September 9, 2005 – Federal Register Recent Federal Regulation Documents

The Hood/Willamette Resource Advisory Committee (RAC) will meet on Thursday, September 29, 2005. The meeting and field trip is scheduled to begin at 9 a.m. and will conclude at approximately 4:30 p.m. The meeting will be held at the Sweet Home Ranger Station; 3225 Highway 20; Sweet Home, Oregon; (541) 367-5168. The tentative agenda includes: (1) Finalizing Recommendations on 2006 Projects: (2) Public Forum; and (3) Field Trip to Title II Projects. The Public Forum is tentatively scheduled to begin at 9:15 p.m. Time allotted for individual presentations will be limited to 3-4 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the September 29th meeting by sending them to Designated Federal Official Donna Short at the address given below.

The Siskiyou County Resource Advisory Committee will meet in Yreka, California, September 19, 2005. The meeting will include routine business and the review, discussion, and possible recommendation of submitted large projects.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal poultry products inspection regulations to provide that turkey slaughter establishments that open turkey carcasses with Bar-type cuts may operate at the maximum line speeds established for J- type cuts, if the establishment uses the specific type of shackle described in this proposed rule. Under this proposed rule, as under current regulations, the inspector in charge will reduce line speeds when, in his or her judgment, the prescribed inspection procedure cannot be adequately performed within the time available because of the health conditions of a particular flock or because of other factors. Such factors include the manner in which birds are being presented to the inspector for inspection and the level of contamination among the birds on the line.

The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether revocation of the countervailing duty orders on brass sheet and strip from Brazil and France and the antidumping duty orders on brass sheet and strip from Brazil, Canada, France, Germany, Italy, and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is publishing this notice to inform certified organic producers and handlers of AMS' intention to release the names and addresses of certified operations to the general public. AMS has determined that the Organic Foods Production Act of 1990, as amended, 7 U.S.C. 6501 et seq. (OFPA), authorizes the release of the names and addresses of certified organic producers and handlers under the broad category of information characterized by the OFPA as ``certification documents.'' Therefore, AMS intends to release the names and addresses of certified producers and handlers to the general public in response to requests for such information.

Notice is given of the appointment of members to a Performance Review Board for Architectural and Transportation Barriers Compliance Board.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332 (C) and (D) (NEPA), the University of Utah and the National Park Service as Joint Lead Agencies, are preparing an Environmental Impact Statement (EIS) on the construction and operation of a proposed new Utah Museum of Natural History museum facility at the University of Utah, Salt Lake County, Utah. The NEPA process is being followed because federal funds, as grants through the National Park Service, are contributing to the design and construction costs of the new museum facility. The EIS will identify potential environmental effects of construction and operation of the proposed 169,000 square foot museum building, parking, and related appurtenances and mitigation measures to minimize adverse environmental impacts on the 17-acre site provided to the Museum by the University of Utah. This site is near the University of Utah's Research Park, south of Red Butte Gardens and Arboretum in Salt Lake County, Utah. The Utah Public Lands Artifact Preservation Act, Pub. L. 107-329, enacted in 2002, authorizes the Secretary of the Interior to make a grant to the University of Utah to pay the Federal share of the costs of construction of a new facility including design, planning, furnishing, and equipping of the Museum. Seventy-five percent of the Museum's collection is material recovered from federally managed public lands including lands administered by the National Park Service. In January 2005, the Museum initiated an Environmental Assessment on the proposed project. After completion of public scoping and the identification of issues, the agencies decided to prepare an EIS. The EIS will analyze the proposed action, a no action alternative, alternative approaches to site and facilities design and placement, and other reasonable alternatives, if any, identified during the NEPA process. The EIS will also consider mitigation measures to minimize potential adverse environmental effects. Based on current information it is not expected that the EIS alternatives will include alternative sites for the museum facility, for several reasons. (1) The University of Utah and the Museum concluded a site selection process in 1995, and in 1997 the University of Utah Board of Trustees reserved the Research Park site for use by the Museum. Since that time considerable resources have been devoted to site planning, and substantial private, state and federal financial commitments have been received for design, construction and operation of a museum on the designated site. It would not be practical or economically feasible for the Museum to abandon this site for an alternative location. (2) Congress, in enacting the 2002 Utah Public Lands Artifact Preservation Act and in making subsequent appropriations, contemplated that the new museum would be located at the 17-acre Research Park site and it authorized and has since appropriated funding for a facility at that site. (3) If the new museum were built at an alternative location, the Research Park site would nonetheless still be developed, meaning that there would not likely be a decrease in overall impacts. Issues that were identified by the public during scoping for the EA and that will be addressed in the EIS include: vegetation and wildlife; recreation and trail use; open space, visual quality and aesthetics; traffic, transportation and parking; socioeconomics/cultural; air quality; soils, geological and seismic concerns; surface and groundwater quality and management; consideration of alternative sites; hazardous materials; and archaeological, cultural, historic and paleontological resources. Scoping for the EA was conducted February 15 through March 16, 2005 with a scoping meeting on March 8. The meeting was widely publicized and was attended by over 90 members of the public. Approximately 350 comments were received by letter or email. A scoping brochure has been prepared that details the issues identified to date. Copies of the brochure may be obtained from the project's NEPA contractor, Bear West, 145 South 400 East, Salt Lake City, Utah 84111, phone (801) 355-8816. The scoping brochure along with a request for any additional scoping comments is being mailed to the project mailing list including those who attended the initial scoping meeting or submitted written comments. One or more workshops, open houses or similar meetings may be conducted during preparation of the EIS. Because there was a well attended public meeting during scoping for the EA, no additional public meetings are planned as part of the EIS scoping process. For questions regarding the proposed action, contact Utah Museum of Natural History, Sarah George, Director, 1390 E. Presidents Circle, University of Utah, Salt Lake City, Utah 84112-0050. For questions regarding NEPA compliance, contact National Park Service, Cordell Roy, Utah State Coordinator, 324 South State Street, Suite 200, Box 30, Salt Lake City, UT 84111.

Pursuant to National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), the National Park Service announces the availability of a Final Environmental Impact Statement for the Fire Management Plan, Saguaro National Park, Arizona.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to create a new SOR titled, ``Data Collection Secondary to Coverage Decision (DCSCD) System, HHS/CMS/OCSQ, System No. 09-70-0547.'' National Coverage Determinations (NCDs) are determinations by the Secretary with respect to whether or not a particular item or service is covered nationally under title XVIII of the Social Security Act (the Act) Sec. 1869(f)(1)(B). In order to be covered by Medicare, an item or service must fall within one or more benefit categories contained within Part A or Part B, and must not be otherwise excluded from coverage. Moreover, with limited exceptions, the expenses incurred for items or services must be ``reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member,'' Sec. 1862(a)(1)(A). CMS has determined that the evidence is adequate to conclude that certain identified diagnoses are reasonable and necessary in several patient groups where certain criteria for these patients have been met. The reasonable and necessary determination requires that patients meet the criteria and are consistent with the trials discussed. Collection of these data elements allows that determination to be made. We are particularly interested in seeing evidence that would permit us to make a coverage or non-coverage decision, i.e., to move a diagnostic indication from coverage under a clinical trial or study to coverage or non-coverage based on definitive evidence of benefit, no benefit, or harm. If adequate new evidence is available, the decision may be changed to either ``coverage based on evidence of benefit,'' ``limited coverage'' or ``non-coverage based on evidence of harm or no benefit.'' The purpose of this system is to collect and maintain data on patients to review determinations of ``reasonable and necessary'' with respect to whether or not a particular item or service is covered nationally under title XVIII of the Act Sec. 1869(f)(1)(B). Information retrieved from this system will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) assist another Federal or state agency with information to enable such agency to administer a Federal health benefits program, or to enable such agency to fulfill a requirement of Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; (3) to an individual or organization for a research project or in support of an evaluation project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects; (4) support constituent requests made to a congressional representative; (5) support litigation involving the agency; and (6) combat fraud and abuse in certain health benefits programs. We have provided background information about the new system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See EFFECTIVE DATES section for comment period.

This notice withdraws the petition by DaimlerChrysler Corporation (DaimlerChrysler) for an exemption from the parts marking requirements of the vehicle theft prevention standard for the Jeep Liberty vehicle line.

This action proposes to establish Class E airspace at Nikolai, AK to the size necessary to contain aircraft executing Standard Instrument Approach Procedures (SIAP). This action is proposed as a result of the development of two new SIAPs. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at Nikolai, Alaska.

This action proposes to revise Class E airspace at Egegik, AK to the size necessary to contain aircraft executing Standard Instrument Approach Procedures (SIAP). Adoption of this proposal would result in revising Class E airspace upward from 700 feet (ft.) above the surface at Egegik, Alaska.

Consistent with Agency policy, the Federal Aviation Administration (FAA) gives notice of the holding in Creation Aviation, Inc., vs. Textron Financial Corporation, Florida District Court of Appeal, Fourth District, No. 4D04-2178, decided on April 27, 2005. The Court in Creston held that Federal law pertaining to recording with the FAA Aircraft Registry did not preempt a Florida statute requiring that an artisan lien for work on an aircraft first be filed in the county where the work was performed in order to enforce the lien under Florida law. Accordingly, the FAA is advising the public that recording an artisan lien with the FAA Aircraft Registry only, may be insufficient to enforce an artisan lien under Florida law.

In accordance with the requirements in 33 CFR 127.009, the U.S. Coast Guard Captain of the Port (COTP) Portland, Oregon is preparing a Letter of Recommendation (LOR) as to the suitability of the Columbia River for liquefied natural gas (LNG) marine traffic. This LOR will encompass the marine safety and security aspects associated with the proposed Northern Star Natural Gas LLC (Northern Star) LNG facility. The LOR is in response to a Letter of Intent (LOI) submitted by Northern Star to operate an LNG facility in Bradwood, Clatsop County, Oregon. Because the proposed LNG facility would be located in state waters, the Federal Energy Regulatory Commission (FERC) is the lead Federal agency for this proposed project. The COTP Portland, OR is soliciting written comments and related material, and will join FERC in holding a public meeting seeking comments, pertaining specifically to maritime safety and security aspects of the proposed LNG facility. In preparation for issuance of an LOR and the completion of certain other regulatory mandates, the COTP Portland, OR, will consider comments received from the public as input into a formalized risk assessment process. This process will assess the safety and security aspects of the facility, adjacent port areas, and navigable waterways.

On September 2, 2005, the Coast Guard published a notice and requested comments on a proposed change to regulations governing the operation of the SR 1 (West Larose) vertical lift bridge across the Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock, at Larose, Louisiana. The proposed rule would change the bridge's schedule so that it would remain closed to navigation at various times on weekdays during the school year to facilitate the safe, efficient movement of staff, students and other residents within the parish. That notice was issued August 26, 2005, before Hurricane Katrina struck New Orleans and caused that city to be flooded. We have changed the address and docket number where comments on the proposed rule should be sent because of flood conditions in New Orleans.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Computer Sciences Corporation in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Computer Sciences Corporation has been awarded a contract to perform work for OPP, and access to this information will enable Computer Sciences Corporation to fulfill the obligations of the contract.

The Minority Business Development Agency publishes this notice to make a correction to the Eligibility section in the Solicitation of Applications for the Minority Business Opportunity Center (MBOC) Program originally announced in the Federal Register on August 30, 2005.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD requires inspections of certain wire bundles in the left and right engine-to-wing aft fairings for discrepancies; installation of back-to-back p-clamps between the wire and hydraulic supply tube at the aft end of the right-hand strut only; and associated re-routing of the wire bundles, if necessary. This AD results from a report indicating that a circuit breaker for the fuel shutoff valve tripped due to a wire that chafed against the structure in the flammable leakage zone of the aft fairing, causing a short circuit. We are issuing this AD to prevent chafing between the wire bundle and the structure of the aft fairing, which could result in electrical arcing and subsequent ignition of flammable vapors and possible uncontrollable fire.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2005-18-51 that was sent previously to all known U.S. owners and operators of Boeing Model 777 airplanes by individual notices. This AD supersedes an existing AD that applies to certain Boeing Model 777-200 and ``300 series airplanes. The existing AD currently requires modification of the operational program software (OPS) of the air data inertial reference unit (ADIRU). This new AD requires installing a certain OPS in the ADIRU, and revising the airplane flight manual to provide the flightcrew with operating instructions for possible ADIRU heading errors and for potential incorrect display of drift angle. This AD results from a recent report of a significant nose-up pitch event. We are issuing this AD to prevent the OPS from using data from faulted (failed) sensors, which could result in anomalies of the fly-by-wire primary flight control, autopilot, auto-throttle, pilot display, and auto-brake systems. These anomalies could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Hartzell Propeller Inc. propellers. This AD requires inspecting the propeller blades and other critical propeller parts for corrosion and mechanical damage. This AD results from two events where a ``Z- shank'' blade failed and separated and the results of teardown inspections that detected corrosion in the blade bore. We are issuing this AD to detect corrosion and mechanical damage that can cause failure of a propeller, which could result in loss of control of the airplane.