Unknown. Final rule

3,199 words·~15 min read·/register/2006/05/05/06-4242

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-05-05.xml --- 71 87 Friday, May 5, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Committees; establishment, renewal, termination, etc.: Healthcare Research and Quality National Advisory Council, 26537-26538 06-4281 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service Army Army Department See Engineers Corps NOTICES Environmental statements; record of decision:

Fort Bragg, NC; Overhills property integration into Fort Bragg Training Program, 26471-26473 06-4233 Meetings: Armed Forces Epidemiological Board, 26473-26474 06-4239 Patent licenses; non-exclusive, exclusive, or partially exclusive: Method for discovering one or more peptides adapted for specific binding to a microorganism interest, 26474 06-4237 Parachute reefing system, 26474 06-4238 Portable thermocycler, 26474 06-4236 Privacy Act; systems of records, 26474-26476 06-4247 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 26538-26542 E6-6796 E6-6797 E6-6798 E6-6799 E6-6800 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 26542 E6-6793 Quarantine, inspection, and licensing: Birds and bird products; embargoes— Gaza, West Bank, and Ivory Coast, 26542-26543 E6-6875 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 26543-26544 E6-6805 E6-6808 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Assets for Independence Demonstration Program, 26544-26545 E6-6784 Coast Guard Coast Guard RULES Drawbridge operations: Mississippi, 26414-26416 06-4261 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Jacksonville Captain of Port Zone; FL, 26416-26419 06-4260 Portland Captain of Port Zone, OR, 26419 06-4275 Willamette River, Portland, OR, 26416 06-4266 NOTICES Environmental statements; availability etc.: Integrated Anti-Swimmer System; installation and operation, 26552 E6-6874 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 26451-26452 E6-6835 E6-6836 Commodity Commodity Credit Corporation NOTICES Environmental statements; availability, etc.:

Emergency Forestry Conservation Reserve Program, 26449-26450 E6-6816 Defense Defense Department See Army Department See Defense Logistics Agency See Engineers Corps See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 26464-26469 06-4244 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 26469-26471 06-4212 Inventions, Government-owned; availability for licensing, 26471 06-4245 Meetings:

Defense Business Board, 26471 06-4248 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 26476-26478 06-4250 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 26482-26483 E6-6879 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Agilent Technologies, Inc., 26561-26562 E6-6819 E6-6839 Air Products and Chemicals, Inc., 26563 E6-6820 Alcan Packaging - Cebal Americas, 26563 E6-6818 Array-Hartland, 26563-26564 E6-6840 Bespak, Inc., 26564 E6-6817 Cabot Corp., 26564-26565 E6-6815 Carolina Mills, Inc., 26565 E6-6821 Demetron Kerr, 26565 E6-6848 Eagle Picher, 26565 E6-6855 Maytag Corp., 26567-26568 E6-6813 EPEC, LLC, 26565-26566 E6-6814 First Choice Staff, Inc., et al., 26566-26567 E6-6856 Fraser Paper Ltd., 26567 E6-6847 Lesportsac Inc., 26567 E6-6846 Lollytogs, Ltd., 26567 E6-6845 Planar Systems, Inc., 26568 E6-6812 U.S.

Security Associates, Inc., 26568 E6-6838 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Energy rights-of-way on tribal lands study, 26483-26484 E6-6864 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Floyd County, KY; Levisa Fork Basin Section 202 Project, 26478 06-4235 Environmental statements; notice of intent: Miami-Dade County, FL; Everglades National Park water deliveries projects; Cape Sable seaside sparrow protection, 26478-26479 06-4241 Tuscarawas County, OH;

Dover Dam safety assurance evaluation report, 26479-26480 06-4234 EPA Environmental Protection Agency RULES Air programs: Fuels and fuel additives— Reformulated gasoline oxygen content requirement removed; non-oxygenated reformulated commingling prohibition revised; partially withdrawn; correction, 26419-26420 06-4253 NOTICES Air quality; prevention of significant deterioration (PSD): Permit determinations— Nevada Energy Investment, LLC, et al., 26497 E6-6860 Environmental statements; availability, etc.:

Agency comment availability, 26497-26498 E6-6861 Agency weekly receipts, 26498-26499 E6-6859 Superfund; response and remedial actions, proposed settlements, etc.: Estate of Evelyn Porter Site, MA, 26499 E6-6862 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 26499-26512 06-4209 Farm Farm Service Agency NOTICES Environmental statements; availability, etc.:

Hurricane assistance programs, 26449 E6-6811 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Boeing, 26423-26425 E6-6795 NOTICES Advisory circulars; availability, etc.: Aircraft Certification Service advisory circulars, policy documents, and technical standard orders, 26592-26593 06-4262 Environmental statements; record of decision: Clinton-Sherman Industrial Airpark, OK; commercial launch facility operation, 26593-26598 E6-6872 Passenger facility charges; applications, etc.:

Metropolitan Airports Commission, MN, et al., 26599-26600 06-4263 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: North Carolina, 26421-26422 06-4256 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 26488-26490 E6-6822 Environmental statements; availability, etc.: Crown Landing, LLC, et al., 26490-26491 E6-6854 Dominion Cove Point LNG, LP, et al., 26491-26493 E6-6844 Duke Power, 26493 E6-6852 Port Arthur LNG, L.P., et al., 26493-26494 E6-6843 Southern California Edison, 26494-26495 E6-6826 Hydroelectric applications, 26495-26497 E6-6825 E6-6851 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., 26484 E6-6830 Florida Gas Transmission Co., 26484 E6-6828 FPL Energy Burleigh County Wind, LLC, 26484-26485 E6-6850 GAMCO Investors, Inc., 26485 E6-6827 High Island Offshore System, L.L.C., et al., 26485 E6-6842 J.P.

Morgan Ventures Energy Corp., 26485-26486 E6-6824 Natural Gas Pipeline Co. of America, 26486 E6-6832 North American Electric Reliability Council et al., 26486 E6-6853 Northern Natural Gas Co., 26486-26487 E6-6829 Northwest Pipeline Corp., 26487 E6-6833 Ozark Gas Transmission, L.L.C., 26487 E6-6823 Spindle Hill Energy LLC, 26488 E6-6834 Transcontinental Gas Pipe Line Corp., 26488 E6-6831 Federal Highway Federal Highway Administration RULES Engineering and traffic operations: Interstate system; highway construction and reconstruction projects; design standards, 26412-26414 06-4228 NOTICES Environmental statements; availability, etc.:

Polk County, IA, 26600-26601 E6-6802 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; vision requirement exemptions, 26601-26602 E6-6786 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc: Golden Pacific Railroad, Inc., 26602-26603 E6-6785 Sacramento Regional Transit District, 26603-26604 E6-6788 Meetings: Railroad Safety Advisory Committee, 26604 E6-6787 Safety advisories, bulletins, and directives:

Tank cars with stub sills, 26604-26605 E6-6873 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 26513 E6-6837 Meetings: Home equity lending market, 26513-26516 E6-6803 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions etc.— Andrews’ Dune scarab beetle, 26444-26448 E6-6791 NOTICES Endangered and threatened species permit applications, determinations, etc., 26554-26556 E6-6866 E6-6867 E6-6870 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 26450 E6-6865 Meetings:

Resource Advisory Committees— Northeast Oregon Forests, 26450-26451 06-4254 GSA General Services Administration RULES Federal Management Regulation: Personal property; replacement pursuant to exchange/sale authority; revision; and surplus personal property donation; correction, 26420-26421 06-4127 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 26469-26471 06-4212 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Native/American Indian and Alaska Native Women Living in Rural and Frontier Indian Country HIV/AIDS Prevention Program, 26516-26523 06-4210 Women Living in Puerto Rico and U.S. Virgin Islands HIV Prevention Program, 26523-26530 E6-6868 Women Living in Rural South HIV/AIDS Prevention Program, 26530-26537 06-4211 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 26553-26554 06-4259 Grants and cooperative agreements; availability, etc.:

Discretionary programs (SuperNOFA); correction, 26610-26673 06-4084 Homeless assistance; excess and surplus Federal properties, 26554 06-4128 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 26554 06-4229 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Japan, 26452-26453 E6-6878 Freshwater crawfish tail meat from— China, 26453-26454 E6-6880 Frozen warmwater shrimp from— China, 26454-26455 E6-6877 Steel concrete reinforcing bars from— Turkey, 26455-26463 E6-6881 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 26556-26557 06-4258 Environmental statements; availability, etc.:

Kobuk-Seward Peninsula, AK; resource management plan, 26557-26558 E6-6774 Meetings: Pinedale Anticline Working Group; canceled, 26558 E6-6792 Oil and gas leases: New Mexico, 26558-26559 E6-6782 Texas, 26559 E6-6783 Management Management and Budget Office NOTICES Metropolitan and micropolitan statistical areas; definitions and guidance update, 26571 06-4255 Maritime Maritime Administration NOTICES Deepwater ports; license applications: TORP Terminal LP, 26605-26606 E6-6789 Minerals Minerals Management Service NOTICES Environmental statements; notice of intent:

Outer Continental Shelf— National Offshore Alternate Energy-Related Use Program; scoping meetings, 26559-26560 E6-6924 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 26568-26569 E6-6857 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 26469-26471 06-4212 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 26569-26571 E6-6849 National Highway National Highway Traffic Safety Administration NOTICES Meetings:

New pneumatic radial tires for use on motor vehicles that have a gross vehicle weight rating of 10,000 pounds or less; technical workshop and seminar, 26606-26607 E6-6790 NIH National Institutes of Health NOTICES Meetings: Fogarty International Center Advisory Board, 26545-26546 06-4220 National Eye Institute, 26546 06-4217 National, Heart, Lung, and Blood Institute, 26546-26547, 26550 06-4214 06-4219 06-4222 National Institute of Allergy and Infectious Diseases, 26549 06-4225 National Institute of Dental & Craniofacial Research, 26548 06-4223 National Institute of Diabetes and Digestive and Kidney Diseases, 26547 06-4218 National Institute of Environmental Health Sciences, 26547, 26549-26550 06-4216 06-4226 National Institute of Nursing Research, 26548 06-4221 National Institute on Deafness and Other Communication Disorders, 26548-26549 06-4224 Scientific Review Center, 26550-26552 06-4215 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

Mid-Atlantic Fishery Management Council, 26463-26464 E6-6841 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 26480-26481 E6-6801 Privacy Act; systems of records, 26481-26482 06-4249 06-4251 Office Office of Management and Budget See Management and Budget Office Presidential Presidential Documents ADMINISTRATIVE ORDERS Palestine Liberation Organization; waiver of statutory provisions (Presidential Determination) No. 2006-12 of April 13, 2006, 26409 06-4290 Reclamation Reclamation Bureau NOTICES Environmental Statements; availability etc.:

Trinity River Restoration Program, CA, 26560-26561 E6-6794 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 26571-26573 E6-6775 E6-6778 E6-6779 Intermarket Trading System; plan amendments, 26573-26574 E6-6780 Meetings; Sunshine Act, 26574 06-4279 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 26574-26575 E6-6777 Municipal Securities Rulemaking Board, 26575-26579 E6-6804 E6-6807 National Association of Securities Dealers, Inc., 26579-26582 E6-6806 Pacific Exchange, Inc., 26582-26589 E6-6781 Philadelphia Stock Exchange, Inc., 26589-26592 E6-6776 Social Social Security Administration RULES Social security benefits:

Federal old age, survivors, and disability insurance— Digestive system; listing of impairments; effective date extended, 26411-26412 06-4242 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration PROPOSED RULES Air carrier control: Fitness review policies, 26425-26444 06-4227 MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 26552-26553 E6-6858 Separate Parts In This Issue Part II Housing and Urban Development Department, 26610-26673 06-4084 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 87 Friday, May 5, 2006 Rules and Regulations SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 RIN 0960-AG39 Extension of the Expiration Date for the Digestive Listings AGENCY:

Social Security Administration (SSA). ACTION: Final rule. SUMMARY: We use the Listing of Impairments (the listings) in appendix 1 to subpart P of this part, at the third step of the sequential evaluation process when we evaluate your claim for benefits based on disability under title II and title XVI of the Social Security Act (the Act). This final rule extends until July 2, 2007, the date on which the listings for the digestive system will no longer be effective. Other than extending the date during which the digestive listings will be effective, we have made no revisions to the listings; they remain the same as they now appear in the Code of Federal Regulations.

This extension will ensure that we continue to have medical evaluation criteria in the listings to adjudicate disability claims in this body system at the third step of the sequential evaluation process. DATES: This final rule is effective on May 5, 2006. Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* FOR FURTHER INFORMATION CONTACT: Cathy Lively, Team Leader, Social Insurance Specialist, Office of Disability Programs, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410)966-1180 or TTY

(410)966-5609. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: We use the listings at the third step of the sequential evaluation process to evaluate claims filed by adults and children for benefits based on disability under the title II and title XVI programs. The listings are in two parts. There are listings for adults (part A) and for children (part B). If you are an individual age 18 or over, we apply the listings in part A when we assess your claim, and we never use the listings in part B. If you are an individual under age 18, we first use the criteria in part B of the listings. If the listings in part B do not apply and the specific disease process(es) has a similar effect on adults and children, we then use the criteria in part A (see 20 CFR 404.1525 and 416.925). As a result of medical advances in disability evaluation and treatment, as well as our program experience, we periodically review and update the listings. On November 14, 2001, we published a Notice of Proposed Rulemaking

(NPRM)in the **Federal Register** (66 FR 57009) that proposed revisions to the digestive system listings. On April 24, 2002, we published final rules, entitled “Technical Revisions to Medical Criteria for Determinations of Disability” (67 FR 20018), which incorporated minor technical changes to the digestive listings to include references to modern imaging techniques and added listings 5.09 and 105.09 for liver transplantation. On November 8, 2004, we published a notice providing a 60-day extension of the comment period on the NPRM for the limited purpose of accepting comments regarding chronic liver disease (69 FR 64702). We then held an outreach meeting in Cambridge, Massachusetts on November 14, 2004, regarding our listings for chronic liver disease. Finally, in final rules published on June 16, 2005 (68 FR 36911), we extended the expiration date for the digestive system listings until July 3, 2006. We intend to publish final rules to update the digestive listings as expeditiously as possible; however, we will not be able to publish revised listings for the digestive body systems by July 3, 2006, the current expiration date. Therefore, in this final rule, we are extending the current expiration date for the digestive listings until July 2, 2007. Regulatory Procedures Justification for Final Rule Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5), we follow the Administrative Procedure Act

(APA)rulemaking procedures specified in 5 U.S.C. 553 in the development of regulations. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. We have determined that, under 5 U.S.C. 553(b)(B), good cause exists for dispensing with the notice and public comment procedures for this rule, because this final rule only extends the date on which the digestive listings will no longer be effective. It makes no substantive changes to those listings. The current regulations expressly provide that listings may be extended, as well as revised and promulgated again. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this regulation as a final rule. In addition, we find good cause for dispensing with the 30-day delay in the effective date of a substantive rule, as provided for by 5 U.S.C. 553(d). As explained above, we are not making any substantive changes in the digestive body system listings. However, without an extension of the expiration dates for these listings, we will lack regulatory criteria for assessing impairments of the digestive system at the third step of the sequential evaluation process. In order to ensure that we continue to have regulatory criteria for assessing impairments under these listings, we find that it is in the public's interest to make this final rule effective on the date of publication. Executive Order 12866 We have consulted with the Office of Management and Budget

(OMB)and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as amended by Executive Order 13258. We have also determined that this final rule meets the plain language requirement of Executive Order 12866, as amended by Executive Order 13258. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because it affects only individuals. Therefore, a regulatory flexibility analysis, as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act This final rule imposes no reporting/recordkeeping requirements necessitating clearance by OMB. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security—Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006, Supplemental Security Income) List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-Age, Survivors and Disability Insurance, Reporting and recordkeeping requirements, Social Security. Dated: May 1, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. For the reasons set forth in the preamble, part 404, subpart P, chapter III of title 20 of the Code of Federal Regulations is amended as set forth below. PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Subpart P—[Amended] 1. The authority citation for subpart P of part 404 continues to read as follows: Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189. 2. Appendix 1 to subpart P of part 404 is amended by revising item 6 of the introductory text before part A to read as follows: Appendix 1 to Subpart P of Part 404—Listing of Impairments 6. Digestive System (5.00 and 105.00): July 2, 2007. [FR Doc. 06-4242 Filed 5-4-06; 8:45 am]

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