August 3, 2005 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding for a petition to remove Sclerocactus wrightiae (Wright fishhook cactus), throughout its range, from the Federal list of threatened and endangered species, pursuant to the Endangered Species Act of 1973, as amended (Act). We reviewed the petition and supporting documentation and find that there is not substantial information indicating that delisting of Wright fishhook cactus may be warranted. Therefore, we will not be initiating a further 12-month status review in response to this petition. However, we are initiating a 5-year review of this species under section 4(c)(2)(A) of the ESA that will consider new information that has become available since the listing of the species. This will provide the States, Tribes, other agencies, university researchers, and the public an opportunity to provide information on the status of the species. We are requesting any new information on the Wright fishhook cactus that has become available since its original listing as an endangered species in 1979.

The Department of the Army proposes to amend its regulation on Army Board for Correction of Military Records to be in compliance with the United States District Court for the District of Columbia decision (Daniel J. Lipsman v. Secretary of the ArmyCivil Action No. 02-0151 (RMU), Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist. LEXIS 17866).

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 (except for use as a portable lavatory enclosure), royalty-bearing, revocable license within the geographic area of the United States of America and its territories and possessions to U.S. Patent 6,672,323, issued January 6, 2004 entitled ``Multipurpose Self-Erecting Structure having Advanced Insect Protection and Storage Characteristics,'' to Kamp-Rite Tent Cot, Inc. with its principal place of business at 1050 Connecticut Ave., Suite 1000, Washington, DC 20036.

The Jacksonville District, U.S. Army Corps of Engineers, intends to prepare a Draft Environmental Impact Statement (DEIS) for the Modification of the Kissimmee Basin (KB) Structure Operating Criteria. This project involves the establishment of a coordinated schedule of water level drawdowns throughout the seventeen lakes comprising the Kissimmee Chain of Lakes, in the Kissimmee Upper Basin (KUB), and the possible effects on the Kissimmee Lower Basin (KLB). The ultimate purpose of the action is to facilitate environmental restoration throughout those water bodies. The local sponsor is the South Florida Water Management District. This Notice of Intent (NOI) constitutes a re-issue of the NOI titled: Intent to Prepare a Draft Environmental Impact Statement for the Kissimmee Chain of Lakes Portion of the Kissimmee River Restoration Project, and published in the Federal Register on May 19, 2005 (70 FR 28923). The re-issue is due to the work undergoing a change in both title and scope, to now include the entire basin (KB) of the Kissimmee River.

In October 2002, the U.S. Department of Energy (DOE or the Department) issued the Final Idaho High-Level Waste (HLW) and Facilities Disposition Environmental Impact Statement (DOE/EIS-0287 (Final EIS)). The Final EIS contains an evaluation of reasonable alternatives for the management of mixed transuranic waste/sodium bearing waste (SBW),\1\ mixed HLW calcine, and associated low-level waste (LLW), as well as disposition alternatives for HLW facilities when their missions are completed. DOE's preferred alternative in the Final EIS for SBW waste processing was to implement the proposed action by selecting from among the action alternatives, options, and technologies analyzed in the Final EIS, and to construct facilities necessary to prepare the SBW located at the Idaho Nuclear Technology and Engineering Center (INTEC) for the preferred disposition path to the Waste Isolation Pilot Plant (WIPP). In the Final EIS DOE did not identify a preferred treatment technology for SBW from among the several technology options evaluated.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of saltcedar (Tamarix spp.). The environmental assessment considers the effects of, and alternatives to, the release of a nonindigenous leaf beetle, Diorhabda elongata, into the environment to reduce the severity of saltcedar infestations. The environmental assessment provides a basis for our conclusion that the release into the environment of the biological control agent will not present a risk of introducing plant pests into the United States or disseminating plant pests within the United States and will not have a significant impact on the quality of the human environment. Based on its findings of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award U.S. $750,000 through a sole source cooperative agreement to Jesus Cares Ministries (JCM), a local, Zambian, faith-based organization. This funding will be used to support a three-year second phase of the JCM project ``Combating Child Labor Through Education''. Funding for this award is based on the FY 2005 appropriation to USDOL for improving ``access to basic education in international areas with a high rate of abusive and exploitative child labor'' through the Child Labor Education Initiative grant program. Since 1995, USDOL has awarded grants to international and non-governmental organizations working to eliminate the worst forms of child labor through the provision of basic education. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 Stat. 2809 (2004). The cooperative agreement awarded under this initiative will be managed by ILAB's International Child Labor Program (ICLP) to assure achievement of the stated goals. ILAB finds JCM is uniquely qualified by virtue of its institutional and individual knowledge of conditions in Zambia, its familiarity with local officials and support groups, and its readily available personnel and facilities, to provide the kinds of services needed to best reach the intended target group in Zambiachildren working in the worst forms of child labor and those at-risk of entering such work, including children working in stone crushing, in exploitive agricultural work, and those who live and work on streets in urban areas. The range of services provided by JCM includes counseling, provision of transitional and vocational education, and placement of children in formal schools. JCM also has been instrumental in protecting children affected by HIV/ AIDS from entering harmful labor conditions in Zambia, where the HIV/ AIDS pandemic has left hundreds of thousands of children vulnerable to such exploitation. USDOL's experience working with JCM dates back to 2002, when JCM submitted a proposal to USDOL in response to a solicitation for grant applications under USDOL's Child Labor Education Initiative (EI). As a result of that competitive procurement process, USDOL entered into a cooperative agreement with JCM to implement an EI project in Zambia. JCM has been innovative in using a community school approach to reach the over 2,000 children that it targeted in Phase 1 of the project. JCM was also successful in meeting all of the other goals it set for the first phase of the project. Moreover, this approach has encouraged local ownership and buy-in of the project. JCM has also secured additional funding from the Zambian government and from international organizations to complement its activities under their USDOL grant. JCM is staffed entirely by host country nationals and operates in several urban parts of the country, as well as in Zambia's Eastern Province. Given the extensive stakeholder relationships that JCM has nurtured in Zambia, their innovative community school approach, and efficient management structure, USDOL finds JCM to be uniquely qualified for this sole source award. The awarding of further USDOL support for JCM will allow it to reach many more vulnerable children and further expand its role as a leading local organization working to eliminate the worst forms of child labor in Zambia. For additional information on this award, please contact Kevin Willcutts at (202) 693-4843.

The Food and Drug Administration (FDA) is planning a 2-day workshop to explore approaches and potential obstacles to developing drugs, disease biomarkers, medical devices, and vaccines to prevent or reduce the risk of illness. The agency plans to hold the workshop as part of its Critical Path Initiative. Speakers at the workshop will be asked to discuss the challenges in developing chemoprevention therapies (i.e., prevention therapies other than lifestyle changes, dietary supplements, or dietary choices that could reduce the risk of certain illnesses such as cancer, diabetes, and obesity). Because prevention of illness is widely recognized to be an important goal and the possible scope of this workshop is very broad, FDA welcomes comments related to the scope of this workshop.

The Department of Health and Human Services (DHHS), 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. Currently, the Indian Health Service (IHS) is providing a 60- day advance opportunity for public comment on a proposed extension of current information collection activity to be submitted to the Office of Management and Budget for review. Proposed Collection: Title: 0917-0026, ``Final Rule to Implement Title V of the Tribal Self-Governance Amendments of 2000''. Type of Information Collection Request: Extension, without revision, of currently approved information collection, 0917-0026, ``Final Rule to Implement Title V of the Tribal Self-Governance Amendments of 2000''. Form Number: None. Forms: None. Need and Use of Information Collection: The ``Tribal Self-Governance Amendments of 2000'', Pub. L. 106-206 (the act), repeals Title III of the Indian Self-Determination Act, Pub. L. 93-638, as amended, (ISDA) and enacts Title V that established a permanent Self-Governance program within DHHS. Thus, Indian and Alaska Native Tribes are now able to compact for the operation, control, and redesign of various IHS activities on a permanent basis. The final rule has been negotiated among representatives of Self-Governance and non- Self-Governance Tribes and the DHHS. The final rule included provision governing how DHHS/IHS carries out its responsibility to Indian Tribes under the Act and how Indian Tribes carry out their responsibilities under the Act. As required by section 517(b) of the Act, the Department has developed this final rule with active Tribal participation of Indian Tribes, inter-Tribal consortia, Tribal organizations and individual Tribal members, using the guidance of the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq. Health status reporting requirements will be negotiated on an individual Tribal basis and included in individual compacts of funding agreements. Response to the data collection continues to be voluntary; however, submission of the data is essential to participation in the Tribal Self-Governance process. Self-Governance Tribes have the option of participating in a voluntary national uniform data collection effort with the IHS. The department is seeking continued OMB approval of the collection of information identified in the following sections of regulations: subpart CSelection of Tribes for Participation in Self-Governance, subpart D and ECompact and Funding Agreement, subpart NConstruction Projects, and Subpart P Appeals. Affected Public: Individual Tribes. Type of Respondents: Tribal representatives. The table below provides the estimated burden hours for this information collection:

The Department of the Army and NGB have proposed to transform the PAARNG's 56th Brigade into an SBCT. This DEIS discusses in-depth three alternatives: (1) the Preferred Alternative, (2) Train Using Existing Army Facilities Alternative, and (3) the No Action Alternative. Under the Preferred Alternative, the PAARNG proposed construction of new training and support facilities at NGTC-FTIG; at Fort Pickett, Virginia; and at local PAARNG facilities across the State of Pennsylvania, as well as conducting Annual Training (AT) at Fort A.P. Hill, Virginia, in order to accomplish requisite training. Under the Train Using Existing Army Facilities Alternative, no construction at NGTC-FTIG or Fort Pickett would occur; the statewide facilities improvements would occur. Required SBCT Inactive Duty Training (IDT) and AT would be conducted at select regional Army training installations using existing facilities. Other alternatives considered but eliminated from detail study are also addressed in the DEIS.

The John Day/Snake Resource Advisory Council (JDSRAC) meeting scheduled for September 21, 2005, in Pendleton, Oregon, has been rescheduled to September 12, 2005. The meeting will be held at the Geiser Grand Hotel, 1996 Main Street, Baker City, Oregon. The meeting may include such topics as off highway vehicle, noxious weeds, planning, Sage-grouse, mining and other matters that may come before the council. A field trip is scheduled for September 13, 2005 to discuss mining operations on public lands in the Baker City area. The meeting is open to the public. Public comment is scheduled for 11 a.m. to 11:15 a.m. (Pacific standard time) September 12, 2005. For a copy of the information to be distributed to the JDSRAC members, please submit a written request to the BLM Vale District Office 10 days prior to the meeting.

The Olympic Province Advisory Committee (OPAC) will meet on Friday, August 26, 2005. The meeting will be held at the DNR/Forest Service Conference Room, 437 Tillicum Lane, Forks, Washington. The meeting will begin at 9:30 a.m. and end at approximately 3 p.m. Agenda topics are: Current Status of Key Forest Issues; Management of Late Successional Reserves; Pacific Ranger District's Recent and Planned Activities; Pacific Northwest Lab Update; Olympic Discovery Trail Update; Open forum; and Public comments. All Olympic Province Advisory Committee Meeetings are open to the public. Interested citizens are encouraged to attend.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Boise District Resource Advisory Council (RAC), will meet as indicated below.

The FHWA is issuing this revised notice of intent to update the public, Tribes, and agencies of changes made to the previous notice of intent for a proposed highway project along SR 99 in Seattle, King County, Washington. The previous notice of intent was published in the Federal Register on September 26, 2003. It announced that a Draft Environmental Impact Statement (EIS) would be prepared for the Alaskan Way Viaduct and Seawall Replacement Project. The Draft EIS for the Alaskan Way Viaduct and Seawall Replacement Project was published March 31, 2004. Since the Draft EIS was issued, the project's purpose and need statement has been revised to include access and safety improvements from the Battery Street Tunnel north to Roy Street.

On June 24, 2003, the agency published a final rule mandating, in part, the use of the Hybrid III 6-year-old test dummy in compliance testing under Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child restraint systems, beginning August 1, 2005. That same rule permitted optional use of the Hybrid III 6-year-old test dummy for compliance testing prior to August 1, 2005. A child restraint manufacturer filed a petition for rulemaking requesting that the date for mandatory use of the Hybrid III 6-year-old test dummy be delayed. The manufacturer stated that such a delay was necessary because of technical issues that have arisen through the use of this new test dummy. In response to this petition, we are permitting use of the Hybrid III 6-year-old test dummy or the Hybrid II 6-year-old test dummy for compliance testing under FMVSS No. 213 until August 1, 2008.

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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 30, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Intermec Technologies Corporation. A letter supplementing the complaint was filed on July 12, 2005. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hand-held mobile computing devices, components thereof and cradles therefor by reason of infringement of claims 62, 66, 67, 71, 126, and 130-132 of U.S. Patent No. 5,410,141, claims 1-3 of U.S. Patent No. 5,468,947, and claims 17-25 and 27-31 of U.S. Patent No. 6,375,344. The complaint further alleges that there exists an industry in the United States as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 1, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, and Unilin Flooring N.C. LLC of Thomasville, North Carolina. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain laminated floor panels by reason of infringement of claims 1, 14, 17, 19, 20, 21, 37, 52, 65, and 66 of U.S. Patent No. 6,006,486, claims 1, 2, 10, 13, 18, 19, 22, 23, 24, and 27 of U.S. Patent No. 6,490,836, and claims 1-6 of U.S. Patent No. 6,874,292. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders.

The Tehama County Resource Advisory Committee (RAC) will meet in Red Bluff, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comment, (4) Project Proposal/Possible Action, (5) Sub-Committee Reports, (6) Organization/ Comment on Projects, (7) General Discussion, (8) County Update, (9) Next Agenda.

The Assistant Secretary for Special Education and Rehabilitative Services announces three priorities and definitions under the Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program. The Assistant Secretary may use these priorities and definitions for competitions in fiscal year (FY) 2005 and later years. We take this action to focus on training and education as an identified area of national and regional need. We intend for the priorities to improve the quality of interpreters in the field by providing quality educational opportunities with consumer involvement throughout the process and with a specific focus on interpreters working with consumers of vocational rehabilitation (VR) services.