May 26, 2006 – Federal Register Recent Federal Regulation Documents
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Public Awareness on Embryo Adoption and/or Donation
The Office of Public Health and Science (OPHS) announces the availability of Fiscal Year (FY) 2006 funds to support a total of three to four new cooperative agreement grant projects, with the goal of increasing public awareness of embryo donation and/or adoption. Approximately $1,000,000 in funding is available on a competitive basis for cooperative agreements each in the range of $250,000 to $350,000 per year. Projects will be funded in annual increments (budget periods) and for a project period of two years. Funding for all budget periods beyond the first year of the cooperative agreement is contingent upon the availability of funds, satisfactory progress of the project, and adequate stewardship of Federal funds. The OPHS intends to fund at least one project in each of three distinct categories (professional meeting(s); training for professionals to equip them with the skills necessary to provide information and education; and an evidence-based assessment of the emerging field of embryo donation and/or adoption) with the goal of increasing public awareness regarding embryo donation and/or adoption. Entities may apply for more than one category; however, a separate application is required for each category identified in this announcement. Applicants must demonstrate experience with embryo donation and/or adoption programs that conform with professionally recognized standards governing embryo donation and/or adoption and other applicable Federal or State requirements. For the purposes of this announcement, embryo donation and/or adoption is defined as the donation of frozen embryo(s) from one party to a recipient who wishes to bear and raise a child or children.
The Continued Transition of the Technical Coordination and Management of the Internet Domain Name and Addressing System
The United States Department of Commerce's National Telecommunications and Information Administration (NTIA) seeks comment on the continuation of the transition of the technical coordination and management of the Internet domain name and addressing system (Internet DNS) to the private sector. In June 1998, the Department issued a statement of policy on the privatization of the Internet DNS, which among other things articulated four primary functions for global Internet DNS coordination and management, the need to have these functions performed by the private sector and four principles to guide the transition to private sector management of the Internet DNS. On June 30, 2005, NTIA released the U.S. Principles on the Internet's Domain Name and Addressing System further elaborating on these issues. The Department of Commerce seeks comment regarding the progress of this transition and announces a public meeting to be held on July 26, 2006, to discuss issues associated with this transition.
Experimental Use Permit; Receipt of Application
This notice announces receipt of an application 524-EUP-OT from Monsanto Company requesting an experimental use permit (EUP) for the plant-incorporated protectants Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary (vector PV-ZMIR245) for its production in MON 89034 corn, Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary (vector PV-ZMIR245) for its production in MON 89034 corn, and Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary (vector PV-ZMIR39) for its production in MON 88017 corn. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.
Notice of Filing of a Pesticide Petition for the Establishment of a Temporary Exemption from the Requirement of a Tolerance for the Residues of the Plant-Incorporated Protectants Bacillus Thuringiensis Cry1A.105 Protein and the Genetic Material for Its Production in Corn in or on All Corn Commodities
This notice announces the initial filing of a pesticide petition proposing the establishment of a temporary exemption from the requirement of a tolerance for the residues of the plant-incorporated protectants Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary for its production in corn in or on all corn commodities.
Notice of Filing of a Pesticide Petition for the Establishment of a Temporary Exemption from the Requirement of a Tolerance for the Residues of the Plant-Incorporated Protectants Bacillus Thuringiensis Cry2Ab2 Protein and the Genetic Material for Its Production in Corn in or on All Corn Commodities
This notice announces the initial filing of a pesticide petition proposing the establishment of a temporary exemption from the requirement of a tolerance for the residues of the plant-incorporated protectants Bacillus thuringiensis Cry2Ab2 and the genetic material necessary for its production in corn in or on all corn commodities.
Business Loan Programs; Premier Certified Lenders Program Alternative Loan Loss Reserve Pilot Program
The U.S. Small Business Administration (``SBA'' or ``the Administration'') proposes to amend its Premier Certified Lenders Program (``PCLP'') in accordance with recent statutory amendments to the PCLP. Presently, under the PCLP, participating Certified Development Companies (``CDCs'') have increased authority in connection with making and servicing loans made under SBA's development company loan program (``504 Program''). One PCLP requirement relates to a loan loss reserve fund (``LLRF'') which a CDC participating in the PCLP (``PCLP CDC'') must maintain to cover losses it may incur in connection with the 504 Program loans (``504 Loans'') it has made under the PCLP (``PCLP loans''). Recent statutory changes to the PCLP include two pilot programs related to PCLP LLRF requirements. One pilot (``Pilot 1'') changes LLRF requirements by requiring the value of an LLRF to equal 1 percent of the combined outstanding balances of each debenture issued by a PCLP CDC to fund a PCLP loan (``PCLP Debenture''), instead of the combined original face value of those PCLP Debentures. Another pilot (``Pilot 2'') authorizes certain PCLP CDCs with significantly large LLRFs to elect to meet alternative LLRF requirements in lieu of certain existing PCLP LLRF requirements. The proposed regulations would implement requirements, procedures, and guidelines relating to Pilot 1 and Pilot 2.
Medicare Program; Revisions to the Payment Policies of Ambulance Services Under the Fee Schedule for Ambulance Services
We are proposing to set forth changes to the fee schedule for payment of ambulance services by adopting revised geographic designations for urban and rural areas as set forth in Office of Management and Budget's (OMB) Core-Based Statistical Areas (CBSAs) standard. We propose to remove the definition of Goldsmith modification and reference the most recent version of Goldsmith modification in the definition of rural area. In addition, we propose to add the definition of urban area as defined by OMB and revise our definitions of emergency response, rural area, and specialty care transport (SCT). We also propose to discontinue the annual review of the conversion factor (CF) and of air ambulance rates. We would continue to monitor payment and billing data on an ongoing basis and make adjustments to the CF and to air ambulance rates as appropriate to reflect any significant changes in these data.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The U.S. Environmental Protection Agency (EPA) Region 4 announces its intent to delete the Cedartown Industries, Inc. site (the Site) from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA and the State of Georgia Environmental Protection Division (GEPD) have determined that the Site poses no significant threat to public health or the environment and therefore, further response measures pursuant to CERCLA are not appropriate.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Medicare Program; Public Meeting in Calendar Year 2006 for New Clinical Laboratory Tests for Payment Determinations
This notice announces a public meeting to discuss payment determinations for specific new Physicians' Current Procedural Terminology (CPT) codes for clinical laboratory tests. The meeting provides a forum for interested parties to make oral presentations and submit written comments on the new codes that will be included in Medicare's Clinical Laboratory Fee Schedule for calendar year 2007, which will be effective on January 1, 2007. Discussion is directed toward technical issues relating to payment determinations for a specified list of new clinical laboratory codes. The development of the codes for clinical laboratory tests is performed by the CPT Editorial Panel and will not be discussed at the public meeting.
Determination under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement)
The Committee for the Implementation of Textile Agreements (CITA) has determined that certain 100% cotton flannel fabrics, as specified below, are not available in commercial quantities in a timely manner in the CAFTA-DR region. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.
Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Consolidation of Merchant Mariner Qualification Credentials
This notice provides the times and locations of the public meetings which will be held by the Transportation Security Administration (TSA) and the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking entitled ``Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License'' and the Notice of Proposed Rulemaking entitled ``Consolidation of Merchant Mariner Qualification Credentials'', both of which were published in the Federal Register on May 22, 2006.
National Security Education Board Meeting
Pursuant to Public Law 92-463, notice is hereby given of a forthcoming meeting of the National Security Education Board. The purpose of the meeting is to review and make recommendations to the Secretary concerning requirements established by the David L. Boren National Security Education Act, Title VIII of Public Law 120-183, as amended.
National Security Education Board Group of Advisors Meeting
Pursuant to Public Law 92-463, notice is hereby given of a forthcoming meeting of the National Security Education Board Group of Advisors. The purpose of the meeting is to review and make recommendations to the Board concerning requirements established by the David L. Boren National Security Education Act, Title VIII of Public Law 102-183, as amended.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI.
Atlantic Striped Bass Conservation Act; Atlantic Striped Bass Fishery
In a document published in the Federal Register on April 24, 2006, NMFS announced its intention to re-open the scoping process and accept further comments on the recommendations contained in Amendment 6 to Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan for Atlantic Striped Bass (Amendment 6). NMFS originally conducted scoping on the matter in 2003, but decided to re- open the scoping process and accept further comments due to the passage of significant time and the availability of new information. The intent of this document is to announce the extension of the public comment period from May 26, 2006, to June 26, 2006.
Agency Forms Submitted for OMB Review
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval.
Substantial Product Hazard Reports
Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. 2064(b), requires manufacturers, distributors, and retailers of consumer products to report potential product hazards to the Consumer Product Safety Commission. The Commission publishes proposed revisions to its interpretative rule advising manufacturers, distributors, and retailers how to comply with the requirements of section 15(b). The proposed revisions identify certain factors the Commission and staff consider when assessing whether a product is defective or not. The proposed revisions also clarify that compliance with voluntary or mandatory product safety standards may be considered by the Commission in making certain determinations under section 15(b).\1\ In addition, the Commission may consider the adoption of an interpretative regulation related to the statutory factors for the assessment of civil penalties pursuant to section 20, CPSA (15 U.S.C. 2069(b), (c)). A separate Federal Register notice, if approved, will be issued for public comment.
Strategic Environmental Research and Development Program, Scientific Advisory Board
This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463). The topic of the meeting on June 13-14, 2006 are to review new start and continuing research and development projects requesting Strategic Environmental Research and Development Program funds in excess of $1M. This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board.
Pay Administration Under the Fair Labor Standards Act
The Office of Personnel Management (OPM) proposes to revise the regulations issued under the Fair Labor Standards Act of 1938, as amended (``FLSA'' or ``Act'') to update and harmonize OPM's regulations with revisions made to the Department of Labor's regulations. The revised regulations are intended to provide a clearer understanding of coverage under the Act. These regulations apply to all employees in agencies who are under OPM's jurisdiction for FLSA purposes.
Notice of Availability of a Draft Integrated System Investment Plan and Programmatic Environmental Impact Statement for the Ohio River Mainstem System Study
a. Pursuant to the National Environmental Policy Act (NEPA), the Great Lakes and Ohio River Division of the U.S. Army Corps of Engineers (Corps) is seeking comments on a draft System Investment Plan and Programmatic Environmental Impact Statement (SIP/PEIS) that evaluates alternative investment strategies for the maintenance of commercial navigation infrastructure along with the ecosystem sustainability needs on the Ohio River System for the next 60 years. b. The primary purpose of the Ohio River Mainstem Systems Study (ORMSS) is to develop the best SIP for maintaining safe, environmentally sustainable, and reliable navigation on the Ohio River over a 60-year period from 2010 to 2070. The study evaluated the operation and maintenance, rehabilitation, and construction reinvestment needs at the 19 navigation lock and dam sites on the Ohio River Mainstem. The study reports on five plans for meeting these needs based on five different traffic forecast scenarios. The future reliable operation of these structures is critical to the continued growth in commercial navigation throughout the Ohio River basin. In response to stakeholder input, the study purpose was modified to include the identification of measures to improve ecological sustainability to provide a balance between economic and environmental improvements. c. In order to facilitate review, the Corps will be conducting six public meetings along the Ohio River to solicit comments on its proposed plan. (See SUPPLEMENTARY INFORMATION for dates, times and locations). d. The Corps will be providing copies of the SIP/PEIS at numerous locations for review by the public. (See SUPPLEMENTARY INFORMATION for locations). e. The review and comment period for this draft document will be 60 days.
Intent To Prepare a Real Estate Supplement/Third Supplemental Environmental Impact Statement (RES/SEIS) to the Final SEIS on Modified Water Deliveries to Everglades National Park, Tamiami Trail Feature, Miami-Dade County, FL, November 2005
In November 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final 2nd Supplemental Environmental Impact Statement (SEIS) for the Tamiami Trail feature of the Modified Water Deliveries (MWD) project to Everglades National Park in Miami- Dade County, FL. That SEIS assumed that the National Park Service (NPS) would acquire the necessary real estate interests in seven privately- owned parcels of land adjacent to the south side of Tamiami Trail to avoid flooding impacts after the Tamiami Trail project was constructed and ecosystem restoration water flows were directed south into Everglades National Park. It is now concluded that the NPS will be unable to complete the acquisition of real estate rights in time to meet the overall schedule of the MWD project. The Corps now proposes to take over responsibility for the acquisition and address the related impacts in a supplement to the previous SEIS.
Intent to Prepare a Draft Environmental Impact Statement for Residential, Commercial, and Marine Development Along the Gulf Intracoastal Waterway
The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Environmental Impact Statement (DEIS) to address the potential impacts associated with mixed-use waterfront development along the Gulf Intracoastal Waterway (GIWW) in Baldwin County, AL, specifically the stretch known as the ``Foley Land Cut''. The Corps will be evaluating 14 separate permit applications for the proposed work under the authority of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).
Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Patent Application Concerning Wearable Tissue Viability Diagnostic Unit
In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent Application No. 10/882,310 entitled ``Wearable Tissue Viability Diagnostic Unit,'' filed July 2, 2004. Foreign rights also available (PCT/US04/021654). The United States Government, as represented by the Secretary of the Army, has rights in this invention.
Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee
The Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee will meet on Wednesday, June 7, 2006 and Wednesday, June 21, 2006 at the Okanogan and Wenatchee National Forests Headquarters Office, 215 Melody Lane, Wenatchee, WA. These meetings will begin at 9 a.m. and continue until 3 p.m. During these meetings Provincial Advisory Committee members will continue the collaboration process on forest plan issues relating to the preparation of a revised forest plan for the Okanogan and Wenatchee National Forests. All Eastern Washington Cascades and Yakima Province Advisory Committee meetings are open to the public.
Environmental Impact Statement; Humboldt County, CA
The FHWA is republishing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for the proposed highway project along U.S. Highway (Highway) 101 in Humboldt County, in the Cities of Eureka and Arcata, and the unincorporated area between the two cities, California. The original Notice of Intent (NOI) was published in the Federal Register on August 31, 2001, (Volume 66, Number 170, Pages 46061 & 46062). The NOI is being republished due to project changes of adding roadway rehabilitation work and new alternatives to the proposed project.
Domestic Sugar Program-2005-Crop Cane Sugar and Sugar Beet Marketing Allotments and Company Allocations
This notice sets forth the establishment and adjustments to the sugar overall allotment quantity (OAQ) for the 2005-crop year (FY 2006) which runs from October 1, 2005 through September 30, 2006. Although CCC already announced all of the information in this notice, CCC is statutorily required to publish in the Federal Register determinations establishing or adjusting sugar marketing allotments. CCC set the 2005-crop OAQ to 8.600 million short tons raw value (STRV) on August 12, 2005. On August 19, 2005, CCC allocated the cane sector allotment to cane-producing States and cane processors and reassigned an expected cane supply shortfall of 120,000 STRV to imports. On September 29, 2005, CCC increased the OAQ to 8.825 million STRV and reassigned another 276,000 STRV of expected cane shortfall to imports. The next day, CCC announced the FY 2006 beet company allocations. On December 2, 2006, CCC reassigned another 450,000 STRV of an updated cane supply shortfall to imports. On February 2, 2006, CCC increased the OAQ to 9.350 million STRV and reassigned 500,000 STRV of the anticipated domestic supply deficit to imports. The revised FY 2006 cane state allotments and cane and beet sugar processor allocations were announced on March 22, 2006.
Federal-State Joint Board on Universal Service, High-Cost Universal Service Support
In this document, the Commission extends the high-cost universal service support rules adopted in, among others, the Rural Task Force Order on an interim basis until the Commission concludes its rural review proceeding and adopts changes, if any, to those rules as a result of that proceeding.
Titles II and XVI: Evaluating Cases Involving Tremolite Asbestos-Related Impairments
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR 06-01p. This Ruling provides guidance on the types of impairments that may result from tremolite asbestos and how to evaluate disability claims under titles II and XVI of the Social Security Act based on these impairments.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut-out. This AD results from a report that a crack was discovered at the lower forward corner of a cargo door skin cut-out during fatigue testing. We are issuing this AD to detect and correct cracking in the lower forward corner of the cargo door skin cut-out, which could result in reduced structural integrity of the airplane.
Airworthiness Directives; Boeing Model 767 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 767 airplanes. This AD requires repetitive measurements of the rudder and elevator freeplay, repetitive lubrication of rudder and elevator components, and related investigative/corrective actions if necessary. This AD results from reports of freeplay-induced vibration of the rudder and the elevator. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent excessive vibration of the airframe during flight, which could result in loss of control of the airplane.
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