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Code · REGISTER · 2007-03-26 · Federal Communications Commission · Rules and Regulations

Rules and Regulations. Proposed rule

14,775 words·~67 min read·/register/2007/03/26/07-1431

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

BILLING CODE 6560-50-M FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [CC Docket No. 01-92; DA 07-1337] Missoula Intercarrier Compensation Reform Plan Federal Benchmark Mechanism Proposal AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: This document seeks comment on a proposed federal benchmark mechanism addressing issues faced by “early adopter” states, i.e. states that have already taken steps to substantially reduce intrastate access rates. This proposal is intended to be incorporated as an amendment to the Missoula Plan, an intercarrier compensation reform plan filed July 24, 2006 by the National Association of Regulatory Utility Commissioners' Task Force on Intercarrier Compensation (the NARUC Task Force).
DATES: Comments due on or before March 28, 2007, reply comments due on or before April 12, 2007. ADDRESSES: All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, Room 5-A266, 445 12th Street, SW., Washington, DC. Comments may be submitted, identified by CC Docket No. 01-92, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *Agency Web Site: http://www.fcc.gov* .
Follow the instructions for submitting comments on the Electronic Comment Filing System
(ECFS)/ *http://www.fcc.gov/cgb/ecfs/* . • *E-mail:* To *randy.clarke@fcc.gov* . Include CC Docket No. 01-92 in the subject line of the message. • *Fax:* To the attention of Randy Clarke at 202-418-1567. Include CC Docket No. 01-92 on the cover page. • *Mail:* Parties should send a copy of their filings to Randy Clarke, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-A360, 445 12th Street, SW., Washington, DC 20554. • *Public inspection, purchase, or download:* The full text of the document summarized here is available for inspection and copying during normal business hours in the FCC Reference Center, Portals II, 225 12th Street, SW., Room CY-A257, Washington, DC 20504. The complete text of this document also may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room, CY-B402, Washington, DC 20554, and may also be downloaded at: *http://www.fcc.gov* . *People With Disabilities:* To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). *Instructions:* All submissions received must include the agency name and docket number. All comments received will be posted without change to *http://www.fcc.gov/cgb/ecfs/* , including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Comment Filing Procedures” heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition Bureau, Pricing Policy Division,
(202)418-1530, or Randy Clarke, Wireline Competition Bureau, Pricing Policy Division,
(202)418-1587. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document in, CC Docket No. 01-92, DA No. 07-1337, released March 16, 2007. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, Portals II, 445 12th St., SW., Room CY-A257, Washington, DC 20554. The complete text of this document also may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: *http://www.fcc.gov* . By this document, the Commission establishes comment and reply comment filing dates for receiving comment on a proposed federal benchmark mechanism addressing issues faced by “early adopter” states, i.e. states that have already taken steps to substantially reduce intrastate access rates. The filing dates established replace filing dates previously established in Public Notice DA 03-738, released by the Commission on February 16, 2007. The proposal on which the Commission seeks comment is intended to be incorporated as an amendment to the Missoula Plan, an intercarrier compensation reform plan filed July 24, 2006 by the NARUC Task Force. The proposal was described in a written *ex parte* filed January 30, 2007 by the Chairman of the Wyoming Public Service Commission, staff members from the Indiana, Maine, Nebraska, and Vermont Commissions, and the Supporters of the Missoula Plan, including AT&T, Global Crossing, Level 3 Communications, and 336 members of the Rural Alliance, among others. The Supporters of the Missoula Plan filed corrections to the proposal on February 5, 2007. Interested parties may file comments on or before March 28, 2007 and reply comments on or before April 12, 2007. Comments may be filed using the Commission's Electronic Comment Filing System
(ECFS)or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to *http://www.fcc.gov/cgb/ecfs/* . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number, in this case, CC Docket No. 01-92. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to *ecfs@fcc.gov* , and should include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Paper filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). Parties are strongly encouraged to file comments electronically using the Commission's ECFS. The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Randy Clarke, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-A266, 445 12th Street, SW., Washington, DC 20554, or by e-mail to *Randy.Clarke@fcc.gov* . Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
(202)488-5300, or via e-mail to *fcc@bcpiweb.com* . Documents in CC Docket No. 01-92 will be available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St, SW., Room CY-A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone
(202)488-5300, facsimile
(202)488-5563, TTY
(202)488-5562, e-mail *fcc@bcpiweb.com* . To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's *ex parte rules* . 47 CFR 1.1200 *et seq.* Persons making oral *ex parte* presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one-or two-sentence description of the views and arguments presented generally is required. 47 CFR 1.1206(b)(2). Other requirements pertaining to oral and written presentations are set forth in § 1.1206(b) of the Commission's rules. 47 CFR 1.1206(b). Authority: 47 U.S.C. 152, 153, 154, 155. Federal Communications Commission. Kirk S. Burgee, Chief of Staff, Wireline Competition Bureau. [FR Doc. E7-5455 Filed 3-23-07; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 630 [Docket No: FTA-2007-27319] RIN 2132-AA94 National Transit Database: Amendment To Reporting Requirements and Non-Substantive Technical Changes AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This notice of proposed rulemaking
(NPRM)provides interested parties with the opportunity to comment on proposed changes to the Federal Transit Administration's
(FTA)National Transit Database
(NTD)Uniform System of Accounts and Reporting System. The proposed changes will require recipients of formula grants for other than urbanized areas (Nonurbanized Area Formula Grants) to report annual transit data to the NTD. As mandated by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), this proposed rule will also require the annual reporting of rural transit data as a condition for receiving grant awards under the Nonurbanized Area Formula Program. Currently, FTA requires recipients of FTA Urbanized Area Formula Grants to provide an annual report to the Secretary of Transportation via the NTD using a uniform system of accounts and reporting system. This proposed rule will not affect existing mandatory reporting requirements for recipients of Urbanized Area Formula grants. In addition, this proposed rule makes non-substantive changes, technical corrections, and conforming amendments to 49 CFR part 630, “Uniform System of Accounts and Reporting System.” Technical corrections and conforming amendments are needed to update the regulation and make certain provisions clearer. These changes will have no substantive effect on the regulated public. DATES: Comments must be received on or before April 25, 2007. Late filed comments will be considered to the extent practicable. ADDRESSES: You may submit comments by any of the following methods: *Federal Rulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Web site: http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. *Fax:* 202-493-2251. *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, Washington, DC 20590-0001. *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Instructions:* When submitting comments electronically to the Department's Docket Management System
(DMS)Web site located at *http://dms.dot.gov* , you must use docket number 27319. This will ensure that your comment is placed in the correct docket. If you submit comments by mail, you should submit two copies and include the above docket number. Note that all comments received will be posted, without change, to *http://dms.dot.gov* including any personal identifying information. This means that if your comment includes any personal identifying information, such information will be made available to users of DMS. You may review the Department's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477) or you may visit *http:// dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: For program issues, Nancy Ody, Office of Budget and Policy,
(202)366-0177 (telephone);
(202)366-7989 (fax); or *nancy.ody@dot.gov* (e-mail). For legal issues, Shauna Coleman, Office of the Chief Counsel,
(202)366-4011 (telephone);
(202)366-3809 (fax); or *shauna.coleman@dot.gov* (e-mail). SUPPLEMENTARY INFORMATION: I. Background The National Transit Database
(NTD)is the Federal Transit Administration's
(FTA)primary national database for statistics on the transit industry. Section 3033 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59 (August 10, 2005)] amended the National Transit Database provisions under 49 U.S.C. 5335 to establish annual reporting requirements for grantees under 49 U.S.C. 5311, Formula grants for other than urbanized areas (Nonurbanized Area Formula Grants), while maintaining existing NTD annual reporting requirements for grantees under 49 U.S.C. 5307, Urbanized Area Formula grants. This rule proposes to revise 49 CFR part 630, the Uniform System of Accounts and Reporting System, to conform with 49 U.S.C. 5335, as amended by section 3033 of SAFETEA-LU. Section 3013(b) of SAFETEA-LU amended 49 U.S.C. 5311(b)(4) to require that each grant recipient receiving Nonurbanized Area Formula Program Grants submit an annual report containing information on capital investment, operations, and service provided with grant funds from this program. The information contained in the report must include the following: total annual revenue; sources of revenue; total annual operating costs; total annual capital costs; fleet size and type, and related facilities; revenue vehicle miles; and ridership. Section 5335(b) now requires that each recipient of assistance of Section 5311 funds, or any person that will receive benefits directly from these funds, be subject to these reporting requirements. The mandatory reporting criteria will assist FTA to understand the effectiveness of Nonurbanized Area Formula Grants in improving rural public transportation. These data are similar to those already collected by FTA for recipients of Urbanized Area Formula Grants (Section 5307) but are streamlined for rural recipients. Section 5335(b) continues to require reporting from recipients and beneficiaries of assistance under Section 5307. On November 30, 2005, FTA published in the **Federal Register** (70 FR 71950, November 30, 2005) the procedures and start dates for mandatory annual reporting that State departments of transportation must follow when submitting rural transit data to FTA. These rural transit data reporting procedures and the mandatory reporting dates remain in effect for Fiscal Year
(FY)2007. The 2006 NTD Rural Data Reporting Manual and reporting instructions can be reviewed on the NTD Web site, *http://www.ntdprogram.gov* . FTA updates the Reporting Manual annually and based the 2006 Reporting Manual on a voluntary model developed in coordination with State departments of transportation. FTA is currently revising the 2007 Reporting Manual, in consultation with the State departments of transportation, to reflect States' experiences in using the voluntary rural reporting module in 2006, and to incorporate additional data points required in SAFETEA-LU. FTA will propose changes to the reporting requirements in the **Federal Register** for notice and comment in the spring of 2007. As previously stated, the information requested from recipients and beneficiaries of Nonurbanized Area Formula Grants is similar to data collected by FTA for Urbanized Area Formula Grants. Section 5335(a) authorizes FTA to request and receive appropriate information from any source to include in its reporting requirements for recipients of Urbanized Area Formula Grants and Nonurbanized Area Formula Grants. As stated in the Conference Report accompanying SAFETEA-LU, Congress expected that the data collection requirements for NTD would be “tailored to the smaller size of the typical public transportation system in rural areas, while still providing enough information to judge the condition and performance of our Nation's network of rural public transportation systems.” (H.R. Rep. No. 109-203, at 943
(2005)(Conf. Rep.). FTA seeks to follow Congressional direction in our rural data collection efforts. FTA recognizes that many recipients and beneficiaries of Section 5311 program funds believe that the newly-enacted reporting requirements are onerous. To address these concerns, FTA would like to offer an explanation as to why these reporting requirements are requested and how they will be used regarding current and future funding of rural public transportation. First, SAFETEA-LU significantly increases the annual apportionment amounts for the Nonurbanized Area Formula Grant program beyond TEA-21 enacted funding levels. In order to determine the effectiveness of program apportionment increases, FTA will use the information on rural public transportation programs to gauge how the increased apportionments affect recipients and beneficiaries of Section 5311 grants. Second, the collection of reporting data for this program will help FTA measure progress in addressing rural public transportation service needs. Only limited information on rural public transportation needs currently exists, and it cannot be used to analyze trends over time. The information required by Section 5311(b)(4) will allow FTA to better assess the needs of rural transit services. These data will be used to identify the sources of revenue used by rural transit providers, how they are being expended, the services that they are providing and the performance of these services in providing rural transportation. FTA is accepting comments on substantive amendments that would implement the annual reporting requirements for Nonurbanized Area Formula grant recipients and beneficiaries. The proposed rule also contains technical corrections and conforming amendments, such as changes to the statutory references. Pursuant to 5 U.S.C. 553(b)(3)(A), such changes are “interpretative” in nature and, as such, FTA is not required to accept or consider comments on them. Therefore, the public should refrain from commenting on these interpretative changes to 49 CFR part 630. Regulatory Process Matters Executive Order 12866 Executive Order 12866 requires agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” This proposed rule would amend the NTD reporting and recordkeeping requirements to require recipients of Nonurbanized Area Formula Grants to report annual transit data to the NTD following previously established guidelines for a voluntary State-based rural data module developed in consultation with State departments of transportation. FTA has preliminarily determined that this action is not a significant regulatory action under section 3(f) of Executive Order 12866, and anticipates that the direct economic impact of this rulemaking would be minimal. Section 5335, as amended by SAFETEA-LU, mandates the additional requirement that recipients and beneficiaries of Nonurbanized Area Formula Grants report annual transit data to the NTD. FTA considers this proposal as a way to clarify existing regulatory requirements, and believes that the proposed changes would not adversely affect, in any material way, any sector of the economy. In addition, the proposed changes would not interfere with any action taken or planned by another agency and would not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Executive Order 13132 Executive Order 13132 requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may have a substantial, direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. FTA has analyzed this proposed action in accordance with the principles and criteria contained in Executive Order 13132, and FTA has determined that this proposed action would not have sufficient implications to warrant the preparation of a federalism assessment. FTA has also determined that this proposed action would not preempt any State law or State regulation or affect States' abilities to discharge traditional government functions. FTA invites State and local governments with an interest in this rulemaking to comment on the effect that adoption of specific proposals may have on State or local governments. Executive Order 13175 Executive Order 13175 requires agencies to assure meaningful and timely input from Indian tribal government representatives in the development of rules that significantly or uniquely affect Indian communities and that impose “substantial and direct compliance costs” on such communities. This proposed rule would require tribes that are recipients to report to the NTD. In addition, this proposed rule would require tribes that are subrecipients to report NTD data to the State. However, FTA has analyzed this proposed rule under Executive Order 13175 and believes that the proposed action would not have substantial direct effects on one or more Indian tribes; would not impose substantial direct compliance costs on Indian tribal governments; and would not preempt tribal laws. Therefore, a tribal impact statement is not required. We invite Indian tribal governments to provide comments on the effect that adoption of specific proposals may have on Indian communities. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 *et seq.* ), FTA must consider whether a proposed rule would have a significant economic impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. If your business or organization is a small entity, and if adoption of proposals contained in this notice could have a significant economic impact on your operations, please submit a comment to explain how and to what extent your business or organization could be affected. Paperwork Reduction Act Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) (Pub. L. 104-13, 109 Stat. 163), FTA may not conduct or sponsor, and a person is not required to respond to or may not be penalized for failing to comply with, a collection of information unless it displays a currently valid Office of Management and Budget
(OMB)control number. FTA paperwork collection number 2132-0008 covers the information collection requirements of this proposed rule. OMB approved an extension without change of the collection number. The new expiration date of this collection number is August 31, 2008. Unfunded Mandates Assessment This proposed rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128.1 million or more in any one year (2 U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform Act of 1995, FTA will evaluate any regulatory action that might be proposed in subsequent stages of the proceeding to assess the effects on State, local, and tribal governments and the private sector. National Environmental Policy Act The National Environmental Policy Act of 1969, (42 U.S.C. 4321-4347), requires Federal agencies to consider the consequences of major Federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. The proposed action would not have any effect on the quality of the environment under the National Environmental Policy Act of 1969. Privacy Act Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://dms.dot.gov.* List of Subjects in 49 CFR Part 630 Accounting, Uniform System of Accounts. For the reasons discussed in the preamble, the Federal Transit Administration proposes to revise 49 CFR Part 630 as follows: PART 630—REPORTING AND RECORDKEEPING REQUIREMENTS Subpart A—General Sec. 630.1 Purpose. 630.2 Scope. 630.3 Definitions. 630.4 Requirements. 630.5 Failure to report data. 630.6 Late and incomplete reports. 630.7 Failure to respond to questions. 630.8 Questionable data items. 630.9 Notice of FTA action. 630.10 Waiver of reporting requirements. 630.11 Data adjustments. 630.12 Display of OMB control numbers. Appendix A—Overview and Explanation of the FTA National Transit Database Uniform System of Accounts and Reporting System Authority: 49 U.S.C. 5301-5340 and 49 CFR 1.51. § 630.1 Purpose. The purpose of this part is to prescribe requirements and procedures necessary for compliance with the National Transit Database Uniform System of Accounts and Reporting System mandated by 49 U.S.C. 5335, and to set forth the procedures for addressing a reporting agency's failure to comply with these requirements. § 630.2 Scope. This part applies to all applicants and any person that receives benefits directly from a grant under 49 U.S.C. 5307 or 5311. § 630.3 Definitions.
(a)Except as otherwise provided, terms defined in 49 U.S.C. 5301 *et seq* . are used in this part as so defined.
(b)Terms defined in the current edition of the National Transit Database Uniform System of Accounts and the annual Reporting Manual are used in this part as so defined.
(c)For purposes of this part: *Administrator* means the Federal Transit Administrator or the Administrator's designee. *Applicant* means an applicant for assistance under 49 U.S.C. 5307 or 5311. *Assistance* means Federal financial assistance for the acquisition, construction, or operation of public transportation services. *Beneficiary* means any organization operating and delivering transit services that receives benefits from assistance under 49 U.S.C. 5307 or 5311. *Chief Executive Officer (CEO)* means the principal executive in charge of and responsible for the reporting agency. *Current edition* of the National Transit Database Uniform Systems of Accounts and the Reporting Manual means the most recently issued edition of the reference documents. *Days* mean calendar days. *Public Transportation Agency or transit agency* means an agency authorized to transport people by bus, rail, or other conveyance, either publicly or privately owned, and which provides to the public general or special service (but not including school, charter, sightseeing service or intercity bus transportation or intercity rail transportation provided by the entity described in 41 U.S.C. Chapter 243 (or a successor to that entity) on a regular and continuing, scheduled or unscheduled basis. Transit agencies are classified according to the mode of transit service operated. A multi-mode transit agency operates two or more modes, which are defined in the current editions of the National Transit Database Uniform System of Accounts and the Reporting Manual. *Reference Document(s)* means the current editions of the National Transit Database Uniform System of Accounts and the Reporting Manual. These documents are subject to periodic revision. Beneficiaries and applicants are responsible for using the current editions of the reference documents. *Reporting agency* means the agency required to submit a report under 49 U.S.C. 5335. § 630.4 Requirements.
(a)*National Transit Database Uniform System of Accounts.* Each applicant for and beneficiary of Federal financial assistance under 49 U.S.C. 5307 or 5311 must comply with the applicable requirements of 49 U.S.C. 5335, as set forth in the current edition of the “National Transit Database Uniform System of Accounts”; the “Reporting Manual”; Circulars; and other reference documentation.
(b)*Reporting system.* Each applicant for, and beneficiary of, Federal financial assistance under 49 U.S.C. 5307 or 5311 must comply with the applicable requirements of 49 U.S.C. 5335, as set forth in the current edition of the “National Transit Database Uniform System of Accounts”; the “Reporting Manual”; Circulars; and other reference documentation.
(c)*Copies.* Copies of reference documents are available from the National Transit Database Web site located at *http://www.ntdprogram.gov* . These reference documents are subject to periodic revision. Revisions of reference documents will be posted on the National Transit Database Web site and a notice of any significant changes in these reference documents will be published in the **Federal Register** . On an annual basis, FTA will mail reporters a CD containing a copy of the most recent version of the Reporting Manual along with copies of other NTD data publications. § 630.5 Failure to report data. Failure to report data in accordance with this part will result in the reporting agency being ineligible to receive any section 5307 or 5311 grants directly or indirectly ( *e.g.* , a public agency receiving FTA funds through another public agency rather than directly from FTA). This ineligibility applies to all reporting agencies without regard to the size of the urbanized area served by the reporting agency. § 630.6 Late and incomplete reports.
(a)*Late reports.* Each reporting agency shall ensure that its report is received by FTA on due dates prescribed in the annual Reporting Manual. A reporting agency may request an extension of 30 days after the due date. FTA will treat a failure to submit the required report by the due date as failure to report data under § 630.5.
(b)*Incomplete reports.* FTA will treat any report or submission that does not contain all the necessary reporting forms, data, or certifications for services directly operated by the reporting agency in substantial conformance with the definitions, procedures, and format requirements set out in the National Transit Database Uniform System of Accounts and Reporting System as failure to report data under § 630.5. FTA will treat the submission of a report with incomplete data or missing forms for services provided under contract to the reporting agency by private or public carriers as failure to report data under § 630.5 provided that the reporting agency has exhausted all possibilities for obtaining this information. § 630.7 Failure to respond to questions. FTA will review each section 5335 report to verify the reasonableness of the data submitted. If any of the data do not appear reasonable, FTA will notify the reporting agency of this fact and request written justification to document the accuracy of the questioned data. Failure of a reporting agency to make a good faith written response to this request will be treated under § 630.5 as failure to report data. § 630.8 Questionable data items. FTA may enter a zero or adjust any questionable data item(s) in a reporting agency's section 5335 report used in computing the section 5307 or 5311 apportionment. These adjustments may be made if any data appear inaccurate or have not been collected and reported in accordance with FTA's definitions and/or confidence and precision levels, or if there is lack of adequate documentation or a reliable recordkeeping system. § 630.9 Notice of FTA action. Before taking final action under §§ 630.5, 630.6, 630.7, or 630.8, FTA will transmit a written request to the reporting agencies to provide the necessary information within a specified reasonable period of time. FTA will advise the reporting agency of its final decision in this regard. § 630.10 Waiver of reporting requirements. Waivers of one or more sections of the reporting requirements may be granted at the discretion of the Administrator on a written showing that the party seeking the waiver cannot furnish the required data without unreasonable expense and inconvenience. Each waiver will be for a specified period of time. § 630.11 Data adjustments. Errors in the data used in making the apportionment may be discovered after any particular year's apportionment is completed. If so, FTA shall make adjustments to correct these errors in a subsequent year's apportionment to the extent feasible. § 630.12 Display of OMB control numbers. All of the information collection requests in this part have been approved by the Office of Management and Budget under control number 2132-0008. Appendix A to Part 630—Overview and Explanation of the FTA National Transit Database Uniform System of Accounts and Reporting System A. Introduction Title 49 U.S.C. 5335 provides for establishment of two information-gathering analytic systems: the National Transit Database Uniform System of Accounts, and a Reporting System for the collection and dissemination of public transportation financial and operating data by uniform categories. The purpose of these two systems is to provide information on which to base public transportation planning and public sector investment decisions. FTA administers the section 5335 Reporting System. *The National Transit Database Uniform System of Accounts* consists of: • Various categories of accounts and records for classifying financial and operating data; • Precise definitions as to what data elements are to be included in these categories; and • Definitions of practices for systematic collection and recording of such information. • While a specific accounting system is recommended for this recordkeeping, it is possible to make a translation from most existing accounting systems to comply with the section 5335 Reporting System, which consists of forms and procedures: • For transmitting data from transit agencies to FTA; • For editing and storing the data; and • For FTA to report information to various groups. Under the terms of section 5335, all applicants for, and beneficiaries of, Federal assistance under sections 5307 or 5311 must comply with the Reporting System and the National Transit Database Uniform System of Accounts to be eligible for Federal grants. It should be noted that separate and complete section 5335 reports must be submitted by or for each purchased transportation service provider that operates 100 or more revenue vehicles for the purchased service during the maximum service period. B. Purpose of This Appendix This appendix presents a general introduction to the structure and operation of the two Systems. It is not a detailed set of instructions for completion of a section 5335 report or establishment of a System of Accounts and Records. Persons in need of more information should refer to the current editions of the National Transit Database Uniform System of Accounts and the Reporting Manual, available from the NTD Web site, *http://www.ntdprogram.gov* under the section titled *NTD Publications and Reference Materials.* FTA periodically updates these reference documents or supplements them to revise or clarify section 5335 definitions, reporting forms, and instructions. Section 630.4 makes clear that reporting agencies must use the most recent edition of reference documents and reporting forms to comply with the section 5335 requirements. FTA therefore encourages local officials to check with FTA before completing a section 5335 report to avoid unnecessary efforts and delays. C. Special (Reduced) Reporting Requirements Certain information collection and recording requirements were tailored to accommodate the unique characteristics of certain transportation modes. Reduced requirements were permitted during limited time periods to ease transition to complete reporting for these modes. Reduced reporting requirements for commuter rail systems and vanpool services ended in the 1987 report year. In addition, the reduced reporting requirements for private subscription and private noncontract conventional bus service is eliminated for the 1992 report year. At the direction of Congress, the NTD began to use new forms for reporting after 2001. D. A Single Required Level of Section 5335 Reporting and Recordkeeping FTA has developed a single required reporting format for use by all transit agencies. The single required level accommodates variations in size, local laws, and modes of transport. The National Transit Database Uniform System of Accounts also contains additional detailed financial and operational data that can be submitted at the reporting agency's option. Because the optional subcategories of data can be aggregated to the required level, these subcategories define the more aggregated data. The definitions for data reported at the required level are consistent with, and summarized from, those for the more detailed optional data. E. The National Transit Database Uniform System of Accounts The National Transit Database Uniform System of Accounts consists of a financial accounting and operational recordkeeping system designed for public transportation managers and planners. Its uniformity permits more thorough and accurate comparisons and analyses of different transit agencies' operating costs and efficiencies than if each had a unique recordkeeping and accounting system. The National Transit Database Uniform System of Accounts establishes various categories of accounts and records for classifying public transportation operating and financial data, and includes precise definitions of transportation terminology to ensure that all users share a common understanding of how to use and interpret the collected data.
(1)Use of the Accounts and Records System Beneficiaries of, and applicants for, Federal assistance are not required to use the National Transit Database Uniform System of Accounts in keeping their own records. If an applicant or beneficiary chooses not to use the National Transit Database Uniform System of Accounts, however, it must nevertheless be able to translate its accounts and records system to the accounts prescribed in the National Transit Database Uniform System of Accounts. The accounting system that the reporting agency uses must permit preparation of financial and operating data that conform to the National Transit Database Uniform System of Accounts directly from its records at the end of the fiscal year, and must be consistent with the following:
(i)The data must have been developed using the accrual method of accounting. Those transit systems that use cash-basis accounting, in whole or in part, must make work sheet adjustments in their account books to record the data on the accrual basis.
(ii)Reporting agencies must follow or be able to directly translate their system to the accounting treatment specified in the publication “National Transit Database Uniform System of Accounts.”
(iii)The reporting agency's accounting categories (chart of accounts) must be correctly related, using a clear audit trail, to the accounting categories prescribed in the National Transit Database Uniform System of Accounts.
(2)General Structure of the National Transit Database Uniform System of Accounts In the National Transit Database Uniform System of Accounts, operating expenses incurred by the transit system are classified by transit mode. FTA developed expense classifications in two dimensions for uniformity and to enhance the usefulness of the data collected under section 5335. The classifications are typical of those of most transit accounting systems. The two dimensions are:
(i)The type of expenditure (expense object class); and
(ii)The function or activity performed. Operating expenses can be identified either in function or object class categories, or cross-classified, allowing identification using both categories. The National Transit Database Uniform System of Accounts also categorizes expenditures by four basic functions submitted by all reporting agencies. A limited number of additional details are optional. All reporting agencies are required to use a single set of object class categories. The National Transit Database Uniform System of Accounts has a single set of revenue object classes to be used by all reporting agencies, and provides a limited number of additional details that are optional. The National Transit Database Uniform System of Accounts provides a classification for sources and uses of capital to be submitted by all reporting agencies. These classifications replace capital information previously required on the balance sheet and capital subsidiary schedule. The National Transit Database Uniform System of Accounts also includes collecting and recording of certain operating data elements. Details and definitions of the expense object classes, functions, revenue object classes, sources and uses of capital, and operating data elements are contained in the current edition of the “Reporting Manual,” which FTA updates annually, and the National Transit Database Uniform System of Accounts reference documents. F. The Reporting System
(1)The section 5335 Reporting System consists of forms and procedures for transmitting data from transit agencies to FTA. These forms are available in the annual Reporting Manual on the NTD Web site, *http://www.ntdprogram.gov* , under the section titled *NTD Publications and Reference Materials.* All beneficiaries of Federal financial assistance must submit the required forms and information in order to allow FTA to:
(1)Store and generate information on the Nation's transportation systems; and
(2)calculate apportionment allocations for the section 5307 formula grant program (for urbanized areas of 200,000 or more inhabitants), or the section 5311 formula grant program. Agencies submitting section 5335 reports may only submit data for transit services that they directly operate and purchase under contract from public agencies and/or private carriers. Separate and complete section 5335 reports must be submitted by or for each purchased transportation service provider that operates 100 or more revenue vehicles for the purchased service during the maximum service period. The reporting requirements include the following major segments, which are based on information assembled through the National Transit Database Uniform System of Accounts: 1. Capital report. 2. Revenue report. 3. Expense report. 4. Nonfinancial service and operating data reports. 5. Miscellaneous auxiliary questionnaires and subsidiary schedules. 6. Vehicle Fleet Data. 7. Data Declarations.
(2)The section 5335 Reporting System includes two data declarations.
(a)The Chief Executive Officer
(CEO)Certification. The CEO of each reporting agency is required to submit a certification with each annual section 5335 report. The certification must attest: • To the accuracy of all data contained in the section 5335 report; • That all data submitted in the section 5335 report are in accord with section 5335 definitions; • If applicable, that the reporting agency's accounting system used to derive all data submitted in the section 5335 report is the system set forth in the National Transit Database Uniform System of Accounts and that a section 5335 report using this system was certified by an independent auditor in a previous report year; • If applicable, the fact that the reporting agency's internal accounting system is other than the National Transit Database Uniform System of Accounts, and that its:
(i)Accounting system uses the accrual basis of accounting,
(ii)accounting system is directly translated, using a clear audit trail, to the accounting treatment and categories specified by the National Transit Database Uniform System of Accounts, and
(iii)accounting system and direct translation to the National Transit Database Uniform System of Accounts are the same as those certified by an independent auditor in a previous reporting year; and • That a 100% count of trips and passenger mile data for each mode/type of service meets FTA requirements.
(b)Auditor Statement on Section 5335 Financial Data Reporting Forms and Section 5307 or Section 5311 Data. Reporting agencies must submit with their section 5335 report a statement signed by an independent public accountant or other responsible independent entity such as a state audit agency. This statement must express an opinion on whether the financial data reporting forms in the section 5335 report present fairly, in all material respects, the information required to be set forth therein in accordance with the National Transit Database Uniform System of Accounts. The statement shall also indicate whether any of the reporting forms or data elements do not conform to the section 5335 requirements, and describe the discrepancies. The statement must consider both required and optional data entries. Each agency is required to file an Auditor Statement unless it received a written waiver from FTA. The criteria in either Condition I or Condition II for granting a financial data waiver are: *Condition I.* The reporting agency
(1)has adopted the National Transit Database Uniform System of Accounts and
(2)has previously submitted a section 5335 report that was compiled using the National Transit Database Uniform System of Accounts and was reviewed by an independent auditor; or *Condition II.* The reporting agency
(1)uses an internal accounting system other than the accounting system prescribed by the National Transit Database Uniform System of Accounts,
(2)uses the accrual basis of accounting,
(3)directly translates the system and accounting categories, using a clear audit trail, to the accounting treatment and categories specified by the National Transit Database Uniform System of Accounts, and
(4)has previously submitted a section 5335 report that was compiled using the same internal accounting system and translation to the National Transit Database Uniform System of Accounts and was reviewed by an independent auditor. For agencies that have received a waiver, the CEO annual Certification must verify that the financial data meet one of the above two conditions. Additionally, all reporting agencies that are in or serve urbanized areas with populations of 200,000 or more and whose report covers 100 or more vehicles in annual maximum service across all modes and types of service must have an independent auditor review all section 5335 data used in the section 5307 formula allocation. The statement should discuss, by mode and type of service: Directional route miles, vehicle revenue miles, passenger miles, and operating cost, and include both directly operated and purchased service. The independent, certified public accountant shall perform the verification in accordance with the “Statements on Standards for Attestation Engagements” issued by the American Institute of Certified Public Accountants. The specific procedures to be reviewed are described in the most recent Section 5335 Reporting Manual. Issued in Washington, DC, this 20th day of March, 2007. James S. Simpson, Administrator. [FR Doc. E7-5417 Filed 3-23-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 RIN 1018-AV10 Migratory Bird Permits; Removal of Migratory Birds From Buildings AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing migratory bird permitting. We propose to amend 50 CFR part 21 to allow removal of migratory birds (other than federally listed threatened or endangered species, bald eagles, and golden eagles) from buildings in which the birds may pose a threat to themselves, to public health and safety, or to commercial interests. DATES: Send comments on this proposal by May 25, 2007. ADDRESSES: For detailed instructions on submitting comments, please see “Public Participation” below. FOR FURTHER INFORMATION CONTACT: George T. Allen, Wildlife Biologist, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-1825. SUPPLEMENTARY INFORMATION: Background The U.S. Fish and Wildlife Service is the Federal agency delegated the primary responsibility for managing migratory birds. The delegation is authorized by the Migratory Bird Treaty Act
(MBTA)(16 U.S.C. 703 *et seq.* ), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Soviet Union (Russia). Raptors (birds of prey) are afforded Federal protection by the 1972 amendment to the Convention for the Protection of Migratory Birds and Game Animals, February 7, 1936, United States-Mexico, as amended; the Convention between the United States and Japan for the Protection of Migratory Birds in Danger of Extinction and Their Environment, September 19, 1974; and the Convention Between the United States of America and the Union of Soviet Socialist Republics (Russia) Concerning the Conservation of Migratory Birds and Their Environment, November 26, 1976. A list of migratory bird species protected by the MBTA can be found at 50 CFR 10.13. To simplify removal of migratory birds from buildings in which their presence may be a threat to the birds, to public health and safety, or to commercial interests, we propose to allow the removal of any migratory bird, except a threatened or endangered species, a bald eagle, or a golden eagle, from any building in which a bird might be trapped, without requiring a migratory bird permit to do so. The bird must be captured using a humane method and promptly released to the wild. This regulation does not allow removal of birds or nests from the outside of buildings without a permit. We believe that this regulatory addition will facilitate removal of birds from buildings—an action that would otherwise require a migratory bird permit. Our proposed changes are detailed below, in the Proposed Regulation Promulgation section of this document. Public Participation You may submit comments, identified by RIN 1018-AV10, by any of the following methods: • *E-mail address for comments: BirdsinBuildings@fws.gov.* Include RIN number 1018-AV10 in the subject line of the message. • *Fax:* 703-358-2217. • *Mail:* Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Mail Stop MBSP-4107, Arlington, VA 22203-1610. • *Hand Delivery:* Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 4501 North Fairfax Drive, Room 4091, Arlington, VA 22203-1610. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Following review and consideration of comments, we will issue a final rule on the proposed regulation changes. *Instructions:* When submitting electronic comments, please include your name and return address in your message, and identify it as comments on RIN 1018-AV10 in the subject line of your message. When submitting written comments, please include your name and return address in your letter and identify it as comments on RIN 1018-AV10. To facilitate compilation of the Administrative Record for this action, you must submit written comments on 8 1/2 -inch-by-11-inch paper. All comments on the proposed rule, including any personal information received, will be available for public inspection during normal business hours at Room 4091 at the U.S. Fish and Wildlife Service, Division of Migratory Bird Management, 4501 North Fairfax Drive, Arlington, VA 22203-1610. The complete file for this proposed rule is available, by appointment, during normal business hours at the same address. You may call 703-358-1825 to make an appointment to view the file. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. An individual respondent may request that we withhold his or her home address from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses available for public inspection in their entirety. We will not consider anonymous comments. Required Determinations Clarity of This Regulation Executive Order (E.O.) 12866 requires each agency to write regulations that are easy to understand. We invite your comments on how to make this rule easier to understand, including answers to questions such as the following:
(1)Are the requirements in the rule clearly stated?
(2)Does the rule contain technical language or jargon that interferes with its clarity?
(3)Does the format of the rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity?
(4)Would the rule be easier to understand if it were divided into more (but shorter) sections? (A “section” appears in bold type and is preceded by the symbol “§ ”and a numbered heading; for example: “§ 21.12-General exceptions to permit requirements.”)
(5)Does the description of the rule in the SUPPLEMENTARY INFORMATION section of the preamble help you to understand the proposed rule? What else could we do the make the rule easier to understand? Send a copy of any comments that concern how we could make this rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You also may e-mail comments to *Exsec@ios.doi.gov.* Regulatory Planning and Review In accordance with the criteria in E.O. 12866, this rule is not a significant regulatory action. The Office of Management and Budget makes the final determination of significance under E.O. 12866. a. This proposed rule would not raise novel legal or policy issues. The proposed provision is in compliance with other laws, policies, and regulations. b. This rule would not have an annual economic effect of $100 million or more, or adversely affect an economic sector, productivity, jobs, the environment, or other units of government. A cost-benefit and economic analysis thus is not required. There are negligible costs associated with this rule. c. This rule would not create inconsistencies with other agencies' actions. The rule deals solely with governance of migratory bird permitting in the United States. No other Federal agency has any role in regulating activities with migratory birds. d. This rule would not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. There are no entitlements, grants, user fees, or loan programs associated with the regulation of birds in buildings. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* , as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule would not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide the statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. We have examined this rule's potential effects on small entities as required by the Regulatory Flexibility Act, and have determined that this action would not have a significant economic impact on a substantial number of small entities, because the changes we are proposing are intended primarily to simplify removal of birds from structures in which the birds may either pose a threat to public health and safety or commercial interests, or be at risk themselves. The costs associated with this change to our regulations would be negligible or non-existent. Consequently, we certify that because this proposed rule would not have a significant economic effect on a substantial number of small entities, a regulatory flexibility analysis is not required. This rule is not a major rule under SBREFA (5 U.S.C. 804(2)). It would not have a significant impact on a substantial number of small entities. a. This rule would not have an annual effect on the economy of $100 million or more. b. This rule would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. This rule would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 *et seq.* ), we have determined the following: a. This rule would not “significantly or uniquely” affect small governments. A small government agency plan is not required. Actions under the proposed regulation would not affect small government activities in any significant way. b. This rule would not produce a Federal mandate of $100 million or greater in any year; i.e., it is not a “significant regulatory action” under the Unfunded Mandates Reform Act. Takings In accordance with E.O. 12630, the rule would not have significant takings implications. A takings implication assessment is not required. This rule would not contain a provision for taking of private property. Federalism This rule would not have sufficient Federalism effects to warrant preparation of a Federalism assessment under E.O. 13132. It would not interfere with the States' ability to manage themselves or their funds. No significant economic impacts are expected to result from allowing individuals, businesses, or government offices to remove migratory birds from buildings. Civil Justice Reform In accordance with E.O. 12988, the Office of the Solicitor has determined that the rule would not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act We examined these regulations under the Paperwork Reduction Act of 1995. There would be no new information collection requirements associated with this change to our regulations. We may not collect or sponsor, nor is a person required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number. National Environmental Policy Act We have analyzed this rule in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f), and Part 516 of the U.S. Department of the Interior Manual (516 DM). A change to our regulations allowing the removal of migratory birds from buildings would not have a significant environmental impact. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American tribal Governments” (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated potential effects on Federally recognized Indian Tribes and have determined that there are no potential effects. This rule would not interfere with the Tribes' ability to manage themselves or their funds or to regulate migratory bird activities on tribal lands. Energy Supply, Distribution, or Use (E.O. 13211) On May 18, 2001, the President issued E.O. 13211 addressing regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule would affect only removal of birds from structures in limited circumstances, it is not a significant regulatory action under E.O. 12866, and would not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Environmental Consequences of the Proposed Action The change we propose is to allow people to remove birds protected under the Migratory Bird Treaty Act from buildings. We do not believe that there are significant environmental impacts of this action. *Socioeconomic* . We do not expect the proposed action to have discernible socioeconomic impacts. *Migratory bird populations* . This rule would not alter the take of migratory birds from the wild. It would not change migratory bird populations. *Endangered and Threatened Species* . The proposed regulation is for migratory birds other than threatened or endangered species. It would not affect threatened or endangered species or habitats important to them. Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act
(ESA)of 1973, as amended (16 U.S.C. 1531 *et seq.* ), requires that “The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter” (16 U.S.C. 1536(a)(1)). It further states that the Secretary must “insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat (16 U.S.C. 1536 (a)(2)). The proposed change to our regulations would not affect listed species. Author The author of this rulemaking is Dr. George T. Allen, U.S. Fish and Wildlife Service, Division of Migratory Bird Management, 4401 North Fairfax Drive, Mail Stop 4107, Arlington, VA 22203-1610. List of Subjects in 50 CFR Part 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Proposed Regulation Promulgation For the reasons stated in the preamble, we propose to amend part 21 of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as follows. PART 21—MIGRATORY BIRD PERMITS 1. The authority citation for part 21 continues to read as follows: Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 113 Stat. 1491, Note following 16 U.S.C. 703. 2. Amend § 21.12 by: a. Revising the introductory paragraph and paragraph (a); b. Redesignating paragraphs (b), (c), and
(d)as paragraphs
(b)(1), (b)(2), and
(c)and adding a heading to new paragraph (b); c. Adding a new heading to new paragraph (c); and d. Adding a new paragraph (d), to read as set forth below. § 21.12 General exceptions to permit requirements. The following persons or entities under the following conditions are exempt from the permit requirements:
(a)*Employees of the Department of the Interior (DOI):* DOI employees authorized to enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit, take or otherwise acquire, hold in custody, transport, and dispose of migratory birds or their parts, nests, or eggs as necessary in performing their official duties.
(b)*Employees of certain public and private institutions:*
(1)* * *
(2)* * *
(c)*Licensed veterinarians:*
(d)*General public:* Any person may remove a migratory bird from the interior of a building or structure under the following conditions. If you need advice on dealing with a trapped bird, you should contact your closest Fish and Wildlife Service office or your State wildlife agency.
(1)You may humanely remove a trapped migratory bird from the interior of a residence or a commercial or government building without a Federal permit if the migratory bird:
(i)Poses a health threat (for example, through damage to foodstuffs);
(ii)Is attacking humans, or poses a threat to human safety because of its activities (such as opening and closing automatic doors);
(iii)Poses a threat to commercial interests, such as through damage to products for sale; or
(iv)May injure itself because it is trapped.
(2)You must use a humane method to capture the bird or birds. You may not use adhesive traps to which birds may adhere (such as glue traps) or any other method of capture likely to harm the bird.
(3)After capture, you must promptly release the bird or birds to the wild in habitat suitable for the species.
(4)If a bird is injured or orphaned during the removal, the property owner is responsible for promptly transferring it to a federally permitted migratory bird rehabilitator.
(5)You may not lethally take a migratory bird for these purposes. If your actions to remove the trapped migratory bird are likely to result in its lethal take, you must possess a Federal Migratory Bird Permit. However, if a bird you are trying to remove dies, you must dispose of the carcass unless you have reason to believe that a museum or scientific institution might be able to use it. In that case, you should contact your nearest Fish and Wildlife Service office or your State wildlife agency about donating the carcass.
(6)For birds of species on the Federal List of Threatened or Endangered Wildlife, provided at 50 CFR 17.11(h), you may need a Federal threatened or endangered species permit before removing the birds ( *see* 50 CFR 17.21 and 50 CFR 17.31).
(7)You will need a permit from your regional migratory bird permits office to remove a bald eagle or a golden eagle from a building ( *see* 50 CFR Part 22).
(8)Your action must comply with State and local regulations and ordinances. You may need a State, tribal, or territorial permit before you can legally remove the bird or birds.
(9)If a nest, eggs, or nestlings are present, you must seek the assistance of a federally-permitted migratory bird rehabilitator in removing them. The rehabilitator is then responsible for handling them properly. Dated: March 2, 2007. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E7-5120 Filed 3-23-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [I.D. 031407A] RIN 0648-AU03 Fisheries of the Exclusive Economic Zone Off Alaska; Salmon Bycatch AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. SUMMARY: The North Pacific Fishery Management Council (Council) has submitted Amendment 84 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 84 would exempt vessels participating in an inter-cooperative agreement
(ICA)to reduce salmon bycatch from Chinook and chum salmon savings area closures, and exempt vessels participating in non-pollock trawl fisheries from the chum salmon savings area. This action is intended to promote the goals and objectives of the FMP and Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to reduce salmon bycatch in the Bering Sea and Aleutian Islands management area (BSAI). DATES: Comments on Amendment 84 must be received on or before May 25, 2007. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian, Records Officer. Comments may be submitted by: • Mail to P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, AK; • FAX to 907-586-7557; • E-mail to *BSA84-A-NOA@noaa.gov* and include in the subject line of the E-mail comment the document identifier: Amendment 84. E-mail comments, with or without attachments, are limited to 5 megabytes; or • Webform at the Federal eRulemaking Portal: *www.regulations.gov* . Follow the instructions at that site for submitting comments. Copies of Amendment 84 and the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action may be obtained from the NMFS Alaska Region at the address above, from the Alaska Region website at *http://www.fakr.noaa.gov* or by calling the Sustainable Fisheries Division, Alaska Region, NMFS, at
(907)586-7228. FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228, or *jason.anderson@noaa.gov* . SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each regional fishery management council submit any FMP or FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the **Federal Register** that the FMP or amendment is available for public review and comment. This requirement is satisfied by this notice of availability for Amendment 84. Pacific salmon are caught incidentally in the BSAI trawl fisheries, especially in the pollock fishery. Of the five species of Pacific salmon, Chinook salmon ( *Onchorynchus tshawytscha* ) and chum salmon ( *O. keta* ) are most often incidentally caught in the pollock fishery. Pacific salmon are placed into two categories for purposes of salmon bycatch management: Chinook and non-Chinook. The non-Chinook category is comprised of chum, sockeye ( *O. nerka* ), pink ( *O. gorbuscha* ), and coho ( *O. kisutch* ) salmon. However, from 2001 through 2004, chum salmon represented about 98 percent of non-Chinook salmon harvested incidentally in the pollock trawl fisheries. For convenience, all non-Chinook salmon are referred to as chum salmon. To address Chinook salmon bycatch concerns, the Council adopted several management measures designed to reduce overall Chinook salmon bycatch in the BSAI trawl fisheries. In 1995, the Council adopted, and NMFS approved, Amendment 21b to the FMP. Based on historic information on salmon bycatch, Amendment 21b established a Chinook salmon savings area (60 FR 31215, November 29, 1995). Under Amendment 21b, the Chinook salmon savings area closed when the incidental catch of Chinook salmon in BSAI trawl fisheries reached 48,000 fish. Amendment 58 to the FMP revised the Chinook salmon savings area measures (65 FR 60587, October 12, 2000). Amendment 58 reduced the Chinook salmon bycatch limit from 48,000 fish to 29,000 fish, mandated year-round accounting of Chinook bycatch in the directed pollock fishery, revised the boundaries of the Chinook salmon savings area closure, and implemented new closure dates. The timing of the closure depends on when the limit is reached. If the limit is reached: • Before April 15, the area closes immediately through April 15. After April 15, the area re-opens, but closes again from September 1 through December 31. • Between April 15 and September 1, the area would close from September 1 through the end of the year. • After September 1, the area closes immediately through the end of the year. The Chinook salmon savings area was further modified by Amendment 82 to the FMP (70 FR 9856, March 1, 2005). Amendment 82 established a separate Aleutian Islands subarea bycatch limit that, when reached, closes the existing Chinook salmon savings area located in the Aleutian Islands subarea (Area 1). The Chinook salmon savings area located in the Bering Sea subarea remained unchanged, but was designated as Area 2. The Council also adopted a time-area closure designed to reduce overall chum salmon bycatch in the BSAI trawl fisheries. In 1995, Amendment 35 to the FMP established the chum salmon savings area (60 FR 34904, July 5, 1995). This area is closed to all trawling from August 1 through August 31 of each year. Additionally, if 42,000 chum salmon are caught in the Catcher Vessel Operational Area
(CVOA)during the period August 15 through October 14, the area remains closed for the remainder of the calendar year. Community development quota
(CDQ)groups receive, along with allocations of groundfish CDQ, individual allocations of Chinook and non-Chinook annual bycatch amounts. Vessels groundfish CDQ fishing are not subject to the chum and Chinook salmon savings area closures that apply to the non-CDQ pollock fisheries. Rather, the Chinook salmon savings area closes to vessels directed fishing for pollock for a CDQ group once that CDQ group has reached its Chinook salmon bycatch limit. The chum salmon savings area closes to vessels using trawl gear to fish for groundfish CDQ once that CDQ group has reached its non-Chinook salmon bycatch limit. Thus, individual CDQ groups are subject to salmon savings area closures based on their respective catch of chum or Chinook salmon while groundfish CDQ fishing. The Chinook and chum salmon savings areas were adopted based on historic observed salmon bycatch rates and were designed to avoid high spatial and temporal levels of salmon bycatch. From 1990 through 2001, the BSAI salmon bycatch average was 37,819 Chinook and 69,332 chum annually. Recently, however, salmon bycatch numbers have increased substantially. In 2003, 54,911 Chinook salmon and 197,091 chum salmon were taken incidentally in the trawl fisheries. In 2004, salmon bycatch increased substantially to 62,493 Chinook and 465,650 chum salmon. Bycatch amounts remained high in 2005 and totaled 67,541 Chinook and 116,999 chum salmon. Since its establishment in 1995, the Chinook salmon savings area closure only has been triggered since 2003. The Chinook salmon bycatch limit was not reached prior to 2003. In 2003, the Chinook salmon savings area closed to directed trawl fishing for non-CDQ pollock on September 1, with the closure remaining in effect until the end of the calendar year. In 2004, the Chinook salmon savings area closed to directed trawl fishing for non-CDQ pollock on September 5 through the end of the year. In 2005, the Chinook salmon savings area in the Bering Sea subarea was closed to directed trawl fishing for non-CDQ pollock on September 1 through the end of the year. Since establishment of the chum salmon savings area in 1995, the bycatch of non-Chinook salmon triggered closures in 2002, 2003, 2004, and 2005. In these years, the chum salmon savings area closed to non-CDQ trawl fisheries in September and October. Anecdotal information from participants in the BSAI trawl fisheries indicated that salmon bycatch rates may be higher outside the Chinook and chum salmon savings area. In February 2005, the Council initiated an EA/RIR/IRFA to explore alternatives to the current salmon bycatch measures. Spatial and temporal comparisons of non-CDQ vessels fishing outside of the salmon savings areas with CDQ vessels fishing inside of the salmon savings areas indicated that bycatch rates were much higher outside of the savings areas. In October 2005, the Council adopted Amendment 84 to the FMP. Amendment 84 would exempt non-CDQ and CDQ pollock vessels participating in a salmon bycatch reduction ICA from closures of the Chinook and chum salmon savings areas in the Bering Sea. Additionally, vessels participating in trawl fisheries for species other than pollock would be exempt from chum salmon savings area closures. The Council intends to use NMFS salmon bycatch information to assess the effectiveness of regulations implementing Amendment 84 at reducing salmon bycatch in the directed pollock fisheries. The Council also asked for participants in the salmon bycatch reduction ICA to report annually on how effective the ICA appears to be at reducing salmon bycatch. The Council also will gather additional information to assess the effectiveness of the ICA in coordinating voluntary salmon bycatch reduction efforts by participants in the Bering Sea pollock fisheries. Additionally, this information could be used to further assess whether participants fishing in the current salmon savings areas continue to encounter lower salmon bycatch rates than participants fishing outside of salmon savings areas. The Council is also developing a separate FMP amendment that could result in additional management measures to reduce salmon bycatch. These measures could include altering the geographic coordinates of the Chinook and chum salmon savings areas based on recent bycatch rates, and implementing an individual salmon bycatch accountability program. However, the Council determined that consideration of these management measures would require additional time and chose to expedite Amendment 84 while the Council develops the second amendment. Public comments are being solicited on proposed Amendment 84 through the end of the comment period stated (see DATES ). A proposed rule that would implement Amendment 84 may be published in the **Federal Register** for public comment, following NMFS' evaluation under the Magnuson-Stevens Act procedures. Public comments on the proposed rule must be received by the end of the comment period on Amendment 84 to be considered in the approval/disapproval decision of the amendment. All comments received by the end of the comment period on the amendment, whether specifically directed to the FMP amendment or the proposed rule, will be considered in the approval/disapproval decision. Comments received after that date will not be considered in that decision. To be considered, written comments must be received, not just postmarked or otherwise transmitted, by the close of business on the last day of the comment period. Dated: March 20, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-5474 Filed 3-23-07; 8:45 am] BILLING CODE 3510-22-S 72 57 Monday, March 26, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 20, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Pub. L. 104-13. Comments regarding
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. National Agricultural Statistics Service *Title:* Fruits, Nut, and Specialty Crops. *OMB Control Number:* 0535-0039. *Summary of Collection:* The primary function of the National Agricultural Statistics Service
(NASS)is to prepare and issue current official state and national estimates of crop and livestock production. Estimates of fruit, tree nuts, and specialty crops are an integral part of this program. These estimates support the NASS strategic plan to cover all agricultural cash receipts. The authority to collect these data activities is granted under U.S. Code title 7, Section 2204. Information is collected on a voluntary basis from growers, processors, and handlers through surveys. *Need and Use of the Information:* Data reported on fruit, nut, and Hawaii tropical crops are used by NASS to estimate acreage, yield, production, utilization, and crop value in States with significant commercial production. These estimates are essential to farmers, processors, and handlers in making production and marketing decisions. Estimates from these inquiries are used by market order administrators in their determination of expected supplies of crop under federal and state market orders as well as competitive fruits and nuts. *Description of Respondents:* Farms; Business or other for-profit. *Number of Respondents:* 47,692. *Frequency of Responses: Reporting:* On occasion; Annually; Quarterly; Semi-annually; Monthly. *Total Burden Hours:* 9,430. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E7-5421 Filed 3-23-07; 8:45 am] BILLING CODE 3410-20-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request; Food Stamp Program: Federal Collection of State Plan of Operations, Operating Guidelines and Forms AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service
(FNS)is publishing for public comment, a summary of a proposed information collection relating to several State Agency Food Stamp Program administrative matters. The proposed collection is a revision of a collection currently approved under OMB No. 0584-0083. DATES: Comments on this notice must be received by May 25, 2007, to be assured of consideration. ADDRESSES: Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Send comments and requests for copies of this information collection to Barbara Hallman, Chief, State Administration Branch, Food Stamp Program, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302. All comments will be summarized and included in the request for Office of Management and Budget approval of the information collection. All comments will become a matter of public record. FOR FURTHER INFORMATION CONTACT: Barbara Hallman at
(703)305-2383. SUPPLEMENTARY INFORMATION: *Title:* Operating Guidelines, Forms and Waivers. *OMB Number:* 0584-0083. *Expiration Date:* July 2007. *Type of Request:* Revision of a currently approved collection. *Abstract:* In accordance with section 11(e) of the Food Stamp Act of 1977 (the Act), 7 U.S.C. 2020(e), State agencies are required to submit a Plan of Operation specifying the manner in which the Food Stamp Program will be conducted. The State Plan of Operations, in accordance with current rules at 7 CFR 272.2, consists of a Federal/State Agreement, annual budget and activity statements, and specific attachments relating to the State Plan of Operation. State Plans of Operation are a one-time effort with updates that are provided as necessary. Under section 16 of the Act, 7 U.S.C. 2025, the Secretary is authorized to pay each State agency an amount equal to 50 percent of all administrative costs involved in each State agency's operation of the FSP. Under corresponding FSP regulations at 7 CFR 272.2, the State agencies must submit annually to FNS for approval, a Budget Projection Statement (Form FNS-366A), which projects the total costs for major areas of FSP operations, and a Program Activity Statement (Form FNS-366B), which provides a summary of FSP operations during the preceding fiscal year. The reports are required to substantiate the costs the State agency expects to incur during the next fiscal year. Form FNS-366A is submitted annually by August 15, for the upcoming fiscal year and Form FNS-366B must be submitted no later than 45 days after the end of each State agency's fiscal year. Since October 2002, FNS has used the quality control
(QC)data to collect information about timeliness of application processing. On February 7, 2005, the final rule on high performance bonuses was published in the **Federal Register** (70 FR 6313), and included a provision regarding the use of QC data to determine each State's rate of application processing timeliness. Accordingly, in March 2005, FNS notified State agencies that it was eliminating the application timeliness data on the FNS-366B, and instead will continue to rely on the QC data to determine States' application timelines processing rates. In fiscal year
(FY)2006, 49 percent of State agencies submitted the FNS-366A electronically and 51 percent submitted a paper report. For FY 2005, a total of 60 percent of State agencies submitted the FNS-366B electronically with the remaining 40 percent submitting paper reports. Finally, State agencies are required to submit certain other documents to FNS for review relating to certain specific activities that the State agency may choose to do. These other submissions include a written action plan, called an Advance Planning Document (APD), if the State agency wishes to acquire proposed automated data processing
(ADP)services, systems or equipment, an outreach plan if the State elects to do program information activities, and updates related to options exercised under the Food Stamp Act, as amended. *Respondents:* State agencies that administer the FSP. *Number of Respondents:* 53. *Estimated Number of Responses per Respondent:* Plan of Operation Updates: 53 State agencies once a year. Form FNS-366A: 53 State agencies once a year. Form FNS-366B: 53 State agencies once a year. Other APD, Plan, or Update Submissions: Up to 53 State agencies may submit one or more APD, plan or update submission averaging 4.75 submissions per respondent per year or 252 total responses. *Estimate of Burden:* Plan of Operation Updates: The State agencies submit Plan updates at an estimate of 10 hours per respondent, or 530 total hours. Form FNS-366A: The State agencies submit Form FNS-366A at an estimate of 13 hours per respondent, or 689 total hours. Form FNS-366B: The total burden for the collection of information for Form FNS-366B is 18 hours per respondent, or 954 hours. Other APD, Plan, or Update Submissions: We estimate that up to 53 States may submit one or more submissions for an APD, plan, or update submission for a total of 252 annual responses at an average estimate of 2.681 hours per respondent, or 675.6 hours. *Estimated Total Annual Burden on Respondents:* The total annual reporting and recordkeeping burden for OMB No. 0584-0083 is estimated to be 2,848.5 hours, an increase of 100 hours. The increase is due to a re-estimate of the time it takes for Other APD, Plan, or Update submissions. Dated: March 20, 2007. George A. Braley, Acting Administrator Food and Nutrition Service. [FR Doc. E7-5442 Filed 3-23-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Forest Service Battle Park/Mistymoon Allotment Management Plan on the Powder River Ranger District, Bighorn National Forest, Big Horn County, WY AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The USDA, Forest Service, will prepare an environmental impact statement
(EIS)to update range management planning on the Battle Park Cattle and Horse allotment and the Mistymoon Sheep and Goat livestock grazing allotment, which will result in development of new allotment management plans (AMPs). The agency gives notice of the full environmental analysis and decision-making process that will occur on the proposal so that interested and affected people may become aware of how they may participate in the process and contribute to the final decision. DATES: Comments and input regarding the proposal were requested from the public, other groups and agencies via direct mailing on August 16, 2004. Additional comments may be made at the addresses below, and would be most helpful if submitted within thirty days of the publication of this notice. Based on the comments received and preliminary analysis, the Responsible Official has determined that an environmental impact statement will be prepared for this project. The draft environmental impact statement is expected in May 2007 and the final environmental impact statement is expected September 2007. ADDRESSES: Send written comments and suggestions concerning this proposal to Mark Booth, District Ranger, Powder River Ranger District, Bighorn National Forest, 1415 Fort Street, Buffalo, Wyoming 82834. FOR FURTHER INFORMATION CONTACT: Direct questions to Bernie Bornong, Interdisciplinary Team Leader, Bighorn National Forest, 2013 Eastside 2nd Street, phone
(307)674-2600. SUPPLEMENTARY INFORMATION: The allotments are located approximately 50 miles, by road, northeast of Worland, Wyoming in the Bighorn River drainage. National Forest System land within the Bighorn National Forest will be considered in the proposal. The purpose of the analysis is to determine if livestock grazing will continue on the analysis area. If the decision is to continue livestock grazing, then updated management strategies outlining how livestock will be grazed will be developed to assure implementation of Forest Plan management direction. The analysis will consider actions that continue to improve trends in vegetation, watershed conditions, and ecological sustainability relative to livestock grazing within the allotments. Management actions are proposed to be implemented beginning in the year 2008. The Bighorn National Forest Land and Resource Management Plan (Forest Plan) identifies livestock grazing as an appropriate use and makes initial determinations for lands capable and suitable for grazing by domestic livestock. *Purpose and Need for Action:* The purpose of this project is to determine if livestock grazing will continue to be authorized on the Battle Park and Mistymoon allotments, and if it is to continue, how to best utilize adaptive management strategies to maintain or achieve desired conditions and meet forest plan objectives. Livestock grazing is currently occurring on the Battle Park allotment under the existing allotment management plan
(AMP)and through direction provided in the Annual Operating Instructions. The Mistymoon allotment is currently vacant. Continuation of livestock grazing will require reviewing existing management strategies and, if necessary, updating them to implement forest plan direction and meet Section 504 of Public Law 104-19 (Rescission Bill, signed 7/27/95). The results of this analysis may require modifying term grazing permits and AMPs. Modifications will be documented in updated AMPs for the allotments. Existing conditions in the analysis area present opportunities for additional activities. An additional purpose of this project is to maintain or move toward desired conditions for sagebrush/grassland communities; specifically, to maintain a mosaic of vegetation composition and structure that emulates, or moves toward, natural processes. The need to provide a mosaic of sagebrush cover densities has been identified in the project area. *Proposed Action:* The proposed action is to continue livestock grazing using adaptive management strategies to meet or move toward Forest Plan and allotment-specific desired conditions. This includes changing livestock management strategies, constructing additional improvements (fences and water developments), and treating sagebrush. The Mistymoon allotment is currently vacant, and the proposed action is to combine the portion of this allotment that is determined to be suitable for cattle grazing with the Battle Park allotment. *Possible Alternatives:* Two additional alternatives have been identified to date:
(a)Remove livestock grazing from these allotments, and
(b)Continue current management strategies. *Responsible Official:* Mark Booth, District Ranger, Powder River Ranger District, Bighorn National Forest, 1415 Fort Street, Buffalo, Wyoming 82834. *Nature of Decision to be Made:* The Responsible Official will consider the results of the analysis and its findings and then document the final decision in a Record of Decision (ROD). The decision will determine whether or not to authorize livestock grazing on all, part, or none of the allotments, and if so, what adaptive management design criteria, adaptive options, and monitoring will be implemented so as to meet or move toward the desired conditions in the defined timeframe. *Scoping Process:* Formal scoping for this project occurred in August 2004. Since then, there has been correspondence and several meetings with individuals, permittees, State Agencies, environmental groups, and other interested people. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register.** The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear *Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: March 14, 2007. Mark Booth, Powder River District Ranger. [FR Doc. 07-1431 Filed 3-23-07; 8:45 am]
Connectionstraces to 21
Traces to 21 documents
U.S. Code
33 references not yet in our index
  • 47 CFR 1.1200
  • 47 CFR 1.1206(b)(2)
  • 47 CFR 1.1206(b)
  • 49 CFR 630
  • Pub. L. 109-59
  • Pub. L. 104-13
  • 109 Stat. 163
  • Pub. L. 104-4
  • 109 Stat. 48
  • 42 USC 4321-4347
  • 49 USC 5301-5340
  • 49 CFR 1.51
  • 50 CFR 21
  • 50 CFR 10.13
  • Pub. L. 104-121
  • 42 USC 432-437(f)
  • Pub. L. 95-616
  • 92 Stat. 3112
  • Pub. L. 106-108
  • 113 Stat. 1491
  • 16 USC 703-711
  • 50 CFR 17.11(h)
  • 50 CFR 17.21
  • 50 CFR 17.31
  • 50 CFR 22
  • 50 CFR 679
  • 7 CFR 272.2
  • Pub. L. 104-19
  • 435 U.S. 519
  • 803 F.2d 1016
  • 490 F. Supp. 1334
  • 40 CFR 1503.3
  • 40 CFR 1501.7
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U.S.C.§ 152
U.S.C.§ 5335
U.S.C.§ 5311
U.S.C.§ 5307
U.S.C.§ 553
Fed. Reg.Notices
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 601
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
F. Supp.490 F. Supp. 1334
Cites 54 · showing 12Cited by 0 across 0 sources
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