March 25, 2005 – Federal Register Recent Federal Regulation Documents

The Department of Commerce, 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 the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

EPA expressed environmental concerns about the proposed project's cumulative and indirect impacts. ERP No. D-COE-B09801-MA Rating 3, Cape Wind Energy Project, Construct and Operate 130 Wind Turbine Generators on Horseshoe Shoal in Nantucket Sound, MA. Summary: EPA commented that the information and analysis provided in the Draft EIS was inadequate, noting that the DEIS does not provide enough information to fully characterize baseline environmental conditions, the environmental impacts of the project, and alternatives that avoid or minimize those impacts. ERP No. D-COE-G32057-TX Rating LO, Cedar Bayou Navigation Channel (CBNC) Improvements Project, Implementation, Near Baytown in Harris and Chambers Counties, TX. Summary: EPA had no objections to the proposed alternative. ERP No. D-SFW-K99034-CA Rating EC2, Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), Santa Rosa and San Jacinto Mountains Trails Plan, Issuance of Incidental Take Permits, Riverside County, CA. Summary: EPA expressed environmental concerns about water and air quality impacts, and requested additional information regarding consultation with tribal governments, environmental justice issues, enforcement of the Plan, and impacts to cultural resources and migratory birds. ERP No. DS-NPS-K65325-CA Rating LO, Merced Wild and Scenic River Revised Comprehensive Management Plan, Amend and Supplement Information, Yosemite National Park, El Portal Administrative Site, Tuolume, Merced, Mono, Mariposa and Madera Counties, CA. Summary: EPA has no objections to the preferred alternative. However, EPA requests that the Park Service consider additional protection measures for the exceptional cultural resources in El Portal when delineating and zoning the river boundary.

The EPA is proposing to exempt permanently from the title V operating permit program five categories of nonmajor (area) sources subject to national emission standards for hazardous air pollutants (NESHAP). The EPA is proposing to make a finding for these categories, consistent with the Clean Air Act requirement for making such an exemption, that compliance with Title V permitting requirements is impracticable, infeasible, or unnecessarily burdensome on the categories. The five source categories are dry cleaners, halogenated solvent degreasers, chrome electroplaters, ethylene oxide (EO) sterilizers and secondary aluminum smelters. The EPA is proposing to decline making such a finding for a sixth category, area sources subject to the secondary lead smelter NESHAP. A previous deferral from permitting for these six categories expired on December 9, 2004, subjecting all such sources to the title V program unless and until EPA finalizes an exemption for a category.

The Forest Counties Payments Committee will meet in Sparks, Nevada, April 15, 2005. The purpose of the meeting is to discuss Section 320 of the Interior and Related Agencies Appropriations Act of 2001.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 6,860,156 B1 entitled ``Combined In-Plane Shear and Multi-Axial Tension or Compression Testing Apparatus'' issued March 1, 2005. This patent has been assigned to the United States Government as represented by the Secretary of the Navy.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 463) announcement is made of the following committee meeting: Name of Committee: U.S. Army Command and General Staff College (CGSC) Advisory Committee. Date of Meeting: April 18-20, 2005. Place of Meeting: Bell Hall, Room 113, Fort Leavenworth, KS 66027- 1352. Time of Meeting: 3 p.m.-5 p.m. (April 18, 2005); 7:30 a.m.-5 p.m. (April 19, 2005); and 7:30 a.m.-2 p.m. (April 20, 2005). Proposed Agenda: Review of CGSC educational program and Executive Session and Report to Commandant (10 a.m.-12 p.m., April 20, 2005).

In accordance with 35 U.S.C. 209 and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant an exclusive, royalty- bearing, revocable license within the geographic area of the United States of America and its territories and possessions to U.S. Provisional Patent S.N. 60/533,375, filed April 13, 2004 entitled ``Marburg Virus-Like Particles as a Vaccine for Prevention of Lethal Marburg Virus Disease,'' U.S. Patent application 10/289,839, filed November 7, 2002 entitled ``Generation of Virus-like Particles and Demonstration of Lipid Rafts as Sites of Filovirus Entry and Budding,'' and U.S. Patent application 10/066,506, filed January 31, 2002 entitled, ``Chimeric Filovirus Glycoprotein,'' for the specific claims and use related to the virus-like particle technology described therein, to be limited to the field of use of developing and commercializing prophylactic (preventative) vaccines and immunotherapties (active and passive) against the Ebola and Marburg filoviruses, individually or jointly to Virionics Corporation with its principal place of business at 19108 Barksdale Court, Germantown, MD 20874-1526.

This notice announces the second public meeting of the Advisory Board on the Demonstration of a Bundled Case-Mix Adjusted Payment System for End-Stage Renal Disease (ESRD) Services. Notice of this meeting is required by the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)(1) and (a)(2)). The Advisory Board will provide advice and recommendations with respect to the establishment and operation of the demonstration mandated by section 623(e) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

This notice extends the comment period for a proposed rule published in the Federal Register on February 4, 2005, (70 FR 6140). The proposed rule sets forth the requirements that heart, heart-lung, intestine, kidney, liver, lung, and pancreas transplant centers would be required to meet to participate as Medicare-approved transplant centers. These proposed revised requirements focus on an organ transplant center's ability to perform successful transplants and deliver quality patient care as evidenced by good outcomes and sound policies and procedures. We also proposed that approval, as determined by a center's compliance with the proposed data submission, outcome, and process requirements would be granted for 3 years. Every 3 years, approvals would be renewed for transplant centers that continue to meet these requirements. We proposed these revised requirements to ensure that transplant centers continually provide high-quality transplantation services in a safe and efficient manner. The comment period for the proposed rule is extended for 60 days.

In this proposed rule, we propose revisions to four of the current hospital conditions of participation (CoPs) for approval or continued participation in the Medicare and Medicaid programs. We are proposing changes to the CoP requirements related to: Completion of a history and physical examination in the medical staff and the medical record services CoPs; authentication of verbal orders in the nursing service and the medical record services CoPs; securing medications in the pharmaceutical services CoP; and completion of the postanesthesia evaluation in the anesthesia services CoP. These proposals respond to concerns within the medical community that the current Medicare hospital CoPs are contrary to current practice and are unduly burdensome. The changes specified in this proposed rule are consistent with current medical practice and will reduce the regulatory burden on hospitals.

This notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act. Meeting notice is hereby given for the Eugene District BLM Resource Advisory Committee pursuant to Section 205 of the Secure Rural Schools and Community Self Determination Act of 2000, Pub. L. 106-393 (the Act). Topics to be discussed by the BLM Resource Advisory Committee include selection of a chairperson, public forum and proposed projects for funding in ``Round 5, FY 06'' under Title II of the Act.

The Bureau of Land Management (BLM) has filed the plats of survey of the lands described below in the BLM Wyoming State Office, Cheyenne, Wyoming, on March 15, 2005.

The Department of Agriculture, Forest Service, will prepare an environmental impact statement (EIS) for the Echo Trail Area Forest Management Project. The Record of Decision will disclose how the Forest Service will manage vegetation to meet landscape ecosystem objectives in the Project Area. The project Area encompasses about 126,000 acres of National Forest System land. The Proposed Action would provide approximately 80 million board feet of timber to local and regional timber markets; harvest approximately 16,006 acres of mature and overmature stands in the Jack Pine/Black Spruce, Dry-mesic Red and White Pine, and Lowland Conifer landscape ecosystems; thin about 838 acres of pine; do timber stand improvement activities on about 287 acres and diversity planting on about 981 acres; and provide road access across National Forest System land to State and county forested lands. The transportation system would also be analyzed to provide roads for forest resource management. A range of alternatives, including a no- action alternative, will be developed to respond to significant issues. The proposed project is located on the LaCroix and Kawishiwi Ranger Districts, Cook and Ely, Minnesota, Superior National Forest. In addition , the Proposed Action may create temporary openings greater than 1,000 acres.

FRA is issuing notice of a public conference that will be held in Fort Lauderdale, FL to discuss the appropriate excess risk estimate that should be applied to highway-rail grade crossings that are currently subject to FRA Emergency Order 15 (``E.O. 15''). The public conference will provide an opportunity for interested parties to provide information to FRA on the effect of silencing the locomotive horn at highway-rail grade crossings that are currently subject to E.O. 15.

The Corps of Engineers is amending its regulations to establish a danger zone on navigable portions of the Salt River and the Rolling Fork River and the non-navigable portions of Otter Creek, within the installation boundaries of the Fort Knox Military Reservation. These regulations will enable the Army to prohibit public access to the area and enhance safety and security within active military impact and training areas. The Salt River passes through an active military area. Unexploded ordnance (UXO) from military weapons firing is located within the areas along the river and a multi-purpose digital training range is under construction in this area. The Salt River is also used for river training activities. Training and military weapons firing activities occur approximately 320 days per year in this area. The Rolling Fork River passes through the center of the Yano Multi-purpose Training Range. Weapons firing from artillery, M1A2 Abrams Tanks, Bradley Fighting Vehicles, helicopters, and other weapons systems occur approximately 320 days of each year. Otter Creek runs through the installation. Otter Creek travels through Training Areas 8, 9, and 10. These areas are used to train soldiers for combat operation training on M1A2 Abrams Tanks and Bradley Fighting Vehicles. Artillery simulators and other explosive devices are used for these training activities, presenting a risk to civilians entering the area. These regulations are necessary to protect the public from potentially hazardous conditions that may exist as a result of Army use and security of the area. The regulations will also safeguard government personnel and property from sabotage and other subversive acts, accidents, or incidents of similar nature.

The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for terms of office ending June 30, 2008. Selected nominees sought by this action would replace those six producer and industry representatives who are currently serving for the initial term of office that ends June 30, 2005. The Board consists of 18 members representing producers and industry representatives.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the South Texas Onion Committee (Committee) for the 2004-05 and subsequent fiscal periods from $0.03 to $0.02 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Authorization to assess onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This document announces the sign-up CSP-05-01 for the Conservation Security Program (CSP). This sign-up will be open from March 28, 2005, through May 27, 2005, in selected 8-digit watersheds in all 50 States and the Caribbean.