August 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers is proposing to amend the regulations at 33 CFR 334.1380 for the existing danger zone in the vicinity of Kaneohe Bay, Hawaii. The proposed amendment will reflect the current operational and safety procedures at the Ulupau Crater Weapons Training Range and highlight a change in the hours that weapons firing may occur. These regulations are necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Marine Corps.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 15, 2007, vol. 72, no. 115, page 33276. 14 CFR part 21 prescribes certification standards for aircraft, aircraft engines, propellers, products, and parts. The information collected is used to determine compliance and applicant eligibility.

NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the September and October time period of the 2007 fishing year. The adjustment will allow for maximum utilization of the General category quota. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial fishing opportunities without risking overharvest of the General category quota.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for 30 CFR 764State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations; and 30 CFR 822Special Permanent Program Performance StandardsOperations in Alluvial Valley Floors. These collection requests have been forwarded tot he Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and the expected burden and cost.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Patent No. 6,914,554 entitled ``Radar Beam Steering with Remote Reflectory/Refraction,'' issued on July 5, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Draft Programmatic Environmental Impact Statement (DPEIS) will evaluate the overall impacts of various alternatives identified in a Long Island Sound Dredged Material Management Plan (LIS DMMP) for management of dredged material in the Long Island Sound (LIS) region. The overall goal of the LIS DMMP is to develop a comprehensive plan for dredged material management in Long Island Sound using a broad-based public process that protects the environment based on best scientific data and analysis, while meeting society's need for safe and economically viable navigation for water-based commerce, transportation, national security, and other public purposes. The LIS DMMP will identify potential environmentally acceptable, practicable management plans that can be utilized by the Corps of Engineers (Corps) in maintaining Federal navigation projects, as well as various non- Corps dredging proponents in their analysis of options to manage non- Corps dredging projects. Some alternative disposal methods may be implemented on the basis of the PEIS, while others may require additional analysis at the project level. As specific alternatives are put in place to implement a given management option, more detailed National Environmental Policy Act (NEPA) documents may be prepared by the Corps and other Federal agencies, and such NEPA documents will evaluate specific impacts from implementing a particular management option.

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on a proposed new collection of information (OMB 1024-xxxx). The 30-Day Federal Register Notice for this collection of information was published on August 10, 2007 (Volume 72, Number 154, Pages 45066-45067), was published in error and should be recognized as an incorrect version. The correct publication of the 30-Day Federal Register Notice for this collection of information will be published on August 28, 2007, and should be recognized as the correct version. If you have any questions or concerns regarding this matter, please contact Mr. Leonard E. Stowe, NPS, Information Collection Clearance Officer, 1849 C St., NW. (2605), Washington, DC 20240; or via fax at 202/371-1427; or via e-mail at leonardstowe@nps.gov.

Under the provision of section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH), National Cancer Institute (NCI), has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on June 28, 2007, page 43609 and allowed 60-days for public comment. One public comment was received asking about the possibility of doing studies of autism rather than the proposed survey. The comment was out of the scope of this current project. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

The National Science Foundation (NSF) gives notice of the availability of a draft Environmental Assessment (EA) for proposed activities in the Eastern Pacific Ocean and Caribbean Sea near Central America. The Division of Ocean Sciences in the Directorate for Geosciences (GEO/OCE) has prepared a draft Environmental Assessment for a marine geophysical survey by the Research Vessel Marcus G Langseth in the Eastern Pacific Ocean and Caribbean Sea near Central America, in the Exclusive Economic Zones of Costa Rica and Nicaragua (water depths from 2500 meters) during January-March 2008, The draft Environmental Assessment is available for public review for a 30-day period.

The Department of Defense (the Department or DoD) is amending 32 CFR by adding new regulations to implement the consumer protections provisions of Public Law 109-364, the John Warner National Defense Authorization Act for Fiscal Year 2007, section 670, ``Limitations on Terms of Consumer Credit Extended to Service Members and Dependents'' (October 17, 2006). Section 670 requires the Secretary of Defense to prescribe regulations to carry out the new section. The final rule regulates the terms of certain credit extensions to active duty service members and their dependents.

In accordance with sections 3 and 6 of the Clean Diamond Trade Act of 2003 (Public Law 108-19) and section 2 of Executive Order 13312 of July 29, 2003, the Department of State is identifying all the Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, and revising the previously published list of June 21, 2007 (Volume 72, Number 119, page 3426) to include Turkey.

The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2007-08 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

This proposed rule would revise some of the existing conditions for coverage (CfCs) that ambulatory surgical centers must meet to participate in the Medicare and Medicaid programs. The proposed modifications are intended to update the existing CfCs to reflect current practice and set forth new requirements to promote and protect patient health and safety.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Art & Emancipation in Jamaica: Isaac Mendes Belisario and His Worlds,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Yale Center for British Art, New Haven, Connecticut, from on or about September 27, 2007, until on or about December 30, 2007, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

The Department of the Navy (DON) hereby gives notice of a requirement to submit donation applications to obtain the guided missile cruiser ex-TICONDEROGA (CG 47) for use as a static museum/ memorial for public display under the authority of 10 U.S.C. 7306. The ex-TICONDEROGA was struck from the Naval Vessel Register on August 12, 2004 and is located at the NAVSEA Inactive Ships On-Site Maintenance Office, Philadelphia, PA. Eligible recipients include: (1) Any State, Commonwealth, or possession of the United States or any municipal corporation or political subdivision thereof; (2) the District of Columbia; or (3) any not-for-profit or non-profit entity. The transfer of a vessel for donation under 10 U.S.C. 7306 shall be at no cost to the United States Government. The donee will be required to maintain the vessel as a static display in a condition that is satisfactory to the Secretary of the Navy. A letter of intent will be required within 45 days from the date of this notice and all donation applications must be received by January 31, 2008. The DON will foreclose consideration of donation of ex- TICONDEROGA to any entity that does not submit a letter of intent to the DON within 45 days of the date of this notice. Prospective applicants must submit a letter of intent to the Navy Inactive Ships Program office within 45 days of this Federal Register notice. The letter of intent must: a. Identify the specific vessel sought for donation; b. Include a statement of the proposed use for the vessel; c. Identify the proposed berthing location; d. If the applicant is not a state, territory or possession of the United States, or a political subdivision or municipal corporation thereof, or the District of Columbia, provide a copy of a determination letter by the Internal Revenue Service that the applicant is exempt from tax under the Internal Revenue Code, or submit evidence that the applicant has filed the appropriate documentation in order to obtain tax exempt status; e. If the applicant asserts that it is a corporation or association whose Charter and/or Articles of Incorporation denies it the right to operate for profit, provide a properly authenticated copy of the Charter, Articles of Incorporation, and a copy of the organization's By-laws; f. Provide a notarized copy of the resolution or other action of the applicant's governing board authorizing the person signing the application to represent the organization and to sign on its behalf for the purpose of obtaining a vessel; and g. Provide written affirmation that the prospective applicant can submit a complete ship donation application to the DON, compliant with the DON's application requirements, by January 31, 2008. Upon receipt of the letter of intent, the DON will contact the prospective applicant(s) to ensure a full understanding of the application requirements, which will be available early September 2007, on the DON Ship Donation Web site located at: https:// peoships.crane.navy.mil/donation/. This information was previously available for several years at https://navsea.navy.mil/NDP and is being transitioned to a new server. Qualified organizations who submit a letter of intent for the ex- TICONDEROGA (CG 47) must submit a complete application to the DON by January 31, 2008, comprised of a Business/Financial Plan, Mooring Plan, Towing Plan, Maintenance Plan, Environmental Plan, Curatorial/Museum Plan, and a Community Support Plan. These plans must include the following information: 1. Business/Financial Plan: The Business/Financial Plan must detail the estimated start-up and operating costs, and provide detailed evidence of firm financing adequate to cover these costs. Start-up costs include towing, mooring (this includes but not limited to the cost of acquiring and improving facilities, and dredging if required), vessel restoration, museum development, and meeting environmental requirements (including permitting fees and expenses) etc. Operating costs are those costs associated with operating and maintaining the vessel as a museum/memorial, including rent, utilities, personnel, insurance, periodic dry-docking, etc. Firm financing means available funding to ensure the first five years of operation and future stability for long-term operation. This can include pledges, loans, gifts, bonds (except revenue bonds), funds on deposit at a financial institution, or any combination of the above. The applicant must also provide income projections from sources such as individual and group admissions, facility rental fees and gift shop revenues sufficient to cover the estimated operating expenses. 2. Mooring Plan: The Mooring Plan describes how the vessel will be secured at its permanent display site during normal and extreme weather conditions (including the 100-year storm event) to prevent damage to the vessel, its mooring system, the pier, and surrounding facilities. Provide evidence of availability of a facility for permanent mooring of the vessel, either by ownership, existing lease, or by letter from the facility owners indicating a statement of intent to utilize such facilities. Address any requirement to obtain site-specific permits and/or municipality approvals required for the facility, to include but not limited to, Port Authority and Army Corps of Engineers approvals/ permits, where required. The mooring location must be acceptable to the DON and not obstruct or interfere with navigation. 3. Towing Plan: The Towing Plan describes how the vessel will be prepared for tow and safely towed from its present location to the permanent display site proposed by the applicant. The Towing Plan must comply with all U.S. Navy Tow Manual requirements, which can be found at https://www.supsalv.org/pdf/towman.pdf. 4. Environmental Plan: The Environmental Plan describes how the applicant will comply with all Federal, State and local environmental and public health & safety regulations and permit requirements. The applicant must describe how it will address the possibility of invasive species on the underwater hull and measures to protect the marine environment of the proposed berthing location from invasive species. The applicant also should provide information necessary for the DON to complete an environmental assessment of the donation as required by the National Environmental Policy Act, including the impact of the donation on the natural and man-made environment, local infrastructure, and evaluation of the socio-economic consequences of the donation. 5. Maintenance Plan: The Maintenance Plan must describe plans for long-term and short-term maintenance of the vessel, including preservation and maintenance schedule, underwater hull inspections, emergency response and fire/flood/intrusion control, pest control, security, periodic dry-docking, and qualifications of the maintenance team. 6. Curatorial/Museum Plan: The Curatorial/Museum Plan includes three parts: Staff qualifications, a Collection Management Plan and Historical Management Plan. The Curatorial/Museum Plan must describe the qualifications and responsibilities for a professional curator and supporting staff. The Collection Management Plan must define the museum's scope of artifact collection, and the collection management activity (documentation, accession and deaccession policies, risk management and insurance, collections care and control, loans, etc.). The Historical Management Plan must provide a description of the historical context in which the vessel will be displayed. The plan should also describe proposed exhibits, as well as vessel restoration plans. The applicant must conform to standard ethical codes of conduct for museum organizations. 7. The Community Support Plan must include evidence of local support. Evidence of regional support should also be provided. This includes letters of endorsement from adjacent communities and counties, cities and/or States. Also describe how the location of the vessel will encourage public visitation and tourism, become an integral part of the community, and how the vessel will enhance community development. The Community Support Plan must also describe the benefit to the DON, including, but not limited to, addressing how the prospective donee may support DON recruiting efforts, the connection between the DON and the proposed berthing location, how veterans associations in the area are willing to support the vessel, how the prospective donee will honor veterans' contributions to the United States, and how the exhibit will commemorate those contributions and showcase naval traditions. The relative importance of each area that must be addressed in the donation application is as follows: Business/Financial Plan and Mooring Plan are the most important criteria and are equal in importance. The Towing Plan, Maintenance Plan and Environmental Plan are individually of equal importance but of lesser importance than the Business/ Financial and Mooring Plans. The Curatorial/Museum Plan and Community Support Plan are of equal importance, but of lesser importance than the aforementioned plans. Evaluation of the application(s) will be performed by the DON to ensure the application(s) are compliant with the minimum acceptable application criterion and requirements. In the event of multiple compliant applications for the same vessel, the DON will perform a comparative evaluation of the applications to determine the best-qualified applicant. The adjectival ratings to be used for each criterion include: Outstanding, Good, Satisfactory, Marginal, and Unsatisfactory. The Secretary of the Navy, or his designee, will make the final donation decision. Additional information concerning the application process and requirements will be available early September 2007, on the DON Ship Donation Web site located at https://peoships.crane.navy.mil/donation/. This information was previously available for several years at https:// navsea.navy.mil/NDP and is being transitioned to a new server. The complete application must be submitted in hard copy and electronically on a CD to the Navy Inactive Ships Program Office by January 31, 2008. In the absence of a viable donation application, the DON reserves the right to remove ex-TICONDEROGA from donation consideration and proceed with disposal of the vessel. For Further Information and Submission of Ship Donation Applications, Contact: Ms. Gloria Carvalho of the Naval Sea Systems Command, Navy Inactive Ships Program (PMS 333), telephone number 202- 781-0485. Mailed correspondence should be addressed to: The Columbia Group, 1201 M Street, SE., Suite 010, Washington, DC 20003; marked for Ms. Gloria Carvalho (PMS 333).

In this document, the Commission eliminates barriers to competitive entry in multiple dwelling units (MDUs) and in multiunit premises, when a new entrant seeks to compete against an incumbent provider. The Commission concluded that cutting and repairing sheet rock adds significantly to the physical difficulty and cost of wiring an MDU. In this document, the Commission again concludes that cable wiring located behind sheet rock qualifies as physically inaccessible under the Commission's rules for purposes of determining the demarcation point between home wiring and home run wiring. This ruling will facilitate competition in video distribution markets by clarifying the circumstances under which the existing cable home run wiring in MDUs can be made available to alternative video service providers.

The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The EPA Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the chartered SAB to: (1) Discuss strategic research directions for the U.S. Environmental Protection Agency; (2) complete its discussions of science use in disaster response programs; (3) conduct a quality review of the draft SAB report Advisory on Factors Influencing Hypoxia in the Gulf of Mexico; and (4) conduct a quality review of the draft SAB report Review of EPA's Draft Evaluation of the Carcinogenicity of Ethylene Oxide: A Report of the U.S. EPA Science Advisory Board.

This notice responds to Section 209 of the Sea Grant Program Improvement Act of 1976 (Pub. L. 94-461, 33 U.S.C. 1128), which requires the Secretary of Commerce to solicit nominations at least once a year for membership on the Sea Grant Review Panel. This advisory committee provides advice on the implementation of the National Sea Grant College Program.