Notices. Notice of issuance of permits for endangered species and/or marine mammals

12,614 words·~57 min read·/register/2007/02/23/07-849·

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

BILLING CODE 4210-67-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits for endangered species and/or marine mammals. SUMMARY: The following permits were issued. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to:

U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), and/or the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permit(s) subject to certain conditions set forth therein.

For each permit for an endangered species, the Service found that

(1)The application was filed in good faith,

(2)the granted permit would not operate to the disadvantage of the endangered species, and

(3)the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Permit No. Applicant Receipt of application Federal Register notice Permit issuance date Endangered Species 134857 Ralph S. Cunningham 71 FR 64289; November 1, 2006 December 4, 2006. 135139 John J.Wolfe 71 FR 64289; November 1, 2006 December 4, 2006. 135611 William Toreillo 71 FR 64289; November 1, 2006 December 4, 2006. 137561 Robert S. Bass 71 FR 66187; November 13, 2006 December 21, 2006. 138562 Albert G. Johnson 71 FR 66187; November 13, 2006 December 21, 2006. 135130 Theodore M. Fowler 71 FR 62291; October 24, 2006 December 5, 2006. 137378 James E. Young 71 FR 62291; October 24, 2006 December 5, 2006. 134247 Harry J. Daily 71 FR 64289; November 1, 2006 December 5, 2006. 138211 Kenneth R. Sardegna 71 FR 66187; November 13, 2006 December 15, 2006. Marine Mammals 127905 Kent Fagen 71 FR 48938; August 22, 2006 December 18, 2006. 125179 Warren L. Strickland 71 FR 35692; June 21, 2006 January 4, 2007. Dated: January 5, 2007. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3129 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by March 26, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* Lemur Conservation Foundation, Myakka City, FL, PRT-137431. The applicant request a permit to import three live captive born ring-tailed lemurs ( *Lemur catta* ) from Parc Aquarium du Quebec/SEPAQ, Charlesbourg, Quebec, Canada for the purpose of enhancement of the survival of the species through captive propagation and scientific research. *Applicant:* John D. Greve, Decatur, IL, PRT-142929. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Leon J. Munyan, Phoenix, AZ, PRT-144108. The applicant requests a permit to import the sport-hunted trophy of one [female] scimitar-horned oryx ( *Oryx dammah* ) culled from a captive herd in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Marine Mammals The public is invited to comment on the following application for a permit to conduct certain activities with marine mammals. The application was submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* Jonathan M. Olson, Madison, WI, PRT-143920. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Dated: January 12, 2007. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3132 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by March 26, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* University of Illinois, Dept. of Biological Sciences, Chicago, IL, PRT-132400. The applicant requests a permit to re-export DNA and whole blood samples of Baird's tapir ( *Tapirus bairdii* ) for the purpose of scientific research. *Applicant:* James M. Morris II, Oklahoma City, OK, PRT-143976. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Arthur W. Korson, Dryden, MI, PRT-134167. The applicant requests a permit to import the sport-hunted trophy of one male scimitar-horned oryx ( *Oryx dammah* ) culled from a captive herd in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with marine mammals. The applications were submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* Thomas M. Sharko, Milford, NJ, PRT-131154. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. *Applicant:* James Slattery, Woodward, OK, PRT-133514. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Southern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Dated: January 5, 2007. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3138 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by March 26, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* National Zoological Park (Smithsonian), Washington, DC, PRT-135928, 135929 The applicant requests two permits to import semen samples collected from three captive born Asian elephants ( *Elephas maximus* ) from African Lion Safari, Ontario, Canada, and the Calgary Zoo, Alberta, Canada for scientific research. *Applicant:* National Marine Fisheries Service, Miami, FL, PRT-045532. The applicant requests an amendment and re-issuance of their permit to import and/or introduce from the sea, biological samples collected from the wild on the high seas, both from opportunistically salvaged and incidentally captured specimens of Kemp's ridley sea turtle ( *Lepidochelys kempii* ), hawksbill sea turtle ( *Eretmochelys imbricata* ), and leatherback sea turtle ( *Dermochelys coriacea* ) for the purpose of scientific research. The amendment request is for the import of biological samples collected on land, opportunistically from wild and captive-held salvaged specimens of Kemp's ridley sea turtle ( *Lepidochelys kempii* ), hawksbill sea turtle ( *Eretmochelys imbricata* ), leatherback sea turtle ( *Dermochelys coriacea* ), green sea turtle ( *Chelonia mydas* ), and olive ridley sea turtle ( *Lepidochelys olivacea* ). This notification covers activities conducted by the applicant over a period of 5 years. *Applicant:* William R. Kahl, East Lansing, MI, PRT-145458. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* John F. Cedarberg, Eagan, MN, PRT-144847. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Marine Mammals The public is invited to comment on the following application for a permit to conduct certain activities with marine mammals. The application was submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete application or requests for a public hearing on this application should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* Chris C. Hudson, Dallas, TX, PRT-145883. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Dated: February 2, 2007. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3134 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species. DATES: Written data, comments or requests must be received by March 26, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* The Institute of Greatly Endangered and Rare Species (T.I.G.E.R.S.), Surfside Beach, SC, PRT-130309. The applicant requests a permit to import one male and two female captive-born cheetahs ( *Acinonyx jubatus* ) from DeWildt Cheetah and Wildlife Centre, DeWildt, South Africa for the purpose of enhancement of the species through conservation education. *Applicant:* Nashville Zoo, Nashville, TN, PRT-144911. The applicant requests a permit to import one male captive-born Central American tapir ( *Tapirus bairdii* ) from Zoologico La Marina, San Jose, Costa Rica for the purpose of enhancement of the species through captive breeding. *Applicant:* Cincinnati Zoo, Cincinnati, OH, PRT-145194. The applicant requests a permit to import semen samples from black-footed cats ( *Felis nigripes* ) from the wild in South Africa in cooperation with the Government of South Africa for scientific research in an ongoing study “Biomedical Assessment of free-ranging black-footed cats in South Africa”. This notification covers activities to be conducted by the applicant over a five-year period. *Applicant:* Jose P. De Ayala, Honolulu, HI, PRT-144838. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Arthur P. Hoffart, Bozeman, MT, PRT-144999. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Tarzan Zerbini, Webb City, MO, PRT-065144, 065145, 065146, 065148, 065149, and 088344. The applicant requests permits to export captive elephants ( *Elephas maximus* ) to worldwide locations for the purpose of enhancement of the species through conservation education. *The permit numbers and animals are:* 065144, Jan; 065145, Roxy; 065146, Shelly; 065148, Bunny; 065149, Marie; and 088344, Luke. This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born while overseas. Dated: January 26, 2007. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3133 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Back Bay National Wildlife Refuge AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment for Back Bay National Wildlife Refuge; request for comments. SUMMARY: This notice advises the public that the Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan

(CCP)and Environmental Assessment (EA), pursuant to the National Environmental Policy Act of 1969

(NEPA)and its implementing regulations, for Back Bay National Wildlife Refuge (NWR), located within the City of Virginia Beach, Virginia. This notice also advises the public that the Service is withdrawing a previous notice, published on May 8, 2002, stating that an Environmental Impact Statement

(EIS)would be developed for the refuge. Comments already received under the previous notice will be considered during preparation of the subject CCP/EA. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd *et seq.* ):

(1)To advise other agencies and the public of our intentions, and

(2)to obtain suggestions and information on the scope of issues to include in the environmental documents. DATES: Please provide any comments on the subject CCP/EA by March 26, 2007. The Service will notify the public of subsequent meetings on development of the proposed CCP/EA via **Federal Register** notice and other means, including special mailings, newspaper articles, and Web site announcements. Inquire at the address below for future dates of planning activity. ADDRESSES: Address comments, questions, and requests for more information to the following: Refuge Manager, Back Bay National Wildlife Refuge, 4005 Sandpiper Road, Virginia Beach, VA 23456-4325, 757-721-2412. FOR FURTHER INFORMATION CONTACT: Thomas Bonetti, Refuge Planner, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035, telephone 413-253-8307, fax 413-253-8468, electronic mail *tom_bonetti@fws.gov* . SUPPLEMENTARY INFORMATION: By Federal law, all lands within the National Wildlife Refuge System are to be managed in accordance with an approved CCP. The CCP guides management decisions and identifies refuge goals, long-range objectives, and strategies for achieving refuge purposes. Public input into this planning process is essential. The CCP will provide other agencies and the public with a clear understanding of the desired conditions for the refuges and how the Service will implement management strategies. Public input into this planning process is essential. The Service began soliciting information from the public in early 2002 via open houses, meetings, and written comments. Special mailings, newspaper articles, and Web site announcements helped to inform the public in the area near the refuge of the time and place of opportunities for input to the CCP. The Service has determined that, at this time, an EA is a more appropriate document than an EIS to accompany the CCP. The need to prepare an EIS is a matter of professional judgment requiring consideration of all issues in question. If the EA determines that the CCP will constitute a major Federal action significantly affecting the quality of the human environment, an EIS will then be prepared. The primary purpose of an EIS is to ensure that a full and fair discussion of all significant environmental impacts occurs, and to inform decision makers and the public of the reasonable alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment. Review of this project will be conducted in accordance with the requirements of the NEPA, as amended (42 U.S.C. 4321 *et seq.* ), NEPA Regulations (40 CFR parts 1500-1508), other appropriate Federal laws and regulations, and Service policies and procedures for compliance with those regulations. Concurrent with the CCP process, the Service will conduct a wilderness review and incorporate a summary of the review into the CCP, as well as include compatibility determinations for all applicable refuge uses. We estimate that the Draft CCP/EA will be available in 2007. Dated: August 28, 2006. Marvin E. Moriarty, Regional Director, Region 5, U.S. Fish and Wildlife Service, Hadley, Massachusetts. **Editorial Note:** This document was received by the Office of the Federal Register on February 20, 2007. [FR Doc. E7-3110 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Revised Comprehensive Conservation Plan and Environmental Assessment for Innoko National Wildlife Refuge, Alaska AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of intent. SUMMARY: We, the U.S. Fish and Wildlife Service (Service, we), will be developing a revised Comprehensive Conservation Plan

(CCP)and Environmental Assessment

(EA)for Innoko National Wildlife Refuge (Refuge). We will use special mailings, newspaper articles, and other media announcements to inform the public of opportunities to provide input throughout the planning process. We will hold public meetings in communities near the Refuge (Grayling, Anvik, Shageluk, Holy Cross, Kaltag, McGrath and Takotna). DATES: Please provide written comments on the scope of the CCP revision on or before 30 days from the date of publication of this Notice. ADDRESSES: Address comments, questions, and requests for further information to: Rob Campellone, Planning Team Leader, Division of Conservation Planning and Policy, 1011 East Tudor Rd., MS-231, Anchorage, Alaska 99503. Comments may be faxed to

(907)786-3965, or e-mail to *Innoko_Plan@fws.gov* . Additional information about the refuge is available on the Internet at: *http://alaska.fws.gov/nwr/planning/innpol.htm.* FOR FURTHER INFORMATION CONTACT: Rob Campellone, Planning Team Leader, at

(907)786-3982. SUPPLEMENTARY INFORMATION: Established by the Alaska National Interest Lands Conservation Act (94 Stat. 2371) in 1980, Innoko Refuge covers some 3,850,000 acres and is one of the most important waterfowl areas in west central interior Alaska. Approximately half of the refuge consists of wetlands set with innumerable lakes and ponds of varying size. The remainder is marked by hills, most of which are less than one thousand feet in elevation. Almost one-third of the refuge is designated Wilderness. The route of the historic Iditarod Trail crosses the Refuge. Refuge purposes include

(1)Conservation of fish and wildlife populations and habitats in their natural diversity including, but not limited to, waterfowl peregrine falcons, other migratory birds, black bear, moose, furbearers, and other mammals and salmon;

(2)fulfilling the international treaty obligations of the United States with respect to fish and wildlife and their habitats;

(3)providing, in a manner consistent with purposes

(1)and

(2)above, the opportunity for continued subsistence by local residents; and ensuring, to the maximum extent practicable and in a manner consistent with purpose

(1)above, water quality and necessary water quantity within the refuge. We furnish this notice in accordance with the Alaska National Interest Lands Conservation Act, the National Wildlife Refuge System Administration Act as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-688ee), and Service policies. These laws and policies require all lands within the National Wildlife Refuge System to be managed in accordance with an approved CCP. A CCP is a 15-year plan for managing a refuge. Refuge goals and objectives are identified in a CCP. During the CCP process, we will consider many elements, including conservation of the Refuge's fish and wildlife populations and habitats in their natural diversity; facilitation of subsistence use by local residents, access for traditional activities; and conservation of resource values including cultural resources, wilderness and rivers. The final revised CCP will detail the programs, activities, and measures necessary to best administer the Refuge to protect these values and fulfill refuge purposes over the next 15-years. Until the revised CCP is completed, management will continue to be guided by the original CCP, Federal legislation regarding management of National Wildlife Refuges, and other legal, regulatory, and policy guidance. *Public Meetings:* We plan to hold public meetings in communities near the Refuge: Grayling, Anvik, Shageluk, Holy Cross, Kaltag, McGrath and Takotna. Meetings will be held between December 1 and the end of February as weather conditions permit. Each meeting will be announced, in advance, locally. Dated: February 16, 2007. Thomas O. Melius, Regional Director, U.S. Fish & Wildlife Service, Anchorage, Alaska. [FR Doc. E7-3108 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Wapack National Wildlife Refuge AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent: preparation of a comprehensive conservation plan and environmental assessment; request for comment. SUMMARY: The U.S. Fish and Wildlife Service (Service, we) intends to gather information necessary to prepare a comprehensive conservation plan

(CCP)and environmental assessment

(EA)for Wapack National Wildlife Refuge

(NWR)in Greenfield, Lyndeborough, and Temple, New Hampshire. We furnish this notice in compliance with our CCP policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process. DATES: We will hold a public open house meeting to begin the CCP planning process; see SUPPLEMENTARY INFORMATION for date, time, and location. ADDRESSES: Wapack National Wildlife Refuge, c/o Great Bay National Wildlife Refuge, 100 Merrimac Drive, Newington, New Hampshire 03801-2903, at 603-431-7511 (telephone); 603-431-6014 (FAX); *fw5rw_gbnwr@fws.gov* (e-mail); *http://www.fws.gov/Refuges/profiles/index.cfm?id=53572* (Web site). FOR FURTHER INFORMATION, CONTACT: Lelaina Marin, Assistant Refuge Planner, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035; 413-253-8731 (telephone); 413-253-8468 (FAX); *northeastplanning@fws.gov* (e-mail). SUPPLEMENTARY INFORMATION: With this notice, we initiate the CCP for Wapack NWR with headquarters in Newington, New Hampshire. We will hold a public open house and announce its location, date, and time at least 2 weeks in advance, in special mailings and local newspaper notices, on our Web site, and through personal contacts. Additional public information sessions in the local community are available upon request. Under the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee), the Service is to manage all lands in the National Wildlife Refuge System in accordance with an approved CCP. The plan guides management decisions and identifies refuge goals, management objectives, and strategies for achieving refuge purposes over a 15-year period. The planning process will cover many elements, including wildlife and habitat management, visitor and recreational activities, wilderness area management, cultural resource protection, and facilities and infrastructure. Compatibility determinations will be completed for all applicable refuge public uses. We will also conduct a wilderness review on refuge lands to determine whether any areas on the refuge qualify for those Federal designations. Public input into the planning process is essential. The comments we receive will help identify key issues and refine our goals and objectives for managing refuge resources and visitor use. Additional opportunities for public participation will arise throughout the planning process, which we expect to complete by September 2008. We are presently summarizing refuge data and collecting other resource information to provide us a scientific basis for our resource decisions. We will prepare the EA in accordance with the Council on Environmental Quality procedures for implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d). The 1,672-acre Wapack NWR, established through donation in 1972, was New Hampshire's first national wildlife refuge. It is administered by Great Bay NWR, headquartered in Newington, New Hampshire. Its purpose is for use as an inviolate sanctuary or any other management purpose for migratory birds. The refuge is located about 20 miles west of Nashua, New Hampshire, and encompasses the 2,278-foot North Pack Monadnock Mountain in the towns of Greenfield, Lyndeborough, and Temple. The terms of the deed of donation require the Service to manage the refuge as a “wilderness” for wildlife. Specific restrictions include prohibiting hunting, fishing, trapping, motorized vehicles and tree cutting. Generally, refuge lands are characterized by mature northern hardwood-mixed and conifer (spruce-fire) forest. These forests provide nesting habitat for numerous migratory songbirds, such as the black-capped chickadee, blackburnian warbler, black-throated blue warbler, hermit thrush, myrtle warbler, ovenbird and red-eyed vireo. The refuge also supports a wide variety of wildlife, including deer, bear, coyote, fisher, fox, mink and weasel. Refuge visitors annually engage in wildlife observation and photography. The refuge is especially popular as a hawk migration viewing area. A 3-mile segment of the 21-mile Wapack Trail, a spur of the Appalachian Trail, traverses the refuge and rewards hikers with a beautiful view of the surrounding mountains. Dated: January 19, 2007. Richard O. Bennett, Acting Regional Director, U.S. Fish and Wildlife Service, Hadley, Massachusetts. [FR Doc. E7-3111 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permit for marine mammals. SUMMARY: The following permit was issued. ADDRESSES: Documents and other information submitted with this application is available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. Permit No. Applicant Receipt of application Federal Register notice Permit issuance date Marine Mammals 125869 MaryAnne Sackman 71 FR 48938; August 22, 2006 January 8, 2007. Dated: January 12, 2007. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-3131 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Trinity Adaptive Management Working Group AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program

(TRRP)FY08 budget, 2007 Trinity River flow schedule, TRRP science program issues, 2006 salmon returns, salmon disease and mortality studies, Central Valley Project Improvement Act program review, TRRP executive director's report, and election of TAMWG officers. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public. DATES: The Trinity Adaptive Management Working Group will meet from 1 p.m. to 5 p.m. on Monday, March 19, 2007 and from 8:30 a.m. to 5 p.m. on Tuesday, March 20, 2007. ADDRESSES: The meeting will be held at the Weaverville Victorian Inn, 1709 Main St., 299 West, Weaverville, 96093. For more information, please contact the U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, 95521. For background information and questions regarding the Trinity River Restoration Program, please contact Douglas Schleusner, Executive Director, Trinity River Restoration Program, P.O. Box 1300, 1313 South Main Street, Weaverville, 96093. FOR FURTHER INFORMATION CONTACT: Randy A. Brown of the U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, telephone:

(707)822-7201. Randy A. Brown is the working group's Designated Federal Officer. For questions regarding the Trinity River Restoration Program, please contact Douglas Schleusner, Executive Director, telephone:

(530)623-1800. SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), this notice announces a meeting of the Trinity Adaptive Management Working Group (TAMWG). Dated: February 15, 2007. Randy A. Brown, Designated Federal Officer, Arcata Fish and Wildlife Office, Arcata, CA. [FR Doc. E7-3106 Filed 2-22-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Availability of a Draft Environmental Impact Statement for the Bald Mountain Ski Resort Master Development Plan AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act

(NEPA)the Bureau of Land Management publishes a Notice of Availability

(NOA)of a Draft Environmental Impact Statement

(DEIS)for the Bald Mountain Ski Resort Master Development Plan, the purpose of which is to analyze and disclose the effects of the updated Bald Mountain Ski Area Master Development Plan and 40-year term ski permit application. DATES: The DEIS will be available for review and comment for 45 calendar days from the date of this publication which coincides with the NOA published in the **Federal Register** by the Environmental Protection Agency (EPA). The Forest Service and Bureau of Land Management

(BLM)can best use comments and resource information if they are submitted by, or before, close of business the last day of the comment and review period. If you are uncertain as to what constitutes acceptable comment format or when comments are due, please contact Joe Miczulski, Winter Sports Manager at the Ketchum Ranger District; P.O. Box 2356, Ketchum, ID 83340; or phone at

(208)622-5371. Public meetings will be held to solicit comments on the DEIS on the update to the Master Development Plan for Bald Mountain Ski Resort. Dates and locations for these meetings will be published in the Idaho Mountain Express, Boise Statesman and Twin Falls Times News. ADDRESSES: A copy of the DEIS was sent to affected Federal, State, and local government agencies and to interested parties. The document is also available electronically on the following Web site: *http://www.fs.fed.us/r4/sawtooth/projects.* Copies of the DEIS will be available for public inspection at the following locations: Ketchum Ranger District, 206 Sun Valley Road, Ketchum, ID 83340, Business Hours 8:30 a.m.-5 p.m. FOR FURTHER INFORMATION CONTACT: John Kurtz, Outdoor Recreation Planner at the Shoshone Field Office of the Twin Falls District, 400 West F Street, Shoshone, ID 83352; or phone at

(208)732-7296. Requests for information may be sent electronically to: *john_kurtz@blm.gov* with “Attention: Bald Mountain DEIS Information Request” in the subject line. SUPPLEMENTARY INFORMATION: The majority of Sun Valley Resort's Bald Mountain Ski Area is located on public lands under the jurisdiction of both the U.S.D.A. Forest Service (Forest Service) and the U.S.D.I. Bureau of Land Management (BLM). The ski area is administered through two jointly-issued Special Use Permits (SUP), totaling approximately 3,325 acres (1,969 of which are administered by the Sawtooth National Forest, and 1,356 are administered by the BLM's Twin Falls District). Sun Valley Company has requested a new 40-year term ski area permit for the Bald Mountain Ski Resort. The existing ski area permit, which was issued in December 1977, expires December 2007. One requirement for a ski area permit is to have an approved Master Development Plan (MDP), which is prepared by the permit holder and encompasses the entire winter sports resort envisioned for development and authorization by the permit. Upon acceptance by the Authorized Officers, the MDP becomes part of the ski area permit. The EIS will analyze the effects of the proposed action and alternatives. The agencies give notice of the National Environmental Policy Act

(NEPA)analysis and decision making process on the proposal so interested and affected members of the public may participate and contribute to the final decision. The Sawtooth National Forest, as the lead for both agencies, invites written comments and suggestions on the scope of the analysis and issues addressed. The 1989 MDP currently guides the Forest Service and BLM in their administration of the special use permit for the ski area. A majority of the actions described in the 1989 MDP have been implemented. Given the age and status of the 1989 MDP, the Forest Service, BLM and Sun Valley Company determined that an updated plan would be appropriate at this time. The Sun Valley Company has updated their MDP for Bald Mountain Ski Area and presented it to the Forest Service and BLM in conjunction with their request for a new 40-year permit to continue operating on these public lands. The existing permit expires December 2007. The draft MDP as submitted by Sun Valley Company is available electronically on the following Web sites: Sawtooth National Forest— *http://www.fs.fed.us/r4/Sawtooth* and Sun Valley Company— *http://www.sunvalley.com.* An approved MDP will guide development on Bald Mountain Ski Area. Anticipated projects include new ski trail development both inside and outside of the current permit boundary, additional snowmaking installation, existing ski run modification, installation of new ski lifts, including gondola, removal of some existing ski lifts, and addition of a mountain restaurant. A Vegetation Management Plan

(VMP)will be analyzed concurrently with the proposed MDP. The VMP will access current conditions of vegetation components on Bald Mountain, both with respect to timber and grass/forb species. The VMP will specify treatments necessary to enact, that will ensure long-term health of vegetation on Bald Mountain. Purpose and Need for Action The purpose and need for the proposed Master Development Plan

(MDP)is to update the 1989 MDP to reflect current conditions and needs at the ski resort. Most of the improvements described in the 1989 MDP have been implemented. In addition, new ski area technologies, updated Land Management Plans, and changes in the environment have emerged during this time which warrant consideration in an updated MDP. Proposed Action The proposed action analyzes the implementation of the MDP as submitted by the Sun Valley Company. The agencies have a responsibility to determine consistency of the MDP with their respective Land Management Plans, to evaluate if any proposed facilities are in hazardous areas (i.e. avalanche path); evaluate if improvements are an appropriate use of Forest Service and BLM land; determine if private land is available to accomplish the proposed activities; and to make a public interest determination. Alternatives Identified Alternatives identified include: Alt. 1—No Action (continuing the present course of action). The existing MDP would not be updated. The ski area permit would be renewed in 2007 and the current MDP would be made part of it. Alt. 2—Proposed Action, the MDP as submitted by Sun Valley Company, would be attached to a new ski area permit. Alt. 3—An alternative which meets the purpose and need to update the MDP, but varies from the actions submitted by Sun Valley Company. How To Submit Comments Comments must be submitted using one of the following methods: 1. Comments may be electronically mailed to *comments-intermtn-sawtooth-ketchum@fs.fed.us* with “Attention: Bald Mountain DEIS” in the subject line. Avoid the use of special characters or any form of encryption. If you do not receive a confirmation from our system that your comment has been received, please contact Joe Miczulski, Winter Sports Manager at the Ketchum Ranger District; P.O. Box 2356, Ketchum, ID 83340; or phone at (208)-622-5371. 2. Written comments may be mailed directly or delivered to the Forest Service at: Joe Miczulski, Winter Sports Manager at the Ketchum Ranger District; P.O. Box 2356, Ketchum, ID 83340; or phone at (208)-622-5371. 3. Comments may be sent via telefax to the Forest Service, Attn: Joe Miczulski, (208)-622-3923. 4. Comments may be given at the public meetings to be scheduled. To be given consideration by BLM, all DEIS comments must include the commenter's name and street address. BLM's practice is to make all comments, including the names and street addresses of each respondent, available for public review at the BLM office listed above during business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday, except for Federal holidays. Your comments may be published as part of the EIS process. Individual respondents may request confidentiality. If you wish to withhold your name, street address or both from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comments. Such requests will be honored to the extent allowed by law. BLM will not consider anonymous comments. All submissions from organizations or businesses will be made available for public inspection in their entirety. Howard Hedrick, District Manager. [FR Doc. E7-3083 Filed 2-22-07; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-923-1430-ET; COC-70704] Notice of Proposed Withdrawal and Opportunity for Public Meeting; Colorado AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Secretary of the Interior proposes to withdraw three small sites totaling 22.36 acres of public lands from surface entry and mining for a period of 20 years to protect maternity roosts of Townsend's Big-eared Bats in Mesa, Montrose, and San Miguel counties, Colorado. This notice segregates the public lands from surface entry and mining for up to 2 years while various studies and analyses are made to support a final decision on the withdrawal application. DATES: Comments and requests for a public meeting must be received by May 24, 2007. ADDRESSES: Comments and meeting requests should be sent to the Colorado State Director, 2850 Youngfield Street, Lakewood, Colorado 80215-7093. FOR FURTHER INFORMATION CONTACT: Andrew J. Senti, BLM Colorado State Office, 303-239-3713. SUPPLEMENTARY INFORMATION: The applicant is the Bureau of Land Management

(BLM)at the address stated above. The petition/application requests the Secretary of the Interior to withdraw, for a period of 20 years and subject to valid existing rights, the following described public land from settlement, sale, location or entry under the general land laws, including mining laws, but not the mineral leasing laws: New Mexico Principal Meridian T. 47 N., R. 17 W., Sec. 11, a metes and bounds parcel within the NW 1/4 NW 1/4 . T. 49 N., R. 17 W., Sec. 4, a metes and bounds parcel within the NE 1/4 NW 1/4 . T. 43 N., R. 18 W., Sec. 15, a metes and bounds parcel within the SW 1/4 NE 1/4 . The areas described aggregate 22.36 acres in Mesa, Montrose, and San Miguel Counties. The BLM petition/application has been approved by the Assistant Secretary, Land and Minerals Management, therefore, it constitutes a withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1-3(e)). The use of a right-of-way, interagency agreement, cooperative agreement or surface management under 43 CFR part 3809 regulations would not adequately constrain non-discretionary uses that could irrevocably affect bat maternity roosts. There are no suitable alternative sites, since the lands described contain the resources that need protection. No water rights will be needed to fulfill the purpose of the withdrawal. The potential for locatable minerals is considered to be low. The purpose of the withdrawal is to preserve old mine workings on three small sites on public lands that contain a unique and favorable physical environment for maternity roosts of the Townsend's Big-eared Bat, currently designated as a sensitive species by the BLM in Colorado. For a period of 90 days from the date of publication of this notice, all persons who wish to submit comments, suggestions, or objections in connection with the proposed withdrawal may present their views in writing to the BLM Colorado State Director at the address listed above. Comments including names and street addresses of respondents, will be available for public review at the BLM Colorado State Office, during regular business hours, 7:45 a.m. to 4:15 p.m., Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish to withhold your name or address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comments. Such requests will be honored to the extent allowed by the law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed withdrawal. All interested persons who desire a public meeting for the purpose of being heard on the proposed withdrawal must submit a written request no later than May 24, 2007. Upon determination by the authorized officer that a public meeting will be held, a notice of the time, place, and date will be published in the **Federal Register** and a local newspaper at least 30 days before the scheduled date of the meeting. This withdrawal proposal will be processed in accordance with the regulations set forth in 43 CFR part 2300. For a period of 2 years from the date of publication of this notice in the **Federal Register** , the public lands and minerals will be segregated as specified above unless the application is denied or cancelled or the withdrawal is approved prior to that date. Licenses, permits, cooperative agreements, or discretionary land use authorizations of a temporary nature which will not significantly impact the values to be protected by the withdrawal may be allowed with the approval of the authorized officer of the BLM during the segregative period. Authority: 43 CFR 2310.3-1(a). Dated: December 28, 2006. John D. Beck, Chief, Branch of Lands and Realty. [FR Doc. E7-3085 Filed 2-22-07; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-921-1050-ET; WYW 87233] Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting; Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management

(BLM)proposes to extend the duration of Public Land Order

(PLO)No. 6650 for an additional 20-year term. PLO No. 6650 withdrew 20 acres of public lands from settlement, sale, location, and entry under the general land laws, including the mining laws, to protect the Sugarloaf Petroglyphs and Pine Spring Archeological Sites in Sweetwater County. This notice also gives an opportunity to comment on the proposed action and to request a public meeting. DATES: Comments and requests for a public meeting must be received by May 24, 2007. ADDRESSES: Comments and meeting requests should be sent to the BLM Wyoming State Director, P.O. Box 1828, Cheyenne, Wyoming 82003-1828. FOR FURTHER INFORMATION CONTACT: Janet Booth, BLM, Wyoming State Office, 307-775-6124 or at the above address. SUPPLEMENTARY INFORMATION: The withdrawal created by PLO No. 6650 (52 FR 23549) will expire on June 22, 2007, unless extended. The BLM has filed an application to extend PLO No. 6650 for an additional 20-year term. The withdrawal was made to protect important educational, scientific, cultural, and recreational values of the Sugarloaf Petroglyphs and Pine Spring Archeological Sites, on public lands described as follows. Sixth Principal Meridian T. 14 N., R. 107 W., Sec. 27, E 1/2 NW 1/4 SE 1/4 NW 1/4 . T. 14 N., R. 109 W., Sec. 19, S 1/2 SW 1/4 SW 1/4 SE 1/4 ; Sec. 30, NW 1/4 NW 1/4 NE 1/4 . The areas described aggregate 20 acres in Sweetwater County. The purpose of the proposed extension is to continue the withdrawal created by PLO No. 6650 for an additional 20-year term to protect the educational, scientific, cultural, and recreational values of the Petroglyphs and Pine Spring Archeological Sites. The use of a right-of-way, interagency, or cooperative agreement would not adequately constrain nondiscretionary uses which could result in permanent loss of significant values and irreplaceable resources at the sites. There are no suitable alternative sites since the lands described herein contain the resource values that need protection. No water rights would be needed to fulfill the purpose of the requested withdrawal extension. Records relating to the application may be examined by contacting Janet Booth at the above address or 307-775-6124. For a period of 90 days from the date of publication of this notice, all persons who wish to submit comments, suggestions, or objections in connection with the proposed extension may present their views in writing to the BLM Wyoming State Director at the address noted above. Comments, including names and street addresses of respondents, will be available for public review at the Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming, during regular business hours 7:30 a.m. to 4:30 p.m. Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish to withhold your name or address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comments. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed withdrawal extension. All interested persons who desire a public meeting for the purpose of being heard on the proposed extension must submit a written request to the BLM, Wyoming State Director within 90 days from the date of publication of this notice. If the authorized officer determines that a public meeting will be held, a notice of the time and place will be published in the **Federal Register** at least 30 days before the scheduled date of the meeting. This withdrawal extension proposal will be processed in accordance with the regulations set forth in 43 CFR 2310.4. (Authority: 43 CFR 2310.3-1) Dated: February 7, 2007. Melvin Schlagel, Realty Officer. [FR Doc. E7-3084 Filed 2-22-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF LABOR Employment and Training Administration [SGA/DFA-PY 06-01] Solicitation for Grant Applications (SGA); Women in Apprenticeship and Nontraditional Occupations (WANTO) Grants AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice; Amendment to SGA/DFA-PY-06-01. SUMMARY: The Employment and Training Administration published a document in the **Federal Register** on February 13, 2007 announcing the availability of funds and solicitation for grant applications

(SGA)for the Women in Apprenticeship and Nontraditional Occupations (WANTO) grant programs. This notice is an amendment to the SGA and it amends the Supplementary Information section to correct the number of sections in this SGA. FOR FURTHER INFORMATION CONTACT: James Stockton, Grant Officer, Division of Federal Assistance, at

(202)693-3335. *Supplementary Information Correction:* In the **Federal Register** of February 13, 2007, in FR Doc. E7-2400, in the first sentence (page 6768), “This SGA consists of eleven

(11)sections” is corrected to read, “This SGA consists of eight

(8)sections.” *Date:* This notice is effective February 23, 2007. Signed at Washington, DC, this 16th day of February, 2007. James W. Stockton, Grant Officer. [FR Doc. E7-3038 Filed 2-22-07; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations. DATES: Comments on the petitions must be postmarked and received by the Office of Standards, Regulations, and Variances on or before March 26, 2007. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *E-Mail* : *Standards-Petitions@dol.gov.* 2. *Telefax:* 1-202-693-9441. 3. *Hand-Delivery or Regular Mail:* Submit comments to the Mine Safety and Health Administration (MSHA), Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. If you submit your comments by hand-delivery, you are required to check in at the receptionist desk on the 21st floor. Copies of the petitions and comments will be available during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9443 (Voice), *benedict.ria@dol.gov* (E-mail), or 202-693-9441 (Telefax), or you can contact Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification *Docket Number:* M-2006-080-C. *Petitioner:* Black Beauty Coal Company, 13101 Zeigler 11 Road, P.O. Box 369, Coulterville, Illinois 62237. *Mine:* Gate Mine, (MSHA I.D. No. 11-02408) located in Randolph County, Illinois. *Regulation Affected:* 30 CFR 75.364(b)(1) (Weekly examination). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of evaluation points in the Main East, North Side Intake entries due to deteriorating roof conditions. The petitioner proposes to establish evaluation point one at the No. 12 crosscut of the Main East, North Side Intake and the other evaluation point at the #50 crosscut of the Main East, North Side Intake. The petitioner states that by monitoring the evaluation points on the pre-shift, examinations will provide the proper information to assure that the ventilation controls are in place and functioning properly; the pre-shift examination will be conducted by certified persons and will consist of measuring ventilation quality and quantity; and the results of the examinations will be recorded in a book kept on the surface and readily available to interested parties. The petitioner asserts that the proposed alternative method will provide no less than the same measure of protection as the existing standard. *Docket Number:* M-2006-081-C. *Petitioner:* Oak Grove Resources, LLC, 8800 Oak Grove Mine Road, Adger, Alabama 35006. *Mine:* Oak Grove Mine, (MSHA I.D. No. 01-00851), located in Jefferson County, Alabama. *Regulation Affected:* 30 CFR 75.507 (Power connection points). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of high-voltage non-permissible, submersible pumps in boreholes in an area of its mine where water has accumulated which is not on intake air. The petitioner states that the pumps will be located within the boreholes, the electrical components of the pump will always be separated from the mine atmosphere, and the pumps will be under water continuously. The petitioner proposes to use the specific procedures outlined in this petition for modification. Persons may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method will all times guarantee no less than the same measure of protection afforded the miners employed at Oak Grove Mine by the existing standard. *Docket Number:* M-2006-082-C. *Petitioner:* Rosebud Mining Company, 301 Market Street, Kittanning, Pennsylvania 16201. *Mine:* Penfield Mine, (MSHA I.D. No. 36-09355), located in Kittanning County, Pennsylvania. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternate method of compliance with the requirement for firefighting equipment at temporary electrical installations. The petitioner proposes to use two

(2)fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations in lieu of using 240 pounds of rock dust. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard. *Docket Number:* M-2006-083-C. *Petitioner:* Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656. *Mine:* Dominion Mine No. 22, (MSHA I.D. No. 44-06645), located in Buchanan County, Virginia. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). *Modification Request:* The petitioner requests a modification of the existing standard to allow abandoned mine openings to be covered with coarse scalp rock refuse material. Extension of existing refuse pile (Site ID #1211-VA5-0335-02) will cover the mine bench in an area containing abandoned mine openings. The petitioner states that:

(1)There are a total of five

(5)mine openings in the area to be filled with refuse at the Dominion Coal Corporation, Mine No. 22, and in the Tiller coal seam at the approximate elevation of 2085.00; and

(2)the bench is the mine bench of the Dominion Mine No. 22 Tiller seam mine. The petitioner proposes to use the following methodology to seal the mine openings:

(1)Remove of all sloughed overburden of 10 to 12 feet in front of and to either side of the drift openings in order to allow placement of suitable material for sealing;

(2)Install a minimum 10-inch high-density polyethylene (PHDPE) pipe or PVC pipe wet seal in the lowest entry to prevent water from impounding in the mine void, cover the pipe with gravel, and extend the pipe through the fill area directed into the natural drainage course;

(3)Backfill all drifts to a height of four

(4)feet above the drift openings or to four

(4)feet above any visible cracks above the drifts with an impervious, non-combustible material which would contain enough fines to ensure an airtight seal compacted to 90 percent of the Proctor and place backfill material in two

(2)foot lifts; and

(4)Backfill all exposed coal seams in the vicinity of the openings to a minimum of four

(4)feet above the top of the coal seam. The petitioner asserts that the proposed alternative method will provide at least the same degree of safety as the existing standard. *Docket Number:* M-2006-084-C. *Petitioner:* The North American Coal Corporation, P.O. Box 399, Jourdanton, Texas 78026. *Mine:* San Miguel Mine, (MSHA I.D. No. 41-02840), located in Atascosa County, Texas. *Regulation Affected:* 30 CFR 77.803 (Fail safe ground check circuits on high-voltage resistance grounded systems). *Modification Request:* The petitioner requests a modification of the existing standard for raising and lowering the boom/mast during disassembly or major maintenance. The petitioner states that during the boom raising and boom lowering period of construction and maintenance, the machine will not be performing mining operations and major maintenance requiring the raising/lowering of the boom/mast would only be performed on an as needed basis. All persons involved in the boom raising/lowering process would be trained and retrained prior to using the procedure. The petitioner asserts that application of the proposed alternative method will not result in a diminution of safety to the miners. *Docket Number:* M-2006-013-M. *Petitioner:* Vulcan Construction Materials, LP, 3001 Alcoa Highway, Knoxville, Tennessee 37920. *Mine:* Richmond Road Underground Mine, (MSHA I.D. No. 15-00107), located in Fayette County, Kentucky. *Regulation Affected:* 30 CFR 49.2 (Availability of mine rescue teams). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of the Eastwood Fire District Firefighting and Rescue Teams as their mine rescue provider. The petitioner states that:

(1)The rescue teams are located in Eastwood, Kentucky within the required time limit to the mine and have the required MSHA training;

(2)the team members have had extensive training in firefighting, evacuation, and rescue;

(3)the teams have had underground training and are familiar with the mines for which they will supply mine rescue services; and

(1)The rescue teams are located in Eastwood, Kentucky within the required time limit to the mine and have the required MSHA training;

(2)the team members have had extensive training in firefighting, evacuation, and rescue;

(3)the teams have had underground training and are familiar with the mines for which they will supply mine rescue services; and

(1)The rescue teams are located in Eastwood, Kentucky within the required time limit to the mine and have the required MSHA training;

(2)the team members have had extensive training in firefighting, evacuation, and rescue;

(3)the teams have had underground training and are familiar with the mines for which they will supply mine rescue services; and

(4)the teams will have more rescue training than 30 CFR 49.8 requires and will train underground with apparatus at each of the mines where they will provide service. The petitioner asserts that the proposed alternative method of achieving the result of the standard will at all times guarantee no less that the same measure of protection afforded by the standard. Dated: February 16, 2007. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E7-3120 Filed 2-22-07; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations. DATES: Comments on the petitions must be postmarked and received by the Office of Standards, Regulations, and Variances on or before March 26, 2007. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *E-Mail: Standards-Petitions@dol.gov.* 2. *Telefax:* 1-202-693-9441. 3. *Hand-Delivery or Regular Mail:* Submit comments to the Mine Safety and Health Administration (MSHA), Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, *Attention:* Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. If you submit your comments by hand-delivery, you are required to check in at the receptionist desk on the 21st floor. Copies of the petitions and comments will be available during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9443 (Voice), *benedict.ria@dol.gov* (E-mail), or 202-693-9441 (Telefax), or you can contact Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification *Docket Number:* M-2006-085-C *Petitioner:* Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202. *Mine:* Shoal Creek Mine, (MSHA I.D. No. 01-02901), located in Jefferson County, Alabama. *Regulation Affected:* 75.1101-1(b) (Deluge-type water spray systems). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of deluge-type water spray systems installed at belt conveyor drives in lieu of using blow off dust covers. The petitioner proposes to have a person who is trained in the testing procedure specific to the deluge-type water spray fire suppression systems conduct examinations and tests on a weekly basis as follows:

(1)Conduct a visual examination of each of the deluge-type water spray fire suppression systems;

(2)conduct a functional test of the deluge-type water spray fire suppression system and observe its performance; and

(3)record the results of the examination and test in a book maintained on the surface which would be retained and made available to the authorized representative of the Secretary. The petitioner states that if any malfunction or clogged nozzle is detected as a result of the weekly examination or functional test, corrections will be made. The petitioner further states that within 60 days of the final order, a revised 30 CFR Part 48 training plan will be submitted to the District Manager that includes initial and refresher training to comply with the order. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection to all miners at the Shoal Creek Mine as would be provided by the mandatory safety standards and will satisfy the criteria of the standard. *Docket Number:* M-2006-086-C *Petitioner:* Mystic, LLC, P.O. Box 228, Stanaford, West Virginia 25927. *Mine:* Candice 2 Mine, (MSHA I.D. No. 46-08429), located in Boone County, West Virginia. *Regulation Affected:* 30 CFR 75.1700 (Oil and gas wells). *Modification Request:* The petitioner requests a modification of the existing standard to permit plugging of all oil and gas wells encountered during normal operations. The petitioner requests MSHA's approval of this modification for all oil and gas wells it intends to plug in the Candice 2 Mine. The petitioner states that in lieu of establishing and maintaining barriers around oil and gas wells, the Lower Winifrede coal seam will be sealed from surrounding strata at the wells to be plugged. The petitioner proposes the following techniques:

(1)Cleaning out and preparing oil and gas wells;

(2)plugging oil and gas wells to the surface;

(3)plugging oil and gas wells using the vent pipe method; and

(4)plugging oil and gas wells for use as degasification boreholes. Persons may review a complete description of petitioner's alternative methods and procedures at the MSHA address listed in the notice. The petitioner asserts that the proposed alternative method will provide the same degree of safety as the existing standard. *Docket Number:* M-2006-087-C *Petitioner:* Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528. *Mine:* Deer Creek Mine, (MSHA I.D. No. 42-00121), located in Emery County, Utah, and Bridger Underground Coal Mine, (MSHA I.D. No. 48-01646), located in Sweetwater County, Wyoming. *Regulation Affected:* 30 CFR 75.1909(b) (Non-permissible diesel-powered equipment; design and performance requirements). *Modification Request:* The petitioner requests that its previously granted petition for modification, docket number M-1999-108-C be amended to permit the purchase of another grader for the Deer Creek Mine with the potential to use the grader at the Bridger Underground Coal Mine. The petitioner would like to:

(1)Retain the previous petition with its current requirements;

(2)add the new grader to the petition; and

(3)delete the reference to the Trail Mountain Mine and replace it with the Bridger Underground Coal Mine. The petitioner states that with the addition of the new grader, the petition would read as follows:

(1)The Proposed Decision and Order

(PDO)is limited in application to the Getman Model No. G600U and Getman RDG-1504C diesel graders used at the Deer Creek Mine and the Bridger Underground Coal Mine;

(2)The maximum speed on the Getman Model No. G600U and Getman RDG-1504C will be limited to 10 mph by:

(a)Permanently blocking out the gear(s) or any gear ratio(s) that provide higher speeds. The device shall limit the vehicle speed in both forward and reverse;

(b)using transmission(s) and differential(s) geared in accordance with the equipment manufacturer which limits the maximum speed to 10 mph. The petitioner further proposes the following prior to implementing the alternative method:

(1)The Getman Model RDG-1504C diesel grader would be inspected by MSHA to determine compliance with the terms and conditions of the PDO;

(2)grader operators would be trained to recognize appropriate levels of speed for different road conditions and slopes;

(3)grader operators would be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies; and

(4)grader operators would be trained to recognize the transmission gear blocking device and its proper application and requirements, and will comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 CFR Parts 75 and 77. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-088-C *Petitioner:* Cumberland River Coal Company, Pardee Complex, P.O. Drawer 109, Appalachia, Virginia 24216. *Mine:* Band Mill Mine, (MSHA I.D. No. 44-06816), located in Wise County, Virginia. . *Regulation Affected:* 30 CFR 75.364(b)(1) (Weekly examination). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of three monitoring locations to check and measure air flow through certain sections of the mine due to deteriorating roof conditions. The petitioner proposes to establish monitoring locations (ML 61, 62, and 63) to check and measure air flow through the 450 feet portion of 1 North Submain. Additionally, two monitoring stations would be established (ML 64 and 65) in the faces of 4 Left Panel and 3 West Submain. The petitioner states that future plans would include having a production unit back in both these areas. The petitioner proposes to maintain 2,000 cfm through each of the ML's. Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. *Docket Number:* M-2006-089-C *Petitioner:* The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, Ohio 43902. *Mine:* Powhatan No. 6 Mine, (MSHA I.D. No. 33-01159), located in Monroe County, Ohio. *Regulation Affected:* 30 CFR 75.507 (Power connection points). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of low and medium voltage, three-phase, alternating-current submersible pump(s) installed in return and bleeder entries, ventilation shafts, and boreholes in the Powhatan No. 6 Mine. The petitioner further states that protection will be provided by a suitable circuit interrupting device to protect against under-voltage, grounded phase, short-circuit and overload. Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-016-M *Petitioner:* Phelps Dodge Morenci, Inc., 4521 U.S. Highway 191, Morenci, Arizona 85540. *Mine:* Morenci Mine, (MSHA I.D. No. 02-00024), located in Greenlee County, Arizona. *Regulation Affected:* 30 CFR 56.6309(b) (Fuel oil requirements for ANFO). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of used petroleum-based, lubrication oil from diesel equipment at the Bagdad Mine for blending with diesel fuel and conventional prills to create ammonium nitrate-fuel oil (ANFO). Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Dated: February 16, 2007. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E7-3121 Filed 2-22-07; 8:45 am] BILLING CODE 4510-43-P MISSISSIPPI RIVER COMMISSION Sunshine Act Meetings Agency Holding the Meetings: Mississippi River Commission. Time and Date: 9 a.m., April 16, 2007. Place: On board MISSISSIPPI V at City Front, Caruthersville, MO. Status: Open to the public. Matters to be Considered:

(1)Summary report by President of the Commission on national and regional issues affecting the U.S. Army Corps of Engineers and Commission programs and projects on the Mississippi River and its tributaries;

(2)District Commander's overview of current project issues within the Memphis District; and

(3)Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. Time and Date: 9 a.m., April 17, 2007. Place: On board MISSISSIPPI V at Mud Island, Memphis, TN. Status: Open to the public. Matters to be Considered:

(2)District Commander's overview of current project issues within the Memphis District; and

(3)Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. Time and Date: 1 p.m., April 19, 2007. Place: On board MISSISSIPPI V at Fulton Street Landing, Natchez, MS. Status: Open to the public. Matters to be Considered:

(2)District Commander's overview of current project issues within the Vicksburg District, and

(3)Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. Time and Date: 9 a.m., April 20, 2007. Place: On board MISSISSIPPI V at City Dock, Baton Rouge, LA. Status: Open to the public. Matters to be Considered:

(2)District Commander's overview of current project issues within the New Orleans District; and

(3)Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or of the Commission and the Corps of Engineers. Contact Person for More Information: Mr. Stephen Gambrell, telephone 601-634-5766. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 07-849 Filed 2-21-07; 11:54 am]

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