2007 – Federal Register Recent Federal Regulation Documents

K&W WEBB FAMILY PARTNERSHIP, LTD. (Applicant) has applied for an incidental take permit (TE-162051-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested permit would authorize incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of general development and construction activities on 153-acre Webb Tract on City Park Road, Travis County, Texas.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the old Brightman Street bascule bridge across the Taunton River at mile 1.8, between Fall River and Somerset, Massachusetts. Under this temporary deviation, in effect from 6 a.m. on October 13, 2007 through 5 p.m. on October 27, 2007, the bridge shall open on signal after a one-hour advance notice is given by calling the number posted at the bridge. This deviation is necessary to facilitate scheduled bridge maintenance.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 210, Cabin Management.

NMFS is prohibiting directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This closure also does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Pilot Program for the Central GOA. This action is necessary to prevent exceeding the 2007 Pacific halibut prohibited species catch (PSC) limit specified for trawl gear in the GOA.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving, with certain exceptions, an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Indiana Department of Natural Resources, Division of Reclamation (IDNR, department, or Indiana) revised its rules concerning the definition of ``government-financed construction''; underground mining reclamation plans for siltation structures, impoundments, dams, embankments, and refuse piles; requirements for performance bond release; surface mining permanent and temporary impoundments; surface mining primary roads; and inspections of sites. Indiana revised its program to be consistent with the corresponding Federal regulations, to clarify ambiguities, and to improve operational efficiency.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 841 nm\2\ (2,885 km\2\), southeast of Machias, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services (HHS), is contemplating the grant of an exclusive license worldwide to practice the invention embodied in United States issued Patent Number 7,052,907 titled: ``Adult Human Dental Pulp Stem Cells in vitro and in vivo'' referenced at HHS as E-233-2000/0-US-03 and corresponding foreign patent applications, United States Patent Application Number 10/553,633 titled: ``Postnatal Stem Cells and Uses Thereof'' referenced at HHS as E-018-2003/0-US-02 and corresponding foreign patent applications, United States Patent Application Number 11/433,627 titled: ``Multipotent Postnatal Stem Cells from Human Periodontal Ligament'' referenced at DHHS as E-033-2004/0-US-03 and corresponding patent applications, to Angioblast Systems, Inc. having a place of business in the state of New York. The field of use may be limited to the following: FDA or similar foreign body approved therapeutic for (1) regeneration/repair of the periodontal ligament lost from chronic periodontitis, (2) regeneration/repair of dentin/pulp complex lost during deep carious lesions and (3) regeneration/repair of neural networks. The United States of America is the assignee of the patent rights in this invention. The territory may be worldwide.

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.

This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services (HHS), is contemplating the grant of an exclusive license to practice the invention embodied in PCT patent application PCT/US2004/041265 filed December 9, 2004, entitled: ``Methods for Suppressing an Immune Response or Treating a Proliferative Disorder'' [HHS Reference Number: E-259-2003/0-PCT-02], to Emiliem, Inc., a Delaware Corporation, having a place of business in Emeryville, California. The field of use may be limited to the use of 2-(4-piperazinyl) substituted 4H-1-benzopyran-4-one compounds, including 2-(4-piperazinyl)-8-phenyl-4H-1-benzopyran-4-one (LY303511), for the treatment of cancer and/or other proliferative disorders not currently licensed, excluding the treatment and prevention of stenosis and restenosis. The United States of America is an assignee of the patent rights in these inventions.

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.

The Commission announces the next meeting date and agenda of its Consumer Advisory Committee (``Committee''). The purpose of the Committee is to make recommendations to the Commission regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of all consumers in proceedings before the Commission.

This notice announces the first demonstration site for the Medicare Clinical Laboratory Services Competitive Bidding Demonstration project and the date for the Bidder's Conference. The Medicare Clinical Laboratory Competitive Bidding Demonstration was mandated by the Congress. Section 302(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173) requires the Centers for Medicare & Medicaid Services (CMS) to conduct a demonstration project on the application of competitive acquisition for clinical laboratory services that would otherwise be paid under the Medicare Part B fee schedule. The objective of the demonstration is to determine whether competitive bidding can be used to provide Part B clinical laboratory services at fees below current Medicare payment rates while maintaining quality and access to care. The MMA specifically requires that the demonstration: (1) Includes tests paid under the Medicare Part B Clinical Laboratory Fee Schedule; (2) excludes entities that have a ``face-to-face encounter'' with the patient; (3) excludes Pap smears and colorectal cancer screening tests; and, (4) includes requirements under the Clinical Laboratory Improvement Amendments (CLIA) program. An initial Report to the Congress was submitted April 2006. Site(S): The fundamental criteria for selecting demonstration sites require that each Metropolitan Statistical Area (MSA) allows for potential Medicare program savings from the demonstration, is administratively feasible, represents the laboratory market, and will yield demonstration results that can be generalized to other MSAs. The first demonstration site will be the San Diego-Carlsbad-San Marcos, California MSA. A Bidders Conference is planned for October 31, 2007 in the San Diego-Carlsbad-San Marcos, California MSA. The demonstration covers tests provided to beneficiaries enrolled in the traditional fee-for-service (FFS) Medicare program who reside in the area of the demonstration site or competitive bid area (CBA) during the 3 year demonstration period. Beneficiaries who travel outside the CBA during the demonstration period and require laboratory services will be able to access services from most laboratories in the United States. We will not directly pay, however, for services furnished by a required bidder that did not bid or bid and did not win or a non- required bidder that bid and did not win. (The terms ``required bidder'' and ``non-required bidder'' are explained in section II below.) Laboratories may not bill beneficiaries for laboratory services covered under the Medicare program.

This notice requests individuals interested in serving on the South Texas Area Maritime Security (STAMS) Committee to submit their application for a potential opening on the committee to the Corpus Christi Captain of the Port/Federal Maritime Security Coordinator.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operations of the Clinton Railroad Drawbridge, Mile 518.0, Clinton, Iowa across the Upper Mississippi River. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given from 12:01 a.m. December 15, 2007 until 9 a.m., March 15, 2008. The deviation is necessary to allow time for performing needed maintenance and repairs to the bridge.

By Federal Register notice of September 14, 2007 (72 FR 52607- 52611) the Maritime Administration (MARAD) and the U.S. Coast Guard (Coast Guard) announced the intent to prepare an environmental impact statement/environmental impact report (EIS/EIR) for the Woodside Natural Gas, Inc. OceanWay Secure Energy Deepwater LNG Port license application located in the Federal waters of the Santa Monica Basin, approximately 27 miles southwest of Los Angeles International Airport (LAX). The EIS/EIR will be prepared with the City of Los Angeles (City) as a cooperating agency in the environmental review with the Coast Guard since the applicant has also filed an application for a lease/franchise of submerged City lands and an onshore pipeline franchise for the natural gas pipeline through the City. The EIS/EIR will meet the requirements of both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Publication of that notice began a 30-day scoping process and requested public participation to assist in the identification and determination of the environmental issues to be addressed in the EIS/ EIR with a deadline for submitting comments of October 12, 2007. In addition to receiving comments at the public scoping meeting on September 26, 2007, instructions were provided for submitting comments to the Department of Transportation (DOT) Docket Management System and to the new Federal Docket Management System (FDMS). On September 27, 2007 the DOT Docket Management System began migration to be replaced by the Federal Docket Management System to be effective October 1, 2007. Because of planned outages in the migration, the comment period was extended to October 15, 2007, as announced at the public meeting. Because of additional system migration outages; the need for familiarization time with the FDMS; and interest generated by the project, by this notice, MARAD; the Coast Guard; and the City of Los Angeles have extended the scoping comment period to October 31, 2007.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the existing Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This information collection is necessary to ensure that drivers, motor carriers and the States comply with the notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate. On July 10, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received.

This document contains a correction to final and temporary regulations (TD 9339) that were published in the Federal Register on Friday, September 14, 2007 (72 FR 52470) providing guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds.

An open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

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.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the Authorization for purchase and request for change of United States Savings Bonds.

We, the Fish and Wildlife Service (Service), announce the availability of an Incidental Take Permit (ITP) Application and Habitat Conservation Plan (HCP). Founders Ridge, LLC (applicant) requests an ITP for a duration of 10 years under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking a total of approximately 32.18 acres of Florida scrub-jay (Alphelocoma coerulescens)occupied habitat and approximately 1.85 acres of sand skink (Neoseps reynoldsi)occupied habitat incidental to the construction of a residential development consisting of 963 units and associated amenities, in Lake County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the Florida scrub-jay and sand skink.