70570 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

would have a significant adverse effect 

on the supply, distribution or use of 

energy. This proposed rule would 

provide limited, temporary flexibility to 

entities in the highway diesel 

distribution system downstream of the 

refineries and import facilities. Other 

proposed amendments contained in 

today’s action pertain to ensuring the 

enforceability of the highway diesel 

program. The remaining proposed 

amendments in today’s rule would 

provide technical correction and 

clarification to the requirements under 

the highway diesel, the nonroad diesel, 

and the Tier 2 gasoline programs. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (such as materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by voluntary 

consensus standards bodies. NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable voluntary consensus 

standards. 

This proposed rule does not involve 

technical standards. Thus, we have 

determined that the requirements of the 

NTTAA do not apply. 

II. Statutory Provisions and Legal 

Requirements 

The statutory authority for this action 

comes from sections 211(c) and (i) of the 

Clean Air Act as amended 42 U.S.C. 

7545(c) and (i). This action is a 

rulemaking subject to the provisions of 

Clean Air Act section 307(d). See 42 

U.S.C. 7606(d)(1). Additional support 

for the procedural and enforcement 

related aspects of the rule comes from 

sections 144(a) and 301(a) of the Clean 

Air Act. 42 U.S.C. 7414(a) and 7601(a). 

List of Subjects in 40 CFR Part 80 

Environmental protection, Diesel fuel, 

Fuel additives, Gasoline, Motor vehicle 

Pollution, Penalties, Recordkeeping and 

reporting requirements. 

Dated: November 8, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–22806 Filed 11–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 2930 

RIN: 1004–AD68 

[WO–250–1220–PA–24 1A] 

Permits for Recreation on Public 

Lands 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update the regulations of the Bureau of 

Land Management (BLM) that tell how 

to obtain recreation permits for 

commercial recreational operations, 

competitive events and activities, 

organized group activities and events, 

and individual recreational use of 

special areas. 

The proposed rule is needed to 

remove from the regulations 

inconsistencies with the Federal Lands 

Recreation Enhancement Act (REA), 

which authorizes the Secretaries of the 

Interior and Agriculture to establish, 

modify, charge, and collect recreation 

fees at Federal recreation lands and 

waters for the next 10 years. 

DATES: You should submit your 

comments by January 23, 2006. BLM 

will not necessarily consider comments 

postmarked or received by messenger or 

electronic mail after the above date in 

the decisionmaking process on the 

proposed rule. 

ADDRESSES:

Mail: Director (630), Bureau of Land 

Management, Administrative Record, 

Room 401-LS, Eastern States Office, 

7450 Boston Boulevard, Springfield, 

Virginia 22153. 

Personal or messenger delivery: Room 

401, 1620 L Street, NW., Washington, 

DC 20036. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

Internet e-mail: 

comments_washington@blm.gov. 

(Include ‘‘Attn: AD68’’). 

FOR FURTHER INFORMATION CONTACT: Lee 

Larson at (202) 452–5168 as to the 

substance of the proposed rule, or Ted 

Hudson at (202) 452–5042 as to 

procedural matters. Persons who use a 

telecommunications device for the deaf 

(TDD) may contact either individual by 

calling the Federal Information Relay 

Service (FIRS) at (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of Proposed Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

A. How do I comment on the proposed 

rule? 

If you wish to comment, you may 

submit your comments by any one of 

several methods. 

• You may mail comments to Director 

(630), Bureau of Land Management, 

Administrative Record, Room 401 LS, 

Eastern States Office, 7450 Boston 

Boulevard, Springfield, Virginia 22153. 

• You may deliver comments to 

Room 401, 1620 L Street, NW., 

Washington, DC 20036. 

• You may comment on the rule at 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• You may also comment via e-mail 

to: comments_washington@blm.gov. 

Please make your comments on the 

proposed rule as specific as possible, 

confine them to issues pertinent to the 

proposed rule, and explain the reason 

for any changes you recommend. Where 

possible, your comments should 

reference the specific section or 

paragraph of the proposal that you are 

addressing. 

BLM may not necessarily consider or 

include in the Administrative Record 

for the final rule comments that BLM 

receives after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

B. May I review comments submitted by 

others? 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ‘‘ADDRESSES: 

Personal or messenger delivery’’ during 

regular business hours (7:45 a.m. to 4:15 

p.m.), Monday through Friday, except 

holidays. 

Individual respondents may request 

confidentiality, which we will honor to 

the extent allowable by law. If you wish 

to withhold your name or address, 

except for the city or town, you must 

state this prominently at the beginning 

of your comment. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

II. Background 

The REA was passed in the 2005 

Omnibus Appropriations bill signed 

into law on December 8, 2004. The Act 

provides authority for 10 years for the 

Secretaries of the Interior and 

Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70571 

Agriculture to establish, modify, charge, 

and collect recreation fees for use of 

some Federal recreation lands and 

waters. 

Section 13 of REA repealed certain 

admission and use fee authorities, 

including Section 4(a) through (i) of the 

Land and Water Conservation Fund Act 

of 1965 (16 U.S.C. 460l–6a et seq.), and 

Section 315 of the Department of the 

Interior and Related Agencies 

Appropriations Act, 1996 (as contained 

in section 101(c) of Public Law 104–134; 

16 U.S.C. 460l–6a). The latter provision 

authorized the Recreational Fee 

Demonstration Program, which BLM has 

used to fund many of our recreation 

sites. Because these authorities have 

been repealed, we need to amend BLM’s 

recreation permit regulations to remove 

references to them. 

Under REA, BLM will—

• Reinvest a majority of fees back to 

the site of collection to enhance visitor 

services and reduce the backlog of 

maintenance needs for recreation 

facilities (including trail maintenance, 

toilet facilities, boat ramps, hunting 

blinds, interpretive signs and programs); 

• Participate in an interagency fee 

program that reduces the number of 

national passes from four to one 

allowing visitors access to all Federal 

recreation lands and sites; 

• Provide more opportunities for 

public involvement in BLM’s 

determination of recreation fee sites and 

fees; and 

• Provide for cooperation with 

gateway communities through fee 

management agreements for visitor and 

recreation services, emergency medical 

services, and law enforcement services. 

BLM does not and will not charge a 

fee for many recreation activities and 

sites on public lands. The REA includes 

additional provisions that build on 

BLM’s past experiences in the recreation 

fee program and improve the fee 

program by clarifying the circumstances 

in which fees may be charged. Under 

the Act, BLM will not charge standard 

or expanded amenity recreation fees 

for—

• General access to BLM areas; 

• Horseback riding, walking through, 

driving through, or boating through 

public lands where no facilities or 

services are used; 

• Access to overlooks or scenic 

pullouts; 

• Undesignated parking areas where 

no facilities are provided; or 

• Picnicking along roads or trails. 

In addition, individuals under 16 will 

not be charged an entrance or standard 

amenity fee. 

Under the REA, BLM will form and 

use Recreation Resource Advisory 

Committees for BLM sites and areas, or 

in lieu of a Recreation Resource 

Advisory Committee, may use a 

Resource Advisory Committee under 

another provision of law, to give 

communities additional opportunities to 

provide input on the establishment of a 

specific recreation fee site or the 

implementation of a fee, and will 

provide other opportunities for notice 

and public participation before 

establishing a new fee. We will also 

keep the visiting public informed on 

how we are using fee revenues to 

improve visitor facilities and services. 

III. Discussion of Proposed Rule 

The proposed rule makes changes in 

the existing regulations on permits for 

recreation on public lands in order to 

bring them into conformance with the 

law, including the REA. This section of 

the preamble describes the changes 

made in each section of the regulations. 

Section 2931.3 What are the 

authorities for these regulations? 

The proposed rule would amend this 

section to remove references to the 

repealed authority, portions of the Land 

and Water Conservation Fund Act, 16 

U.S.C. 460l–6a, and add reference to the 

REA. It explains that the REA authorizes 

BLM to collect fees for recreational use 

of certain kinds of areas, and to issue 

special recreation permits for group 

activities, such as commercial outings, 

and recreation events, such as races or 

traditional assemblies. The rule also 

clarifies the authority contained in 

Section 303 of the Federal Land Policy 

and Management Act (FLPMA), 43 

U.S.C. 1733. It also restates the 

functions of 18 U.S.C. 3571 and 3581 et 

seq., that they establish penalties of 

fines and imprisonment for violation of 

regulations. Finally, in this section, the 

rule removes paragraph (b) discussing 

36 CFR part 71, because the regulations 

there are outdated. 

Section 2932.57 Prohibited acts and 

penalties. 

In this section, which covers 

prohibited acts and penalties related to 

special recreation permits, the proposed 

rule would amend paragraph (b)(3) by 

removing reference to the Land and 

Water Conservation Fund Act and 

adding the REA in its place. 

Section 12(d) of the REA establishes 

limits on penalties for failure to pay 

recreation fees established under the 

Act. It provides for such failures to be 

punishable as Class A or Class B 

misdemeanors, but limits fines for a first 

offense to $100. (Under 18 U.S.C. 3571 

and 3581, a Class A misdemeanor is 

subject to a penalty of not more than 

$100,000 for an individual ($200,000 for 

an organization) or one year in jail. A 

Class B misdemeanor is subject to a fine 

of not more than $5,000 for an 

individual ($10,000 for an organization) 

or six months in jail.) We have also 

revised paragraph (b) of section 2932.57 

to reflect this provision of the REA. 

Section 2933.33 Prohibited acts and 

penalties. 

The proposed rule would amend this 

section, which states prohibitions and 

imposes penalties related to recreation 

use permits, by removing references to 

the Land and Water Conservation Fund 

Act, and substituting REA, where 

appropriate. To conform the prohibited 

acts in paragraph (a) of the section with 

the table of penalties in paragraph (d), 

we have added a provision to paragraph 

(a) requiring compliance with recreation 

use permit stipulations and conditions. 

The proposed rule would also remove 

unnecessary internal cross-references in 

this section, and correct inaccurate legal 

citations. 

IV. Procedural Matters 

Regulatory Planning and Review (E.O. 

12866) 

This document is not a significant 

rule and was not subject to review by 

the Office of Management and Budget 

under Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or state, local, or 

tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. The rule implements a 

new statute that affects all land 

managing agencies. The other agencies 

are cooperating with BLM in developing 

general guidelines for implementing the 

statute. 

(3) This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. It 

maintains current policies on user fees. 

(4) This rule does not raise novel legal 

or policy issues. It cites new statutory 

authority that does not have 

substantially different effects on the 

program or the public. 

During fiscal year 2004, BLM issued 

just over 109,000 Special Recreation 

Permits of all kinds, with revenues 

totaling a little over $8 million 

deposited into the Land and Water 

Conservation Fund (LWCF), the Fee 

Demonstration Project, and other 

70572 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

miscellaneous accounts. These numbers 

are derived from the Public Land 

Statistics, and represent an increase of 

slightly more than fivefold since 1996. 

On the other hand, according to the 

American Recreation Coalition, 

Americans spent more than $108 billion 

on wildlife-related recreation (fishing, 

hunting, birdwatching, and so forth) 

alone. We give these numbers to 

illustrate that the fees charged under 

BLM’s recreation program are 

minuscule compared with those 

realized by the overall national 

recreation industry. Special Recreation 

Permits are generally obtained by 

commercial outfitters and guides, river 

running companies, sponsors of 

competitive events, ‘‘snow bird’’

seasonal mobile home campers who use 

BLM’s long-term visitor areas, and 

private individuals and groups using 

certain special areas. Under current 

regulations, use fees are established by 

the BLM Director, who may adjust them 

from time to time to reflect changes in 

costs and the market, and published 

periodically in the Federal Register. 

BLM may charge actual costs, subject to 

certain limitations. During fiscal year 

2004, BLM issued just over 655,000 

Recreation Use Permits for use of fee 

sites, with revenues totaling a little over 

$5,200,000. We state these figures to 

give some idea of the scope of the BLM 

recreation program in economic terms, 

and to show that the revenues from the 

program do not approach $100 million 

annually. The REA makes changes in 

the authorities for BLM’s recreation fees, 

but Section 3 of the Act does not change 

the policy for setting those fees: ‘‘The 

amount of the recreation fee shall be 

commensurate with the benefits and 

services provided to the visitor,’’ and 

‘‘[t]he Secretary shall consider 

comparable fees charged elsewhere and 

by other public agencies and by nearby 

private sector operators.’’ Thus, it is 

clear that the changes in the proposed 

rule will not have economic effects 

exceeding $100 million annually. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). BLM recognizes that 

most commercial recreation 

enterprises—outfitters, guides, riverrunning companies, local retail 

outlets—are small businesses, and that 

over 5,000 of them annually hold BLM 

commercial or competitive permits. 

Nevertheless, this proposed rule does 

not change permit fees, but rather 

updates the regulations to reflect 

changes in authorities for the fees and 

changes their allocation. Penalties for 

non-payment of fees would not affect 

outfitters, event organizers, and other 

commercial permittees, who must pay 

the fees before receiving permits. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

• Does not have an annual effect on 

the economy of $100 million or more. 

See the discussion under Regulatory 

Planning and Review, above. 

• Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, state, or 

local government agencies, or 

geographic regions. The rule will have 

no effect on the 3 percent basic use fee 

that BLM s fee schedule (set by the 1984 

policy, not regulations) requires 

outfitters to pay. 

• Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

The changes in the regulations required 

by enactment of the REA will not lead 

to increases in user fees or any other 

cost factors that would impel 

recreationists to travel to comparable 

foreign recreation destinations. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on state, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on state, local, or Tribal 

governments or the private sector. The 

rule has no effect on governmental or 

Tribal entities. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

Takings (E.O. 12630) 

In accordance with Executive Order 

12630, BLM finds that the rule does not 

have significant takings implications. 

The proposed rule does not provide for 

forfeiture or derogation of private 

property rights. It merely updates the 

regulations to reflect changes in 

statutory authorities for the BLM 

recreation program covered by the 

regulations. A takings implications 

assessment is not required. 

Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, BLM finds that the rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

The rule does not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The rule does not 

preempt state law. 

Civil Justice Reform (E.O. 12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments. 

In accordance with Executive Order 

13175, we have found that this final rule 

does not include policies that have 

Tribal implications. The rule has no 

effect on Tribal lands, and affect 

member of Tribes only to the extent that 

they use public lands and facilities for 

recreation. The rule merely updates the 

regulations to reflect changes in 

statutory authorities. 

E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

This rule is not a significant energy 

action. It will not have an adverse effect 

on energy supplies. The rule does not 

limit land use by energy companies. It 

applies only to permits for recreational 

use of public lands, how BLM collects 

revenues and applies them to the 

program. 

Paperwork Reduction Act 

These regulations do not contain 

information collection requirements that 

the Office of Management and Budget 

must approve under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501 

et seq. 

National Environmental Policy Act 

BLM has determined that this 

proposed rule updating the recreation 

permit regulations to recognize and 

reflect changes in statutory authorities 

governing the payment and allocation of 

permit fees and the penalties for 

nonpayment is a regulation of an 

administrative, financial, legal, and 

procedural nature. Therefore, it is 

categorically excluded from 

environmental review under section 

102(2)(C) of the National Environmental 

Policy Act, pursuant to 516 

Departmental Manual (DM), Chapter 2, 

Appendix 1. In addition, the proposed 

Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70573 

rule does not meet any of the 10 criteria 

for exceptions to categorical exclusions 

listed in 516 DM, Chapter 2, Appendix 

2. Pursuant to Council on 

Environmental Quality regulations (40 

CFR 1508.4) and the environmental 

policies and procedures of the 

Department of the Interior, the term 

‘‘categorical exclusions’’ means a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and that have been found 

to have no such effect in procedures 

adopted by a Federal agency and for 

which neither an environmental 

assessment nor an environmental 

impact statement is required. Therefore, 

a detailed statement under the National 

Environmental Policy Act of 1969 is not 

required. 

Author 

The principal author of this proposed 

rule is Lee Larson of the Recreation 

Group, Washington Office, BLM, 

assisted by Ted Hudson of the 

Regulatory Affairs Group, Washington 

Office, BLM. 

List of Subjects in 43 CFR Part 2930 

Penalties; Public lands; Recreation 

and recreation areas; Reporting and 

recordkeeping requirements; Surety 

bonds. 

For the reasons explained in the 

preamble, and under the authority of 43 

U.S.C. 1740, we propose to amend 

chapter II, subtitle B of title 43 of the 

Code of Federal Regulations as follows: 

Dated: October 24, 2005. 

Chad Calvert, 

Acting Assistant Secretary of the Interior, 

Land and Minerals Management. 

PART 2930—PERMITS FOR 

RECREATION ON PUBLIC LANDS 

1. The authority citation for part 2930 

is revised to read as follows: 

Authority: 43 U.S.C. 1740; 16 U.S.C. 6802. 

Subpart 2931—Permits for Recreation; 

General 

2. Revise section 2931.3 to read as 

follows: 

§ 2931.3 What are the authorities for these 

regulations? 

The statutory authorities underlying 

the regulations in this part are the 

Federal Land Policy and Management 

Act, 43 U.S.C. 1701 et seq., and the 

Federal Land Recreation Enhancement 

Act, 16 U.S.C. 6801 et seq. 

(a) The Federal Land Policy and 

Management Act (FLPMA) contains the 

Bureau of Land Management’s (BLM’s) 

general land use management authority 

over the public lands, and establishes 

outdoor recreation as one of the 

principal uses of those lands (43 U.S.C. 

1701(a)(8)). Section 302(b) of FLPMA 

directs the Secretary of the Interior to 

regulate through permits or other 

instruments the use of the public lands, 

which includes commercial recreation 

use. Section 303 of FLPMA authorizes 

BLM to promulgate and enforce 

regulations, and establishes the 

penalties for violations of the 

regulations. 

(b) The Federal Land Recreation 

Enhancement Act (REA) authorizes 

BLM to collect fees for recreational use 

in areas meeting certain criteria (16 

U.S.C. 6802(f) and (g)(2)), and to issue 

special recreation permits for group 

activities and recreation events (16 

U.S.C. 6802(h). 

(c) 18 U.S.C. 3571 and 3581 et seq. 

establish sentences of fines and 

imprisonment for violation of 

regulations. 

Subpart 2932—Special Recreation 

Permits for Commercial Use, 

Competitive Events, Organized 

Groups, and Recreation Use in Special 

Areas [Amended] 

3. Amend section 2932.57 by revising 

paragraph (b) to read as follows: 

§ 2932.57 Prohibited acts and penalties. 

* * * * * 

(b) Penalties. (1) If you are convicted 

of any act prohibited by paragraphs 

(a)(2)–(a)(7) of this section, you may be 

subject to a sentence of a fine or 

imprisonment or both for a Class A 

misdemeanor in accordance with 18 

U.S.C. 3571 and 3581 et seq. under the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1733(a)). 

(2) If you are convicted of any act 

prohibited by paragraph (a)(1) of this 

section, you may be subject to a 

sentence of a fine not to exceed $100 for 

the first offense, or a sentence of a fine 

and or imprisonment for a Class A or B 

misdemeanor in accordance with 18 

U.S.C. 3571 and 3581 et seq. for all 

subsequent offenses. 

(3) You may also be subject to civil 

action for unauthorized use of the 

public lands or related waters and their 

resources, for violations of permit terms, 

conditions, or stipulations, or for uses 

beyond those allowed by permit. 

Subpart 2933—Recreation Use Permits 

for Fee Areas 

4. Amend section 2933.33 by revising 

paragraphs (a), (b), and (d) to read as 

follows: 

§ 2933.33 Prohibited acts and penalties. 

(a) Prohibited acts. You must not—

(1) Fail to obtain a use permit or pay 

any fees required by this subpart; 

(2) Violate the stipulations or 

conditions of a permit issued under this 

subpart; 

(3) Fail to pay any fees within the 

time specified; 

(4) Fail to display any required proof 

of payment of fees; 

(5) Willfully and knowingly possess, 

use, publish as true, or sell to another, 

any forged, counterfeited, or altered 

document or instrument used as proof 

of or exemption from fee payment; 

(6) Willfully and knowingly use any 

document or instrument used as proof 

of or exemption from fee payment, that 

BLM issued to or intended another to 

use; or 

(7) Falsely represent yourself to be a 

person to whom BLM has issued a 

document or instrument used as proof 

of or exemption from fee payment. 

(b) Evidence of nonpayment. BLM 

will consider failure to display proof of 

payment on your unattended vehicle 

parked within a fee area, where 

payment is required to be prima facie 

evidence of nonpayment. 

* * * * * 

(d) Types of penalties. You may be 

subject to the following fines or 

penalties for violating the provisions of 

this subpart: 

If you are convicted of * * * then you may be subject to * * * under * * * 

(1) Any act prohibited by paragraph (a)(4), (5), 

or (6) of this section.

A sentence of a fine and/or imprisonment for 

a Class A misdemeanor in accordance with 

18 U.S.C. 3571 and 3581 et seq.

The Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1733(a)). 

(2) Violating any regulation in this subpart or 

any condition of a Recreation Use Permit.

A sentence of a fine and/or imprisonment for 

a Class A misdemeanor in accordance with 

18 U.S.C. 3571 and 3581 et seq.

The Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1733(a)). 

70574 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

If you are convicted of * * * then you may be subject to * * * under * * * 

(3) Any act prohibited by paragraph (a)(1), (2), 

or (3) of this section.

A fine not to exceed $100 for the first offense, 

or a sentence of a fine and/or imprisonment 

for a Class A or B misdemeanor in accordance with 18 U.S.C. 3571 and 3581 et seq. 

for all subsequent offenses.

The Federal Lands Recreation Enhancement 

Act (16 U.S.C. 6811). 

[FR Doc. 05–23113 Filed 11–21–05; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 162 

[CMS–0050–N] 

RIN 0938–AK62 

HIPAA Administrative Simplification: 

Standards for Electronic Health Care 

Claims Attachments; Extension of 

Comment Period 

ACTION: Notice of extension of comment 

period for proposed rule. 

SUMMARY: This notice extends the 

comment period for a proposed rule 

published in the Federal Register on 

September 23, 2005 (70 FR 55990) that 

would recommend the adoption of a set 

of standards to facilitate the electronic 

exchange of clinical and administrative 

data to further improve the claims 

adjudication process when additional 

documentation is required. Due to the 

very technical nature of this rule, the 

industry is asking for additional time to 

conduct a more comprehensive and 

thorough review in order to provide 

comments to the Standards 

Development Organizations as well as to 

CMS. The comment period is extended 

for 60 days. 

DATES: The comment period is extended 

to 5 p.m. on January 23, 2006. 

ADDRESSES: In commenting, please refer 

to file code CMS–0050–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in the September 23, 2005 proposed rule 

to http://www.cms.hhs.gov/regulations/ 

ecomments. (Attachments should be in 

Microsoft Word, WordPerfect, or Excel; 

however, we prefer Microsoft Word.) 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–0050–

P, P.O. Box 8014, Baltimore, MD 21244–

8014. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments (one 

original and two copies) to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–0050–P, Mail Stop C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to one of the following 

addresses. If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786–

7195 in advance to schedule your 

arrival with one of our staff members. 

Room 445–G, Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201; or, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

(Because access to the interior of the 

HHH Building is not readily available to 

persons without Federal Government 

identification, commenters are 

encouraged to leave their comments in 

the CMS drop slots located in the main 

lobby of the building. A stamp-in clock 

is available for persons wishing to retain 

a proof of filing by stamping in and 

retaining an extra copy of the comments 

being filed.) 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Lorraine Doo, 410–786–6597. 

Submitting Comments: We welcome 

comments from the public on all issues 

set forth in the September 23, 2005 

proposed rule to assist us in fully 

considering issues, developing policies 

and adopting standards. You can assist 

us by referencing the file code CMS–

0050–P and the specific ‘‘issue 

identifier’’ that precedes the section on 

which you choose to comment. 

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. CMS posts all comments 

received before the close of the 

comment period on its public Web site 

as soon as possible after they have been 

received. Comments received timely 

will be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, Maryland 21244, Monday 

through Friday of each week from 8:30 

a.m. to 4 p.m. To schedule an 

appointment to view public comments, 

phone 1–800–743–3951. 

SUPPLEMENTARY INFORMATION: On 

September 23, 2005, we published a 

proposed rule in the Federal Register 

(70 FR 55990) that would recommend 

the adoption of a set of standards to 

facilitate the electronic exchange of 

clinical and administrative data to 

further improve the claims adjudication 

process when additional documentation 

is required. This rule proposes two 

X12N transaction standards: One to 

request the information, and one to 

respond to that request with the answer 

or additional information. This rule also 

proposes the use of Health Level 7 (HL7) 

specifications for the content and format 

of communicating the actual clinical 

information. Finally, this rule proposes 

the adoption of the Logical Observation 

Identifiers, Names and Codes or 

LOINC for specific identification of the 

additional information being requested, 

and the coded answers that respond to 

the requests. Due to the highly technical 

nature of the materials, and the size 

(length) of the technical documents 

being reviewed, we want to provide 

additional time for the industry to 

review and comment upon all of the 

technical documents (implementation 

guides, specifications, code sets, 

modifiers), and the policies proposed in 

the September 23, 2005 proposed rule. 

Due to the complexity of this 

proposed rule, the length of time