Department of the Interior October 2007 – Federal Register Recent Federal Regulation Documents

This notice announces a public meeting of the Delaware Water Gap National Recreation Area Citizen Advisory Commission. Notice of this meeting is required under the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2). ``An unusual combination of events in the preparation, approval, and transmission of this notice has resulted in the publication of this notice less than 15 days before the date of the meeting. The National Park Service has made extraordinary efforts to provide notification to all Commission members and to the public.''

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft post-delisting monitoring plan (draft PDM Plan) for the Virginia northern flying squirrel (Glaucomys sabrinus fuscus), currently referred to as the West Virginia northern flying squirrel (WVNFS). The Endangered Species Act (ESA) requires that the Service implement a system, in cooperation with the States, to monitor effectively, for at least 5 years, the status of all species that have been recovered and no longer need protection of the ESA. The WVNFS has been proposed to be removed from the Federal List of Threatened and Endangered Wildlife and Plants (delisted) due to recovery.

We, the U.S. Fish and Wildlife Service, change the regulations governing migratory bird permitting. We amend 50 CFR part 21 to allow removal of migratory birds (other than federally listed threatened or endangered species, bald eagles, and golden eagles) from inside buildings in which the birds may pose a threat to themselves, to public health and safety, or to commercial interests.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321, et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701, et seq.), the Bureau of Land Management (BLM) has prepared the Supplement to the Vernal Field Office DRMP/DEIS to augment the identification and analysis of managing non-WSA lands with wilderness characteristics.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the Bureau of Land Management (BLM) hereby gives notice that the Record of Decision for the Final Programmatic Environmental Impact Statement (FPEIS) for vegetation treatments using herbicides on public lands administered by BLM in 17 western states, including Alaska, is available. The BLM is the lead Federal agency for the preparation of this FPEIS, in compliance with the requirements of NEPA. The decision selects for use the four herbicides identified in Alternative B of the FPEIS. These herbicides are: Diquat, diflufenzopyr (in formulation with dicamba), fluridone, and imazapic. The BLM also selects for continued use the following 14 Environmental Protection Agency (EPA) registered active ingredients: 2,4-D, bromacil, chlorsulfuron, clopyralid, dicamba, diuron, glyphosate, hexazinone, imazapyr, metsulfuron methyl, picloram, sulfometuron methyl, tebuthiuron, and triclopyr. The BLM does not select for use the following six-herbicide active ingredients: 2,4-DP, asulam, atrazine, fosamine, mefluidide, and simazine. As part of the Proposed Action and this decision, the BLM also adopts the protocol for identifying, evaluating and approving herbicides. The Record of Decision identifies best management practices, standard operating procedures and mitigation measures for all vegetation treatment projects involving the use of herbicides.

In accordance with section 102(2)(c) of the National Environmental Policy Act of 1969, 43 CFR Part 3809, and the Council on Environmental Quality Regulations found at 40 CFR 1500-1508, the Bureau of Land Management (BLM) Battle Mountain Field Office has prepared a Draft Environmental Impact Statement (DEIS) on the Cortez Gold Mines' (CGM) proposed Cortez Hills Expansion Project, which is a proposed amendment to the Pipeline/South Pipeline Plan of Operations. The DEIS analyzes the environmental effects of the Proposed Action and alternatives, including the No Action Alternative.

We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period on nine new United States Geological Survey (USGS) reports produced for the Service to provide current data and modeling results relevant to the final determination of whether the polar bear (Ursus maritimus) qualifies for listing under the Endangered Species Act of 1973, as amended (Act). We intend to take these reports into consideration as we make our final listing determination on the polar bear, and are extending the reopened public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened throughout its range under the Act (72 FR 1064) for an additional 15 days to allow interested parties to comment on the USGS reports. We are limited in how long we can extend the public comment period because of the statutory deadline, which requires a final listing determination within one year of publication of the proposed rule, unless an extension of up to six months is granted due to substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Please note that comments previously submitted should not be resubmitted. This comment period is open only for comments on the nine USGS reports listed below. Comments submitted during the prior comment period have been incorporated into the public record and will be fully considered during preparation of our final determination.

We are approving an amendment to the Pennsylvania regulatory program (the ``Pennsylvania program'') regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment adds new section 25 Pennsylvania Code (PA Code) 86.6 which provides for the exemption from the permitting requirements of 25 PA Code Chapters 87 and 88, relating to surface mining of coal, when extraction of coal is incidental to government-financed construction or government-financed reclamation projects and specified requirements are met.

The following permits were issued.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 20 acres of public land in Clark County, Nevada. The Calvary Chapel Green Valley Church proposes to use the land for a church, school, and day care center.

A 240-acre parcel of public land in Harney County, Oregon, is being considered for direct sale to resolve an inadvertent occupancy trespass. The parcel is the minimum size possible to resolve the encroachment. The parcel proposed for sale is identified as suitable for disposal in the BLM Andrews and Drewsey Management Framework Plan, dated September 1987, and the BLM Andrews Resource Management Plan and Record of Decision, dated July 15, 2005.

The Bureau of Indian Education (BIE), in accordance with the Paperwork Reduction Act, is seeking reinstatement of the No Child Left Behind Act Regulation, 25 CFR parts 30, 37, 39, 42, 44 and 47, OMB Control Number 1076-0163. During the renewal process the information collection expired.

This notice publishes the Pueblo of Picuris Liquor Code. The Act regulates and controls the possession, sale, and consumption of liquor within the Pueblo of Picuris Indian Reservation. The Reservation is located on trust land and this Act allows for the possession and sale of alcoholic beverages within the exterior boundaries of the Pueblo of Picuris Indian Reservation. This Act will increase the ability of the tribal government to control the distribution and possession of liquor within their reservation and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services.

The National Park Service (NPS) in cooperation with the Federal Highway Administration (FHWA) announces the availability of the Final Environmental Impact Statement (FEIS) for the North Shore Road in the Great Smoky Mountains National Park, North Carolina. This document will be available for public review pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 and NPS policy in Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision Making). The primary purpose of this FEIS is to finalize the documentation of the environmental analysis of the five alternatives studied in the document; to address substantive comments made on the Draft EIS; and to disclose the Agency's Preferred Alternative. The purpose of the proposed action is to discharge and satisfy any obligations on the part of the United States that presently exist as the result of the July 30, 1943, Memorandum of Agreement (MOA) among the U.S. Department of the Interior (DOI), Tennessee Valley Authority (TVA), Swain County, North Carolina, and the State of North Carolina. The need for the project is to determine whether or not it is feasible to complete the road and to evaluate other alternatives that would satisfy the obligation. The FEIS analyzed five alternatives for meeting the purpose and need of the project. The no-action alternative would continue current management practices and policies into the future. The monetary settlement (the preferred alternative) would provide Swain County, North Carolina, with a monetary settlement to satisfy and discharge the obligations of the MOA. Each of the other three action alternatives would allow various levels of development and/or road construction within the project study area of the Great Smoky Mountains National Park. Under the Laurel Branch Picnic Area alternative, a day-use area on the north side of existing Lake View Road would be constructed. Outdoor facilities would include a multi-use picnic shelter, picnic tables, several loop trails, drinking fountains, and restrooms. Under the Partial-Build Alternative to Bushnell, up to 8 miles (12.9 km) of new roadway from the existing tunnel west to the vicinity of the former Bushnell settlement would be constructed. This alternative would provide a boat-launching ramp and restricted boat dock. Located near the terminus of the new roadway would be a multi-use picnic shelter and picnic tables, a backcountry permit station, an information kiosk, restrooms, and a parking area. Exhibit/museum space would be designed to highlight local heritage of the area and could include concession opportunities. Under the Northern Shore Corridor Alternative, 29 to 34.3 miles of new roadway to the vicinity of Fontana Dam would be constructed. It would connect Lake View Road to NC Hwy. 28. This alternative would include provisions for the development of an auto- tour guide describing the historic and natural points of interest along the route. Also, restrooms would be built at appropriate locations. The NPS Preferred Alternative is the Monetary Settlement Alternative. The Monetary Settlement would ensure that resources of Great Smoky Mountains National Park and the Appalachian National Scenic Trail would be unimpaired for the enjoyment of future generations. It would fulfill project goals and objectives including the protection of natural, cultural, and recreational resources.

On July 21, 2003, the Fish and Wildlife Service (Service) issued an incidental take permit (ITP) associated with a habitat conservation plan (HCP) under section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1539), as amended, for the incidental take of the federally endangered red-cockaded woodpecker (Picoides borealis) (RCW) to the Woodlands Group, LLC (Permittee). The permit (TE037661-0) was for a period of four years and expired on July 31, 2007. The requested permit extension by the Permittee will extend the permit expiration date nine years.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the information collection requirements in the regulations at 30 CFR 216MRM1.57. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. We shortened the title of this ICR to accommodate OMB requirements. The previous title was ``30 CFR 216, Subpart BOil and Gas, General, Sec. 216.57 Stripper Royalty Rate Reduction Notification.'' The new title is ``30 CFR 216.57, Stripper Royalty Rate Reduction Notification.'' Form MMS-4377, Stripper Royalty Rate Reduction Notification, is used to collect the information.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we are submitting to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 250, Subpart E, Oil and Gas Well-Completion Operations. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for 30 CFR 732 Procedures and Criteria for Approval or Disapproval of State Program Submissions; and 30 CFR 874General Reclamation Requirements, have been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection requests describe the nature of the information collections and their expected burden and cost.