July 7, 2008 – Federal Register Recent Federal Regulation Documents

This document proposes to rescind Federal Motor Vehicle Safety Standard (FMVSS) No. 219, ``Windshield zone intrusion.'' This proposed action results from NHTSA's periodic review of its regulations to determine whether a continuing safety need exists for the standard under review. NHTSA tentatively concludes that the windshield zone intrusion standard is no longer necessary because other FMVSSs are now in place to meet the safety need that the standard had addressed.

This notice advises the public that the Bureau of Indian Affairs (BIA), as lead agency, with the Cloverdale Rancheria of Pomo Indians (Tribe) as a cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 79 acre fee-to-trust acquisition and casino and hotel project to be located within the City of Cloverdale's Sphere of Influence, in an unincorporated area of Sonoma County, California. The purpose of the proposed action is to help promote tribal economic development, self-sufficiency, and a strong tribal government. This notice also announces a public scoping meeting to identify potential issues, concerns and alternatives to be considered in the EIS.

This is a notice of an Administrative declaration of a disaster for the State of Vermont Dated 6/25/2008. Incident: Heavy rains and flash flooding. Incident Period: 06/14/2008 through 06/17/2008. Effective Date: 06/25/2008. Physical Loan Application Deadline Date: 08/25/2008. Economic Injury (EIDL) Loan Application Deadline Date: 03/23/2009.

We are adopting a new airworthiness directive (AD) for all Lockheed Model 382, 382B, 382E, 382F, 382G, and 382J series airplanes. This AD requires, among other actions, an inspection to determine whether a certain upper engine mount bolt is installed, and replacement of any discrepant upper engine mount bolt with a new one. This AD results from a report indicating that several upper engine mount bolts manufactured by a certain supplier broke during installation. We are issuing this AD to prevent failure of the upper engine mount bolts, which could result in reduced structural capability of an engine mount, and possible separation of a strut and engine from the airplane during flight.

In 1997, Illinois adopted and submitted rules establishing a cap and trade program regulating emissions of volatile organic compounds (VOC). The program, known as the Emission Reduction Market System (ERMS), was designed to address VOC sources in the Chicago area with potential to emit at least 25 tons per year. Then, in 2004, the Chicago ozone nonattainment area was in effect reclassified from severe to moderate, which according to EPA guidance revised the applicable definition of major sources from 25 tons per year to 100 tons per year. This ``reclassification'' could have resulted in the program no longer including sources with potential to emit more than 25 but less than 100 tons per year. Instead, Illinois adopted rule revisions, submitted to EPA on January 10, 2007, which required that these sources remain part of the program. Illinois' rule revisions also addressed other potential ramifications of the ``reclassification.'' EPA is approving these rule revisions.

Western Area Power Administration (Western), a Federal power marketing agency of the Department of Energy, is publishing this response to letters of interest and comments resulting from Western's Notice of Request for Letters of Interest in the Federal Register (72 FR 34679), dated June 25, 2007. The notice provided an opportunity for potential new eligible customers to indicate an interest in receiving an allocation of Federal power, and for the public to comment on appropriate purposes for the Loveland Area Projects (LAP) Post-2009 proposed resource pool. This Federal Register notice summarizes the letters of interest and comments received by Western's Rocky Mountain Region (RMR), and Western's plans to proceed with Post-2009 resource pool allocations.

NOAA and the USFWS are proposing regulations to establish a ship reporting system for the Papahanaumokuakea Marine National Monument. This action would implement measures adopted by the International Maritime Organization requiring notification by ships passing through the Monument without interruption. A draft environmental assessment has been prepared for this proposed action pursuant to the National Environmental Policy Act. A copy of the draft environmental assessment is available for public review at https:// hawaiireef.noaa.gov/ and comment concurrently with this proposed rule.

The Architectural and Transportation Barriers Compliance Board (Access Board) has established an advisory committee to make recommendations on issues related to the effectiveness of emergency alarm systems for individuals with hearing loss or deafness on passenger vessels. The advisory committee recommendations will assist the Access Board in developing accessibility guidelines under the Americans with Disabilities Act for passenger vessels. This notice announces the dates, time, and location of the next committee meeting.

This proposed rule would address proposed changes to Medicare Part B payment policy. We are proposing these changes to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. This proposed rule also discusses refinements to resource-based practice expense (PE) relative value units (RVUs); geographic practice cost indices (GPCI) changes; malpractice RVUs; requests for additions to the list of telehealth services; several coding issues; payment for covered outpatient drugs and biologicals; the competitive acquisition program (CAP); application of health professional shortage area (HPSA) bonus payments; payment for renal dialysis services; performance standards for mobile independent diagnostic testing facilities; and physician and nonphysician practitioners furnishing diagnostic testing services; a solicitation for comments regarding the use of the Federal Payment Levy Program to recover delinquent Federal tax debts; a proposed amendment to the exemption for computer-generated facsimile transmissions from the National Council for Prescription Drug Programs (NCPDP) SCRIPT standard for transmitting prescription and certain prescription-related information for Part D covered drugs prescribed for Part D eligible individuals; conforming and clarifying changes for comprehensive outpatient rehabilitation facilities (CORFs); revisions for rehabilitation agencies; therapy-related technical corrections; the physician quality reporting initiative; physician self-referral issues and anti-markup; beneficiary signature for nonemergency ambulance transport; the chiropractic services demonstration; educational requirements for nurse practitioners and clinical nurse specialists; qualifications of portable x-ray supplier personnel; the expiration of provisions of the Medicare, Medicaid, and SCHIP Extension Act of 2007; bonus payments for long ambulance transports; the annual update for clinical laboratory fees under the clinical laboratory fee schedule; physician certification/recertification for home health services; a prohibition concerning providers of sleep tests; organ retrieval; a revision to the ``Appeals of CMS or CMS contractor Determinations When a Provider or Supplier Fails to Meet the Requirements for Medicare Billing Privileges'' final rule; and, potentially misvalued services under the physician fee schedule.

This action establishes Class E5 airspace at Plains, TX. Additional controlled airspace is necessary to accommodate aircraft using new RNAV Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) at Yoakum County Airport, Plains, TX. This action will enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Yoakum County Airport.

Pursuant to section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.C. 201(b), and to the regulations adopted as 43 CFR 3410, all interested parties are hereby invited to participate with Kiewit Mining Properties Inc. on a pro rata cost sharing basis in its program for the exploration of coal deposits owned by the United States of America in the following-described land in Campbell County, WY: