Notices. General notice
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BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Automated Commercial Environment (ACE): National Customs Automation Program Test of Automated Truck Manifest for Truck Carrier Accounts; Deployment Schedule AGENCY: Customs and Border Protection; Department of Homeland Security. ACTION: General notice. SUMMARY: The Bureau of Customs and Border Protection, in conjunction with the Department of Transportation, Federal Motor Carrier Safety Administration, is currently conducting a National Customs Automation Program
(NCAP)test concerning the transmission of automated truck manifest data. This document announces the next group, or cluster, of ports to be deployed for this test. DATES: Ports identified in this notice, in the states of New Hampshire and Maine, are expected to be fully deployed for testing by March 19, 2007. Comments concerning this notice and all aspects of the announced test may be submitted at any time during the test period to the contact listed below. FOR FURTHER INFORMATION CONTACT: Mr. James Swanson via e-mail at *james.d.swanson@dhs.gov.* SUPPLEMENTARY INFORMATION: Background The National Customs Automation Program
(NCAP)test concerning the transmission of automated truck manifest data for truck carrier accounts was announced in a notice published in the **Federal Register** (69 FR 55167) on September 13, 2004. That notice stated that the test of the Automated Truck Manifest would be conducted in a phased approach, with primary deployment scheduled for no earlier than November 29, 2004. A series of **Federal Register** notices have announced the implementation of the test, beginning with a notice published on May 31, 2005 (70 FR 30964). As described in that document, the deployment sites for the test have been phased in as clusters. The ports identified belonging to the first cluster were announced in the May 31, 2005 notice. Additional clusters were announced in subsequent notices published in the **Federal Register** including: 70 FR 43892, published on July 29, 2005; 70 FR 60096, published on October 14, 2005; 71 FR 3875, published on January 24, 2006; 71 FR 23941, published on April 25, 2006; 71 FR 42103, published on July 25, 2006; 71 FR 77404, published on December 26, 2006; and 72 FR 7058, published on February 14, 2007. New Clusters Through this notice, CBP announces that the next clusters of ports to be brought up for purposes of deployment of the test, to be fully deployed by March 19, 2007, will be the port of Pittsburg in the state of New Hampshire and the following specified ports in the state of Maine: Ferry Point, Milltown, Eastport, Lubec, Vanceboro, Forest City, Orient, Houlton, Monticello, Van Buren, Hamlin, Madawaska, Fort Kent, Estcourt, Limestone, Jackman, Coburn Gore, St. Zacharie, St. Aurelie, St. Pamphile, St. Juste, Fort Fairfield, Easton, and Bridgewater. This deployment is for purposes of the test of the transmission of automated truck manifest data only; the Automated Commercial Environment
(ACE)Truck Manifest System is not yet the mandated transmission system for these ports. The ACE Truck Manifest System will become the mandatory transmission system in these ports only after publication in the **Federal Register** of 90 days notice, as explained by CBP in the **Federal Register** notice published on October 27, 2006 (71 FR 62922). Previous NCAP Notices Not Concerning Deployment Schedules On Monday, March 21, 2005, a notice was published in the **Federal Register** (70 FR 13514) announcing a modification to the NCAP test to clarify that all relevant data elements are required to be submitted in the automated truck manifest submission. That notice did not announce any change to the deployment schedule and is not affected by publication of this notice. All requirements and aspects of the test, as set forth in the September 13, 2004 notice, as modified by the March 21, 2005 notice, continue to be applicable. Dated: March 15, 2007. Jayson P. Ahern, Assistant Commissioner, Office of Field Operations. [FR Doc. E7-5436 Filed 3-23-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection New Test Program Regarding Electronic Foreign Trade Zone Admission Applications AGENCY: Customs and Border Protection, Department of Homeland Security. ACTION: General notice. SUMMARY: In a document published in the **Federal Register** on August 19, 2005, the Bureau of Customs and Border Protection
(CBP)announced its plan to conduct a voluntary program to test the viability of submitting electronic FTZ admission applications (CBP Form 214—“FTZ Admission and/or Status Designation”) to CBP via the Automated Broker Interface (ABI). The test program was intended to run for a period of approximately 6 months from the program's September 30, 2005 commencement date with a final evaluation to take place at the end of that period. This notice informs interested members of the public that after CBP's initial evaluation of the test program, it was determined that due to the insufficient data collected the test should be run again for a period of approximately 6 months from March 26, 2007. The new test program is intended to encourage greater participation in the prototype by the trade and thereby provide CBP with more meaningful data by which to assess the feasibility of implementing the test program on a permanent basis. DATES: The Electronic FTZ Admission Application test program will resume for a period of 6 months from March 26, 2007. CBP may extend the test for additional periods of time by way of announcement in the **Federal Register** . Comments concerning this notice and any aspect of the prototype may be submitted at any time during the test period. ADDRESSES: Written comments regarding this notice should be addressed to Customs and Border Protection, Office of Field Operations, Cargo Control Branch, 1300 Pennsylvania Avenue, NW., Room 5.2C, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Sonja Grant, Customs and Border Protection, Office of Field Operations, via e-mail at *sonja.grant@dhs.gov.* SUPPLEMENTARY INFORMATION: Background Electronic Foreign Trade Zone Admission Application Test Program: Planned Component of the National Customs Automation Program Title VI of the North American Free Trade Agreement Implementation Act (the Act), Public Law 103-182, 107 Stat. 2057 (December 8, 1993), contains provisions pertaining to Customs Modernization (107 Stat. 2170). Subpart B of Title VI of the Act concerns the National Customs Automation Program (NCAP), an electronic system for the processing of commercial importations. Within subpart B, section 631 of the Act added section 411 to the Tariff Act of 1930 (19 U.S.C. 1411-1414), which defines the NCAP, provides for the establishment of and participation in the NCAP, and includes a list of existing and planned components. Section 411(a)(2)(G) identifies any program initiated by Customs and Border Protection to carry out the automation goals of this subpart as a planned NCAP component. The planned test program described in this document falls within this category of planned NCAP component. Section 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides for the testing of NCAP planned components. The Electronic Foreign Trade Zone
(FTZ)Admissions Application prototype is being tested in accordance with this provision. Description of the Test Program A notice describing the Electronic FTZ Admissions Application test program and setting forth the program's terms and conditions was published in the **Federal Register** (70 FR 48774) on August 19, 2005. The voluntary test program permitted the electronic filing of FTZ admission applications (CBP Form 214—“FTZ Admission and/or Status Designation”) with CBP via the Automated Broker Interface (ABI). That document stated that the test program was to commence no earlier than September 30, 2005, and continue to run for a period of approximately 6 months with a final evaluation to take place at the end of that period. This notice informs interested members of the public that after CBP's initial evaluation of the test program, it was determined that due to the insufficient data collected the test should be run again for a period of approximately 6 months from March 26, 2007. The new test program is intended to encourage greater participation in the prototype by the trade and thereby provide CBP with more meaningful data by which to assess the feasibility of implementing the test program on a permanent basis. A final evaluation will take place at the end of the test period. All of the Electronic FTZ Admissions Application test program terms and conditions set forth in the August 19, 2005, **Federal Register** notice will be in effect. Dated: March 15, 2007. Jayson P. Ahern, Assistant Commissioner, Office of Field Operations. [FR Doc. E7-5431 Filed 3-23-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5117-N-26] Notice of Submission of Proposed Information Collection to OMB; Uniform Physical Standards & Physical Inspection Requirements AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Multifamily properties owned by HUD or with HUD-insured mortgages must be inspected regularly. Mortgagees/lenders inspect projects with HUD-insured mortgages. All owners/agents must certify that Exigent Health and Safety (EH&S) deficiencies noted during the inspection have been repaired. HUD uses the information to ensure that the properties are maintained in a condition that is decent, safe, sanitary, and in good repair. DATES: *Comments Due Date:* April 25, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0369) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Uniform Physical Standards & Physical Inspection Requirements. *OMB Approval Number:* 2502-0369. *Form Numbers:* None. *Description of the Need for the Information and Its Proposed Use:* Multifamily properties owned by HUD or with HUD-insured mortgages must be inspected regularly. Mortgagees/lenders inspect projects with HUD-insured mortgages. All owners/agents must certify that Exigent Health and Safety (EH&S) deficiencies noted during the inspection have been repaired. HUD uses the information to ensure that the properties are maintained in a condition that is decent, safe, sanitary, and in good repair. *Frequency of Submission:* On occasion, Other (every 3 years). Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 12,857 0.99 3 38,824 *Total Estimated Burden Hours:* 38,824. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: March 20, 2007. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E7-5408 Filed 3-23-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5123-N-07] Notice of Proposed Information Collection for Public Comment on the Survey of Market Absorption of New Multifamily Units AGENCY: Office of Policy Development and Research, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for approval as required by the Paperwork Reduction Act of 1995. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* May 25, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB Control Number and should be sent to: Reports Liaison Officer, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street, SW., Room 8234, Washington, DC 20410. FOR FURTHER INFORMATION CONTACT: Ronald J. Sepanik, Director, Housing and Demographic Analysis Division, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410. The telephone number is
(202)402-5887. This is not toll-free number. Copies of the proposed forms and other available documents submitted to OMB may be obtained from Mr. Sepanik. SUPPLEMENTARY INFORMATION: The Department of Housing and Urban Development will submit the proposed information collection package to OMB for review as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed information collection of information to
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology ( *e.g.* , permitting electronic submission of responses). This Notice also lists the following information: *Title of Proposal:* Survey of Market Absorption of New Multifamily Units. *OMB Control Number:* 2528-0013 (Expires 11/30/2007). *Description of the need for the information and proposed use:* The Survey of Market Absorption
(SOMA)provides the data necessary to measure the rate at which new rental apartments and new condominium apartments are absorbed; that is, taken off the market, usually by being rented or sold, over the course of the first twelve months following completion of a building. The data are collected at quarterly intervals until the twelve months conclude, or until the units in a building are completely absorbed. The survey also provides estimates of certain characteristics, *i.e.* , asking rent/price, number of units, and number of bedrooms. The survey provides a basis for analyzing the degree to which new apartment construction is meeting the present and future needs of the public. Additionally, beginning with new construction in 2002, the survey will attempt to ascertain the number and degree of services provided by “Assisted Living” type units. *Members of affected public:* Rental Agents/Builders. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* *Estimated Number of Respondents:* 12,000 yearly (maximum). *Estimated Time per Response:* 20 minutes. *Frequency of Response:* Four times (maximum). *Estimated Total Annual Burden Hours:* 4,000 (12,000 × 20 minutes). *Estimated Total Annual Cost:* The only cost to respondents is that of their time. Authority: The survey is taken under Title 12, United States Code, Section 1701Z. Dated: March 16, 2007. Darlene F. Williams, Assistant Secretary for Policy Development and Research. [FR Doc. E7-5411 Filed 3-23-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5133-N-01] Mortgage and Foreclosure Rights of Servicemembers Under the Servicemembers Civil Relief Act: Informational Notice AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: This notice provides information regarding the homeowner notification requirement of section 106(c)(5) of the Housing and Urban Development Act of 1968. The Servicemembers Civil Relief Act
(SCRA)provides legal rights and protections that are applicable to the debts of servicemembers and their dependents. Notice is to be provided to all homeowners who are in default in order to inform them of mortgage and foreclosure rights available to them under the SCRA if they are servicemembers or dependents of servicemembers. HUD has developed, in consultation with the Departments of Defense and Treasury, a final disclosure form to be used by mortgagees for fulfilling this notice requirement. HUD made the form available on its website in July 2006, and the form is also attached as an appendix to this notice. FOR FURTHER INFORMATION CONTACT: Leslie Bromer, Mortgage Servicing Specialist, Asset Management and Disposition Division, Office of Single Family Housing, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9180, Washington, DC 20410-8000; telephone
(202)708-1672 (this is not a toll-free number). Individuals with speech or hearing challenges may access this number through TTY by calling the toll-free Federal Information Relay Service at
(800)877-8339. Questions regarding this notice may also be directed to the National Servicing Center in Oklahoma City, Oklahoma, at
(888)297-8685. Individuals with speech or hearing challenges may access this number through TTY by calling the toll-free Federal Information Relay Service at
(800)877-8339. SUPPLEMENTARY INFORMATION: I. Background The Servicemembers Civil Relief Act (50 U.S.C. app. 501 *et seq.* )
(SCRA)provides various protections to active duty military members and reservists, or members of the National Guard called to active duty, and, in limited situations, dependents of military members. The SCRA is intended to ease the economic and legal burdens on military personnel by postponing, suspending, or mitigating obligations, such as mortgage payments and foreclosure actions. Section 688 of the National Defense Authorization Act for Fiscal Year
(FY)2006 (Pub. L. 109-163, approved January 6, 2006)
(NDAA)amended the required content of notifications of homeownership counseling availability under section 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) and directed HUD to issue a final disclosure form to be used by mortgagees in fulfilling the notice requirement. II. HUD Notice of Servicemembers Rights Under SCRA Pursuant to the NDAA amendment, HUD has developed, in consultation with the Departments of Defense and Treasury, the final disclosure form for the required notice of servicemember rights. The form is located in the appendix to this notice. The form was also earlier made available on HUD's Web site in July 2006 and can be found at *http://www.hudclips.org/sub_nonhud/html/pdfforms/92070.pdf* . All mortgage loans, including conventional mortgages and mortgages insured by HUD, are subject to the notification requirement. The notice is required to:
(1)Be sent to all homeowners who are in default on a residential mortgage;
(2)include the toll-free Military OneSource number (800-342-9647) to call if servicemembers or their dependents require further assistance; and
(3)be made within 45 days from the date a missed payment was due, unless the homeowner pays the overdue amount before the expiration of the 45-day period. III. Rights and Protections Under the SCRA The SCRA provides, among other things, that a debt incurred by a servicemember, or by a servicemember jointly with a spouse, prior to entering military service, shall not bear interest at a rate above six percent during the period of military service. (See section 207(a)(1) of SCRA.) Servicemembers become eligible for the interest rate limitation by providing to the creditor with written notice, a copy of the military orders calling the servicemember to active duty, and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service. (See section 207(b)(1) of SCRA.) Upon receipt, the creditor must limit interest on the obligation to no more than six percent per year, effective as of the date on which the servicemember is called to military service. (See section 207(b)(2) of SCRA.) Only a court may grant the creditor an exception to the interest rate limitation, which may only be granted if in the opinion of the court the ability of the servicemember to pay interest on the obligation or liability at a rate in excess of six percent per year is not materially affected by reason of the servicemember's military service. (See section 207(c) of SCRA.) In a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stay the proceedings for a period of not less than 90 days or may adjust the debt. (See section 202(b)(1) of SCRA.) In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. (See section 303(c) of SCRA.) In addition to the rights described above, the SCRA provides some additional legal protections. HUD, however, is not in a position to interpret or provide information on all of the various provisions of the SCRA as they may affect the rights afforded creditors and servicemembers. Such interpretations should be obtained for the Department of Defense or should be determined by the courts. IV. Verification of Military Service Creditors who are otherwise unable to verify a debtor's military status may request and obtain a statement as to military service from the Department of Defense, pursuant to section 602 of the SCRA (50 U.S.C. app. 582). To facilitate SCRA searches, the Department of Defense's Manpower Data Center
(DMDC)has developed a secure public internet access system through which any requester can quickly determine whether an individual is currently in the armed forces. The Web site for SCRA queries is *http://www.dmdc.osd.mil/owa/scra/home* . The requester must provide the Social Security Number
(SSN)and a last name. First name, middle name, birth year, and birth month are optional. A report is executed by clicking the “LookUp” tab on the query form. If the provided SSN and other identifying information match the name of a person currently on active duty, the DMDC response report will provide the named individual's branch of military service and “begin date” of Active Duty status. If the provided SSN is matched to the name of a person on active duty but the last name and/or birth date entered do not match the information recorded for that individual, the DMDC response report page states, “Based on the social security number you have provided, the individual is currently on Active Duty. However, the name or partial DOB, or both provided do not match the individual against whom the social security number is assigned.” If the DMDC does not have information regarding whether the name of the identified person is on active duty, the response report will only list the supplied name with the text, “Based on the information you have furnished, the DMDC does not possess any information indicating the individual is currently on active duty.” There is no charge for the online SCRA queries and no authorization, user ID, or password is required. Requesters needing assistance may fax a request for a statement as to military service to DMDC at
(703)696-4156, or call
(703)696-6762. V. Paperwork Reduction Act Statement The information collection requirements contained in this document have been approved by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0565. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Dated: March 16, 2007. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Appendix United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on “active duty” or “active service,” or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 U.S.C. App. 501, *et seq.* ) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Dependents of the above (e.g., spouse or children). What Legal Protections Are Servicemembers Entitled to Under the SCRA? • The SCRA states that a debt incurred by a service member, or spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. How Does a Servicemember or Dependent Request Relief Under the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. (Note: Lender should place its name, address, and contact information here.) How Does a Servicemember or Dependent Obtain Information About the SCRA? • The U.S. Department of Defense's information resource is “Military OneSource.” Web site: *http://www.militaryonesource.com* The toll-free telephone number for Military OneSource are: ○ From the United States: 1-800-342-9647. ○ From outside the United States (with applicable access code): 800-3429-6477. ○ International Collect (through long distance operator): 1-484-530-5908. • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at *http://legalassistance.law.af.mil/content/locator.php* . [FR Doc. E7-5412 Filed 3-23-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of a Final Implementation Schedule for the South Florida Multi-Species Recovery Plan AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of document availability. SUMMARY: The Fish and Wildlife Service (“we,” “our,” or “Service”) announces the availability of the Implementation schedule for the South Florida Multi-Species Recovery Plan (MSRP). The MSRP, as approved in 1999, included a discussion of the need for a coordinated effort to develop an implementation schedule. This implementation schedule was prepared with the assistance of the South Florida Multi-species/Ecosystem Recovery Implementation Team (MERIT). The implementation schedule prioritizes the recovery tasks as described in the MSRP on a community level, and identifies the associated participating parties, time frames, and costs necessary to accomplish those tasks. ADDRESSES: Copies of the final implementation schedule can be downloaded from *http://verobeach.fws.gov* or can be obtained by contacting the Fish and Wildlife Service, South Florida Ecological Services Office, 1339 20th Street, Vero Beach, Florida 32960. We encourage requests for the CD-ROM version of the implementation schedule, as the hard (paper) copy encompasses more than 140 pages. FOR FURTHER INFORMATION CONTACT: Cindy Schulz at the South Florida Ecological Services Office,
(772)562-3909, ext. 305. SUPPLEMENTARY INFORMATION: On April 2, 2004, we published a notice announcing the availability of this technical/agency draft implementation schedule in the **Federal Register** , and opened a 60-day public comment period. We particularly sought comments concerning:
(1)Recommended changes to the priority number for recovery tasks;
(2)recommendations for additions or deletions to the participants identified for each recovery task; and
(3)additional information to assist us with determining costs for accomplishing recovery tasks. Four parties provided comments on ten species. Among those were comments on recovery task priority number, participants, and cost. Comments were also received on the recovery tasks themselves. We have considered and addressed comments where appropriate in this final implementation schedule. Those comments, as well as updates by Service staff, led to this final version of the implementation schedule that differs from the technical/agency draft. The recovery tasks listed in the implementation schedule were taken directly from the MSRP. Any changes needed to the tasks themselves will be addressed in a future revision of the MSRP rather than in the implementation schedule. These changes, if any, would be subject to public comment only during such future revision. Background Restoring listed animals and plants to the point where they are again secure, self-sustaining components of their ecosystems is a primary goal of the Service's threatened and endangered species program. To help guide the recovery effort, we prepare recovery plans for listed species native to the United States, pursuant to section 4(f) of the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. *et seq.* ), which requires the development of recovery plans for listed species unless such a plan would not promote the conservation of a particular species. Recovery plans describe actions that may be necessary for conservation of these species, establish criteria for reclassification from endangered to threatened status or removal from the list, and estimate the time and cost for implementing the needed recovery measures. Section 4(f) of the Act also requires that a public notice and an opportunity for public review and comment be provided during recovery plan development. Accordingly, the MSRP was made available for public review and comment before its approval in May 1999. The MSRP identifies the recovery needs of the 68 threatened and endangered species and 23 natural communities in the south Florida ecosystem, which encompasses 67,346 square kilometers (26,002 square miles), covering the 19 southernmost counties in Florida. The process to develop this final implementation schedule involved the collaborative effort of a team appointed by the Service to focus specifically on recovery implementation efforts in South Florida. The team, known as MERIT, is comprised of 36 members representing Federal, State, and local government agencies; Tribal governments; academia; industry, and the private sector. MERIT members assisted in assigning priorities to recovery tasks, and estimating the duration and possible cost to complete each task. They also identified organizations or agencies that would likely be involved in accomplishing each task. The implementation schedule for the MSRP contains recovery tasks for those species that occur only in south Florida, and for which the South Florida Ecological Services Office has recovery lead. Other Service offices have recovery responsibility for those species that occur in south Florida but also occur elsewhere. Implementation schedules for those species can be found in the approved individual recovery plans for those species. Recovery tasks are provided in this implementation schedule for the following species: Status/species Scientific name Mammals: E Key deer *Odocoileus virginianus clavium.* E Key Largo cotton mouse *Peromyscus gossypinus allapaticola.* E Key Largo woodrat *Neotoma floridana smalli.* E Rice rat (= silver rice rat) *Oryzomys palustris natator* (= *O. argentatus.* ) E Lower Keys rabbit *Sylvilagus palustris hefneri.* Birds: T Audubon's crested caracara *Polyborus plancus audubonii.* E Cape Sable seaside sparrow *Ammodramus* (= *Ammospiza* ) *maritimus mirabilis.* E Everglade snail kite *Rostrhamus sociabilis plumbeus.* E Florida grasshopper sparrow *Ammodramus savannarum floridanus.* Reptiles: PT American crocodile *Crocodylus acutus.* T Bluetail (blue-tailed) mole skink *Eumeces egregius lividus.* T Sand skink *Neoseps reynoldsi.* Invertebrates: E Schaus swallowtail butterfly *Heraclides* (= *Papilio) aristodemus ponceanus.* T Stock Island tree snail *Orthalicus reses* (not incl. *nesodryas.* ) Plants: E Avon Park harebells *Crotalaria avonensis.* E Beach jacquemontia *Jacquemontia reclinata.* E Beautiful pawpaw *Deeringothamnus pulchellus.* E Carter's mustard *Warea carteri.* E Crenulate lead-plant *Amorpha crenulata.* E Deltoid spurge *Chamaesyce* (= *Euphorbia* ) *deltoidea spp. deltoidea.* E Florida perforate cladonia *Cladonia perforata.* E Florida ziziphus *Ziziphus celata.* E Four-petal pawpaw *Asimina tetramera.* E Fragrant prickly-apple *Cereus eriophorus* var. *fragrans.* T Garber's spurge *Chamaesyce* (= *Euphorbia* ) *garberi.* E Garrett's mint *Dicerandra christmanii.* E Highlands scrub hypericum *Hypericum cumulicola.* E Key tree-cactus *Pilosocereus* (= *Cereus* ) *robinii.* E Lakela's mint *Dicerandra immaculata.* E Lewton's polygala *Polygala lewtonii.* E Okeechobee gourd *Cucurbita okeechobeensis* ssp. * okeechobeensis.* T Papery whitlow-wort *Paronychia chartacea* (= *Nyachia pulvinata.* ) T Pigeon wings *Clitoria fragrans.* E Pygmy fringe-tree *Chionanthus pygmaeus.* E Sandlace *Polygonella myriophylla.* E Scrub blazing star *Liatris ohlingerae.* E Scrub mint *Dicerandra frutescens.* E Short-leaved rosemary *Conradina brevifolia.* E Small's milkpea *Galactia smallii.* E Snakeroot *Eryngium cuneifolium.* E Tiny polygala *Polygala smallii.* E Wireweed *Polygonella basiramia* (= *ciliata* var. *b.* ) E = Endangered, T = Threatened, PT = Proposed for Reclassification to Threatened Status. To request copies of the final implementation schedule, please see the ADDRESSES section above. Paper copies of both the MSRP and the final implementation schedule are available for public inspection at the South Florida Ecological Services Office. Authority The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f). Dated: December 27, 2006. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E7-5471 Filed 3-23-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability for the Lost Pines Habitat Conservation Plan and Draft Environmental Assessment in Support of the County of Bastrop's Permit Application for Incidental Take of the Houston Toad Resulting From a Variety of Development and Other Land Use Activities in a 124,000-Acre Plan Area in Bastrop County, TX AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and 90-day public comment period. SUMMARY: The County of Bastrop (County) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to Section 10(a) of the Endangered Species Act (Act). The applicant has been assigned permit number TE-113500-0. The requested permit, which is for a period of 30 years, would authorize the incidental take of the endangered Houston toad ( *Bufo houstonensis* ). The proposed take would occur as a result of new residential, commercial, and multi-family development; expansion of existing residential, commercial, and multi-family development; ongoing uses of previously developed lands; Bastrop County infrastructure maintenance and improvement; emergency services; conservation subdivision development; wildlife management activities; forestry management activities; and agricultural management activities in an approximately 124,000-acre Plan Area in Bastrop County, Texas. DATES: To ensure consideration, written comments must be received on or before June 25, 2007. ADDRESSES: Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to review Bastrop County's Lost Pines Habitat Conservation Plan (LPHCP) or the draft Environmental Assessment
(EA)may obtain a copy by contacting Clayton Napier, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). Documents will be available for public inspection by written request, by appointment only, during normal business hours (8 a.m. to 4:30 p.m.) at the U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas. Written data or comments concerning the application, LPHCP, or draft EA should be submitted to the Supervisor, U.S. Fish and Wildlife Service, Austin, Texas, at the above address. Please refer to permit number TE-113500-0 when submitting comments. FOR FURTHER INFORMATION CONTACT: Clayton Napier at the U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the “taking” of endangered species such as the Houston toad. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22. A determination of jeopardy or non-jeopardy to the species and a decision pursuant to the National Environmental Policy Act
(NEPA)will not be made until at least 90 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). *Applicant:* The Lost Pines Habitat Conservation Plan (LPHCP) was developed by the County of Bastrop for an approximately 124,000-acre Plan Area which encompasses the entire currently known habitat for the Houston toad in Bastrop County, Texas. The LPHCP supports the application for the issuance of an incidental take permit for the Houston toad within the Plan Area for specific land use and development activities over the next 30 years. Participation by landowners in the plan would be voluntary. Landowners that choose to participate in the LPHCP could receive incidental take authorization through the LPHCP's streamlined process, rather than seek individual authorization directly from the Service. The LPHCP proposes to implement measures to minimize and mitigate for adverse impacts to the toad and its habitat, and would apply an area-wide, habitat-based conservation approach, including financial incentives for voluntary conservation and public outreach, education, and research programs. Landowners, developers, and other local interests could participate in the LPHCP and receive authorization for incidental take resulting from certain types of construction activities, conservation subdivision development, low-impact land management practices, and public infrastructure activities. High-density or large-scale land developments would not be eligible for participation in this plan, nor would the plan cover the implementation of high-impact land management activities (e.g., the conversion of pastured woodland to improved pasture and clear-cutting timber). The following specific activities would be eligible for incidental take coverage under the LPHCP: single family residential construction and use on legal, non-platted lots, single family residential construction within existing platted lots, commercial and multi-family construction and use on up to one acre, conservation subdivision development, agricultural management, forest management, wildlife management; Bastrop County infrastructure maintenance and improvement, emergency services; and, ongoing use of previously developed land. Single family residential, commercial, and multi-family development activities on existing lots and existing unplatted lots would require potential LPHCP participants to obtain a Certificate of Participation from the County to receive incidental take authorization for these types of covered activities. Construction activities could receive incidental take coverage on up to one acre per project. Mitigation would be in the form of a fee paid to the LPHCP to fund the operation of conservation programs, or landowners with sufficient acreage could permanently protect acreage on-site to offset negative impacts from construction activities. Conservation subdivision developers would be required to obtain a Subdivision Certificate from the County that certifies that their proposed project meets the Conservation Subdivision Development Guidelines of the LPHCP. The subdivision guidelines require an evaluation of existing habitat resources on the property, limit the density of residential lots or dwelling units, and require the designation of at least 70 percent of the subdivision for the permanent protection and management of the Houston toad. The two options available to subdivision applicants who wish to be eligible for incidental take coverage under the LPHCP are the low-density, large-lot design and higher density, clustered design. The guidelines address management and use standards for conservation areas within the subdivision and specify restrictive covenants for other areas that limit further subdivision of lots, encourage environmentally sensitive pesticide use, and encourage the use of native plants for landscaping. Efforts to minimize the impact of subdivision infrastructure would also be required under the guidelines. Mitigation for subdivision development impacts would be the preservation and management of conservation areas within the subdivision for the Houston toad. The application fees generated by the issuance of Subdivision Certificates would be used to fund the LPHCP and its conservation programs. The LPHCP includes guidelines for agricultural management, forest management, and wildlife management. Participation in the LPHCP and adherence to the guidelines would be voluntary; however, incidental take authorization under the LPHCP would be restricted to those activities that are in compliance with the guidelines. The purpose of the guidelines is to allow for reasonable land use practices while avoiding or minimizing negative or long-term impacts to the Houston toad. The agricultural management guidelines cover practices related to cultivated land, improved pasture or hayland, and rangeland/native grazing lands/grazable woodland/native pasture. The forest management guidelines would provide a framework for forest management activities such as management planning, road construction and maintenance, site preparation and planting, chemical applications, timber harvesting, and prescribed burning. The wildlife management guidelines describe the framework for activities such as management planning, brush management, reforestation, prescribed burning, providing supplemental food sources, restoring native grassland, constructing Houston toad breeding ponds, and controlling fire ants. The agriculture, wildlife and forestry guidelines are intended to be “self-mitigating.” This means that although there could be some short-term impacts to the toad or its habitat as a result of conducting activities included under the various guidelines, the applicant anticipates that there will be an overall net improvement in the quality or quantity of the toad habitat over the long-term. Public infrastructure activities, emergency services, and ongoing use of previously developed land would be offered automatic coverage under the County's incidental take permit by following the guidelines outlined in the LPHCP. Low-impact land uses would be covered upon Bastrop County issuing a Notice of Receipt. No mitigation fees would be required for landowners seeking authorization for low-impact land uses. However, any incidental take that may occur as a result of land management practices that are not consistent with the applicable guidelines in the LPHCP are not covered. The LPHCP conservation program and administration would be funded by a combination of fees collected from Plan participants and general revenue from the County. Collected fees would be used primarily to fund the biological monitoring, landowner incentive, and community outreach and education programs of the LPHCP. The County would provide funds sufficient to hire a LPHCP administrator, whose duties would include much of the actual operation of the LPHCP. Part of the job description for the LPHCP administrator would be to regularly apply for outside grants to increase funding for the Plan. Grants could be used to purchase land, easements, or development rights on Houston toad habitat from willing partners. Rather than provide for the purchase and management of a publicly-owned, interconnected, habitat preserve system for the Houston toad, the LPHCP proposes to focus resources on strategic land protection and encourage voluntary conservation efforts by private landowners. This conservation program would use mitigation fees from participants seeking incidental take permits to help fund conservation and management activities that have broad community support. Using this method, a large portion of the active management for the Plan Area would be through the voluntary efforts of private landowners. A key to maintaining quality toad habitat between designated conservation areas is the participation of private landowners in conservation efforts. The LPHCP would seek the help of private landowners by encouraging use of new and existing landowner incentive programs and by forming partnerships with community organizations to manage habitat. These initiatives would include: management of open space in existing residential subdivisions, supporting wildlife management associations, supporting the conversion of agricultural use land to a wildlife management use, private landowner partnerships and grant funding; and, expanding access to existing assistance programs. In addition to encouraging and supporting the voluntary management of private lands for the Houston toad, the LPHCP would also support the acquisition of development rights, conservation easements, or land from willing partners, if sufficient funds become available. Because funds are limited, the LPHCP would prioritize the use of funds for acquiring development rights, easements, and land. A set of minimum and preferred criteria to evaluate tracts in the Plan Area that may be available to benefit the Houston toad have been established. These criteria would ensure that funds would be used on the properties that provide the most desirable characteristics for Houston toad conservation. The LPHCP would also offer mitigation in the form of community education and public outreach. Activities would include: distribution of LPHCP guidelines; distribution of a fact sheet about the ESA and LPHCP to septic permit applicants in Bastrop County; conducting an annual Houston toad community education workshop; and, developing a county-wide Integrated Pest Management Plan. Support for Houston toad monitoring and research programs would also be included in the LPHCP. The LPHCP administrator would maintain a database of Houston toad surveys and known locations, distribute spatial data for use in conservation planning, and help researchers team with private landowners willing to provide access to Houston toad habitat on their property. The County expects that by creating a fair, simple, and certain process for obtaining incidental take authorization, the burden on individual landowners is reduced and it facilitates desired economic development in the Plan Area while preserving Houston toad habitat and supporting conservation research. Larry G. Bell, Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. E7-5464 Filed 3-23-07; 8:45 am] BILLING CODE 4510-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-130-1020-ML; GP7-0092] Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below. DATES: The Eastern Washington Resource Advisory Council will meet Friday, April 13, 2007 at the Spokane District Office, Bureau of Land Management, 1103 North Fancher Road, Spokane Valley, Washington 99212-1275. SUPPLEMENTARY INFORMATION: The meeting will start at 9 a.m., adjourn at 4 p.m., and will be open to the public. Topics of discussion will include:
(1)Spokane District's land use plan and potential revision;
(2)an update on management of access to the Juniper Dunes area;
(3)Spokane District priorities and budget; and
(4)prioritization of topics for future meetings. There will be an opportunity for public comment at 3 p.m. FOR FURTHER INFORMATION CONTACT: Scott Pavey or Sandie Gourdin, Bureau of Land Management, Spokane District Office, 1103 N. Fancher Road, Spokane Valley, Washington 99212-1275, or call
(509)536-1200. Dated: March 20, 2007. Robert B. Towne, District Manager. [FR Doc. E7-5466 Filed 3-23-07; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before March 10, 2007. Pursuant to section 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 10, 2007. J. Paul Loether, Chief National Register of Historic Places/National Historic Landmarks Program. CALIFORNIA Los Angeles County Glassell Park Elementary School, 2211 West Avenue 30, Los Angeles, 07000309 San Mateo County La Dolphine, 1761 Mannor Dr., Hillsborough, 07000308 Santa Clara County Hewlett—Packard House and Garage, 367 Addison Ave., Palo Alto, 07000307 Sonoma County SS POMONA (Shipwreck), Fort Ross Cove, off Fort Ross Historic State Park, Jenner, 07000306 COLORADO Weld County Greeley Tribune Building, 714 8th St., Greeley, 07000310 KANSAS Atchison County Atchison County Memorial Hall, 819 Commercial St., Atchison, 07000317 Chautauqua County Adam, L.C., Mercantile Building, 618 Cedar St., Cedar Vale, 07000312 Douglas County House, Edward, House, 1646 Massachusetts St., Lawrence, 07000316 Osage County Osage County Courthouse, (County Courthouses of Kansas MPS), 717 Topeka Ave., Lyndon, 07000320 Sedgwick County Adeline Apartment Building, 1403 N. Emporia, Wichita, 07000314 Belmont Arches, Belmont jct. of Central and Douglas, Wichita, 07000313 Market Street Cottage, 1144 N. Market St., Wichita, 07000315 Shawnee County College Avenue Historic District, College Ave. bet. Huntoon St. and 17th St., Topeka, 07000321 Sumner County Smith, H.F., House, 721 W. Harvey Ave., Wellington, 07000318 Wyandotte County Williamson, Roy, House, 1865 Edwardsville Dr., Edwardsville, 07000311 MISSOURI Jackson County Auto Coach Building, 1730-34 Oak St., Kansas City, 07000328 Federal Reserve Bank of Kansas City, 925 Grand Blvd., Kansas City, 07000327 Globe Storage and Transfer Company Building, 1712 Main St., Kansas City, 07000326 Newton County Neosho Commercial Historic District (Boundary Increase), (Neosho MPS) 114, 116, 118-120, 120 and 124-126 S. Wood St., Neosho, 07000323 St. Louis Independent City Melrose Apartments, 4065 W. Pine Boulevard, St. Louis (Independent City), 07000324 Missouri Athletic Club Building, 405-409 Washington Ave., St. Louis (Independent City), 07000325 St. Mary's Infirmary, 1536-48 Papin St., St. Louis (Independent City), 07000322 NEW YORK Chenango County Sannick Family Farm, 129 Jordan Ln., South Oxford, 07000335 Columbia County Copake Iron Works Historic District, Taconic State Park, Copake Falls, 07000334 Dutchess County Campbell, Dr. Cornelius Nase, House, 6031 NY 82, Stanfordville, 07000333 Westchester County Bar Building, 199 Main St., White Plains, 07000331 Public School No. 13, 160 McLean Ave., Yonkers, 07000332 Wilson, Albert E. and Emily, House, 617 Brook St., Mamaroneck, 07000330 Yates County Dundee Village Historic District, Main, Water, and Seneca Sts., Dundee, 07000329 SOUTH CAROLINA Cherokee County Nuckolls—Jefferies House, 571 Asbury Rd., Pacolet, 07000336 TEXAS Hidalgo County McAllen Ranch, FM 1017, 13 mi. W of TX 281, Linn, 07000337 VIRGINIA Henry County Fairy Stone State Park Historic District, 967 Fairystone Lake Dr., Stuart, 07000338 WISCONSIN Columbia County Arnold, E. Clarke and Julia, House, 954 Dix St., Columbus, 07000339 [FR Doc. E7-5410 Filed 3-23-07; 8:45 am] BILLING CODE 4312-51-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-557] In the Matter of Certain Automotive Parts; Notice of Commission Determination Not To Review a Final Determination of Violation pf Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on December 4, 2006, regarding whether there is a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3112. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 4, 2006, based on a complaint filed by Ford Global Technologies, LLC (“Ford”)of Dearborn, Michigan. An amended complaint was filed on December 12, 2005, and a supplemental letter was filed on December 22, 2005. The amended complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automotive parts by reason of infringement of U.S. Design Patent Nos. D496,890 (“the '890 patent”), D493,552 (“the '552 patent”), D497,579 (“the '579 patent”), D503,135 (“the '135 patent”), D496,615 (“the '615 patent”), D502,561 (“the '561 patent”), D492,044 (“the '044 patent”), D491,119 (“the '119 patent”), D503,912 (“the '912 patent”) and D495,979 (“the '979 patent”). The complaint named the following as respondents: Keystone Automotive Industries, Inc. of Pomona, California; U.S. Autoparts Network, Inc. of Carson, California; Gordon Auto Body Parts Co., Ltd. of Taiwan; Y.C.C. Parts Manufacturing Co., Ltd. of Taiwan; TYC Brother Industrial Co., Ltd. of Taiwan; and Depo Auto Parts Ind. Co., Ltd. of Taiwan (collectively “the Respondents”). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. On August 3, 2006, the Commission issued a notice not to review an ID granting partial termination of this investigation as to the '801, '685, '299, '658 patents. On December 4, 2006, the ALJ issued the final ID, finding that the '119, '912, and '979 patents are invalid due to public use; that the '890, '552, '135, '579, '561, '044, and '615 patents are not invalid, are enforceable, and are infringed; and that there is a domestic industry involving the patents in issue. Thus, he found a violation of section 337 of the Tariff Act of 1930, as amended. On December 15, 2006, Ford and the Respondents filed petitions for review. Ford sought review of the ALJ's finding that the '119, '912 and '979 patents are invalid as anticipated. The Respondents petitioned for review of the ALJ's findings that patents '890, ”552, '579, '135, '615, '561, and '044 were not anticipated, obvious or unenforceable, and of Orders No. 7 and 12, in which the ALJ denied certain affirmative defenses. The Office of Unfair Import Investigations opposed both petitions for review. On December 15, 2006, all parties filed responses to the petitions for review. On December 26, 2006, the Commission determined to extend the deadline for determining whether to review the ALJ's ID by 60 days to March 20, 2007, and to extend the target date for completion of the investigation by 60 days to May 4, 2007. Having examined the record of this investigation, including the ALJ's final ID and the submissions of the parties, the Commission has determined not to review the final ID. In connection with the final disposition of this investigation, the Commission may
(1)issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or
(2)issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see *In the Matter of Certain Devices for Connecting Computers via Telephone Lines* , Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on
(1)the public health and welfare,
(2)competitive conditions in the U.S. economy,
(3)U.S. production of articles that are like or directly competitive with those that are subject to investigation, and
(4)U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. See Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. *Written Submissions:* The Commission does not wish to receive further written submissions on the issue of violation. However, parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should be no more than twenty-five
(25)pages and should address the recommended determination by the ALJ on remedy and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission's consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on March 30, 2007. Reply submissions must be filed no later than the close of business on April 6, 2007. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in § 210.42-46 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-46). By order of the Commission. Issued: March 20, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-5465 Filed 3-23-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [ Investigation No. 337-TA-582] In the Matter of Certain Hydraulic Excavators and Components Thereof; Notice of Commission Decision Not To Review Initial Determinations Granting Joint Motions To Terminate Investigation as to Certain Respondents AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determinations (“IDs”) (Orders No. 18 and 19) granting joint motions to terminate the above-captioned investigation as to certain respondents. FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3112. Copies of the ALJ's IDs and all other non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: On August 29, 2006, the Commission instituted this investigation, based on a complaint filed by Caterpillar Inc. (“Caterpillar”) of Peoria, Illinois. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hydraulic excavators and components thereof by reason of infringement of U.S. Trademark Registration No. 2,140,606, U.S. Trademark Registration No. 2,421,077, U.S. Trademark Registration No. 2,140,605, and U.S. Trademark Registration No. 2,448,848. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants requested that the Commission issue a general exclusion order and cease and desist orders. The complaint named twenty
(20)firms as respondents. Two respondents have been found in default. On January 26, 2007, joint motions between Caterpillar and Respondents Deanco Auction Co. Of Mississippi Inc., Petrowsky Auctioneers, Inc., Ritchie Bros. Auctioneers, Inc., and Ritchie Brothers Auctioneers (America), Inc. (collectively, the “Auctioneer Respondents”) and between Caterpillar and Respondents Musselman Construction Co., d/b/a Musselman Rentals and Sales, Tractorland Equipment Co., Inc., and Pacific Rim Machinery, Inc. (collectively, the “Non-Auctioneer Respondents”) were filed seeking termination of this investigation based upon settlement agreements. On February 21, 2007, the ALJ issued the subject IDs (Order Nos. 18 & 19) terminating the investigation as to the Auctioneer Respondents and Non-Auctioneer Respondents on the basis of settlement agreements. The ALJ found no indication that termination of the investigation as to these respondents on the basis of the settlement agreements would adversely affect the public interest, and that the procedural requirements for terminating the investigation had been met. No petitions for review were filed. The Commission has determined not to review the IDs. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). Issued: March 20, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-5405 Filed 3-23-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-598] In the Matter of Certain Unified Communications Systems, Products Used With Such Systems, and Components Thereof; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 16, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Microsoft Corporation of Redmond, Washington. A supplemental letter was filed on March 9, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain unified communications systems, products used with such systems, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,421,439, 6,430,289, 6,263,064, and 6,728,357. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order. ADDRESSES: The complaint and supplemental letter, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* FOR FURTHER INFORMATION CONTACT: David H. Hollander, Jr., Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2746. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2006). *Scope of Investigation:* Having considered the complaint as supplemented, the U.S. International Trade Commission, on March 19, 2007, *Ordered, That* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain unified communication systems, products used with such systems, and components thereof by reason of infringement of one or more of claims 1 and 3 of U.S. Patent No. 6,421,439; claims 1-20 of U.S. Patent No. 6,430,289; claims 1, 3-5, 7-9, and 11-13 of U.S. Patent No. 6,263,064; and claims 1, 2, 4, 6, 8, and 17 of U.S. Patent No. 6,728,357; and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is—Microsoft Corporation, 1 Microsoft Way, Redmond, Washington 98052.
(b)The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Alcatel-Lucent, 54 rue La Boetie, Paris 75008, France.
(c)The Commission investigative attorney, party to this investigation, is David H. Hollander, Jr., Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401-R, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. Issued: March 20, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-5399 Filed 3-23-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-07-005] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: March 29, 2007 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters to be Considered: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-1103 (Final) (Certain Activated Carbon From China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on April 9, 2007.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: March 20, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 07-1480 Filed 3-22-07; 11:55 am]
Connectionstraces to 9
Traces to 9 documents
CFR
11 references not yet in our index
- Pub. L. 103-182
- 107 Stat. 2057
- 107 Stat. 2170
- 19 USC 1411-1414
- 44 USC 35
- Pub. L. 109-163
- 44 USC 3501-3520
- 50 CFR 17.22
- 40 CFR 1506.6
- 36 CFR 60
- 19 CFR 210.42-46
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cites case law
Notices
General notice
Pub. L.Pub. L. 103-182
Stat.107 Stat. 2057
Stat.107 Stat. 2170
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