Notices. Notice of the withholding of certain offset distributions for Fiscal Year 2006 and subsequent years

6,582 words·~30 min read·/register/2006/09/28/06-8334

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Notice of Withholding of Certain Distributions on Continued Dumping and Subsidy Offset to Affected Domestic Producers AGENCY: Customs and Border Protection, Department of Homeland Security. ACTION: Notice of the withholding of certain offset distributions for Fiscal Year 2006 and subsequent years. SUMMARY: This document notifies the public that Customs and Border Protection (CBP), consistent with the Court of International Trade's recent decision in *Canadian Lumber Trade Alliance et al.* v. *United States,* will be withholding distributions under the Continued Dumping and Subsidy Offset Act of 2000 that derive from antidumping and countervailing duties assessed on goods from Canada or Mexico.

Fiscal year 2006 CDSOA distributions that derive from antidumping or countervailing duties on other than Canadian or Mexican goods are not affected. DATES: *Effective Date:* September 28, 2006. FOR FURTHER INFORMATION CONTACT: Leigh Redelman, Revenue Division, Programs Branch, Office of Finance,

(317)614-4462. SUPPLEMENTARY INFORMATION: Background The Court of International Trade

(CIT)held in *Canadian Lumber Trade Alliance et al.* v. *United States,* Slip Op. 06-48 (April 7, 2006) (CLTA I) and Slip Op. 06-104 (July 14, 2006) (CLTA II), that pursuant to Section 408 of the North American Free Trade Agreement Implementation Act (codified at 19 U.S.C. 3438), the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA) (codified at 19 U.S.C. 1675c) does not apply to antidumping and countervailing duties assessed on imports of goods from Canada or Mexico. Specifically, the CIT held in CLTA I that the Commissioner of Customs and Border Protection

(CBP)“has no authority either under an Act of Congress or under the Constitution” to make distributions that derive from antidumping and countervailing duties assessed on goods from Canada or Mexico, and that the Commissioner's actions in having previously distributed such funds were “ultra vires and therefore unlawful.” Consequently, pending the outcome of any appeal, CBP will withhold fiscal year 2006 and subsequent years' CDSOA distributions to the extent they derive from duties assessed pursuant to countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921, on imports of goods from Canada or Mexico. Any funds inadvertently distributed under these cases for fiscal year 2006 or subsequent years will be subject to immediate recovery under applicable statutes and regulations, including 19 CFR 159.64. Fiscal year 2006 CDSOA distributions that derive from antidumping or countervailing duties on other than Canadian or Mexican goods will be made in accordance with established procedures in accordance with the “Notice of intent to distribute offset for Fiscal Year 2006,” as published in the **Federal Register** (71 FR 31336) on June 1, 2006. Dated: September 22, 2006. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E6-15886 Filed 9-27-06; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection [Docket No. USCBP-2006-0116] Notice of Meeting of The Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions

(COAC)AGENCY: U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Notice of meeting. SUMMARY: The Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (popularly known as “COAC”) will meet in open session. DATES: Thursday, November 9, 2006, 9 a.m. to 1 p.m. ADDRESSES: The meeting will be held at U.S. Customs and Border Protection, Office of Field Operations, One Penn Plaza, Suite 1100, New York, NY. If you desire to submit comments, they must be submitted by November 2, 2006. Comments must be identified by USCBP-2006-0116 and may be submitted by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* *traderelations@dhs.gov.* Include docket number in the subject line of the message. • *Mail:* Ms. Wanda Tate, Office of Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229. • *Facsimile:* 202-344-1969. *Instructions:* All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at *http://www.regulations.gov* , including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the COAC, go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Ms. Wanda Tate, Office of Trade Relations, Customs and Border Protection, Department of Homeland Security, Washington, DC 20229, telephone 202-344-1440; facsimile 202-344-1969. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act (5 U.S.C. App. 1 *et seq.* ), DHS hereby announces the meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC). COAC is tasked with providing advice to the Secretary of Homeland Security, the Secretary of the Treasury, and the Commissioner of Customs and Border Protection

(CBP)on matters pertaining to the commercial operations of CBP and related functions within DHS or the Department of Treasury. The eighth meeting of the ninth term of COAC will be held at the date, time and location specified above. A tentative agenda for the meeting is set forth below. The meeting is open to the public. 1 However, participation in COAC deliberations is limited to COAC members, Homeland Security and Treasury Department officials, and persons invited to attend the meeting for special presentations. Since seating is limited, all persons attending this meeting should provide notice, preferably by close of business Thursday, November 2, 2006, to Ms. Wanda Tate, Office of Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229, telephone 202-344-1440; facsimile 202-344-1969. 1 Upon entry into One Penn Plaza, a photo identification must be presented to the security guards. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Wanda Tate as soon as possible. Tentative Agenda 1. Introductory Remarks. 2. Technology. 3. C-TPAT (Customs-Trade Partnership Against Terrorism). 4. CSI (Container Security Initiative). 5. Collection of Additional Data Elements for Cargo Security. 6. Office of Trade. 7. Port Security Legislation. Dated: September 21, 2006. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E6-15784 Filed 9-27-06; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1659-DR] New Mexico; Amendment No. 3 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of New Mexico (FEMA-1659-DR), dated August 30, 2006, and related determinations. DATES: *Effective Date:* September 22, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of New Mexico is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of August 30, 2006: McKinley County for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Under Secretary for Federal Emergency Management and Director of FEMA. [FR Doc. E6-15930 Filed 9-27-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5041-N-36] Notice of Proposed Information Collection: Comment Request; Multifamily Housing Service Coordinator Program AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* November 27, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8001, Washington, DC 20410 or *Lillian_Deitzer@hud.gov.* FOR FURTHER INFORMATION CONTACT: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone

(202)708-3000 (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Multifamily Housing Service Coordinator Program. *OMB Control Number, if applicable:* 2502-0447. *Description of the need for the information and proposed use:* HUD evaluates the grant applications (SF-424 and related documents) for the need and proposed use of grant funds and owners' ability to administer awarded funds of the Multifamily Housing Service Coordinator Program. HUD staff will use requests for extensions to evaluate anticipated program costs and the continued need for the program. The semi-annual Performance Reports will be used to determine how well grant funds met stated program goals. Grantees will also be able to retain data on the effectiveness of the program and how well the public was served. The Payment Voucher is used to monitor grant funds for eligible costs over the term of the grant, and the granted may similarly use this voucher to track and record their requests for payment reimbursement for grant-funded expenses. *Agency form numbers, if applicable:* HUD-92456, HUD-50080-SCMF, HUD-91186, SF-269-A, SF-424, SF-424-Supp, HUD-2880, SF-LLLH, HUD-96010, and HUD-91186-A. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The number of respondents is 3,200, the frequency of responses is quarterly, semi-annually, and annually, for a total of 17,210 total annual responses. The estimated time to prepare collection varies from 15 minutes to 40 hours, for a total of 40,800 annual burden hours. *Status of the proposed information collection:* This is a revision of a currently approved information collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: September 22, 2006. Frank L. Davis, General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E6-15882 Filed 9-27-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5041-N-35] Notice of Proposed Information Collection: Comment Request; Owner of Record and Re-Sale Data to Preclude Predatory Lending Practices (Property Flipping) on FHA Insured Mortgages AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* November 27, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8001, Washington, DC 20410, or *Lillian_Deitzer@hud.gov.* FOR FURTHER INFORMATION CONTACT: Meg Burns, Director, Office of Single Family Program Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone

(202)708-2121 (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Owner of Record and Re-sale Data to Preclude Predatory Lending Practices (Property Flipping) on FHA Insured Mortgages. *OMB Control Number, if applicable:* 2502-0547. *Description of the need for the information and proposed use:* HUD is committed to preventing predatory sales practices. To do so, it will not insure mortgages on properties re-sold within 90 days and will require that only the owner-of-record be permitted to sell the property if FHA will insure the subsequent mortgage. Lenders will be required to provide evidence of the date of the last resale and the date it occurred. If the resale exceeds area price thresholds established by FHA, FHA requires an additional appraisal to establish value. *Agency form numbers, if applicable:* None. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of hours needed to prepare the information collection is 19,000; the number of respondents is 514,000 generating approximately 514,000 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the response is less than 1 minute for clerical data and 1 hour for appraisal review. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: September 22, 2006. Frank L. Davis, General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E6-15884 Filed 9-27-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Office of the Secretary Exxon Valdez Oil Spill Trustee Council; Notice of Meeting AGENCY: Office of the Secretary, Department of the Interior. ACTION: Notice of meeting. SUMMARY: The Department of the Interior, Office of the Secretary is announcing a public meeting of the *Exxon Valdez* Oil Spill Public Advisory Committee. DATES: October 18, 2006, at 8:30 a.m. ADDRESSES: Exxon Valdez Oil Spill Trustee Council Office, 441 West 5th Avenue, Suite 500, Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Douglas Mutter, Department of the Interior, Office of Environmental Policy and Compliance, 1689 C Street, Suite 119, Anchorage, Alaska 99501,

(907)271-5011. SUPPLEMENTARY INFORMATION: The Public Advisory Committee was created by Paragraph V.A.4 of the Memorandum of Agreement and Consent Decree entered into by the United States of America and the State of Alaska on August 27, 1991, and approved by the United States District Court for the District of Alaska in settlement of *United States of America* v. *State of Alaska* , Civil Action No. A91-081 CV. The meeting agenda will include review and recommendations on the draft fiscal year 2007 work plan, an update on the injured resources and services list, an update on the herring restoration effort, and an orientation for new Public Advisory Committee members. Willie R. Taylor, Director, Office of Environmental Policy and Compliance. [FR Doc. E6-15920 Filed 9-27-06; 8:45 am] BILLING CODE 4310-RG-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Approved Recovery Plan for the Hungerford's Crawling Water Beetle AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce availability of the approved recovery plan for the Hungerford's crawling water beetle ( *Brychius hungerfordi* ), a species that is federally listed as endangered under the Endangered Species Act of 1973, as amended (Act). ADDRESSES: You may obtain a copy of the recovery plan by any of the following means: 1. *World Wide Web:* *http://midwest.fws.gov/endangered* ; or 2. *U.S. mail or in-person pickup:* Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services Field Office, 2651 Coolidge Road, Suite 101, East Lansing, MI 48823-6316. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Tansy, by U.S. mail (see ADDRESSES ), or by telephone at

(517)351-2555, extension 289. TTY users may contact Ms. Tansy through the Federal Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: Background Recovery of endangered or threatened animals or plants is a primary goal of our endangered species program. Recovery plans describe actions considered necessary for the conservation of the species, establish criteria for delisting species, and provide estimates of the time and cost for implementing the measures needed for recovery. The Act (16 U.S.C. 1531 *et seq.* ) requires the development of recovery plans for listed species, unless such a plan would not promote the conservation of a particular species. Section 4(f) of the Act, as amended in 1988, requires that we provide public notice and opportunity for public review and comment during recovery plan development. We announced availability of our draft recovery plan in the **Federal Register** on August 6, 2004 (69 FR 47950) and requested public comments. The comment period closed on September 7, 2004. In our preparation of the approved recovery plan, we considered information provided to us during the comment period, and we have summarized this information in an appendix to the recovery plan. A new population of the species was discovered since the publication of our draft plan in 2004. However, the information about this new population has resulted in only a slight shift in our recovery strategy for the species. Hungerford's crawling water beetle was listed as endangered on March 7, 1994 (59 FR 10580). At the time of listing, this species was known to occur in only three streams—two in Michigan and one in Ontario, Canada. Since then, the species has been discovered in three additional streams in northern Michigan. The distribution of this species prior to its discovery in 1952 is not known. Currently, only one stream is known to support a large population of the species. Hungerford's crawling water beetle is an aquatic species that is found in areas of streams with good aeration, moderate to fast flow, inorganic substrate, and alkaline water conditions, often downstream from culverts, beaver and natural debris dams, and human-made impoundments. Very little information is available on the life history and habitat requirements of this species. Threats appear to be related to habitat alteration and degradation of water quality, and may include habitat modification, certain fish management activities, and human disturbance. Factors limiting the species' distribution are not known. The small populations and limited distribution of Hungerford's crawling water beetle make it vulnerable to chance demographic and environmental events. The recovery plan recommends research to examine important components of the species' biology and ecology that will contribute to the recovery program. The objective of the recovery plan is to provide a framework for the recovery of Hungerford's crawling water beetle so that protection by the Act is no longer necessary. We may consider Hungerford's crawling water beetle for reclassification from Endangered to Threatened status when the likelihood of the species becoming extinct in the foreseeable future has been eliminated by achievement of the following interim criteria:

(1)Life history, ecology, population biology, and habitat requirements are understood well enough to fully evaluate threats; and

(2)a minimum of five U.S. populations, in at least three different watersheds, have had stable or increasing populations for at least 10 years, and at least one population is considered viable. We will consider Hungerford's crawling water beetle for delisting when the likelihood of the species becoming threatened in the foreseeable future has been eliminated by the achievement of the following interim criteria:

(1)Habitat necessary for long-term survival and recovery has been identified and conserved; and

(2)a minimum of five U.S. populations, in at least three different watersheds, are sufficiently secure and adequately managed to assure long-term viability. The recovery criteria are interim because further research is needed to make them fully measurable. As new information about the species becomes available, and if new populations of the species are discovered, the recovery criteria will be revised. Additional details on downlisting and delisting criteria are available in the recovery plan. We will meet these criteria through the following actions:

(1)Conserve known sites;

(2)conduct scientific research to facilitate recovery;

(3)conduct additional surveys and monitor existing sites;

(4)develop and implement public education and outreach;

(5)revise recovery criteria and recovery tasks, as appropriate, based on research and new information; and

(6)develop a plan to monitor *B. hungerfordi* after it is delisted. Authority: The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f). Dated: September 15, 2006. Wendi Weber, Assistant Regional Director, Ecological Services, Region 3, Fort Snelling, Minnesota. [FR Doc. E6-15795 Filed 9-27-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Revised Recovery Plan for Hawaiian Forest Birds AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of document availability. SUMMARY: The U.S. Fish and Wildlife Service (“we”) announces the availability of the Revised Recovery Plan for Hawaiian Forest Birds. There are 21 bird taxa included in this revised recovery plan; 19 are listed as endangered, 1 is a candidate species for Federal listing, and 1 is a species of concern. These taxa represent four bird families, with the majority being Hawaiian Honeycreepers (subfamily Drepanidinae, family Fringillidae). This is a new recovery plan for two of the listed birds, the O'ahu 'elepaio ( *Chasiempsis sandwichensis ibidis* ) and O‘ahu 'a lauahio ( *Paroreomyza maculata* ). ADDRESSES: Printed copies of this revised recovery plan will be available in 4 to 6 weeks by request from the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Box 50088, Honolulu, Hawaii 96850 (telephone: 808-792-9400; fax: 808-792-9580); and the Hawaii State Library, 478 S. King Street, Honolulu, Hawaii 96813. An electronic copy of the revised recovery plan is now available online at: *http://endangered.fws.gov/recovery/index.html#plans.* FOR FURTHER INFORMATION CONTACT: Marilet A. Zablan, Endangered Species Recovery Program Leader, Pacific Islands Fish and Wildlife Office, at 808-792-9400. SUPPLEMENTARY INFORMATION: Background Restoring endangered or threatened animals and plants to the point where they are again secure, self-sustaining members of their ecosystems is a primary goal of our endangered species program. The Endangered Species Act (16 U.S.C. 1531 *et seq.* )

(ESA)requires the development of recovery plans for listed species unless such a plan would not promote the conservation of a particular species. Recovery plans help guide the recovery effort by describing actions considered necessary for the conservation of the species, establishing criteria for downlisting or delisting listed species, and estimating time and cost for implementing the measures needed for recovery. Section 4(f) of the ESA requires that public notice and an opportunity for public review and comment be provided during recovery plan development. In fulfillment of this requirement, the Draft Revised Recovery Plan for Hawaiian Forest Birds was available for public comment from October 16 through December 15, 2003 (68 FR 59635). Information presented during the public comment period has been considered in the preparation of this revised recovery plan, and is summarized in the appendix to the plan. We will forward substantive comments regarding recovery plan implementation to appropriate Federal or other entities so that they can take these comments into account during the course of implementing recovery actions. Of the 21 birds addressed by this revised recovery plan, the 19 federally listed as endangered are: O'ahu 'elepaio, ka ma'ó or large Kaua'i thrush ( *Myadestes myadestinus* ), oloma'o or Moloka'i thrush ( *Myadestes lanaiensis rutha* ), puaiohi or small Kaua'i thrush ( *Myadestes palmeri* ), Kaua'i 'o 'o ( *Moho braccatus* ), 'o 'u ( *Psittirostra psittacea* ), palila ( *Loxioides bailleui* ), Maui parrotbill ( *Pseudonestor xanthophrys* ), Kaua'i 'akialoa ( *Hemignathus procerus* ), Kaua'i nukupu'u ( *Hemignathus lucidus hanapepe* ), Maui nukupu'u ( *Hemignathus lucidus affinis* ), 'akiapo la 'au ( *Hemignathus munroi* ), Hawai'i creeper ( *Oreomystis mana* ), O'ahu 'a lauahio or O'ahu creeper, 'o 'o 'a 'a or ka ka wahie or Moloka'i creeper ( *Paroreomyza flammea* ), Hawai'i 'a kepa ( *Loxops coccineus coccineus* ), Maui 'a kepa ( *Loxops coccineus ochraceus* ), 'a kohekohe or crested honeycreeper ( *Palmeria dolei* ), and po 'ouli ( *Melamprosops phaeosoma* ). The candidate species is the 'akikiki or Kaua'i creeper ( *Oreomystis bairdi* ), and the species of concern is the Bishop’s 'o 'o ( *Moho bishopi* ). These taxa and their habitats have been variously affected or are currently threatened by one or more of the following: habitat degradation by wild, feral, or domestic animals (pigs, goats, and deer); predation by introduced animals (rats, cats, and mongoose); avian disease (malaria and avian pox); habitat loss due to agriculture, ranching, forest cutting, and urbanization; and habitat modification due to the invasion of nonnative plants. In addition, due to the small number of existing individuals and their very narrow distribution, these taxa are subject to an increased likelihood of extinction from random, naturally-occurring events such as hurricanes. The objective of this revised recovery plan is to ensure the long-term conservation and recovery of these 21 taxa of Hawaiian forest birds, and to enable the eventual delisting of the 19 listed as endangered. This recovery will be accomplished through a variety of recovery actions including: measures to protect habitat where the taxa occur, restoration of degraded habitat, removal of feral ungulates from habitat areas, control of introduced rodents and feral cats that feed on forest birds, control of invasive plant species, reduction in numbers of mosquito breeding sites, captive propagation and translocation, and the development of means to address threats of avian disease. Management emphasis may differ among species, as taxa are affected differently and to varying degrees by different limiting factors. Habitat management and restoration will encourage the expansion of current populations into unoccupied habitat. However, the establishment of new populations using various translocation and/or captive propagation techniques will be needed in some cases to accelerate population expansion and to establish new populations in suitable habitat. Authority: The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f). Dated: August 15, 2006. Carolyn A. Bohan, Acting Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. E6-15956 Filed 9-27-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Lake Champlain Sea Lamprey Control Alternatives Workgroup AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: We, the Fish and Wildlife Service (Service), announce a meeting of the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup). The Workgroup's purpose is to provide, in an advisory capacity, recommendations and advice on research and implementation of sea lamprey control techniques alternative to lampricide that are technically feasible, cost effective, and environmentally safe. Primary objectives of the meeting will be to identify research initiatives that may enhance alternative sea lamprey control techniques, and to explore the significance of larval sea lamprey populations that occur in delta habitats rather than stream habitats. The meeting is open to the public. DATES: The Lake Champlain Sea Lamprey Control Alternatives Workgroup will meet on Wednesday, October 25, 2006, from 5 p.m. to 8 p.m. ADDRESSES: We will hold the meeting at ECHO at the Leahy Center for Lake Champlain, 1 College Street, Burlington, Vermont; telephone

(802)864-1848. FOR FURTHER INFORMATION CONTACT: Dave Tilton, Designated Federal Officer, Lake Champlain Sea Lamprey Control Alternatives Workgroup, Lake Champlain Fish and Wildlife Resources Office, U.S. Fish and Wildlife Service, 11 Lincoln Street, Essex Junction, VT 05452. Telephone:

(802)872-0629 SUPPLEMENTARY INFORMATION: We publish this notice under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.). The Workgroup's Specific responsibilities are to provide advice regarding the implementation of sea lamprey control methods alternative to lampricides, to recommend priorities for research to be conducted by cooperating organizations and demonstration projects to be developed and funded by State and Federal agencies, and to assist Federal and State agencies with the coordination of alternative sea lamprey control research to advance the state of the science in Lake Champlain and the Great Lakes. Dated: September 8, 2006. David A. Tilton, Designated Federal Officer, Fish and Wildlife Service. [FR Doc. E6-15950 Filed 9-27-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Availability of the Record of Decision for the Right-of-Way Applications Filed by Private Fuel Storage, L.L.C., for an Independent Spent Fuel Storage Installation on the Reservation of the Skull Valley Band of Goshute Indians and the Related Transportation Facility in Tooele County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability of Record of Decision. SUMMARY: The Bureau of Land Management

(BLM)has signed a Record of Decision

(ROD)concerning two right-of-way applications filed by Private Fuel Storage (PFS), L.L.C, for an independent spent fuel storage installation on reservation lands of the Skull Valley Band of Goshute Indians (Band or Skull Valley Band). The installation is described in an Environmental Impact Statement

(EIS)prepared by the Nuclear Regulatory Commission (NRC), entitled “Final Environmental Impact Statement for the Construction and Operation of an Independent Spent Fuel Storage Installation on the Reservation of the Skull Valley Band of Goshute Indians and the Related Transportation Facility in Tooele County, Utah (December 2001).” Spent nuclear fuel (SNF), the focus of the EIS, is the primary by-product from a nuclear reactor. As proposed, the fuel would be transported from an existing Union Pacific railroad site to the Reservation of the Skull Valley Band in Tooele County, Utah. The applications seek right-of-way grants under Title V of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1761, to transport SNF across public lands managed by the BLM. The BLM was a cooperating agency in the preparation of this EIS, as were the Bureau of Indian Affairs (BIA), U.S. Department of the Interior, and the U.S. Surface Transportation Board. This EIS is available online at *http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1714/v1/.* Additional comments were received by the BLM following its publication on February 7, 2006, of a **Federal Register** notice at 71 FR 6286 requesting comments on the two right-of-way applications then pending before the agency. The BLM ROD is based on review of the draft EIS; the FEIS; comments received from the public, other Federal agencies, and State and local governments; and discussion of all the alternatives with the cooperating agencies. The BLM decision is to choose the No Action alternative from the EIS. The effect of this decision is to reject applications U 76985 and U 76986 for right-of-way grants filed by PFS, L.L.C. FOR FURTHER INFORMATION CONTACT: Jim Hughes; Deputy Director, Bureau of Land Management; 1849 C St., NW., Washington, DC 20240; Telephone:

(202)208-3801. ADDRESSES: Copies of the Record of Decision are available from Jim Hughes; Deputy Director, Bureau of Land Management; 1849 C St., NW., Washington, DC 20240. SUPPLEMENTARY INFORMATION: Cedar Mountain Wilderness Area On January 6, 2006, after publication of the project's EIS in December 2001, President Bush signed Public Law 109-163, the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3136). Section 384 of this Act designated certain lands as wilderness, to be known as the Cedar Mountain Wilderness Area, and added these lands to the National Wilderness Preservation System. The Cedar Mountain Wilderness Area includes lands described in PFS's application U 76985 seeking a right-of-way for a rail line (which had been the preferred Alternative of the EIS). The effect of this wilderness designation is to preclude the BLM's issuance of a right-of-way grant authorizing a rail line through those lands designated as the Cedar Mountain Wilderness Area. As a practical matter, any rail line would be forced to halt at the boundary of the lands designated as the Cedar Mountain Wilderness Area. The BLM's authority to issue a right-of-way grant for a rail line across the public lands is set forth in Title V of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1761. Section 501(a) of FLPMA provides in part: “The Secretary [of the Interior], with respect to the public lands and, the Secretary of Agriculture, with respect to lands within the National Forest System ( *except in each case land designated as wilderness* ), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for— * * * roads, trails, highways, railroads, * * * or other means of transportation * * * (emphasis added).” Thus, alternatives analyzing transportation by rail were not selected because to grant the right-of-way sought by PFS in application U 76985 would be inconsistent with the purpose for which the BLM manages the public lands and inconsistent with section 501(a) of FLPMA (43 CFR 2804.26(a)(1) and (a)(4)). Skull Valley Road Eliminating the proposed rail line right-of-way application U 76985, the second right-of-way application, was discussed in Alternatives 3 and 4 of the EIS (same basic route using the existing Skull Valley Road to the two different nearby sites on the Reservation). Right-of-way application U 76986 would entail constructing an Intermodal Transfer Facility

(ITF)and rail siding to be built on lands managed by BLM at the existing main Union Pacific rail line near Timpie, Utah, to transfer SNF shipping casks from rail cars to the heavy-haul vehicles, which would then transport the SNF along the existing Skull Valley Road to the site on the Reservation. No rail line would be built under these alternatives, as the sole access is from the Skull Valley Road. Skull Valley Road is an undivided, two-lane public road, one lane in each direction. The BLM issued a right-of-way (U 04240) for this road to the Utah State Road Commission on May 17, 1951. For the BLM's decisional purposes, these alternatives would involve the issuance of a right-of-way grant authorizing the use of public land for the ITF. The EIS indicates that these alternatives were not selected because construction and use of the rail line would have advantages over the use of the ITF. The ITF requires the use of heavy-haul trailers traveling on Skull Valley Road at speeds not to exceed 20 miles per hour. Impacts to local traffic would be difficult to mitigate, impacts which could be entirely avoided by use of the rail line from Skunk Ridge. Also, the ITF would involve additional doses of radiation incurred by workers transferring SNF shipping casks from rail cars to heavy-haul vehicles at the ITF. This additional dosage would also be avoided if the rail option were to be used instead of the ITF option. Thus, alternatives analyzing intermodal transfer facilities were not selected because to grant the right-of-way sought by PFS in application U 76986 based on the existing record would be contrary to the public interest (43 CFR 2804.26(a)(2)). To obtain a copy of the Record of Decision, send a request to the address given in the ADDRESSES section of this notice. Chad Calvert, Acting Assistant Secretary, Land and Minerals Management. [FR Doc. E6-15734 Filed 9-27-06; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR National Park Service Cape Cod National Seashore; South Wellfleet, MA; Cape Cod National Seashore Advisory Commission; Two Hundred Fifty-Eighth Notice of Meeting Notice is hereby given in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, Section 10), that a meeting of the Cape Cod National Seashore Advisory Commission will be held on September 25, 2006. The Commission was reestablished pursuant to Public Law 87-126 as amended by Public Law 105-280. The purpose of the Commission is to consult with the Secretary of the Interior, or her designee, with respect to matters relating to the development of Cape Cod National Seashore, and with respect to carrying out the provisions of sections 4 and 5 of the Act establishing the Seashore. The Commission members will meet at 1 p.m. in the meeting room at Headquarters, Marconi Station, Wellfleet, Massachusetts for the regular business meeting to discuss the following: 1. Adoption of Agenda 2. Approval of Minutes of Previous Meeting (April 10, 2006) 3. Reports of Officers 4. Reports of Subcommittees 5. Superintendent's Report Update on Dune Shacks and Report ORV's and Piping Plover nesting impact Herring River Restoration Project Hunting EIS Wind Turbines/Cell Towers Highlands Center Update News from Washington 6. Old Business 7. New Business 8. Date and agenda for next meeting 9. Public comment and 10. Adjournment The meeting is open to the public. It is expected that 15 persons will be able to attend the meeting in addition to Commission members. Interested persons may make oral/written presentations to the Commission during the business meeting or file written statements. Such requests should be made to the park superintendent at least seven days prior to the meeting. Further information concerning the meeting may be obtained from the Superintendent, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667. Dated: August 24, 2006. George E. Price, Jr., Superintendent. [FR Doc. E6-15964 Filed 9-27-06; 8:45 am] BILLING CODE 4310-WV-P DEPARTMENT OF THE INTERIOR National Park Service Flight 93 National Memorial Advisory Commission Meeting AGENCY: National Park Service, Interior. ACTION: Notice of October 7, 2006 meeting. SUMMARY: This notice sets forth the date of the October 7, 2006 meeting of the Flight 93 Advisory Commission. DATES: The public meeting of the Advisory Commission will be held on Saturday, October 7, 2006 from 3 p.m. to 4:30 p.m. Additionally, the Commission will attend the Flight 93 Memorial Task Force meeting the same day from 1 p.m. to 2:30 p.m., which is also open to the public. *Location:* The meeting will be held at the Somerset County Courthouse, Courtroom #1; 2nd floor; 111 East Union Street, Somerset, Pennsylvania, 15501. The Flight 93 Memorial Task Force meeting will be held in the same location. Agenda The October 7, 2006 Commission meeting will consist of:

(1)Opening of Meeting and Pledge of Allegiance.

(2)Review and Approval of Minutes from July 29, 2006.

(3)Reports from the Flight 93 Memorial Task Force and National Park Service. Comments from the public will be received after each report and/or at the end of the meeting.

(4)Old Business.

(5)New Business.

(6)Public Comments.

(7)Closing Remarks. FOR FURTHER INFORMATION CONTACT: Joanne M. Hanley, Superintendent, Flight 93 National Memorial, 109 West Main Street, Somerset, PA 15501, 814.443.4557. SUPPLEMENTARY INFORMATION: The meeting will be open to the public. Any member of the public may file with the Commission a written statement concerning agenda items. Address all statements to: Flight 93 Advisory Commission, 109 West Main Street, Somerset, PA 15501. Dated: August 29, 2006. Joanne M. Hanley, Superintendent, Flight 93 National Memorial. [FR Doc. 06-8334 Filed 9-27-06; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code

CFR