September 12, 2008 – Federal Register Recent Federal Regulation Documents

The United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, ``we'') are extending the comment period for proposed regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wantagh State Parkway Bridge across Sloop Channel at mile 15.4, at Jones Beach, New York. Under this temporary deviation the bridge may operate on a limited operating schedule for three months to facilitate the completion of bridge construction.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Triborough (125 Street) Bridge across the Chelsea River, mile 1.3, at New York City, New York. Under this temporary deviation the bridge may remain in the closed position for four months to facilitate bridge maintenance. A three-week advance notice for openings will be available to allow vessel traffic that can not pass under the closed draw to transit.

The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Food Canning Establishment Registration, Process Filing, and Recordkeeping for Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically Sealed Containers'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

Notice is hereby given that Niladri Basu, Ph.D., Department of Environmental Health Sciences, University of Michigan, 109 South Observatory Road, Ann Arbor, MI 48109-2029, has been issued a scientific research permit to import marine mammal specimens for scientific research.

NMFS announces that the 2008 summer flounder commercial quota allocated to the State of New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2008, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New York that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 and regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), and Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Overseas Environmental Impact Statement/Environmental Impact Statement (OEIS/EIS) on September 12, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the OEIS/EIS. The Draft OEIS/EIS evaluates the potential environmental impacts of the construction and operation of an Undersea Warfare Training Range (USWTR) associated with Navy Atlantic Fleet training activities. The construction of the proposed USWTR would entail the instrumentation of a 500-square nautical mile (NM\2\) area of the sea floor with undersea cables and sensor nodes, connected to the shore via a single trunk cable. The western edge of the range would be located approximately 50 NM off the coast of Jacksonville, FL. The USWTR would allow ships, submarines, and aircraft to perform anti-submarine warfare (ASW) training in littoral, or near shore, waters. A Notice of Intent (NOI) for the OEIS/EIS was published in the Federal Register on May 13, 1996 (Federal Register, Volume 61, No. 93, pp 22028). A Revised NOI for this Draft OEIS/EIS and Notice of Request for Public Scoping Comments were published in the Federal Register on September 21, 2007 (Federal Register, Volume 72, No. 183, pp 54015-54016). The Navy will conduct four public hearings to receive oral and written comments on the Draft OEIS/EIS. Federal agencies, state agencies, local agencies, and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft OEIS/EIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the USWTR Draft OEIS/EIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft OEIS/EIS. Dates and Addresses: Public hearings will be held on the following dates and times at the following locations: 1. September 29, 2008, at the Chincoteague Center (open house poster session from 4 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 6155 Community Drive, Chincoteague, VA; 2. October 1, 2008 at the Crystal Coast Civic Center (open house poster session from 6 p.m. to 8 p.m. and formal hearing from 8 p.m. to 10 p.m.), 3505 Arendell Street, Morehead City, NC; 3. October 6, 2008 at the Sheraton North CharlestonConvention Center (open house poster session from 5 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 4770 Goer Drive, North Charleston, SC; 4. October 7, 2008 at the University of North FloridaUniversity Center (open house poster session from 5 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 12000 Alumni Drive, Jacksonville, FL.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council of Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR part 775); Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR Part 187), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/ Overseas Environmental Impact Statement (EIS/OEIS) on September 2, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the EIS/OEIS. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS, and provides supplementary information about the environmental planning effort. The EIS/OEIS evaluates the potential environmental impacts over a 10-year planning horizon associated with Navy Atlantic Fleet and Marine Corps training; research, development, testing, and evaluation (RDT&E) activities; and associated range capabilities enhancements (including infrastructure improvements) within the existing Navy Cherry Point (Navy CHPT) Range Complex. The Navy CHPT Range Complex encompasses 18,617 square nautical miles (nm\2\) of offshore surface and subsurface operating area (OPAREA); 12,529 nm\2\ of deep ocean area greater than 100 fathoms (600 feet), and 18,966 nm\2\ of overlying Special Use Airspace (SUA) off the coast of North Carolina. The geographic scope of the EIS/OEIS, referred to as the Navy Cherry Point Study Area, includes the OPAREA and SUA, plus the 3 NM strip of coastal water from mean high tide line extending seaward to the western OPAREA boundary. A Notice of Intent for this Draft EIS/OEIS was published in the Federal Register on April 30, 2007 (Vol. 72, No. 82, pp. 21248-21249). The Navy will conduct two public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal, state and local agencies and interested individuals are invited to be present or represented at the public hearings. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the Navy CHPT Range Complex Draft EIS/OEIS. Navy and Marine Corps representatives will be available during the open house sessions to clarify information related to the Draft EIS/OEIS.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the NIST Blue Ribbon Commission on Management and Safety, National Institute of Standards and Technology (NIST) will meet Wednesday, September 17, from 9 a.m.-5 p.m. on the NIST campus in Gaithersburg, MD. This notice is in follow-up to the preliminary notice of a public meeting by the Commission on August 15, 2008, (Ref. Federal Register Notice: August 15, 2008 (Volume 73, Number 159, pages 47882-47883). The Blue Ribbon Commission on Management and Safety is composed of 7 members appointed by the Secretary of Commerce who are eminent in one or more of the following areas: Management and organizational structure; Training and human resources operations; Laboratory management and safety; Hazardous materials safety; Emergency medical response; Environmental safety; Environmental remediation; and Security for hazardous materials. The purpose of this meeting is to review and ultimately provide advice to the Department of Commerce on whether (a) The training, safety, security, and response protocols, (b) the implementation of those protocols and internal controls, and (c) the management structure at NIST are appropriate to ensure safe operations of all NIST programs. The agenda for this meeting will focus on NIST safety and management structure as well as a discussion of the findings from recent safety audits and investigations. The agenda may change to accommodate Commission business.

The Department of Energy (DOE) proposes to extend the duration of Public Land Order (PLO) No. 6802, issued in 1990, and extended by PLO No. 7534 for an additional 12 year period. PLO No. 6802 withdrew 4,255.50 acres of public land in Nye County from location and entry under the United States mining laws (30 U.S.C. 2), and from leasing under the mineral leasing laws, to maintain the physical integrity of the subsurface environment at Yucca Mountain.

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U. S. Department of the Interior, Bureau of Land Management (BLM) Northwest California Resource Advisory Council will meet as indicated below.

NMFS is opening directed fishing for shallow-water species by vessels using trawl gear in the Gulf of Alaska (GOA) for 36 hours. This action is necessary to fully use the fourth seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the trawl shallow-water species fishery in of the GOA.

The U.S. Environmental Protection Agency (EPA) is announcing the availability of a final document entitled ``Integrated Science Assessment for Sulfur Oxides-Health Criteria'' (EPA/600/R-08/047F) and the supplementary annexes (EPA/600/R-08/047FA). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA(s Office of Research and Development as part of the review of the primary (health-based) national ambient air quality standards (NAAQS) for sulfur oxides.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Two Museums: One Culture,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Museum of Russian Icons, Clinton, MA, from on or about October 11, 2008, until on or about May 25, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

This action adds to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities previously furnished by such agencies. Effective Date: October 12, 2008.

EPA expressed environmental concerns about water quality, air quality, induced traffic, construction and cumulative impacts, and requested additional analysis and/or mitigation strategies for each resource area of concern. Rating EC2.