National Forest System Land Management Planning; Correction, 80299-80300 [E8-31165]

Download as PDF Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations pwalker on PROD1PC71 with RULES bridge operator and marine interests, and advance broadcast notice of intended bridge closures should satisfy the reasonable needs of navigation and allow freight rail operations to develop and grow. Temporary Deviation To Be Established The schedule considered in this notice would provide daily, unscheduled, bridge closures up to thirty minutes in duration. This temporary deviation requires the AK RR to remain in the open position at all times except during periods when it is closed for the passage of rail traffic. Conrail, the bridge operator, has established a dedicated hot line at 973– 690–2454 for coordination of anticipated bridge closures. Tide restrained, deep draft vessels shall call the hot line daily to advise of expected times of vessel transit through the AKRR. The bridge may not close for the passage of trains during any high tide period (2 hours before until 1⁄2 hour after predicted high tide at The Battery, New York) if deep draft, tide restrained vessels have advised Conrail of their intent to transit under the bridge. At least 90 minutes and again at 75 minutes prior to a bridge closure the bridge owner or operator shall issue a manual broadcast notice to mariners (minimum range of 15 miles) on channel 13/16, VHF–FM of its intent to close the bridge for up to thirty minutes. Beginning at 60 minutes prior to closure automated broadcasts must be repeated at 15 minute intervals and at 10 and 5 minutes prior to closure. The Coast Guard shall be informed via call to VTS–NY at 718–354–4088. Each day two bridge closures, each fifteen minutes in duration, separated by a thirty minute bridge open period are authorized to allow multiple train movements across the bridge over a short time interval. Vessels shall plan their transits around the announced closure period(s); however a request for up to a 30 minute delay in the bridge closure to allow navigation to meet tide or current requirements shall be granted if requested within 30 minutes after the initial broadcast. Requests received after the initial 30 minutes will not be granted; therefore marine interests should plan their transits carefully. The bridge owner/operator shall repeat the manual bridge closure notice via marine radio at 75 minutes prior to the scheduled closure then via manual or automated broadcast at 15 minute intervals until 15 minutes prior to the intended closure at which time notice of bridge closure will be broadcast every five minutes and once again as the bridge begins to close and appropriate VerDate Aug<31>2005 16:52 Dec 30, 2008 Jkt 217001 sound signal given. In the event of bridge operational failure, the bridge owner or operator shall notify the Coast Guard Captain of the Port, New York immediately and shall ensure that a repair crew is on scene at the bridge no later than 45 minutes after the bridge fails to operate and that repair crew shall remain at the bridge until the bridge has been restored to normal operations or raised and locked in the fully open position. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 10, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–31070 Filed 12–30–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–1187] RIN 1625–AA09 Drawbridge Operation Regulations; Curtis Creek in Baltimore, MD, Maintenance Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Pennington Avenue Bridge, at mile 0.9, across Curtis Creek in Baltimore, MD. Under this temporary deviation, the drawbridge may remain in the closed position on specific dates and times to facilitate electrical repairs. DATES: This deviation is effective from 6 a.m. on January 21, 2009, to 11:59 p.m. on January 27, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1187 and are available online at https://www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Commander (dpb), Fifth Coast Guard PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 80299 District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398–6422. SUPPLEMENTARY INFORMATION: The Maryland State Highway Administration, who owns and operates this double-leaf bascule drawbridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.5 that requires the bridge to open promptly and fully for the passage of vessels when a request to open is given to facilitate electrical repairs. The Pennington Avenue Bridge, a double-leaf bascule, has a vertical clearance in the closed position to vessels of 38 feet, above mean high water. To facilitate installation of submarine cables and electrical repairs, the drawbridge will be maintained in the closed-to-navigation position from 6 a.m. on January 21, 2009, until and including 11:59 p.m. on January 27, 2009. The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the opening restrictions of the draw span to minimize transiting delays caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 15, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration, Branch Fifth Coast Guard District. [FR Doc. E8–31073 Filed 12–30–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 219 RIN 0596–AB86 National Forest System Land Management Planning; Correction Forest Service, USDA. Correcting amendment. AGENCY: ACTION: SUMMARY: This document makes technical corrections Forest Service regulations concerning the E:\FR\FM\31DER1.SGM 31DER1 80300 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations administrative review procedures that the responsible official may use in some cases when approving plans, plan amendments, or plan revisions during the transition period for the rule. A final rule was published in volume 73 of the Federal Register, page 21468, April 21, 2008. This document makes corrections to the April 21 rule. DATES: Effective Date: These corrections are effective December 31, 2008. ADDRESSES: Written inquiries about this correction notice may be sent to the Director, Ecosystem Management Coordination Staff, USDA Forest Service, 1400 Independence Ave., SW., Mailstop Code 1104, Washington, DC 20250–1104. FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination Staff’s Planning Specialist Regis Terney at (202) 205–1552. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with RULES Background In volume 73 of the Federal Register, page 21468, April 21, 2008 (73 FR 21468) the United States Department of Agriculture (Department) published a final rule setting forth directions for developing, amending, revising, and monitoring land management plans (the planning rule). On May 27, 2008, the Office of the Federal Register informed the Department that citing ‘‘36 CFR 217’’ in the Code of Federal Regulations (CFR) was not appropriate because ‘‘36 CFR 217’’ no longer exists. Currently, part 219 refers several times to the administrative review procedures ‘‘at 36 CFR part 217 in effect prior to November 9, 2000 (see 36 CFR parts 200 to 299, revised as of July 1, 2000).’’ Need for Correction These Code of Federal Regulations references must be removed because (1) they refer to an outdated edition of the CFR, (2) part 217 has not been codified in the CFR since 2000, and (3) the reference is confusing to people who will not find part 217 in the CFR. Therefore the Department is issuing a technical correction to section 219.14(b)(2) and section 219.14(b)(3)(iii) of the planning rule. The planning rule’s transition provisions, at 36 CFR 219.14(b), allow a responsible official to provide either objection procedures, as provided by section 219.13 of the planning rule, or the administrative appeal procedures formerly codified under 36 CFR part 217 for administrative review of land management plans or plan amendments in some situations. In the place of ‘‘36 CFR part 217’’ in the corrected rule, the Department cites the Federal Register VerDate Aug<31>2005 16:52 Dec 30, 2008 Jkt 217001 notices for the procedures formerly codified at 36 CFR part 217. The Department identifies these procedures as the ‘‘optional appeal procedures available during the planning rule transition period.’’ This format eliminates references to the previous coding of the administrative appeal and review procedures in the CFR to avoid confusion as to the proper status of those procedures. The ‘‘optional appeal procedures available during the planning rule transition period,’’ are 54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 (April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); and 58 FR 58915 (November 4, 1993). The ‘‘optional appeal procedures available during the planning rule transition period,’’ are available at https:// www.fs.fed.us/emc/applit/includes/Plan AppealProceduresDuringTransition.pdf. List of Subjects in 36 CFR Part 219 Administrative practice and procedure, Environmental impact statements, Indians, Intergovernmental relations, National forests, Reporting and recordkeeping requirements, Science and technology. ■ Accordingly, 36 CFR part 219 is corrected by making the following correcting amendments: PART 219—PLANNING 1. The authority citation for subpart A continues to read as follows: ■ optional appeal procedures available during the planning rule transition period. The optional appeal procedures available during the planning rule transition period are published at 54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 (April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); and 58 FR 58915 (November 4, 1993). Plan amendments initiated after the transition period must conform to the requirements of this subpart. (3) * * * (iii) Except when a plan amendment is approved contemporaneously with a project or activity and applies only to that project or activity (in a way that 36 CFR part 215 or part 218, subpart A apply), the responsible official may elect to use either the objection procedures of this subpart or the optional appeal procedures available during the planning rule transition period. The optional appeal procedures available during the planning rule transition period are published at 54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 (April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); and 58 FR 58915 (November 4, 1993). * * * * * Dated: December 24, 2008. Hank Kashdan, Deputy Chief, Business Operations. [FR Doc. E8–31165 Filed 12–30–08; 8:45 am] Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613. BILLING CODE 3410–11–P Subpart A—National Forest System Land Management Planning ENVIRONMENTAL PROTECTION AGENCY 2. In § 219.14 revise paragraphs (b)(2) and (b)(3)(iii) to read as follows: 40 CFR Part 52 ■ § 219.14 Effective dates and transition. * * * * * (b) * * * (2) Plan Amendments. With respect to plans approved or revised pursuant to the planning regulation in effect before November 9, 2000, (see 36 CFR parts 200 to 299, Revised as of July 1, 2000), a 3-year transition period for plan amendments begins on April 21, 2008. During the transition period, plan amendments may continue using the provisions of the planning regulation in effect before November 9, 2000, or may conform to the requirements of this subpart. If the responsible official uses the provisions of the prior planning regulations, the responsible official may elect to use either the objection procedures of this subpart or the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 [FRL–8759–5] Clean Air Act Prevention of Significant Deterioration (PSD) Construction Permit Program; Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of issuance of the Administrator’s interpretation. SUMMARY: On December 18, 2008, the Administrator issued an interpretive memorandum entitled ‘‘EPA’s Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.’’ This memorandum clarifies the scope of E:\FR\FM\31DER1.SGM 31DER1

Agencies

[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80299-80300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31165]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 219

RIN 0596-AB86


National Forest System Land Management Planning; Correction

AGENCY: Forest Service, USDA.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document makes technical corrections Forest Service 
regulations concerning the

[[Page 80300]]

administrative review procedures that the responsible official may use 
in some cases when approving plans, plan amendments, or plan revisions 
during the transition period for the rule. A final rule was published 
in volume 73 of the Federal Register, page 21468, April 21, 2008. This 
document makes corrections to the April 21 rule.

DATES: Effective Date: These corrections are effective December 31, 
2008.

ADDRESSES: Written inquiries about this correction notice may be sent 
to the Director, Ecosystem Management Coordination Staff, USDA Forest 
Service, 1400 Independence Ave., SW., Mailstop Code 1104, Washington, 
DC 20250-1104.

FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination 
Staff's Planning Specialist Regis Terney at (202) 205-1552.

SUPPLEMENTARY INFORMATION:

Background

    In volume 73 of the Federal Register, page 21468, April 21, 2008 
(73 FR 21468) the United States Department of Agriculture (Department) 
published a final rule setting forth directions for developing, 
amending, revising, and monitoring land management plans (the planning 
rule). On May 27, 2008, the Office of the Federal Register informed the 
Department that citing ``36 CFR 217'' in the Code of Federal 
Regulations (CFR) was not appropriate because ``36 CFR 217'' no longer 
exists. Currently, part 219 refers several times to the administrative 
review procedures ``at 36 CFR part 217 in effect prior to November 9, 
2000 (see 36 CFR parts 200 to 299, revised as of July 1, 2000).''

Need for Correction

    These Code of Federal Regulations references must be removed 
because (1) they refer to an outdated edition of the CFR, (2) part 217 
has not been codified in the CFR since 2000, and (3) the reference is 
confusing to people who will not find part 217 in the CFR. Therefore 
the Department is issuing a technical correction to section 
219.14(b)(2) and section 219.14(b)(3)(iii) of the planning rule.
    The planning rule's transition provisions, at 36 CFR 219.14(b), 
allow a responsible official to provide either objection procedures, as 
provided by section 219.13 of the planning rule, or the administrative 
appeal procedures formerly codified under 36 CFR part 217 for 
administrative review of land management plans or plan amendments in 
some situations. In the place of ``36 CFR part 217'' in the corrected 
rule, the Department cites the Federal Register notices for the 
procedures formerly codified at 36 CFR part 217.
    The Department identifies these procedures as the ``optional appeal 
procedures available during the planning rule transition period.'' This 
format eliminates references to the previous coding of the 
administrative appeal and review procedures in the CFR to avoid 
confusion as to the proper status of those procedures. The ``optional 
appeal procedures available during the planning rule transition 
period,'' are 54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 
(April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 
1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); 
and 58 FR 58915 (November 4, 1993). The ``optional appeal procedures 
available during the planning rule transition period,'' are available 
at https://www.fs.fed.us/emc/applit/includes/
PlanAppealProceduresDuringTransition.pdf.

List of Subjects in 36 CFR Part 219

    Administrative practice and procedure, Environmental impact 
statements, Indians, Intergovernmental relations, National forests, 
Reporting and recordkeeping requirements, Science and technology.

0
Accordingly, 36 CFR part 219 is corrected by making the following 
correcting amendments:

PART 219--PLANNING

0
1. The authority citation for subpart A continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.

Subpart A--National Forest System Land Management Planning

0
2. In Sec.  219.14 revise paragraphs (b)(2) and (b)(3)(iii) to read as 
follows:


Sec.  219.14  Effective dates and transition.

* * * * *
    (b) * * *
    (2) Plan Amendments. With respect to plans approved or revised 
pursuant to the planning regulation in effect before November 9, 2000, 
(see 36 CFR parts 200 to 299, Revised as of July 1, 2000), a 3-year 
transition period for plan amendments begins on April 21, 2008. During 
the transition period, plan amendments may continue using the 
provisions of the planning regulation in effect before November 9, 
2000, or may conform to the requirements of this subpart. If the 
responsible official uses the provisions of the prior planning 
regulations, the responsible official may elect to use either the 
objection procedures of this subpart or the optional appeal procedures 
available during the planning rule transition period. The optional 
appeal procedures available during the planning rule transition period 
are published at 54 FR 3357 (January 23, 1989), as amended at 54 FR 
13807 (April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 
6, 1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 
1991); and 58 FR 58915 (November 4, 1993). Plan amendments initiated 
after the transition period must conform to the requirements of this 
subpart.
    (3) * * *
    (iii) Except when a plan amendment is approved contemporaneously 
with a project or activity and applies only to that project or activity 
(in a way that 36 CFR part 215 or part 218, subpart A apply), the 
responsible official may elect to use either the objection procedures 
of this subpart or the optional appeal procedures available during the 
planning rule transition period. The optional appeal procedures 
available during the planning rule transition period are published at 
54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 (April 5, 
1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR 
4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); and 58 FR 
58915 (November 4, 1993).
* * * * *

    Dated: December 24, 2008.
Hank Kashdan,
Deputy Chief, Business Operations.
[FR Doc. E8-31165 Filed 12-30-08; 8:45 am]
BILLING CODE 3410-11-P
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