Notices. Notice of Open Teleconference Meeting
14,567 words·~66 min read·
/register/2007/04/05/07-1655A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4162-20-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2007-27771] Merchant Marine Personnel Advisory Committee AGENCY: Coast Guard, DHS. ACTION: Notice of Open Teleconference Meeting. SUMMARY: This notice announces a teleconference of the Merchant Marine Personnel Advisory Committee (MERPAC). The purpose of the teleconference is for MERPAC to discuss and prepare recommendations for the Coast Guard concerning its supplemental notice of proposed rulemaking (SNPRM) on the consolidation of merchant mariner qualification credentials [USCG-2006-24371].
MERPAC provides advice and makes recommendations to the Coast Guard on matters related to the training, qualification, licensing, certification, and fitness of seamen serving in the U.S. merchant marine. DATES: The teleconference call will take place on Monday, April 30th, from 12 p.m. until 2 p.m., EST. ADDRESSES: Members of the public may participate by dialing 1-866-456-0016 (Persons using international connections should dial 1-720-348-6543). You will then be prompted to dial your conference number, which is *4632491*.
Please ensure that you enter the * marks. Public participation is welcomed; however, the number of teleconference lines is limited, and lines are available first-come, first-served. Members of the public may also participate by coming to Room 6303, U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001. We request that members of the public who plan to attend this meeting notify Mr. Mark Gould at 202-372-1409 so that he may notify building security officials.
You may also gain access to this docket at *http://dms.dot.gov/search/searchFormSimple.cfm.* FOR FURTHER INFORMATION CONTACT: Captain Lorne Thomas, Executive Director of MERPAC, or Mr. Gould, Assistant to the Executive Director, telephone 202-372-1409, fax 202-372-1426. SUPPLEMENTARY INFORMATION: The Federal Advisory Committee Act requires that public notice of these meetings be announced in the **Federal Register** [5 U.S.C. App. 2]. MERPAC is chartered under that Act. It provides advice and makes recommendations to the Assistant Commandant for Operations, on issues concerning merchant marine personnel such as implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, and developing standards of competency for ship's security officers.
Tentative Agenda: Monday, April 30th, 2007. *12 p.m.-12:05 p.m.* Welcome and Opening Remarks—MERPAC Chairman Captain Andrew McGovern. *12:05 p.m.-12:45 p.m.* Open discussion on the docket of the Coast Guard's SNPRM concerning the consolidation of merchant mariner qualification credentials [USCG-2006-24371]. *12:45 p.m.-1 p.m.* Public comment period. *1 p.m.-2 p.m.* MERPAC vote on recommendations for the Coast Guard. *2 p.m.* Adjourn. This tentative agenda is subject to change and the meeting may adjourn early if all committee business has been completed.
Public Participation The Chairman of MERPAC is empowered to conduct the teleconference in a way that will, in his judgment, facilitate the orderly conduct of business. During its teleconference, the committee welcomes public comment. The committee will make every effort to hear the views of all interested parties, including the public. Written comments may be submitted to CAPT Lorne Thomas, Executive Director, MERPAC, Commandant (CG-3PSO), 2100 Second Street, SW., Washington DC 20593-0001.
Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Mr. Gould as soon as possible. Dated: March 30, 2007. J. G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E7-6294 Filed 4-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2007-27752] Towing Safety Advisory Committee AGENCY:
Coast Guard, DHS. ACTION: Notice of meetings. SUMMARY: The Towing Safety Advisory Committee
(TSAC)and its working groups will meet as required to discuss various issues relating to shallow-draft inland and coastal waterway navigation and towing safety. All meetings will be open to the public. DATES: The working groups will meet on Tuesday, April 24, from 9 a.m. to 5 p.m. TSAC will meet on, Wednesday, April 25, from 8 a.m. to 3 p.m. These meetings may close early if all business is finished. Written material for and requests to make oral presentations at the meetings should reach the Coast Guard on or before April 13, 2007. Requests to have a copy of your material distributed to each member of the Committee or working groups prior to the meetings should reach the Coast Guard on or before April 13, 2007. ADDRESSES: TSAC will meet in the Newberry Auditorium of the Calhoon MEBA Engineering School; 27050 Saint Michaels Road; Easton, MD 21601. Accommodations for the public are available in the nearby town of Easton, MD. Visit the school's Web site at *http://www.mebaschool.org/* for maps and directions. Send written material and requests to make oral presentations to the Committee's Assistant Executive Director in the FOR FURTHER INFORMATION CONTACT section below. This notice and related documents are available on the Internet at *http://dms.dot.gov* under the docket number USCG-2007-27752. FOR FURTHER INFORMATION CONTACT: Mr. Gerald P. Miante, Assistant Executive Director, TSAC; U.S. Coast Guard Headquarters, CG-3PSO-1, Room 1210; 2100 Second Street SW., Washington, DC 20593-0001. Telephone
(202)372-1401, fax
(202)372-1926, or e-mail at: *Gerald.P.Miante@uscg.mil* . SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770, as amended). Agenda of Committee Meeting *The agenda tentatively includes the following items:*
(1)Comprehensive Report of the Towing Vessel Inspection Working Group;
(2)Status Report of the Licensing Implementation Working Group: an Approved Model Training Program for Wheelhouse Personnel;
(3)Update from the Working Group on Lessons Learned from the Review of the AV KASTNER/BUCHANAN 14/SWIFT Collision and the MV WALLY ROLLER Incident;
(4)Report on the Merchant Mariner Credential
(MMC)Rulemaking;
(5)Report on the STCW Rulemaking;
(6)Update on Training and Service Requirements for Merchant Marine Officers;
(7)Request for Info re: Use of Weather Fax and USCG HF Voice Broadcast;
(8)Update on a Legislative Change Proposal
(LCP)and the Medical Navigation and Vessel Inspection Circular (NVIC);
(9)Update on the National Maritime Center
(NMC)Restructuring/Centralization;
(10)Presentation on DHS National Small-Vessel Security Summit;
(11)Report of the Working Group on Voyage Planning; and
(12)Update on Commercial/Recreational Boating Interface. Procedural All meetings are open to the public. Please note that the meetings may close early if all business is finished. Members of the public may make oral presentations during the meetings. If you would like to make an oral presentation at a meeting, please notify the Assistant Executive Director no later than April 13, 2007. Written material for distribution at a meeting should reach the Coast Guard no later than April 13, 2007. If you would like a copy of your material distributed to each member of the Committee or Working Groups in advance of a meeting, please submit 20 copies to the Assistant Executive Director no later than April 9, 2007. You may also submit this material electronically to the e-mail address in FOR FURTHER INFORMATION CONTACT no later than April 13, 2007. Also, at the Chair's discretion, members of the public may present comment at the end of the Public Meeting. Please understand that the Committee's schedule may be quite demanding and time for public comment may be limited. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact the Assistant Executive Director as soon as possible. Dated: March 29, 2007. J.G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E7-6304 Filed 4-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Comment Request ACTION: 60-day notice of information collection under review: Memorandum of Understanding to Participate in the Basic Pilot Employment Eligibility Program; Verify Employment Eligibility Status; OMB Control No. 1615-0092. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until June 4, 2007. Written comments and suggestions regarding items contained in this notice, and especially with regard to the estimated public burden and associated response time should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, NW., 3rd Floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352, or via e-mail at *rfs.regs@dhs.gov* . When submitting comments by e-mail, add the OMB Control Number 1615-0092 in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:
(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 agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(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, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of a currently approved information collection.
(2)*Title of the Form/Collection:* Memorandum of Understanding to Participate in the Basic Pilot Employment Eligibility Program; Verify Employment Eligibility Status.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* No Agency Form Number; File OMB-18. U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Business or other for profit. The Basic Pilot Program allows employers to electronically verify the employment eligibility status of newly hired employees.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 40,000 MOU's at 2.333 (2 hours and 20 minutes) per response; 40,000 employers registering to participate in the program at .166 (10 minutes) per response; 4,000,000 initial queries at .05 (3 minutes) per response; 40,000 secondary queries at .333 (20 minutes) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 313,279 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please contact Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, 111 Massachusetts Avenue, NW., 3rd Floor, Suite 3008, Washington, DC 20529; 202-272-8377. Dated: April 2, 2007. Stephen Tarragon, Deputy Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-6370 Filed 4-4-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5030-N-30] Announcement of Funding Awards for Resident Opportunities and Self-Sufficiency Elderly/Persons With Disabilities Program for Fiscal Year 2006 AGENCY: Office of Public and Indian Housing, HUD. ACTION: Announcement of funding awards. SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the FY 2006 (FY2006) Notice of Funding Availability
(NOFA)for the Resident Opportunities and Self-Sufficiency Elderly/Persons with Disabilities Program funding for FY2006. This announcement contains the consolidated names and addresses of those award recipients selected for funding based on the rating and ranking of all applications and the allocation of funding available for each state. FOR FURTHER INFORMATION CONTACT: For questions concerning the FY2006 ROSS Elderly/Persons With Disabilities awards, contact the Office of Public and Indian Housing's Grants Management Center, Director, Iredia Hutchinson, Department of Housing and Urban Development, Washington, DC, telephone
(202)358-0221. For the hearing or speech impaired, these numbers may be accessed via TTY (text telephone) by calling the Federal Information Relay Service at
(800)877-8339. (Other than the “800” TTY number, these telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The authority for the $10,000,000 in one-year budget authority for ROSS Elderly/Persons with Disabilities program coordinators is found in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, FY2004 (Pub. L. 108). The allocation of housing assistance budget authority is pursuant to the provisions of 24 CFR 791, subpart D, implementing section 213
(d)of the Housing and Community Development Act of 1974, as amended. This program is intended to promote the development of local strategies to coordinate the use of assistance under the ROSS program with public and private resources to enable participating families to achieve economic independence and self-sufficiency. A Public and Indian Housing Program Coordinator assures that program participants are linked to the supportive services they need to achieve self-sufficiency. The FY2006 awards announced in this Notice were selected for funding in a competition announced in a **Federal Register** NOFA published on March 8, 2006 (71 FR 11913). Applications were scored based on the selection criteria in that Notice and funding selections made based on the rating and ranking of applications within each state. In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is publishing the names, addresses, and amounts of the 33 awards made under the ROSS Elderly/Persons with Disabilities Program competition. Dated: March 6, 2007. Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing. Appendix A—Fiscal Year 2006 Funding Awards for the Ross Elderly/Persons With Disabilities Program Mobile Housing Board 151 South Claiborne Street Mobile AL 36602 $350,000 Lutheran Social Ministry of the Southwest 5049 East Broadway, Suite 102 Tucson AZ 85711 375,000 The Housing Authority of the County of Los Angeles 2 Coral Circle Monterey Park CA 91755 350,000 Atlanta Regional Commission 40 Courtland Street, Northeast Atlanta GA 30303 375,000 Housing and Community Development Corporation of Hawaii 677 Queen Street, Suite 300 Honolulu HI 96813 388,522 Chicago Housing Authority 626 West Jackson Street Chicago IL 60661 300,000 The Housing Authority of the City of New Albany, Indiana Post Office Box 11 New Albany IN 47150 350,000 City of Wichita Housing Authority 332 North Riverview Wichita KS 67203 240,000 Housing Authority of Catlettsburg 210 24th Street Catlettsburg KY 41129 110,708 Housing Authority of Corbin 1336 Madison Street Corbin KY 40701 207,324 Grand Rapids Housing Commission 1420 Fuller Avenue, Southeast Grand Rapids MI 49507 164,734 Housing Authority of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park MN 55416 210,627 Natchez Housing Authority 2 Auburn Avenue Natchez MS 39120 250,000 Public Housing Authority of Butte 220 Curtis Street Butte MT 59701 98,500 Gastonia Housing Authority P.O. 2398, 340 West Long Avenue Gastonia NC 28053-2398 250,000 Dover Housing Authority 62 Whittier Street Dover NH 03820-2994 269,362 Garfield Housing Authority 71 Daniel P. Conti Court Garfield NJ 7026 350,000 Housing Authority of Gloucester County 100 Pop Moylan Boulevard Deptford NJ 8096 76,066 Housing Authority of the Township of Woodbridge 20 Bunns Lane Woodbridge NJ 7095 350,000 Catholic Family Center 87 North Clinton Avenue Rochester NY 14604 375,000 Ithaca Housing Authority 800 South Plain Street Ithaca NY 14850 333,640 White Plains Housing Authority 223 Dr. Martin Luther King, Jr. Boulevard White Plains NY 10601 225,000 Columbiana Metropolitan Housing Authority 325 Moore Street East Liverpool OH 43920 350,000 Stark Metropolitan Housing Authority 400 Tuscarawas Street East Canton OH 44702-1131 272,487 Mercer County Housing Authority 80 Jefferson Avenue Sharon PA 16146 240,000 City of San Marcos Housing Authority 1201 Thorpe Lane San Marcos TX 78666 207,311 Housing Authority of the City of El Paso 5300 Paisano Drive El Paso TX 79905 450,000 Bennington Housing Authority 22 Willowbrook Drive Bennington VT 05201-1773 250,000 Rutland Housing Authority 5 Tremont Street Rutland VT 05701 248,750 Neighborhood House 905 Spruce Street, Suite 200 Seattle WA 98104 125,000 Neighborhood House 905 Spruce Street Seattle WA 98104 250,000 Friends of Housing Corporation 9141 West Lisbon Avenue Milwaukee WI 53222 375,000 Wheeling Housing Authority Box 2089 11 Community Street Wheeling WV 26003 239,160 [FR Doc. E7-6391 Filed 4-4-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4837-D-62] Delegation of Authority to Regional Directors To Waive Certain Handbook and Directives Provisions AGENCY: Office of the Secretary, HUD. ACTION: Notice of delegation of authority to regional directors in the HUD regional offices. SUMMARY: In this notice, the Secretary delegates to the Regional Directors the authority to waive certain HUD handbook provisions and directives and announces the procedures that will govern these waivers. Specifically, the delegation provides Regional Directors with concurrent authority to waive certain HUD handbook provisions and directives. Currently, the Regional Directors are located in Region I (Boston, MA); Region II (New York, NY); Region III (Philadelphia, PA); Region IV (Atlanta, GA); Region V (Chicago, IL); Region VI (Fort Worth, TX); Region VII (Kansas City, KS); Region VIII (Denver, CO); Region IX (San Francisco, CA); and Region X (Seattle, WA). Any waiver of HUD handbook provisions and directives made in the field must be in writing and must specify the grounds for granting it. All waiver decisions by a Regional Director in the Office of Field Policy and Management must be jointly concurred in by the appropriate regional program director or Assistant Secretary. In addition, the Department will make available for public inspection, for at least a 3-year period, a record of all waivers of HUD handbook provisions and directives. EFFECTIVE DATE: March 30, 2007. FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General Counsel for Regulations, Office of Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410; telephone number
(202)708-3055 or Mark Borum, Field Management Officer, Office of Field Policy and Management, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7122, Washington, DC 20410; telephone number
(202)708-1123. (These are not toll-free numbers.) These numbers may be accessed through TTY by calling the Federal Information Relay Service at
(800)877-8339. Comments or questions can be submitted through the Internet to *Aaron_Santa_Anna@hud.gov* or to *Mark_G._Borum@hud.gov* . SUPPLEMENTARY INFORMATION: Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (Pub. L. 101-235, approved December 15, 1989) added section 7(q) to the Department of Housing and Urban Development Act (HUD Act) (42 U.S.C. 3535(q)). Section 7(q) provides that any waiver of a HUD regulation or handbook provision must be in writing, specify the grounds for the waiver, and be indexed and made available for public inspection (42 U.S.C. 3535(q)(4)). Pursuant to section 7(q) of the HUD Act, a regulation can be waived only by the Secretary or a designated Assistant Secretary or equivalent rank. The Secretary is the ultimate repository of the authority both to issue and to waive the regulations of the Department. The Secretary may delegate each of these powers to other HUD officers. Under section 7(q) of the HUD Act, however, the Secretary may not delegate the authority to waive a regulation below the Assistant Secretary rank. Individuals serving in an “acting” capacity may exercise the authority contained in this delegation. This delegation is subject to the provisions of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345 *et seq.* ). *Definitions* as used in this delegation: *Assistant Secretary* means an Assistant Secretary of the Department under section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)), or an individual of equivalent rank. *Individual of equivalent rank* means an individual with rank equivalent to an Assistant Secretary. The term includes the following HUD officers: The General Counsel; the Inspector General; the President of the Government National Mortgage Association (GNMA); the Chief Financial Officer; and other positions appointed by the President requiring Senate confirmation. *Regional Director* means an individual who is responsible for managing a HUD regional office. *Directive* 1 means a non- **Federal Register** publication, as defined in HUD's handbook on the “HUD Directives System” (Handbook No. 000.2 REV-2 or such successor edition) and includes a handbook (including a change or supplement), notice, interim notice, special directive, and any other issuance that the Department may classify as a directive. 1 By its terms, section 106 reaches only HUD “handbooks.” This is the one class of HUD directives, as defined in this Notice. In order to give section 106 the widest possible coverage, the Department has decided, as a matter of agency discretion, to subject all the Department's directives to the provisions of section 106. *Handbook* means a directive that communicates information of a non-temporary nature (including clarification of policies, instructions, guidance, procedures, forms, and reports) for HUD staff or program participants. The non-temporary nature distinguishes a handbook from temporary HUD directives, such as notices. (See paragraph 2-1A, HUD Handbook 000.2, *HUD Directives System,* or successor edition.) *Notice* , in the context of a directive, means a non- **Federal Register** directive that is used to provide HUD program participants with temporary instructions involving HUD programs or to amend previous instructions until a handbook revision or change is issued. A notice must carry an expiration date of not to exceed one year, and may be extended. (See paragraph 2-1D, HUD Handbook 000.2, *HUD Directives System* , or successor edition.) *Interim Notice* means a non- **Federal Register** directive that is issued at the discretion of an Assistant Secretary under emergency circumstances. Interim notices carry an expiration date not to exceed 120 days, and may not be extended. (See paragraph 2-1E, HUD Handbook 000.2, *HUD Directives System,* or successor edition.) *Regulation* means “rule” or “regulation,” as these terms are defined in Part 10 of Title 24 of the Code of Federal Regulations, and includes any material contained in Title 24 of the Code of Federal Regulations; any notice published in the **Federal Register** announcing the availability of funds, or the criteria to be used to select recipients of the funds, under any program administered by the Department; and any other notice published in the **Federal Register** that establishes program requirements pursuant to a statute that authorizes the Department to administer the program by **Federal Register** publication, pending issuance of effective regulations amending Title 24 of the Code of Federal Regulations. *Waiver of Directives and Handbook Provisions:* *Form and Content of Waivers* . Section 7(q) within the Department of Housing and Urban Development Act, 42 U.S.C. 3535(q), provides that any waiver of a HUD handbook or directive provision must be in writing, specify the grounds for the waiver, and be indexed and made available for public inspection. *Waivers of Directive or Handbook Provisions That Restate or Summarize a Regulation* . Waiver of a directive or handbook provision that restates or summarizes a regulation may constitute a regulatory waiver for purposes of this Notice. The Office of General Counsel will determine whether a handbook or directive provision is to be treated as a regulatory waiver. If the handbook or directive provision is determined to be a regulatory waiver, it must comport with section 7(q) of the HUD Act, which requires the signature of the Assistant Secretary or equivalent. *All Prohibitions Against Discrimination* . All prohibitions against discrimination on the basis of race, sex, color, national origin, religion, handicap, age, or familial status, and all related affirmative obligations that are direct derivatives of regulations governing prohibitions of discrimination are considered regulatory prohibitions. *Public Inspection of Waivers* . A record of each waiver of a HUD directive or handbook provision (including the grounds for granting the waiver) will be maintained in indexed form, and will be made available to the public at the HUD Headquarters office with program authority over the HUD directive. The record will be maintained for not less than the 3-year period beginning on the date the waiver is granted. *Executive Order 12612, Federalism* . The General Counsel, as the Designated Official under section 6(a) of Executive Order 12612, *Federalism* , has determined that this delegation will not have substantial direct impact on states or their political subdivisions, or on the relationship between the federal government and the states, or on the distribution of power and responsibilities among the various levels of government. The delegation only states procedures for granting waivers of regulations and directives, and for notifying the public of the waiver. As a result, this delegation is not subject to review under the Executive Order. It should be noted that the actual grant of a waiver pursuant to this delegation may involve federalism implications. If this occurs, the relationship of the waiver to the Executive Order will be assessed at that time and in that context. Section A: Authority Delegated The Secretary delegates to each Regional Director concurrent authority within his or her respective jurisdiction, to waive those directives and handbook provisions pertaining to programs in the Offices of Housing, Public and Indian Housing, Community Planning and Development, and Fair Housing and Equal Opportunity. All waivers by the Regional Directors in the Office of Field Policy and Management must be jointly concurred in by the appropriate Regional Program Director or Assistant Secretary, as directed by the applicable Assistant Secretary. Section B: Directives, Handbooks, and Provisions Excluded The waiver authority delegated herein does not include the authority to waive regulations, or those Departmental directives and handbook provisions mandated by or directly predicated on a statute, executive order, or regulation, including, but not limited to, environmental, ethics, fair housing, civil rights enforcement and compliance, procurement, and other provisions. Additionally, the waiver authority delegated herein does not include the authority to waive provisions contained in the HUD Litigation Handbook. Section C: Authority Revoked Any previous delegated or redelegated authority to Regional Directors inconsistent with this delegation of authority is hereby revoked. Section D: Authority To Redelegate This authority may not be redelegated. Authority: Section 7(q), Department of Housing and Urban Development Act (42 U.S.C. 3535(a)); Section 7(d), Department of Housing and Urban Development Act (42 U.S.C. 3535(d)); Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345 *et seq.* ). Dated: March 30, 2007. Alphonso Jackson, Secretary. [FR Doc. E7-6390 Filed 4-4-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Application of Endangered Species Recovery Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of applications. SUMMARY: We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. DATES: Written comments on this request for a permit must be received by May 7, 2007. ADDRESSES: Written data or comments should be submitted to the U.S. Fish and Wildlife Service, Assistant Regional Director, Fisheries-Ecological Services, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486; facsimile 303-236-0027. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act [5 U.S.C. 552A] and Freedom of Information Act [5 U.S.C. 552], by any party who submits a request for a copy of such documents within 30 days of the date of publication of this notice to Kris Olsen, by mail or by telephone at 303-236-4256. All comments received from individuals become part of the official public record. SUPPLEMENTARY INFORMATION: The following applicants have requested issuance of enhancement of survival permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). *Applicant* —Western Transportation Institute, Montana State University, Bozeman, Montana, TE-150365. The applicant requests a permit to take Topeka shiner ( *Notropis topeka* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. *Applicant* —Sternberg Museum, Hays, Kansas, TE-150363. The applicant requests a permit to take gray bat ( *Myotis grisescens* ), Indiana bat ( *Myotis sodalis* ), and black-footed ferret ( *Mustela nigripes* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery. *Applicant* —U.S. Geological Survey, Biological Resources Division, Cortland, New York, TE-150352. The applicant requests a permit to take pallid sturgeon ( *Scaphirhynchus albus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. *Applicant* —U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota, TE-121914. The applicant requests a permit amendment to modify survey and banding techniques for Interior least terns ( *Sternula antillarum* ), piping plovers ( *Charadrius melodus* ), and pallid sturgeon ( *Scaphirhynchus albus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery. *Applicant* —U.S. Fish and Wildlife Service, Great Plains Fish and Wildlife Management Assistance Office, Pierre, South Dakota, TE-056851. The applicant requests a renewed permit to take pallid sturgeon ( *Scaphirhynchus albus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. *Applicant* —Department of the Army, Conservation Division, Ft. Riley, Kansas, TE-049623. The applicant requests a renewed permit to take Topeka shiner ( *Notropis topeka* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. *Applicant* —National Park Service, Zion National Park, Springdale, Utah, TE-057485. The applicant requests a renewed permit to take Holmgren milk-vetch ( *Astragalus holmgreniorum* ), Shivwitz milk-vetch ( *Astragalus ampullarioides* ), and Southwestern willow flycatcher ( *Empidonax traillii extimus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery. Dated: March 21, 2007. Elliott N. Sutta, Acting Regional Director, Denver, Colorado. [FR Doc. E7-6341 Filed 4-4-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Wheeler National Wildlife Refuge Complex in Limestone, Madison, and Morgan Counties, AL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: We, the Fish and Wildlife Service, announce that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Wheeler National Wildlife Refuge Complex is available for review and comment. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. This Draft CCP, when final, will describe how we intend to manage the Wheeler National Wildlife Refuge Complex over the next 15 years. DATES: To ensure consideration, we must receive your comments no later than May 7, 2007. ADDRESSES: Send your comments or requests for more information to: John Beck, Natural Resource Planner, Wheeler National Wildlife Refuge Complex, 2700 Refuge Headquarters Road, Decatur, AL 35603; Telephone 256/353-7243 ext. 32. Your comments may be sent electronically to: *John_Beck@fws.gov* with a subject line, “ *Draft CCP Comments:* Wheeler NWR Complex.” The Draft CCP/EA may be accessed and downloaded from the Service's Internet Web site *http://southeast.fws.gov/planning/.* SUPPLEMENTARY INFORMATION: The Wheeler National Wildlife Refuge Complex is currently comprised of seven refuges, spreading across 12,500 square miles of northern Alabama. In addition, the Wheeler Complex administers five Farm Service Agency conservation easement tracts. This draft plan covers four of the seven refuges. *These refuges and their establishing dates are as follows:* Wheeler (1938); Key Cave (1997); Sauta Cave, formerly known as Blowing Wind Cave (1978); and Fern Cave (1981). The other three refuges, Cahaba River (2002), Mountain Longleaf (2003), and Watercress Darter (1980), will be addressed at a later date in a separate comprehensive conservation plan. *Wheeler Refuge* is located among the cities of Athens, Decatur, and Huntsville. The refuge was established in 1938 by Executive Order 7926 as a breeding ground for migratory birds and other wildlife. Additional purposes were added later under the authorities of the Migratory Bird Conservation Act of 1929, and the Refuge Recreation Act of 1962. This 37,000-acre refuge is overlaid on the middle third of the Tennessee Valley Authority's Wheeler Reservoir with property in Limestone, Madison, and Morgan Counties. Refuge lands were acquired in 1934 and 1935 by the Tennessee Valley Authority to serve as a buffer strip for the reservoir, which was impounded a year later in 1936. Considered the eastern most national wildlife refuge in the Mississippi Flyway, Wheeler provides winter habitat for the state's largest duck population and formerly supported the southernmost and Alabama's only major concentration of wintering Canada geese. Snow geese are now the most prominent component of the winter goose population. The refuge consists of approximately 25,950 acres of land and 11,250 acres of water. Habitats consist of bottomland hardwoods, mixed hardwoods, pine uplands, shallow water embayments, and agricultural fields that support interesting flora; a bird list of 288 species; and a wide variety of mammals, reptiles, amphibians, and fishes. It is well developed with more than 100 miles of graveled roads, 2,500 acres of managed wetlands, a modern Headquarters Complex with a large Visitor Center and a Waterfowl Observation Building. Approximately 700,000 visitors are reported annually. *Key Cave Refuge* was established in 1997 under the authority of the Fish and Wildlife Act of 1956, the Endangered Species Act of 1973, and the National Wildlife Refuge Administration Act of 1966 to ensure that the biological integrity of Key Cave, Collier Cave, and Collier Bone Cave remains intact. Key Cave is the only known refuge for the federally endangered Alabama cavefish ( *Speoplatyrhinus poulsoni* ). It is on the northern shore of Pickwick Lake in a limestone karst area that contains numerous sinkholes and several underground cave systems. The area's sinkholes are an integral component of groundwater recharge to the caves. Prior to 1992, the Monsanto Company owned a large 1,060-acre-tract of land just north of Key Cave and about five miles southwest of Florence, Lauderdale County, Alabama, in the high hazard risk area of the Key Cave Aquifer. In 1992 the company sold this tract to The Conservation Fund. Five years later, the Service acquired the land and established Key Cave Refuge. In addition to the Alabama cavefish, Key Cave Refuge also serves as a priority one maternity cave for the federally endangered gray bat ( *Myotis grisescens* ), as well as habitat for two species of blind crayfish ( *Procambarus pecki* and *Cambarus jonesi* ). Collier Cave, located approximately 1.5 miles upstream from Key Cave, and Collier Bone Cave are also considered potential habitat for these cave species. Cave entrances are located on Tennessee Valley Authority lands on the northern shore of Pickwick Lake. Furthermore, the refuge provides habitat for a variety of migratory and resident wildlife species. Several priority bird species commonly occurring on the refuge include: dickcissel, grasshopper sparrow, field sparrow, northern bobwhite, northern harrier, and short-eared owl. *Sauta Cave Refuge,* known as Blowing Wind Cave Refuge until 1999, lies just above the Sauty Creek embayment of the Tennessee Valley Authority's Guntersville Reservoir, seven miles west of Scottsboro, Jackson County, Alabama. The refuge consists of 264 acres of hardwood forest established in 1978 under the authority of the Endangered Species Act of 1973 to provide protection for the federally endangered gray bat and the Indiana bat ( *Myotis sodalis* ) and their crucial habitat. The cave provides a summer roosting site for about 300,000-400,000 gray bats and a winter hibernaculum for both bats. Besides the endangered bats, many other species occur in the cave, including the Tennessee cave salamander ( *Gyrinophilus palleucus* ) and the cave salamander ( *Eurycea lucifuga* ). Additionally, a relatively large population (>250 individuals) of Price's potato-bean ( *Apios priceana* ), a federally threatened plant species, is found on the refuge. The cave has upper and lower gated entrances and 14,628 feet of mapped passage. Formations in the lower cave have been described as spectacular and petroglyphs have been found on the cave ceilings. The cave was used as a saltpeter mine during the civil war, a nightclub during the 1920s, and a fallout shelter during the 1960s. All 264 acres of habitat outside of the cave are predominately hardwood forest. *Fern Cave Refuge* was established in 1981 under the authority of the Endangered Species Act of 1973 to provide protection for the endangered gray bat and the Indiana bat. The refuge is 20 miles west of Scottsboro and two miles northeast of Paint Rock in Jackson County, Alabama, and consists of 199 acres of forested hillside underlain by a massive cave with many stalactite- and stalagmite-filled rooms. An additional 299 acres of land are included in the approved acquisition boundary of the refuge. The cave itself has five hidden entrances, with four of these currently occurring on the refuge. The fifth entrance (Surprise Pit) is within the approved acquisition boundary for the refuge. Recent estimates indicate that one million gray bats hibernate in the cave, making it the largest wintering colony of gray bats in the United States. In the past, the threatened American Hart's-tongue fern ( *Phyllitis scolopendrum var. americana* ) has been found on the refuge. Significant issues addressed in the draft plan include: threatened and endangered species conservation; waterfowl management; wildlife monitoring and population surveys, invasive/exotic species control; bottomland hardwood restoration; agriculture; visitor services (e.g., hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation); funding and staffing; cultural resources protection; land and visitor protection; urban encroachment; and water quality issues. We developed four alternatives for managing the Wheeler Complex and chose Alternative D as the proposed alternative. These alternatives are briefly described as follows: *Alternative A* , the no-action alternative, would continue current Complex management practices. We would not initiate any significant changes. Management emphasis would continue to focus on maintaining biological integrity of habitats found on each refuge in the Complex. All management actions would be directed towards achieving the Complex's primary purposes, including
(1)conserving wintering waterfowl habitat;
(2)meeting the habitat conservation goals of national and international plans; and
(3)conserving wetlands, all while contributing to other national, regional, and state goals to protect and restore migratory birds, threatened and endangered species, and resident species. Alternative A represents the anticipated conditions of each refuge for the next 15 years assuming current policies, programs, and activities continue. Refuge management programs would continue to be developed and implemented with limited baseline biological information. Active habitat management would be conducted through water level manipulations and moist-soil, cropland, and forest management designed to provide a diverse complex of habitats that meets the foraging, resting, and breeding requirements for a variety of species. Hunting and fishing would continue to be major focuses of the public use program, with no expansion of current opportunities. Current restrictions or prohibitions would remain. Environmental education, wildlife observation, and wildlife photography would be accommodated at present levels. *Alternative B* would maximize compatible wildlife-dependent public use. It would provide for more public use recreational opportunities, while maintaining current habitat and wildlife management programs. Additional staff and/or resources would be dedicated to increasing compatible wildlife-dependent public use opportunities. Most habitat management programs, including the cooperative farming program, would continue; however, habitat improvement projects that would benefit compatible wildlife-dependent public use opportunities would be given a higher priority. Law enforcement activities to provide visitor safety would be intensified. Under this alternative, hunting and fishing opportunities would be expanded. At Wheeler Refuge, the number of hunting days for small game would be increased within the state hunting season framework and two additional youth fishing rodeos would be held annually. The 2,000 acres around Garth Slough, presently closed to all public entry from November 15 through January 15, would be evaluated for the possible opening of portions of the upland areas to public access under existing gate closure policy; thereby providing additional hunting and other public use opportunities. In addition, the hunting of feral hogs would be allowed during both the large game and small game seasons. At Key Cave Refuge, feral hogs would be added to the hunting permit and other hunting opportunities would be explored annually. Increased wildlife observation and photography opportunities would result from the construction of nine new visitor facilities (e.g., three photo blinds, three wildlife observation towers, a wildlife viewing platform, a nature trail, and a wildlife drive) and the rehabilitation of existing visitor facilities. Environmental education and interpretation would be expanded by increasing the number of off-refuge programs with local schools and by constructing a new environmental education center at Wheeler Refuge. New informational brochures would be published for Key Cave, Sauta Cave, and Fern Cave Refuges and visitor access would be improved at Sauta Cave Refuge. Additional resources would be required to accomplish the goals of this alternative. Personnel priorities would include employing additional education specialists, wildlife biologists, a law enforcement officer, and an education coordinator. *Alternative C* would maximize wildlife/habitat management by providing for the restoration of native wildlife, fish, and plant communities and the health of those communities, while maintaining current public use opportunities. Federally listed species would be of primary concern, but needs of other resident and migratory wildlife would also be considered. At each refuge, extensive wildlife, plant, and habitat inventories would be initiated to obtain the biological information needed to implement and monitor management programs. Studies necessary to reduce impacts of contaminants to fish, wildlife, and plants would be developed and a complex-wide litter control program would be initiated. Research would also be initiated to explore methods for increasing conservation efforts for threatened and endangered species on Key Cave, Sauta Cave, and Fern Cave Refuges. Habitat management programs for waterfowl impoundments, old field, cropland, grassland, and forests would be re-evaluated and step-down management plans would be developed or updated to meet the foraging, resting, and breeding requirements for a variety of species, particularly migratory birds. Any areas within the Complex with pumping capabilities and water control structures would be managed for moist-soil vegetation, or would be farmed (with 100 percent of crops left standing) to benefit migratory waterfowl. Cooperative farming would be eliminated and all farming activities would be conducted via contracts or force account using Complex staff and equipment. Farming fields would be planted in milo, corn, or soybeans (in order of preference) and flooded during the late fall and winter. Beaver control would be increased by expanding the contract with USDA's Wildlife Services and forestry management would be increased. Law enforcement activities to protect trust resources would be intensified and a study to analyze the impacts of existing rights-of-way on refuge resources would be initiated. Results would determine if current Complex policy concerning easements should be altered. Coordination with local planning and zoning departments would be increased to help minimize encroachment from urbanization. Under this alternative, the priority of land acquisition at Fern Cave Refuge would remain focused on acquiring land surrounding the fifth cave entrance (Surprise Pit). Based on recommendations from the Alabama Comprehensive Wildlife Conservation Strategy, we would explore methods to protect lands within the lower reaches of Piney and Limestone Creeks close to Wheeler Refuge and lands within the Key Cave high risk water recharge zone close to Key Cave Refuge. Compatible wildlife-dependent recreation activities would continue as currently scheduled, but only when and where they would not detract from, or conflict with, wildlife management activities and objectives. All Complex lands would be closed at night to the general public and select areas of high waterfowl use on Wheeler Refuge would be closed from November-March, reducing acreages for public hunting and eliminating all night bank fishing. Administration plans would stress the need for increased maintenance of existing infrastructure and construction of new facilities, benefiting wildlife conservation. Additional resources would be required to accomplish the goals of this alternative. Personnel priorities would include employing additional wildlife biologists, biological technicians, maintenance workers, a law enforcement officer, a contamination specialist, and a forester. *Alternative D* , our proposed alternative, would balance wildlife/habitat management and compatible wildlife-dependent public use. It was developed based on public comments received during scoping, and the best professional judgment of the Complex staff, biological review team, public use review team, and the comprehensive conservation planning team. Under this alternative, existing management activities would continue and some would be expanded. This alternative would strive for a balanced approach to addressing key issues and refuge mandates, while improving wildlife and habitat management on each refuge in the Complex. It is designed to optimize habitat management for the restoration and protection of the refuge's biological diversity, while providing a balance of appropriate and compatible wildlife-dependent recreational and educational programs for visitors. Under Alternative D, refuge lands would be more intensively managed than at present to provide high-quality habitat for wildlife, particularly migratory birds. Areas within the Complex with water control capabilities would be managed for moist-soil vegetation or would be force-account farmed (with 100 percent of crops left standing) to benefit migratory waterfowl. Cooperative farming fields would be planted in corn or soybeans (in order of preference) and flooded during the late fall and winter. Studies necessary to reduce impacts of contaminants on fish, wildlife, and plants would be developed and a complex-wide litter control program would be initiated. Research would also be initiated to explore methods for increasing conservation efforts for threatened and endangered species on Key Cave, Sauta Cave, and Fern Cave Refuges. A large majority of Complex lands would be closed at night and select areas of high waterfowl use on Wheeler Refuge would be closed from November-March, slightly reducing acreages for both public hunting and night bank fishing. However, all six improved boat launching facilities and several other designated night bank fishing areas would remain open at night. A free night fishing permit would be required. This action would help reduce illegal activities and human disturbance to wildlife. Habitat management programs for waterfowl impoundments, old field, cropland, grassland, and forests would be re-evaluated and step-down management plans would be developed or updated to meet the foraging, resting, and breeding requirements for a variety of species, particularly migratory birds. Law enforcement activities to protect resources and provide visitor safety would be intensified and a study to analyze the impacts of existing rights-of-way on resources would be initiated. Results would determine if current Complex policy concerning easements should be altered. Coordination with local planning and zoning departments would be increased to help minimize encroachment from urbanization. Under this alternative, the priority of land acquisition at Fern Cave Refuge would remain focused on acquiring land surrounding the fifth cave entrance (Surprise Pit). Based on recommendations from the Alabama Comprehensive Wildlife Conservation Strategy, we would explore methods to protect lands within the lower reaches of Piney and Limestone Creeks close to Wheeler Refuge and lands within the Key Cave high risk water recharge zone close to Key Cave Refuge. Hunting and fishing would continue with greater emphasis on increasing opportunities and enhancing the quality of the experience. At Wheeler Refuge, the number of hunting days for small game would be increased within the state hunting season framework and an additional youth fishing rodeo would be held annually. Feral hogs would be hunted during both the large game and small game seasons. At Key Cave Refuge, the hunting program would be evaluated annually. Results would dictate if the hunting program should be expanded or reduced. Increased wildlife observation and photography opportunities would result from the construction of four visitor facilities (e.g., a photo blind, a wildlife observation tower, a wildlife viewing platform, and a wildlife drive) and the rehabilitation of existing visitor facilities. Environmental education and interpretation would be expanded by increasing the number of off-refuge programs with local schools and by constructing an environmental education center at Wheeler Refuge. New informational brochures would be published for Key Cave, Sauta Cave, and Fern Cave Refuges and visitor access would be improved at Sauta Cave Refuge. Administration plans would balance restoration efforts between habitat management and public use needs. Additional resources would be required to accomplish the goals of this alternative. Personnel priorities would include employing additional wildlife biologists, biological technicians, maintenance workers, assistant managers, an education coordinator, a law enforcement officer, and a contamination specialist. Some management programs would occur regardless of which alternative is selected for implementation. Features or actions common to all four alternatives are identified and summarized below. • *Fish and Aquatic Species* —Cooperation with the Alabama Division of Wildlife and Freshwater Fisheries for fisheries monitoring, implementing aquatic habitat improvement projects, and conducting game and non-game fish surveys would continue and increase as opportunities become available. • *Fire Management* —Suppression of all wildland fires would continue. Prescribed fire may be used, in conjunction with other refuge management tools, to reduce hazard fuels, restore natural processes and vitality of ecosystems, improve wildlife habitat, remove or reduce non-native species, and conduct research. • *Monitoring* —Existing migratory bird monitoring, including waterfowl surveys, bald eagle surveys, Christmas bird counts, call counts, and breeding bird surveys, would continue. More specific monitoring activities may increase to meet other objectives. • *Research* —Special use permits would be issued on a case-by-case basis to universities, partners, and other interested parties to perform compatible, appropriate wildlife-related research and/or surveying. Research would continue to be encouraged to evaluate contaminant levels and their impacts on wildlife. • *Cultural Resource Protection* —Current cultural resource protection efforts would continue, including a partnership with the Tennessee Valley Authority to conduct bank stabilization projects at Wheeler Refuge. Efforts to increase cultural resource protection through education and inventories would be explored. • *Partnerships* —To aid and promote refuge management programs, currently established partnerships with agencies, organizations, and individuals would continue. Additional partnerships would be welcomed. • *Volunteer Program* —The volunteer program would continue and would grow as more individuals become interested in volunteering. • *Private Lands Management* —Technical assistance for private land management would continue to be offered through the Service's Partners for Fish and Wildlife Program. Efforts to expand the program would be explored. • *Restrictions/Limitations and Prohibitions* —All-terrain vehicle use would continue to be prohibited on all refuges in the Complex. Key Cave, Sauta Cave, and Fern Cave Refuges would continue to be closed at night and horseback riding would continue to be prohibited on these satellite refuges. We will present the Draft CCP/EA to the public at a meeting to be held at Wheeler Refuge's Visitor Center on U.S. Highway 67, in Decatur, Alabama. Mailings, newspaper articles, and posters will be the avenues to inform the public of the date and time for the meeting. We will conduct the environmental review of this project in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ); NEPA Regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those regulations. All comments received become part of the official public record. Requests for such comments will be handled in accordance with the Freedom of Information Act NEPA (40 CFR 1506.6(f), and Departmental and Service policies and procedures. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: February 8, 2007. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E7-6346 Filed 4-4-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Proclaiming Certain Lands as Reservation for the Jicarilla Apache Nation of New Mexico AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of reservation proclamation. SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 56.50 acres, more or less, as an addition to the Jicarilla Apache Nation Reservation, New Mexico. FOR FURTHER INFORMATION CONTACT: Ben Burshia, Bureau of Indian Affairs, Division of Real Estate Services, Mail Stop 4639-MIB, 1849 C Street, NW., Washington, DC 20240, telephone
(202)208-7737. SUPPLEMENTARY INFORMATION: This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual. A proclamation was issued, according with Section 7 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. § 467), for the land described below. The land was proclaimed to be the Jicarilla Apache Nation Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or tribal membership. Rio Arriba County, Boyd Ranch Tract, within the Tierra Amarilla Grant, New Mexico. The above-described lands, contain a total of 56.40 acres, more or less, officially designated the Boyd Ranch Tract, within the Tierra Amarilla Grant, New Mexico, as surveyed in 2003 by the U.S. Department of the Interior, Bureau of Land Management, Cadastral Survey, and shown on the official plat of survey and described in the official field note record, both approved May 19, 2004, and filed in the records of the Bureau of Land Management, New Mexico State Office, in Santa Fe, New Mexico, which are subject to all valid rights, reservations, rights-of-way, and easements of record. This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads and highways, public utilities and for railroads and pipelines and any other rights-of-way or reservations of record. Dated: March 24, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7-6386 Filed 4-4-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Proclaiming Certain Lands, Gomez Ranch, as an Addition to the Reservation for the Jicarilla Apache Nation, New Mexico AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Reservation Proclamation. SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 5,696.64 acres, more or less, as an addition to the Jicarilla Apache Nation Reservation, New Mexico. FOR FURTHER INFORMATION CONTACT: Ben Burshia, Bureau of Indian Affairs, Division of Real Estate Services, Mail Stop 4639-MIB, 1849 C Street, NW., Washington, DC 20240, telephone
(202)208-7737. SUPPLEMENTARY INFORMATION: This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual. A proclamation was issued, according with Section 7 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 467), for the land described below. The land was proclaimed to be an addition to the Jicarilla Apache Nation Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or tribal membership. New Mexico Principal Meridian Rio Arriba County, New Mexico The land descriptions and acreages listed below for Township 31 North, Range 1 East, and Township 31 North, Range 1 West, New Mexico Principal Meridian, are based on the official surveys conducted in 2005 by the U.S. Department of the Interior, Bureau of Land Management, Cadastral Survey, and shown on the official plats of survey and described in the official field note records, all approved December 18, 2006, and filed in the records of the Bureau of Land Management, New Mexico State Office, in Santa Fe, New Mexico. Township 31 North, Range 1 East, N.M.P.M. *Section 18:* NE/4SW/4, W/2SE/4, SE/4SE/4 (Containing 167.09 acres, more or less); *Section 19:* Lots 3 and 4, E/2SW/4, SE/4, S/2NE/4, NW/4NE/4, NE/4NW/4 (Containing 496.37 acres, more or less); *Section 27:* SW/4 (Containing 159.94 acres, more or less); *Section 28:* NW/4SW/4, S/2SW/4 (Containing 124.53 acres, more or less); *Section 29:* N/2, NE/4SE/4 (Containing 357.41 acres, more or less); *Section 30:* Lots 1, 2, 3 and 4, E/2W/2, NE/4 (Containing 483.91 acres, more or less); *Section 31:* Lots 1, 2, 3 and 4, E/2W/2, E/2 (Containing 648.03 acres, more or less); *Section 32:* All (Containing 648.22 acres, more or less); *Section 33:* All (Containing 641.68 acres, more or less); *Section 34:* Lots 5, 6, 7 and 8, SW/4 (Containing 322.46 acres, more or less) The total area of this tract located in Township 31 North, Range 1 East, N.M.P.M., Rio Arriba County, New Mexico, is 4,049.64 acres, more or less. Township 31 North, Range 1 West, N.M.P.M. *Section 7:* Lot 4, E/2SE/4 (Containing 114.23 acres, more or less); *Section 8:* SW/4, N/2SE/4, SW/4SE/4, S/2N/2 (Containing 454.49 acres, more or less); *Section 17:* S/2, N/2N/2, S/2NW/4, SW/4NE/4 (Containing 601.61 acres, more or less); *Section 18:* Lots 1, 3 and 4, SE/4SW/4, SE/4, SE/4NE/4, NE/4NW/4, N/2NE/4 (Containing 476.67 acres, more or less) The total area of this tract located in Township 31 North, Range 1 West, N.M.P.M., Rio Arriba County, New Mexico, is 1,647.00 acres, more or less. The grand total of the above-described lands, containing 5,696.64 acres, more or less, is subject to all valid rights, reservations, rights-of-way, and easements of record. This proclamation does not affect title to the land described above, nor does it affect any valid existing easement for public roads and highways, public utilities and for railroads and pipelines and any other rights-of-way or reservations of record. Dated: March 24, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7-6389 Filed 4-4-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Proclaiming Certain Land as Reservation for the Pueblo of Laguna of New Mexico AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Reservation Proclamation. SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 651.6965 acres, more or less, located in Tract B, and Lot 16 as indicated in Exhibit A, attached to the Warranty Deed, approved April 10, 2003, as an addition to the Pueblo of Laguna Reservation (Laguna). FOR FURTHER INFORMATION CONTACT: Ben Burshia, Bureau of Indian Affairs, Division of Real Estate Services, Mail Stop 4639-MIB, 1849 C Street, NW., Washington, DC 20240, telephone
(202)208-7737. SUPPLEMENTARY INFORMATION: This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual. A proclamation was issued, according with Section 7 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 467), for the tract of land described below. The land was proclaimed to be an addition to and part of the Laguna Reservation for the exclusive use of Indians on that reservation who are entitled to reside on the reservation by enrollment or tribal membership. New Mexico Principal Meridian Valencia County, New Mexico A parcel of land, containing 651.6965 acres, more or less, located in Tract B of the Division Plat for Lands of Grady Day, within Sections 3 and 10, Township 8 North, Range 3 West, N.M.P.M., containing 650.1565 acres, more or less, as indicated in Exhibit A, attached to the Warranty Deed, dated April 10, 2003; and Lot Sixteen (16), Block One (1), Unit (4), Highland Meadows Estates, containing 1.54 acres, more or less, also indicated in Exhibit A, and according to the Plat as filed for record on July 2, 1970, in File Number 54-A, in the Office of the County Clerk of Valencia County, New Mexico. The above-described lands contain a total of 651.6965 acres, more or less, as indicated in Exhibit A, attached to the Warranty Deed approved April 10, 2003, which are subject to all valid rights, reservations, rights-of-way, and easements of record. This proclamation neither affects title to the land described above, nor does it affect any valid existing easement for public roads and highways, for public utilities or for railroads and pipelines, and any other rights-of-way or reservations of record. Dated: March 24, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7-6387 Filed 4-4-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Proclaiming Certain Lands, Bowlin Property, as an addition to the Pueblo of Laguna Reservation, NM AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Reservation Proclamation. SUMMARY: This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 30.754 acres, more or less, to be added to the Pueblo of Laguna Reservation (Laguna), New Mexico. FOR FURTHER INFORMATION CONTACT: Ben Burshia, Bureau of Indian Affairs, Division of Real Estate Services, Mail Stop 4639-MIB, 1849 C Street, NW., Washington, DC 20240, telephone
(202)208-7737. SUPPLEMENTARY INFORMATION: This Notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual. A proclamation was issued, according with Section 7 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 467), for the land described below. The land was proclaimed to be an addition to and part of the Laguna Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or tribal membership. New Mexico Principal Meridian Bernalillo County, New Mexico Section 04, Township 09 North, Range 1 West, N.M.P.M. A parcel of land, containing 30.754 acres, more or less, located within Lots 6, 7, 8 and 9 of Section 04, Township 09 North, Range 1 West, N.M.P.M., County of Bernalillo, State of New Mexico, being more particularly bounded and described as follows, to-wit: Beginning at a point where the northerly line of the Antonio Sedillo Grant intersects the southerly right of way line of NMP I-040-3(31)137, County of Bernalillo, State of New Mexico, from which point the southwest corner of Section 4 bears N. 89°41′36″ W. a distance of 782.46 feet; thence N. 74°50′24″ E. along the southerly right of way line of I-040-3(31)137 a distance of 253.13 feet to a point of curve; thence Northeasterly on a 2.533° curve (radius = 2,262 feet) through an arc of 13°30′ to the right a distance of 532.96 feet to a point of tangent; thence N. 88°27′04″ E. a distance of 933.28 feet; thence S. 1°32′56″ E. a distance of 45 feet; thence N. 88°27′04″ E. a distance of 358.96 feet to a point of curve; thence Northeasterly on a 7.649° curve (radius = 749.12 feet) through an arc of 38°30′ to the left a distance 503.33 feet to a point of compound curve; thence Northeasterly on a 13.906° curve (radius = 412.06 feet) through an arc of 16°30′ to the left a distance of 118.65 feet; thence S. 56°32′56″ E. a distance of 50 feet to a point on curve; thence Northeasterly on a 12.401° curve (radius = 462.06 feet) through an arc of 25°30′ to the left a distance of 205.63 feet; thence N. 82°02′56″ W. distance of 50 feet to a point on curve; thence Northeasterly on a 13.906° curve (radius = 412.06 feet) through an arc of 20°54′50″ to the left a distance of 150.39 feet; thence N. 74°50′24″ E. a distance of 960.45 feet to a point on the westerly line of the Town of Atrisco Grant; thence S. 0°03′24″ W. along said westerly Grant line a distance of 204.5 feet; thence S. 23°11′36″ E. a distance of 858.0 feet; thence N. 89°41′36″ W. a distance of 3926.38 feet to the point and place of beginning. The above-described lands contain a total of 30.754 acres, more or less, which are subject to all valid rights, reservations, rights-of-way, and easements of record. This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads and highways, public utilities and for railroads and pipelines and any other rights-of-way or reservations of record. Dated: March 24, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7-6388 Filed 4-4-07; 8:45 am] BILLING CODE 4310-W7-P INTERNATIONAL TRADE COMMISSION [Investigation No. 332-489] U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions AGENCY: United States International Trade Commission. ACTION: Institution of investigation and scheduling of public hearing. SUMMARY: Following receipt of a request on March 16, 2007, from the Committee on Finance of the United States Senate (Committee), the Commission instituted investigation No. 332-489, U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). DATES: *March 30, 2007:* Date of institution. *April 24, 2007:* Deadline for filing requests to appear at the public hearing. *April 26, 2007:* Deadline for filing pre-hearing briefs and statements. *May 1, 2007, 9:30 a.m.:* Public hearing. *May 8, 2007:* Deadline for written statements, including any post-hearing briefs. *June 29, 2007:* Transmittal of report to the Committee on Finance. ADDRESSES: All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions, including requests to appear at the hearing, statements, and briefs, should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. 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: Industry-specific information may be obtained from John Reeder, Project Leaders (202-205-3319; *john.reeder@usitc.gov* ), or Joanna Bonarriva, Project Leaders (202-205-3312; *joanna.bonarriva@usitc.gov* ), Office of Industries, United States International Trade Commission, Washington, DC, 20436. For information on the legal aspects of this investigation, contact William Gearhart of the Office of General Counsel (202-205-3091; *william.gearhart@usitc.gov* ). The media should contact Margaret O'Laughlin, Public Affairs Office (202-205-1819; *margaret.olaughlin@usitc.gov* ). Hearing impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on (202-205-1810). General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). 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. SUPPLEMENTARY INFORMATION: As requested by the Committee, the Commission will conduct an investigation and provide a report that contains, to the extent possible, the following information: • An overview of Cuba's purchases of agricultural, fish and forestry products from, to the extent possible, 2000 to the present, including identification of major supplying countries, products, and market segments; • An analysis of the effects that U.S. restrictions, including those relating to export financing terms and travel to Cuba by U.S. citizens, may have had or currently have on Cuban purchases of U.S. agricultural, fish, and forestry products; and, • A qualitative and, to the extent possible, quantitative estimate of U.S. sales of agricultural, fish and forestry products to Cuba, in the event that:
(i)Statutory, regulatory, or other restrictions affecting agricultural exports are removed,
(ii)statutory, regulatory, or other restrictions on travel to Cuba by U.S. citizens are lifted, and,
(iii)statutory, regulatory, or other restrictions affecting agricultural exports are removed and statutory, regulatory or other restrictions on travel to Cuba by U.S. citizens are lifted. As requested, the Commission will transmit its report to the Committee by June 29, 2007. *Public Hearing:* A public hearing in connection with the investigation is scheduled to be held at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC beginning at 9:30 a.m. on May 1, 2007. All persons shall have the right to appear, by counsel or in person, to present information and to be heard. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436, no later than 5:15 p.m., April 24, 2007. Any pre-hearing briefs (original and 14 copies) should be filed not later than 5:15 p.m., April 26, 2007. The deadline for filing post-hearing briefs or statements is 5:15 p.m., May 8, 2007. In the event that, as of the close of business on April 24, 2007, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or non-participant may call the Secretary (202-205-2000) after April 24, 2007, to determine whether the hearing will be held. Written Statements: In lieu of or in addition to participating in the hearing, interested persons are invited to submit written statements concerning the investigation. All submissions should be addressed to Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436, and should be received no later than the close of business on May 8, 2007. All written submissions must conform with the provisions of section 201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 of the rules requires that a signed original (or a copy designated as an original) and fourteen
(14)copies of each document be filed. In the event that confidential treatment of the document is requested, at least four
(4)additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission's rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except as permitted by section 201.8 of the Commission's Rules (19 CFR 201.8) (see Handbook for Electronic Filing Procedures, *http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf* . Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “non-confidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Committee has asked that the report that the Commission transmits not contain any confidential business information. Any confidential business information received by the Commission in this investigation and used in preparing the report will not be published in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: April 2, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-6409 Filed 4-4-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-551] In the Matter of Certain Laser Bar Code Scanners and Scan Engines, Components Thereof, and Products Containing Same; Notice of Commission Determination To Review a Final Determination on Violation of Section 337; Schedule for Briefing on the Issues on Review and on Remedy, Public Interest, and Bonding; Denial of Motion for Stay of Sanctions Order AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on November 20, 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. The Commission has also determined to deny respondents' motion for stay of the ALJ's sanctions order. FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5432. 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: This investigation was instituted on October 26, 2005, based on a complaint filed by Symbol Technologies Inc. (“Symbol”) of Holtsville, New York. The complaint, as amended, alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain laser bar code scanners or scan engines, components thereof, or products containing the same, by reason of infringement of various claims of United States Patent Nos. 5,457,308 (“the ‘308 patent”); 5,545,889 (“the ‘889 patent”); 6,220,514 (“the ‘514 patent”); 5,262,627 (“the ‘627 patent”); and 5,917,173 (“the ‘173 patent”). The complaint named two respondents: Metro Technologies Co., Ltd. of Suzhou, China; and Metrologic Instruments, Inc. of Blackwood, New Jersey (collectively, “Metrologic”). On January 29, 2007, the ALJ issued an ID finding a violation of Section 337 in the importation of certain laser bar code scanners and scan engines, components thereof, and products containing the same, in connection with certain asserted claims. The ID also issued monetary sanctions against Respondents for discovery abuses. Complainant, Respondents, and the Commission investigative attorney
(IA)each filed petitions for review on February 8, 2007. They each filed responses to each other's petitions on February 16, 2007. Meanwhile, on February 8, 2007, Metrologic filed a motion for stay of the ALJ's sanctions order. The IA and Symbol filed oppositions to the motion on February 20, 2007. Upon consideration of the parties' filings, the Commission has determined to deny Metrologic's motion for stay. On February 21, 2007, the Commission extended the deadline for determining whether to review the subject ID by fifteen
(15)days, to March 30, 2007. Having examined the record of this investigation, including the ALJ's final ID and the submissions of the parties, the Commission has determined to review the final ID in part. Specifically, the Commission has determined to review:
(1)The construction of “single, unitary, flexural component” in the ‘173 patent, and related issues of infringement, domestic industry, and validity;
(2)the construction of “oscillatory support means” in the ‘627 patent, and related issues of infringement, domestic industry, and validity;
(3)the construction of claims containing the so-called “central area” limitations in the ‘889 patent, and related issues of infringement, domestic industry, and validity;
(4)the construction of the “scan fragment” limitation in the ‘308 patent; and
(5)the construction of the term “plurality” in the ‘308 patent. The Commission requests briefing based on the evidentiary record on certain of the issues on review. The Commission is particularly interested in responses to the following questions: Regarding the ‘173 patent:
(1)What is the effect of Symbol's statement in the prosecution history that “[c]laim 70 [issued claim 17] also contains the feature of allowable claim 58” on a proper claim construction?
(2)If Symbol's statement limited the scope of the claim, what is the effect on claim construction, infringement, domestic industry, and validity issues as they relate to the ‘173 patent?
(3)If Symbol's statement limits the scope of the claim by providing that the component have “spring portions integral with each other,” what would be the effect, if any, on the analysis? In other words, if a flexural component is “single,” and “unitary,” does it necessarily have “spring portions integral with each other”? Regarding the ‘627 patent:
(1)How should the modifier “oscillatory” be construed in the limitation “oscillatory support means”?
(2)How does the construction of the word “oscillatory” affect infringement, domestic industry, and validity as those issues relate to the ‘627 patent? Regarding the ‘889 patent:
(1)What effect does Symbol's statements during prosecution history such that the smaller mirror is “centrally positioned” with respect to the larger mirror have on claim construction?
(2)If such statements limit claim scope, what effect does that limitation have on claim construction, infringement, domestic industry, and validity as those issues relate to the ‘889 patent? Furthermore, 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 parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation, including references to exhibits and testimony. Additionally, 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 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 April 9, 2007. Reply submissions must be filed no later than the close of business on April 16, 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 section 210.42-46 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-46). Issued: March 30, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-6393 Filed 4-4-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-599] In the Matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches and Parts 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 March 2, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. An amended complaint was filed on March 19, 2007. The amended 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 lighting control devices including dimmer switches and/or switches and parts thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,637,930, 5,248,919, 5,982,103, 5,905,442, and 5,736,965. The amended complaint 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 permanent cease and desist orders. ADDRESSES: The amended complaint, except for any confidential information contained therein, is 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://www.usitc.gov/secretary/edis.htm* FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2781. *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 amended complaint, the U.S. International Trade Commission, on March 30, 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 lighting control devices including dimmer switches and/or switches and parts thereof by reason of infringement of one or more of claims 1, 36, 65, 83, 85, 87, 89, 90, 94, 112, 114, 116, 118, 119, 123, 149, 178, 193, 195, 197, 199, and 200 of U.S. Patent No. 5,637,930; claims 44, 47, and 49 of U.S. Patent No. 5,248,919; claims 1-5, 8-10, 12, and 22 of U.S. Patent No. 5,982,103; claims 151, 152, and 155-157 of U.S. Patent No. 5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; 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—Lutron Electronics Co., Inc., 7200 Suter Road, Coopersburg, Pennsylvania 18036.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Leviton Manufacturing Co., Inc., 59-25 Little Neck Parkway, Little Neck, New York 11362. Control4, 11734 South Election Road, Salt Lake City, Utah 84020.
(c)The Commission investigative attorney, party to this investigation, is Benjamin Levi, 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 Robert L. Barton, Jr. is designated as the presiding administrative law judge. Responses to the amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the amended 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 amended 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 a respondent. Issued: March 30, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-6394 Filed 4-4-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on March 23, 2007, a proposed consent decree in *United States* v. *Allied Waste Industries and Waste Management,* Civil Action No. 06-5245, was lodged with the United States District Court for the Northern District of Illinois. In this cost recovery action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607, the United States sought recovery of unreimbursed past response costs and prejudgement interest incurred by the United States Environmental Protection Agency at the Tri-County/Elgin Landfills Superfund Site located near Elgin in Kane County, Illinois. Under the proposed consent decree, Allied Waste Industries, Inc. (formerly known as BFI Waste Industries) and Waste Management of Illinois, Inc. will pay a total of $2,120,000 to the Hazardous Substance Superfund. The Department of Justice will accept comments relating to the proposed consent decree for a period of thirty
(30)days from the date of publication of this notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to *pubcomment-ees.enrd@usdoj.gov* or in hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. Comments should refer to *United States* v. *Allied Waste, et al.,* Civil No. 06-5245 (N.D. Ill.) and D.J. Reference No. 90-11-3-08672. The proposed consent decree may be examined at:
(1)The Office of the United States Attorney for the Northern District of Illinois, 219 South Dearborn Street, Suite 500, Chicago, Illinois 60604,
(312)353-5300; and
(2)the United States Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact Jeffrey A. Cahn (312-886-6670)). During the comment period, the proposed consent decree may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decree.html.* A copy of the proposed consent decree may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please refer to the referenced case and D.J. Reference No. 90-11-3-08672, and enclose a check in the amount of $24.50 for the consent decree (98 pages at 25 cents per page reproduction costs), made payable to the U.S. Treasury. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 07-1655 Filed 4-4-07; 8:45 am]
Connectionstraces to 19
Traces to 19 documents
statutes-at-large
U.S. Code
- HUD accountability§ 3545
- Administrative provisions§ 3535
- Acting officer§ 3345
- Officers of Department§ 3533
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Congressional findings and declaration of purposes and policy§ 1531
- Congressional declaration of purpose§ 4321
- Transferred§ 467
- Investigations§ 1332
- Unfair practices in import trade§ 1337
- Liability§ 9607
register
10 references not yet in our index
- Pub. L. 92-463
- 24 CFR 791
- 103 Stat. 1987
- Pub. L. 101-235
- 5 USC 552A
- EO 7926
- 40 CFR 1506.6(f)
- Pub. L. 105-57
- 48 Stat. 986
- 19 CFR 210.42-46
Citation graph
cites case law
Notices
Notice of Open Teleconference Meeting
Pub. L.Pub. L. 92-463
Cite24 CFR 791
Stat.103 Stat. 1987
Cites 29 · showing 12Cited by 0 across 0 sources