2006 – Federal Register Recent Federal Regulation Documents

The North Pacific Fishery Management Council (Council) will hold a workshop on potential gear modification regulations as a part of the analysis for the Bering Sea Habitat Conservation analysis.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. This ICR describes the nature of the information collection and its estimated burden and cost.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 203, ``Relief or Reduction in Royalty Rates.'' This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States and foreign countries to practice the inventions described and claimed in ``Embedded Carbon Nanotube Array as High Performance Thermal Conductors'' ARC-15173-1 and ``System And Method using Self-Assembled Nano Structures in the Design and Fabrication of an Integrated Circuit Micro-Cooler'' ARC-15832-1 to Nanoconduction, Inc., having its principal place of business in Sunnyvale, CA. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease or conveyance to the City of Washington under the provisions of the Recreation and Public Purposes Act (R&PP), as amended, 15 acres of public land located in Washington County, Utah. The City of Washington proposes to the use the land for a wareyard to accomodate office and storage space for City departments.

In accordance with the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, ``National Claims History (NCH),'' System No. 09-70-0005, last published at 67 FR 57015 (September 6, 2002). We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the Health Care Financing Administration systems of records. The new assigned identifying number for this system should read: System No. 09-70-0558. We propose to modify existing routine use number one that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number one. We will broaden the scope of routine uses number 8 and 9, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating ``waste'' which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs. We will delete routine use number six authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the ``prior written consent'' of the data subject. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of this modified system is to collect and maintain billing and utilization data on Medicare beneficiaries enrolled in hospital insurance (Part A) or medical insurance (Part B) of the Medicare program for statistical and research purposes related to evaluating and studying the operation and effectiveness of the Medicare program. The information retrieved from this system of records will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor, consultant, or grantee; (2) assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent; (3)support providers and suppliers of services for administration of Title XVIII; (4) assist third parties where the contact is expected to have information relating to the individual's capacity to manage his or her own affairs; (5) assist QIOs; (6) process individual insurance claims by other insurers; (7) facilitate research on the quality and effectiveness of care provided, as well as payment- related projects; (8) support litigation involving the agency; and (9) combat fraud, waste, and abuse in 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 modified or altered routine uses, CMS invites comments on all portions of this notice. See ``Effective Dates'' section for comment period.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, ``Record of Individuals Authorized Entry to the Health Care Financing Administration (HCFA) Building via a Card Key Access System (RICKS), System No. 09-70-3001'' last modified 66 FR 15264 (March 16, 2001). The name of the Agency has been changed from HCFA to the Centers for Medicare & Medicaid Services (CMS). We will modify the system name to read: ``Record of Individuals Authorized Entry to the CMS Building via a Card Key Access System (RICKS).'' We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the HCFA systems of records. The new assigned identifying number for this system should read: System No. 09-70-0518. We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 3 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the ``prior written consent'' of the data subject. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the system of records is to issue and control United States Government card keys to all CMS employees and other authorized individuals who require access into certain designated or secured areas. Information retrieved from this system of records will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor, consultant or grantee; (2) assist another Federal agency to conduct activities related to this system; and (3) support litigation involving the agency. 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 routine uses, CMS invites comments on all portions of this notice. See ``Effective Dates'' section for comment period.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Development's intention to request clearance for a new information collection to measure Rural Development implementation of and compliance with the Equal Treatment Rule (7 CFR part 16) and Executive Order (EO) 13279 Equal Protection of the Laws for Faith-Based and Community Organizations.

The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of grants up to $50,000 per application from the Rural Business Enterprise Grant (RBEG) Program for fiscal year (FY) 2007 for feasibility studies or feasibility and marketing studies, to be competitively awarded. The amount available for these competitive grants is $250,000. Funding under this announcement is targeted to the Rural Economic Area Partnerships (REAP) Zones. A list of current REAP Zones is available at https://www.ezec.gov/communit/reap.html. This notice is being issued prior to passage of a final appropriations bill to allow applicants sufficient time to leverage financing, submit applications, and give the Agency time to process applications.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality (40 CFR parts 1500-1509), and in accordance with the Environmental Policies and Procedures implemented by the National Capital Planning Commission, the SI and NCPC announce their intent, as Joint-Lead Agencies, to prepare an environmental impact statement (EIS) to assess the potential effects of constructing and operating the National Museum of African American History and Culture (NMAAHC) within the Smithsonian Institution. The Museum will be located on a 217,800 square foot (SF) or 5 acre site bounded by Constitution Avenue, Madison Drive, 14th and 15th Streets, NW. on the National Mall in Washington, DC. A public meeting will be conducted to ensure that all significant issues related to construction and operation of the proposed museum are identified.

The Technical Guidelines Development Committee (the ``Development Committee'') has scheduled a plenary meeting for December 4th & 5th, 2006. The Committee was established to act in the public interest to assist the Executive Director of the U.S. Election Assistance Commission (EAC) in the development of voluntary voting system guidelines. The Development Committee held previous meetings on July 9, 2004; January 18 and 19, 2005; March 9, 2005; April 20 and 21, 2005; September 29, 2005 and March 29, 2006. The purpose of the seventh meeting of the Development Committee will be to review and approve draft documents that will form the bases for recommendations for future voluntary voting system guidelines to the EAC. The draft documents respond to tasks defined in resolutions passed at previous Technical Guideline Development Committee meetings.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service, Department of the Interior, has prepared a Final Environmental Impact Statement (EIS) for the General Management Plan (GMP) and Comprehensive River Management for the Middle and South Forks Kings River and the North Fork Kern River and for Sequoia and Kings Canyon National Parks located in California. The purpose and need for the plans is to establish a park vision for the next 15-20 years, provide direction for the management of wild and scenic rivers, replace an outdated master plan, guide management of cultural and natural resources, address unresolved issues in specific areas, and address the changing context of the parks within the regional ecosystem. Proposed Plan and Alternatives: The final EIS describes and analyzes five alternatives which respond to both NPS planning requirements and to the issues identified during the public scoping process. The No-Action alternative would continue current management direction, and it is the baseline for comparing the other alternatives (it was originally Alternative B when the alternatives were first presented to the public in the winter of 2000). The Preferred Alternative would accommodate sustainable growth and visitor enjoyment, protect ecosystem diversity, and preserve basic character while adapting to changing user groups (this was also determined to be ``environmentally preferred''). Alternative A would emphasize natural ecosystems and biodiversity, with reduced use and development; Alternative C would preserve the parks' traditional character and retain the feel of yesteryear, with guided growth; and Alternative D would preserve the basic character and adapt to changing user groups. Also included is a comprehensive river management plan for the portions of the Middle and South Forks of the Kings River and the North Fork of the Kern River, which have been designated by Congress as components of the national wild and scenic rivers system. The purpose of the river management plan is to provide direction and overall guidance on the management of lands and uses within the river corridors. Regarding wilderness, although the GMP does address compatibility of the alternatives with the park's backcountry and wilderness values, there is no new wilderness designation proposed under any of the alternatives. The foreseeable environmental consequences of each alternative, and appropriate mitigation strategies, are identified and analyzed in the EIS. Public Review and Changes in the Final Document: Prior to development of the Draft EIS, nine scoping meetings were held, seven planning newsletters issued; alternatives planning workshops were held in seven cities; and the parks regularly communicated with the cooperating association and concessioners authorized to operate in the parks. Meetings and contacts have occurred with special use permittees, private landowners; and numerous other stakeholders. The project mailing list included more than 3700 entries. The Draft EIS was available for 150 days review during May-October, 2004. It was made available at local area libraries, and could be reviewed electronically via https://www.nps.gov/seki or https://planning.den.nps.gov/seki. Printed and CD copies were sent upon request, and also distributed to agencies and organizations listed as recipients in the Consultation and Coordination section of the EIS. Public meetings to facilitate review and comment on the Draft EIS were held during the comment period both in the parks, as well as in the following locations: Thee Rivers, Visalia, Fresno/Clovis, Sacramento, San Francisco, Los Angeles and Bishop. Approximately 400 comments were received; this information resulted in minor corrections and clarifications to the Draft EIS/GMP. Editorial changes and additional explanatory text on topics of interest were incorporated. There were no substantive changes due to public commentary. Following the closure of the public comment period, Pub. L. 108-447 was enacted and changes to the document to accommodate this public law were made with regard to two areas with special use permits: (1) The law that appended the Mineral King area to the park in 1978 required that use of cabins at Mineral King be phased out upon the deaths of the permittees of record. Pub. L. 108-447 amended Pub. L. 95-625 by authorizing indefinite extension of special use permits to heirs, successors and assigns; and (2) Pub. L. 108-447 amended Pub. L. 99-338 to allow the Secretary to permit Southern California Edison Co. up to two additional ten-year permit periods of hydroelectric operations until 2026. Description of Alternatives: The Final EIS for the GMP/ Comprehensive River Management Plans includes four action alternatives and a no-action alternative which continues current management. The Comprehensive River management Plan would be common to every alternative. The No-Action Alternative (Continue Current Management): The parks are managed as they are now in accordance with approved plans (such as development concept plans, and the 1996 Giant Forest Interim Management Plan); negative resource impacts and visitor demands are mitigated by relocating development, reducing some uses, or confining new developed areas. Visitor uses are reassessed and revised as new information about natural and cultural resource impacts and visitor needs emerges. Current facilities are inadequate for park needs and visitor use levels, and crowding is common in some areas. Preferred Alternative: The parks' appeal is broadened to be more relevant to diverse user groups, Increased day use is accommodated, and overnight visitation is retained. The integrity of park resources is paramount. Stronger educational and outreach programs provide enjoyment and introduce park conservation values. The basic character of park activities and the rustic architecture of facilities are retained so that the parks remain strikingly different from surrounding areas. Park administrative facilities are redesigned and may be relocated outside the parks. Park facilities accommodate sustainable growth. Stock use continues with appropriate management and monitoring. Alternative A: Emphasize Natural Ecosystems and Biodiversity; Reduce Use and Development: The parks are natural resource preserves; they are primarily valued because they contain publicly owned resources that will be conserved for the future. Levels of use are lower than at present, and visitor experiences are more directly connected to natural resources and provide more solitude. The parks contrast strongly with surrounding lands which are continuing to develop. Park managers aggressively cooperate with the managers of surrounding lands to enhance range-wide biodiversity. Alternative C: Preserve Traditional Character and Retain the Feel of Yesteryear; Guide Growth: The parks present a traditional character and the feeling of yesteryear, where experiences are more reminiscent of how visitors used the parks in the past. This is conveyed through rustic architecture and lower impact recreational activities (such as sightseeing and hiking) that were popular from the 1920s to the 1960s, providing an experience that is strikingly different from that in an urban setting. Redesigned developed areas accommodate limited growth; overnight stays are encouraged. Negative impacts on natural resources are controlled, so as to maintain or improve resource conditions. Alternative D: Preserve Basic Character and Adapt to Changing User Groups; Guide Growth: The parks preserve some of their traditional character and rustic architecture, but diverse new user groups and uses are encouraged. Day use is more common. Facilities are expanded to meet users' needs, while frequent interpretive programs are offered to educate, entertain, and instill a sense of park conservation values. Negative impacts on natural resources are controlled or mitigated, so as to maintain or improve resource conditions. Addresses and Further Information: Copies of the Final EIS will be available for public review in the office of the Superintendent and at local area public libraries, and may also be requested (by those not presently on the mailing list) by contacting the park by letter at: Final EIS/GMP, Sequoia and Kings Canyon National Parks, 47050 Generals Highway, Three Rivers, CA 93271-9651; by telephone at (559) 565-3101; or by e-mail at sekisuperintendent@nps.gov. Please note that names and addresses of all respondents will become part of the public record. Our practice is to make all comments, including names, home addresses, home phone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Decision: The National Park Service will execute a Record of Decision not sooner than 30 days following publication by the Environmental Protection Agency of their notice of filing of the Final EIS in the Federal Register. As a delegated EIS the official responsible for the final approval of the General Management Plan and Comprehensive River Management Plan is the Regional Director; subsequently the official responsible for implementing the new plans would be the Superintendent, Sequoia and Kings Canyon National Parks.

EPA is announcing the meeting of the Forum on State and Tribal Toxics Action (FOSTTA) to enable state and tribal leaders to collaborate with EPA on environmental protection and pollution prevention issues. Representatives and invited guests of the Chemical Information and Management Project (CIMP), the Pollution Prevention (P2) Project, and the Tribal Affairs Project (TAP), components of FOSTTA, will be meeting December 11, 2006. The meeting is being held to provide participants an opportunity to have in-depth discussions on issues concerning the environment and human health. This notice announces the location and times for the meeting and sets forth some tentative agenda topics. EPA invites all interested parties to attend the public meeting.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS). The purpose of the Committee meeting is to introduce new members and conduct orientation training. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Committee and make an oral presentation of such. Persons desiring to make an oral presentation or submit a written statement to the Committee must notify the point of contact listed below no later than 5 p.m., 27 November 2006. Oral presentations by members of the public will be permitted only on Monday, 4 December 2006 from 4:30 p.m. to 5 p.m. before the full Committee. Presentations will be limited to two minutes. Number of oral presentations to be made will depend on the number of requests received from members of the public. Each person desiring to make an oral presentation must provide the point of contact listed below with one (1) copy of the presentation by 5 p.m., 1 December 2006 and bring 35 copies of any material that is intended for distribution at the meeting. Persons submitting a written statement must submit 35 copies of the statement to the DACOWITS staff by 5 p.m. on 1 December 2006.

The Advisory Committee was established by Pub. L. 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the reports of the Export-Import Bank of the United States to Congress. Time and Place: Tuesday, December 5, 2006, from 9:30 a.m. to 12 p.m. The meeting will be held at Ex-Im Bank in the Main Conference Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. Agenda: Agenda items include a briefing of the Advisory Committee members on challenges for 2007, their roles and responsibilities and an ethics briefing. Public Participation: The meeting will be open to public participation, and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If you plan to attend, a photo ID must be presented at the guard's desk as part of the clearance process into the building, and you may contact Teri Stumpf to be placed on an attendee list. If any person wishes auxiliary aids (such as a sign language interpreter) of other special accommodations, please contact, prior to November 29, 2006 Teri Stumpf, Room 1209, 811 Vermont Avenue, NW., Washington, DC 20571, Voice: (202) 565-3502 or TDD (202) 565-3377.

This notice announces the third meeting of the American Health Information Community Quality Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.)

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving visual disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect our program experience and advances in medical knowledge, treatment, and methods of evaluating visual disorders.