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Code · REGISTER · 2007-05-01 · Federal Transit Administration (FTA), DOT · Notices

Notices. Notice of agency response to comments

11,105 words·~50 min read·/register/2007/05/01/07-2107

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

BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No: FTA-2006-23697] Public-Private Partnership Pilot Program AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of agency response to comments. SUMMARY: Section 3011(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (“SAFETEA-LU”) authorizes the U.S. Secretary of Transportation (the “Secretary”) to establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships (“PPPs”) for certain new fixed guideway capital projects (the “Pilot Program”).
This notice summarizes and responds to comments solicited by FTA by notice published in the **Federal Register** on March 22, 2006 (71 FR 14568). *Availability of the Notice:* Copies of this notice, and any documents indicated in the supplementary information as being available in the docket, are part of docket FTA-2006-23697. To read materials relating to this notice, please visit the DOT docket ( *http://dms.dot.gov* ) at any time or go to the Docket Management System facility, U.S.
Department of Transportation, Room PL-401, on the plaza level of the Nassif Building; 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Shauna J. Coleman, Esq., Federal Transit Administration, Office of the Chief Counsel, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001,
(202)366-4011, *shauna.coleman@dot.gov.* SUPPLEMENTARY INFORMATION: Section 3011(c) of the SAFETEA-LU authorizes the Secretary to establish and implement the Pilot Program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. On March 22, 2006, FTA issued a notice and solicitation for comments with respect to the Secretary's establishment and implementation of the Pilot Program (71 FR 14568). FTA received comments from 19 parties in response to the notice. FTA responds to these comments by topic and in the following order:
(A)Statutory background;
(B)objective of the Pilot Program;
(C)operation of the Pilot Program;
(D)common grant rule;
(E)seniority of the Federal Interest; and
(F)tax-exempt financing. A. Statutory Background FTA requested comments on the following questions:
(i)What, if any, operative criteria beyond those set forth in the statute should the Secretary adopt to implement the Pilot Program;
(ii)what, if any, benefits should the Secretary confer on selected projects;
(iii)whether it is significant that section 3011(c) provides no special funding for the Pilot Program; and
(iv)what, if any, changes in law or new financial incentives are appropriate or necessary to promote the participation of private enterprise in the delivery and operation of transit systems? *(i) What, if any, operative criteria beyond those set forth in the statute should the Secretary adopt to implement the Pilot Program?* Six commenters responded to this question. Some of these commenters thought that additional operating criteria should not limit the opportunities for creativity and that FTA should allow private, state, and local parties maximum latitude to determine the parameters and merits of potential projects. In addition, several of these commenters recommended that selected projects should incorporate innovative contracting mechanisms. *FTA response:* FTA agrees that operating criteria should not limit the opportunities for creativity. FTA further agrees that innovative procurement contracting mechanisms and financing should be considerations used in the selection of an eligible project. *(ii) What, if any, benefits should the Secretary confer on selected projects?* Five commenters responded to this question. Two commenters submitted general comments on the benefits the Secretary should confer on selected projects. For instance, one commenter generally recommended that FTA tailor the benefits it confers to the particular requirements of a project. Another commenter generally recommended that FTA award PPPs the highest priority available from programs for which such projects apply and qualify. Two commenters recommended that FTA waive strict compliance with one or more New Starts and/or NEPA evaluation requirements. One commenter recommended that FTA support Congressional earmarks for selected projects. *FTA response:* FTA agrees that it should identify alternative bases for compliance with one or more New Starts evaluation requirements applicable to projects that participate in the Pilot Program, insofar as consistent with law. The Pilot Program offers Pilot Projects that are candidates for funding under FTA's New Starts certain program incentives—in the form of improved ratings, accelerated review process, and other benefits—to enter into PPPs for project delivery. FTA's role is not to advocate for Congressional earmarking on behalf of projects, but FTA does recommend projects for funding in the annual New Starts Report and in the President's budget request. *(iii) Whether it is significant that section 3011(c) provides no special funding for the Pilot Program.* FTA received the following three comments on this question: one commenter thought that it was unremarkable that Congress authorized no special funding for this program; one commenter noted that by not designating any specific source of funding, Congress provided FTA with the flexibility to identify funds and develop program requirements; and one commenter thought Congress intended to limit the use of private investment in PPPs for selected fixed guideway projects. *FTA response:* Based on FTA's review of section 3011(c) and pertinent sections of the Conference Report that accompanied SAFETEA-LU, FTA is not limited to funding the Pilot Program from the New Starts program. FTA reminds commenters that while the statute states that the Secretary may establish the Pilot Program to demonstrate the advantages of PPPs for “certain new fixed guideway projects,” it does not expressly limit financial support of such projects to New Starts funding. FTA notes that new fixed guideway capital projects may be funded not only through the New Starts program but with certain formula funds, as well. *(iv) What, if any, changes in law or new financial incentives are appropriate or necessary to promote the participation of private enterprise in the delivery and operation of transit systems?* Three commenters responded to this question. One commenter suggested that FTA reclassify the retirement of a capital debt from an operating expense to a capital expense. Two commenters suggested that providing Federal grant or loan money for developmental or pre-construction work could induce private investment. *FTA response:* FTA agrees that reclassifying the retirement of a capital debt from an operating expense to a capital expense and providing Federal grant or loan money for developmental or pre-construction work would promote the participation of private enterprise in the delivery and operation of transit systems. Within the context of the Pilot Program, FTA would be prepared to evaluate proposals to do so on a case-by-case basis, if permitted by law and supported by sound policy that is consistent with the Pilot Program's objectives. B. Objective of the Pilot Program FTA requested comments on whether, and on what terms, the Pilot Program should streamline the New Starts application process, specifically with regard to its due diligence and NEPA components, to promote PPPs that would realize significant savings in the procurement of eligible projects.
(i)Due Diligence FTA requested comments regarding how its New Starts application process may be altered to accelerate project delivery without impairing FTA's duties as a steward of Federal funds. Six commenters responded to this question. Two commenters supported the use of contract terms to allocate risk and ensure due diligence. Three commenters recommended that FTA utilize concurrent rather than linear procedures in its New Starts process, and provided specific recommendations on how FTA could alter its New Starts application process. One commenter requested that FTA clarify how the requirement for public accountability and due diligence can be met under the PPP approach. *FTA response:* FTA agrees that it should streamline certain New Starts due diligence requirements and directs interested parties to section 3(i) of FTA **Federal Register** notice issued on January 19, 2007 (72 FR 2587) for a detailed discussion on how FTA might alter certain due diligence requirements for selected Pilot Projects. In response to the commenter requesting clarity, FTA directs this commenter to section 3(c) of FTA **Federal Register** notice issued on January 19, 2007 (72 FR 2587), which details how commercial arrangements negotiated between the project sponsor and private partner may adequately safeguard the Federal Interest.
(ii)National Environmental Policy Act (“NEPA”) FTA requested comments on whether, and on what terms, the Pilot Program should streamline its NEPA components to accelerate project delivery without impairing FTA's duties as a steward of the environment. *(a) Whether the Pilot Program should permit acquisition of engineering and design services prior to the issuance of a Record of Decision (“ROD”).* Several commenters responded to this question. All but one of these commenters supported the acquisition of engineering and design services prior to the issuance of a ROD. *FTA response:* FTA agrees that it should permit acquisition of engineering and design services prior to the issuance of a ROD, as provided in section 3(l) of FTA's **Federal Register** notice published at 72 FR 2587 (January 19, 2007). FTA notes that on several prior occasions it has allowed project sponsors to negotiate and award design-build contracts when
(1)the contract did not commit the project sponsor or FTA to final design or construction prior to the completion of compliance with NEPA, and
(2)the entities performing the NEPA studies had no financial interest in the outcome of the project under the study. FTA directs interested parties to section 3(l) of FTA's **Federal Register** notice published at 72 FR 2587 (January 19, 2007) for a full discussion on the extent to which FTA may permit acquisition of engineering and design services prior to the completion of compliance with NEPA. *(b) Whether the Pilot Program should adopt procedures with the same or similar effects as those described in 23 U.S.C. 112(b)(3), as amended by section 1503 of SAFETEA-LU, concerning design-build contracts.* Three commenters responded to this question and all of these commenters supported FTA's adoption of procedures similar to those in section 1503 of SAFETEA-LU, concerning design-build contracts. *FTA response:* FTA agrees that the Pilot Program should adopt procedures with the same or similar effects as those set forth in 23 U.S.C. 112(b)(3), as amended. FTA directs commenters to section 3(l) of FTA's **Federal Register** notice published at 72 FR 2587 (January 19, 2007), which outlines the environmental procedures that FTA adopted with respect to the design-build elements of a Pilot Project's procurement. *(c) How should the Pilot Program construe the Categorical Exclusion (“CE”) to realize savings for project sponsors in connection with the acquisition of rights-of-way and parcels of land?* One commenter responded to this question. This commenter urged FTA to consider increasing real estate prices as one factor used to establish the imminence of increasing development pressures so that increasing prices in highly developed or rapidly developing areas would permit an agency to rely upon the CE. *FTA response:* FTA notes that with a few limited exceptions, joint FTA/FHWA regulations implementing NEPA specifically prohibit real estate acquisition activities prior to the completion of the NEPA process. Those exceptions, specified at 23 CFR 771.117, allow for pre-ROD real estate acquisition in some limited circumstances, but not on the basis of rising property values. Moreover, when it authorized SAFETEA-LU, Congress amended 49 U.S.C. 5324(c) to allow for the pre-ROD acquisition of contiguous railroad right-of-way in certain cases. *(d) How should the Pilot Program address NEPA to anticipate changes in project scope?* Five commenters responded to this question and all of these commenters recommended that FTA should not reopen the NEPA process and/or existing ROD for review of a new impact that is not determined to be substantial. *FTA response:* In general, FTA policy is to perform a supplemental Environmental Assessment (“EA”) for review of a new impact if that impact is potentially significant, and a supplemental Environmental Impact Statement (“EIS”) in cases where FTA is certain that the new impact is significant. In some cases, a reevaluation may be required to assist FTA in deciding whether supplemental NEPA work is needed. C. Operation of the Pilot Program FTA requested comments on whether, and on what terms, the Pilot Program should provide grants for eligible projects contemplated by long-term operation or concession agreements with private enterprise. Six commenters supported FTA providing grants for eligible projects contemplated by long-term operation or concession agreements with private enterprise. Three commenters offered suggestions as to how the Pilot Program might encourage transit systems to enter into PPPs. One commenter suggested that FTA allow the Pilot Program to privatize all or part of the capital asset. Another commenter suggested FTA provide financial capacity for pre-construction work. One commenter recommended that FTA tie the Pilot Program directly to New Starts funding. *FTA response:* FTA agrees that projects involving long-term private operations or concession contracts should be eligible for funding under the Pilot Program. D. Common Grant Rule FTA requested comments on whether, and to what extent, the Pilot Program should authorize the use of program income to support a PPP that sponsors an eligible project. Five commenters supported the flexible use of program income. *FTA response:* FTA agrees and supports flexible uses of program income, as permitted pursuant to 49 CFR 18.25(g). E. Seniority of the Federal Interest FTA requested comments on whether, and to what degree, FTA's subordination of priority of repayment of Federal loans would be useful in structuring a PPP. FTA also requested comments on the extent to which loans, loan guarantees, and other credit enhancing devices available under the Transportation Infrastructure Financing and Innovation Act (“TIFIA”) might be used to facilitate the financing of an eligible project. Four commenters supported subordination of the Federal Interest. Three commenters generally supported the use of the loan guarantees available under TIFIA for financing PPPs. *FTA response:* FTA agrees that subordination of priority of repayment of Federal loans could be useful in structuring a PPP. FTA also agrees that project sponsors should utilize a wide range of financing tools to support PPPs, including loan guarantees and other mechanisms available under the TIFIA program to finance eligible PPPs. F. Tax Exempt Financing FTA requested comments on the extent to which private activity bonds (“PABs”) or PABs not subject to State population-based bond issuance limits (“new PABs”) might assist in financing an eligible project. Seven commenters generally supported the use of PABs to assist in financing eligible projects. *FTA response:* FTA agrees that project sponsors should utilize a wide range of financing tools, including PABs and new PABs, to support PPPs, if the project is eligible to use such financing tools. Issued in Washington, DC, this 25th day of April 2007. James S. Simpson, Administrator. [FR Doc. E7-8227 Filed 4-30-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2007-27073; Notice 2] Nissan North America, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance Nissan North America, Inc. (Nissan) has determined that certain rims on certain vehicles that it produced in 2000 through 2005 do not comply with paragraphs S5.2(a) and S5.2(c) of 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.* Pursuant to 49 U.S.C. 30118(d) and 30120(h), Nissan has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Responsibility and Reports.” Notice of receipt of a petition was published, with a 30-day public comment period, on February 16, 2007, in the **Federal Register** (72 FR 7709). The National Highway Traffic Safety Administration (NHTSA) received no comments. To view the petition and all supporting documents and comments submitted, go to: *http://dms.dot.gov/search/searchFormSimple.cfm* and enter Docket No. NHTSA-2007-27073. Affected are a total of approximately 5,000 optional dealer accessory wheels that have been sold and have been installed on approximately 1,250 model year 2000 through 2005 Nissan Xterra multipurpose passenger vehicles and Frontier pickup trucks. Specifically, paragraph S5.2 of FMVSS No. 120, rim marking, requires that each rim be marked with certain information on the weather side, including: S5.2(a) requiring a one-letter designation which indicates the source of the rim's published nominal dimensions, and S5.2(c) requiring the symbol DOT. The rims installed on the affected vehicles do not contain the markings required by paragraphs S5.2(a) or S5.2(c). Nissan has corrected the problem that caused these errors so that they will not be repeated in future production. Nissan believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Nissan states that the affected rims are 16″ x 7″ aluminum alloy, which are commonly available and utilized in the United States. They are a correct specification for mounting 16″ original equipment tires specified for Xterra and Frontier models, and are capable of carrying the gross vehicle weight rating
(GVWR)of the vehicle. Nissan first became aware of the noncompliance of these vehicles during a regulatory compliance review that Nissan conducted during March 2006. Nissan states that no accidents or injuries have occurred, and no customer complaints have been received related to the lack of the markings or any problem that may have resulted from the lack of the markings. Nissan further states that the missing markings do not affect the performance of the wheels or the tire and wheel assemblies. The rims are marked in compliance with paragraphs S5.2(b), rim size designation; S5.2(d), manufacturer identification; and S5.2(e) month, day and year or month and year of manufacture. The rims are also marked with a 4030S RSD20-10/20 part number. The tire size is marked on the tire sidewalls, and the owner's manual and tire inflation pressure placard contain the appropriate tire size to be installed on the original equipment rims. Therefore, Nissan does not believe there is a possibility of a tire and rim mismatch as a result of the missing rim markings. All other requirements under FMVSS No. 120 are met. NHTSA agrees that the noncompliance is inconsequential to motor vehicle safety. The rims are marked in compliance with paragraphs S5.2(b) rim size designation; S5.2(d) manufacturer identification; and S5.2(e) month, day and year or month and year of manufacture. The rims are also marked with a part number. The tire size is marked on the tire sidewalls, and the owner's manual and tire inflation pressure placard contain the appropriate tire size to be installed on the original equipment rims. Therefore, there is little likelihood of a tire and rim mismatch as a result of the missing rim markings. With regard to the omission of the DOT symbol, the agency regards the noncompliance with paragraph S5.2(c) as a failure to comply with the certification requirements of 49 U.S.C. 30115, and not a compliance failure requiring notification and remedy. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Nissan's petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: April 24, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7-8202 Filed 4-30-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2006-26282; Notice 2] U.S. Bus Corporation; Denial of Petition for Decision of Inconsequential Noncompliance U.S. Bus Corporation (U.S. Bus) has determined that certain school buses that it produced from 1998 through 2006 do not comply with paragraph S9.3(c) of 49 CFR 571.111, Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rearview Mirrors. As explained below, the noncompliance involves placement of a required label on school buses with cross view mirrors. U.S. Bus has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Responsibility and Reports.” Pursuant to 49 U.S.C. 30118(d) and 30120(h), U.S. Bus also has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on December 13, 2006 in the **Federal Register** (71 FR 74996). NHTSA received no comments on the petition. To view the petition and all supporting documents, go to: *http://dms.dot.gov/search/searchFormSimple.cfm* and enter Docket No. NHTSA-2006-26282. Affected are a total of approximately 4,019 Universe and Sturdibus model school buses produced by U.S. Bus from 1998 through October 23, 2006 that do not meet the requirements of paragraph S9.3(c) of the standard. Specifically, paragraph S9.3(c) of FMVSS No. 111 requires that: Each school bus which has a mirror installed in compliance with S9.3(a) that has an average radius of curvature of less than 889 mm, as determined under S12, shall have a label visible to the seated driver. . . . The label shall state the following: “USE CROSS VIEW MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. DO NOT USE THESE MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN SUCH MIRRORS DO NOT ACCURATELY SHOW ANOTHER VEHICLE'S LOCATION.” On the noncompliant buses, the required label is affixed in a location behind the interior rearview mirror (used to observe vehicle occupants), thereby obscuring the label from view. As discussed in its petition, U.S. Bus argued that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. U.S. Bus based its conclusion on the following reasoning: 1. The decal in question is required only on school buses; 2. The crossview mirrors requiring the decal are only required on school buses; 3. School bus drivers are thoroughly trained in driving a school bus, including proper adjustment and viewing images through both the rearview and crossview mirrors; 4. The placement of the decal has no effect on the safety or reliability of the vehicle; 5. The placement of the decal may or may not be visible from the driver's seated position, and depends upon the adjustment of the rearview mirror as to whether the decal is visible by the driver. NHTSA Decision In reaching our decision, NHTSA has carefully reviewed the subject petition, as well as a similar petition which was submitted to NHTSA in 2005 by another school bus manufacturer, Les Entreprises Corbeil, Inc. (Corbeil). To view the Corbeil petition and all supporting documents, go to: Docket No. NHTSA-2006-20923. The following explains our rationale. As part of its reasoning, U.S. Bus asserted that because cross view mirrors and the associated warning label are only required on school buses, the noncompliance is inconsequential to motor vehicle safety and no corrective action is warranted. NHTSA does not understand or agree with this line of reasoning. School buses are regulated as a special vehicle type because they have a unique usage to transport large numbers of school-aged children to and from school and other activities. School buses are equipped with cross view mirrors primarily for the purpose of allowing the driver, prior to moving a bus, to observe pedestrians who have entered the zone in front of and on the sides of the bus where the driver has limited direct line-of-sight. Thus, cross view mirrors and the label describing their use are critical to the safety of these students who may not be visible to the driver. U.S. Bus also stated that placement of the label has no effect on the safety of the vehicle and that school bus drivers are thoroughly trained in driving school buses, including the proper adjustment of and viewing images in both rearview and cross view mirror systems. NHTSA does not agree that driver training can replace the need for proper placement of the warning label. The label must be visible because it serves dual purposes, both of which are safety-related:
(1)To inform the driver to use the cross view mirrors to view pedestrians while the bus is stopped, and
(2)to remind the driver that the cross view mirrors are not to be used to view traffic while the bus is moving. Cross view convex mirrors affect distance perception because objects viewed in convex surface mirrors appear smaller (thereby giving the appearance of greater distance) than when viewed in flat surface mirrors. Furthermore, although NHTSA is aware that both the school bus industry and school systems place great importance on driver training, the thoroughness and consistency of driver training is not regulated and, consequently, may not be the same in all jurisdictions. In addition, school bus drivers tend to switch vehicles often, and their employment turnover rate is high. Therefore, the label, which is intended to be a constant reminder as to the use and limitations of cross view mirror systems, is a safety-critical feature, even for seasoned drivers. U.S. Bus stated that the label in the subject noncompliant buses may or may not be visible from the driver's seated position, depending on the rear view mirror adjustment. Based on examination of the tested non-compliant bus, NHTSA has determined that when the inside mirror is properly adjusted to view the seated students the label is obscured for drivers of nearly any size. In addition, we note the agency's June 2005 decision to grant the Corbeil petition, in which case the required cross view mirror warning labels for school buses were never installed (see 70 FR 33769 (June 9, 2005)). However, we would distinguish that case here. NHTSA based its Corbeil decision on the fact that the number of non-compliant vehicles was relatively small (245 buses), that corrections were made to rectify the situation in the future, and that driver training assured that the mirrors were used correctly. For U.S. Bus, however, the number of non-complaint buses is significantly higher at 4,019. Lastly, since the Corbeil decision, NHTSA published in the fall of 2006 a Traffic Safety Facts report titled “School Transportation-Related Crashes,” DOT-HS-810626, which report states that since 1995, 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. The report also lists the numbers of pedestrian fatalities (school-age and other pedestrians) resulting from individuals being struck by school vehicles in 2003-2005, as 22, 27 and 27, respectively. The yearly pedestrian/school vehicle fatalities have risen from 16 in 2002 to 27 in 2005. We believe that strict compliance with applicable standards can help reverse this upward trend. According to an earlier Traffic Safety Facts report (DOT-HS-809770), there were 32 pedestrian/school vehicle fatalities in 1993. Based upon these findings, NHTSA believes that the decline in fatalities during the years after 1993 is attributable in part to the amendment to FMVSS No. 111 (effective in December 1993), which required the areas in front of and along the sides of school buses to be viewable by the driver. Manufacturers are using cross view mirrors to comply with these requirements. We want to ensure that the drivers of these buses receive every possible reminder to make proper use of cross view mirrors. Since the cross view mirror labels remind school bus drivers of the appropriate use of these mirrors, NHTSA has reconsidered its view concerning the label and now believes that driver training is not an adequate substitute for missing labels or labels that are not visible to the seated driver. In consideration of the foregoing, NHTSA has decided that U.S. Bus has not met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, U.S. Bus's petition is hereby denied, and the petitioner must notify according to 49 U.S.C. 30118 and remedy according to 49 U.S.C 30120. Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: April 24, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7-8200 Filed 4-30-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network; Suspicious Activity Reporting; Release of Revised Suspicious Activity Reports AGENCY: Financial Crimes Enforcement Network, Department of the Treasury. ACTION: Notice. SUMMARY: The Financial Crimes Enforcement Network (“FinCEN”) is issuing this notice to communicate a delay in the dates for using the revised Suspicious Activity Report (“SAR”) forms. The revised SAR forms that support joint filing were originally scheduled to become effective on June 30, 2007 and mandatory on December 31, 2007. FinCEN will establish new dates for using the revised SAR forms in a future notice. FOR FURTHER INFORMATION CONTACT: Regulatory Policy and Programs Division, Financial Crimes Enforcement Network at
(800)949-2732. SUPPLEMENTARY INFORMATION: Background It is FinCEN's intention to implement revised SAR forms that facilitate joint filing for depository institutions, 1 casinos and card clubs, 2 insurance companies, 3 and the securities and futures industries. 4 On December 21, 2006, FinCEN issued a notice on its Web site explaining that financial institutions would be able to begin filing the revised SAR forms with FinCEN on June 30, 2007. 5 We are postponing this date and the date by which use of the revised forms becomes mandatory because of recently implemented data quality initiatives. FinCEN will provide advance notice of the new dates for using the revised forms at a future time. In the meantime, financial institutions will continue to report suspicious activities using the existing SAR forms. 6 1 31 CFR 103.18. 2 31 CFR 103.21. 3 31 CFR 103.16. 4 31 CFR 103.15, 103.17, and 103.19. 5 *See* Additional Suspicious Activity Reports
(SAR)Revised for Other Industries to Support Joint Filing and Reduce Duplicate SARs, *http://www.fincen.gov* . 6 The current SAR forms can be found on FinCEN's Web page at: *http://www.fincen.gov/reg_bsaforms.html#SAR* . Dated: April 26, 2007. William F. Baity, Deputy Director, Financial Crimes Enforcement Network. [FR Doc. E7-8320 Filed 4-30-07; 8:45 am] BILLING CODE 4810-02-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-138176-02] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing proposed regulation, REG-138176-02 (NPRM), Timely Mailing Treated As Timely Filing. DATES: Written comments should be received on or before July 2, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulation should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at *Allan.M.Hopkins@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Timely Mailing Treated As Timely Filing. *OMB Number:* 1545-1899. *Regulation Project Number:* REG-138176-02. *Abstract:* Under I.R.C. section 7502, in order for taxpayers to establish the postmark date and prima facie evidence of delivery when using registered or certified mail to file documents with the IRS, taxpayers will need to retain the sender's receipt. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households, business or other for-profit organizations, not-for-profit institutions, farms, Federal government and State, local, or tribal government. *Estimated Number of Respondents:* 10,847,647. *Estimated Time per Respondent:* 6 minutes. *Estimated Total Annual Burden Hours:* 1,084,765. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 23, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-8302 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-145987-03] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing proposed regulation, REG-145987-03 (NPRM), Qualified Severance of a Trust for Generation-Skipping Transfer
(GST)Tax Purposes. DATES: Written comments should be received on or before July 2, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulation should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Qualified Severance of a Trust for Generation-Skipping Transfer
(GST)Tax Purposes. *OMB Number:* 1545-1902. *Regulation Project Number:* REG-145987-03. *Abstract:* This information is required by the IRS for qualified severances. It will be used to identify the trusts being severed and the new trusts created upon severance. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 25,000. *Estimated Time per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 12,500. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 23, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-8303 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Revenue Procedure 2001-37 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2001-37, Extraterritorial Income Exclusion Elections. DATES: Written comments should be received on or before July 2, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the revenue procedure should be directed to Allan Hopkins at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Extraterritorial Income Exclusion Elections. *OMB Number:* 1545-1731. *Revenue Procedure Number:* Revenue Procedure 2001-37. *Abstract:* Revenue Procedure 2001-37 provides guidance for implementing the elections (and revocation of such elections) established under the “FSC Repeal and Extraterritorial Income Exclusion Act of 2000.” *Current Actions:* There are no changes being made to the revenue procedure at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 56. *Estimated Time per Respondent:* 20 minutes. *Estimated Total Annual Burden Hours:* 19. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 24, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-8305 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 1116 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1116, Foreign Tax Credit. DATES: Written comments should be received on or before July 2, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Foreign Tax Credit. *OMB Number:* 1545-0121. *Form Number:* 1116. *Abstract:* Form 1116 is used by individuals (including nonresident aliens), estates, or trusts who paid foreign income taxes on U.S. taxable income, to compute the foreign tax credit. This information is used by the IRS to determine if the foreign tax credit is properly computed. *Current Actions:* There is a net loss of 3 line items on this form. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Responses:* 4,143,255. *Estimated Time per Respondent:* 5 hours, 20 minutes. *Estimated Total Annual Burden Hours:* 22,093,974. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 24, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-8308 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8655 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8655, Reporting Agent Authorization for Magnetic Tape/Electronic Filers. DATES: Written comments should be received on or before July 2, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Reporting Agent Authorization for Magnetic Tape/Electronic Filers. *OMB Number:* 1545-1058. *Form Number:* Form 8655. *Abstract:* Form 8655 allows a taxpayer to designate a reporting agent to file certain employment tax returns electronically or on magnetic tape, to receive copies of notices and other tax information, and to submit Federal tax deposits. This form allows IRS to disclose tax account information and to provide duplicate copies of taxpayer correspondence to authorized agents. *Current Actions:* There are no changes being made to this form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 110,000. *Estimated Time per Respondent:* 6 minutes. *Estimated Total Annual Burden Hours:* 11,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 24, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-8314 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Low Income Taxpayer Clinic Grant Program; Availability of 2007 Supplemental Grant Application Period for Colorado AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice. SUMMARY: This document contains a Notice that the IRS has made available a supplemental period within which organizations in Colorado may apply for a Low Income Taxpayer Clinic
(LITC)matching grant for the remainder of the 2007 grant cycle (the 2007 grant cycle runs January 1, 2007, through December 31, 2007). The supplemental application period shall run from April 27, 2007, to May 25, 2007. The LITC grant program is now in its ninth year and continues to expand. To date in 2007, the LITC Program Office has awarded LITC grants to 154 organizations in 49 states, the District of Columbia, Puerto Rico, and Guam. Currently there are no LITCs in the state of Colorado. The IRS has approximately $55,000 available in matching grant funds to award to qualifying organizations in Colorado. In order to be considered for a supplemental 2007 Low Income Taxpayer Clinic grant, a qualifying organization must be in a position to provide qualified services to taxpayers in Colorado. Qualifying organizations that provide representation for free or for a nominal fee to low income taxpayers involved in tax controversies with the IRS or that provide education on taxpayer rights and responsibilities to taxpayers for whom English is a second language or who have limited English proficiency can apply for matching grants for the remainder of the 2007 grant cycle. Examples of qualifying organizations include:
(1)Clinical programs at accredited law, business or accounting schools, whose students may represent low income taxpayers in tax controversies with the IRS, and
(2)organizations exempt from tax under I.R.C. § 501(a) which represent low income taxpayers in tax controversies with the IRS or refer those taxpayers to qualified representatives. DATES: All grant applications for the remainder of the 2007 grant cycle must be postmarked by May 25, 2007, in order to be considered timely. If filing electronically, applications must be submitted on or before May 25, 2007. ADDRESSES: Send completed grant applications to: Internal Revenue Service, Taxpayer Advocate Service, LITC Program Office, TA:LITC, Attention: LITC Supplemental Applications, 1111 Constitution Ave., NW., Room 1034, Washington, DC 20224. Copies of the 2007 Grant Application Package and Guidelines, IRS Publication 3319 (Rev. 5-2006), can be downloaded from the IRS Internet site at *http://www.irs.gov/advocate* or ordered from the IRS Distribution Center by calling 1-800-829-3676. Applicants can also file electronically at *www.grants.gov.* For applicants applying through the Federal Grants Web site, the Funding Number is TREAS-GRANTS-052007-002. FOR FURTHER INFORMATION CONTACT: The LITC Program Office at 202-622-4711 (not a toll-free number) or by e-mail at *LITCProgramOffice@irs.gov.* SUPPLEMENTARY INFORMATION: Background Section 7526 of the Internal Revenue Code authorizes the IRS, subject to the availability of appropriated funds, to award organizations matching grants of up to $100,000 per year for the development, expansion, or continuation of qualified low income taxpayer clinics. Section 7526 authorizes the IRS to provide grants to qualified organizations that represent low income taxpayers in controversies with the IRS or inform individuals for whom English is a second language of their taxpayer rights and responsibilities. The IRS may award grants to qualifying organizations to fund one-year, two-year or three-year project periods. Grant funds may be awarded for start-up expenditures incurred by new clinics during the grant period. The 2007 Grant Application Package and Guidelines, Publication 3319 (Rev. 5-2006), outlines requirements for the operation of a qualifying LITC program and provides instructions on how to apply for a grant. The costs of preparing and submitting an application are the responsibility of each applicant. Each application will be given due consideration and the LITC Program Office will mail notification letters to each applicant. Selection Consideration Applications that pass the eligibility screening process will be numerically ranked based on the information contained in their proposed program plan. Please note that the IRS Volunteer Income Tax Assistance
(VITA)and Tax Counseling for the Elderly
(TCE)Programs are independently funded and separate from the LITC Program. Organizations currently participating in the VITA or TCE Programs may be eligible to apply for a LITC grant if they meet the criteria and qualifications outlined in the 2007 Grant Application Package and Guidelines, Publication 3319 (Rev. 5-2006). Organizations that seek to operate VITA and LITC Programs, or TCE and LITC Programs, must maintain separate and distinct programs even if co-located to ensure proper cost allocation for LITC grant funds and adherence to the rules and regulations of the VITA, TCE and LITC Programs, as appropriate. Comments Interested parties are encouraged to provide comments on the IRS's administration of the grant program on an ongoing basis. Comments may be sent to Sandra McQuin, P.O. Box 2305, Stop 1006MIL, Milwaukee, WI 53201-3205. Melissa R. Snell, Deputy National Taxpayer Advocate, Internal Revenue Service. [FR Doc. E7-8301 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Area 6 Committee (Including the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice. SUMMARY: An open meeting of the Area 6 Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. The TAP will use citizen input to make recommendations to the Internal Revenue Service. DATES: The meeting will be held Thursday, May 24, 2007. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227, or
(206)220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 6 Committee of the Taxpayer Advocacy Panel will be held Thursday, May 24, 2007 from 1 p.m. to 2:30 p.m. Pacific Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made to Dave Coffman. Mr. Coffman can be reached at 1-888-912-1227 or
(206)220-6096. If you would like to have the TAP consider a written statement, please call or write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174, or you can contact us at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: April 24, 2007. John Fay, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E7-8304 Filed 4-30-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Land Border Carrier Initiative AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995: Land Border Carrier Initiative. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (72 FR 9346) on March 1, 2007, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before May 31, 2007. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13). Your comments should address one 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/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components 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 collections of information on those who are to respond, including 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. *Title:* Land Border Carrier Initiative Program. *OMB Number:* 1651-0077. *Form Number:* N/A. *Abstract:* LBCIP is a Program in which applicants are pre-screened in order to receive expedited processing at CBP land ports-of-entry. The Customs and Trade Partnership Against Terrorism (C-TPAT) Program supersedes LBCIP and expands it to include other entities, including air and sea. Its purpose is also to provide participants expedited processing at ports-of-entry. CBP requests that the name of this information collection be changed from Land Border Carrier Initiative Program (LBCIP) to Customs and Trade Partnership Against Terrorism (C-TPAT). *Current Actions:* This submission is to extend the expiration date without a change to the burden hours. *Type of Review:* Extension (with change). *Affected Public:* Businesses, Individuals, Institutions. *Estimated Number of Respondents:* 6,500. *Estimated Time per Respondent:* 5 hours. *Estimated Total Annual Burden Hours:* 32,500. *Estimated Total Annualized Cost on the Public:* N/A. *If additional information is required contact:* Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 24, 2007. Tracey Denning, Agency Clearance Officer, Information Services Branch. [FR Doc. E7-8306 Filed 4-30-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [Docket No. USCBP-2007-0044] Notice of the Meeting of the U.S. Customs and Border Protection Airport and Seaport Inspections User Fee Advisory Committee AGENCY: U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The U.S. Customs and Border Protection (“CBP”) Airport and Seaport Inspections User Fee Advisory Committee (“Advisory Committee”) will meet in open session. The meeting will be open to the public. DATES: Wednesday, June 6, 2007, 12:30 p.m. to 3 p.m. ADDRESSES: The meeting will be held at Conference Room B 1.5-10, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW., Washington, DC. If you desire to submit comments, requests for time to make oral presentations must be submitted by May 23, 2007. Comments must be identified by USCBP-2007-0044 and may be submitted by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: Roberto.M.Williams@dhs.gov.* Include the docket number in the subject line of the message. • *Facsimile:*
(202)344-1818. • *Mail:* Mr. Roberto Williams, Cost Management Division, 1300 Pennsylvania Avenue, NW., Suite 4.5A, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229. *Instructions:* All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at *http://www.regulations.gov* , including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the Advisory Committee go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Roberto Williams, Cost Management Division, 1300 Pennsylvania Avenue, NW., Suite 4.5A, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229; telephone number 202-344-1101; facsimile: 202-344-1818; e-mail: *Roberto.M.Williams@dhs.gov.* SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act (5 U.S.C., app. 1), DHS hereby announces the meeting of the U.S. Customs and Border Protection Airport and Seaport Inspections User Fee Advisory Committee (hereinafter, “Advisory Committee”). This Advisory Committee was established pursuant to section 286(k) of the Immigration and Nationality Act (INA), codified at title 8 U.S.C. 1356(k), which references the Federal Advisory Committee Act (5 U.S.C. App. 1 *et seq.* ). With the merger of the Immigration and Naturalization Service into the Department of Homeland Security, the Advisory Committee's responsibilities were transferred from the Attorney General to the Commissioner of CBP pursuant to section 1512(d) of the Homeland Security Act of 2002. The Advisory Committee held its first meeting under the direction of CBP on October 22, 2003 (see 68 FR 56301, September 30, 2003). Among other things, this Advisory Committee advises the Department of Homeland Security via the Commissioner of CBP on issues related to the performance of airport and seaport inspections involving agriculture, Customs, or immigration based concerns. This advice includes, but is not limited to issues such as the time period during which such services should be performed and the proper number and deployment of inspection officers. Additionally, this advice includes the level and the appropriateness of the following fees assessed for CBP services: the immigration user fee pursuant to 8 U.S.C. 1356(d), the Customs inspection user fee pursuant to 19 U.S.C. 58(a)(5), and the agriculture inspection user fee pursuant to 21 U.S.C. 136a. The fifth meeting of the CBP Advisory Committee will be held at the date, time and location specified above. A tentative agenda for the meeting is set forth below. This meeting is open to the public. Public participation in the deliberations is welcome; however, please note that matters outside of the scope of this committee will not be discussed. All visitors to the Ronald Reagan Building will have to show a picture ID in order to be admitted into the building. Since seating is limited, all persons attending this event must provide notice, preferably by close of business Wednesday, May 23, 2007, to Mr. Roberto Williams, Cost Management Division, 1300 Pennsylvania Avenue, NW., Suite 4.5A, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229; telephone number 202-344-1101; e-mail address: *Roberto.M.Williams@dhs.gov* ; facsimile: 202-344-1818. Please include your name, telephone number, organization you represent, and e-mail address (if applicable). For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Mr. Roberto Williams as soon as possible. Tentative Agenda 1. Introduction of Committee members and CBP Personnel. 2. Report of activities since last meeting of August 22, 2006. 3. Operational initiatives and programs. 4. Workload issues and traffic trends. 5. Funding levels. 6. User fee initiatives. 7. Specific concerns and questions of Committee members addressed. 8. Discussion of relevant written statements submitted in advance by members of the public. 9. Committee's administrative housekeeping issues and scheduling of next meeting. 10. Adjourn. Dated: April 26, 2007. Eugene H. Schied, Assistant Commissioner, Office of Finance, U.S. Customs and Border Protection. [FR Doc. E7-8245 Filed 4-30-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [Docket No. USCBP-2007-0054] Notice of Meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions
(COAC)AGENCY: U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (popularly known as “COAC”) will meet on May 15, 2007 in Washington, DC. The meeting will be open to the public. DATES: COAC will meet Tuesday, May 15th from 9 a.m. to 1 p.m. Please note that the meeting may close early if the committee has completed its business. ADDRESSES: The meeting will be held at the Ronald Reagan Building in the Rotunda Ballroom, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. Written material and comments should reach the contact person listed below by May 4. Requests to have a copy of your material distributed to each member of the committee prior to the meeting should reach the contact person at the address below by May 8, 2007. Comments must be identified by USCBP-2007-0054 and may be submitted by *one* of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: traderelations@dhs.gov.* Include the docket number in the subject line of the message. • *Fax:* 202-344-2064. • *Mail:* Ms. Wanda Tate, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Room 8.5C, Washington, DC 20229. *Instructions:* All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the COAC, go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Ms. Wanda Tate, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, 1300 Pennsylvania Ave., NW., Room 8.5C, Washington, DC 20229; *traderelations@dhs.gov;* telephone 202-344-1440; facsimile 202-344-2064. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act (5 U.S.C., app.), DHS hereby announces the meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC). COAC is tasked with providing advice to the Secretary of Homeland Security, the Secretary of the Treasury, and the Commissioner of U.S. Customs and Border Protection
(CBP)on matters pertaining to the commercial operations of CBP and related functions within DHS or the Department of the Treasury. The second meeting of the tenth term of COAC will be held at the date, time and location specified above. A tentative agenda for the meeting is set forth below. Tentative Agenda 1. Advance Trade Data. 2. Customs-Trade Partnership Against Terrorism (C-TPAT). 3. International Container Security. 4. Supply Chain Security Strategy. 5. National Response Plan. 6. Post Incident Trade Resumption. 7. Office of International Trade. 8. World Customs Organization—High Level Strategic Group. Procedural This meeting is open to the public. Please note that the meeting may close early if all business is finished. Participation in COAC deliberations is limited to committee members, Department of Homeland Security officials, and persons invited to attend the meeting for special presentations. All visitors to the Ronald Reagan Building will have to go through a security checkpoint to be admitted to the building. Since seating is limited, all persons attending this meeting should provide notice, preferably by close of business Friday, May 11, 2007, to Ms. Wanda Tate, Office of Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229, telephone 202-344-1440; facsimile 202-344-2064. 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 Ms. Wanda Tate as soon as possible. Dated: April 25, 2007. Michael C. Mullen, Assistant Commissioner, Office of International Affairs and Trade Relations, U.S. Customs and Border Protection. [FR Doc. E7-8246 Filed 4-30-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on OIF/OEF Veterans and Families; Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee on OIF/OEF Veterans and Families will meet on May 14-16, 2007, at The Hilton Alexandria Old Town, 1767 King Street, Alexandria, Virginia. The meeting sessions will begin at 9 a.m. each day and will adjourn at 4;30 p.m. on May 14, 3:30 p.m. on May 15, and 1 p.m. on May 16. The meeting will be open to the public. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the full spectrum of health care, benefits delivery and related family support issues that confront servicemembers during their transition from active duty to veteran status and during their post-service years. The Committee will focus on the concerns of all men and women with active military service in Operation Iraqi Freedom and/or Operation Enduring Freedom, but will pay particular attention to severely disabled veterans and their families. The agenda for the May 14-16 meeting will include briefings by senior officials of the Veterans Health Administration, Veterans Benefits Administration, and National Cemetery Administration on VA programs and policies that particularly affect OIF/OEF veterans. Other presentations will focus on the ongoing activities of VA's Office of Seamless Transition, and deliberations of the Joint (VA-DoD) Executive Council. The May 16 session will be devoted to Committee discussion of its general workplan, possible site visits to VA facilities, and future meeting dates. The meeting will include time reserved for public comments. Individuals wishing to make oral statements must pre-register not later than May 9, 2007 by contacting Tiffany Glover via e-mail *tiffany.glover@va.gov,* and by submitting a 1-2 page summary of their statements for inclusion in the official record of the meeting. Oral statements by the public will be limited to five minutes each and will be received at 3 p.m.-3:30 p.m. on May 15, and at 11 a.m.-12 p.m. on May 16. The public may also submit written statements for the Committee's review to the Advisory Committee on OIF/OEF Veterans and Families (008), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Any member of the public seeking additional information should contact Ronald Thomas, Esq., Designated Federal Officer, at
(202)273-5182. Dated: April 25, 2007. By direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 07-2107 Filed 4-30-07; 8:45 am]
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