Notices. Notice
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/register/2006/12/12/06-9645A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG 2006-25522] Exercise of Authority To Require Pilots To Submit Results of Annual Chemical Test for Dangerous Drugs and Extension of Deadline for Pilots To Submit Most Recent Annual Physical Examination ACTION: Notice. SUMMARY: By this notice, the Coast Guard is exercising authority currently set forth in Coast Guard regulations to require all first class pilots on vessels greater than 1600 gross registered tons (GRT), and other individuals who “serve as” pilots on certain types of vessels greater than 1600 GRT, to provide the passing results of their annual chemical test for dangerous drugs to the Coast Guard, subject to certain exceptions.
In addition, the Coast Guard is extending the deadline for pilots to submit the most recent copy of their annual physical examination. FOR FURTHER INFORMATION CONTACT: Mr. Stewart A. Walker, National Maritime Center. Phone: 202-493-1022, e-mail: *Stewart.A.Walker@uscg.mil* DATES: Unless excepted under 46 CFR 16.220(c), each pilot must do the following: Submit the passing results of his or her most recent annual chemical test for dangerous drugs to the Coast Guard on or before April 11, 2007; submit the passing results of his or her annual chemical test for dangerous drugs to the Coast Guard no later than 30 calendar days after receiving the results of the test; and undergo a chemical test for dangerous drugs annually within 30 calendar days of the anniversary date of the individual's most recent chemical test for dangerous drugs.
In addition, the Coast Guard is extending the deadline for pilots to submit a copy of their most recent physical examinations until April 11, 2007. This information was initially requested to be submitted to the Coast Guard no later than December 27, 2006 in a **Federal Register** notice published on September 28, 2006 at 71 FR 56999. SUPPLEMENTARY INFORMATION: On September 28, 2006, the Coast Guard provided notice that it is exercising its authority to require first class pilots on vessels greater than 1600 GRT, and those individuals who “serve as” pilots in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT, to submit copies of their annual physical examinations to the Coast Guard. 71 Fed. Reg. 56999. Copies of that notice, as well as this notice are available electronically by searching for docket number USCG-2006-25522 at *http://dms.dot.gov.* The purpose of the physical examination notice was to implement the recommendation made by the National Transportation Safety Board (NTSB), in their report on the 2003 allision of the Staten Island Ferry ANDREW J. BARBERI, that the Coast Guard require submission of annual pilot physicals. This notice is a continuation of the Coast Guard's efforts to fully implement the NTSB's recommendation. Coast Guard regulations require that, unless excepted under 46 CFR 16.220(c), each pilot who is required to complete an annual physical examination must also pass a chemical test for dangerous drugs, and that he or she must submit the passing (i.e. negative) results of the chemical test to the Coast Guard when applying for license renewal, or when requested by the Coast Guard. 46 CFR 16.220(b). This includes first class pilots on vessels greater than 1600 GRT, and those individuals who “serve as” pilots in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT. Individuals who “serve as” pilots on vessels of not more than 1600 GRT are not required to complete an annual physical or pass an annual chemical test for dangerous drugs. Positive results of any Coast Guard required chemical test must be reported to the Coast Guard under other existing regulatory authority in 46 CFR part 16. In accordance with 46 CFR 16.220(c), individuals are excepted from the chemical test requirements if they provide satisfactory evidence that they have:
(1)Passed a chemical test for dangerous drugs required by 46 CFR part 16 within the previous six months with no subsequent positive chemical tests during the remainder of the six-month period; or
(2)during the previous 185 days been subject to a random testing program required by 46 CFR 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required pursuant to 46 CFR part 16. This notice serves as the request, pursuant to the authority set forth in 46 CFR 16.220(b), that all first class pilots on vessels greater than 1600 GRT, and all other individuals who “serve as” pilots in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT, provide the passing results of their annual chemical tests for dangerous drugs to the Coast Guard, unless they provide satisfactory evidence that they have met the exceptions stated in 46 CFR 16.220(c). This information should be submitted to the Regional Examination Center
(REC)which issued the mariner's license. The Coast Guard may initiate appropriate administrative action, up to and including suspension or revocation of the mariner's credential in accordance with 46 CFR part 5, if any licensed pilot serves as a first class pilot on vessels greater than 1600 GRT, or any other individual who “serves as” a pilot in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT, fails to submit the results of his or her annual chemical test for dangerous drugs or satisfactory evidence that he or she has met the exceptions in 46 CFR 16.220(c). Individuals with pilot licenses, pilot endorsements, master licenses and mate licenses (and individuals applying for those credentials) who do not serve as first class pilots on vessels greater than 1600 GRT, and do not otherwise “serve as” pilots in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT, do not need to submit the passing results of an annual chemical test for dangerous drugs pursuant to 46 CFR 16.220(b); however, they must do so before serving as first class pilots on vessels greater than 1600 GRT, or before otherwise “serving as” pilots in accordance with 46 CFR 15.812(b)(3) &
(c)on vessels greater than 1600 GRT. In addition, in response to the notice published September 28, 2006 referenced above, the Coast Guard received a number of requests to extend the initial deadline of December 27, 2006 for pilots to submit a copy of their most recent physical examination in order to provide more time for compliance. The Coast Guard agrees and is extending the deadline to April 11, 2007. Dated: December 5, 2006. L.W. Thomas, Acting Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E6-21017 Filed 12-11-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-920-1320-EL] Powder River Regional Coal Team Activities: Notice of Public Meeting in Casper, WY AGENCY: Bureau of Land Management, Interior. ACTION: Notice of public meeting. SUMMARY: The Powder River Regional Coal Team
(RCT)has scheduled a public meeting for January 18, 2007, to review current and proposed activities in the Powder River Coal Region and to review pending coal lease applications (LBA). DATES: The RCT meeting will begin at 9 a.m. MST on January 18, 2007. The meeting is open to the public. ADDRESSES: The meeting will be held at the Wyoming Oil and Gas Conservation Commission, 2211 King Boulevard, Casper, Wyoming. FOR FURTHER INFORMATION CONTACT: Robert Janssen, Regional Coal Coordinator, BLM Wyoming State Office, Division of Minerals and Lands, 5353 Yellowstone Road, Cheyenne, Wyoming 82009: telephone 307-775-6206 or Rebecca Spurgin, Regional Coal Coordinator, BLM Montana State Office, Division of Resources, 5001 Southgate Drive, Billings, Montana 59101: telephone 406-896-5080. SUPPLEMENTARY INFORMATION: The purpose of the meeting is to discuss pending coal lease by applications (LBA's) in the Powder River Basin as well as other federal coal related actions in the region. Specific coal lease applications and other matters for the RCT to consider include: 1. The Maysdorf II LBA, a new lease application filed by Cordero Mining Co. on September 1, 2006, is adjacent to the Cordero-Rojo mine. Approximately 4,654 acres and 483 million tons of Federal coal are involved. More details will be presented at the meeting. The RCT needs to consider the BLM processing schedule for the Maysdorf II LBA. 2. The Porcupine LBA, a new lease application filed by BTU Western Resources on September 27, 2006, is adjacent to the North Antelope-Rochelle mine. Approximately 5,116 acres and 598 million tons of Federal coal are involved. More details will be presented at the meeting. The RCT needs to consider the BLM processing schedule for the Porcupine LBA. 3. The BLM is doing a coal review study in the Powder River Basin. The results of this review will be used in the preparation of coal related NEPA documents in the Powder River coal region. The RCT will be updated on the progress and results of this study. 4. Update on U.S. Geological Survey coal inventory work. 5. The RCT will hear a discussion on coal conversion technologies and projects in Wyoming. 6. Update on BLM land use planning efforts in the Powder River Basin of Wyoming and Montana. 7. Other Coal Lease Applications and issues that may arise prior to the meeting. The RCT may generate recommendation(s) for any or all of these topics and other topics that may arise prior to the meeting date. The meeting will serve as a forum for public discussion on Federal coal management issues of concern in the Powder River Basin region. Any party interested in providing comments or data related to the above pending applications, or any party proposing other issues to be considered by the RCT, may either do so in writing to the State Director (922), BLM Wyoming State Office, P.O. Box 1828, Cheyenne, WY 82003, no later than January 5, 2007, or by addressing the RCT with his/her concerns at the meeting on January 18, 2007. *The draft agenda for the meeting follows:* 1. Introduction of RCT Members and guests. 2. Approval of the Minutes of the April 19, 2006 Regional Coal Team meeting held in Casper, Wyoming. 3. Coal activity since last RCT meeting. 4. Industry Presentations on Lease Applications: —Cordero Mining Co., Antelope II LBA; —BTU Western Resources, Porcupine LBA. 5. BLM presentation on Powder River Basin coal review study. 6. U.S. Geological Survey presentation on Coal Inventory. 7. Presentation by State of Wyoming on coal conversion projects. 8. BLM land use planning efforts. 9. Other pending coal actions and other discussion items that may arise. 10. Discussion of the next meeting. 11. Adjourn. Dated: December 5, 2006. Robert A. Bennett, State Director. [FR Doc. E6-21111 Filed 12-11-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-100-07-0777-XX] Notice of Public Meetings, Northwest Colorado Resource Advisory Council Meetings AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice of public meetings. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management
(BLM)Northwest Colorado Resource Advisory Council
(RAC)will meet as indicated below. DATES: The Northwest Colorado RAC meetings will be held February 22, 2007; May 17, 2007; August 16, 2007; and November 15, 2007. ADDRESSES: The Northwest Colorado RAC meetings will be held February 22, 2007, in Grand Junction, CO, at the Doubletree Hotel, 743 Horizon Drive; May 17, 2007, in Meeker, CO, at the Fairfield Center, 200 Main St.; August 16, 2007, in Kremmling, CO, at the Chamber of Commerce, 203 Park Avenue; and November 15, 2007, in Glenwood Springs, CO, at the Glenwood Springs Community Center, 100 Wulfsohn Road. All Northwest Colorado RAC meetings except the Grand Junction meeting will begin at 8 a.m. and adjourn at approximately 3 p.m., with public comment periods regarding matters on the agenda at 10:30 a.m. and 2 p.m. The Grand Junction meeting will begin at 9 a.m. and adjourn at 4 p.m., with public comment periods regarding matters on the agenda at 11:30 a.m. and 2 p.m. FOR FURTHER INFORMATION CONTACT: Jamie Connell, BLM Glenwood Springs Field Manager, 50629 Hwy. 6&24, Glenwood Springs, CO; telephone 970-947-2800; or David Boyd, Public Affairs Specialist, 50629 Hwy. 6&24, Glenwood Springs, CO, telephone 970-947-2832. SUPPLEMENTARY INFORMATION: The Northwest Colorado RAC advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of public land issues in Colorado. Topics of discussion during Northwest Colorado RAC meetings may include the BLM National Sage Grouse Conservation Strategy, working group reports, recreation, fire management, land use planning, invasive species management, energy and minerals management, travel management, wilderness, wild horse herd management, land exchange proposals, cultural resource management, and other issues as appropriate. These meetings are open to the public. The public may present written comments to the RACs. Each formal RAC meeting will also have time, as identified above, allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Dated: December 5, 2006. Jamie Connell, Glenwood Springs Field Manager, Lead Designated Federal Officer for the Northwest Colorado RAC. [FR Doc. E6-21127 Filed 12-11-06; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UTU76510] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease, Utah November 30, 2006. AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: In accordance with Title IV of the Federal Oil and Gas Royalty Management Act (Pub. L. 97-451), GLNA LLC timely filed a petition for reinstatement of oil and gas lease UTU76510 for lands in Grand County, Utah, and it was accompanied by all required rentals and royalties accruing from July 1, 2006, the date of termination. FOR FURTHER INFORMATION CONTACT: Douglas F. Cook, Chief, Branch of Fluid Minerals at
(801)539-4070. SUPPLEMENTARY INFORMATION: The Lessee has agreed to new lease terms for rentals and royalties at rates of $10 per acre and 16 2/3 percent, respectively. The $500 administrative fee for the lease has been paid and the lessee has reimbursed the Bureau of Land Management for the cost of publishing this notice. Having met all the requirements for reinstatement of the lease as set out in Section 31
(d)and
(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188), the Bureau of Land Management is proposing to reinstate lease UTU76510, effective July 1, 1997, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above. Douglas F. Cook, Chief, Branch of Fluid Minerals. [FR Doc. E6-21039 Filed 12-11-06; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-056-5853-EU; N-81870; 7-08807] Notice of Realty Action: Non-Competitive Sale in the Las Vegas Valley, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management
(BLM)proposes to sell a 5-acre parcel of public land in the southwest portion of the Las Vegas Valley, Nevada to Clark County for affordable housing purposes. BLM proposes that the parcel be sold by direct sale to Clark County at less than the appraised fair market value (FMV), pursuant to Section 7(b) of the Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) and the Nevada Guidance on Policy and Procedures for Affordable Housing Disposals (Nevada Guidance) approved on August 8, 2006. BLM will sell the parcel under direct sale procedures in accordance with the applicable provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 *et seq.* (FLPMA), and the BLM land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720. DATES: On or before January 26, 2007, interested parties may submit comments concerning the proposed sale, including the environmental assessment (EA), to the BLM Field Manager, Las Vegas Field Office, at the address stated below. ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130. FOR FURTHER INFORMATION CONTACT: Jacqueline Gratton, Acting Supervisory Realty Specialist, at
(702)515-5054. SUPPLEMENTARY INFORMATION: Pursuant to a request by Clark County, Nevada, BLM proposes to sell a 5-acre parcel of public land located in the southwest portion of the Las Vegas Metropolitan Area and further described below. The parcel is bound on three sides by developed residential property. The fourth side is bound by a developed street. The subject parcel would be sold using the direct sale procedures, and under such terms, covenants, or conditions as determined necessary for affordable housing purposes by the BLM Authorized Officer in accordance with Section 7(b) of SNPLMA, and the Nevada Guidance. Pursuant to Section 7(b) of SNPLMA, BLM, in consultation with the Department of Housing and Urban Development (HUD), may make lands available for affordable housing purposes, in the State of Nevada at less than the appraised FMV. The amount discounted from FMV is calculated according to the Nevada Guidance. Under SNPLMA Section 7(b), housing is “affordable housing” if the housing serves low-income families as defined in Section 104 of the Cranston-Gonzales National Affordable Housing Act ([Cranston-Gonzales] 42 U.S.C 12704). In the Cranston-Gonzales Act, the term “low-income families” means families whose incomes do not exceed 80 percent of the median income for the area as determined by HUD. The appraised FMV for the 5-acre parcel is $3,000,000. Under the Nevada Guidance, and after consultation with HUD, the BLM Authorized Officer has determined that the appropriate value for the property is $198,000.00, so long as the property is used for affordable housing purposes. Under the Nevada Guidance, the preferred method of sale under SNPLMA Section 7(b) is direct sales (as opposed to competitive or modified competitive sales). In addition, the direct sale method is supported by 43 CFR 2711.3-3(1), which authorizes direct sales when, “A tract is identified for transfer to State or local government,” and 43 CFR 2711.3-3(2), which authorizes direct sales when, “A tract is identified for sale that is an integral part of a project or public importance and speculative bidding would jeopardize a timely completion and economic viability of the project.” Since SNPLMA was passed in 1998, Clark County has invested considerable time and substantial resources in finding eligible projects for affordable housing purposes. This project under SNPLMA Section 7(b) is called the “Harmon Pines Senior Apartments.” If successfully sold, this project would begin to meet the tremendous demand for affordable housing recognized by the State of Nevada and the local governmental entities in the Las Vegas Valley. Clark County's submission of the sale nomination to the BLM and HUD includes a comprehensive plan for assessment and evaluation of the need for and feasibility of this project. HUD has recommended approval of this project in accordance with the SNPLMA, the Nevada Guidance, and HUD's Policy and Procedures for Affordable Housing Disposals Section 4(C-H). Therefore, the following described land in Clark County, Nevada, is proposed to be sold to Clark County for affordable housing purposes under Section 7(b) of SNPLMA: Land Proposed for Sale Mount Diablo Meridian, Nevada T. 21 S., R. 60 E., Sec. 24, E 1/2 NW 1/4 SW 1/4 NW 1/4. Clark County Tax Parcel No. 163-24-201-005. The land described above contains 5.0 acres, more or less. This parcel is within the disposal boundary adopted by Congress in SNPLMA and is also in conformance with the BLM Las Vegas Resource Management Plan, approved on October 5, 1998. The land is not required for any Federal purpose. The sale will be made subject to the applicable provisions of FLPMA and the regulations of the Secretary of the Interior. *The patent shall include the following numbered terms, covenants, and conditions:* 1. Pursuant to Section 7(b) of SNPLMA, the term “affordable housing” as used in this Patent, means housing that serves low-income families as defined in Section 104 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12704). For purposes of this Patent, the term “affordable housing purpose” means for the purpose of affordable housing projects, which commit 50 percent or more of living space to affordable housing and which are used for no purpose other than residential use. 2. Clark County hereby covenants and binds all successors-in-interests to use the land conveyed only for affordable housing purposes for a period of fifteen
(15)years, which will commence upon the issuance of a certificate of occupancy or its equivalent by the HUD. This affordable housing covenant shall be deemed appurtenant to and to run with the ownership of the land conveyed. It shall be binding upon Clark County, its successors and assigns, during the time each owns the land. 3. If, at the end of five
(5)years from the date of the sale Patent, any land conveyed through this proposed sale is not being used for affordable housing purposes, at the option of the United States, those lands not so used shall revert to the United States, or, in the alternative, the United States may require payment by the owner to the United States of the then fair market value. 4. All land conveyed shall be used only for affordable housing purposes during the period of affordability. If at any time all or any portion of the land conveyed is used for any purpose other than affordable housing purposes by Clark County, or any successor-in-interest, at the option of the United States, those lands not used for affordable housing purposes shall revert to the United States, or, in the alternative, the United States may at this time require payment by the owner to the United States of the then fair market value or institute a proceeding in a court of competent jurisdiction to enforce the covenant set forth above to use the land conveyed only for affordable housing purposes. 5. This use restriction and the reversionary interest may be enforced by the BLM or the HUD, or their successors-in-interest, as deemed appropriate by agreement of these two agencies at the time of enforcement. 6. Clark County, upon issuance and acceptance of the Patent, shall simultaneously transfer by deed the land conveyed by the Patent to its successor-in-interest. *When patented, title to the land will continue to be subject to the following numbered reservations to the United States:* 1. A right-of-way for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (26 Stat. 391, 43 U.S.C. 945). 2. All discretionary leasable and saleable mineral deposits in the land so patented, and to it, its permittees, licensees, and lessees, the right to prospect for, mine, and remove the minerals owned by the United States under applicable law and such regulations as the Secretary of the Interior (Secretary) may prescribe, including all necessary access and exit rights. 3. A reversionary interest as further defined in the above terms, covenants and conditions. *When patented, title to the land will be subject to:* 1. Valid existing rights of record, including, but not limited to those documented on the BLM public land records at the time of sale, and, 2. By accepting the patent, Clark County, subject to the limitations of law and to the extent allowed by law, shall be responsible for the acts or omissions of its officers, directors and employees in connection with the use or occupancy of the patented real property. Successors-in-interests of the patented real property, except Clark County, shall indemnify, defend, and hold the United States and Clark County harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the successors-in-interest, excluding Clark County, or its employees, agents, contractors, or lessees, or any third-party, arising out of or in connection with the successor-in-interests, excluding Clark County, use, occupancy, or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the successor-in-interests, excluding Clark County, and its employees, agents, contractors, or lessees, or any third party, arising out of or in connection with the use and/or occupancy of the patented real property which has already resulted or does hereafter result in:
(1)Violations of Federal, State, and local laws and regulations that are now or may in the future become, applicable to the real property;
(2)Judgments, claims or demands of any kind assessed against the United States or Clark County;
(3)Costs, expenses, or damages of any kind incurred by the United States or Clark County;
(4)Other releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances(s), as defined by Federal or State environmental laws, off, on, into or under land, property and other interests of the United States or Clark County;
(5)Other activities by which solids or hazardous substances or wastes, as defined by Federal and State environmental laws are generated, released, stored, used or otherwise disposed of on the patented real property, and any cleanup response, remedial action or other actions related in any manner to said solid or hazardous substances or wastes; or
(6)Natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the parcels of land patented or otherwise conveyed by the United States, and may be enforced against successors-in-interest, excluding Clark County, by the United States or Clark County in a court of competent jurisdiction. No warranty of any kind, express or implied is given or will be given by the United States as to the title, physical condition or potential uses of the land proposed for sale. However, to the extent required by law, such land is subject to the requirements of Section 120(h) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended (42 U.S.C. 9620(h)). Publication of this notice in the **Federal Register** temporarily segregates the above described land from appropriation under the public land laws, including the mining laws. The segregation effect of this notice will terminate in the future as specified in 43 CFR 2711.1-3(c)). The above described land was previously segregated from mineral entry under BLM case file number N-66364, with record notation as of October 19, 1998. This previous segregation will terminate upon publication of this notice in the **Federal Register** . Detailed information concerning the proposed sale, including an environmental studies and documents, approved appraisal report and supporting documents, is available for review at the BLM Las Vegas Field Office at the address above. Interested parties may submit written comments regarding the sale, including the EA, to the address above. No facsimiles, e-mails, or telephone calls will be considered as validly submitted comments. The Field Manager, BLM, Las Vegas Field Office, will review the comments of all interested parties concerning the sale. To be considered, comments must be received at the BLM Las Vegas Field Office on or before the date stated above in this notice for that purpose. Comments received during this process, including respondent's name, address, and other contact information will be available for public review. Individual respondents may request confidentiality. If you wish to request that BLM consider withholding your name, address, and other contact information from public review or disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comment. The BLM will honor requests for confidentiality on a case-by-case basis to the extent allowed by law. The BLM will make available for public review, in their entirety, all comments submitted by businesses or organizations, including comments by individuals in their capacity as an official or representative of a business or organization. Any adverse comments will be reviewed by the BLM, Nevada State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, the decision will become effective on February 12, 2007. The lands will not be offered for sale until after the decision becomes effective. (Authority: 43 CFR 2711.1-2(a)). Dated: November 24, 2006. Sharon DiPinto, Assistant Field Manager, Division of Lands, Las Vegas, NV. [FR Doc. E6-21041 Filed 12-11-06; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Long-Term Experimental Plan for the Operation of Glen Canyon Dam and Other Associated Management Activities AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of intent to prepare an environmental impact statement
(EIS)and notice to solicit comments and hold additional public scoping meetings on the adoption of a Long-Term Experimental Plan for the operation of Glen Canyon Dam and other associated management activities under the authority of the Secretary of the Interior (Secretary). SUMMARY: In a **Federal Register** notice published on November 6, 2006 (71 FR 64982-64983), and pursuant to § 102(2)(C) of the National Environmental Policy Act
(NEPA)of 1969, as amended, and 40 CFR 1508.22, the Department of the Interior (Department), acting through the Bureau of Reclamation (Reclamation), provided notice that the Department intends to prepare an EIS and conduct public scoping meetings for the adoption of a Long-Term Experimental Plan for the operation of Glen Canyon Dam and other associated management activities. This **Federal Register** notice, prepared pursuant to 40 CFR 1508.22, provides information on additional public scoping meetings, the purpose and need for the proposed action, and additional background on the Long-Term Experimental Plan. The purpose of the Long-Term Experimental Plan is to increase understanding of the ecosystem downstream from Glen Canyon Dam and to improve and protect important downstream resources. The NEPA process would evaluate the implications and impacts of each of the alternatives on all of the purposes and benefits of Glen Canyon Dam as well as on downstream resources. The proposed plan would implement a structured, long-term program of experimentation (including dam operations, modifications to Glen Canyon Dam intake structures, and other non-flow management actions, such as removal of non-native fish species) and monitoring in the Colorado River below Glen Canyon Dam. The proposed Long-Term Experimental Plan is intended to ensure a continued, structured application of adaptive management in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use, consistent with applicable Federal law. The Long-Term Experimental Plan will build on a decade of scientific experimentation and monitoring that has taken place as part of the Glen Canyon Dam Adaptive Management Program, and will build on the knowledge gained by experiments, operations, and management actions taken under the program. Accordingly, Reclamation intends to tier from earlier NEPA compliance documents prepared as part of the Department's Glen Canyon Adaptive Management Program efforts, see 40 CFR 1500.4(i), 1502.20, and 1508.20(b), such as the 2002 Environmental Assessment prepared on adaptive management experimental actions at Glen Canyon Dam (Proposed Experimental Releases from Glen Canyon Dam and Removal of Non-Native Fish). *Dates and Addresses:* Two additional public scoping meetings will be held to solicit comments on the scope of the Long-Term Experimental Plan and the issues and alternatives that should be analyzed. The meetings will serve to expand upon the input received from the Glen Canyon Dam Adaptive Management Program meetings and the recommendations of the Adaptive Management Work Group (AMWG), a federal advisory committee. Oral and written comments will be accepted at the meetings to be held at the following locations: • Thursday, January 4, 2007—6 p.m. to 8 p.m., Embassy Suites Phoenix Airport at 44th Street, 1515 North 44th Street, Cholla Room, Phoenix, Arizona. • Friday, January 5, 2007—6 p.m. to 8 p.m., Hilton Salt Lake City Center, 255 South West Temple, Salon 1, Salt Lake City, Utah. Written comments on the proposed development of the Long-Term Experimental Plan may be sent by close of business on Wednesday, February 28, 2007, to: Regional Director, Bureau of Reclamation, Upper Colorado Region, Attention: UC-402, 125 South State Street, Salt Lake City, Utah 84318-1147, faxogram at
(801)524-3858, or e-mail at *GCDExpPlan@uc.usbr.gov* . FOR FURTHER INFORMATION CONTACT: Dennis Kubly, Bureau of Reclamation, telephone
(801)524-3715; faxogram
(801)524-3858; e-mail at *GCDExpPlan@uc.usbr.gov* . If special assistance is required regarding accommodations for attendance at either of the public meetings, please contact Jayne Kelleher at
(801)524-3680, faxogram at
(801)524-3858, or e-mail at *jkelleher@uc.usbr.gov* no less than 5 working days prior to the applicable meeting(s). SUPPLEMENTARY INFORMATION: Glen Canyon Dam was authorized by the Colorado River Storage Project Act (CRSPA) of 1956 and completed by Reclamation in 1963. Below Glen Canyon Dam, the Colorado River flows for 15 miles through the Glen Canyon National Recreation Area which is managed by the National Park Service. Fifteen miles below Glen Canyon Dam, Lees Ferry, Arizona, marks the beginning of Marble Canyon and the northern boundary of Grand Canyon National Park. The primary purpose and major function of Glen Canyon Dam is water conservation and storage. The dam is specifically managed to regulate releases of water from the Upper Colorado River Basin to the Lower Colorado River Basin to satisfy provisions of the 1922 Colorado River Compact and subsequent water delivery commitments, and thereby allow states within the Upper Basin to deplete water from the watershed upstream of Glen Canyon Dam and utilize their apportionments of Colorado River water. In addition to the primary purpose of water delivery, another function of Glen Canyon Dam is to generate hydroelectric power. Between the dam's completion in 1963 and 1990, the dam's daily operations were primarily undertaken to maximize generation of hydroelectric power in accordance with Section 7 of the CRSPA, which requires production of the greatest practicable amount of power. Over time, concerns arose with respect to the operation of Glen Canyon Dam, including effects of operations on species listed pursuant to the Endangered Species Act. In 1992, Congress passed and the President signed into law, the Grand Canyon Protection Act which addresses potential impacts of dam operations on downstream resources in Glen Canyon National Recreation Area and Grand Canyon National Park. The Grand Canyon Protection Act of 1992 required the Secretary to complete an environmental impact statement evaluating alternative operating criteria, consistent with existing law, that would determine how Glen Canyon Dam would be operated to both meet the purposes for which the dam was authorized and meet the goals for protection of Glen Canyon National Recreation Area and Grand Canyon National Park. The final environmental impact statement was completed in March 1995. The Preferred Alternative (Modified Low Fluctuating Flow Alternative) was selected as the best means to operate Glen Canyon Dam in a Record of Decision
(ROD)issued on October 9, 1996. In 1997 the Secretary adopted operating criteria for Glen Canyon Dam (62 FR 9447-9448) as required by Section 1804(c) of the Grand Canyon Protection Act of 1992. Additionally, the Grand Canyon Protection Act of 1992 requires the Secretary to undertake research and monitoring to determine if revised dam operations were achieving the resource protection objectives of the final EIS and ROD. These provisions of the Grand Canyon Protection Act of 1992 were incorporated into the 1996 ROD and led to the establishment of the Glen Canyon Dam Adaptive Management Program, administered by Reclamation, and of the Grand Canyon Monitoring and Research Center within the U.S. Geological Survey (USGS). The Adaptive Management Program includes a federal advisory committee known as the AMWG, a Technical Work Group, a monitoring and research center administered by the USGS, and independent review panels. The Technical Work Group is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. The AMWG makes recommendations to the Secretary concerning Glen Canyon Dam operations and other management actions to protect resources downstream from Glen Canyon Dam consistent with the Grand Canyon Protection Act and other applicable provisions of Federal law. To improve scientific understanding of the downstream ecosystem, periodic experimental releases from Glen Canyon Dam were conducted in water years 1996 through 2006. Non-flow actions were also conducted, including removal of non-native fish and translocation of the endangered Kanab ambersnail and humpback chub. Specific experimental actions included: • 1996 test of a Beach Habitat Building Flow
(BHBF)at 45,000 cubic feet per second
(cfs)and translocation of endangered Kanab ambersnail. • 2000 test of Low Steady Summer Flows at 8,000 cfs. • 2003—2005 block of experimental actions which included: ○ Translocation of endangered humpback chub above Chute Falls. ○ Winter fluctuating fish suppression releases (5,000 to 20,000 cfs). ○ Mechanical removal of non-native fish near the confluence of the Little Colorado River to benefit the humpback chub. ○ Fall constrained releases to test the conservation of sediment (6,500 to 9,000 cfs). ○ 2004 test of a BHBF at 42,000 cfs immediately following Paria River sediment inputs. In addition, drought-induced reductions in Lake Powell elevations caused an increase in dam release temperatures during 2003 to 2005. Considerable monitoring and research on endangered fish, sediment conservation, and other resources in the Grand Canyon were conducted in concert with these actions. Among other documents related to adaptive management experimentation, two Environmental Assessments and Findings of No Significant Impacts were prepared: Proposed Experimental Releases from Glen Canyon Dam and Removal of Non-Native Fish
(2002)and Proposed Experimental Actions for Water Years 2005-2006—Colorado River, Arizona, in Glen Canyon National Recreation Area and Grand Canyon National Park (2004). These two documents can be found at the following Internet location: *http://www.usbr.gov/uc/rm/gcdltep/index.html* . Proposed Action The proposed action is to develop and adopt a Long-Term Experimental Plan that will implement a structured, long-term program of experimentation (including dam operations, modifications to Glen Canyon Dam intake structures, and other non-flow management actions, such as removal of non-native fish species) in the Colorado River below Glen Canyon Dam. Purpose and Need for Action The purpose of the proposed action is to increase scientific understanding of the ecosystem downstream from Glen Canyon Dam and to improve and protect important downstream resources. Specific hypotheses to be addressed include the effect of dam release temperatures; ramp rates; non-native control; and the timing, duration, and magnitude of BHBF releases. Adoption of a Long-Term Experimental Plan is needed to ensure a continued, structured application of adaptive management in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use, consistent with applicable Federal law. Adoption of a Long-Term Experimental Plan will assist scientists, policy makers, and resource managers to better understand resource management options, tradeoffs and consequences, and assist in the long-term operations of Glen Canyon Dam. Scoping The range of alternatives for the proposed action will be developed following recommendations provided by the AMWG and through information received from upcoming public scoping meetings. In addition, Reclamation will utilize information developed through prior meetings of the AMWG, Technical Work Group, and Science Planning Group as relevant information for the purposes of scoping the upcoming NEPA process and to develop the appropriate scope of analysis pursuant to 40 CFR 1508.25. Public Disclosure It is our practice to make comments, including names, home addresses, home telephone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make 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. Dated: November 17, 2006. Rick L. Gold, Regional Director—UC Region, Bureau of Reclamation. [FR Doc. E6-20756 Filed 12-11-06; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-961 (Final) (Remand)] Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago; Notice and Scheduling of Remand Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: The United States International Trade Commission (Commission) gives notice of the court-ordered remand of its final antidumping duty investigation, Investigation No. 731-TA-961 (Final) (Remand). FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of the General Counsel, telephone
(202)205-3112, or Mary Messer, Office of Investigations, telephone
(202)205-3193, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). SUPPLEMENTARY INFORMATION: Reopening the Record In October 2002, the Commission made a final affirmative determination in the referenced investigation. 67 FR 66662 (Nov. 1, 2002). Respondent appealed the determination to the U.S. Court of International Trade (CIT), which affirmed the Commission's determination. *Caribbean Ispat Ltd.* v. * United States,* Slip Op. 05-37 (March 22, 2005). Respondent appealed to the U.S. Court of Appeals for the Federal Circuit, which vacated and remanded the Commission's determination. *Caribbean Ispat Ltd.* v. *United States,* 450 F.3d 1336 (Fed. Cir. 2006). On October 13, 2006, the CIT issued an order remanding the case to the Commission to comply with the Federal Circuit's decision in *Caribbean Ispat* and giving the Commission until January 12, 2007, to issue its remand determination. The Commission is seeking an extension of that deadline in order to allow the Commission to send out additional questionnaires to obtain further data relevant to the remand instructions. In the meantime, the Commission is proceeding based on the existing deadline, in accordance with the schedule set out below. In order to assist it in making its determination on remand, the Commission is reopening the record on remand in this investigation to include additional information on the role of non-subject imports of carbon and certain alloy steel wire rod in the U.S. market during the original period of investigation. The record in this proceeding will encompass the material from the record of the original investigation and additional information placed by Commission staff on the record during this remand proceeding. Participation in the Proceeding Only those persons who were interested parties in the original administrative proceeding and are parties to the ongoing litigation ( *i.e.* , persons listed on the Commission Secretary's service list and parties to *Caribbean Ispat Ltd.* v. *U.S.,* Court No. 05-1400) may participate as interested parties in this remand proceeding. Nature of the Remand Proceeding On December 15, 2006, the Commission will make available to parties who participate in the remand proceeding information that has been gathered by the Commission as part of this remand proceeding. Parties that are participating in the remand proceeding may file comments on or before December 22, 2006, addressing the record facts as they relate to the question raised in the CIT's remand instructions. Such comments shall not exceed 25 double-spaced pages. In addition, all written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain business proprietary information
(BPI)must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Each document filed by a party participating in the remand investigation must be served on all other parties who may participate in the remand investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Parties are also advised to consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207), for provisions of general applicability concerning written submissions to the Commission. At this time, the Commission's remand determination is due to be submitted to the CIT on January 12, 2007. On December 4, 2006, the Commission filed a motion with that Court to extend the time to file its remand determination until March 12, 2006. In the event the CIT grants the motion, or otherwise modifies the date on which the Commission's remand determination is due to the Court, the Commission intends to issue an amended notice and schedule. Limited Disclosure of Business Proprietary Information
(BPI)Under an Administrative Protective Order
(APO)and BPI Service List Information obtained during the remand investigation will be released to the referenced parties, as appropriate, under the administrative protective order
(APO)in effect in the original investigation. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO in this remand investigation. Authority: This action is taken under the authority of the Tariff Act of 1930, title VII. By order of the Commission. Issued: December 7, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-21119 Filed 12-11-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Open Systemic Initiative Notice is hereby given that, on November 13, 2006, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 *et seq.* (“the Act”), Open SystemC Initiative (“OSCI”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Actis Design, LLC, Portland, OR; Broadcom Corporation, Bristol, United Kingdom; Denali Software, Inc., Palo Alto, CA; Freescale Semiconductor, Inc., Herzelia, Israel; NEC Corporation, Kawasaki, Japan; SpringSoft, Inc., Hsinchu, Taiwan; and Vast Systems, Inc., Sunnyvale, CA have been added as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and OSCI intends to file additional written notifications disclosing all changes in membership. On October 9, 2001, OSCI filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the **Federal Register** pursuant to Section 6(b) of the Act on January 3, 2002 (67 FR 350). The last notification was filed with the Department on February 27, 2006. A notice was published in the **Federal Register** pursuant to Section 6(b) of the Act on March 27, 2006 (71 FR 15218). Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. 06-9645 Filed 12-11-06; 8:45 am]
Connections1 cite this · traces to 8
Cited by 1 section
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Traces to 8 documents
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U.S. Code
statutes-at-large
18 references not yet in our index
- 46 CFR 16.220(c)
- 46 CFR 15.812(b)(3)
- 46 CFR 16.220(b)
- 46 CFR 16
- 46 CFR 16.230
- 46 CFR 5
- Pub. L. 97-451
- Pub. L. 105-263
- 43 CFR 2711.3-3(1)
- 43 CFR 2711.3-3(2)
- 43 CFR 2711.1-3(c)
- 43 CFR 2711.1-2(a)
- 40 CFR 1508.22
- 40 CFR 1500.4(i)
- 40 CFR 1508.25
- 450 F.3d 1336
- 19 CFR 201
- 19 CFR 207
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Fed. Reg.×1
F. App'x450 F.3d 1336
Cite46 CFR 16.220(c)
Cite46 CFR 15.812(b)(3)
Cite46 CFR 16.220(b)
Cites 26 · showing 12Cited by 1 across 1 source