July 8, 2005 – Federal Register Recent Federal Regulation Documents

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services (HHS), is contemplating the grant of an exclusive license worldwide to practice the invention embodied in: Provisional Patent Application Serial No. 60/607,031 filed 9/3/2004, and Provisional Patent Application Serial No. 60/618,275 filed 10/12/2004 titled ``Method for Diagnosis of Atherosclerosis'' referenced at HHS as E-276-2004/0-US-01 and E-276-2004/0-US-01 respectively to Biosite, Inc., having a place of business in the state of California. The field of use may be limited to an FDA approved clinical diagnostic product for atherosclerosis. The United States of America is the assignee of the patent rights in this invention. The territory may be worldwide. This announcement is the first notice to grant an exclusive license to this technology.

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR part 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent license to practice the inventions embodied in U.S. Provisional Patent Application Serial No. 60/024,213, entitled ``Spatially And Temporal Control Of Gene Expression Using A Heat Shock Protein Promoter In Combination With Local Heat'' filed August 15, 1996 (E-235-1995/0-US-01), and all related foreign patents/patent applications, to New England OncoTherapeutics, Inc., having a place of business in Cambridge, Massachusetts. The patent rights in these inventions have been assigned to the United States of America. The prospective exclusive license territory may be worldwide and the field of use may be limited to gene-based therapeutics which incorporate focused ultrasound heating technologies to treat cancer.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and purpose of information collection: Evidence of Marital Relationship, Living with Requirements; OMB 3220-0021. To support an application for a spouse or widow(er)'s annuity under Sections 2(c) or 2(d) of the Railroad Retirement Act, an applicant must submit proof of a valid marriage to a railroad employee. In some cases, the existence of a marital relationship is not formalized by a civil or religious ceremony. In other cases, questions may arise about the legal termination of a prior marriage of an employee, spouse, or widow(er). In these instances, the RRB must secure additional information to resolve questionable marital relationships. The circumstances requiring an applicant to submit documentary evidence of marriage are prescribed in 20 CFR 219.30. In the absence of documentary evidence to support the existence of a valid marriage between a spouse or widow(er) annuity applicant and a railroad employee, the RRB needs to obtain information to determine if a valid marriage existed. The RRB utilizes Forms G-124, Statement of Marital Relationship; G-124a, Statement Regarding Marriage; G-237, Statement Regarding Marital Status; G-238, Statement of Residence; and G-238a, Statement Regarding Divorce or Annulment to secure the needed information. One response is requested of each respondent. Completion is required to obtain benefits. The RRB proposes no changes to the forms in the collection.

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain McDonnell Douglas transport category airplanes. The existing AD requires, among other things, revision of an existing program of structural inspections. This proposed AD would require the implementation of a program of structural inspections of baseline structure to detect and correct fatigue cracking in order to ensure the continued airworthiness of these airplanes as they approach the manufacturer's original fatigue design life goal. This proposed AD is prompted by a significant number of these airplanes approaching or exceeding the design service goal on which the initial type certification approval was predicated. We are proposing this AD to detect and correct fatigue cracking that could compromise the structural integrity of these airplanes.

The invention listed below is assigned to the United States Government as represented by the Secretary of the Navy and is available for licensing by the Department of the Navy. U.S. Patent No. 6,777,937: Nuclear Quadrupole Resonance Method and Apparatus, Navy Case No. 82,481 and any continuations, divisionals or re-issues thereof.

The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. U.S. Patent No. 6,846,345: Synthesis of Metal Nanoparticle Compositions from Metallic and Ethynyl Compounds, Navy Case No. 83,778.//U.S. Patent No. 6,884,861: Metal Nanoparticle Thermoset and Carbon Compositions from Mixtures of Metallocene-Aromatic-Acetylene Compounds, Navy Case No. 82,591.//U.S. Patent No. 6,890,504: Polymeric and Carbon Compositions with Metal Nanoparticles, Navy Case No. 84,963.//U.S. Patent Application No. 09/885,255: Probabilistic Neutral Network for Multi- Criteria Fire Detector, Navy Case No. 83,367.//U.S. Patent Application No. 10/216,470: Bulk Synthesis of Carbon Nanotubes from Metallocene and Oranometallic Transition Metal Complexes of Ethynyl Moieties, Navy Case No. 83,777.//U.S. Patent Application No. 10/652,082: Polymeric and Carbon Compositions with Metal Nanoparticles, Navy Case No. 84,962.// U.S. Patent Application No. 10/750,637: Catalytic Surfaces for Active Protection from Air/water Borne Toxins by Passivation and Adsorption of Toxic Materials, Navy Case No. 84,598.//U.S. Patent Application No. 10/ 875,805: Synthesis of Metal Nanoparticle Compositions from Metallic and Ethynyl Compounds, Navy Case No. 96,386.//U.S. Patent Application No. 10/875,806: Synthesis of Metal Nanoparticle Compositions from Metallic and Ethynyl Compounds, Navy Case No. 96,414.//U.S. Patent Application No. 10/875,807: Synthesis of Metal Nanoparticle Compositions from Metallic and Ethynyl Compounds, Navy Case No. 96,387.//U.S. Patent Application No. 11/018,678: Highly Aromatic Compounds and Polymers as Precursors to Carbon Nanotube and Metal Nanoparticle Compositions in Shaped Solid, Navy Case No. 96,675 and any continuations, continuations in part, divisionals or re-issues thereof.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Final Regulations (40 CFR parts 1500 through 1508); and the U.S. Section's Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981 (46 FR 44083), the USIBWC hereby gives notice that the Draft EA and Draft FONSI are available for Alternatives for Improved Flood Control of the Hidalgo Protective Levee System located in Hidalgo County, Texas. The Hidalgo Protective Levee System was recently identified as a priority area for flood control improvement. The USIBWC is considering alternatives to raise the 4.5-mile levee system in two construction phases, each covering separate geographic reaches of the Hidalgo Protective Levee System. The phased construction approach responds to the likely availability of early funding for Phase 1, the upstream reach of the project. Alternatives under consideration to improve the Hidalgo Protective Levee System would expand the levee footprint by lateral extension of the structure. Levee footprint increases toward the riverside could potentially extend into floodplain areas designated by the U.S. Fish and Wildlife Service as part of the Lower Rio Grande Valley National Wildlife Refuge System. Footprint increases toward the levee landside could extend beyond the USIBWC right-of-way. Soil borrow easements would be used to secure levee material. The EA explains the purpose and need for the Proposed Action, and assesses its potential environmental impacts. The EA also analyzes the No Action Alternative and two alternatives to the Proposed Action: the Phase 2 Footprint Expansion Alternative and the No-Footprint Expansion Alternative. The Proposed Action for Phase 1 of the project is to increase existing levee height with the associated increase in footprint (Phase 1 Footprint Expansion Alternative). This alternative would increase flood containment capacity by raising the height of the existing compacted earthen levee from 3 to 8 feet to meet a 3-foot freeboard requirement indicated by results of hydraulic modeling. The Proposed Action for Phase 2 requires partial rerouting of the 1.2-mile downstream reach of the levee system (Partial Levee Rerouting Alternative). Levee rerouting would eliminate the need for construction of a floodwall in front of the Hidalgo Historic Pumphouse, a resource eligible for inclusion in the National Register of Historic Places, and a future site of the World Birding Center, a project by the City of Hidalgo and the Texas Parks and Wildlife Department. A new levee segment, approximately 0.7 mile in length, would be built along the south margin of the pumphouse intake channel, and the channel would be crossed to tie the new structure to the existing levee system. Floodwall placement would be required along the Hidalgo-Reynosa International Bridge. On the basis of the Draft EA, the USIBWC has determined that an environmental impact statement is not required to implement the Proposed Action, and hereby provides notice of a Finding of No Significant Impact. An environmental impact statement will not be prepared unless additional information which may affect this decision is brought to our attention within thirty (30) days of the date of this Notice of Availability. The Draft EA and Draft FONSI have been sent to various federal, state, and local agencies and interested parties. The Draft EA and Draft FONSI are available under ``What's New?'' on the USIBWC home page at /https://www.ibwc.state.gov; and at the USIBWC Mercedes Field Office at 325 Golf Course Road, Mercedes, TX 78570.

The Naval Research Advisory Committee (NRAC) will meet to hold classified briefs of proprietary information. All sessions of the meetings will be devoted to briefings, discussions and technical examination of information related to the assessment of modern lighter than air applications and their potential value for the full spectrum of Navy missions from an affordability and utility perspective and to meet current and new threat needs. The sessions will also identify, review, and assess technologies for reducing fuel consumption and for militarily useful alternative fuels.

The Food and Drug Administration (FDA) is requesting nominations for nonvoting industry representatives to serve on certain device panels of the Medical Devices Advisory Committee in the Center for Devices and Radiological Health.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for renewal and comment. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on April 27, 2005 (FR Vol. 70, No. 80, page 21835). No comments were received.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ``Telephone Point of Purchase Survey.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

In accordance with the Federal Advisory Committee Act, as amended (Pub. L. 92-463; 5 U.S.C. App. 2) with the concurrence of the General Services Administration, the Secretary of the Treasury has determined that renewal of the Treasury Borrowing Advisory Committee of The Bond Market Association (the ``Committee'') is necessary and in the public interest in connection with the performance of duties imposed on the Department of the Treasury by law.