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

11,957 words·~54 min read·/register/2007/05/04/07-2207

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BILLING CODE 4210-67-M DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5141-N-02] Manufactured Housing Consensus Committee; Advanced Notice of Proposed Rulemaking AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. SUMMARY: This notice invites interested persons to submit recommendations related to proposed changes to the Federal Manufactured Construction and Safety Standards and Manufactured Home Procedural and Enforcement Regulations.

The recommendations are to be submitted to the Manufactured Housing Consensus Committee (Consensus Committee) for review, and consideration for providing periodic recommendations to the Secretary of the Department of Housing and Urban Development to adopt, revise, and interpret the Federal manufactured housing construction standards and proposed procedural and enforcement regulations. ADDRESSES: Proposed changes should be mailed to: The National Fire Protection Association, One Batterymarch Park, P.O.

Box 9101, Quincy, Massachusetts 02269, *Attention:* Robert Solomon. FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate Deputy Assistant Secretary, Office of Regulatory Affairs and Manufactured Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone

(202)708-6409 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: The Consensus Committee is mandated and established under the authority of Section 604(a) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (“the Act”), 42 U.S.C. 5401 *et seq.* Pursuant to the Act, the Consensus Committee (an advisory committee), not less than once during each two-year period, is charged with providing recommendations to the Secretary to revise, and interpret manufactured home construction and safety standards and procedural and enforcement regulations. Further, the Act mandates that an administering organization administer the process for the Consensus Committee's development and interpretation of the Federal standards and the procedural and enforcement regulations. The administering organization that administers this process is the National Fire Protection Association (NFPA). This notice requests that proposed revisions to the Federal standards and regulations be submitted to the Consensus Committee for consideration through the administering organization, NFPA. The NFPA is responsible for ensuring delivery of all proposals to the Consensus Committee for review and consideration. Dated: April 27, 2007. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E7-8498 Filed 5-3-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits for endangered species and/or marine mammals. SUMMARY: The following permits were issued. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), and/or the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. For each permit for an endangered species, the Service found that

(1)the application was filed in good faith,

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

(3)the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Endangered Species Permit number Applicant Receipt of application Federal Register notice Permit issuance date 146530 Robert H. Clark 72 FR 9770; March 5, 2007 April 10, 2007. Marine Mammals Permit number Applicant Receipt of application Federal Register notice Permit issuance date 143853 Charles P. Kupfer 72 FR 8006; February 22, 2007 April 5, 2007 Dated: April 13, 2007. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-8558 Filed 5-3-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by June 4, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* Lisa Firbank c/o Southern Florida Wildlife Rehabilitation Center, Homestead, FL, PRT-139965 The applicant requests a permit to re-export one live captive-born male Sumatran tiger ( *Panthera tigris sumatrae* ) to Isle of Wight Zoo, Sandown, Isle of Wight, United Kingdom for the purpose of enhancement of the survival of the species. *Applicant:* Louis J. Resha, Jr., Nashville, TN, PRT-150471 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Brian R. Busch, Chesterton, IN, PRT-151277 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with marine mammals. The applications were submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. Applicant: U.S. Geological Survey, Alaska Science Center, Anchorage, AK, PRT-690038 The applicant has requested renewal and amendment of the permit to take polar bears ( *Ursus maritimus* ) in Alaska and to import and export biological samples for the purpose of scientific research. The take activities include capture, recapture and release; tag, mark and radio collar; and collection of biometrics and biological samples. This notification covers activities to be conducted by the applicant over a five-year period. Concurrent with the publication of this notice in the **Federal Register** , the Division of Management Authority is forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Applicant: Anton Gossein, Escondido, CA, PRT-151297 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Kevin Dahm, Algonquin, IL, PRT-151316 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Tony Casagrande, Pataskala, OH, PRT-151317 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: Pat P. Decastro, Taylor Mill, KY, PRT-150523 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: Leon E. Houser, Lebanon, PA, PRT-150941 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Dated: April 13, 2007. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-8557 Filed 5-3-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Proclaiming Certain Lands as Reservation for the Jena Band of Choctaw Indians of Louisiana; Correction AGENCY: Bureau of Indian Affairs, Interior. ACTION: Correction to notice. SUMMARY: The Bureau of Indian Affairs published in the **Federal Register** of April 2, 2007, a notice informing the public that the Principal Deputy Assistant Secretary—Indian Affairs proclaimed approximately 63.52 acres, more or less, as the Jena Band of Choctaw Reservation for the Jena Band of Choctaw Indians of Louisiana (Jena Band). The land description as published contained an error. This action corrects that error. 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. Correction In the notice document, FR Doc E7-6049, beginning on page 15712, in the issue of Monday, April 2, 2007, make the following correction: On page 15712, in the third column, second paragraph, fourth line, “17'41” east” should read “18'41” east”. Dated: April 26, 2007. George T. Skibine, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-8578 Filed 5-3-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-400-1110-CB-241A] Notice of Public Meeting, Recreation Subcommittee of the Coeur d'Alene District Resource Advisory Council Meeting; Idaho AGENCY: Bureau of Land Management, Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management

(BLM)Coeur d'Alene District Resource Advisory Council

(RAC)subcommittee will meet as indicated below. DATES: June 5, 2007. The meeting will start at 8 a.m. and end about 4 p.m. The public comment period will be from 1 p.m. to 1:30 p.m. The meeting will be held at Ruby's Inn located at 4825 N. Reserve in Missoula, MT. Missoula is a central location for subcommittee participants as well as public land users. FOR FURTHER INFORMATION CONTACT: Lisa Wagner, RAC Coordinator, BLM Coeur d'Alene District, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815 or telephone

(208)769-5014. SUPPLEMENTARY INFORMATION: The recreation subcommittee is made up of four members from the 15-member Resource Advisory Council who will invite private and commercial floaters, powerboaters and other recreation users to help prioritize use of fees collected on the Main and Middle Fork Salmon rivers for the Salmon-Challis National Forest. This committee will make recommendations for prioritizing the expenditure of river use fees collected under the Salmon Rivers Recreation Fee Project. The subcommittee will present the information and make recommendations to the Coeur d'Alene District Resource Advisory Council at a later date. More information is available at *www.blm.gov/rac/id/id_index.htm.* All meetings are open to the public. The public may present written comments to the Council in advance of or at the meeting. Each Council meeting will also have time allocated for receiving public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should contact the BLM as provided above. Dated: April 30, 2007. Lewis M. Brown, District Manager. [FR Doc. E7-8592 Filed 5-3-07; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-923-1310-FI; WYW137666] Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of proposed reinstatement of terminated oil and gas lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management

(BLM)received a petition for reinstatement from Loco for competitive oil and gas lease WYW137666 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163.00 to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and

(e)of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW137666 effective November 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E7-8616 Filed 5-3-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-020-5870-EU; N-66278, N-77446, N-66128] Notice of Realty Action; Competitive Sale of Public Land; Humboldt and Pershing Counties, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: Three parcels of land, one 1,909.58 acres (Parcel N-66278) and one 1,160 acres (Parcel N-77446) located in northeast Humboldt County, Nevada, and one parcel of land, equaling 798.04 acres (Parcel N-66128) located in southeast Pershing County, Nevada, totaling 3,867.62 acres of Federal public land, have been examined and found suitable for disposal utilizing competitive sale procedures. The authority for the sale is sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, 1713 and 1719). DATES: Comments regarding the proposed sale must be received by the Bureau of Land Management

(BLM)on or before June 18, 2007. In order to purchase the land, BLM will accept sealed bids from bidders up to July 12, 2007, and accept oral bids at a public auction scheduled July 13, 2007. ADDRESSES: Comments regarding the proposed sale, as well as sealed bids, must be submitted to BLM, and addressed as follows: Field Manager, BLM, Winnemucca Field Office, 5100 East Winnemucca Blvd., Winnemucca, Nevada 89445. The address for oral bidding registration and the location of the public auction is: Winnemucca Field Office, 5100 East Winnemucca Blvd., Winnemucca, Nevada 89445. FOR FURTHER INFORMATION CONTACT: Information regarding the competitive sale instructions, procedures, documents, including environmental documents, maps, and materials to submit a bid can be obtained at the public reception desk at the BLM, Winnemucca Field Office from 7:30 a.m. to 4:30 p.m., Monday through Friday (except Federal holidays), or by contacting Bob Edwards, Supervisory Realty Specialist, at the above address, or at

(775)623-1500 or by e-mail at *redwards@nv.blm.gov.* For general information on BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/nhp/what/lands/realty/sales.htm.* SUPPLEMENTARY INFORMATION: Parcel N-66278 is located approximately twenty-three miles west of Winnemucca, Nevada, and has physical and legal access via a county-maintained gravel road to the south (N-53607), and dirt roads on the east and west sides. Mount Diablo Meridian, Nevada T. 36 N., R. 34 E., Sec. 20, all; Sec. 28, all; Sec. 32, lots, 1, 2, 3, 4, NE 1/4 , S 1/2 . The area described contains 1,909.58 acres, more or less in Humboldt County. This parcel of public land, west of Winnemucca, Nevada, is proposed for sale at no less than the appraised fair market value

(FMV)of $143,000.00, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a state certified appraiser for the purposes of establishing FMV. Parcel N-77446 is located approximately 6 miles northeast of Winnemucca, Nevada, and has physical access via various dirt roads to the east of the parcel. Mount Diablo Meridian, Nevada T. 37 N., R. 39 E., Sec. 26, W 1/2 NE 1/4 , SE 1/4 NE 1/4 , W 1/2 , SE 1/4 ; Sec. 28, E 1/2 , E 1/2 NW 1/4 , SW 1/4 NW 1/4 , SW 1/4 . The area described contains 1,160.00 acres, more or less in Humboldt County. This parcel of public land, northeast of Winnemucca, Nevada, is proposed for sale at no less than the appraised fair market value

(FMV)of $90,000.00, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a state certified appraiser for the purposes of establishing FMV. Parcel N-66128 is located approximately 44 miles south of Winnemucca, Nevada, in Pershing County and has physical access via various dirt roads to the east of the parcel. Mount Diablo Meridian, Nevada T. 27 N., R. 38 E., Sec. 2, Lots 3, 4, SW 1/4 NW 1/4 , SW 1/4 SE 1/4 ; Sec. 3, E 1/2 SE 1/4 ; Sec. 10, E 1/2 NE 1/4 , NE 1/4 SW 1/4 , W 1/2 SE 1/4 ; Sec. 11, NE 1/4 SW 1/4 ; Sec. 14, SW 1/4 NW 1/4 , NW 1/4 SW 1/4 ; Sec. 15, S 1/2 SE 1/4 ; Sec. 22, NE 1/4 . The area described contains 798.04 acres, more or less in Pershing County. This parcel of public land is proposed for sale at no less than the appraised fair market value

(FMV)of $52,000.00, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a state certified appraiser for the purposes of establishing FMV. None of the parcels are required for any Federal purpose and all parcels have been identified for disposal in the Sonoma-Gerlach Management Framework Plan, approved January 15, 1999. The parcels, therefore, meet the disposal qualification of section 205 of the Federal Land Transaction Facilitation Act of July 25, 2000 (43 U.S.C. 2304) (hereinafter FLTFA). The proceeds from the sale of the land will be deposited into the Federal Land Disposal Account for Nevada pursuant to FLTFA. These lands meet the criteria for sale under 43 CFR 2710.0-3(a)(3), in that disposal

(sale)of the parcel is appropriate because their location or other characteristics make it difficult and uneconomic to manage them as part of the public lands. All of these lands are located in relatively isolated areas of rural Nevada. These lands are either isolated parcels surrounded by private lands or are intermingled with private lands thereby making them difficult to manage for any Federal purpose. Parcel N-66278 consists of three sections intermingled with private lands. Parcels N-77446 and N-66128 consist of fragmented parcels that are surrounded by private lands and have no legal access across those private lands. The land contains no other known public values. The subject parcels have not been identified for transfer to the State or any other local government or nonprofit organization. The parcels will be offered through competitive sale procedures pursuant to 43 CFR 2711.3-1. As stated, both sealed bids and oral bids will be accepted in conducting this sale. Sealed bids must be received by the BLM not later than 4:30 p.m. PDT, July 12, 2007. Sealed bid opening is to begin at 10 a.m. PDT, July 13, 2007. The subject lands proposed for sale will be put up for purchase and sale, at public auction, beginning at 10 a.m. PDT, July 13, 2007. Registration for oral bidding will begin at 8 a.m. PDT, July 13, 2007. Pursuant to 43 CFR 2711.3-1(c), each sealed bid shall be accompanied by a certified check, postal money order, bank draft or cashier's check made payable to the Bureau of Land Management, for not less than 20 percent of the amount of the sealed bid. The highest qualified sealed bid will become the starting bid at the oral auction, provided it is higher than the approved, appraised FMV. If no sealed bids are received, oral bidding will begin at the FMV, as determined by the authorized officer. If any sealed bid presented to BLM prior to the auction is not declared the high-bidder, the money will be returned at the auction upon proof of identification. If the bidder does not attend the auction, the money will be returned according to instructions of the bidder. The highest qualifying bid, whether sealed or oral in excess of the appraised fair market value will be declared the high bid. The apparent high bidder, if an oral bidder, must submit a deposit pursuant to 43 CFR 2711.3-1(d), which is not less than one-fifth (20%) of the apparent high bid, by 2 p.m. PDT, on the day of the sale in the form of cash, personal check, bank draft, cashier's check, money order or any combination thereof, made payable in U.S. dollars to the Bureau of Land Management. Payment must be made at the Winnemucca Field Office, 5100 E. Winnemucca Blvd., Winnemucca, Nevada 89445. This deposit will be forfeited to the BLM if the successful high bidder fails to submit the full bid price to the BLM prior to the expiration of 180 days from the date of sale, as required by 43 CFR 2711.3-1(d). Other deadlines dates for the receipt of payments, and arranging for certain payments to be made by electronic transfer, are specified below. The Environmental Assessment (EA), conducted pursuant to the National Environmental Policy Act, was made available for public review prior to publication of this notice of realty action. The comment period for the EA closed on June 5, 2006. Comments received during the comment period for the EA have been considered and incorporated into the EA and Decision Record. The EA, Number NV-020-06-EA-10, Decision Record, Environmental Site Assessment, map, and approved appraisal report covering the proposed sale, are available at the BLM, Winnemucca Field Office, Winnemucca, Nevada. If the parcels of land are sold, the locatable mineral interests of no known value therein will be sold simultaneously as part of the sale. The unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.2(a). An offer to purchase the parcels at auction will constitute an application for conveyance of the locatable mineral interests. In conjunction with the final payment, the applicant will be required to pay a $50.00 non-refundable filing fee for processing the conveyance of the locatable mineral interests. *Segregation:* Publication of this Notice in the **Federal Register** segregates the subject lands from all appropriations under the public land laws, including the general mining laws, except sale under the Federal Land Policy and Management Act of 1976. The segregation will terminate upon issuance of the patent, or upon publication in the **Federal Register** of a termination of the segregation or May 4, 2009 which ever occurs first. *Terms And Conditions Of Sale:* Upon successful completion of the sale, the patent issued would contain the following numbered reservations, covenants, terms and conditions: 1. Oil, gas, and geothermal resources are reserved on the land sold; permittees, licensees, and lessees retain the right to prospect for, mine, and remove the minerals owned by the United States under applicable law and any regulations that the Secretary of the Interior may prescribe, including all necessary access and exit rights. 2. A right-of-way thereon for ditches and canals constructed by authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 3. A right-of-way authorized under the Act of October 21, 1976, 90 Stat. 2776 (43 U.S.C. 1761) for an access road granted to Humboldt County, its successor or assignees, by right-of-way N-53607 for Parcel N-66278. 4. The parcels are subject to valid existing rights. 5. The purchaser/patentee, by accepting patent, agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractors, or lessees, or a third part arising out of, or in connection with, the patentee's use and/or occupancy of the patented real property resulting in:

(1)Violations of Federal, state, and local laws and regulations that are now, or in the future become, applicable to the real property;

(2)judgments, claims, or demands of any kind assessed against the United States;

(3)costs, expenses, or damages of any kind incurred by the United States;

(4)releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances(s), as defined by Federal or state environmental laws, off, on, into, or under land, property, and other interests of the United States;

(5)other activities by which solids or hazardous substances or wastes, as defined by Federal and state environmental laws are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substances or waster; or

(6)natural resource damages as defined by Federal and state law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. 6. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby given that the above-described lands have been examined and no evidence was found to indicate that any hazardous substances has been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. No warranty of any kind, expressed or implied, is given by the United States as to the title, physical condition or potential uses of the parcels of land proposed for sale, and the conveyance of any such parcel will not be on a contingency basis. It is the buyer's responsibility to be aware of all applicable federal, state, or local government laws, regulations, or policies that may affect the subject lands or their future uses. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Any land lacking access from a public road and highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. The sale will be subject to FLPMA, and BLM land sale and mineral conveyance regulations at 43 CFR Parts 2710 and 2720. Maps, the approved appraisal reports, the environmental assessment

(EA)and other supporting documentation are available at the Winnemucca Field Office, Winnemucca, Nevada. Information is also available on line at *http://www.nv.blm.gov* . The successful bidder must submit the remainder of the full bid price, whether sealed or oral, within 180 calendar days of the competitive sale date in the form of a certified check, money order, bank draft, or cashier's check made payable in U.S. dollars to the Bureau of Land Management. Personal checks will not be accepted. Arrangements for Electronic Fund Transfer

(EFT)to BLM for the balance which is due on or before January 9, 2008, must be made a minimum of 2 weeks prior to the date you wish to make payment. Failure to pay the full bid price within the 180 days will disqualify the apparent high bidder and cause the entire bid deposit to be forfeited to the BLM under 43 CFR 2711.3-1(d). If not sold, the parcels described above in this Notice may be identified for sale at a later date and/or at another location without further legal notice. Federal law requires bidders to be U.S. citizens 18 years of age or older, a corporation subject to the laws of any State or of the United States; a State, State instrumentality, or political subdivision authorized to acquire and own real property, or an entity including, but not limited to, associations or partnerships legally capable of holding property or interests therein under the laws of the State of Nevada. Certification of bidder qualification must accompany the deposit. *Public Comments:* The subject parcels of land will not be offered for sale prior to 60 days after publication of this Notice of Realty Action. For a period until June 18, 2007, interested parties may submit written comments to the BLM Winnemucca Field Office, 5100 East Winnemucca Blvd., Winnemucca, Nevada 89445. Facsimiles, telephone calls, and electronic mails are unacceptable means of notification. Comments including names and street addresses of respondents will be available for public review at the BLM Winnemucca Field Office during regular business hours, except holidays. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment including your personal identifying information may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. Any adverse comments will be reviewed by the Nevada State Director, who may sustain, vacate, or modify this realty action and issue a final determination. In the absence of timely filed objections, this notice of realty action will become the final determination of the Department of the interior. (Authority: 43 CFR 2711.1-2(a) and (c)) Editorial Note: This document was received at the Office of the Federal Register on April 30, 2007. Dated: December 11, 2006. Rodger Bryan, Acting Field Manager, Winnemucca. [FR Doc. E7-8502 Filed 5-3-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before April 21, 2007. Pursuant to section 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by May 21, 2007. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. ARKANSAS Carroll County Green Forest Water Tower, (New Deal Recovery Efforts in Arkansas MPS) SE jct. of S. Springfield St. and E. Second St., Green Forest, 07000470 Columbia County Waldo Water Tower, (New Deal Recovery Efforts in Arkansas MPS) E. Main St. W of the N. Skimmer and E. Main intersection, Waldo, 07000472 Howard County Mineral Springs Waterworks, (New Deal Recovery Efforts in Arkansas MPS) S. of W. Runnels and S. Hall interesection, Mineral Springs, 07000473 Jefferson County St. Louis Southwestern Railway (Cotton Belt Route) Relief Train, 1700 Port Rd., Pine Bluff, 07000471 Washington County Beely-Johnson American Legion Post 139, (New Deal Recovery Efforts in Arkansas MPS) 200 N. Spring St., Springdale, 07000474 ILLINOIS Du Page County Coonley, Avery, School, 1400 Maple Ave., Downers Grove, 07000477 La Salle County Westclox Manufacturing Plant Historic District, 300-315 5th St., Peru, 07000475 Williamson County Williamson County Jail, 105 S. Van Buren St., Marion, 07000476 MICHIGAN Ingham County Prudden Wheel Company Building, 707 Prudden St., Lansing, 07000478 Iron County Chicago, Milwaukee and Saint Paul Railway Iron River Depot, (Iron County MRA) 50 Fourth Ave., Iron, 07000479 MISSOURI St. Francois County East Columbia Historic District (Boundary Increase), 202 E. Columbia St., Farmington, 07000482 NEW YORK Delaware County Burns Family Farm, Crescent Valley Rd., Bovina, 07000486 Dutchess County Warren Maonic Lodge #32, 1144 Centre Rd., Schultzville, 07000491 Erie County Parke Apartments, 33 Gates Circle, Buffalo, 07000492 Kings County House at 216-264 Ovington Ave., 216-264 Ovington Ave., Brooklyn, 07000488 Saitta House, 1135 84th St., Brooklyn, 07000480 Livingston County Dansville Downtown Historic District, Main St., Ossian St., Dansville, 07000485 New York County Ganesvoort Market Historic District, Roughly bounded by W 16th St., Ninth Ave., and Hudston St., Gansevoort St.; West St. and Eleventh Ave., New York, 07000487 House at 20 W. 16th St., 20 W. 16th St., New York, 07000484 St. Luke's Evangelical Lutheran Church, 208 W. 46th St., New York, 07000483 Niagara County Bacon-Merchant-Moss House, (Stone Buildings of Lockport, New York MPS) 32 Cottage St., Lockport, 07000481 Carter, John, Farmstead, 206 Lake Rd., Youngstown, 07000490 Walter, Peter D., House, (Stone Buildings of Lockport, New York MPS) 127 Ontario St., Lockport, 07000489 OREGON Deschutes County Goodwillie—Allen—Rademacher House, 875 NW Brooks St., Bend, 07000493 TEXAS Colorado County Eagle Lake commercial Historic District, 100-416 E. Main St., 101-108 W. Main St., 101-124 Commerce St., 101-201 N. McCarty Ave., 100-203 E. Post Office St., Eagle Lake, 07000494 Matagorda County South Side Residential Historic District, Roughly bounded by Ave. F, 2nd St., Ave. G, Ave. K, 4th St., Ave J, 5th St., 4th St., Bay City, 07000496 McLennan County Castle Heights Historic District, Roughly bounded by Waco Dr., Oriental Rd., Franklin Ave. and 39th St., Waco, 07000495 VERMONT Chittenden County LeFarriere House, (Burlington, Vermont MPS AD) 171-173 Intervale Ave., Burlington, 07000499 Mintzer House, (Burlington, Vermont MPS AD) 175-177 Intervale Ave., Burlington, 07000498 Normand House, (Burlington, Vermont MPS AD) 163-165, 165 rear Intervale Ave., Burlington, 07000497 WISCONSIN Pierce County Freeman, Roscius S. and Lydia R., House, 220 N. Third St., River Falls, 07000501 Washington County Messer-Mayer Mill, 4399 Pleasant Hill Rd., Richfield, 07000500 [FR Doc. E7-8588 Filed 5-3-07; 8:45 am] BILLING CODE 4312-51-P DEPARTMENT OF LABOR Office of the Secretary Bureau of International Labor Affairs; Labor Advisory Committee for Trade Negotiations and Trade Policy ACTION: Meeting notice. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given of a meeting of the Labor Advisory Committee for Trade Negotiation and Trade Policy. Date, time, place: June 22, 2007; 10 a.m.-12 Noon; USTR Annex Building, Rooms 1 and 2, 1724 F St., NW., Washington, DC. *Purpose:* The meeting will include a review and discussion of current issues which influence U.S. trade policy. Potential U.S. negotiating objectives and bargaining positions in current and anticipated trade negotiations will be discussed. Pursuant to 19 U.S.C. 2155(f) it has been determined that the meeting will be concerned with matters the disclosure of which would seriously compromise the Government's negotiating objectives or bargaining positions. Accordingly, the meeting will be closed to the public. See section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. app., and section (c)(9)(B) of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(9) (B). FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, Office of Trade and Labor Affairs; Phone:

(202)693-4887. Signed at Washington, DC, the 1st day of May 2007. James Carter, Deputy Undersecretary, International Labor Affairs. [FR Doc. E7-8526 Filed 5-3-07; 8:45 am] BILLING CODE 4510-28-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0035] Crawler Locomotive and Truck Cranes; Extension of the Office of Management and Budget's

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Crawler Locomotive and Truck Cranes (29 CFR 1910.180). DATES: Comments must be submitted (postmarked, sent, or received) by July 3, 2007. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0035, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0035). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov* . For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION. *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The Standard specifies several paperwork requirements. The following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose of each of these requirements is to prevent employees from using unsafe cranes and ropes, thereby reducing their risk of death or serious injury caused by a crane or rope failure during material handling.

(A)Inspection of and Certification Records of Cranes (§ 1910.180(d)(4) and (d)(6)) Paragraph 1910.180(d) specifies that employers must prepare a written record to certify that the monthly inspection of critical items in use on cranes (such as brakes, crane hooks, and ropes) has been performed. The certification record must include the inspection date, the signature of the person who conducted the inspection, and the serial number (or other identifier) of the inspected crane. Employers must keep the certificate readily available. The certification record provides employers, employees, and OSHA compliance officers with assurance that critical items on cranes have been inspected, and that the equipment is in good operating condition so that the crane and rope will not fail during material handling. These records also enable OSHA to determine that an employer is complying with the Standard.

(B)Rated Load Tests (§ 1910.180(e)(2)) This provision requires employers to make available written reports of load-rating tests showing test procedures and confirming the adequacy of repairs or alterations, and to make readily available any rerating test reports. These reports inform the employer, employees, and OSHA compliance officers of a crane's lifting limitations, and provide information to crane operators to prevent them from exceeding these limits and, thereby causing crane failure.

(C)Inspection of and Certification Records for Ropes (§ 1910.180(g)(1) and (g)(2)(ii)) Paragraph (g)(1) requires employers to thoroughly inspect any rope in use at least once a month. The authorized person conducting the inspection must observe any deterioration resulting in appreciable loss of original strength and determine whether or not the condition is hazardous. Before reusing a rope that has not been used for at least a month because the crane housing the rope is shut down or in storage, paragraph (g)(2)(ii) specifies that employers must have an appointed or authorized person inspect the rope for all types of deterioration. Employers must prepare a certification record for the inspections required by paragraphs (g)(1) and (g)(2)(ii). These certification records must include the inspection date, the signature of the person conducting the inspection, and the identifier for the inspected rope; paragraph (g)(1) states that employers must keep the certificates “on file where readily available,” while paragraph (g)(2)(ii) requires that certificates “be * * * kept readily available.” The certification records assure employers, employees, and OSHA that the inspected ropes are in good condition.

(D)Disclosure of Crane and Rope Inspection Certification Records The disclosure of certification records provide the most efficient means for OSHA compliance officers to determine that an employer is complying with the Standard. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Crawler Locomotive and Truck Cranes (29 CFR 1910.180). The Agency is requesting to retain its current burden hour total of 174,062 associated with this Standard. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Crawler Locomotive and Truck Cranes (29 CFR 1910.180). *OMB Number:* 1218-0221. *Affected Public:* Business or other for-profit. *Number of Respondents:* 20,000. *Frequency:* On occasion; Monthly, Semi-annually. *Average Time per Response:* Varies from 5 minutes (.08 hour) to disclose certification records to 1 hour to conduct rated load tests. *Estimated Total Burden Hours:* 174,062. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:

(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0035). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Signed at Washington, DC, on April 30, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-8569 Filed 5-3-07; 8:45 am] BILLING CODE 4510-26-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Extension. 2. *The title of the information collection:* 10 CFR Part 11—Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material. 3. *The form number if applicable:* N/A. 4. *How often the collection is required:* On occasion. New applications, certifications, and amendments may be submitted at any time. Applications for renewal are submitted every 5 years. 5. *Who will be required or asked to report:* Employees (including applicants for employment), contractors and consultants of NRC licensees and contractors whose activities involve access to or control over special nuclear material at either fixed sites or in transportation activities. 6. *An estimate of the number of annual responses:* 1. 7. *The estimated number of annual respondents:* 5 NRC licensees. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 1.25 hours (approximately 0.25 hours annually per response). 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* N/A. 10. *Abstract:* NRC regulations in 10 CFR Part 11 establish requirements for access to special nuclear material, and the criteria and procedures for resolving questions concerning the eligibility of individuals to receive special nuclear material access authorization. Personal history information which is submitted on applicants for relevant jobs is provided to the Office of Personnel Management (OPM), which conducts investigations. NRC reviews the results of these investigations and makes determinations of the eligibility of the applicants for access authorization. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by June 4, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Margaret A. Malanoski, Office of Information and Regulatory Affairs (3150-0062), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Margaret_A._Malanoski@omb.eop.gov* or submitted by telephone at

(202)395-3122. The NRC Clearance Officer is Margaret A. Janney,

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Extension. 2. *The title of the information collection:* 10 CFR Part 25—Access Authorization for Licensee Personnel. 3. *The form number if applicable:* N/A.. 4. *How often the collection is required:* On occasion. 5. *Who will be required or asked to report:* NRC-regulated facilities and other organizations requiring access to NRC-classified information. 6. An estimate of the number of annual responses 1,594 {1,516 Total Responses for reporting + 78 Recordkeepers}. 7. *The estimated number of annual respondents:* 78. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 417 hours (371 hours for reporting and 46 hours for recordkeeping) or approximately .26 hours per response. 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* N/A. 10. Abstract: NRC-regulated facilities and other organizations are required to provide information and maintain records to ensure that an adequate level of protection is provided NRC-classified information and material. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by June 4, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Margaret A. Malanoski, Office of Information and Regulatory Affairs (3150-0046), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Margaret_A._Malanoski@omb.eop.gov* or submitted by telephone at

(202)395-3122. The NRC Clearance Officer is Margaret A. Janney,

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Revision. 2. *The title of the information collection:* 10 CFR Part 95—Facility Security Clearance and Safeguarding of National Security Information and Restricted Data. 3. *The form number if applicable:* N/A. 4. *How often the collection is required:* On occasion. 5. *Who will be required or asked to report:* NRC-regulated facilities and other organizations requiring access to NRC-classified information. 6. *An estimate of the number of annual responses:* 308 responses (298 plus 10 recordkeepers). 7. *The estimated number of annual respondents:* 16. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 954 hours (805 hours reporting [3 hrs per response] and 149 hours recordkeeping [15 hrs per recordkeeper]). 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* N/A. 10. *Abstract:* NRC-regulated facilities and other organizations are required to provide information and maintain records to ensure that an adequate level of protection is provided to NRC-classified information and material. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by June 4, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Margaret A. Malanoski, *Office of Information and Regulatory Affairs (3150-0047), NEOB-10202, Office of Management and Budget, Washington, DC 20503* . Comments can also be e-mailed to *Margaret_A._Malanoski@omb.eop.gov* or submitted by telephone at

(202)395-3122. The NRC Clearance Officer is Margaret A. Janney,

(301)415-7245. Dated at Rockville, Maryland, this 26th day of April, 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-8559 Filed 5-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-255-LT; ASLBP No. 07-853-01-LT-BD01] Consumers Energy Company, Nuclear Management Company, LLC, Entergy Nuclear Palisades, LLC, and Entergy Nuclear Operations, INC.; Designation of Presiding Officer Pursuant to delegation by the Commission, *see* 37 FR 28,710 (Dec. 29, 1972), and the Commission's regulations, *see* 10 CFR 2.313(a)(2), 2.318, 2.1300, and 2.1319(a), notice is hereby given that a member of the Atomic Safety and Licensing Board Panel is being designated as Presiding Officer in the following proceeding in compliance with the Commission's directions in its Memorandum and Order dated April 26, 2007 (CLI-07-18): Consumers Energy Company, Nuclear Management Company, LLC, Entergy Nuclear Palisades, LLC, and Entergy Nuclear Operations, Inc. (Palisades Nuclear Power Plant) This proceeding, which will be conducted pursuant to 10 CFR Part 2 Subpart M of the Commission's Regulations, “Procedures for Hearings on License Transfer Applications,” concerns a Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment and Opportunity for a Hearing published in the **Federal Register** at 71 FR 66,805 (Nov. 16, 2006). The Commission is considering issuing an order approving the transfer of Facility Operating License No. DPR-20 for Palisades Nuclear Plant currently held by Consumers Energy Company and Nuclear Management Company, LLC to Entergy Nuclear Palisades, LLC and Entergy Nuclear Operations, Inc. As relevant here, in CLI-07-18 (slip op. at 4), the Commission determined that petitioners Van Buren County and Covert Township have standing in this proceeding. The Commission deferred ruling on the admissibility of the contentions proffered by the County and the Township, but it granted their request for access to proprietary information redacted by the applicants from the license transfer application ( *id.* at 14). The Commission directed the applicants to provide the County and Township access to the unredacted version of the application pursuant to a confidentiality agreement ( *id.* at 16-17). Unless and until directed otherwise by the Commission, the Presiding Officer's responsibilities shall be limited to resolving any disputes regarding the County's and Township's access to proprietary information in the application ( *id.* at 17, 18). The Presiding Officer is: Administrative Judge Michael C. Farrar, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials relating to disputes regarding the County's and Township's access to proprietary information in the application shall be filed with the Presiding Officer in accordance with 10 CFR 2.302. Issued at Rockville, Maryland, this 30th day of April 2007. E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. . [FR Doc. E7-8549 Filed 5-3-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-07-074] In the Matter of All Research and Test Reactor Licensees Identified in Attachment 1; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to All Research and Test Reactor Licensees Identified in Attachment 1 (Effective Immediately) I The Licensees identified in Attachment 1 1 to this Order hold licenses as research and test reactors

(RTRs)issued in accordance with the Atomic Energy Act

(AEA)of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission). On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation

(FBI)identification and criminal history records check of any person who is permitted unescorted access to a utilization facility, which includes the RTRs listed in Attachment 1 to this Order. 1 Attachment 1 contains sensitive information and will not be released to the public. II Prior to September 11, 2001, the Commission established physical protection requirements applicable to RTRs, which included storing and using the special nuclear material in controlled access areas, monitoring the controlled access areas for unauthorized activities, and ensuring a response to all unauthorized activities. Subsequent to the terrorist events of September 11, 2001, the NRC took various actions to ensure the acceptability of individuals for unescorted access to RTRs. RTRs were advised to consider taking additional precautions including observation of activities within their facility, and licensee precautions were evaluated at specific RTR sites in the remainder of 2001. From 2002 through 2004, RTRs implemented compensatory measures (CMs), which included site-specific background investigations or checks. Additionally, in January 2003, NRC sent the names of and information on all individuals with unescorted access at RTRs to U.S. intelligence agencies for review. This review found no issues. Individuals with unescorted access since January 2003 have undergone site-specific background investigations or checks, which were implemented as part of CMs implemented at RTRs in response to NRC initiatives. The RTR site-specific background investigations and checks were established using a graded approach, considering the specific configuration, uses and radiological risk of each facility, to provide acceptable protection of the nuclear material and any associated radioactive materials. The background investigations and checks at a minimum verify identity, nationality, immigration status (if applicable), and determine whether the individual demonstrates a pattern of trustworthy and reliable behavior through facility-specific verification of various aspects of a person's background. These verifications include consideration of educational, military, employment and criminal histories. With regard to criminal history, some of the RTR facilities use FBI fingerprint-based criminal history records checks, while others use either State fingerprint-based criminal history records checks or criminal history records checks which do not include fingerprints. These background investigations or checks, through a combination of various elements, have provided additional assurance for the protection of the specific facility from potential radiological risk from insider threats. Further, RTRs are required by Orders dated September 29, 2006, to have FBI fingerprint-based identification and criminal history records checks for persons allowed access to Safeguards Information. 2 These individuals are those who are allowed access to the details of security plans or procedures at the specific facility and, therefore, have actual knowledge and ability to affect the facility security. Therefore, those Orders provide additional assurance that security information and associated RTRs facilities are adequately protected. 2 “Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately),” (EA-06-203) dated September 29, 2006, (71 FR 59140, Oct. 6, 2006) (ML061510049). Previously, AEA Section 149 only required fingerprinting and criminal history records checks of persons seeking unescorted access to facilities licensed under Sections 103 and 104b of the AEA, e.g., power reactors. Power reactors are required by 10 CFR 73.57 to have fingerprint-based criminal history records checks performed as part of granting unescorted access to the facility. RTRs have not been subject to this requirement, and have only been required to control access to authorized persons and screen those persons for access in accordance with their security plans or procedures. Congress left intact the Commission's authority to relieve persons by rule from the fingerprinting, identification, and criminal history records check requirements of AEA Section 149 “if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public.” 3 Currently, the NRC has no rule that would provide relief from or require the implementation of AEA section 149 for fingerprinting for unescorted access to RTRs. 3 AEA § 149.b. The NRC is planning a rulemaking to reexamine the extent of fingerprint-based criminal history records checks for unescorted access to RTRs that it finds to be necessary to ensure adequate protection of the public health and safety and common defense and security. In the interim, the NRC has decided to implement this requirement, in part, prior to the completion of the rulemaking to provide acceptable, additional assurance that an individual with unescorted access to a RTR facility will not adversely impact the common defense and security or the public health and safety. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing the FBI criminal history records check requirements, as set forth in this Order, including Attachment 2 to this Order, on all Licensees identified in Attachment 1 to this Order. These requirements will remain in effect until the Commission determines otherwise. The AEA requires fingerprint-based criminal history records checks at utilization facilities. Section 11cc of The AEA defines utilization facility as

(1)any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or

(2)any important component part especially designed for such equipment or device as determined by the Commission. The Commission's rules, in 10 CFR 50.2, define a “[u]tilization facility” as “any nuclear reactor other than one designed or used primarily for the formation of plutonium or U-233.” Further, “Nuclear reactor” is defined as “an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.” These definitions include the RTRs listed in Attachment 1. For purposes of this Order, an individual who is granted “unescorted access” could exercise physical control over the special nuclear material possessed by the licensee, which would be of significance to the common defense and security or would adversely affect the health and safety of the public, such that the special nuclear material could be used or removed in an unauthorized manner without detection, assessment, or response by systems or persons designated to detect, assess or respond to such unauthorized use or removal. At RTRs, such individuals include those with the capability and knowledge to use the special nuclear material in the utilization facility or remove the special nuclear material from the utilization facility in an unauthorized manner without detection, assessment and response by the physical protection system or related provisions or persons. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 53, 104, 149, 161b, 161i, 161o, 182, and 186 of the AEA of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 50 and 10 CFR Part 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS ORDER. A. All licensees identified in Attachment 1 to this Order shall comply with the following requirements: 1. The Licensee shall, within twenty

(20)days of the date of this Order, establish and maintain a fingerprinting program for unescorted access that meets the requirements of Attachment 2 to this Order. 2. The Licensee shall, in writing, within twenty

(20)days of the date of this Order, notify the Commission

(1)of receipt and confirmation that compliance with the Order will be achieved or

(2)if it is unable to comply with any of the requirements described in Attachment 2, or

(3)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. B. In accordance with the NRC's “Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately)” (EA-06-203) issued on September 29, 2006, (71 FR 59140, October 6, 2006), only the NRC-approved reviewing official shall review results from a FBI criminal history records check. In accordance with all other applicable requirements and the evaluation of the results of the FBI criminal history records check as specified in this Order, the reviewing official shall determine whether an individual may have, or continue to have, unescorted access. No person may have access to Safeguards Information or unescorted access to any utilization facility, or radioactive material or property subject to regulation by the NRC if the NRC has determined, in accordance with its administrative review process based on fingerprinting and an FBI identification and criminal history records check, either that the person may not have access to SGI or that the person may not have unescorted access to a utilization facility, or radioactive material or property subject to regulation by the NRC. C. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 2 to this Order. Individuals who have been fingerprinted and granted access to SGI by the NRC-approved reviewing official in accordance with EA-06-203 (September 29, 2006), do not need to be fingerprinted again for purposes of authorizing unescorted access. In addition, individuals who have a favorably decided U.S. Government criminal history records check within the last five

(5)years, or who have an active Federal security clearance have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again, provided in each case that the appropriate documentation is made available to the Licensee's reviewing official. However, all other applicable requirements must be satisfied to allow any individual unescorted access to the facility. D. The Licensee may allow any individual who currently has unescorted access, in accordance with applicable requirements, to continue to have unescorted access, pending a decision by the reviewing official (based on fingerprinting and a FBI criminal history records check) that the individual may continue to have unescorted access. The licensee shall complete implementation of the requirements of Attachment 2 to this Order by July 30, 2007. Licensee responses to Condition A.2. shall be submitted to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555. The Director, Office of Nuclear Reactor Regulation, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Material Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty

(20)days from the date of this Order without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires, if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER. Dated this 30th day of April 2007. For the Nuclear Regulatory Commission. James T. Wiggins, Acting Director, Office of Nuclear Reactor Regulation. [FR Doc. 07-2207 Filed 5-3-07; 8:45 am]

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