Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Topeka Shiner, 15239-15245 [05-5954]
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
with NFPA 72, National Fire Alarm
Code, for hard-wired AC systems; or
(B) The facility has a sprinkler system
throughout that is installed, tested, and
maintained in accordance with NFPA
13, Automatic Sprinklers.
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Protection Association, 1 Batterymarch
Park, Quincy, MA 02269. If any
additional changes are made to this
amendment, CMS will publish notice in
the Federal Register to announce the
changes.
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Subpart I—Conditions of Participation
for Intermediate Care Facilities for the
Mentally Retarded
PART 485—CONDITIONS OF
PARTICIPATION: SPECIALIZED
PROVIDERS
I
13. Revise paragraph (j)(7) to § 483.470
to read as follows:
I
§ 483.470 Condition of participation:
Physical environment.
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395(hh)).
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(j) * * *
(7) Facilities that meet the LSC
definition of a health care occupancy.
(i) After consideration of State survey
agency recommendations, CMS may
waive, for appropriate periods, specific
provisions of the Life Safety Code if the
following requirements are met:
(A) The waiver would not adversely
affect the health and safety of the
clients.
(B) Rigid application of specific
provisions would result in an
unreasonable hardship for the facility.
(ii) Notwithstanding any provisions of
the 2000 edition of the Life Safety Code
to the contrary, a facility may install
alcohol-based hand rub dispensers if—
(A) Use of alcohol-based hand rub
dispensers does not conflict with any
State or local codes that prohibit or
otherwise restrict the placement of
alcohol-based hand rub dispensers in
health care facilities;
(B) The dispensers are installed in a
manner that minimizes leaks and spills
that could lead to falls;
(C) The dispensers are installed in a
manner that adequately protects against
access by vulnerable populations; and
(D) The dispensers are installed in
accordance with chapter 18.3.2.7 or
chapter 19.3.2.7 of the 2000 edition of
the Life Safety Code, as amended by
NFPA Temporary Interim Amendment
00–1(101), issued by the Standards
Council of the National Fire Protection
Association on April 15, 2004. The
Director of the Office of the Federal
Register has approved NFPA Temporary
Interim Amendment 00–1(101) for
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. A copy of the amendment
is available for inspection at the CMS
Information Resource Center, 7500
Security Boulevard, Baltimore, MD and
at the Office of the Federal Register, 800
North Capitol Street NW., Suite 700,
Washington, DC. Copies may be
obtained from the National Fire
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14. The authority citation for part 485
continues to read as follows:
Subpart F—Conditions of
Participation: Critical Access Hospitals
(CAHs)
15239
additional changes are made to this
amendment, CMS will publish notice in
the Federal Register to announce the
change.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program).
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program).
Dated: September 1, 2004.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: December 7, 2004.
Tommy G. Thompson,
Secretary.
[FR Doc. 05–5919 Filed 3–24–05; 8:45 am]
BILLING CODE 4120–01–P
15. Add a new paragraph (d)(7) to
§ 485.623 to read as follows:
I
§ 485.623 Condition of participation:
Physical plant and environment.
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(d) * * *
(7) Notwithstanding any provisions of
the 2000 edition of the Life Safety Code
to the contrary, a critical access hospital
may install alcohol-based hand rub
dispensers in its facility if—
(i) Use of alcohol-based hand rub
dispensers does not conflict with any
State or local codes that prohibit or
otherwise restrict the placement of
alcohol-based hand rub dispensers in
health care facilities;
(ii) The dispensers are installed in a
manner that minimizes leaks and spills
that could lead to falls;
(iii) The dispensers are installed in a
manner that adequately protects against
access by vulnerable populations; and
(iv) The dispensers are installed in
accordance with chapter 18.3.2.7 or
chapter 19.3.2.7 of the 2000 edition of
the Life Safety Code, as amended by
NFPA Temporary Interim Amendment
00–1(101), issued by the Standards
Council of the National Fire Protection
Association on April 15, 2004. The
Director of the Office of the Federal
Register has approved NFPA Temporary
Interim Amendment 00–1(101) for
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. A copy of the amendment
is available for inspection at the CMS
Information Resource Center, 7500
Security Boulevard, Baltimore, MD and
at the Office of the Federal Register, 800
North Capitol Street NW., Suite 700,
Washington, DC. Copies may be
obtained from the National Fire
Protection Association, 1 Batterymarch
Park, Quincy, MA 02269. If any
PO 00000
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AI20
Endangered and Threatened Wildlife
and Plants; Final Designation of
Critical Habitat for Topeka Shiner
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce
corrections to the final rule designating
critical habitat for the Topeka shiner
(Notropis topeka), published in the
Federal Register on July 27, 2004. In the
final rule, the map legends incorrectly
referred to stream segments as
‘‘proposed’’ critical habitat rather than
‘‘designated’’ critical habitat, and six
transcription errors were included in
legal descriptions of critical habitat from
Unit 1 (Iowa) and Unit 4 (Minnesota).
This document corrects these errors.
DATES: Effective August 26, 2004.
FOR FURTHER INFORMATION CONTACT:
Vernon Tabor, Kansas Ecological
Services Field Office, 315 Houston
Street, Suite E, Manhattan, Kansas
66502 (telephone 785–539–3474;
facsimile 785–539–8567). The complete
file for this correction document and the
rule are available for public inspection,
by appointment, during normal business
hours at the above address. Copies of
the rule, draft economic analysis, and
draft environmental assessment are
available by writing to the above
address or by connecting to the Service
E:\FR\FM\25MRR1.SGM
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15240
Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
Internet Web site at https://mountainprairie.fws.gov/ topekashiner/ch.
SUPPLEMENTARY INFORMATION: On July
27, 2004, we published a final rule
designating critical habitat for the
Topeka shiner (Notropis topeka), a
species of fish native to small streams in
the Central Plains Region (69 FR 44736).
The map legends on the five maps
included in the final rule incorrectly
referred to ‘‘proposed critical habitat’’
rather than ‘‘designated critical habitat’’
and ‘‘not proposed as critical habitat’’
rather than ‘‘not designated as critical
habitat.’’ In addition, the final rule
included six transcription errors in legal
descriptions of critical habitat from Unit
1 (North Raccoon River Watershed,
Iowa) and Unit 4 (Big Sioux River/Rock
Rivers Watershed, Minnesota). Finally,
Map 4 had one typographical error in
the title. We are providing corrected
maps and corrected legal coordinates for
the description of designated critical
habitat for Topeka shiner.
In the final rule, we designated as
critical habitat a total of 83 stream
segments, representing 1,356 kilometers
(836 miles) of stream in the States of
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Iowa, Minnesota, and Nebraska. We
excluded from designation all
previously proposed critical habitat in
the States of Kansas, Missouri, and
South Dakota under authority of
sections 3(5)(A) and 4(b)(2) of the
Endangered Species Act (Act), and
excluded critical habitat from
designation on the Fort Riley Military
Installation in Kansas under authority of
section 4(a)(3) of the Act. The number
of stream segments and length of stream
channel designated as critical habitat do
not change with this correction
document, nor do the exclusions
provided by the final rule.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Correction
PART 17—[CORRECTED]
For reasons set forth in the preamble,
50 CFR part 17 is corrected by making
the following correcting amendments:
I
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1. The authority citation for part 17
continues to read as follows:
I
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
I 2. In § 17.95 for the ‘‘Topeka Shiner’’
amend paragraphs (e)(5)(i) and (ii), by
revising ‘‘R35W’’ to read ‘‘R36W’’
wherever it appears.
3. In § 17.95(e)(5)(x), correct the legal
description for Unit 1 to read as follows:
I
§ 17.95
Critical habitat—fish and wildlife.
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(e) * * *
(5) * * *
(x) Reach 6b. West Cedar Creek from
its confluence with East Cedar Creek
(T87N, R31W, Sec. 31), upstream to a
point 2,000 feet west of the east section
line of T87N, R31W, Sec. 18.
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4. In § 17.95(e)(6), revise Map 1 to read
as follows:
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5. In § 17.95(e)(8), revise Map 2 to read
as follows:
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6. In § 17.95(e)(10), revise Map 3 to
read as follows:
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8. In § 17.95(e)(11)(xxi), remove the
words ‘‘its confluence with Beaver
Creek’’ and add in their place ‘‘the
Minnesota/South Dakota border’’.
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9. In § 17.95(e)(11)(xlii), remove the
words ‘‘Sec. 33’’ and add in their place
‘‘Sec. 13’’.
I 10. In § 17.95(e)(12), revise Map 4 to
read as follows:
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7. In § 17.95(e)(11)(xvi), remove the
words ‘‘Sec. 22’’ and ‘‘Sec. 23’’ and add
in their place, respectively, ‘‘Sec. 23’’
and ‘‘Sec. 22’’.
I
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
11. In § 17.95(e)(14), revise Map 5 to
read as follows:
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
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15245
Dated: March 17, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 05–5954 Filed 3–24–05; 8:45 am]
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BILLING CODE 4310–55–C
]]>Agencies
[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Rules and Regulations]
[Pages 15239-15245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5954]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI20
Endangered and Threatened Wildlife and Plants; Final Designation
of Critical Habitat for Topeka Shiner
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
corrections to the final rule designating critical habitat for the
Topeka shiner (Notropis topeka), published in the Federal Register on
July 27, 2004. In the final rule, the map legends incorrectly referred
to stream segments as ``proposed'' critical habitat rather than
``designated'' critical habitat, and six transcription errors were
included in legal descriptions of critical habitat from Unit 1 (Iowa)
and Unit 4 (Minnesota). This document corrects these errors.
DATES: Effective August 26, 2004.
FOR FURTHER INFORMATION CONTACT: Vernon Tabor, Kansas Ecological
Services Field Office, 315 Houston Street, Suite E, Manhattan, Kansas
66502 (telephone 785-539-3474; facsimile 785-539-8567). The complete
file for this correction document and the rule are available for public
inspection, by appointment, during normal business hours at the above
address. Copies of the rule, draft economic analysis, and draft
environmental assessment are available by writing to the above address
or by connecting to the Service
[[Page 15240]]
Internet Web site at https://mountain-prairie.fws.gov/ topekashiner/ch.
SUPPLEMENTARY INFORMATION: On July 27, 2004, we published a final rule
designating critical habitat for the Topeka shiner (Notropis topeka), a
species of fish native to small streams in the Central Plains Region
(69 FR 44736). The map legends on the five maps included in the final
rule incorrectly referred to ``proposed critical habitat'' rather than
``designated critical habitat'' and ``not proposed as critical
habitat'' rather than ``not designated as critical habitat.'' In
addition, the final rule included six transcription errors in legal
descriptions of critical habitat from Unit 1 (North Raccoon River
Watershed, Iowa) and Unit 4 (Big Sioux River/Rock Rivers Watershed,
Minnesota). Finally, Map 4 had one typographical error in the title. We
are providing corrected maps and corrected legal coordinates for the
description of designated critical habitat for Topeka shiner.
In the final rule, we designated as critical habitat a total of 83
stream segments, representing 1,356 kilometers (836 miles) of stream in
the States of Iowa, Minnesota, and Nebraska. We excluded from
designation all previously proposed critical habitat in the States of
Kansas, Missouri, and South Dakota under authority of sections 3(5)(A)
and 4(b)(2) of the Endangered Species Act (Act), and excluded critical
habitat from designation on the Fort Riley Military Installation in
Kansas under authority of section 4(a)(3) of the Act. The number of
stream segments and length of stream channel designated as critical
habitat do not change with this correction document, nor do the
exclusions provided by the final rule.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Correction
PART 17--[CORRECTED]
0
For reasons set forth in the preamble, 50 CFR part 17 is corrected by
making the following correcting amendments:
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. In Sec. 17.95 for the ``Topeka Shiner'' amend paragraphs (e)(5)(i)
and (ii), by revising ``R35W'' to read ``R36W'' wherever it appears.
0
3. In Sec. 17.95(e)(5)(x), correct the legal description for Unit 1 to
read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) * * *
(5) * * *
(x) Reach 6b. West Cedar Creek from its confluence with East Cedar
Creek (T87N, R31W, Sec. 31), upstream to a point 2,000 feet west of the
east section line of T87N, R31W, Sec. 18.
* * * * *
0
4. In Sec. 17.95(e)(6), revise Map 1 to read as follows:
BILLING CODE 4310-55-P
[[Page 15241]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.114
0
5. In Sec. 17.95(e)(8), revise Map 2 to read as follows:
[[Page 15242]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.115
0
6. In Sec. 17.95(e)(10), revise Map 3 to read as follows:
[[Page 15243]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.116
0
7. In Sec. 17.95(e)(11)(xvi), remove the words ``Sec. 22'' and ``Sec.
23'' and add in their place, respectively, ``Sec. 23'' and ``Sec. 22''.
0
8. In Sec. 17.95(e)(11)(xxi), remove the words ``its confluence with
Beaver Creek'' and add in their place ``the Minnesota/South Dakota
border''.
0
9. In Sec. 17.95(e)(11)(xlii), remove the words ``Sec. 33'' and add in
their place ``Sec. 13''.
0
10. In Sec. 17.95(e)(12), revise Map 4 to read as follows:
[[Page 15244]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.117
0
11. In Sec. 17.95(e)(14), revise Map 5 to read as follows:
[[Page 15245]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.118
* * * * *
Dated: March 17, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-5954 Filed 3-24-05; 8:45 am]
BILLING CODE 4310-55-C
