January 6, 2006 – Federal Register Recent Federal Regulation Documents

WindMar RE (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant anticipates taking Puerto Rican nightjar (Caprimulgus noctitherus) (nightjar), brown pelican (Pelecanus occidentalis occidentalis), and roseate tern (Sterna dougallii), incidental to the construction and operation, over a 40-year term of a commercial wind-energy project in Punta Verraco, Cerro Toro, and Punta Ventana in Guayanilla, Puerto Rico (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on nightjars, brown pelicans, and roseate terns. These measures are described further in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP and our Environmental Assessment (EA) for the incidental take permit application. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6).

Today EPA proposes action to codify in the Agency's regulations changes to the Federal Water Pollution Control Act resulting from the Energy Policy Act of 2005. This proposed action would modify National Pollutant Discharge Elimination System regulations to provide that certain storm water discharges from field activities, including construction, associated with oil and gas exploration, production, processing, or treatment operations, or transmission facilities would be exempt from National Pollutant Discharge Elimination System permit requirements. This action also encourages voluntary application of best management practices for oil and gas field activities and operations to minimize the discharge of pollutants in storm water runoff and protect water quality.

The National Nuclear Security Administration (NNSA), an agency within the U.S. Department of Energy (DOE), is extending the scoping period for the Site-Wide Environmental Impact Statement (SWEIS) for the Y-12 National Security Complex (Y-12), located at the junction of Bear Creek Road and Scarboro Road in Anderson County, Tennessee, near the City of Oak Ridge, Tennessee.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to the amendments of the Commonwealth's existing ambient air quality standards. This action is being taken under the Clean Air Act (CAA or the Act).

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Good Neighbor Environmental Board will meet in a public teleconference on January 25, 2005, from 2 p.m. to 3:30 p.m. Eastern Time. The meeting will be hosted out of the main conference room, U.S. EPA, 655 15th Street, NW., Suite 800, Washington, DC 20005. The meeting is open to the public, however, due to limited space, seating will be on a registration-only basis. For further information regarding the teleconference meeting, please contact the individual listed below. Background: The Good Neighbor Environmental Board (GNEB) is a Federal advisory committee based at the Environmental Protection Agency that reports to the United States President and Congress on Good Neighbor environmental practices along the U.S. border with Mexico. The GNEB consists of representatives from eight Federal government agencies, each of the four U.S. border states, and private and public sector organizations. Each year, the GNEB prepares an annual report to the President and Congress. Purpose of Meeting: The Board has prepared its latest draft annual report, its Ninth Report. The purpose of this teleconference is for the Board to review, discuss, and decide whether to approve the recommendations in the report. Availability of Review Materials: If you wish to receive a copy of the draft recommendations, please contact Ms. Elaine Koerner, Designated Federal Officer for the Board, at the number below.

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 tranferred to Lockheed Martin in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Lockheed Martin has been awarded multiple contracts to perform work for OPP, and access to this information will enable Lockheed Martin to fulfill the obligations of the contract.

EPA has environmental concerns with the proposed project regarding impacts to wetlands and cumulative impacts to air quality. Rating EC2.

Notice is hereby given that the following seven entities have applied in due form for permits and permit amendments to conduct scientific research on marine mammal species and import marine mammal part specimens for scientific research purposes: Northwest Fisheries Science Center (NWFSC, Dr. Linda Jones, Principle Investigator), 2725 Montlake Blvd., East, Seattle, Washington 98112-2097 (File No. 781-1824); Dr. David E. Bain, Friday Harbor Laboratories, University of Washington, 620 University Road, Friday Harbor, Washington 98250 (File No. 965-1821); Center for Whale Research (CWR, Mr. Kenneth C. Balcomb III, Principle Investigator), 355 Smuggler's Cove Road, Friday Harbor, Washington 98250 (File No. 532-1822); Mr. John Calambokidis, Cascadia Research, Waterstreet Bldg., 218 1/ 2 W. 4th Avenue, Olympia, Washington 98501 (File No. 540-1811); Southwest Fisheries Science Center (SWFSC, Dr. Stephen B. Reilly, Principle Investigator), 8604 La Jolla Shores Drive, La Jolla, California 92037 (Permit No. 774-1714); National Marine Mammal Laboratory, Alaska Fisheries Science Center, (NMML, Dr. John L. Bengtsen, Principle Investigator), 7600 Sand Point Way, NE., Seattle, Washington 98115-6349 (Permit No. 782-1719); and Dr. Robin W. Baird, Cascadia Research, Waterstreet Bldg., 218 1/2 W. 4th Avenue, Olympia, Washington 98501 (Permit No. 731-1774).

Notice is hereby given that NMFS has received a request to extend the duration of a scientific research permit that currently allows Pacific salmon to be taken. The research is designed to increase knowledge of salmonids listed under the Endangered Species Act (ESA) and help guide management and conservation efforts.

This notice invites State and local governments and other public authorities to apply to participate in the Value Pricing Pilot (VPP) program and presents guidelines for program applications. This notice describes the statutory basis for the VPP program and updates a notice published in the Federal Register on May 7, 2001 (66 FR 23077), by providing revised procedures, process timelines, and guidance for program participation. A companion notice referring to non-grant programs, entitled ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Opportunities for States and Other Qualifying Agencies to Gain Authority to Toll Facilities Constructed Using Federal Funds'' is published elsewhere in today's edition of the Federal Register. Both of these notices are intended to cover all of the opportunities for States and other qualifying transportation agencies to obtain approval to toll their respective facilities and to secure funding to implement tolling and pricing.

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 October 19, 2005 [FR Vol. 70, No. 201, page 60869]. No comments were received.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new SOR titled, ``Medicare Bariatric Surgery System (MBSS), System No. 09-70-0570.'' National coverage determinations (NCDs) are determinations made by the Secretary of HHS with respect to whether or not a particular item or service is covered nationally under title XVIII of the Social Security Act (the Act) section 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,'' section 1862(a)(1)(A). CMS has determined that the evidence is adequate to conclude that bariatric surgery is 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 MBSS criteria set forth in the decision memorandum and are consistent with the trials discussed. Bariatric surgery is reasonable and necessary only when facilities performing the surgery have full accreditation based on standards equivalent to or exceeding the CMS minimum standards. Collection of data elements related to bariatric surgery allows that determination to be made. The purpose of this system is to provide reimbursement for bariatric surgery, and assist in the collection of data on patients receiving bariatric surgery, for a data collection process to assure patient safety and protection, and to determine that the bariatric surgery is reasonable and necessary. 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) assist 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 Federally-funded health benefits programs. We have provided background information about the modified 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.

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.

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.

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.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in January, 2006 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.