2006 – Federal Register Recent Federal Regulation Documents

The Defense Science Board Task Force on Biometrics will meet in closed session on September 28-29, 2006, at Science Applications International Corporation (SAIC), 4001 N. Fairfax Drive, Arlington, VA. This meeting will define the role of biometrics technologies and capabilities within DoD's Space. It will also recommend best organizational fit within DoD to implement the biometric and identify dominance missions. The briefings will contain proprietary material from the private business sector. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Defense Science Board Task Force will: Identify the biometric mission space metrics across the major applications (e.g. physical and logical access, intelligence, data sharing, Homeland Defense, force protection/counter terrorism, privacy protection, administrative and business practices-pay, human resource, medical, digital signature, etc.). Additionally the task force will develop a methodology to address needed taxonomy and policy development activities within the Department of Defense and identify the activities required for effective operational support and organizations structure to support these activities. In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(4) and that, accordingly, the meetings will be closed to the public.

This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (P.L. 92-463). The topic of the meeting on October 17-19, 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.

Pursuant to 10 U.S.C. 2869(d)(1) the Department of the Army (Army) is providing notice of its intent to convey the ``Drum Stick'' parcel of the former Fort Ord, located in Monterey County, CA in return for the ``Stillwell Kidney'' parcel owned by the City of Seaside. Fort Ord was selected for closure by the Base Realignment and Closure Commission in 1991. The Drum Stick parcel is an undeveloped, densely- vegetated 11.28-acre property adjacent to California State Route 1 on the former Fort Ord. the Stillwell Kidney parcel currently contains approximately 400 abandoned housing units. Under 10 U.S.C. 2869, the Army is authorized to enter into an agreement to convey real property, including any improvements thereon, located on a military installation that is closed or realigned under a Base Realignment and Closure (BRAC) Act to any person who agrees to convey to the Army real property of at least equal value. The Army has concluded that the Stillwell Kidney parcel has a fair market value that is at least equal to that of the Drum Stick parcel.

NMFS issues a final rule implementing the Bering Sea and Aleutian Islands (BSAI) Catcher Processor Capacity Reduction Program (Reduction Program) for the longline catcher processor subsector of the BSAI non-pollock groundfish fishery (Reduction Fishery), in compliance with the FY 2005 Appropriations Act. This program is voluntary and permit holders of the Reduction Fishery (Subsector Members) are eligible to participate. Subsector Members must sign and abide by the Capacity Reduction Agreement (Reduction Agreement) and, if their offers are selected, a Fishing Capacity Reduction Contract (Reduction Contract) with the U.S. Government. These key components of the Capacity Reduction Plan (Reduction Plan) were prepared by the Freezer Longline Conservation Cooperative (FLCC) and are implemented by the final regulations. The aggregate of all Reduction Agreements and those Reduction Contracts signed by Subsector Members whose offers were accepted by \2/3\ votes of the Subsector Members, will together with the FLCC's supporting documents and rationale that these offers represent the expenditure of the least money for the greatest capacity reduction, constitute the Reduction Plan to be submitted to the Secretary of Commerce for approval. Subsector Members participating in the Reduction Program will receive up to $36 million in exchange for relinquishing valid non-interim Federal License Limitation Program BSAI groundfish licenses endorsed for catcher processor fishing activity, Catcher/Processor (C/P), Pacific cod, and hook and line gear, as well as any present or future claims of eligibility for any fishing privilege based on such permit (the Groundfish Reduction Permit) and additionally, any future fishing privilege of the vessel named on the permit. Individual fishing quota (IFQ) quota shares would be excluded from relinquishment. Following submission of the Reduction Plan and approval by the Secretary, NMFS will conduct an industry referendum to determine the industry's willingness to repay a fishing capacity reduction loan to effect the Reduction Plan. A \2/3\ majority vote in favor would bind all parties and complete the reduction process. NMFS will issue a 30-year loan to be repaid by those harvesters remaining in the Reduction Fishery. The intent of this final rule is to permanently reduce harvesting capacity in the Reduction Fishery. This should result in increased harvesting productivity for post-reduction Subsector Members and help with conservation and management of the Reduction Fishery.

The Department proposed to revise the forms used by labor organizations to file the annual financial reports required by the Labor-Management Reporting and Disclosure Act (``LMRDA'' or ``Act''), 29 U.S.C. 431(b). Under the proposal, specified labor organizations would file annual reports about particular trusts to which they contributed money or otherwise provided financial assistance (Form T- 1). This document sets forth the Department's review of and response to comments on the proposal; this review was undertaken by the Department after the decision by the United States Court of Appeals for the District of Columbia Circuit in American Federation of Labor and Congress of Industrial Organizations v. Chao, 409 F.3d 377 (2005). Under this rule, the Department will require that a labor organization (``union'') with total annual receipts of $250,000 or more file a Form T-1 for each trust provided that the trust is of the type defined by section 3(l) of the LMRDA (defining ``trust in which a labor organization is interested'') and a number of conditions are met: The union's financial contribution to the trust was $10,000 or more during the year; the trust had $250,000 or more in annual receipts; and the union, acting either alone or with other unions, selects a majority of the members of the trust's governing board or the union's contribution to the trust, made independently or in combination with other unions, represents greater than 50% of the trust's revenue in the one-year reporting period. The Department will provide four exceptions to the Form T-1 requirements, and unions will not, therefore, be required to file a Form T-1 for: A Political Action Committee fund, if publicly available reports on the fund are filed with federal or state agencies; a political organization for which reports are filed with the Internal Revenue Service under 26 U.S.C. 527; an employee benefit plan filing a complete and timely report under the Employee Retirement Income Security Act (``ERISA''); and a trust or trust fund for which an independent audit has been conducted, in accordance with the standard set forth in this final rule, if the audit is made publicly available. Under this exception the labor organization must submit the first page of the Form T-1 and a copy of the audit.

This action establishes Class E airspace at Butler, GA. Area Navigation (RNAV) Global Positioning System (GPS) and Nondirectional Radio Beacon (NDB) Standard Instrument Approach Procedures (SIAP) Runway (RWY) 18 and RWY 36 have been developed for Butler Municipal Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAPs and for Instrument Flight Rules (IFR) operations at Butler Municipal Airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP.

This action modifies Class E airspace at Pierre, SD. Standard Instrument Approach Procedures have been developed for Pierre Regional Airport, Pierre, SD. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches.This action increases the area of the existing controlled airspace for Pierre, SD.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF34-10E series turbofan engines. This AD requires removing the main fuel pump (MFP) inlet strainer from certain MFPs, installing a certain replacement flange as an interim repair, and performing initial and repetitive visual inspections of the main fuel filter. This AD results from three reports of release of the tripod support legs on the MFP inlet strainer, leading to engine in-flight shutdown. We are issuing this AD to prevent engine in-flight shutdown due to MFP malfunctions.

This notice lists CMS manual instructions, substantive and interpretive regulations, and other Federal Register notices that were published from April 2006 through June 2006, relating to the Medicare and Medicaid programs. This notice provides information on national coverage determinations (NCDs) affecting specific medical and health care services under Medicare. Additionally, this notice identifies certain devices with investigational device exemption (IDE) numbers approved by the Food and Drug Administration (FDA) that potentially may be covered under Medicare. This notice also includes listings of all approval numbers from the Office of Management and Budget for collections of information in CMS regulations and a list of Medicare- approved carotid stent facilities. In addition, for the first time, we are also including a list of the American College of Cardiology's National Cardiovascular Data registry sites, active CMS coverage- related guidance documents, and special one-time notices regarding national coverage provisions. Section 1871(c) of the Social Security Act requires that we publish a list of Medicare issuances in the Federal Register at least every 3 months. Although we are not mandated to do so by statute, for the sake of completeness of the listing, and to foster more open and transparent collaboration efforts, we are also including all Medicaid issuances and Medicare and Medicaid substantive and interpretive regulations (proposed and final) published during this 3-month time frame.

EPA is taking direct final action to convert a conditional approval in the West Virginia State Implementation Plan (SIP) to a full approval. The SIP revision pertains to nitrogen oxides (NOX) emission reductions required in West Virginia to meet Phase II of the NOX SIP Call. In order to meet the Phase II submission due date, the West Virginia Department of Environmental Protection (WVDEP) adopted its Phase II regulation under its emergency rule procedures. EPA granted conditional approval of the emergency rule contingent upon the WVDEP adopting a permanent rule with an effective date no later than the June 2, 2006 sunset date of its emergency rule and submitting the permanent rule as a formal SIP revision to EPA by July 1, 2006. West Virginia has met all the terms of the conditional approval by adopting its permanent rule with an effective date of May 1, 2006, and submitting the permanent rule to EPA before July 1, 2006. EPA is approving this revision to West Virginia's SIP in accordance with the requirements of the Clean Air Act.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (``CERCLA''), 42 U.S.C. 9600 et seq., notice is hereby given that a proposed administrative cost recovery settlement concerning the South Bay Asbestos Area Superfund Site in San Jose, California was executed by the Agency on September 5, 2006. The proposed administrative settlement would resolve, pursuant to CERCLA section 122(h), the liability of the City of San Jose (``City'') for past response costs of the U.S. Environmental Protection Agency (``EPA'') with respect to CERCLA response actions taken by EPA at the Environmental Education Center (``EEC''), South Bay Asbestos Area Superfund Site. In 2003, EPA conducted a removal action at the EEC and successfully excavated and transported asbestos-containing soil material to an appropriate disposal site. Under the terms of the agreement, the City would pay EPA approximately $245,000 plus interest for the removal action. For thirty (30) calendar days following the date of publication of this notice, EPA will receive written comments relating to the proposed settlement. If requested prior to the expiration of this public comment period, EPA will provide an opportunity for a public meeting in the effected area. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.

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.

NICEATM announces the availability of an addendum to the report, ``Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) Evaluation of In Vitro Test Methods for Detecting Potential Endocrine Disruptors: Estrogen Receptor and Androgen Receptor Binding and Transcriptional Activation Assays'' [NIH Publication 03-4503]. The addendum describes the rationale for revisions to the original list of recommended reference substances for validation of in vitro estrogen receptor (ER) and androgen receptor (AR) binding and transcriptional activation (TA) assays.

The Federal Food, Drug, and Cosmetic Act (the act) requires the Food and Drug Administration (FDA) to review each agreement, guidance, or practice that is specific to the assignment of combination products to agency centers and to determine whether the agreement, guidance, or practice is consistent with the requirements of the act. In carrying out the review, the agency is to consult with stakeholders and directors of the agency centers, and then determine whether to continue in effect, modify, revise, or eliminate such an agreement, guidance, or practice. The agency has completed its initial review of relevant agreements, guidances, and practices, and has consulted with directors of the agency centers. This document provides the preliminary results of the agency's review and requests stakeholder comments to fulfill the act's requirement for stakeholder consultation prior to the agency's final determination whether to continue the agreements, guidance, or practices in effect, or to modify, revise, or eliminate them.

NMFS announces that the commercial fishery from the U.S.- Canada Border, to Cape Falcon, Oregon was modified by two inseason actions. Inseason action 5 increased the landing and possession limit to 60 Chinook per vessel per open period effective Saturday, July 29, 2006. Inseason action 6 increased the landing and possession limit for Chinook in the area north of Cape Falcon, OR to the US Canada border to 80 fish per vessel per open period, increased the number of fishing days to 4 days, Saturday through Tuesday, and eliminated the 6 inch (15.24 cm) plug gear restriction effective Saturday, August 19, 2006. All other restrictions remained in effect as announced for the 2006 Ocean Salmon Fisheries. These actions were necessary to conform to the 2006 management goals, and the intended effect was to allow the fishery to operate within the seasons and quotas specified in the 2006 annual management measures.

We, the Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. Primary objectives of the meeting will be to identify research initiatives that may enhance alternative sea lamprey control techniques, and to explore the significance of larval sea lamprey populations that occur in delta habitats rather than stream habitats. The meeting is open to the public.

The FAA proposes to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. This proposed AD would require calculating the current life of each lift spoiler jack, and eventually replacing each lift spoiler jack. This proposed AD results from a review of all system components as part of the life-extension program for the affected airplanes that indicated the fatigue life limit of certain lift spoiler jacks cannot be extended from the current life limit. We are proposing this AD to prevent failure of the lift spoiler jack, and consequent increased drag and uncommanded roll inputs, which could reduce the flightcrew's ability to control the airplane.