Rules and Regulations. Proposed rule, denial

3,455 words·~16 min read·/register/2006/06/14/06-5397

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BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06-1075; MB Docket No. 05-146; RM-11213] Radio Broadcasting Services; Caliente and Moapa, NV AGENCY: Federal Communications Commission. ACTION: Proposed rule, denial. SUMMARY: This document denies a pending petition for rule making filed by Aurora Media, LLC., to reallot Channel 233C from Caliente, Nevada to Moapa, Nevada, and to modify the construction permit authorization to reflect the change of community. The proposed change of community was denied because it would not result in a preferential arrangement of allotments. FOR FURTHER INFORMATION CONTACT: Helen McLean, Media Bureau,

(202)418-2738. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 05-146, adopted May 24, 2006, and released May 26, 2006. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because this proposed rule is denied, herein.). Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6-8954 Filed 6-13-06; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [I.D. 060806B] Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Pelagic Longline Take Reduction Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: NMFS is announcing a public meeting to provide information about the draft Atlantic Pelagic Longline Take Reduction Plan (PLTRP) and potential research and monitoring activities that may be initiated this summer in the Mid-Atlantic Bight involving the pelagic longline fishery. DATES: The meeting will convene at 1 p.m. on Thursday, June 22, 2006, and will run until approximately 5 p.m. ADDRESSES: The meeting will be held at Willie R. Etheridge Seafoods, 4561 Mill Landing Road, Wanchese, NC 27981. FOR FURTHER INFORMATION CONTACT: Vicki Cornish, NMFS, Southeast Region, 727-824-5312, Vicki.Cornish@noaa.gov. Individuals who use telecommunications devices for the deaf

(TDD)may call the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: NMFS established the Atlantic Pelagic Longline Take Reduction Team in June 2005 to address incidental serious injuries and mortalities of short- and long-finned pilot whales ( *Globicephala macrorhynchus* and *Globicephala melas* ) in the Atlantic pelagic longline fishery, as required by the Marine Mammal Protection Act. The team met several times and developed a draft PLTRP for submittal to NMFS. The draft PLTRP contains proposed management measures to reduce serious injuries and mortalities of both pilot whales and Risso's dolphins ( *Grampus griseus* ) in the Mid-Atlantic Bight, as well as recommendations for research and data collection. The meeting will provide an opportunity for NMFS staff to meet with fishermen and discuss the draft PLTRP and potential research and monitoring efforts that may be initiated this summer, answer questions, and identify pelagic longline fishermen who may be willing to voluntarily participate in research activities. Dated: June 8, 2006. Donna Wieting, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-9311 Filed 6-13-06; 8:45 am] BILLING CODE 3510-22-S 71 114 Wednesday, June 14, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 8, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(FS)and Bureau of Land Management

(BLM)to report to Congress annually on the role of local communities in the development of agreement or contract plans through stewardship contracting. To meet that requirement FS plans to conduct an annual telephone survey to gather the necessary information for use by both the FS and BLM in developing their separate annual reports to Congress. *Need and Use of the Information:* The survey will collect information on the role of local communities in the development of agreement or contract plans through stewardship contracting. The survey will provide information regarding the nature of the local community involved in developing agreement or contract plans, the nature of roles played by the entities involved in developing agreement or contract plans, the benefits to the community and agency by being involved in planning and development of contract plans, and the usefulness of stewardship contracting in helping meet the needs of local communities. *Description of Respondents:* Individuals or households; Business or other for-profit; Not-for-profit institutions; Federal Government; State, local or tribal government. *Number of Respondents:* 350. *Frequency of Responses:* Reporting: Annually. *Total Burden Hours:* 175. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-9236 Filed 6-13-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 8, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Farm Service Agency *Title:* 2005 Section 32 Hurricane Disaster Programs. *OMB Control Number:* 0560-0257. *Summary of Collection:* The purpose of this request for information collection is to extend the requirements of the 2005 Section 32 Hurricane Disaster Programs. On January 26, 2006, the Secretary announced the 2005 Section 32 Hurricane Disaster Programs, consisting of the Feed Indemnity, the Hurricane Indemnity Program, the Livestock Indemnity Program, and the Tree Indemnity Program. These four programs targeted assistance to producers located in specific counties and States who lost crops, trees, livestock and or livestock feed as a result of damage caused by five specific hurricanes and tropical storms that occurred in calendar year 2005. *Need and Use of the Information:* The Farm Service Agency will collect information using form FSA-573, “2005 Section 32 Hurricane Disaster Programs Application”. This information will be used to make eligibility determinations on producers requests for payments to supplement indemnities or payments received under Federal Crop Insurance or the Noninsured Crop Disaster Assistance Program, in addition to request for payments to compensate for losses under one or more of the four programs covered under the 2005 Section 32 Hurricane Disaster Programs. Producers are asked to provide specific information regarding crops, trees, bushes, vines, livestock, and livestock feed that were lost as a result of one or more hurricanes or tropical storms in calendar year 2005. *Description of Respondents:* Individuals or households; Business or other-for-profit; Not-for-profit institutions; Farms; State, local and tribal government. *Number of Respondents:* 34,008. *Frequency of Responses:* Recordkeeping; Reporting: Other (Request once). *Total Burden Hours:* 51,012. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-9237 Filed 6-13-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 8, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Food and Nutrition Service *Title:* National Hunger Clearinghouse Database Form. *OMB Control Number:* 0584-0474. *Summary of Collection:* The Food and Nutrition Service

(FNS)is interested in maintaining and further developing an information clearinghouse (named “National Hunger Clearinghouse”) for groups that assist low-income individuals and communities concerning nutrition assistance programs or other assistance. Section 26 of the National School Lunch Act, which was added to the Act by section 123 Public Law 102-446 on November 2, 1994 (Appendix A), mandated that FNS enter into a 4 year contract with a non governmental organization to develop and maintain a national information clearinghouse of grassroots organizations working on hunger, food, nutrition, and other agricultural issues, including food recovery. This legislation was further amended on October 13, 1998 by section 112 of Public Law 105-336 to extend and increase funding for the clearinghouse (for fiscal years 2004 through 2009). The USDA National Hunger Clearinghouse uses state-of-the art computer and telecommunications technologies to connect the target audience, sharing information on effective program models, pending legislation and rulemakings, surplus and emergency food distribution networks, and USDA programs and policies. FNS will collect the information through fax, regular mail, e-mail, and the Internet. *Need and Use of the Information:* FNS will collect information to provide a resource for groups that assist low-income individuals or communities regarding nutrition assistance program or other assistance. The information provided by the Clearinghouse database enables these groups to do a better job of assisting the target audience. *Description of Respondents:* Not-for-profit institutions; Business or other for-profit; Farms. *Number of Respondents:* 1,750. *Frequency of Responses:* Reporting: Annually. *Total Burden Hours:* 146. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-9238 Filed 6-13-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Forest Service Mountaintop Ranger District, San Bernardino National Forest, CA; Moonridge Animal Park Relocation AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The San Bernardino National Forest is seeking public input and comment on a proposed animal park, which would be located near the Big Bear Discovery Center. The project is called the Moonridge Animal Park Relocation. The proposed action will be defined in the Special Use Permit application and draft Master Plan to be developed by Big Bear Valley Recreation and Parks District. A proposed Joint Venture Management Plan is a guiding document for the permit and the operating plan. The proposed concept design would occupy about 35 acres more or less of National Forest System

(NFS)land. New facilities would include zoological and botanical gardens with habitat, education center, classrooms, animal exhibits, animal hospital and rehabilitation center, restrooms, retail and concession buildings, support buildings, and paved parking for approximately 250 cars. DATES: Comments concerning the scope of the analysis must be received by (30 days from the date of the NOI) July 14, 2006. The draft environmental impact statement is expected December, 2006 and the final environmental impact statement is expected April, 2007. ADDRESSES: Send written comments to Paul W. Bennett, Recreation Officer, Mountaintop Ranger District, San Bernardino National Forest, P.O. Box 290, Fawnskin, CA 92333. For further information, mail correspondence to: Paul W. Bennett, Recreation Officer, Mountaintop Ranger District, San Bernardino National Forest, P.O. Box 290, Fawnskin, CA 92333. Or e-mail to *pwbennett@fs.fed.us.* Or telephone

(909)382-2819. FOR FURTHER INFORMATION CONTACT: Richard M. Thornburgh, Environmental Coordinator, San Bernardino National Forest Service, 602 S. Tippecanoe, San Bernardino, CA 92408,

(909)382-2642. SUPPLEMENTARY INFORMATION: Purpose and Need for action The purpose and need for action is for the San Bernardino National Forest to respond to a request from the Big Bear Valley Recreation and Parks District, a Special District of San Bernardino County, for a special use permit to occupy National Forest Service lands to operate a wild animal park and associated facilities. The Recreation and Parks District is proposing to relocate the animal park to the North Shore of Big Bear Lake adjacent to the Big Bear Discovery Center on the Mountaintop Ranger District of the San Bernardino National Forest. The project would occupy approximately 35 acres of National Forest lands, and not more than 40 acres. No new groundwater extraction would be allowed in connection with this project, in order to protect nearby meadow habitats. The type of use requested is consistent with the Forest Plan direction. The action is needed now because the Moonridge Animal Park's current lease expires in February 2009 and all facilities must be removed from that site by then. Alternate sites were evaluated and no other feasible site was found. Additionally, there is a joint-venture opportunity for environmental education objectives with the Forest Service's Big Bear Discovery Center. Proposed Action The Moonridge Animal Park is currently located on private land in the Moonridge area of Big Bear Valley. The Recreation and Park District's lease expires in February 2009. The District looked at several potential locations for the animal park, and determined that the area adjacent to the Big Bear Discovery Center best met their needs. The Recreation and Parks District has applied for a special use permit to build and maintain the new animal park and associated facilities on approximately 35 acres. If approved, the permit would be issued for a 20-30 year term. New facilities would include zoological and botanical gardens, education center and classrooms, animal exhibits, animal hospital and rehabilitation center, restrooms, retail and concession buildings, support buildings, and paved parking for visitors and staff. Water and sewer would be connected to the community systems. The Big Bear Department of Water and Power water line would be extended from the Municipal Water District East Launch Ramp to the site. No additional water wells would be drilled in connection with this project. Night lighting would be provided for security purposes. A perimeter fence would be installed around the entire animal park. Lead and Cooperating Agencies The San Bernardino National Forest is the lead agency this analysis. San Bernardino County is a cooperating agency. Responsible Official The Forest Supervisor of the San Bernardino National Forest. Nature of Decision To Be Made To approve in whole, or in part, or a modified special use application for the relocation of the Moonridge Animal Park to national forest system lands. Scoping Process A scoping letter is being mailed to known potentially interested or affected parties. A legal notice announcing this project is being published in the San Bernardino Sun which is the Forest's newspaper of record. A scoping meeting will be held on June 17, 2006 from 1 p.m. to 4 p.m. at the Big Bear Discovery Center in Fawnskin, California. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc* . v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 30 day comment period for initial scoping and 45 days on the Draft Environmental Impact Statement so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedure provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: June 8, 2006. Jeanne Wade Evans, Forest Supervisor. [FR Doc. 06-5397 Filed 6-13-06; 8:45 am]

Connectionstraces to 2

Traces to 2 documents

U.S. Code

11 references not yet in our index

47 CFR 73
50 CFR 229
Pub. L. 104-13
Pub. L. 108-7
Pub. L. 102-446
Pub. L. 105-336
435 U.S. 519
803 F.2d 1016
490 F. Supp. 1334
40 CFR 1503.3
40 CFR 1501.7

Citation graph

cites case law

Rules and Regulations

Proposed rule, denial

U.S.C.§ 801

U.S.C.§ 2104

SCOTUS435 U.S. 519

F. App'x803 F.2d 1016

F. Supp.490 F. Supp. 1334

Cite47 CFR 73

Cite50 CFR 229

Cites 13 · showing 7Cited by 0 across 0 sources