Proposed Rules. Advance notice of proposed rulemaking
18,552 words·~84 min read·
/register/2007/02/23/07-825A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6560-50-P DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3800 [WO-620-1430-00-24 1A] RIN 1004-AD69 Surface Management AGENCY: Bureau of Land Management, Interior. ACTION: Advance notice of proposed rulemaking. SUMMARY: This advance notice of proposed rulemaking is related to the Bureau of Land Management
(BLM)surface management regulations for mining operations authorized by the Mining Law. In a previous Federal district court proceeding, environmental groups challenged the BLM's regulations on surface management under the Mining Law in 43 CFR subpart 3809, issued by the Department in 2001, in part, because the regulations did not require fair market value payment for the use of Federal lands for mining operations when the lands are “invalidly claimed” or unclaimed under the Mining Law. For the most part, the court upheld the 3809 regulations, but remanded them in part to the Department “for evaluation, in light of Congress's expressed policy goal for the United States to ‘receive fair market value of the use of the public lands and their resources.' ” This advance notice of proposed rulemaking is intended to assist the BLM in the evaluation ordered by the Court. DATES: You must submit your comments by April 24, 2007. The BLM may not necessarily consider or include in the Administrative Record for the advance notice of proposed rulemaking comments that the BLM receives after the close of the comment period or comments delivered to an address other than those listed below (see ADDRESSES ). ADDRESSES: *Mail:* Director (630), Bureau of Land Management, U.S. Department of the Interior, Mail Stop 401 LS, 1849 C St., NW., Washington, DC 20240, Attention: 1004-AD69. *Personal or messenger delivery:* 1620 L Street, NW., Washington, DC 20036. *Internet e-mail:* *comments_washington@blm.gov* (include “Attn: 1004-AD69”). *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions at this Web site. FOR FURTHER INFORMATION CONTACT: Scott Haight at
(406)538-1930, for information relating to the surface management program or the nature of the notice, or Ted Hudson at
(202)452-5042 for information relating to the rulemaking process generally. Persons who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the above individuals. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures II. Background III. Analysis and Public Inquiry A. “Invalidly Claimed” Lands B. Lands on Which Claims of Unknown Validity are Located C. Unclaimed Lands I. Public Comment Procedures Please submit e-mail comments as an ASCII file avoiding the use of special characters and any form of encryption. Please also include “Attn: 1004-AD69” and your name and return address in your e-mail message. You may examine documents pertinent to this advance notice of proposed rulemaking at the L Street address. A. How do I comment on the notice? If you wish to comment, you may submit your comments by any one of several methods: • You may mail comments to Director (630), Bureau of Land Management, Administrative Record, Room 401 LS, Director (630), Mail Stop 401 LS, Bureau of Land Management, U.S. Department of the Interior, 1849 C Street, NW., Washington, DC 20240, Attn: 1004-AD69. • You may deliver comments to Room 401, 1620 L Street, NW., Washington, DC 20036. • You may access and comment on the notice at the Federal eRulemaking Portal by following the instructions at that site (see ADDRESSES ). • You may also comment via e-mail to *comments_washington@blm.gov.* If you do not receive a confirmation that we have received your electronic message, contact us directly
(202)452-5030. Please make your comments as specific as possible by confining them to issues for which comments are sought in this notice, and explain the bases for your comments. The comments and recommendations that will be most useful and likely to influence agency decisions are: 1. Those supported by quantitative information or studies; and 2. Those that include citations to, and analyses of, the applicable laws and regulations. The BLM may not necessarily consider or include in the Administrative Record for the notice comments that we receive after the close of the comment period (see DATES or comments delivered to an address other than those listed above (see ADDRESSES ). B. May I review comments submitted by others? Comments, including names and street addresses of respondents, will be available for public review at the address listed under ADDRESSES : “ *Personal or messenger* delivery” during regular hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except holidays. C. Can my name and address be kept confidential? Before including your address, telephone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. The BLM will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspections in their entirety. II. Background In the Federal Land Policy and Management Act (“FLPMA”), Congress declared 13 policy goals for the public lands, among which are that: • The public lands “be managed in a manner which recognizes the Nation's need for domestic sources of minerals” (43 U.S.C. 1701(a)(12)), and • “[T]he United States receive fair market value of the use of the public lands and their resources unless otherwise provided for by statute” (43 U.S.C. 1701(a)(9)). Following these 13 policy declarations, Congress stated that the “policies of this Act shall become effective only as specific statutory authority for their implementation is enacted by this Act or by subsequent legislation and shall then be construed as supplemental to and not in derogation of the purposes for which public lands are administered under other provisions of law.” (43 CFR 1701(b)). Commercial mining is one of the purposes for which public lands are administered. Congress declared in 1970 that “it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in
(1)the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries,
(2)the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs,
(3)mining, mineral, and metallurgical research, including the use and recycling of scrap to promote the wise and efficient use of our natural and reclaimable mineral resources, and
(4)the study and development of methods for the disposal, control, and reclamation of mineral waste products, and the reclamation of mined land, so as to lessen any adverse impact of mineral extraction and processing upon the physical environment that may result from mining or mineral activities.” (30 U.S.C. 21a). The Secretary of the Interior has the statutory responsibility to carry out this national policy when exercising his authority under Federal laws such as FLPMA. In *Mineral Policy Center* v. *Norton* , 292 F. Supp. 2d 30 (D.D.C. 2003), plaintiffs challenged the BLM's surface management regulations for hardrock mining, which are found at 43 CFR subpart 3809. One of the arguments that the plaintiffs made was that, on lands on which there are no valid mining claims, the BLM should be charging fair market value for use of the public lands for mining operations. *Mineral Policy Center* , 292 F. Supp. 2d at 40. In response, the BLM argued that, “the ‘otherwise provided for by statute' exception set forth in FLPMA section 102(a)(9) exempts mining operations on both claimed and unclaimed lands from the fair market value policy, where such operations are conducted under the Mining Law.” (Federal Defendants' Consolidated Motion for Summary Judgment at page 38). Nevertheless, the court concluded that “[o]perations neither conducted pursuant to valid mining claims nor otherwise explicitly protected by FLPMA or the Mining Law ( *i.e.* , exploration activities, ingress and egress, and limited utilization of mill sites) must be evaluated in light of Congress's expressed policy goal for the United States to ‘receive fair market value of the use of the public lands and their resources' ” ( *Mineral Policy Center* , 292 F. Supp. 2d at page 51). The court then remanded the regulations to the Department to evaluate the competing priorities set forth in FLPMA as applied to invalidly claimed or unclaimed lands “in light of Congress's expressed policy goal for the United States to ‘receive fair market value of the use of public lands and their resources' ” ( *id.* at pages 51 and 57). III. Analysis and Public Inquiry The fair market value policy in FLPMA applies “unless otherwise provided for by statute” (43 U.S.C. 1701(a)(9)). Based on this exception, the court in *Mineral Policy Center* concluded that the Mining Law authorizes operations, including possession, occupancy, and mineral extraction activities, on valid mining claims without payment of fair market value for that use (292 F. Supp. 2d at pages 47 and 51). The court also concluded that the Mining Law authorizes exploration activities, mill site use in association with valid claims, and ingress and egress to valid claims, without payment of fair market value for that use ( *id* .). The court instructed the BLM to evaluate the application of FLPMA's competing priorities, in light of the policy goal to receive fair market value for the use of the public land, to mining activities that amount to more than initial exploration activities conducted on invalidly claimed or unclaimed lands ( *id* . at pages 46 and 50). A. “Invalidly Claimed” Lands The Mining Law establishes the parameters under which mining claimants may locate and hold a mining claim (30 U.S.C. 23, 28). It is without question that “in order to create valid rights or initiate a title as against the United States a discovery of mineral is essential” ( *Union Oil Co.* v. *Smith* , 249 U.S. 337, 346 (1919)). Nevertheless, “while discovery is the indispensable fact and the marking and recording of the claim dependent upon it, yet the order of time in which these acts occur is not essential in the acquisition from the United States of the exclusive right of possession of the discovered minerals or the obtaining of a patent therefor, but that discovery may follow after location and give validity to the claim as of the time of discovery, provided no rights of third parties have intervened.” ( *Id.* ) Because mining claims are self-initiated and may be located before the claimant discovers a valuable mineral deposit, the BLM cannot know whether an unpatented mining claim on the public lands is valid unless and until it determines the validity of the claim. However, while the BLM has discretion to initiate a mining claim validity examination at any time before a patent is issued, as a practical matter, it determines or verifies claim validity only rarely. *Cameron* v. *United States* , 252 U.S. 450, 460 (1920); Mark Squillace, *The Enduring Vitality of the General Mining Law of 1872* , 18 Envtl. L. Rep. 10,261, 10,266
(1988)(stating that the government rarely considers the validity of an unpatented mining claim). See generally *Legal Requirements for Determining Mining Claim Validity Before Approving a Mining Plan of Operations* , M-37012 (Nov. 14, 2005). The BLM cannot feasibly embark on a program to make technical determinations of the validity of all unpatented mining claims. The administrative cost per mining claim of conducting a validity determination, including a field examination and an economic analysis, and carrying out a contest hearing, if necessary, is substantial. The BLM estimates that the cost per mining claim for a full validity determination, including an administrative contest hearing, ranges between $12,000 and $80,000. There are over 250,000 active mining claims on the public lands. Conducting validity determinations for all 250,000 mining claims would exceed the BLM's annual operating budget many times over. Even if the BLM was appropriated sufficient funds and was able to locate and employ enough qualified mineral examiners to engage in such an extensive program, the open nature of the public lands makes the exercise futile. Mining claimants can locate mining claims only on lands that are open to the operation of the Mining Law. In rare circumstances, the lands on which mining claimants have located mining claims may be subsequently withdrawn from the operation of the Mining Law. However, almost all of the 250,000 existing mining claims are on public lands that remain open to the operation of the Mining Law. On these open lands, a validity determination is an inefficient use if not an outright waste of government resources, because nothing stops the claimant from immediately relocating a new claim on the same lands covered by the invalidated mining claim. In light of these practical administrative considerations, the BLM reasonably focuses its limited appropriations on conducting validity examinations where they are required. The BLM's regulations at 43 CFR 3809.100 and 3862.1-1 require a complete validity determination only if a claimant:
(1)Proposes mining operations on lands that were withdrawn or segregated from the operation of the Mining Law, or
(2)Has applied for a patent. No law requires the BLM to determine the validity of mining claims before approving operations on lands that are open to the operation of the Mining Law ( *Legal Requirements for Determining Mining Claim Validity Before Approving a Mining Plan of Operations* , M-37012 (Nov. 14, 2005)). See also, Western Shoshone Defense Project, 160 IBLA 32, 56
(2003)(“BLM generally does not determine the validity of the affected mining claims before approving a plan of operations”). The BLM cannot know whether lands are “invalidly claimed” unless it has conducted a validity examination and has determined that a mining claim is in fact invalid, or unless the claim has been voided by operation of law because of the claimant's failure to comply with an applicable annual maintenance requirement. In both instances, once a claim is void by operation of law or void because the BLM has determined that it is invalid, the claim no longer exists. Therefore, as the BLM applies it, the phrase “invalidly claimed” only covers lands on which a mining claim was formerly located that the BLM knows to be invalid because
(1)The BLM has determined that the claim is invalid or
(2)the claim was voided by operation of law because of the claimant's failure to comply with annual maintenance requirements. On withdrawn lands, the BLM does not approve mining operations for mining claims it has determined to be invalid or that have been voided by operation of law. Consequently, on withdrawn lands, since there is no authorized use of invalidated mining claims, the BLM need not consider whether it should receive fair market value for use of such “invalidly claimed” lands. On open lands, the lands on which voided or invalidated mining claims once existed are nothing more than unclaimed lands. See section C below for further discussion regarding the use of unclaimed lands. B. Lands on Which Claims of Unknown Validity are Located The court's decision in *Mineral Policy Center* did not address the use of lands on which mining claims of unknown validity exist. The parties did not brief this issue, and the court's decision did not consider the distinction between claims that the BLM has determined to be invalid and those for which the BLM has made no validity determination. As previously noted, the court concluded that the Mining Law authorizes operations, including possession, occupancy, and mineral extraction activities, on valid mining claims without payment of fair market value for that use ( *Mineral Policy Center* , 292 F. Supp. 2d at page 51). And while the court remanded the regulations in part for the BLM to evaluate whether it should charge fair market value for the use of invalidly claimed lands, we have already explained that, on withdrawn lands, there is no authorized use of invalidated mining claims and, therefore, the BLM need not consider whether it should receive fair market value for use of such “invalidly claimed” lands. In addition, we have explained that, on open lands, the lands on which voided or invalidated mining claims once existed are nothing more than unclaimed lands, which are discussed in section C below. What remains is the use of lands covered by mining claims of unknown validity. For the reasons described below, the BLM tentatively concludes that the use of mining claims of unknown validity for mining operations falls within the “otherwise provided for by statute” exception set forth in FLPMA's Section 102(a)(9). Under this interpretation, the BLM may not apply FLPMA's fair market value policy to approved mining operations that occur on mining claims of unknown validity. We solicit your views on this interpretation and the analysis set forth below. As explained above, mining claims can be located before or after a claimant discovers a valuable mineral deposit ( *Union Oil Co.* v. *Smith* , 249 U.S. at 346). Until the BLM examines the validity of a mining claim, it does not know whether a given claim is valid. The BLM cannot simply assume that a mining claim of unknown validity is invalid. The BLM can invalidate a claim without a validity determination only if the claim is void by operation of law because of a mining claimant's failure to comply with particular statutory filing or fee requirements (30 U.S.C.A. 28i (West Supp. 2006); 43 U.S.C. 1744(c)). Otherwise, the BLM must conduct a validity determination and, except in rare instances involving undisputed facts, contest a claim's validity by giving the claimant notice and an opportunity for a hearing before it can declare a claim invalid. *Cameron* v. *United States* , 252 U.S. 450, 460
(1920)(“so long as the legal title remains in the government it does have power, after proper notice and upon adequate hearing, to determine whether the claim is valid and, if it be found invalid, to declare it null and void”). The BLM manages mining claims of unknown validity as active mining claims under the Mining Law, as ratified repeatedly by Congress. In FLPMA, Congress recognized the existence of these active mining claims of unknown validity that are located under the Mining Law. In Section 314 of FLPMA (43 U.S.C. 1744), Congress amended the Mining Law to require mining claimants—
(1)To record each mining claim with the BLM by filing a copy of the notice of location, and
(2)to file annual proof of having conducted the assessment work that is required by the Mining Law for each mining claim. Claimants are not required to demonstrate claim validity before complying with these filing requirements. Nor is the BLM required to determine the validity of any mining claim before it accepts these filings. Congress applied these requirements to all mining claims located under the Mining Law regardless of the validity of the claims, thereby allowing claimants to maintain mining claims of unknown validity. At the same time, by making these filings, a claimant does not make valid a claim that is not otherwise valid under applicable law (43 U.S.C. 1744(d)). In 1992, Congress continued to recognize the existence of active mining claims of unknown validity when it passed the Department of the Interior and Related Agencies Appropriations Act of 1993, (Pub. L. 102-381, 106 Stat. 1374
(1992)(Appropriations Act)). The Appropriations Act required holders of unpatented mining claims to pay an annual rental fee of $100 per claim for 1993 and 1994, without regard to the underlying validity of the claims. Rent is defined as a “fixed periodical return made by a tenant or occupant of property to the owner for the possession or use thereof” (Merriam-Webster's Collegiate Dictionary 991 (10th ed. 1998)). Congress has extended this rental or maintenance fee requirement four times in subsequent legislation. See 107 Stat. 312, 405-407 (1993); Public Law 105-240, Section 116 (1998); Public Law 107-63
(2001)(codified at 30 U.S.C.A. 28f. (West Supp. 2002)); Public Law 108-108
(2003)(codified at 30 U.S.C.A. 28f. (West Supp. 2006)). The currently applicable law requires the fee payment until 2008. Congress also gave the BLM authority to make periodic adjustments to this fee based on changes in the Consumer Price Index (30 U.S.C.A. 28j(c) (West Supp. 2006)). In 2004, the BLM increased the fee from $100 to $125 (69 FR 40294, July 1, 2004). Since 1992, the BLM has collected over $300 million from mining claimants in fee payments. Because Congress allows mining claimants to locate mining claims under the Mining Law and maintain them by making annual payments to the BLM while the validity of the claims is unknown, the use of these mining claims for mining operations falls within the “otherwise provided for by statute” exception set forth in FLPMA's Section 102(a)(9). Therefore, the BLM has tentatively concluded that it may not apply FLPMA's fair market value policy to approved mining operations that occur on mining claims of unknown validity. C. Unclaimed Lands “Unclaimed lands” are lands on which no mining claims are located. The BLM is not aware of any instance in which a miner or mining company would use unclaimed lands to conduct mining and mineral production operations or related uses. The BLM is not aware of any miner or mining company that would be willing to invest money or resources in the development of a mine without some tenure in the land in the form of a mining claim or mill site. If a mining company were to file a plan of operations to develop a mine on unclaimed lands, a third party could easily locate mining claims over the area and assert adverse rights to the lands. Therefore, it is the BLM's tentative conclusion that no one uses unclaimed lands for mining operations that go beyond exploration activities on the public lands. Nevertheless, the BLM requests public comments regarding whether any miners or mining companies in fact use unclaimed lands for such mining operations. The BLM asks for detailed examples of any such use. After the BLM receives and considers these comments, it will determine whether further evaluation of FLPMA's competing priorities is needed with regard to any mining operations that go beyond exploration activities on unclaimed lands. Author The principal author of this notice is Scott Haight of the Montana State Office, assisted by Ted Hudson of the Division of Regulatory Affairs, Washington Office, Bureau of Land Management, and Karen Hawbecker, Office of the Solicitor, Department of the Interior. Dated: February 5, 2007. C. Stephen Allred, Assistant Secretary of the Interior. [FR Doc. E7-3077 Filed 2-22-07; 8:45 am] BILLING CODE 4310-84-P ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1523 and 1552 [EPA-HQ-OARM-2007-0102; FRL 8280-4] EPAAR Prescription and Solicitation Provision—EPA Green Meetings and Conferences AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation (EPAAR) Subparts 1523 and 1552 to establish policy and procedures for acquiring environmentally preferable meeting and conference services. This proposed EPAAR revision will add a prescription and solicitation provision that Agency employees will be required to use when soliciting quotes or offers for meeting and conference space and services. The solicitation provision will require meeting and conference venues to provide EPA with information about environmentally preferable features and practices in use at their facilities. As stated in the Federal Acquisition Regulation (FAR), environmentally preferable products and services are those “that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” The intent of this rule is to ensure that environmental preferability is considered in each purchase of commercial meeting and conference services, which furthers the EPA mission to protect human health and the environment. This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The procedure will require Agency employees to request information from prospective meeting venues about their environmentally preferable (green) practices for consideration in the award decision, thus encouraging the industry to adopt more of these practices so that we will be more likely to do business with them. This rule imposes no requirement or standard that a facility must meet in order to do business with us. DATES: Interested parties should submit comments in writing on or before March 26, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OARM-2007-0102, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *Email:* *oei.docket@epa.gov.* • *Mail:* EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID No. EPA-HQ-OARM-2007-0102. • *Hand Delivery:* EPA Docket Center, Environmental Protection Agency, OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OARM-2007-0102. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training and Oversight Division, Office of Acquisition Management, Mail Code 3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; e-mail address: *schermerhorn.tiffany@epa.gov,* telephone
(202)564-9902. SUPPLEMENTARY INFORMATION: I. General Information The proposed EPAAR additions are necessary so that the Agency can ensure that environmental preferability is considered in all purchases of commercial meeting and conference services. The new solicitation provision will not impose a substantial additional burden on meeting venues since they currently submit quotes or offers to the Agency in response to solicitations for meeting and conference services, and the rule will allow the information to be obtained electronically or orally when appropriate to the acquisition. The EPAAR changes are consistent with the FAR. II. Statutory and Executive Order Reviews A. Executive Order 12866 It has been determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866 and is therefore not subject to OMB review. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* This rule does not impose any new information collection or other requirements on Agency contractors. Collection of information from prospective contractors via Agency solicitation is covered under existing active clearances OMB 9000-0136, Commercial Item Acquisitions—FAR Sections Affected: Part 12; 52.212-1 and 52.212-3, a Federal Acquisition Regulation clearance, in the case of commercial item simplified acquisitions; and OMB 2030-0006, Invitations for Bids and Request for Proposals (IFBs and RFPs), an EPA clearance, in the case of sealed bid or negotiated procurements. These clearances allow information to be collected from a quoter or offeror with the purpose of evaluating its capabilities for performing the contract requirements. In the case of this regulation, one of EPA's requirements is to purchase environmentally preferable meeting and conference services to the greatest extent practicable, so we will need to solicit from each facility a technical description of environmentally preferable measures it has in place. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as:
(1)A small business as defined by the Small Business Administration's
(SBA)regulations at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any new requirements on small entities. List of Subjects in 48 CFR Parts 1523 and 1552 Environmental Protection, Government procurement. Dated: February 16, 2007. John C. Gherardini, III, Acting Director, Office of Acquisition Management. For the reasons set forth in the preamble, chapter 15 of title 48 Code of Federal Regulations, parts 1523 and 1552 are proposed to be amended as follows: PART 1523—ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 1. The authority citation for 48 CFR part 1523 continues to read as follows: Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). 2. Add Subpart 1523.7 to read as follows. Subpart 1523.7—Contracting for Environmentally Preferable Products and Services 1523.703 Policies and procedures. 1523.703-1 Acquisition of environmentally preferable meeting and conference services. Subpart 1523.7—Contracting for Environmentally Preferable Products and Services 1523.703 Policies and procedures. 1523.703-1 Acquisition of environmentally preferable meeting and conference services.
(a)*Scope.* This section establishes policy and procedures for acquiring environmentally preferable meeting and conference services. For purposes of this section, the term “contracting officer” refers to any EPA employee with purchasing authority. For the purposes of this section, the term “meeting and conference services” refers to any purchase by an EPA employee of the use of off-site commercial facilities for an EPA event, whether the event is a meeting, conference, training session, or other purpose.
(b)*Policy.* Contracting officers must purchase environmentally preferable meeting and conference services to the greatest extent practicable. Environmental preferability is defined at FAR 2.101. Environmental preferability shall be considered in all purchases of meeting and conference services.
(c)*Procedures for micropurchases.* The contracting officer shall request information on environmentally preferable features and practices from each meeting and conference services vendor solicited using the provision or language substantially the same as the provision at 1552.223-71.
(d)*Procedures for purchases exceeding micropurchase threshold.* The contracting officer shall request information on environmentally preferable features and practices from each meeting and conference services vendor using the provision or language substantially the same as the provision at 1552.223-71, and shall notify vendors that basis for award will be best valued with price and other factors considered. Environmental preferability must be considered among the other factors. The contracting officer shall determine the relative importance of price and other factors as appropriate to the acquisition.
(e)*Contractor support for meetings and conferences.* A contract, order, work assignment or purchasing agreement that includes contractor support for meeting and conference planning and logistics must include a green meeting and conference requirement. The contracting officer shall ensure language is included in the tasking document work statement that requires the contractor to use the provision at 1552.223-71, or language approved by the contracting officer that is substantially the same as the provision, when soliciting quotes or offers for meeting and conference services on behalf of the EPA.
(f)*Solicitation Provision.* The contracting officer shall insert the provision or language substantially the same as the provision at 1552.223-71, EPA Green Meetings and Conferences, in solicitations for meeting and conference services. Contracting officers issuing an oral solicitation must also use the provision, though it may be provided to the vendor orally or electronically. Contractors soliciting quotes or offers for meeting and conference services on behalf of EPA shall use the provision, or language approved by the contracting officer that is substantially the same as the provision. 3. The authority citation for 48 CFR part 1552 continues to read as follows: Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b. PART 1552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Add § 1552.223-71 to read as follows. 1552.223-71 EPA Green Meetings and Conferences. As prescribed in 1523.703-1, insert the following provision or language substantially the same as the provision in solicitations for meetings and conference services. EPA Green Meetings and Conferences (XXX 2007)
(a)The mission of the EPA is to protect human health and the environment. We expect that all Agency meetings and conferences will be staged using as many environmentally preferable measures as possible. Environmentally preferable means products or services that have a lesser or reduced effect on the environment when compared with competing products or services that serve the same purpose.
(b)As a potential meeting or conference provider for EPA, we require information about environmentally preferable features and practices your facility will have in place for the EPA event described in the solicitation.
(c)The following list is provided to assist you in identifying environmentally preferable measures and practices used by your facility. More information about EPA's Green Meetings initiative may be found on the Internet at *http://www.epa.gov/oppt/greenmeetings/* . Information about EPA voluntary partnerships may be found at *http://www.epa.gov/partners/index.htm* .
(1)Do you have a recycling program? If so, please describe.
(2)Do you have a linen/towel reuse option that is communicated to guests?
(3)Do guests have easy access to public transportation or shuttle services at your facility?
(4)Are lights and air conditioning turned off when rooms are not in use? If so, how do you ensure this?
(5)Do you provide bulk dispensers or reusable containers for beverages, food and condiments?
(6)Do you provide reusable serving utensils, napkins and tablecloths when food and beverages are served?
(7)Do you have an energy efficiency program? Please describe.
(8)Do you have a water conservation program? Please describe.
(9)Does your facility provide guests with paperless check-in & check-out?
(10)Does your facility use recycled or recyclable products? Please describe.
(11)Do you provide training to your employees on these green initiatives? Please describe.
(12)What other environmental initiatives have you undertaken, including any environment-related certifications you possess, EPA voluntary partnerships in which you participate, support of a green suppliers network, or other initiatives? Include “Green Meeting” information in your quotation so that we may consider environmental preferability in selection of our meeting venue. [FR Doc. E7-3114 Filed 2-22-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [I.D. 021507B] South Atlantic Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of public hearings. SUMMARY: The South Atlantic Fishery Management Council (Council) will convene a series of public hearings regarding Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. Amendment 18 will modify the total allowable catch
(TAC)for the Atlantic migratory group king mackerel and Spanish mackerel fisheries, and change the commercial trip limits for Spanish mackerel to reflect recent changes in the fishing year. DATES: The public hearings will be held in March 2007. See SUPPLEMENTARY INFORMATION for the specific dates and times of the public hearings. Written comments must be received in the Council office (see ADDRESSES ) by close of business on April 10, 2007. ADDRESSES: Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405, or via email to *MackerelAmendment18@safmc.net* . Copies of the public hearing document are available from Kim Iverson at the address above or by calling 843-571-4366 or toll free at 866/SAFMC-10. FOR FURTHER INFORMATION CONTACT: Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone: 843-571-4366; fax: 843-769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: The Council initiated a regulatory amendment in June 2006 to adjust the TAC for both Atlantic migratory group king and Spanish mackerel following an assessment and report reflecting the need to reduce the current TACs. The Council is proposing to reduce the current annual TAC for king mackerel from 10.0 million lb (4.5 million kg) to 7.1 million lb (3.2 million kg), and for Spanish mackerel from 7.04 million lb (3.19 million kg) to 6.7 million lb (3.0 million kg). Amendment 18 was changed from a regulatory amendment to a plan amendment in September 2006 to allow more flexibility for alternatives. While the title has changed, the alternatives and information contained in the plan amendment remain the same. Public Hearing Dates and Locations All hearings are scheduled to begin at 6 p.m. March 12, 2007 - Hampton Inn St. Augustine Beach, 430 A1A Beach Boulevard, St. Augustine, FL 32080; phone 904/471-4000. March 13, 2007 - Hutchinson Island Marriott, 555 N.E. Ocean Boulevard, Stuart, FL 34996; phone 772/225-3700. March 14, 2007 - Sombrero Cay Club Resort, 19 Sombrero Boulevard, Marathon, FL 33050; phone 305/743-2250. March 19, 2007 - Crystal Coast Civic Center, 3505 Arendell Street, Morehead City, NC 28557; phone 252/247-3883. March 20, 2007 - Shell Island Resort, 2700 N. Lumina Avenue, Wrightsville Beach, NC 28480; phone 910/256-8696. March 21, 2007 - Baywatch Resort, 2701 S. Ocean Boulevard, North Myrtle Beach, SC 29582; phone 843/272-4600. March 27, 2007 - Hampton Inn, 678 Citadel Haven Drive, Charleston, SC 29414; phone 843/573-1200. Note: A public hearing for Amendment 18 will also be held on March 6, 2007, at 6 p.m. in conjunction with the March 5-9, 2007 meeting of the Council at the Jekyll Island Club, 371 Riverview Drive, Jekyll Island, GA 31527. Information regarding the Council meeting and hearing will be published in an upcoming **Federal Register** notice. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) by March 9, 2007. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 16, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-3126 Filed 2-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [I.D. 021507A] Western Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings and hearings. SUMMARY: The Western Pacific Fishery Management Council (Council) will hold its 137th meeting to consider and take actions on fishery management issues in the Western Pacific Region. DATES: The 137 th Council meeting and public hearings will be held on March 13 - 16, 2007. For specific times and the agenda, see SUPPLEMENTARY INFORMATION . ADDRESSES: The 137th Council meeting and public hearings will be held at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, HI 96814-4722; telephone: 808-955-4811. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone: 808-522-8220. SUPPLEMENTARY INFORMATION: In addition to the agenda items listed here, the Council will hear recommendations from other Council advisory groups. Public comment periods will be provided throughout the agenda. The order in which agenda items are addressed may change. The Council will meet as late as necessary to complete scheduled business. Schedule and Agenda for Council Standing Committee Meetings Tuesday, March 13, 2007 Standing Committee 1. 8 a.m. - 10 a.m. Marianas Archipelago Ecosystem Standing Committee 2. 10 a.m. - 12 noon Hawaii Archipelago Ecosystem Standing Committee 3. 1:30 p.m. - 3 p.m. American Samoa Archipelago Ecosystem Standing Committee 4. 3 p.m. - 4 p.m. Pelagics and International Ecosystem Standing Committee 5. 4 p.m. - 6 p.m. Program Planning/Research & Executive/Budget Standing Committee The agenda during the full Council meeting will include the items listed here. Schedule and Agenda for Council Meeting 9 a.m. - 5 p.m. Wednesday, March 14, 2007 1. Introductions 2. Approval of Agenda 3. Approval of 135th and 136th Meeting Minutes 4. Agency Reports A. NMFS 1. Pacific Islands Regional Office
(PIRO)2. Pacific Islands Fisheries Science Center (PIFSC) B. NOAA General Counsel C. United States Fish and Wildlife Service (USFWS) 5. Mariana Archipelago A. Island Area Reports 1. Commonwealth of the Northern Mariana Islands
(CNMI)2. Guam B. Enforcement Reports 1. CNMI Enforcement Agency Report 2. Guam Enforcement Agency Report 3. United States Coast Guard
(USCG)Enforcement Report 4. NMFS Office for Law Enforcement
(OLE)Report 5. Status of Violations C. Micronesian Challenged D. CNMI/Guam Bottomfish Assessment E. Mariana Turtle Research F. Federal Monitoring and Reporting Program for CNMI G. Mariana Community Initiatives 1. Report on CNMI Advisor and Regional Ecosystem Advisory Council
(REAC)Meetings 2. Report on Guam Advisor and REAC Meetings 3. Report on Guam Voluntary Data Collection Program H. Scientific and Statistical Committee
(SSC)Recommendations I. Standing Committee Recommendations J. Public Comment K. Council Discussion and Action 6. American Samoa Archipelago A. Island Area Reports B. Enforcement Reports 1. Agency Enforcement Report 2. USCG Enforcement Report 3. NMFS OLE Report 4. Status of Violations 5. United States Cook Islands Longline Fishing Access C. Status of Products from American Samoa/Samoa MOU D. Status of Fisheries Development in American Samoa 1. Impact to New Minimum Wage Laws 2. Economic Study E. Report on Protected Species Interaction in American Samoa Longline Fishery F. American Samoa Turtle Research G. American Samoa Bottomfish Stock Assessment H. American Samoa Community Initiatives 1. Advisory Group Meetings 2. Legislative Actions H. SSC Recommendations I. Standing Committee Recommendations J. Public Comment K. Council Discussion and Action 9 a.m. 5 p.m. Thursday, March 15, 2007 9. Hawaii Archipelago A. Island Area Reports B. Enforcement Reports 1. Agency Enforcement Report 2. USCG Enforcement Report 3. NMFS OLE Report 4. Status of Violations 5. Automatic Identification System Pilot Project Report 6. NMFS Vessel Monitoring System
(VMS)Policy 7. Status of Electronic Logbook Reporting Certification Program C. Protected Resources 1. Hawaiian Green Sea Turtle Recovery 2. Monk Seal Fatty Acid Study 3. Marine Mammal Advisory Committee Recommendations D. NOAA Updates 1. Humpback Whale Sanctuary five-year plan 2. Pacific Services Center E. Northwestern Hawaiian Islands
(NWHI)Monument 1. Hawaii Longline Transit Notification in NWHI 2. NWHI Bottomfish a. Heleuma “Anchoring” b. Hoomau Hookahua “Combining” (ACTION ITEM) F. Hawaii Bottomfish Research, Monitoring, and Compliance Plan G. Status of Hawaii Bottomfish Overfishing Actions 1. State of Hawaii Bottomfish Action 2. Federal Actions (ACTION ITEM) H. Hawaii Community Initiatives 1. Hoohanohano I Na Kupuna Puwalu III Report 2. Report on Development of Hawaii CDP 3. Report on Hawaii Community Meetings 4. Legislative Actions I. SSC Recommendations J. Standing Committee Recommendations K. Public Hearing L. Council Discussion and Action 8. Pelagic and International Fisheries A. Pelagic Total Allowable Catch
(TAC)Framework (ACTION ITEM) B. International Longline Shark Study C. Longline Management 1. Guam Longline Area Closure (ACTION ITEM) 2. Hawaii Swordfish Effort Limit Modification (ACTION ITEM) D. American Samoa and Hawaii Longline Reports E. South Pacific Tuna Treaty and United States Longliners F. Hawaii Longline Fishery and United Nations Food and Agriculture Organization
(FAO)Code of Conduct G. International Fisheries Management 1. Western and Central Pacific Fisheries Commission III, Apia, Samoa, Report 2. Tuna Regional Fishery Management Organizations Meeting, Kobe Japan, Report 3. Bycatch Consortium, Honolulu, Hawaii, Report 4. Inter-American Tropical Tuna Commission Bigeye Tuna/Yellowfin Tuna Management Meeting, La Jolla, California, Report H. SSC Recommendations I. Standing Committee Recommendations J. Public Hearing K. Council Discussion and Action 9 a.m. - 5 p.m. Friday, March 16, 2007 9. Program Planning A. Magnuson Act Reauthorization 1. Environmental Review Process (PUBLIC HEARING) 2. Other Provisions B. Report on State Disaster Relief Program C. Council Aquaculture Policy D. Status of Fishery Management Actions E. Education and Outreach Report F. Standing Committee Recommendations G. Public Comment H. Council Discussion and Action 10. Administrative Matters & Budget A. Financial Reports B. Administrative Reports C. Meetings and Workshops D. Council Family Changes 1. Advisory Group Changes E. Standard Operating Procedures and Policies
(SOPP)F. Council Committee Assignments G. Standing Committee Recommendations H. Public Comment I. Council Discussion and Action 11. Other Business A. Next Meeting Background Information 1. NWHI Monument-Hoomau Hookahua “Combining” (ACTION ITEM) On June 15, 2006, President George W. Bush issued Presidential Proclamation No. 8031 establishing the Northwestern Hawaiian Islands Marine National Monument (Monument). The proclamation set apart and reserved the Northwestern Hawaiian Islands for the purpose of protecting the historic objects, landmarks, prehistoric structures and other objects of historic or scientific interest that are situated upon lands owned and controlled by the Federal Government of the United States. In establishing the NWHI monument, Proclamation No. 8031 assigns primary management responsibility of marine areas to the Secretary of Commerce, through the National Oceanic and Atmospheric Administration
(NOAA)in consultation with the Secretary of the Interior. The Proclamation also directed the Secretaries to promulgate regulations to prohibit access to the Monument, restrict fishing in Ecological Reserves and Special Preservation Areas, establish annual catch limits for bottomfish and pelagic species, prohibit anchoring, and require VMS on all vessels, among other management measures. Regulations implementing these provisions were published at 71 FR 51134 on August 29, 2006. At its 135 th Council meeting held in October 2006, the Council was presented with information on the effects of measures on the NWHI bottomfish fishery and its operations, including the over representation of Ecological Reserves and Special Preservation Areas in the Hoomalu Zone (Both of the Ecological Zones and seven of the nine Special Preservation Areas are located in the Hoomalu Zone). As of February 2007, NOAA has not conducted an environmental review to assess the biological or social impacts of the monument designation. At its 137th Meeting, the Council may consider taking action to alleviate the of the Monument designation by considering options to alter the zoning structure of the NWHI permit areas. 2. Hawaii Bottomfish Overfishing-Federal Action (ACTION ITEM) On May 27, 2005, NMFS informed the Council that the Hawaii Archipelagic bottomfish stock complex, which occurs in both Federal and state jurisdictions, was determined to be experiencing overfishing, with the primary problem being excess fishing mortality in the MHI. The Council prepared and transmitted to NMFS in May, 2006, Amendment 14 to the Bottomfish FMP, which proposed to close waters of Penguin and Middle Banks to fishing for bottomfish in order to end overfishing, however this action has not been processed by NMFS. Since the amendment transmittal, several notable and potentially significant things have occurred which may affect management of the bottomfish fishery in the Hawaiian Archipelago including:
(A)a phase-out of the bottomfish fishery by 2011 in the NWHI as mandated through the Presidential Monument designation;
(B)a new stock assessment was completed by PIFSC which concluded the required reduction in fishing mortality should be 24 percent rather than 15 percent as previously indicated to end overfishing;
(C)Congress passed the newly reauthorized Magnuson-Stevens Act which contains new provisions that will affect management of the bottomfish fishery, including a requirement to move towards management incorporating total allowable catch
(TAC)levels for all fisheries and a provision requiring State consistency with Federal fishery management plans; and
(D)the State further revised their proposed new Bottomfish Restricted Areas in July 2006 resulting in reduced mortality reduction benefits. In light of the events described above, the Council will consider several new management options to end overfishing in the bottomfish fishery. Options include a seasonal closure for both the commercial and recreational fishery which results in a 24 percent reduction of mortality; several different alternatives for management of the fishery using a total allowable catch
(TAC)designed to result in the 24 percent reduction of fishing mortality including management using a TAC in combination with a limited access program, using a TAC with individual fishing quota
(IFQ)allocation; using a TAC for the commercial sector and trip limits for the recreational sector; and combining a TAC with an annual seasonal closure during the period of highest spawning activity. At its 137 th meeting, the Council may take action to modify the proposed bottomfish management recommendation or develop modified alternatives based on recommendations from advisory bodies and public comments received. 3. Pelagic TAC Framework (ACTION ITEM) At its 137 th meeting, the Council may take action to adjust the framework process within the Pelagics Fishery Management Plan
(PFMP)to allow for the implementation of longline catch limits stemming from the decisions of the two Pacific tuna Regional Fishery Management Organizations (RFMOs). International management and conservation of bigeye tuna in the Pacific is the responsibility of the Western and Central Pacific Fishery Commission (WCPFC) and the Inter-American Tropical Tuna Commission (IATTC). The two Pacific tuna RFMOs have already implemented limits on fleet-wide catches of bigeye tuna by longline vessels, and it is likely that further measures may also be applied to other tunas caught by longliners. Currently, there is no mechanism by U.S. catch limits established by an RFMO can be efficiently implemented through the Magnuson-Stevens Act
(MSA)process by the Western Pacific Council. At its 136th meeting, the Council recommended that the framework process for the PFMP, implemented under Amendment 7 to the PFMP, be revised to give the Council the ability to implement catch limits for the harvesting of pelagic fish by longline vessels. An amendment to the PFMP typically requires approximately one year for the completion of necessary documentation, analysis Secretarial review and approval, and implementation. Pacific RFMO tuna harvest limits are likely to change annually, based on the results of stock assessments and other changes in the fishery. Timely domestic implementation of catch limits stemming from the tuna RFMOs will require that abbreviated background work and documentation be prepared in advance of RFMO decisions. The framework process is designed for this situation. Under this process the Council will prepare and review analyses of anticipated impacts of a likely range of catch limits. This analysis will then be used by the Council to accept or modify the RFMO decisions under the MSA. All analyses will be subject to public review and comment, as will any proposed rule resulting from this process. 4. Guam Longline Area Closure (ACTION ITEM) Until recently, longlining has not been conducted by U.S. vessels based out of ports in the Mariana Islands (Guam and the Commonwealth of the Northern Mariana Islands). In 2006, however, the Guam Fishermen's Cooperative
(GFC)began operating a longline vessel, fishing primarily within the EEZ waters around Guam using a 60ft fishing vessel converted to longlining through assistance from the Council's Community Demonstration Project Program (CDPP). However, the operations of the GFC vessel are limited due to a 50 nautical mile area closure for longline and purse seine vessels around the island of Guam and its offshore banks, implemented in 1992 through Amendment 5 to the Pelagics Fishery Management Plan (PFMP). At that time there was no domestic Guam longline fishery but troll fishermen were concerned about an influx of longline vessels from outside the territory following the expansion of the Hawaii longline fishery after 1987. In response to these concerns, the Council recommended the implementation of the 50 nm Guam longline area closure. The original concerns about expansion of U.S. longline fishing home-ported out of Guam through vessels migrating from other parts of the US now appear to be unfounded. As such the area closures developed in the early 1990s may now be an unnecessary impediment to the continued growth of 'domestic' longlining on Guam. However, troll fishermen on Guam may still wish to see some form of protection from gear conflict with longline fishing. At its 137th meeting thus the Council may take action to modify the existing longline area closure boundaries or develop some form of exemption process which may allow controlled access to the closed area for longline vessels. 5. Hawaii Swordfish Effort Limit Modification (ACTION ITEM) The Hawaii Longline Association
(HLA)has petitioned the Western Pacific Council to eliminate current fishing effort limits for swordfish longline fishing and allow an expansion of Hawaii-based shallow-set fishing effort. HLA's petition cites new information establishing that sea turtle bycatch and mortality have been markedly reduced in this fishery to the extent practicable and is rare events. Moreover, the HLA petition states that limits on fishing effort in Hawaii do more harm than good for sea turtles by shifting fishing effort to foreign fisheries that have much higher sea turtle bycatch and mortality rates. The Hawaii-based longline swordfish fishery began in 1988, and grew rapidly to become a major U.S. fresh fish supplier. By the late 1990s, the Hawaii-based swordfish fishery supplied 37 to 47 percent of the total annual U.S. domestic swordfish consumption. Until early 2001, the Hawaii-based longline shallow-set (swordfish-target) fishery was managed under Federal regulations in combination with the Hawaii-based longline deep-set (tuna-target) fishery. However, as a result of a highly dynamic regulatory environment that began in 2000, the two Hawaii-based longline fisheries are now separately managed. In March 2001, fishing restrictions were imposed that prohibited Hawaii-based longline vessels from targeting swordfish and, accordingly, Hawaii swordfish production collapsed. In late 2003, Federal regulations prohibiting the swordfish component of the Hawaii-based longline fishery were invalidated in Federal court. As a consequence, new fishery regulations were adopted effective April 2, 2004, which provide for limited shallow-set fishing effort (2,210 sets annually) subject to stringent operational requirements for 18.0 circle hooks, mackerel-type bait, and highly conservative incidental take limits adopted for protected sea turtle species. Under the proposal advanced by HLA the current fishing effort limit of only 2,120 shallow sets each year would be eliminated. With the elimination of fishing effort-based restrictions, new sea turtle take limits would be adopted consistent with the expected level of shallow-set fishing effort. The HLA petition indicated that due to significant reductions in the rate of serious injuries and mortalities, the expected mortality would increase by less than 1 loggerhead sea turtle, and would remain the same or decrease for leatherback, green and olive ridley sea turtles, in comparison to the existing regulatory regime. In addition, the HLA petition asserts that by eliminating the considerable adverse impact on sea turtles from domestic consumption of swordfish caught in largely unregulated fisheries, the impact of global fishing on Pacific sea turtle populations as a whole would be reduced by hundreds of sea turtles each year. At its 137th Meeting, the Council will consider the HLA petition and may decide to take action to modify the current management of the Hawaii swordfish fishery. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, 808-522-8220 (voice) or (808)522-8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 16, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-3137 Filed 2-22-07; 8:45 am] BILLING CODE 3510-22-S 72 36 Friday, February 23, 2007 Notices COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Deletions ACTION: Proposed Deletions from Procurement List. SUMMARY: This action deletes from the Procurement List products and services previously furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must be Received on or Before:* March 25, 2007. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Sheryl D. Kennerly, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)
(2)and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for deletion from the Procurement List. End of Certification The following products and services are proposed for deletion from the Procurement List: Products Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9810—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9811—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9812—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9813—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9817—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9818—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9833—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9834—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9842—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9843—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-491-9845—Clock, Atomic, Standard, Thermometer. NSN: 6645-01-492-0379—Clock, Atomic, Standard, Thermometer. NPA: The Chicago Lighthouse for People who are Blind or Visually Impaired, Chicago, IL. *Contracting Activity:* Office Supplies & Paper Products Acquisition Ctr, New York, NY. Harness, Safety Shoulder. NSN: 2540-00-432-1343—Harness, Safety Shoulder. NPA: Huntsville Rehabilitation Foundation, Huntsville, AL. *Contracting Activity:* Defense Supply Center Columbus, Columbus, OH. Pencil, Mechanical, Push-Action (MD). NSN: 7520-01-484-3907—Pencil, Mechanical, Push-Action (MD). NSN: 7520-01-484-3908—Pencil, Mechanical, Push-Action (MD). NPA: San Antonio Lighthouse for the Blind, San Antonio, TX. *Contracting Activity:* Office Supplies & Paper Products Acquisition Ctr, New York, NY. Table, Printer. NSN: 7110-01-226-1707—Table, Printer. Bookcase. NSN: 7110-01-148-2414—Bookcase. NSN: 7110-01-276-3627—Bookcase. Cabinet, Telephone. NSN: 7110-01-148-2421—Cabinet, Telephone. Credenza. NSN: 7110-00-762-5513—Credenza. NSN: 7110-01-148-2419—Credenza. NSN: 7110-01-276-3628—Credenza. NSN: 7110-01-276-3629—Credenza. Desk. NSN: 7110-01-148-2410—Desk. NSN: 7110-01-148-2411—Desk. NSN: 7110-01-170-3594—Desk. NSN: 7110-01-170-3595—Desk. NSN: 7110-01-170-3596—Desk. NSN: 7110-01-170-3597—Desk. NSN: 7110-01-170-3598—Desk. NSN: 7110-01-170-7582—Desk. Storage Unit, Overhead. NSN: 7110-01-276-3625—Storage Unit, Overhead. *NPA:* Unknown. *Contracting Activity:* GSA, National Furniture Center, Arlington, VA. Services *Service Type/Location:* Grounds Maintenance, U.S. Army Reserve Center (Lawton), 900 Cache Road, Lawton, OK. *Service Type/Location:* Janitorial/Custodial, U.S. Army Reserve Center (Lawton), 900 Cache Road, Lawton, OK. *NPA:* Goodwill Industries of Southwest Oklahoma, Inc., Lawton, OK. *Contracting Activity:* Department of the Army. *Service Type/Location:* Janitorial/Custodial, 926th Fighter Wing, Naval Air Station Joint Reserve Base, New Orleans, LA. *NPA:* Goodworks, Inc., New Orleans, LA. *Contracting Activity:* 301st Operational Contracting, Ft. Worth, TX. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E7-3125 Filed 2-22-07; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Correction of Notice of Deletion In the document appearing on page 3782, FR Doc E7-1271, Procurement List Additions and Deletions, in the issue of Friday, January 26, 2007, in the first column, the Committee published deletion of a service for Grounds Maintenance, Marine Corps Air Station, San Diego, CA. This notice corrects that deletion of the service to read as follows: for Grounds Maintenance, Marine Corps Air Station, Bachelors Quarters Only, San Diego, CA. The other deletions announced in the Notice remain the same. The effective date of February 25, 2007 remains the same. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E7-3130 Filed 2-22-07; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021607F] Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene the Standing Scientific and Statistical Committee
(SSC)to address four issues (see SUPPLEMENTARY INFORMATION ). DATES: The meeting will begin at 8:30 a.m. on Thursday, March 15 &16, 2007 and conclude by 3 p.m. ADDRESSES: *Meeting address* : The meeting will be held at the Four Points by Sheraton, 6401 Veterans Memorial Blvd., Metairie, LA 70003. *Council address* : Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Wayne Swingle, Executive Director, Gulf of Mexico Fishery Management Council; telephone: 813-348-1630. SUPPLEMENTARY INFORMATION: The SSC will address these issues: Review and provide guidance on the draft provisions of Reef Fish Amendment 27 and Shrimp Amendment 14 which set manage measures to rebuild the red snapper resource in the Gulf of Mexico. Review the SEDAR 12 assessment of red grouper in the Gulf of Mexico. The SSC will determine if the SEDAR 12 Review Panel reports are based on the best available information. The SSC may provide guidance to the Council about the results of the assessment and research recommendations made by the SEDAR panels. Examine the availability of new information on Gulf of Mexico red drum and provide guidance to the Council on whether a SEDAR benchmark assessment can be conducted and may comment on new research or data collections would be necessary to adequately conduct such an assessment. Review the provisions of the Scoping document for Reef Fish Amendment 30 which includes gag and red grouper, greater amberjack and gray triggerfish management measures to determine if they are scientifically sound based on the recent SEDAR assessments of these species. A copy of the agenda and related materials can be obtained by calling the Council office at 813-348-1630. Although other non-emergency issues not on the agendas may come before the Standing Scientific and Statistical Committee (SSC), in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (M-SFCMA), those issues may not be the subject of formal action during this meeting. Actions of the Standing Statistical Committee
(SSC)will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the M-SFMCA, provided the public has been notified of the Council's intent to take action to address the emergency. These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least five working days prior to the meeting. Dated: February 16, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-3057 Filed 2-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 060824225-6225-01; I.D. 021207A] Fisheries in the Western Pacific; Western Pacific Crustacean Fisheries; 2007 Harvest Guideline AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of harvest guideline for crustaceans. SUMMARY: NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands
(NWHI)for calendar year 2007 is established at zero lobsters. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS Pacific Islands Region, 808-944-2271. SUPPLEMENTARY INFORMATION: The NWHI commercial lobster fishery is managed under the Fishery Management Plan for the Crustacean Fisheries of the Western Pacific Region (Crustaceans FMP). The regulations at 50 CFR 665.50(b)(2) require NMFS to publish an annual harvest guideline for lobster Permit Area 1, comprised of Federal waters around the NWHI. The NWHI commercial lobster fishery, which operates almost exclusively within 50 nm of the NWHI archipelago, has been closed since 2000, initially as a precautionary action to prevent overfishing of spiny and slipper lobster resources while NMFS conducted biological research and assessed the status of the lobster stocks. In 2001, the U.S. District Court for the District of Hawaii ordered the fishery to remain closed until an environmental impact statement and a biological opinion were prepared for the Crustaceans FMP. Also in December 2000 and January 2001, the NWHI Coral Reef Ecosystem Reserve (Reserve) was established by Executive Order which, among other provisions, prohibited commercial lobster fishing in the Reserve. The boundary of the Reserve extended to a distance of 50 nm seaward from the islands of the NWHI. On June 15, 2006, Presidential Proclamation No. 8031 established the NWHI Marine National Monument. The Proclamation requires that any commercial lobster fishing permit shall be subject to a zero annual harvest limit. The Proclamation also prohibited unpermitted removal, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving monument resource. Subsequently, NOAA and the U.S. Fish and Wildlife Service jointly promulgated regulations implementing the Proclamation, including these measures (71 FR 51134, August 29, 2006), to be codified at 50 CFR part 404. Consistent with the regulatory provisions that establish the unpermitted removal of monument resources and zero annual harvest guideline (50 CFR 404.7 and 404.10(a), respectively), NMFS establishes the harvest guideline at zero lobsters for the NWHI commercial lobster fishery for calendar year 2007; thus, no harvest of NWHI lobster resources is allowed. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 16, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-3147 Filed 2-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021607I] Endangered Species; File No. 1547-01 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; application for permit modification; request for comments. SUMMARY: Notice is hereby given that the New York State Department of Environmental Conservation (Kathryn Hattala, Principal Investigator), 21 South Putt Corners Road, New Paltz, NY 12561, has applied in due form for a permit modification to take shortnose sturgeon ( *Acipenser brevirostrum* ) for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before March 26, 2007. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298; phone (978)281-9328; fax (978)281-9394. Written comments or requests for a public hearing on this modification should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this permit modification would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail to *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “File No. 1547-01.” FOR FURTHER INFORMATION CONTACT: Malcolm Mohead or Brandy Hutnak, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226). Currently, the New York State Department of Environmental Conservation is authorized in Permit No. 1547 to conduct scientific research to evaluate seasonal movement of shortnose sturgeon in Haverstraw and Newburgh Bays of the Hudson River. A maximum of 500 adult and juvenile shortnose sturgeon can be captured with gill nets, measured, weighed, scanned for tags, PIT and Carlin tagged (if untagged), and released annually. The applicant now proposes to collect soft fin-ray tissue samples from all captured shortnose sturgeon. The goal of the additional research would be to document and map the genetic identity of shortnose sturgeon in the Hudson River. The modification would run concurrently with the original permit until October 31, 2011. Dated: February 16, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-3149 Filed 2-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Navy Notice of Public Hearings for the Draft Supplemental Environmental Impact Statement (DSEIS) for the Introduction of F/A-18 E/F (Super Hornet) Aircraft to the East Coast of the United States (Construction and Operation of an Outlying Landing Field) AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Department of the Navy
(DON)has prepared and filed with the U.S. Environmental Protection Agency
(EPA)a DSEIS to provide additional analysis of the potential environmental consequences associated with the construction and operation of an Outlying Landing Field
(OLF)to support Field Carrier Landing Practice
(FCLP)operations of F/A-18 E/F (Super Hornet) squadrons stationed at Naval Air Station
(NAS)Oceana, VA and Marine Corps Air Station
(MCAS)Cherry Point, NC. The analysis supplements the evaluation presented in the Final Environmental Impact Statement (Final EIS) for the Introduction of F/A-18 E/F (Super Hornet) Aircraft to the East Coast of the United States, which was released to the public in July 2003, and is not to be considered independent of the Final EIS. Public hearings will be held to provide information and receive oral and written comments on the DSEIS. Federal, state, and local agencies, and interested individuals are invited to be present or represented at hearings. DATES AND ADDRESSES: Six public hearings will be held. Each scheduled public hearing will be preceded by an open information session to allow interested individuals to review information presented in the DSEIS. DON representatives will be available during the information session to provide clarification as necessary related to the DSEIS. Each information session will occur from 4:30 p.m. to 6:30 p.m., followed by the formal public hearing from 7 p.m. to 10 p.m. Public hearings have been scheduled at the following dates and locations: Monday, March 19, 2007, Mattamuskeet Elementary School, 60 Juniper Bay Road, Swan Quarter, NC. Tuesday, March 20, 2007, Bertie High School, 715 U.S. Highway 13 North, Windsor, NC. Wednesday, March 21, 2007, Perquimans County High School, 305 Edenton Road, Hertford, NC. Thursday, March 22, 2007, Craven County Community College, Orringer Hall, 800 College Court, New Bern, NC. Tuesday, April 3, 2007, Beaufort Community College, 5337 U.S. Highway 264 East, Washington, NC. Wednesday, April 4, 2007, Vernon G. James Research and Extension Center, North Carolina State University, 207 Research Station Road, Plymouth, NC. FOR FURTHER INFORMATION CONTACT: Naval Facilities Engineering Command Atlantic, OLF SEIS PM, Code EV2, 6506 Hampton Blvd., Norfolk, VA, facsimile 757-322-4894. SUPPLEMENTARY INFORMATION: The DON has prepared and filed with the EPA the DSEIS for the Introduction of F/A-18 E/F (Super Hornet) Aircraft to the East Coast of the United States (Construction and Operation of an Outlying Landing Field) in accordance with the requirements of the National Environmental Policy Act
(NEPA)of 1969 (42 U.S.C. Sections 4321-4345) and its implementing regulations (40 CFR parts 1500-1508). A Notice of Intent for this DSEIS was published in the **Federal Register** on June 24, 2005 (70 FR 36556). The DON is lead agency for the proposed action with the U.S. Fish and Wildlife Service serving as a cooperating agency. The proposed action is to construct and operate an OLF to support FCLP operations of Super Hornet squadrons stationed at NAS Oceana, VA and MCAS Cherry Point, NC. This is a component of the proposed action evaluated in the Final EIS to provide facilities and functions to support the homebasing and operation of these squadrons. A Record of Decision
(ROD)on the homebasing and operation of the Super Hornet squadrons was published in the **Federal Register** on September 10, 2003 (68 FR 53353). The ROD documented the DON's decision to homebase eight Super Hornet fleet squadrons and the Fleet Replacement Squadron
(FRS)at NAS Oceana, and two fleet squadrons at MCAS Cherry Point, and to construct an OLF between the two air stations in Washington County, NC (Site C). In January 2004, the DON's decision to construct and operate an OLF at Site C was challenged under the Administrative Procedure Act (5 U.S.C. Section 551 *et seq.* ). On February 18, 2005, the U.S. District Court for the Eastern District of North Carolina held that the Final EIS was deficient and enjoined the DON from taking any further activity associated with the planning, development, or construction of the OLF at Site C until the DON fully complied with NEPA regarding construction and operation of an OLF. On September 7, 2005, the U.S. Court of Appeals for the Fourth Circuit affirmed, in part, the decision of the district court. This SDEIS addresses those areas identified by the courts that require additional analysis. These include:
(1)Evaluation of potential impacts to migratory waterfowl and the Pocosin Lakes National Wildlife Refuge;
(2)evaluation of impacts associated with surge operations;
(3)identification and evaluation of mitigative measures; and
(4)evaluation of cumulative impacts of the operation of the OLF and other military uses of airspace in North Carolina. Additional analysis of the existing and projected noise environment was warranted given the comprehensive scope of the impact of the proposed action on migratory waterfowl. Analysis of other resource areas was warranted to address federal permit and approval requirements (i.e., wetlands, and threatened and endangered species). Furthermore, an additional analysis of relevant socioeconomic factors was conducted to evaluate the land acquisition strategy. The DON's decision to homebase ten Super Hornet fleet squadrons and the FRS on the East Coast was not reevaluated. That aspect of the DON's proposed action, including aircraft operations, personnel transitions, and new construction and renovation to support the Super Hornet squadrons is being implemented at NAS Oceana and MCAS Cherry Point. The five alternative OLF sites in Northeastern North Carolina that were evaluated in the Final EIS to support homebasing of the Super Hornet squadrons at NAS Oceana and MCAS Cherry Point are considered in the DSEIS, in addition to the no-action alternative. These are Site A in Perquimans County, Site B in Bertie County, Site C in Washington County, Site D in Hyde County, and Site E in Craven County. The Navy's preferred alternative for construction and operation of an OLF is Site C, in Washington County, NC. The DSEIS has been distributed to various Federal, state, and local agencies, as well as other interested individuals and organizations. In addition, copies of the DSEIS have been distributed to the following libraries and publicly accessible facilities for public review: Bath Community Library, 100 Carteret Street, Bath, NC. Beaufort/Hyde/Martin Regional Library, Old Court House, 158 N. Market Street, Washington, NC. Belhaven Public Library, 333 E. Main Street, Belhaven, NC. George H. & Laura E. Brown Library, 122 Van Norden Street, Washington, NC. Havelock-Craven County Library, 301 Cunningham Boulevard, Havelock, NC. Hazel W. Guilford Memorial Library, 524 Main Street, Aurora, NC. Lawrence Memorial Library, 204 E. Dundee Street, Windsor, NC. Mattamuskeet Public School Library, 20418 U.S. Route 264, Swan Quarter, NC. New Bern Craven County Public Library, 400 Johnson Street, New Bern, NC. Perquimans County Library, 110 West Academy, Hertford, NC. Vernon James Research and Extension Center Library, North Carolina State University, 207 Research Station Road, Plymouth, NC. Washington County Library, 201 East Third Street, Plymouth, NC. Chesapeake Central Library, 298 Cedar Road, Chesapeake, VA. Virginia Beach Central Library, 4100 Virginia Beach Boulevard, Virginia Beach, VA. Craven County Planning Department, 2828 Neuse Boulevard, New Bern, NC. Bertie County Manager's Office, 106 Dundee Street, Windsor, NC. Washington County Manager's Office, 116 Adams Street, Plymouth, NC. Perquimans County Manager's Office, 128 North Church Street, 2d Floor, Hertford, NC. Hyde County Manager's Office, 1372 Main Street, Swan Quarter, NC. An electronic copy of the DSEIS is also available for public viewing at *http://www.olfseis.com.* Requests for single copies of the DSEIS (on CD-ROM) or its Executive Summary may be made online at *http://www.olfseis.com* or by calling 1-866-615-6477. Federal, state, and local agencies, as well as interested parties, are invited and encouraged to be present or represented at the hearings. To ensure the accuracy of the record, all statements presented orally at the public hearings should be submitted in writing. All comments will become part of the public record and will be responded to in the Final Supplemental Environmental Impact Statement (FSEIS). Equal weight will be given to oral and written statements. In the interest of available time, and to ensure all who wish to give an oral statement at the public hearings have the opportunity to do so, each speaker's comments will be limited to three minutes. If a longer statement is to be presented, it should be summarized at the public hearing and the full text submitted in writing either at the hearing or mailed or faxed to: Commander, Naval Facilities Engineering Command Atlantic, *Attn:* OLF SEIS Project Manager, 6506 Hampton Blvd., Norfolk, VA 23508-1278, facsimile 757-322-4894. Residents from the county where the public hearing is being held will be given first priority to speak publicly, to ensure that county's residents have an opportunity to make verbal comments. Residents will be required to sign in to speak. Comments can be made in the following ways:
(1)Oral statements/written comments at the public hearings or
(2)written comments mailed or faxed to address/fax number in this notice or submitted via the Web site at *http://www.olfseis.com.* All written comments postmarked by April 24, 2007, will become a part of the official public record and will be responded to in the FSEIS. Dated: February 15, 2007. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E7-3045 Filed 2-22-07; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent To Grant Exclusive Patent License; Hanson Technologies, Inc. AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Department of the Navy hereby gives notice of its intent to grant to Hanson Technologies, Inc., a revocable, nonassignable, exclusive license in the field of detection of pathogens, toxins, prions, and allergens in food for human consumption, and detection of pathogens, toxins, prions, and allergens in food processing for human consumption, including wash liquids and waste products of said process in the United States and certain foreign countries, the Government-owned invention described in U.S. Patent No. 6,192,168: REFLECTIVELY COATED OPTICAL WAVEGUIDE AND FLUIDICS CELL INTEGRATION, Navy Case No. 79,631 and any continuations, divisionals, or re-issues thereof. DATES: Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than March 12, 2007. ADDRESSES: Written objections are to be filed with the Naval Research Laboratory, Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320. FOR FURTHER INFORMATION CONTACT: Rita Manak, Head, Technology Transfer Office, NRL Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320, telephone 202-767-3083. Due to U.S. Postal delays, please fax 202-404-7920, e-mail: *rita.manak@nrl.navy.mil* or use courier delivery to expedite response. (Authority: 35 U.S.C. 207, 37 CFR Part 404.) Dated: 15 February 2007. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E7-3104 Filed 2-22-07; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before April 24, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: February 16, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* Impact Evaluation on Student Achievement of Teacher Professional Development in Mathematics. *Frequency:* On Occasion. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 3,309. *Burden Hours:* 1,571. *Abstract:* Data collection to test a model of math professional development that addresses student misconceptions in foundational topics key to success in algebra and beyond. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3282. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E7-3109 Filed 2-22-07; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6684-4] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 7, 2006 (71 FR 17845). Draft EISs EIS No. 20060155, ERP No. D-NPS-J65461-CO, Great Sand Dunes National and Preserve. General Management Plan/Wilderness Study, Implementation, Alamos and Saguache Counties, CO. *Summary:* EPA does not object to the proposed project. Rating LO. EIS No. 20060203, ERP No. D-BLM-J01081-WY, Maysdorf Coal Lease by Application
(LBA)Tract, (Federal Coal Application WYW154432), Implementation, Campbell Counties, WY. *Summary:* EPA expressed environmental concerns about the potential for adverse impacts to air quality. The Final EIS should include information demonstrating how compliance with national air quality standards for particulate matter will be achieved and as well as a more detailed mitigation plan. Rating EC2. EIS No. 20060380, ERP No. D-AFS-J67033-CO, Robin Redbreast Unpatented Lode Claim Mining Plan of Operations, Implementation, U.S. Army COE Section 404 Permit, Located above the Middle Fork of the Cimarron River within the Uncompahgre Wilderness, Ouray Ranger District, Grand Mesa, Uncompahgre and Gunnison National Forests, Hinsdale County, CO. *Summary:* EPA expressed environmental concerns about impacts to water quality from acid mine drainage. The Final EIS should include additional analysis of groundwater conditions and flow rates and more information regarding water treatment to meet water quality criteria. Rating EC2. EIS No. 20060526, ERP No. D-AFS-G65102-NM, Canadian River Tamarisk Control, Proposes to Control the Nonnative Invasive Species Tamarisk (also Known as salt cedar) Cibola National Forest, Canadian River, Harding and Mora Counties, New Mexico. *Summary:* EPA does not object to the selection of the preferred alternative. Rating LO. Final EISs EIS No. 20060513, ERP No. F-AFS-J61109-CO, Arapahoe Basin 2006 Improvement Plan, Enhancing the Recreational Experience Addressing Lifts, Parking, and Terrain Network, Montezuma Bowl, Implementation, U.S. Army COE 404 Permit, White River National Forest, Summit County, CO. *Summary:* The final EIS addressed EPA's previous concerns related to alternatives, visitation impacts and safety. The Final EIS also included a comprehensive analysis of existing conditions and actions to improve water quality, habitat and mitigation for wetlands impacts. EIS No. 20060516, ERP No. F-AFS-J65423-UT, Reissuance of 10-Year Term Grazing Permits to Continue Authorize Grazing on Eight Cattle Allotments, Permit Reissuing, Beaver Mountain Tushar Range, Millard, Piute, Garfield, Beaver and Iron Counties, UT. *Summary:* EPA continues to express environmental concerns about the potential for impacts to water quality and aquatic resources. EIS No. 20060520, ERP No. F-AFS-J65449-UT, Fishlake National Forest Off-Highway Vehicle Route Designation Project, Proposes to Designate a System of Motorized Road, Trails, and Areas to Revise and Update the Existing Motorized Travel Plan, UT. *Summary:* The Final EIS was responsive to EPA's previous concerns about the cumulative impacts analysis and the analysis of existing conditions by adding summary information from integrated riparian surveys and forest monitoring reports. EIS No. 20060524, ERP No. F-NRC-D03004-VA, Early Site Permit
(ESP)at the North Anna Power Station ESP Site (TAC No. MC1128), New and Updated Information, Construction and Operation, NUREG-1811, Louisa County, VA. *Summary:* EPA's comments from the Draft EIS and Supplemental EIS were adequately addressed in the Final EIS. EIS No. 20070004, ERP No. F-NOA-L91028-AK, Alaska Groundfish Harvest Specifications Project, Establish Harvest Strategy for the Bering Sea and Aleutian Islands
(BSAI)and Gulf of Alaska
(GOA)Groundfish Fisheries, AK. *Summary:* EPA does not object to the proposed action. Dated: February 20, 2007. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E7-3113 Filed 2-22-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6684-3] Environmental Impacts Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information
(202)564-7167 or *http://www.epa.gov/compliance/nepa/* . Weekly Receipt of Environmental Impact Statements Filed 02/12/2007 through 02/16/2007 Pursuant to 40 CFR 1506.9 *EIS No. 20070052, Draft EIS, NPS, PA* , Valley Forge National Historical Park, General Management Plan, Implementation, King of Prussia, PA, Comment Period Ends: 04/09/2007, Contact: Deirdre Gibson 610-783-1047 *EIS No. 20070053, Draft EIS, AFS, ID* , Sun Valley Resort (Bald Mountain) 2005 Master Plan—Phase I Project, Implementation, Special-Use-Permits, Sawtooth National Forest, Blaine County, ID, Comment Period Ends: 04/09/2007, Contact: Carol Brown 208-727-5000 *EIS No. 20070054, Final EIS, NPS, UT* , Utah Museum of Natural History, Construction and Operation, New Museum Facility at University of Utah, Salt Lake City, UT , Wait Period Ends: 03/26/2007, Contact: Roxanne Runkel 303-969-2377 *EIS No. 20070055, Draft EIS, AFS, ID* , Idaho Cobalt Project, Development of Two Underground Mines, a Waste Disposal Site and Associated Facilities, Approval of Plan-of-Operation, Salmon-Cobalt Ranger District, Salmon-Challis National Forest, Lemhi County, ID, Comment Period Ends: 04/24/2007, Contact: Ray Henderson 208-756-5231 *EIS No. 20070056, Draft EIS, FHW, LA* , I-49 South Project, from Raceland to the Westbank Expressway Route U.S. 90, Funding, Coast Guard Bridge Permit, U.S. Army COE Section 10 and 404 Permits, Jefferson, Lafourche, and St. Charles Parishes, LA, Comment Period Ends: 04/09/2007, Contact: Mark Stinson 225-757-7617 *EIS No. 20070057, Final EIS, FHW, NC* , Winston-Salem Northern Beltway, (Eastern Section) U.S. 52 south to I-40 Business and I-40 Business south to U.S. 311, Improvements to the Surface Transportation Network, TIP Project Nos. U2579 and U-2579A, Forsyth County, NC (THIS EIS #20070057 AND EIS #20070058 ARE COMBINED IN A SINGLE DOCUMENT.), Wait Period Ends: 03/26/2007, Contact: John F. Sullivan 919-856-4346 *EIS No. 20070058, Second Final Supplement, FHW, NC* , Western Section of the Winston-Salem Northern Beltway, Updated Information, U.S. 158 north to U.S. 52, TIP Project No. R-2247, Forsyth County, NC (THIS EIS #20070058 AND EIS 20070057 ARE COMBINED IN A SINGLE DOCUMENT.) , Wait Period Ends: 03/26/2007, Contact: John F. Sullivan 919-856-4346 *EIS No. 20070059, Final EIS, NPS, NV* , Clean Water Coalition Systems Conveyance and Operations Program,
(SCOP)Construction, Operation and Maintenance, Boulder Islands North is the Selected Alternative, City of Las Vegas, NV, Wait Period Ends: 03/26/2007, Contact: Michael Boyles 702-293-8978 *EIS No. 20070060, Final EIS, AFS, WI* , Twentymile Restoration Project Area, Restore Northern Hardwood Forests to an Uneven-aged Condition, Great Divide Ranger District, Chequamegon-Nicolet National Forest, Ashland and Bayfield Counties, WI, Wait Period Ends: 03/26/2007, Contact: Debra Proctor 715-634-4821 *EIS No. 20070061, Draft EIS, BLM, CA* , Mountain View IV Wind Energy Project, Construction and Operation, Wind Turbine Generators on Public Lands in Section 22 and 28 and Private Land Section 27, Right-of-Way Grant and Conditional Use Permit in the City of Palm Springs, CA, Comment Period Ends: 04/09/2007, Contact: Greg Hill 760-251-4840 *EIS No. 20070062, Final EIS, NPS, NE* , Niobrara National Scenic River General Management Plan, Implementation, Brown, Cherry, Keya Paha and Rock Counties, NE, Wait Period Ends: 03/26/2007, Contact: Paul Hedren 402-336-3970 *EIS No. 20070063, Draft Supplement, USN, 00* , Introduction of F/A 18 E/F (Super Hornet) Aircraft, Updated Information, Construction and Operation of an Outlying Landing Field, Naval Air Station
(NAS)Oceana, VA; Marine Corps Air Station
(MCAS)Cherry Point, NC, Comment Period Ends: 04/24/2007, Contact: Francine Blend 757-322-4332 *EIS No. 20070064, Draft Supplement, FHW, AR* , US 67 Construction, U.S. 67/167 to I-40 West/I-430 Interchange around the North Little Rock Metropolitan Area, New and Updated Information, Funding, Pulaski County, AR, Comment Period Ends: 04/12/2007, Contact: Randal Looney 501-324-6430 Dated: February 20, 2007. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E7-3112 Filed 2-22-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8280-7] Science Advisory Board Staff Office; EPA Clean Air Scientific Advisory Committee (CASAC); CASAC Lead Review Panel; Notification of a Public Advisory Committee Meeting (Teleconference) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency (EPA or Agency) Science Advisory Board
(SAB)Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel (CASAC Panel) to review and approve the CASAC's draft letter to the EPA Administrator resulting from its February 6-7, 2007 meeting to conduct a peer review of the Draft Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information (1st Draft Lead Staff Paper, December 2006) and a related draft technical support document, Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas: Pilot Phase, Draft Technical Report (Draft Lead Exposure and Risk Assessments, December 2006). DATES: The teleconference meeting will be held on Friday, March 9, 2007, from 1 to 5 p.m. (Eastern Time). FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to obtain the teleconference call-in number and access code; submit a written or brief oral statement (three minutes or less); or receive further information concerning this teleconference meeting, must contact Mr. Fred Butterfield, Designated Federal Officer (DFO). Mr. Butterfield may be contacted at the EPA Science Advisory Board (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or via telephone/voice mail:
(202)343-9994; fax:
(202)233-0643; or e-mail at: *butterfield.fred@epa.gov* . General information concerning the CASAC or the EPA SAB can be found on the EPA Web site at *http://www.epa.gov/sab* . SUPPLEMENTARY INFORMATION: *Background:* The CASAC, which is comprised of seven members appointed by the EPA Administrator, was established under section 109(d)(2) of the Clean Air Act (CAA or Act) (42 U.S.C. 7409) as an independent scientific advisory committee. The CASAC provides advice, information and recommendations on the scientific and technical aspects of issues related to air quality criteria and NAAQS under sections 108 and 109 of the Act. The CASAC is chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The CASAC Lead Review Panel consists of the seven CASAC members augmented by subject-matter-experts. The CASAC Panel provides advice and recommendations to EPA concerning lead in ambient air. The Panel complies with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Section 109(d)(1) of the CAA requires that the Agency periodically review and revise, as appropriate, the air quality criteria and the national ambient air quality standards (NAAQS) for the six “criteria” air pollutants, including Lead. On February 6-7, 2007, the CASAC Panel met in a public meeting in Durham, NC to conduct a peer review of the Agency's 1st Draft Lead Staff Paper and a related Draft Lead Exposure and Risk Assessments technical support document. The purpose of this public teleconference meeting is to review and approve the CASAC's draft letter to the Administrator resulting from its February 6-7 meeting. *Availability of Meeting Materials:* A copy of the CASAC's draft letter to the Administrator, the draft agenda, and other materials for this CASAC teleconference will be posted on the SAB Web Site at *http://www.epa.gov/sab/panels/casac_lead_review_panel.htm* prior to the meeting. *Procedures for Providing Public Input:* Interested members of the public may submit relevant written or oral information for the CASAC Lead Review Panel to consider during the advisory process. *Oral Statements:* In general, individuals or groups requesting an oral presentation at a public teleconference will be limited to three minutes per speaker, with no more than a total of 30 minutes for all speakers. Interested parties should contact Mr. Butterfield, CASAC DFO, in writing (preferably via e-mail), by March 2, 2007, at the contact information noted above, to be placed on the list of public speakers for this meeting. *Written Statements:* Written statements should be received in the SAB Staff Office by March 6, 2007, so that the information may be made available to the CASAC Panel for their consideration prior to this teleconference. Written statements should be supplied to the DFO in the following formats: one hard copy with original signature, and one electronic copy via e-mail (acceptable file format: Adobe Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP format). *Accessibility:* For information on access or services for individuals with disabilities, please contact Mr. Butterfield at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: February 16, 2007. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. E7-3115 Filed 2-22-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8280-6] Science Advisory Board Staff Office; Advisory Council on Clean Air Compliance Analysis; Notification of a Public Advisory Committee Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency (EPA or Agency), Science Advisory Board
(SAB)Staff Office announces a public meeting of the EPA's Advisory Council on Clean Air Compliance Analysis to review two draft documents associated with EPA's study on “Benefits and Costs of the Clean Air Act, 1990-2020.” DATES: The public meeting will take place March 15, 2007 (8:30 a.m.-5 p.m.) and March 16, 2007 (8:30 a.m.-12 p.m.). ADDRESSES: The meeting will be held in Suite 3700 of the U.S. Environmental Protection Agency Science Advisory Board Conference Center; 1025 F Street, NW., Washington, DC 20004, phone
(202)343-9999. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain further information about this meeting must contact Dr. Holly Stallworth, Designated Federal Officer (DFO), EPA Science Advisory Board Staff Office (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone/voice mail:
(202)343-9867 or, *stallworth.holly@epa.gov.* SUPPLEMENTARY INFORMATION: *Background:* The Advisory Council on Clean Air Compliance Analysis (Council) is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The Council is charged with providing advice, information and recommendations to the Agency on the economic issues associated with programs implemented under the Clean Air Act and its Amendments. Pursuant to a requirement under section 812 of the 1990 Clean Air Act Amendments, EPA conducts periodic studies to assess the benefits and the costs of the Clean Air Act. The Council has been the chief reviewing body for these studies and has issued advice on a retrospective study issued in 1997, a prospective study issued in 1999, and, since 2001, analytic blueprints for a second prospective study on the costs and benefits of clean air programs covering the years 1990-2020. EPA's Office of Air and Radiation
(OAR)is proceeding to implement past advice offered by the Council on its forthcoming “Second Prospective Analysis.” OAR's Web site on these section 812 studies may be found at *http://www.epa.gov/oar/sect812/.* The purpose of the meeting is for OAR to provide a status update on the ongoing 812 study (“Benefits and Costs of the CAA—1990-2020”) and for the Council to provide advice on the direct cost and the uncertainty modeling components of the study. Council members will discuss whether any additional advisory activities are needed prior to OAR's issuance of a final report. The meeting agenda and any background materials will be posted on the SAB Web Site at: *http://www.epa.gov/sab* prior to the meeting. *Procedures for Providing Public Input:* Members of the public may submit relevant written or oral information for the Council to consider during the advisory process. *Oral Statements:* In general, individuals or groups requesting an oral presentation at a public meeting will be limited to three minutes per speaker with no more than a total of fifteen minutes for all speakers. Interested parties should contact the DFO, contact information provided above, in writing via e-mail at least by March 1, 2007 in order to be placed on the public speaker list. *Meeting Accommodations:* For information on access or services for individuals with disabilities, please contact Dr. Holly Stallworth at
(202)343-9867, or via e-mail at *stallworth.holly@epa.gov.* To request accommodation of a disability, please contact Dr. Stallworth, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: February 16, 2007. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. E7-3116 Filed 2-22-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY EPA—New England Region I—EPA-R01-OW-2006-0581; FRL-8280-3] Connecticut Marine Sanitation Device Standard—Receipt of Petition AGENCY: Environmental Protection Agency (EPA). ACTION: Notice—Receipt of Petition. SUMMARY: Notice is hereby given that a petition has been received from the state of Connecticut requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Branford, East Haven, New Haven, West Haven, Orange, Milford, Stratford, Bridgeport, Fairfield, Westport, Norwalk, Darien, Stamford, and Greenwich. The proposed area also includes the Housatonic River from the Derby Dam and the Quinnipiac River from the southern border of North Haven. DATES: Comments must be received on or before April 9, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-OW-2006-0581 by one of the following methods: *www.regulations.gov* ; Follow the on-line instructions for submitting comments. • *E-mail:* *rodney.ann@epa.gov* . • *Fax:*
(617)918-0538. *Mail and hand delivery:* U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Deliveries are only accepted during the Regional Office's normal hours of operation (8 a.m.-5 p.m., Monday through Friday, excluding legal holidays), and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R01-OW-2006-0581. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected, through *www.regulations.gov* , or e-mail. The *www.regulations.gov* Web-site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Such deliveries are only accepted during the Regional Office's normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office is open from 8 a.m.-5 p.m., Monday through Friday, excluding legal holidays. The telephone number is
(617)918-1538. FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. *Telephone:*
(617)918-1538, *Fax number:*
(617)918-0538; *e-mail address: rodney.ann@epa.gov* . SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has been received from the state of Connecticut requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, pursuant to Section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available along coastlines and coastal tidal rivers within the following boundaries: Waterbody/General Area Latitude Longitude From Byram Point at the western border of Greenwich 40°59′03.15″ N 73°39′24.55″ W Southeast following the boundary between CT & NY to a point in LIS 40°57′03.23″ N 73°36′46.42″ W Easterly following the boundary between CT & NY to a point due south of Hoadley Point at the eastern border of Branford 41°07′51.17″ N 72°44′09.73″ W Due north to Hoadley Point at the eastern border of Branford 41°15′22.88″ N 72°44′09.73″ W The proposed area also includes the navigable reaches of all Connecticut rivers and tidal streams that drain into Long Island Sound within its bounds, including the Housatonic River from the Derby Dam and the Quinnipiac River from the southern border of North Haven. Connecticut has certified that there are 43 pumpout facilities within the proposed area available to the boating public. A list of the facilities, phone numbers, locations, and hours of operation is appended at the end of this petition. Connecticut has provided documentation indicating that the total vessel population is estimated to be 12,000 in the proposed area. It is estimated that 5,000 of the total vessel population may have a Marine Sanitation Device
(MSD)of some type. These total numbers may be overestimated by the state of Connecticut, which would give the boating public a larger ratio of pumpouts to boats (300-600 vessels for everyone facility). The majority of facilities are connected directly into the local wastewater treatment system. The Wheeler State Wildlife Management Area and units of the McKinney National Wildlife Management Area are within or border the proposed No Discharge Area (NDA). There are approximately 107 marinas, 15 public boat ramps, 29 public and numerous private beaches located within the proposed No Discharge Area. Both recreational and commercial shell fishermen use the area. There are thousands of acres of productive shellfish beds in the proposed NDA supporting oysters, hard shell clams, soft shell clams, and razor clams. The area supports a thriving commercial and recreational fishing fleet. Species of commercial and recreational interest include striped bass, bluefish, blackfish, summer flounder, and winter flounder. The proposed area has a variety of rich natural habitats, and supports a wide diversity of species. The federally listed species include the bald eagle, shortnose sturgeon, piping plover, and puritan tiger beetle as well as dozens of state designated rare and endangered species. Pumpout Facilities Within Proposed No Discharge Area Name Location (figure) Contact information Hours of operation (call ahead to verify) Mean low water depth Fee Grass Island Municipal Pumpout Greenwich Harbor, Greenwich
(5A)No Radio 203-618-9695 May 1-Oct 31, daily 8 a.m. to 8 p.m 7 feet Free. Beacon Point Marine Mianus River, Cos Cob
(5A)VHF CH 9 203-661-4033 April 1-Nov 30, M-F 8 a.m. to 5 p.m., Sat 8 a.m. to 6 p.m., Sun 8 a.m. to 4 p.m 6 feet $5. Mianus River Boat & Yacht Club Mianus River, Cos Cob
(5A)No Radio 203-869-4689 April 1-Nov 30, daily 24 hours No Data Free. Riverside Yacht Club Mianus River, Cos Cob (Not shown on Figure) 203-637-1706 No Data No Data Members/guests only. Soundkeeper Pumpout Boat Greenwich Harbor, Greenwich
(5A)VHF CH 77 1-800-933-SOUND May 1-Labor Day, W, Th, F 1 p.m. to 5 p.m., Sat, Sun 10 a.m.-6 p.m. Call for Fall Hours N/A Free. Cummings Park Marina Westcott Cove, Stamford
(5A)No Radio 203-977-5139 Apr 1-Nov 30, daily 24 hours 2 feet Free. Czescik Municipal Marina Stamford Harbor, Stamford
(5A)No Radio 203-977-5008 Year round, daily 24 hours 5 feet Free. Harbour Square Marina Stamford Harbor East Branch, Stamford
(5A)VHF CH 9 203-324-3331 May 1-Nov 30, daily 9 a.m. to 8 p.m.; Dec 1-Dec 31, daily 9 a.m. to 3 p.m 8 feet $15 for boats >28 feet; $5 for boats <28 feet; free with gas fill-up. Soundkeeper Pumpout Boat Stamford Harbor, Stamford
(5A)VHF CH 77 1-800-933-SOUND May 1-Labor Day call for hours N/A Free. Stamford Landing Marina Stamford Harbor West Branch. Stamford
(5A)VHF CH 9 203-965-0065 May 1-Oct 31, daily 9 a.m. to 5 p.m 9 feet $15. Brewer Yacht Haven Stamford
(5A)No data No data No data No data. Avalon Stamford Harbor
(5A)No data No data No data No data. Soundkeeper Pumpout Boat I Norwalk Harbor, Fivemile River, Campo Cove, Saugatuck River
(5A)VHF CH 77 1-800-933-SOUND May 1-Labor Day, T, Th, F, 8 a.m. to 6 p.m. Call for Fall Hours N/A Free. Soundkeeper Pumpout Boat II Norwalk Harbor, Fivemile River, Campo Cove, Saugatuck River (Not shown on Figure) VHF CH 77 1-800-933-SOUND May 1-Labor Day, T, Th, F, 8 a.m. to 6 p.m. Call for Fall Hours N/A Free. Norwalk Cove Marina, Inc Charles Creek, Norwalk
(5A)VHF CH 9, 72 203-838-2326 Jan 1-Nov 30, daily 8 a.m. to 6 p.m 10 feet $5. Norwalk Cove Marina, Inc Charles Creek, Norwalk
(5A)VHF CH 9, 72 203-838-2326 Jan 1-Nov 30, daily 8 a.m. to 6 p.m 10 feet $5. Norwalk Visitor's Dock Norwalk Harbor, Norwalk
(5A)VHF CH 9 203-866-8810 May 1-Oct 31, daily 7 a.m. to 6 p.m 6 feet Free. Rex Marine Center, Inc Norwalk Harbor, Norwalk
(5A)VHF CH 9 203-866-5555 Apr 1-Nov 30, daily 8 a.m. to 5 p.m 6 feet Free. South Norwalk Boat Club Norwalk Harbor, Norwalk
(5A)No data No data No data Member only. The Boatworks, Inc Fivemile River, Rowayton
(5A)VHF CH 68 203-866-9295 Apr 1-Nov 30, daily 8 a.m. to 4:30 p.m 6 feet Free. Compo Yacht Basin Saugatuck River, Westport
(5B)VHF CH 11, 16 203-227-9136 May 1-Sept 30, daily 8 a.m. to 8 p.m 9 feet Free. Pequot Yacht Club Southport Harbor, Fairfield
(5B)VHF CH 69 203-255-5740 May 15-Oct 1, daily 9 a.m. to 8 p.m No Data Free. South Benson Marina Ash Creek, Fairfield
(5B)VHF CH 9, 16 203-256-3010 May 1-Nov 30, daily 8 a.m. to 6 p.m No data Free. Captain's Cove Seaport Black Rock Harbor, Bridgeport
(5B)VHF CH 18 203-335-1433 May 1-Sept 30, daily 9 a.m. to 4 p.m 15 feet Free. Cedar Marina, Inc. Cedar Creek, Bridgeport
(5B)VHF CH 9 203-335-6262 April 1-Nov 30, daily 8 a.m. to 5 p.m 8 feet $5. City of Bridgeport Pumpout Boat Black Rock and Bridgeport Harbors, Bridgeport
(5B)VHF CH 6, 9, 13, 16 203-384-9777 Apr 1-Oct 31, daily 9 a.m. to 5 p.m N/A Free. Fayerweather Yacht Club Black Rock Harbor, Bridgeport
(5B)VHF CH 14 203-576-6796 May 15-Oct 15, daily 8 a.m. to 8 p.m 4 feet $5. Miamogue Yacht Club Incorporated Johnson's Creek, Bridgeport Harbor (Not shown on Figure) 203-334-9882 Brewer Stratford Marina Housatonic River, Stratford
(5C)VHF CH 9, 10 203-378-9300 Year round, daily 9 a.m. to 5 p.m 10 feet $5 (free for customers). Caswell Cove Marina Stratford
(5C)No data No data No data No data. Stratford Boardwalk Marina (Formerly Marina at the Dock) Housatonic River, Stratford
(5C)VHF CH 9 203-378-9300 Apr 1-Oct 31, daily 8 a.m. to 5 p.m 8 feet $5. Town of Stratford Pumpout Boat Housatonic River, Stratford
(5C)VHF CH 68 203-381-2049 May 15-Oct 31, Th-M 10 a.m. to 6 p.m N/A Free. Milford Harbor Marina Milford Harbor, Milford
(5C)VHF CH 68 203-877-1475 May 1-Oct 31, daily 8 a.m. to 5 p.m 8 feet $5. Milford Landing Milford Harbor, Milford
(5C)VHF CH 9 203-874-1610 Apr 1-Nov 30 daily 7 a.m. to 8 p.m 9 feet Free. West Cove Co-op Marina West River, West Haven
(5C)No Radio 203-933-3000 May 1-Sept 30, W-F 3 p.m. to 7 p.m., Sat and Sun 8 a.m. to 7 p.m 8 feet $5. City of New Haven Long Wharf New Haven Harbor, New Haven
(5C)No Radio 203-946-6779 Memorial Day-Labor Day, M-F 9 a.m. to 5 p.m. Sat, Sun 10 a.m. to 5 p.m No data Free. Oyster Point Marina New Haven Harbor, New Haven
(5C)VHF CH 9, 11 203-624-5895 Apr 1-Oct 31, daily 8 a.m. to 5 p.m 8 feet $5. Waucoma Yacht Club Quinnipiac River, New Haven
(5C)VHF CH 9 203-789-9530 Memorial Day-Nov 15, M-F 3 p.m. to 7 p.m. Sat and Sun 10 a.m. to 7 p.m 4 feet Free. Branford Yacht Club Branford River, Branford
(5C)VHF CH 9 203-488-0798 June 1-Sept 30, daily 8 a.m. to 7:30 p.m.; April 1-May 31 and Oct 1-Oct 31, daily 8 a.m. to 4:30 p.m 9 feet $5 (free for customers). Brewer Bruce & Johnson's Marina, Inc Branford River, Branford
(5C)VHF CH 9 203-488-8329 Apr 1-Nov 30, daily 8 a.m. to 4:30 p.m 8 feet $5 (free for customers). Goodsell Point Marina Branford River, Branford
(5C)No Radio 203-488-5292 May 1-Nov 30, daily 9 a.m. to 5 p.m 7 feet $25. Pier 66 Marina Branford River, Branford
(5C)VHF Ch 9 203-488-5613 N/A 10 feet Pine Orchard Yacht Club Branford
(5C)No data No data No data Members only. Town of Branford Pumpout Boat Branford River & Thimble Islands, Branford
(5C)VHF CH 9 203-430-9305 May 15-Oct 31, Sat 8 a.m. to 3 p.m., Sun 8 a.m. to 4 p.m N/A Free. Dated: February 12, 2007. Robert W. Varney, Regional Administrator, New England Region 1. [FR Doc. 07-825 Filed 2-22-07; 8:45 am]
Connectionstraces to 16
Traces to 16 documents
U.S. Code
- Congressional declaration of policy§ 1701
- National mining and minerals policy; “minerals” defined; execution of policy under other authorized programs§ 21a
- Length of claims on veins or lodes§ 23
- Failure to pay§ 28i
- Recordation of mining claims§ 1744
- Fee§ 28f
- Other requirements§ 28j
- Purposes§ 3501
- Departmental regulations§ 301
- Findings, purposes and policy§ 1801
- Congressional findings and declaration of purposes and policy§ 1531
- Definitions§ 551
- Domestic and foreign protection of federally owned inventions§ 207
- National primary and secondary ambient air quality standards§ 7409
register
32 references not yet in our index
- 43 CFR 3800
- 43 CFR 1701(b)
- 292 F. Supp. 2d 30
- 292 F. Supp. 2
- 249 U.S. 337
- 252 U.S. 450
- 43 CFR 3809.100
- Pub. L. 102-381
- 106 Stat. 1374
- 107 Stat. 312
- Pub. L. 105-240
- Pub. L. 107-63
- Pub. L. 108-108
- 48 CFR 1523
- 63 Stat. 390
- 40 USC 486(c)
- 48 CFR 1552
- 41 USC 418b
- 50 CFR 622
- 50 CFR 665
- 41 USC 47(a)
- 41 CFR 51
- 41 USC 46-48c
- 50 CFR 665.50(b)(2)
- 50 CFR 404
- 50 CFR 404.7
- 42 USC 4321-4345
- 37 CFR 404
- 40 CFR 1506.9
- Pub. L. 92-500
- Pub. L. 95-217
- Pub. L. 100-4
Citation graph
cites case law
Proposed Rules
Advance notice of proposed rulemaking
F. Supp.292 F. Supp. 2d 30
F. Supp.292 F. Supp. 2
SCOTUS249 U.S. 337
Cites 48 · showing 12Cited by 0 across 0 sources