November 27, 2006 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2006-11-27-ReaderAids
Type: Reader Aids
Date: 2006-11-27
Medicare Program; Notification of Hospital Discharge Appeal Rights
Document Number: E6-20131
Type: Rule
Date: 2006-11-27
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule sets forth requirements for how hospitals must notify Medicare beneficiaries who are hospital inpatients about their hospital discharge rights. Notice is required both for original Medicare beneficiaries and for beneficiaries enrolled in Medicare Advantage (MA) plans and other Medicare health plans subject to the MA regulations. (For purposes of this preamble, these entities will collectively be known as ``Medicare health plans''). Hospitals will use a revised version of the Important Message from Medicare (IM), an existing statutorily required notice, to explain the discharge rights. Hospitals must issue the IM within 2 days of admission, and must obtain the signature of the beneficiary or his or her representative. Hospitals will also deliver a copy of the signed notice prior to discharge, but not more than 2 days before the discharge. For beneficiaries who request an appeal, the hospital will deliver a more detailed notice.
Privacy Act of 1974, As Amended; Amendment of an Existing System of Records
Document Number: E6-20034
Type: Notice
Date: 2006-11-27
Agency: Office of the Secretary, Department of the Interior
The Office of the Secretary, Department of the Interior (DOI), is issuing public notice of its intent to amend an existing Privacy Act system of records entitled, OHA-01, ``Hearings and Appeals Files.'' Changes include updating information under the following headings: System location; Categories of records in the system; Routine uses of records maintained in the system; and Policies and practices for storing, retrieving, accessing, retaining and disposing of records in the system. Changes also include the renumbering of the system as OS- 09, ``Hearings and Appeals Files.''
Privacy Act as Amended; Amendment of an Existing System of Records
Document Number: E6-20033
Type: Notice
Date: 2006-11-27
Agency: Fish and Wildlife Service, Department of the Interior
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior issues this public notice of its intent to modify an existing Privacy Act system of records managed by the U.S. Fish and Wildlife Service (FWS). The changes are to the system of records called ``Real Property Records Interior, FWS-11 which is published in its entirety below.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Document Number: E6-20029
Type: Rule
Date: 2006-11-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
This notice announces that during the next three years, the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of six classes of copyrighted works.
No FEAR Act Notice
Document Number: E6-20026
Type: Notice
Date: 2006-11-27
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws.\1\ This notice fulfills CPSC's notification obligations under the Notification and Federal Employees Anti-discrimination Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations.
Establishment of the Shawnee Hills Viticultural Area (2002R-345P)
Document Number: E6-20023
Type: Rule
Date: 2006-11-27
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This Treasury decision establishes the Shawnee Hills viticultural area in the Shawnee National Forest region of southern Illinois. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Establishment of the Chehalem Mountains Viticultural Area (2002R-214P)
Document Number: E6-20018
Type: Rule
Date: 2006-11-27
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This Treasury decision establishes the 68,265-acre Chehalem Mountains viticultural area in Clackamas, Yamhill, and Washington Counties, Oregon. This new viticultural area is entirely within the existing Willamette Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part
Document Number: E6-20013
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with October anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.
Steel Concrete Reinforcing Bars From Latvia; Preliminary Results of the Sunset Review of Antidumping Duty Order
Document Number: E6-20012
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, International Trade Administration
On August 1, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on steel concrete reinforcing bars from Latvia. On the basis of the notice of intent to participate by a domestic interested party and adequate responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Review.''
Steel Concrete Reinforcing Bars From Ukraine; Preliminary Results of the Sunset Review of Antidumping Duty Order
Document Number: E6-20011
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, International Trade Administration
On August 1, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on steel concrete reinforcing bars from Ukraine. On the basis of the notice of intent to participate, and complete substantive responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the level listed below in the section entitled ``Preliminary Results of Review.''
National Construction Safety Team Advisory Committee Meeting
Document Number: E6-20010
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, National Institute of Standards and Technology
The National Construction Safety Team (NCST) Advisory Committee (Committee), National Institute of Standards and Technology (NIST), will meet via teleconference Thursday, December 14, 2006, from 9 a.m. to 11 a.m. The meeting will be audio Webcast so that the public may listen to the meeting as it takes place. The primary purpose of this meeting is for the NCST Advisory Committee to discuss its annual report to the Congress and to discuss the status of the investigation of World Trade Center 7. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at www.nist.gov/ncst.
Preliminary Results of Countervailing Duty Administrative Review: Certain Welded Carbon Steel Standard Pipe From Turkey
Document Number: E6-20008
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is conducting an administrative review of the countervailing duty (``CVD'') order on certain welded carbon steel standard pipe from Turkey for the period January 1, 2005, through December 31, 2005. We preliminarily find that the net subsidy rate for the company under review is de minimis. See the ``Preliminary Results of Review'' section of this notice, infra. Interested parties are invited to comment on these preliminary results. (See the ``Public Comment'' section, infra.)
Endangered Species; File No. 1543
Document Number: E6-20007
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Duke Power Company (Gene E. Vaughan, Principal Investigator), 13339 Hagers Ferry Road, Huntersville, North Carolina, 28078 has been issued a permit to conduct scientific research on shortnose sturgeon (Acipenser brevirostrum).
Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 70
Document Number: E6-20006
Type: Notice
Date: 2006-11-27
Agency: Federal Communications Commission, Agencies and Commissions
This document announces the procedures and minimum opening bids for the upcoming auction of certain FM broadcast construction permits. This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for this auction.
Fisheries of the Northeastern United States; Atlantic Bluefish Fisheries; 2007 Atlantic Bluefish Specifications; 2007 Research Set-Aside Project
Document Number: E6-20005
Type: Proposed Rule
Date: 2006-11-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes 2007 specifications for the Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The intent of these specifications is to establish the allowable 2007 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the stock rebuilding program in Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP).
Magnuson-Stevens Act Provisions; Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display Permits, and Chartering Permits
Document Number: E6-20004
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs) and Chartering Permits for the collection of Atlantic highly migratory species (HMS) in 2007. In general, EFPs, SRPs, Display Permits, and Chartering Permits would authorize collections of a limited number of Atlantic tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. The issuance of EFPs to Atlantic billfishes tournaments for the use of J-hooks to fish for blue marlin is also discussed in this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and Chartering Permits would be valid from the date of issuance through December 31, 2007.
Schedule for Protected Species Safe Handling, Release, and Identification Workshops
Document Number: E6-20003
Type: Notice
Date: 2006-11-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS will conduct an additional Protected Species Safe Handling, Release, and Identification Workshop in December, 2006 in Madeira Beach, FL. These workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Vessel owners and operators whose permits expire in January 2007 must attend a workshop in 2006. Additional workshops will be held throughout 2007; however, vessel owners and operators whose permits expire in the winter or spring of 2007 are welcome to attend workshops in 2006.
Application of Pesticides to Waters of the United States in Compliance With FIFRA
Document Number: E6-20002
Type: Rule
Date: 2006-11-27
Agency: Environmental Protection Agency
Today, EPA is issuing a regulation stating that the application of a pesticide in compliance with relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not require a National Pollutant Discharge Elimination System (NPDES) permit in two specific circumstances. The first circumstance is when the application of the pesticide is made directly to waters of the United States to control pests that are present in the water. The second circumstance is when the application of the pesticide is made to control pests that are over, including near, waters of the United States. This rulemaking is based on the Agency's interpretation of the definition of the term ``pollutant'' under the Clean Water Act (CWA) as not including such pesticides. This final rulemaking replaces EPA's previously published Interim and Final Interpretive Statements on the Application of Pesticides to Waters of the United States in Compliance with FIFRA. EPA's Interpretive Statement, published February 1, 2005, described the Agency's interpretation of the CWA with regard to the application of pesticides regulated under FIFRA that are applied to or over, including near, waters of the United States. On August 13, 2003, EPA provided public notice of and solicited public comment on an Interim Statement and incorporated that input into the Interpretive Statement. On February 1, 2005, EPA published the Interpretive Statement and proposed to codify its substance in EPA's NPDES regulations and solicited comment on that proposed action. Today's final rule is the result of this process.
National Institute for Occupational Safety and Health (NIOSH) Advisory Board on Radiation and Worker Health (ABRWH or Advisory Board)
Document Number: E6-20000
Type: Notice
Date: 2006-11-27
Agency: Department of Health and Human Services, Centers for Disease Control and Prevention (cdc), Centers for Disease Control and Prevention
Long-Term Firm Transmission Rights in Organized Electricity Markets
Document Number: E6-19999
Type: Rule
Date: 2006-11-27
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is issuing an order on rehearing and clarification of Long-Term Firm Transmission Rights in Organized Electricity Markets, Order No. 681, 71 FR 43564 (Aug. 1, 2006). The order on rehearing denies rehearing and upholds Order No. 681 in all respects, and grants certain limited clarifications.
Preventing Undue Discrimination and Preference in Transmission Service
Document Number: E6-19998
Type: Proposed Rule
Date: 2006-11-27
Agency: Department of Energy, Federal Energy Regulatory Commission
On May 19, 2006, the Commission issued a Notice of Proposed Rulemaking (NOPR) in this proceeding. Preventing Undue Discrimination and Preference in Transmission Service, 71 FR 32636 (June 6, 2006). In the NOPR, the Commission proposed, inter alia, to modify the redispatch obligations associated with long-term firm point-to-point service and, in addition, sought comments on whether the creation of a conditional firm product would represent a superior approach to address circumstances under which firm transmission service can be provided in most, but not all, of the hours of the request. Based on the comments received in response to the NOPR, the Commission is seeking further comment on the following two topics: the proposal of the Transparent Dispatch Advocates for transmission providers to post redispatch cost information and provide real-time redispatch; and specific questions related to the provision of conditional firm service.
Notice of Commission Meeting and Public Hearing
Document Number: E6-19997
Type: Notice
Date: 2006-11-27
Agency: Delaware River Basin Commission, Agencies and Commissions
Notice of New Recreation Fee; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
Document Number: E6-19995
Type: Notice
Date: 2006-11-27
Agency: Department of Agriculture, Forest Service
George Washington & Jefferson National Forests will begin charging a $5 fee per ATV/OHV for use of Taskers Gap and Peters Mill Run trail system. This trail system will facilitate ATV/OHV motorized use of George Washington & Jefferson National Forests on the Lee Ranger District. Fee revenue will support operations and maintenance of the trail system and future site improvements.
Notice of New Recreation Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
Document Number: E6-19994
Type: Notice
Date: 2006-11-27
Agency: Department of Agriculture, Forest Service
George Washington & Jefferson National Forests will begin charging a $15 fee per single campsite and $25 per double campsite for overnight use at White Cedar Horse Camp, which is presently under construction. This new campground will facilitate equestrian use of George Washington & Jefferson National Forests on the Eastern Divide Ranger District. Fee revenue will support operations and maintenance of the campground and future site improvements.
Notice of Filing of Plats of Survey; Arizona
Document Number: E6-19993
Type: Notice
Date: 2006-11-27
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The plats of survey, supplemental and amended protraction diagram described below are scheduled to be officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, December 27, 2006.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Reid Vapor Pressure Requirements for Gasoline
Document Number: E6-19992
Type: Proposed Rule
Date: 2006-11-27
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by Texas on October 4, 2001. The revisions pertain to Reid Vapor Pressure (RVP) requirements for gasoline. The revisions add exemptions to RVP requirements for research laboratories and academic institutions, competition racing, and gasoline that is being stored or transferred that is not used in the affected counties. The revisions also reduce record keeping requirements for retail gasoline dispensing outlets in the affected counties, and correct a typographical error. We are proposing approval of the revisions pursuant to section 110 and part D of the Federal Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Reid Vapor Pressure Requirements for Gasoline
Document Number: E6-19991
Type: Rule
Date: 2006-11-27
Agency: Environmental Protection Agency
EPA is taking direct final action approving Texas State Implementation Plan (SIP) revisions. The revisions pertain to Reid Vapor Pressure (RVP) requirements for gasoline. The revisions add exemptions to RVP requirements for research laboratories and academic institutions, competition racing, and gasoline that is being stored or transferred that is not used in the affected counties. The revisions also reduce recordkeeping requirements for retail gasoline dispensing outlets in the affected counties, and correct a typographical error. We are approving the revisions pursuant to section 110 and part D of the Federal Clean Air Act (CAA).
Good Neighbor Environmental Board; Notification of Public Advisory Committee Teleconference Meeting
Document Number: E6-19990
Type: Notice
Date: 2006-11-27
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Good Neighbor Environmental Board (GNEB) will meet in a public teleconference on December 1, 2006, from 1 p.m. to 2:30 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 individuals listed below. Background: GNEB is a federal advisory committee chartered under the Federal Advisory Committee Act, Public Law 92-463. GNEB provides advice and recommendations to the President and Congress on environmental and infrastructure issues along the U.S. border with Mexico. Purpose of Meeting: GNEB has prepared its draft Tenth Report with recommendations on the intersection of environmental protection and security activities along the U.S.-Mexico border. The purpose of this teleconference is for the Board to review, discuss, and decide whether to approve its draft report. Availability of Review Materials: If you wish to receive a copy of the draft report, please contact Designated Federal Officer, Elaine Koerner, at the address below, or Office of Cooperative Environmental Management Associate Director, Mark Joyce, at the address below.
Proposed Agreement and Covenant Not To Sue for the Portland Harbor Superfund Site, Triangle Park Removal Area, and the McCormick & Baxter, Inc. Superfund Site, Portland, Multnomah County, OR
Document Number: E6-19989
Type: Notice
Date: 2006-11-27
Agency: Environmental Protection Agency
In accordance with the Comprehensive Environmental Response Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA''), notice is hereby given of the proposed Agreement between the U.S. Environmental Protection Agency (``EPA'') and the University of Portland (``University''), subject to the final review and approval of the EPA and the U.S. Department of Justice. The proposed Agreement relates to the University's plan to expand its campus by purchasing two adjacent properties, one currently owned by Triangle Park LLC at 5828 N. Van Houten Place, Portland, and the other currently owned by McCormick & Baxter, Inc. at 6900 Edgewater, Portland (the ``Properties''). The Properties are contiguous with the Willamette River. The University is certifying that it did not cause or contribute to the contamination at either the Portland Harbor or McCormick & Baxter Sites. The Agreement provides for the University to spend $3 million conducting a non-time critical removal action on the Triangle Park property. The University seeks to continue to pursue and expand its educational and service mission by relocating certain athletic facilities, freeing up its existing land for construction of academic buildings. The University's plan includes public access to the Properties, and recreational opportunities, including a planned riverfront trail. In addition to conducting the $3 million removal action, the University will pay EPA's costs of overseeing that removal action. In exchange for this consideration, the proposed Agreement contains the United States' conditional covenant not to sue the University for existing contamination at the Sites. The covenant is subject to certain reservations set forth in the Agreement. In addition, the proposed Agreement provides protection from third-party law suits for contribution. In order for the University to purchase the Triangle Park property by the closing date in the agreement for the purchase of that property (December 31, 2006), EPA is allowing just over fifteen (15) days for public comment on the Agreement.
Colorado: Tentative Approval of State Underground Storage Tank Program
Document Number: E6-19988
Type: Proposed Rule
Date: 2006-11-27
Agency: Environmental Protection Agency
The State of Colorado has applied for final approval of its Underground Storage Tank (UST) Program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Colorado's application and made the tentative decision that the State's UST program satisfies all requirements necessary to qualify for final approval.
National Advisory Council for Environmental Policy and Technology
Document Number: E6-19987
Type: Notice
Date: 2006-11-27
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to discuss the FY06-07 NACEPT agenda, including sustainable water infrastructure, environmental stewardship, cooperative conservation, energy and the environment, environmental technology, and environmental indicators. A copy of the agenda for the meeting will be posted at https:// www.epa.gov/ocem/nacept/cal-nacept.htm.
Agency Information Collection Activities: Proposed Collection; Comment Request: Food Stamp Program: State Issuance and Participation Estimates-Form FNS-388
Document Number: E6-19986
Type: Notice
Date: 2006-11-27
Agency: Department of Agriculture, Food and Nutrition Service
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment a summary of a proposed information collection. The proposed collection is a revision of a collection currently approved under OMB No. 0584- 0081 for the Food Stamp Program for the form FNS-388, State Issuance and Participation Estimates.
Energy Conservation Program for Consumer Products: Publication of the Extension of Interim Waiver of Mitsubishi Electric & Electronics USA, Inc., from the U.S. Department of Energy Residential and Commercial Air Conditioner and Heat Pump Test Procedures
Document Number: E6-19985
Type: Notice
Date: 2006-11-27
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
On March 24, 2006, the U.S. Department of Energy (DOE) published in the Federal Register a Petition for Waiver and notice granting an Application for Interim Waiver to Mitsubishi Electric and Electronics USA, Inc., (MEUS) from energy efficiency test procedure requirements that are applicable to residential and commercial air conditioners and heat pumps. (71 FR 14858) The date of issuance of the Interim Waiver was March 15, 2006, and it terminated 180 days after issuance on September 11, 2006. In today's action, DOE is extending the Interim Waiver for 180 days, or until March 10, 2007.
TRICARE; TRICARE Retiree Dental Program (TRDP) Basic Benefit Descriptions and Administrative Corrections
Document Number: E6-19975
Type: Proposed Rule
Date: 2006-11-27
Agency: Office of the Secretary, Department of Defense
This proposed rule amends TRICARE Retiree Dental Program (TRDP) Basic benefit descriptions by replacing specific American Dental Association (ADA) dental procedure codes and nomenclature with general benefit categories and descriptions. This revision is necessary to keep the regulation current, since dental procedure codes are added, revised, and deleted on a regular basis. This proposed rule does not change or eliminate any benefits that are currently available under the TRDP program. This proposed rule also revises several incorrect, obsolete, or historical terms pertaining to the TRICARE program.
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