, also known as the E-rate program. The Commission also seeks comment on whether to retain interconnected Voice over Internet Protocol (interconnected VoIP) as an eligible service for future funding years.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Mesabi Mining, LLC and Steel Dynamics, Inc. have applied to the St. Paul District, Corps of Engineers (Corps) for a Clean Water Act Section 404 permit to discharge fill material into jurisdictional wetlands to facilitate the reopening of an open pit taconite mine and construction and operation of a taconite ore concentration plant near Aurora and Hoyt Lakes in St. Louis County, MN. Tailings would be discharged into an existing, idle open pit mine. The proposed project is known as the Mesabi Nugget Phase II Project. The project would be located entirely on portions of the site of the former LTV Steel Mining Company Facility (also known as Erie Mining Company prior to 1986). Taconite mining was conducted at the site from the late 1950s until operations ceased in early 2001. Prior to taconite mining, the area was also mined for natural iron ore in nearby pits as early as 1903. Mesabi Mining now proposes to reopen and mine taconite ore from two open pits, haul the ore in trucks to a proposed new processing plant where the ore would be crushed, ground, magnetically separated, and then passed through a flotation circuit to produce a concentrate. About one-third of the concentrate (approximately 1.04 million metric tonnes per year) would be used as feed for Mesabi Nugget Delaware's on-site Large Scale Demonstration Project (LSDP) iron nugget facility that was permitted in 2005 and will be ready for operation in the second quarter of 2009. The remainder of the concentrate (approximately 2.09 million metric tonnes per year) would be shipped by rail for use in other facilities. The mining process would require the construction of overburden and waste rock, and lean ore stockpiles adjacent to the open pits. The project would operate 24 hours per day; 365 days per year during its proposed 20-year life. The project area would be approximately 4,760 acres, of which approximately 3,820 acres (80 percent) has previously been disturbed by mining activities. The project would require the discharge of fill material into approximately 235 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are abutting Second Creek (a tributary to the Partridge River) or an unnamed tributary (Unnamed Creek) to the Partridge River. The Partridge River is a tributary to the St. Louis River, which is navigable water of the United States up to the mouth of the Embarrass River. The Applicant proposes to develop a detailed compensatory wetland mitigation plan for inclusion in the Draft Environmental Impact Statement (DEIS) to provide compensation for the unavoidable wetland impacts planned during at least the first five years of the project. Conceptual wetland mitigation plans will be developed for inclusion in the DEIS to provide compensation for the unavoidable wetland impacts planned during the remainder of the project (years six through twenty). The discharge of dredged or fill material into waters of the United States requires a permit issued by the Corps under Section 404 of the Clean Water Act. The Final Environmental Impact Statement (FEIS) will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

This action is being taken to extend the existing Loveland Area Projects (LAP) transmission and ancillary services formula rates through February 28, 2011. The existing LAP transmission and ancillary services formula rates will expire February 28, 2009, with the exception of the Regulation and Frequency Response service rate which expires May 31, 2011.

The NCUA is issuing an Interpretive Ruling and Policy Statement (IRPS) regarding prohibitions imposed by Section 205(d) of the Federal Credit Union Act (FCU Act) (12 U.S.C. 1785(d)(1)). Section 205(d) of the FCU Act prohibits a person who has been convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating in the affairs of an insured credit union except with the prior written consent of the NCUA Board. This IRPS provides direction and guidance to federally-insured credit unions and those persons who may be affected by Section 205(d) because of a prior criminal conviction or pretrial diversion program participation by describing the actions that are prohibited under the statute and establishing the procedures for applying for NCUA Board consent on a case-by-case basis.

The Farm Service Agency (FSA) is requesting applications for competitive cooperative agreement funds for Fiscal Year (FY) 2009 for the credit outreach initiative targeted to American Indian farmers, ranchers, and youth residing primarily on Indian reservations within the contiguous United States. FSA anticipates the availability of $746,496 in funding and the award to one successful applicant through a Cooperative Agreement. This request for applications is being made prior to passage of an FY 2009 appropriations bill to allow applicants sufficient time to submit proposals, give the Agency maximum time to process applications, and permit continuity of this program. FSA requests proposals from eligible non-profit organizations, land-grant institutions, and federally-recognized Indian tribal governments interested in a competitively-awarded cooperative agreement to create and implement a mechanism that will provide credit outreach and promotion, pre-loan education, and one-on-one loan application preparation assistance to American Indian farmers, ranchers, and youth. Successful proposals may include other innovative services intended to enhance participation by American Indians in specific FSA's Agricultural Credit Programs.

Pursuant to Title VIII, Subtitle B of the Energy Independence and Security Act of 2007 (``EISA''), the Federal Trade Commission (``Commission'' or ``FTC'') is proposing a rule to implement Section 811 of Subtitle B prohibiting the use or employment of manipulative or deceptive devices or contrivances in wholesale petroleum markets.\1\ The Commission invites written comments on issues raised by the proposed Rule and seeks answers to the specific questions set forth in Section II.L of this Notice of Proposed Rulemaking (``NPRM'').

The Treasury Department's Office of Foreign Assets Control (``OFAC'') is publishing the names of two entities that have been identified as entities in which Rami Makhluf, a person whose property and interests in property are blocked pursuant to Executive Order 13460 of February 13, 2008, ``Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria,'' owns, directly or indirectly, a 50 percent or greater interest. Therefore, all property and interests in property of such entities are blocked.

In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM), Arizona Resource Advisory Council (RAC), will meet on September 18, 2008, in Phoenix, Arizona, at the BLM National Training Center located at 9828 North 31st Avenue in Phoenix from 8 a.m. until 4:30 p.m. Morning agenda items include: Review and approval of the March 6, and June 19, 2008, meeting minutes for RAC and Recreation Resource Advisory Council (RRAC) business; BLM State Director's update on statewide issues; Update on Solar Energy Rights-of-Way Application and Processing; Presentation on OHV Ambassadors Program; RAC questions on BLM Field Managers Rangeland Resource Team proposals; and, reports by RAC working groups. A public comment period will be provided at 11:30 a.m. on September 18, 2008, for any interested publics who wish to address the Council on BLM programs and business. Under the Federal Lands Recreation Enhancement Act, the RAC has been designated as the RRAC, and has the authority to review all BLM and Forest Service (FS) recreation fee proposals in Arizona. The afternoon meeting agenda on September 18, will include review and discussion of the Recreation Enhancement Act (REA) Working Group Report, REA Work Group meeting schedule and future BLM/FS recreation fee proposals. In addition, the following BLM and FS fee proposals will be discussed: (1) Paria Canyon/Coyote Buttes Recreation Area (BLM Arizona Strip District)The BLM proposes to increase the Paria day-use permit fee from $5 per person to $6 per person, and increase the Coyote Buttes North day-use permit fee from $5 per person to $7 per person. Implementation of these new fees is proposed to begin October 1, 2008. Funds generated through recreation fees will be used for the continued operation and maintenance of Paria Canyon/ Coyote Buttes Recreation Area. (2) Half Moon Ranch and Shaw House (Coronado National Forest)The FS is proposing to include the Half Moon Ranch and the Shaw House in the ``Rooms with a View'' Arizona Cabin Rental Program. The proposed new fee increase of $150.00 would include one night's rental at each house. Both houses are located approximately 10 miles east of Sunsites, Arizona, and can accommodate up to 10 people and 6 horses. Rental of these houses and other facilities within the Arizona National Forest has shown that the public appreciates and enjoys the availability of historic rental facilities. Funds from the rentals will be used for the continued operation and maintenance of the Half Moon Ranch and the Shaw House. (3) Apache Maid Cabin (Coconino National Forest)The FS proposes to make the historic Apache Maid Cabin available to the public as an overnight rental. The Apache Maid Cabin has served numerous functions ranging from a summer ranch headquarters to a Forest Service Ranger Station. The cabin has two bedrooms and a kitchen, an exterior vault toilet, a propane stove, and propane lighting. The cabin will accommodate a maximum of six people at a fee of $75/night. (4) Prescott National Forestwide Fee Proposal (Prescott National Forest)The FS proposes to increase fees at campgrounds from $6-15 to $10-18 and day-use sites from $2-3 to $5. Fee changes would begin in 2009 and would remain the same for the next five years. The forest is also proposing to discontinue fee collection at one campground and one- day use site. Additional components of the proposal include: (a) Camping fees would also include access to day-use sites across the Forest; (b) group sites would have two fee ranges: 1-50 people and 51- 100 people; (c) annual passes would remain at the current price of $40; however second vehicle annual passes in the same family would increase from $5 to $10; (d) an extra vehicle charge of $5 would apply to single (up to 1 vehicle, 5 people) and double (2 vehicles, 10 people) campsites. RVs towing a car count as one vehicle; and (e) Wednesday would remain a free day at day use sites. Following the BLM/FS proposals, the RRAC will open the meeting to public comments on the fee proposals. After completing their RRAC business, the BLM RAC will provide recommendations to the RAC Designated Federal Official on the fee proposal and discuss future RAC meetings and locations.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we will submit to OMB a new information collection request (ICR) for approval of the paperwork requirements for the National Cooperative Geologic Mapping ProgramEDMAP (NCGMP-EDMAP). This notice provides the public an opportunity to comment on the paperwork burden of this collection.

We, the U.S. Fish and Wildlife Service (Service) announce that our Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the nine Wetland Management Districts (Districts) is available. The nine Districts include Arrowwood, Audubon, Chase Lake, Crosby, Devils Lake, J. Clark Salyer, Kulm, Lostwood, and Valley City Districts, located throughout the State of North Dakota. This Draft CCP/EA describes how the Service intends to manage these Districts for the next 15 years.

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.

The Office of Justice Programs (OJP) announces that the Review Panel on Prison Rape (Panel), will hold hearings in Orlando, Florida on August 27, 2008, Washington, DC, on September 10-11, 2008, Springfield, Massachusetts on September 24-25, 2008 and again in Washington, DC, on September 30 and October 1, 2008. The hearing times and location are noted below. The purpose of the hearings is to assist the Bureau of Justice Statistics (BJS) in identifying common characteristics of victims and perpetrators of prison rape, and prison and prison systems with the highest and lowest incidence of prison rape. On June 25, 2008, BJS issued the report Sexual Victimization in Local Jails Reported by Inmates, 2007. The report provides a listing of local jails ranked according to the prevalence of sexual victimization, and formed the basis of the Panel's decision about which facilities would be the subject of testimony.