2005 – Federal Register Recent Federal Regulation Documents

The permits between the State of Wyoming, Department of State Parks and Cultural Resources, Division of State Parks and Historic Sites (WSPHS) and the Keyhole and Sundance Boat Clubs at Keyhole Reservoir in northeast Wyoming will not be renewed after their expiration on December 31, 2005. The Bureau of Reclamation is the Federal agency responsible for administering lands and resources associated with Keyhole Reservoir. Keyhole State Park (Park) is managed by Wyoming State Parks and Historic Sites through a Memorandum of Understanding with Reclamation that provides WSPHS with the authority to issue permits for limited recreation activities. Permits have been issued by WSPHS to Keyhole and Sundance boat clubs since 1967 to conduct recreation activities as boat clubs. These two boat clubs occupy a total of 18 contiguous acres on Cottonwood Bay and currently have 20 private seasonal occupancy trailers in the permit area, hereafter referred to as the ``area''. This administrative decision results from a review to determine if the existence of the boat clubs conflicts with the best public use of the area as outlined in Part 21.4(a)(1) of 43 CFR Part 21, Occupancy of Cabin Sites on Public Conservation and Recreation Areas. Consideration was given to the following factors listed in 43 CFR 21.4 (a)(1)(i-iv): existing and projected public need for the area, compatibility between public uses and private cabin sites, development potential and plans for the area, and other relevant factors. An analysis of each of these factors is given in ``Supplemental Information''. From this analysis it has been determined that public need for the area currently occupied by Keyhole and Sundance boat clubs has grown to a point where continued use of the area by the boat clubs is no longer in the best public interest.

A notice of availability for the Draft Resource Management Plan (RMP) and Environmental Impact Statement (EIS) for the Price Field Office planning area in Carbon and Emery Counties, Utah was published in the Federal Register, volume 69, number 136, Friday, July 16, 2004. This supplements that Notice with information on existing and potential Areas of Critical Environmental Concern (ACECs) considered within the Draft RMP and EIS, as required in 43 CFR 1610.7-2. The CFR also provides an associated 60-day comment period.

The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information collection covers application, qualification, and certification processes for participants in HUD-FHA's 203(K) Rehabilitation Mortgage Insurance Program.

The U.S. Department of Agriculture has filed an application requesting the Secretary of the Interior to withdraw from mining 1278.09 acres of National Forest System lands for 20 years to protect the unique natural, archaeological, and historical values in the Inyan Kara area of the Black Hills National Forest. This notice segregates the lands from location and entry under the United States mining laws for up to 2 years. The land will remain open to mineral leasing and to all other forms of disposition which may by law be made of National Forest System lands.

This final rule finalizes the process that was set forth in an interim final rule published on December 13, 2002, for establishing a realistic and equitable payment amount for Medicare Part B services (other than physicians' services) when the existing payment amounts are inherently unreasonable because they are either grossly excessive or grossly deficient. This process does not apply to services paid under a prospective payment system, such as outpatient hospital services or home health services. The December 2002 interim final rule also described the factors we (or our carriers) will consider and the procedures we will follow in establishing realistic and equitable payment amounts for Medicare Part B services. In addition, this final rule responds to public comments we received on two provisions in the December 13, 2002 interim final rule relating to how we define grossly excessive or deficient payment amounts and to the criteria for using valid and reliable data in applying the inherent reasonableness authority.

We are amending the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. We are adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas either because they were found during surveys to contain a bunted wheat kernel, or because they are within the 3-mile-wide buffer zone around fields or areas affected with Karnal bunt. We are also removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. These actions are necessary to prevent the spread of Karnal bunt to noninfected areas of the United States and to relieve restrictions on certain areas that are no longer necessary.

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker license is canceled with prejudice.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations Sec. 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:

In view of the significant industry consolidation in recent years, the FDIC is exploring new methods to modernize its deposit insurance determination process, whereby the insurance status of each depositor is determined in the event of failure. Procedures currently used by the FDIC to determine deposit insurance coverage may result in unacceptable delays if used for an FDIC-insured institution with a large number of deposit accounts. In developing a new system to determine insurance coverage, the FDIC's goals are to minimize disruption to depositors and communities, and maximize recoveries for the deposit insurance fund in the event one of the largest insured institutions should fail. The FDIC is seeking comment on the best means to accomplish these objectives, and is offering three possible options for comment. The focus of this Advance Notice of Proposed Rulemaking (``ANPR'') is on FDIC-insured institutions with the largest number of deposit accounts, currently expected to include only the 145 insured institutions with total number of deposit accounts over 250,000 and total domestic deposits of at least $2 billion (``Covered institutions''). None of these options require that insured institutions transmit deposit data to the FDIC unless the institution is in danger of failing.

NMFS announces that it is considering, and seeking public comment on the implementation of further minimum carapace length (gauge) increases and escape vent size increases in the Federal lobster fishery, consistent with recommendations for Federal action in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP). NMFS would issue these regulations according to its authority under the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA). While a September 2, 2005, proposed rule considered gauge increases and escape vent size increases as scheduled through 2004 in Addenda II and III to Amendment 3 of the ISFMP, the proposed rule did not address; additional gauge increases scheduled annually from 2005 through 2008 in Lobster Conservation Management Areas (LCMA) 3 and the Outer Cape Lobster Conservation Management Area (OCLCMA), an increase to the escape vent size in LCMA 3 and the OCLCMA scheduled for 2008, and an escape vent size increase for LCMA 1 scheduled for 2007. Accordingly, NMFS is seeking written public comments on these additional gauge and escape vent size requirements as set forth in the ISFMP and recommended for Federal implementation by the Commission.

The FAA announces public meetings on its proposal to codify current flight restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. The purpose of the public meetings is for the FAA to hear comments and gather information related to its Notice of Proposed Rulemaking (NPRM) published on August 4, 2005.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) EPA is seeking public comment on the following Information Collection Request (ICR): Data Submissions for the Voluntary Children's Chemical Evaluation Program (VCCEP) (EPA ICR No. 2055.02, OMB Control No. 2070-0165). This ICR involves a collection activity that is currently approved and scheduled to expire on September 30, 2006. The information collected under this ICR provides information to EPA on chemicals to which children are likely to be exposed so that any risks can be assessed and managed. Information on health effects, exposure, risk, and data needs will be submitted by chemical manufacturers who have volunteered to participate in VCCEP. The ICR describes the nature of the information collection activity and its expected burden and costs. Before submitting this ICR to the Office of Management and Budget (OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection.

With this action EPA is authorizing the use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances (CSAs). This allocation supplements the critical use allowances (CUAs) and CSAs previously allocated for 2005, as published in the Federal Register on December 23, 2004 (69 FR 76982). Further, EPA is amending the existing list of exempted critical uses to add uses authorized by the Parties to the Montreal Protocol at their Sixteenth Meeting in November 2004. Today's action is authorized under the Clean Air Act (CAA or the Act) and is in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol).

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as amended through September 1, 2004. The delegation of authority under this action does not apply to sources in Indian Country. EPA is providing notice proposing to approve the delegation of certain NESHAPs to ODEQ.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(c), the National Park Service announces the availability of the Final Environmental Impact Statement for the General Management Plan, Rock Creek Park and the Rock Creek and Potomac Parkway (FEIS/ GMP), a unit of the National Park System within the District of Columbia.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes. This proposed AD would require installing clamps on certain end caps of the overhead distribution ducts, and doing other specified and related investigative actions as necessary. This proposed AD results from finding that the end caps of the overhead distribution ducts for the air conditioning system were not bonded to the ducts with an adhesive. We are proposing this AD to detect and correct loosened end caps, which could change the air flow balance in the airplane. During a smoke event in the cargo or main electronics compartments, the incorrect balance of air flow could change the smoke clearance air capacity and result in smoke and toxic fumes penetrating the flight deck and main cabin.

The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model EMB-135 airplanes; and Model EMB-145, -145ER, - 145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD would require repetitive inspections of the pitot static heating relay K0057 for damage to the pin-type contacts, relay enclosure, and finishing material and corrective actions if necessary. This proposed AD also would require doing a terminating modification, which ends the repetitive inspections. This proposed AD results from a report of a burning drain hose and smoke caused by an overheated pitot static heating relay. We are proposing this AD to prevent overheating of a certain pitot static heating relay, which could result in the burning of the windowsill drain hoses and consequent smoke or fire in the airplane cockpit.

The California Coast Province Advisory Committee (CCPAC) will meet on January 12, 2005 in Eureka, California. The purpose of the meeting is to discuss the issues relating to the implementation of the Northwest Forest Plan (NWFP).

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

The Compact Council (Council), established pursuant to the National Crime Prevention and Privacy Compact (Compact) Act of 1998, is publishing a rule requiring a Compact Party to meet minimum qualification standards while participating in the National Fingerprint File (NFF) Program.