Notices. Notice

21,178 words·~96 min read·/register/2007/06/13/07-2920

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BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0262; FRL-8078-9] Federal Plan for Certification of Restricted Use Pesticide Applicators in Navajo Indian Country; Notice of Implementation; and Announcement of Availability of Form to Request Pesticide Applicator Certification in Navajo Indian Country AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In the **Federal Register** of February 3, 2006, EPA issued the notice of intent to implement a federal program to certify applicators of restricted use pesticides

(RUPs)in Navajo Indian Country. The program will be implemented by EPA Region 9, located in San Francisco, CA. In the notice, EPA solicited comments from the public on EPA's intent to implement a federal certification plan in Navajo Indian Country and on its proposed Federal Plan for Certification of Restricted Use Pesticides in Navajo Indian Country (federal plan). No comments were received and EPA hereby implements the federal plan. Applicators who currently purchase and/or apply RUPs in Navajo Indian Country will have until October 11, 2007 to become certified by EPA. After that date, applicators of RUPs must hold the appropriate EPA certification to purchase and/or apply in Navajo Indian Country. Failure to hold the appropriate certification after October 11, 2007 may result in federal enforcement action in accordance with section 12(a)(2)(F) of FIFRA. This notice also serves to announce the form (EPA Form 8500-17-N) EPA will use for pesticide applicators seeking certification in Navajo Indian Country. Pesticide applicators seeking certification to use RUPs in Navajo Indian Country must complete this form and submit it to EPA Region 9 at the location listed under ADDRESSES . ADDRESSES: Persons should submit EPA Form 8500-17-N to: Pesticide Applicator Certification Program, Environmental Protection Agency, Region 9, 75 Hawthorne St., (CED-5), San Francisco, CA 94105-3901. EPA Form 8500-17-N is available from the sources identified under Unit I. It may also be printed from EPA's website at *http://www.epa.gov/oppfead1/safety/applicators/applicators.htm* . FOR FURTHER INFORMATION CONTACT: Fabiola Estrada, Environmental Protection Agency, Region 9, 75 Hawthorne St., (CED-5), San Francisco, CA 94105-3901; telephone number:

(415)972-3493; e-mail address: *Estrada.fabiola@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information The final federal plan, related documents, and the application form (EPA Form 8500-17-N) are available: 1. *By mail* : Fabiola Estrada, Environmental Protection Agency, Region 9, 75 Hawthorne St., (CED-5), San Francisco, CA 94105-3901; telephone number:

(415)947-4212; e-mail address: *Estrada.fabiola@epa.gov* . 2. *In person* : Copies of these documents may be examined at the following locations from 9 a.m. to noon and 1 p.m. to 4 p.m., Monday through Thursday, excluding legal holidays. i. United States Environmental Protection Agency, Region 9 Library, 75 Hawthorne St., (CED-5), San Francisco, CA 94105-3901; telephone number:

(415)947-4406; e-mail address: *library-region9@epa.gov* . ii. Navajo Nation Environmental Protection Agency, Pesticide Program, Window Rock Blvd., Building # F004-103 (ATD), Window Rock, AZ 86515. Contact: Glenna Lee, telephone number:

(928)871-7815, e-mail: *glennalee@yahoo.com.* II. Does this Action Apply to Me? This notice applies to individuals and businesses who are seeking certification to apply RUPs as defined by EPA in Navajo Indian Country. This action may, however, be of interest to those involved in agriculture and anyone involved with the distribution and application of pesticides. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . III. What Action is the Agency Taking? EPA is implementing the Federal Plan for Certification of Restricted Use Pesticide Applicators in Navajo Indian Country. There were no public comments submitted regarding the **Federal Register** notice of February 3, 2006 (70 FR 5838) (FRL-7682-4). List of Subjects Environmental protection, Administrative practice and procedure, Agricultural commodities, Certification, Pesticides and pests. Dated: June 4, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances. [FR Doc. E7-11322 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0414; FRL-8136-2] 2-Octyl-3 (2H)-isothiazolone (Octhilinone) Risk Assessment; Notice of Availability and Risk Reduction Options AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's risk assessments, and related documents for the pesticide 2-octyl-3 (2H)-isothiazolone (also known as octhilinone), and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision

(RED)for octhilinone through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before July 13, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2007-0414, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0414. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: K. Avivah Jakob, Antimicrobials Division (7501P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-1328; fax number:

(703)308-8481; e-mail address: * jakob.kathryn@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. * Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. * Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is releasing for public comment its human health and environmental fate and effects risk assessment(s) and related documents for octhilinone, and soliciting public comment on risk management ideas or proposals. Octhilinone is currently registered as an active ingredient and is used as an industrial mildewcide, microbiocide, fungicide and bacteriocide. EPA developed the risk assessment and risk characterization for octhilinone through a modified version of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The primary use sites for octhilinone are as a materials preservative, as an industrial mildewcide for cooling tower and air washer water systems, and as a wood preservative. Some examples of materials that can contain octhilinone include fabrics and textiles (e.g., furniture, auto-upholstery, footwear, carpet, carpet- backing, tents, awnings, canvas, linens, wall and window coverings, dust towels, bedding, mattresses, pet bedding, poll liners, automotive trim, roof liners, marine upholstery, pond liners, synthetic brooms, mops, air filter media); coatings (e.g., walls, paints, plasters, stuccos); sealants (e.g., grouts, caulks, joint cements); adhesives (e.g., wallpaper pastes, gelatin and starch based); rubber and plastics (e.g., latex, acrylic, styrene, butadiene, polyvinyl chloride, polymethane, vinyl, foams); leather preservation (e.g., wet processes). Octhilinone is also used for metalworking fluid preservation, hydraulic fluid preservation, and industrial process and water systems including air washer water and flow-thru cooling towers. As a wood preservative, octhilinone is used as an antisapstain drench to debarked logs. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessment for octhilinone. Such comments and input could address, for example, the availability of additional data to further refine the risk assessments, such as wood leaching data, environmental runoff monitoring data, soil Koc values and outstanding eco-toxicity data, which are all needed by the Agency to conduct an antisapstain wood treatment risk assessment; and confirmatory worker exposure data, or could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide. Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for octhilinone. Risks of concern associated with the use of octhilinone are: Occupational handler exposure and risks of concern resulting from plastics and vinyl preservation (via liquid pump and liquid pour), paint preservation (via liquid pump and liquid pour), wood preservation (via mixing, loading, high pressure/high volume spraying), professional painter application (via airless sprayer) and use of treated paint; Residential application and post-application risks of concern resulting from treated paint, treated carpet, treated vinyl, treated clothing and treated mattresses; and, Residential aggregate exposure and risks of concern resulting from treated fabrics, clothing and polymers. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to octhilinone, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For octhilinone, a modified, 4-Phase process with one comment period and ample opportunity for public consultation seems appropriate in view of its refined risk assessment. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may lengthen the process and include a second comment period, as needed. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for octhilinone. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product-specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests, Antimicrobial. Dated: June 7, 2007. Frank Sanders, Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E7-11416 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-1002; FRL-8134-1] Antimycin A; Reregistration Eligibility Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Reregistration Eligibility Decision

(RED)for the pesticide antimycin A and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the antimycin A docket. Antimycin A is a restricted use pesticide applied directly to water - primarily by Federal and state agencies - to eliminate invasive or unwanted fish species. EPA has reviewed antimycin A through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before August 13, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-1002, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-1002. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)603-0523; fax number:

(703)308-7070; e-mail address: *wormell.lance@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(RED)for the pesticide, antimycin A under section 4(g)(2)(A) of FIFRA. Antimycin A is a restricted use pesticide applied directly to water - primarily by Federal and state agencies - to eliminate invasive or unwanted fish species. EPA has determined that the data base is adequate to support a reregistration decision and that products containing antimycin A are eligible for reregistration, provided the risks are mitigated in the manner described in the RED. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing antimycin A. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, antimycin A was reviewed through the modified 4-Phase process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for antimycin A. The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. The Agency is issuing the antimycin A RED for public comment. This comment period is intended to provide an additional opportunity for public input and a mechanism for initiating any necessary amendments to the RED. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for antimycin A. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Docket and regulations.gov. If any comment significantly affects the document, EPA also will publish an amendment to the RED in the **Federal Register** . In the absence of substantive comments requiring changes, the antimycin A RED will be implemented as it is now presented. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration, before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: June 6, 2007. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-11291 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0283; FRL-8132-8] Nitrapyrin; Notice of Receipt of Request to Voluntarily Cancel Nitrapyrin Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily cancel the registration of a product containing the pesticide nitrapyrin. Nitrapyrin is used to delay nitrification of ammonia and urea nitrogen fertilizer compositions in the soil by controlling the nitrification process. The request would terminate one of three remaining nitrapyrin end-use products registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request within this period. Upon acceptance of this request, any sale, distribution, or use of the product listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before July 13, 2007. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2004-0283, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2004-0283. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Jude Andreasen, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9342; fax number:

(703)308-7070; e-mail address: *andreasen.jude@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background on the Receipt of Requests to Cancel Registrations This notice announces receipt by EPA of a written request dated April 13, 2007 from Dow AgroSciences, one of two registrants of nitrapyrin, to cancel one nitrapyrin product registration. Nitrapyrin is a nitrification inhibitor. A list of the affected product is provided in Table 1. There are two other end-use nytrapyrin products registered in the United States. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from a registrant to cancel one nitrapyrin product registration. The affected product and the registrant making the request are identified in Table 1 and Table 2 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. Dow AgroSciences, a nitrapyrin registrant, in a letter dated April 26, 2007, has requested that EPA waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed request. Unless the request is withdrawn by the registrant within 30 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued canceling the affected registration. **Table 1.— Nitrapyrin Product Registration with Pending Requests for Cancellation** Registration No. Product name Company 62719-019 N-Serve 24E Dow AgroSciences Table 2 of this unit includes the name and address of record for the registrant of the product listed in Table 1 of this unit. **Table 2—Registrant Requesting Voluntary Cancellation** EPA Company No. Company name and address 62719 Dow AgroSciences 9330 Zionsville Road Indianapolis, IN 46248-1054 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Nitrapyrin Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked before July 13, 2007. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. In any order issued in response to this request for cancellation of a product registration, EPA proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1: The registrant will be allowed to sell and distribute the subject products for two years from the date that the cancellations are made final. In addition, existing stocks of nitrapyrin N-Serve 24E may be sold or used until they are depleted. If the request for voluntary cancellation is granted as discussed above, the Agency intends to issue a cancellation order that will allow persons other than the registrant to continue to sell and/or use existing stocks of cancelled products until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. The order will specifically prohibit any use of existing stocks that is not consistent with such previously approved labeling. If, as the Agency currently intends, the final cancellation order contains the existing stocks provision just described, the order will be sent only to the affected registrants of the cancelled products. If the Agency determines that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will publish the cancellation order in the **Federal Register** . List of Subjects Environmental protection, Pesticides and pests. Dated: May 30, 2007. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-11210 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8325-9] Final NPDES General Permits for Small Municipal Separate Storm Sewer Systems (sMS4s) in New Mexico, Indian Country Lands in New Mexico and Indian Country Lands in Oklahoma; Minor Revisions and Corrections AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final NPDES General Permits and minor revisions and corrections. SUMMARY: EPA Region 6 is announcing issuance of final National Pollutant Discharge Elimination System (NPDES) general permits for storm water discharges from small municipal separate storm sewer systems (sMS4s) located in the State of New Mexico (NMR040000), Indian Country Lands in New Mexico (NMR04000I), and Indian Country Lands in Oklahoma (OKR04000I). Hereinafter, the term “permit” will be used to refer collectively to all three general permits. A document containing the Agency's responses to public comments on the proposed permit is available. The permit will authorize the discharges from sMS4s in accordance with the terms and conditions described therein. This notice also revises the effective and expiration dates of the permit, as well as the Notice of Intent deadline, and announces minor revisions and corrections to the final permit and supporting documents. DATES: Following 30-day notice and comment periods on the draft permit and a supplemental notice containing revisions to the draft permit, notice of the final permit was originally published in New Mexico and Oklahoma newspapers in October 2006, with a stated effective date of January 1, 2007. The newspaper notices stated that NOIs for coverage under the final permit were due to EPA by April 1, 2007. Due to unforeseen delays in noticing the final permit in the **Federal Register** , EPA is through today's notice revising both the effective date of the final permit and the deadline for filing NOIs. The revised effective date for the general permit is July 1, 2007, and NOIs to be covered will be due October 1, 2007. The revised expiration date of the permit is June 30, 2012. In accordance with 40 CFR 23.2, this action is considered issued for purposes of judicial review as of 1 p.m. eastern daylight time (e.d.t.) on June 27, 2007. Under section 509(b)(1) of the Clean Water Act

(CWA)and 40 CFR 124.19, judicial review of the Agency's actions relating to the issuance of an NPDES general permit is available in the United States Court of Appeals within 120 days after the decision is final for the purposes of judicial review. Under CWA section 509(b)(2), the final permit may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements. ADDRESSES: The administrative record is available for inspection and copying at the EPA Region 6 offices at 1445 Ross Ave., Dallas, Texas between 9 a.m. and 4 p.m., Monday-Friday, excluding legal holidays. Please contact Ms. Diane Smith at

(214)665-2145 to schedule a time to review or copy documents. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT: Additional information concerning the final permit may be obtained from Ms. Diane Smith, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone

(214)665-2145. The final general permit, Response to Comments document, draft permit fact sheet, supplemental proposal on the draft permit, and other supporting information and guidance are available online via *http://www.epa.gov/region6/6wq/npdes/sw/sms4/index.htm.* SUPPLEMENTARY INFORMATION: The following fact sheet provides background information and explanation for today's notice of the final sMS4 general permit issuance, including a summary Response to Comments regarding comments on the draft permit and changes made to the final permit. Additional information on the statutory and regulatory basis for the permit are found in the fact sheet for the proposed permit, the supplemental proposal on the draft permit, the **Federal Register** notices on the draft permit and supplemental proposal, and the response to comments documents referenced above. Today's notice also makes certain revisions and minor corrections/clarifications to the response to comments document and the permit. I. Background In the 1987 amendments to the CWA, Congress established a phased and tiered approach for addressing pollutants in point source storm water discharges (CWA § 402(p)). Phase I of the NPDES storm water program included requirements for large and medium municipal separate storm systems

(MS4s)(55 FR 47990) and Phase II included requirements for small MS4s (64 FR 68722). Today's final sMS4 general permit covers storm water discharges from MS4s meeting the definition of a “small municipal separate storm sewer system” at 40 CFR 122.26(b)(16) and any designated under 40 CFR 122.32(a)(1) or 40 CFR 122.32(a)(2). A MS4 consists of a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that collects storm water; is owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA; and discharges to waters of the United States. A sMS4 typically serves a population of less than 100,000. Only those sMS4s located in a Census-defined Urbanized Area or having been designated by the Director are required to apply for permits (see 40 CFR 122.32). Maps of Urbanized Areas and lists of cities and counties within them are available online at *http://cfpub.epa.gov/npdes/stormwater/urbanmaps.cfm.* Subsequent to EPA Region 6's proposal of the general permit for sMS4s on September 9, 2003, the U.S. Court of Appeals for the Ninth Circuit denied EPA's petition for rehearing in litigation over EPA's storm water Phase II regulations. *Environmental Defense Center, et al.* v. *EPA* , No. 70014 & consolidated cases (9th Cir., Sept. 15, 2003). Plaintiffs in that litigation challenged the Phase II NPDES storm water regulations issued by EPA pursuant to Clean Water Act

(CWA)Section 402(p)(6). Among other things, the Phase II regulations require NPDES permits for storm water discharges from certain MS4s for which NPDES permits were not required under CWA Section 402(p)(2) and the Phase I NPDES storm water regulations. The regulations also require the newly regulated MS4s to develop, implement, and enforce a storm water management program containing, amongst other things, best management practices

(BMPs)identified by the discharger. The regulations authorize the use of general permits and require that these BMPs (as well as measurable goals associated with these BMPs) be identified in the NOI filed by the MS4 in seeking authorization under a general permit. Relying on the “traditional” general permit model, the Agency did not require NOIs to be reviewed by the Agency, made available to the public for review and comment, or to be subject to public hearings. The Ninth Circuit held that EPA's failure to address these issues in establishing NOI requirements violated various provisions of CWA Section 402, and remanded the Phase II regulations on three grounds related to the use of NPDES general permits to authorize discharges from sMS4s:

(1)Public availability of NOIs,

(2)opportunity for public hearing, and

(3)permitting authority review of NOIs. On April 16, 2004, EPA's Office of Wastewater Management issued guidance to NPDES permitting authorities entitled “Implementing the Partial Remand of the Stormwater Phase II Regulations Regarding NOIs & NPDES General Permitting for Phase II MS4s” (available at *http://www.epa.gov/npdes/pubs/hanlonphase2apr14signed.pdf* ). This document provides guidance to permitting authorities on addressing the Court's partial remand when issuing general permits for sMS4s. Today's final general permit contains conditions responsive to the partial remand of the Phase II regulations and issues raised in the Court's decision and is consistent with EPA's Office of Wastewater Management Guidance. The final general permit also contains conditions responsive to public comments on the proposed permit and state and tribal certification of the permit under Section 401 of the CWA. II. Summary of Significant Changes From the Draft Permits The following is a list of significant changes from the proposed permit. The rationales for these changes, as well as information about other less significant changes, are discussed below and in the Response to Comments document available as indicated in the “ FOR FURTHER INFORMATION CONTACT ” section above. Additional minor clarifications and corrections made to the final permit are discussed separately in Section III. 1. Coverage under the general permit for Indian Country in New Mexico (NMR04000I) will not be available for discharges on the Pueblo of Sandia. 2. Conditions applicable only to specific state and tribal areas have been added to Part 8. These conditions generally consist of requirement for MS4s within their jurisdiction to provide documents to a State or Tribal agency. Under Part 8.1.2, all dischargers in the Albuquerque Urbanized Area are required to submit copies of NOIs, annual reports, and certain other information to the Pueblo of Isleta. Due to denial of CWA § 401 certification of the permit, areas covered by the permit do not include the Pueblo of Sandia. 3. Part 1.2.3 was added to the permit to provide for enhanced public access to and ability to comment on the NOI (and Storm Water Management Program attachment). 4. Part 1.2.4 was added to provide a mechanism for the MS4 operator to provide EPA with responses to any comments in order to assist EPA in making permit coverage decisions. 5. The eligibility requirements related to endangered species protection at Part 1.5 and Appendix A have been revised. Only where no listed species or critical habitat are in proximity to the MS4's discharges or discharge-related activities will coverage be available without at least an informal consultation with the U.S. Fish and Wildlife Service. 6. Part 2.1.3 has been revised to specify that permit coverage occurs only after written notification by the Director. 7. NOI procedures in Part 3 have been revised. NOIs will be due by October 1, 2007. There will be a 30-day opportunity for the public to review, comment, and request a public meeting/hearing on individual NOIs, and Part 2.1.3 has been changed so coverage will not be effective until notification by the Director. EPA has been alerted by several MS4 operators that satisfying permit eligibility requirements, especially with regard to protection of endangered species, could prevent some sMS4s from meeting the NOI deadline. A MS4 operator is prohibited by the terms of the permit from submitting an NOI until all eligibility conditions have been met. Part 3.1.4 of the permit does allow submittal of late NOIs, which would provide earlier discharge authorization than the individual permit issuance process. To allow more time to work through eligibility issues and provide time for local notice and review of the NOI 60 days prior to submittal, the NOI due date has been set as October 1, 2007. MS4s having difficulty meeting the eligibility conditions for submittal of an NOI, should notify EPA (see address in Part 3.3) of the circumstances causing the delay and progress made to date and then proceed as expeditiously as possible with NOI submittal under Part 3.1.4. For clarification, Part 1.2.3.1 requires local notice and opportunity for public review of the NOI and attachments at least 60 days prior to submittal, with the expectation, but not requirement, that the local review period would be 30 days with the remaining 30 days used by the MS4 operator to review and respond to local comments. 8. Part 5.2.4.3 has been revised to clarify that construction site operators are ultimately responsible for performance of BMPs at their construction site. 9. Part 5.6 has been revised to clarify requirements for analytical vs. non-analytical monitoring and to include more specific monitoring and/or data collection requirements for discharges to impaired waters or waters where an applicable total maximum daily load

(TMDL)has been established. A proposed monitoring/assessment plan must be submitted to the Director as part of the first annual report. For discharges to waters on the State's CWA 303(d) list of impaired waters or for which a TMDL has been developed or approved by EPA, the Monitoring/Assessment Plan must include collection of information on the levels of the pollutant(s) of concern in the discharge. Collection of analytical data will be required for MS4s discharging to waters with TMDLs that have specific allocations for the MS4 operator's discharges. Dischargers to impaired waters prior to development of a TMDL or waters with TMDLs that do not specify an allocation for MS4s will be required to gather analytical data, but have the flexibility to participate in cooperative sampling programs or take advantage of existing representative data. Monitoring or assessment recommendations in a TMDL may be used in the proposed monitoring/assessment plan. 10. Part 5.2.4.3 has been revised to clarify that while the MS4 will be reviewing site plans, the construction site operator is ultimately responsible for the performance of the storm water controls selected for the project. 11. Part 5.8.1 contains revisions and a new Part 5.8.1.7 has been added to help ensure the public will have the opportunity to review and provide local input on the annual reports and revisions to the storm water management program as it evolves. The due dates for the annual reports required by Part 5.8.1 have been changed to October 1, 2008, and annually on October 1st thereafter. The reporting period for the Annual Report has been set as July 1—June 30th. Note that this change in the reporting period coincides with the fiscal year used by many municipalities in New Mexico and should ease report preparation for items tracked locally on a fiscal year basis for budgetary purposes. 12. Monitoring requirements at Part 5.6 have been revised to provide clearer expectations and requirements for analytical vs. non-analytical monitoring and assessment programs, particularly with regard to discharges to impaired waters and waters for which a TMDL has been developed or approved. For example, where a specific waste load allocation under a TMDL applies to the MS4's discharges, analytical monitoring will be required to be included in the MS4's monitoring and assessment plan. 13. Addendum E was added to outline the process for providing comments and/or requesting a public meeting/hearing on NOIs during the 30-day public review period described in Section B of Addendum E. Note that a minor correction to Section B is described below. III. Revisions and Corrections to the Permit and Response to Comments Documents EPA has also made typographical and other minor corrections/clarifications to the permit and Response to Comment documents. Revisions and Corrections to Permit 1. Simple typographical corrections (e.g., spelling, format, grammar, etc.) have been made to the permit. 2. A footnote has been added to Part 3.1.1 to provide direction to MS4 operators who are not able to complete all activities necessary to meet permit eligibility in time to meet the due date for NOIs. For example, EPA recognizes that completion of Endangered Species Act consultations can proceed along time lines outside the control of MS4 operator, but are a prerequisite for submittal of an NOI. 3. Consistent with Response to Comment No. 29 and to correct an editorial error, sections of Part 5.2 have been corrected so requirements under each of the six minimum control measures to identify parties responsible for implementing that portion of the Storm Water Management Program all consistently allow for identification of either the “* * * person(s) or position(s) responsible * * *.” 4. Part 5.7.3, described in Response to Comment No. 23, was inadvertently omitted from the final permit due to a typographical error and has been reinserted. Part 5.7.3 simply highlights the requirement, not as clearly stated in Part 5.7.1 and 5.7.2, to maintain records related to how the permittee determined permit eligibility with regard to Parts 1.4.6, 1.5, and 1.6. No additional record keeping burden is imposed, but the likelihood of permit non-compliance due to failure to recognize the duty to retain such records has been reduced. 5. Part 5.8.1. has been revised to include a footnote offering the option to base the the Annual Report on the permittee's fiscal year rather than the default July-June reporting year, provided the permittee notifies EPA by the first October 1st following permit authorization that this option will be used and confirms the dates of the permittee's fiscal year. Annual Reports based on alternative fiscal years must be submitted no later than

(90)days following the end of the fiscal year. During the November 2006, public meeting on the final permits, attendees questioned whether the permit could allow reporting on a fiscal year basis to avoid the additional burden of tracking and reporting information on a calendar year basis for permit purposes when most information was tracked locally on a fiscal year basis for budgetary purposes. The revised July 1-June 30 annual report period will accommodate most MS4s using the New Mexico fiscal year, but some MS4s may have alternative fiscal years, so flexibility to use alternative fiscal years has been added. This flexibility in the annual report period and due date will still allow the public and regulators to assess the permittee's activities in 12 month increments. Requiring the Annual Report to be submitted within 90 days following the end of the fiscal year will ensure that information in the report will not be stale by the time the public and regulatory agencies review it and is consistent with the time frame in the permit. Having a reporting period coinciding with the local fiscal year may also make local review and public input less confusing. 6. Consistent with Response to Comment No. 22, Part 1.4.6, second paragraph, first sentence has been corrected to replace “* * * should consult * * * ” with “* * * must consult * * *.” 7. In Addendum A, references to the U.S. Fish and Wildlife Web site for information on endangered species has been updated to the current link: *http://www.fws.gov/southwest/es/EndangeredSpecies/lists/.* 8. Consistent with Response to Comment No. 33, Addendum C the correct cross references in Item 4 to Part 1.4.6 and Item 7 to Part 5.2 have been added. 9. Addendum E, Section B. has been modified to clarify that the 30-day deadline for submittal of comments on an NOI begins when the NOI information is posted on EPA Region 6's small MS4 NOI web page. The word “filed” was inadvertently used in the same sentence in two separate ways. Comments will be due “* * * within thirty

(30)days of the date the NOI is posted on the Web site in Section A.” 10. Part 2.2.3.6 has been corrected to provide the address for submittal of Notices of Termination and remove a reference regarding submittal of copies to the State of New Mexico (which is independently required under Part 8.1.1). Revisions and Corrections to the Response to Comments Documents 1. Response to Comment No. 9 should refer to Response to Comment No. 48 instead of No. 37. 2. Due to an editing error, the last paragraph in Response to Comment No. 28 was inadvertently included in the final document. The final permit did not include a table of expectations for interim progress (which in any event would have been in Part 5 and not Part 4). EPA determined that a single set of expectations could not take into account what programs were already being implemented and what challenges an individual MS4 would face in developing and implementing their programs. Due to the subjective nature of “credible interim progress,” the Director will need to evaluate this requirement on a case-by-case basis taking into account the unique situation at a particular MS4. EPA expects that programs will consist of a combination of existing programs, initial effort programs, and schedules for final programs. For example, the initial programs could be based on activities currently underway, activities which can be implemented in the short term (i.e., with existing resources, without changes in ordinances, by relying on available guidance and materials, etc.), and pilot programs. The initial program could also include activities (e.g., illicit discharge screening of the system, etc.) to help prioritize activities and refine options as the final program evolves. In general, EPA would expect that activities such as public involvement would have to begin early in the permit cycle to allow for public input on the final program. The public education, illicit discharge detection and elimination, and proper operation and maintenance/good housekeeping at municipal operations programs would not be expected to take 2-3 years to have in place, with initial program implementation possible earlier. The full construction and post-construction final programs, unless existing programs can be used, would be expected to take 3-5 years to implement due to the need to develop (or adapt) and adopt local standards, rules/ordinances, etc. 3. Response to Comment No. 32 should refer to Part 5.8.1.5 instead of Part 5.6.1. 4. Revisions discussed in Sections II and III supercede any conflicting responses in the September 29, 2006, Response to Comments document. Authority: Clean Water Act, 33 U.S.C. 1251 *et seq.* Dated: May 31, 2007. Miguel I. Flores, Director, Water Quality Protection Division, EPA Region 6. [FR Doc. E7-11316 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [Docket ID Number OECA 2005-0081; FRL-8325-1] Safe Drinking Water Act: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Shell Oil Company AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has entered into a consent agreement with Shell Oil Company (“Shell” or “Respondent”) to resolve violations of the Safe Drinking Water Act (“SDWA”) and the Resource Conservation and Recovery Act (“RCRA”) and their implementing regulations. The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order, and providing an opportunity for interested persons to comment on the SDWA portions of this Consent Agreement in accordance with SDWA section 1423(c)(3)(B). DATES: Comments are due on or before July 13, 2007. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Section I. B of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Lynn S. Holloway, Waste and Chemical Enforcement Division (2246-A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone

(202)564-4241; fax:

(202)564-0019; e-mail: *Holloway.Lynn@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. How Can I Get Copies of This Document? 1. *Docket.* EPA has established an official public docket for this action under Docket ID No. OECA-2005-0081. The official docket consists of the Consent Agreement, proposed Final Order, and any public comments received. The official public docket is the collection of materials that is available for public viewing at the Enforcement and Compliance Docket Information Center (ECDIC) in the EPA Docket Center (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the ECDIC is

(202)566-1752. A reasonable fee may be charged by EPA for copying docket materials. 2. *Electronic Access.* You may access this Federal Register document electronically through the EPA Internet under the “Federal Register” listings at *http://www.epa.gov/fedrgstr/.* An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. For public commentors, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the Docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. B. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. 1. *Electronically.* If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD-ROM you submit, and in any cover letter accompanying the disk or CD-ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in Docket ID No. OECA-2005-0081. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail.* Comments may be sent by electronic mail (e-mail) to *docket.oeca@epa.gov.* , Attention Docket ID No. OECA-2005-0081. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD-ROM.* You may submit comments on a disk or CD-ROM that you mail to the mailing address identified in Section I.A.1. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By Mail.* Send your comments to: Enforcement and Compliance Docket Information Center, Environmental Protection Agency, Mailcode: 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. OECA-2005-0081. 3. *By Hand Delivery or Courier.* Deliver your comments to the address provided in Section I.A.1., Attention Docket ID No. OECA 2005-0081. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Section I.A.1. II. Background Shell Oil Company and affiliates Shell Chemical LP, Equilon Enterprises LLC, Motiva Enterprises LLC, and Criterion Catalysts Technologies, LP (collectively “Shell” or “Respondent”), comprise a global group of energy and petrochemical companies with corporate offices in Houston, Texas. Respondent is authorized to do business in the states of California, Delaware, Illinois, Indiana, Louisiana, Ohio, Texas, and Washington. Respondent is the owner and operator of hazardous waste management facilities subject to regulation under Subtitle C of RCRA. Respondent is also the owner and operator of Class I hazardous waste injection wells subject to regulation under SDWA. On or about April 9, 2004, pursuant to EPA's Policy on Incentives for Self-Policing (Audit Policy), 65 FR 19618 (April 11, 2000), Respondent submitted its initial voluntary disclosure to EPA regarding potential violations of RCRA's financial responsibility regulations. Respondent submitted additional clarifying disclosures on August 26, 2004, December 9, 2004, and April 13, 2005. Respondent's submissions disclosed that it failed to satisfy certain financial responsibility requirements under RCRA for closure, post-closure care, and third-party liability, and under SDWA for plugging and abandonment, at seventeen facilities in eight states between March 30, 2004 and May 28, 2004. Respondent's Audit Policy disclosure indicated that based on the need of its parent companies (Royal Dutch Petroleum Company and Shell Transport and Trading Company) to restate certain oil and gas reserves related to years prior to 2003, Respondent's annual report had been delayed, and that its auditor could not complete a certification until the restatement work by the parent companies was completed. Accordingly, Respondent was not able to submit updated financial information to demonstrate that it met the financial test or corporate guarantee for the seventeen facilities by March 30, 2004, as required by RCRA, SDWA, and their implementing regulations. Respondent's updated financial information in support of its corporate guarantee was not submitted to EPA and the affected states until May 28, 2004. Section 3008(a) of RCRA, 42 U.S.C. 6928(a), authorizes the EPA to issue compliance orders whenever the EPA determines that any person is violating any requirement of the Act. Pursuant to RCRA section 3006, 42 U.S.C. 6926, California, Delaware, Illinois, Louisiana, Texas, and Washington have been authorized to administer a state hazardous waste program. Any noncompliance with the regulations promulgated pursuant to Subtitle C of RCRA, or with any state provision authorized pursuant to RCRA section 3006, constitutes a violation of RCRA and is subject to the assessment of penalties and issuance of compliance orders pursuant to RCRA section 3008. Section 3008(h) of RCRA, 42 U.S.C. 6928(h), authorizes EPA to issue orders requiring corrective action or such other measures as EPA may deem necessary to protect human health or the environment. EPA's authority under this section includes, among other things, the authority to require financial assurance for corrective action. Section 1423 of the SDWA, 42 U.S.C. 300h-2, authorizes the EPA to issue compliance orders whenever the EPA finds that any person is violating any requirement of an Underground Injection Control

(UIC)program where a state does not have primary enforcement responsibility. Criterion Catalysts Technologies, LP, a subsidiary of Shell, operates three Class I hazardous waste injection wells in Michigan City, Indiana (UIC Permit Numbers IN-091-0001, IN-091-0002, and IN-091-0004). Indiana does not have primacy over Class I hazardous waste injection wells. *See* 40 CFR 147.751. Therefore, the UIC program for Class I wells in the state of Indiana is administered by EPA. Specifically, Respondent disclosed that it failed to satisfy the requirements of the corporate guarantee for closure by failing to provide updated financial information within 90 days after the close of FY 2003, at the following nine facilities: Martinez Refining Co. (Martinez, California); Carson Marine Terminal (Carson, California); Delaware City Refinery (Delaware City, Delaware); Wood River Refining Co. (Wood River, Illinois); Odessa Refining Co. (Odessa, Texas); Shell Deer Park Refining Co. (Deer Park, Texas); Westhollow Technology Center (Houston, Texas); Port Arthur Refinery (Port Arthur, Texas); and Puget Sound Refining Co. (Anacortes, Washington), in violation of RCRA section 3008(a), 42 U.S.C. 6928(a), and Cal. Code of Reg. 66264.143(f), 66265.143(f) (California); Del. Admin. Code 7-1000 264-264.143(f) (Delaware); 35 Ill. Adm. Code 724.243(f) (Illinois); LAC 33:V.3707.F. (Louisiana); 30 Texas Admin. Code, 37.251 (Texas); and WAC 173-303-620(4) (Washington). Respondent further disclosed that it failed to satisfy the requirements of the corporate guarantee for post-closure by failing to provide updated financial information within 90 days after the close of FY 2003, at the following twelve facilities: Martinez Refining Co. (Martinez, California); Los Angeles Refining Co., (Wilmington, California); Delaware City Refinery (Delaware City, Delaware); Wood River Refining Co. (Wood River, Illinois); Norco Chemical Plant—West Site (Norco, Louisiana); Odessa Refining Co. (Odessa, Texas); Shell Deer Park Refining Co. (Deer Park, Texas); Westhollow Technology Center (Houston, Texas); Port Arthur Refinery (Port Arthur, Texas); and Puget Sound Refining Co. (Anacortes, Washington), in violation of RCRA section 3008(a), 42 U.S.C. 6928(a), and 22 Cal. Code of Reg. 66264.145(f), 66265.145(f) (California); Del. Admin. Code 7-1000 264-264.145(f) (Delaware); 35 Ill. Adm. Code 724.245(f) (Illinois); LAC 33:V.3711.F. (Louisiana); 30 Texas Admin. Code, 37.251 (Texas); and WAC 173-303-620(6) (Washington). Respondent further disclosed that it failed to satisfy the requirements of the corporate guarantee for third-party liability by failing to provide updated financial information within 90 days after the close of FY 2003, at the following twelve facilities: Martinez Refining Co. (Martinez, California); Los Angeles Refining Co., (Wilmington, California); Delaware City Refinery (Delaware City, Delaware); Wood River Refining Co. (Wood River, Illinois); Norco Chemical Plant—West Site (Norco, Louisiana); Odessa Refining Co. (Odessa, Texas); Shell Deer Park Refining Co. (Deer Park, Texas); Westhollow Technology Center (Houston, Texas); Port Arthur Refinery (Port Arthur, Texas); and Puget Sound Refining Co. (Anacortes, Washington), in violation of RCRA section 3008(a), 42 U.S.C. 6928(a), and 22 Cal. Code of Reg. 66264.147(g), 66265.147(g) (California); Del. Admin. Code 7-1000 264-264.147(f) (Delaware); 35 Ill. Adm. Code 724.247(f) (Illinois); LAC 33:V.4411.F. (Louisiana); 30 Texas Admin. Code, 37.404 (Texas); and WAC 173-303-620(8) (Washington). In addition, Respondent disclosed that it failed to comply with the financial responsibility requirements in the corrective action order under Dkt. No. RCRA-05-2003-0007, issued pursuant to RCRA section 3008(h), 42 U.S.C. 6928(h). Finally, Respondent disclosed that it failed to satisfy the requirements of the corporate guarantee for plugging and abandonment by failing to provide updated financial information within 90 days after the close of FY 2003, at the following three facilities: Criterion Catalysts (Permit #IN-091-0001) (Michigan City, Indiana); Criterion Catalysts (Permit #IN-091-0002) (Michigan City, Indiana); and Criterion Catalysts (Permit #IN-091-0004) (Michigan City, Indiana), in violation of SDWA section 1421(b), 42 U.S.C. 300h(b), and 40 CFR 144.63(f)(1) and 144.63(f)(5). EPA, as authorized by RCRA section 3008(g), 42 U.S.C. 6928(g) and SDWA section 1423(c), 42 U.S.C. 300h-2(c), has assessed a civil penalty for these violations. EPA has determined that Respondent has satisfied all of the conditions set forth in the Audit Policy and thereby qualifies for a 100% reduction of the gravity component of the civil penalty. EPA has determined that the gravity component of the civil penalty is $77,546.50. Of that penalty, $77,391.50 is attributable to the RCRA violations and $155 is attributable to SDWA violations. EPA alleges that this gravity component is assessable against Respondent for the violations that are the basis of this Agreement. Under the Audit Policy, EPA reserves the right to collect any economic benefit that Respondent may have realized as a result of its noncompliance. Based on information provided by Respondent, EPA has determined that Respondent obtained an economic benefit of $153,949 as a result of its noncompliance. Of this amount, $153,757 is attributable to the RCRA violations and $192 is attributable to the SDWA violations. Accordingly, the civil penalty agreed upon by the parties for settlement purposes is $153,949. Respondent has agreed to pay this amount. EPA and Respondent negotiated this agreement following the Consolidated Rules of Practice, 40 CFR 22.13(b). This Consent Agreement and proposed Final Order is subject to public notice and comment under SDWA section 1423(c)(3)(B), 42 U.S.C. 300h-2(c)(3)(B) and 40 CFR 22.45(b) and (c). Dated: June 7, 2007. Rosemarie A. Kelley, Director, Waste and Chemical Enforcement Division, Office of Enforcement and Compliance Assurance. [FR Doc. E7-11418 Filed 6-12-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget June 1, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act

(PRA)comments should be submitted on or before July 13, 2007. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Jasmeet K. Seehra, Office of Management and Budget, Room 10236 NEOB, Washington, DC 20503,

(202)395-3123, or via fax at 202-395-5167 or via Internet at *Jasmeet_K._Seehra@omb.eop.gov* and to *Judith-B. Herman@fcc.gov,* Federal Communications Commission, Room 1-B441, 445 12th Street, SW., DC 20554 or an e-mail to *PRA@fcc.gov.* If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0865. *Title:* Wireless Telecommunications Bureau Universal Licensing System

(ULS)Recordkeeping and Third Party Disclosure Requirements. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households, business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 70,447 respondents; 70,447 responses. *Estimated Time Per Response:* .25—4 hours (average). *Frequency of Response:* On occasion reporting requirement, recordkeeping requirement, and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 63,446 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* Yes. *Nature and Extent of Confidentiality:* There is a need for confidentiality with respect to all Private Land Mobile Radio service filers in this collection. Information on the private land mobile radio licensees is maintained in the Commission's system of records, FCC/WTB-1, “Wireless Services Licensing Records.” The licensee records will be publicly available and routinely used in accordance with subsection b. of the Privacy Act. Taxpayer Identification Numbers

(TINs)and material which is afforded confidential treatment pursuant to a request made under 47 CFR 0.459 will not be available for public inspection. Any personally identifiable information

(PII)that individual applicants provide is covered by a system of records reference above and these and all other records may be disclosed pursuant to the Routine Uses as stated in the system of records notice dated April 5, 2006 (71 FR 17234, 17269). *Needs and Uses:* The Commission will submit this information collection to OMB as an extension (no change in reporting requirements, recordkeeping requirements and/or third party disclosure requirements) during this comment period to obtain the full three-year clearance from them. The Commission reduced the total annual burden due to an adjustment in the number of responses by licensees who operate within the various service categories of this information collection gathered from the Commission's ULS and CORES databases. The purpose of this collection is to streamline the set of rules which minimize filing requirements via the Universal Licensing System (ULS); to eliminate redundant and unnecessary submission requirements; and to assure ongoing collection of reliable licensing and ownership data. The recordkeeping and third party disclosure requirements, along with certifications which made via ULS are ways the Commission reduced the filing burden on the industry. However, applicants must maintain records to document compliance with the requirements for which they provide certifications. In some instances, third party coordinations are required. *OMB Control Number:* 3060-1007. *Title:* Streamlining and Other Revisions of Part 25 of the Commission's Rules. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 28 respondents; 28 responses. *Estimated Time Per Response:* 2.89 hours (average). *Frequency of Response:* On occasion, annual and other reporting requirements and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 9,688 hours. *Total Annual Cost:* $95,194,000. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* There is a need for confidentiality. *Needs and Uses:* The Commission will submit this information collection to OMB as an extension (no change in reporting requirements, recordkeeping requirements and/or third party disclosure requirements) during this comment period to obtain the full three-year clearance from them. There is no change in the number of respondents, total annual burden hours or annual costs. On April 16, 2004, the Commission released a Fourth Report and Order, IB Docket Numbers 02-34 and 00-248, FCC 04-92. In this Order, the Commission extended the mandatory electronic filing to all space station and earth station applications, related pleadings, and other filings governed by Part 25. Direct Broadcast Satellite

(DBS)and Digital Audio Radio Service

(DARS)licensees can now use a streamlined procedure when relocating satellites for fleet management purposes. Currently, this procedure is only limited to Geostationary Satellite Orbit

(GSO)licensees. The Commission referred to such relocations as “fleet management” license modifications. This change will enable the Commission to act on DBS fleet management modifications faster. Under this streamlined procedure, the DBS and DARS licensees may modify its license without prior authorization, but upon 30 days prior notice to the Commission and any potentially affected licensed spectrum user. In order to utilize the streamlined procedure, the operator is required to meet certain technical requirements contained in Part 25. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-11230 Filed 6-12-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collections Approved by Office of Management and Budget June 4, 2007. SUMMARY: The Federal Communications Commission

(FCC)has received Office of Management and Budget

(OMB)approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. FOR FURTHER INFORMATION CONTACT: Dana Jackson, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554,

(202)418-2247 or via the Internet at *Dana.Jackson@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-1053. *OMB Approval Date:* 05/21/2007. *Expiration Date:* 05/31/2010. *Title:* 47 CFR 64.604—In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, IP Captioned Telephone Service, Declaratory Ruling, CG Docket No. 03-123. *Form No.:* None. *Estimated Annual Burden:* 12 responses; 8 hours per response; 96 total annually hourly burden. *Needs and Uses:* On August 1, 2003, the Commission released the *Declaratory Ruling,* In the Matter of Telecommunication Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CC 98-67, FCC 03-190. In the *Declaratory Ruling,* the Commission clarified that one-line captioned telephone voice carry over

(VCO)service is a type of telecommunications relay service

(TRS)and that eligible providers of such services are eligible to recover their costs in accordance with section 225 of the Communications Act. The Commission also clarified that certain TRS mandatory minimum standards does not apply to one-line captioned VCO service, and waived 47 CFR 64.604(a)(1) and (a)(3) of the Commission's rules for all current and future captioned telephone VCO service providers, for the same period of time beginning August 1, 2003. The waivers were contingent on the filing of annual reports, for a period of three years, with the Commission. Sections 64.604(a)(1) and (a)(3) of the Commission's rules, which contained information collection requirements under the PRA became effective on March 26, 2004. On July 19, 2005, the Commission released an *Order,* In the Matter of Telecommunication Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CC 98-67 and CG Docket No. 03-123, FCC 05-141, that clarified two-line captioned telephone VCO service, like one-line captioned telephone VCO service, is a form of TRS eligible for compensation from the Interstate TRS Fund. Also, the Commission clarified that certain TRS mandatory minimum standards do not apply to two-line captioned VCO service, and waived 47 CFR 64.604(a)(1) and (a)(3) of the Commission's rules, for providers that offer two-line captioned VCO service. This clarification increased the number of providers that will be providing one-line and two-line captioned VCO services. On January 11, 2007, the Commission released a *Declaratory Ruling,* In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, FCC 06-182, granting a request for clarification that Internet Protocol

(IP)captioned telephone relay service (IP CTS) is a form of TRS eligible for compensation from the Interstate TRS Fund when offered in compliance with the applicable TRS mandatory minimum standards. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-11233 Filed 6-12-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested June 7, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(PRA)comments should be submitted on or before August 13, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your all Paperwork Reduction Act

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov* . To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW, Washington, DC 20554, or via Internet to *Cathy.Williams@fcc.gov* and to Jasmeet Seehra, Office of Management and Budget, Room 10236 NEOB, 725 17th Street, NW. Washington, DC 20503 or via the Internet to *Jasmeet_K._Seehra@omb.eop.gov* or via fax at

(202)395-5167. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0633. *Title:* Sections 73.1230, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832, 74.1265, Posting or Filing of Station Licenses. *Form Number:* Not applicable. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities, Not-for-profit institutions. *Number of Respondents:* 5,875. *Estimated Hours per Response:* 0.083 hours. *Frequency of Response:* Recordkeeping requirement; On occasion reporting requirement; Third party disclosure requirement. *Total Annual Burden:* 488 hours. *Total Annual Cost:* $84,140. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* 47 CFR 73.1230 requires that the station license and any other instrument of station authorization for an AM, FM or TV station be posted in a conspicuous place where the licensee considers to be the principal control point of the transmitter. 47 CFR 74.165 requires that the instrument of authorization for an experimental broadcast station be available at the transmitter site. 47 CFR 74.432(j) (remote pickup broadcast station) and 74.832(j) (low power auxiliary station) requires that the license of a remote pickup broadcast/low power auxiliary station shall be retained in the licensee's files, posted at the transmitter, or posted at the control point of the station. These sections also require the licensee to forward the station license to the FCC in the case of permanent discontinuance of the station. 47 CFR 74.564 (aural broadcast auxiliary stations) requires that the station license and any other instrument of authorization be posted in the room where the transmitter is located, or if operated by remote control, at the operating position. 47 CFR 74.664 (television broadcast auxiliary stations) requires that the station license and any other instrument of authorization be posted in the room where the transmitter is located. Sections 74.765 (low power TV, TV translator and TV booster) and 74.1265 (FM translator stations and FM booster stations), require that the station license and any other instrument of authorization be retained in the station's files. In addition, the call sign of the station, together with the name, address and telephone number of the licensee or the local representative of the licensee, and the name and address of the person and place where the station records are maintained, shall be displayed at the transmitter site on the structure supporting the transmitting antenna. The Commission is revising this information collection to remove 47 CFR 74.965 from the information collection. The rule section was removed from the CFR. It is not longer in existence. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-11317 Filed 6-12-07; 8:45 am] BILLING CODE 6712-10-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, for Extension Under Delegated Authority June 6, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov* . To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554, *Cathy.Williams@fcc.gov* and to Jasmeet Seehra, Office of Management and Budget, Room 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the Internet to *Jasmeet_K._Seehra@omb.eop.gov* or via fax at

(202)395-5167. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0594. *Title:* Cost of Service Filing for Regulated Cable Services. *Form Number:* FCC Form 1220. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; State, Local, or Tribal Government. *Number of Respondents:* 20. *Estimated Hours per Response:* 4-80 hours. *Frequency of Response:* On occasion reporting requirement. *Total Annual Burden:* 1,220 hours. *Total Annual Costs:* $60,000. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Cable operators file FCC Form 1220 with their Local Franchising Authorities to demonstrate the costs of providing cable service in order to justify rates above levels determined under the Commission's benchmark methodology. The Commission uses Form 1220 to determine whether cable rates for basic service, cable programming service, and associated equipment are reasonable under the Commission's rules. *OMB Control Number:* 3060-0601. *Title:* Setting Maximum Initiated Permitted Rates for Regulated Cable Services. *Form Number:* FCC Form 1200. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; State, Local, or Tribal Government. *Number of Respondents:* 100. *Estimated Hours per Response:* 2-10 hours. *Frequency of Response:* One time reporting requirement; Annual reporting requirement. *Total Annual Burden:* 800 hours. *Total Annual Costs:* $37,500. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Cable operators and local franchise authorities file FCC Form 1200 to justify the reasonableness of rates in effect on or after May 15, 1994. The FCC uses the data to evaluate cable rates the first time they are reviewed on or after May 15, 1994, so that maximum permitted rates for regulated cable service can be determined. *OMB Control Number:* 3060-1069. *Title:* Rules and Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, NPRM, MB Docket No. 04-256, FCC 04-173. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents:* 1,360. *Estimated Hour per Response:* 1 hour. *Frequency of Response:* On occasion reporting requirement. *Total Annual Burden:* 1,360 hours. *Total Annual Cost:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* On July 13, 2004, the Commission adopted a *Notice of Proposed Rule Making (NPRM)* , Attribution of Joint Sales Agreements in Local Television Markets, in MB Docket No. 04-256, FCC 04-173, which proposed to consider whether to amend its attribution rules to attribute certain joint sales agreements

(JSAs)between broadcast TV stations located in the same local market. The Commission has not taken any action on this proposal since 2004. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-11407 Filed 6-12-07; 8:45 am] BILLING CODE 6712-10-P FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 07-110; DA 07-2185] David O. Castle, Application To Renew License for Amateur Radio Service Station WA9KJI AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission initiates a hearing proceeding before a Commission Administrative Law Judge to determine whether an application to renew the license for Amateur Radio Service Station WA9KJI filed by David O. Castle should be granted. DATES: The document was mailed to the party on May 24, 2007. ADDRESSES: Federal Communications Commission, 445 12th St., SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Gary Schonman, Enforcement Bureau, at *Gary.Schonman@fcc.gov* or

(202)418-1795 or TTY

(202)418-1152. SUPPLEMENTARY INFORMATION: This is a summary of the *Hearing Designation Order* in WT Docket No. 07-110, DA 07-2185, adopted by the Commission's Wireless Telecommunications Bureau on May 23, 2007, and released on May 24, 2007. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: *www.fcc.gov.* Alternative formats are available to persons with disabilities by sending an e-mail to *fcc504@fcc.gov* or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Synopsis of the Order 1. In this *Hearing Designation Order,* the Commission commences a hearing proceeding before a Commission Administrative Law Judge to determine whether the above-captioned application filed by David O. Castle for renewal of his license for Amateur Radio Station WA9KJI should be granted. As discussed below, the record before us indicates that Castle has apparently willfully and repeatedly engaged in unlawful Commission-related activities, including intentionally causing interference, broadcasting without communicating with any particular station, and using slanderous, harassing, and indecent language on amateur frequencies. Based on the information before us, we believe that Castle's apparent continuing course of misconduct raises a substantial and material question of fact as to whether he possesses the requisite character qualifications to be and remain a Commission licensee. Accordingly, we hereby designate his application for hearing. 2. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the captioned application IS DESIGNATED FOR HEARING in a proceeding before an FCC Administrative Law Judge, at a time and place to be specified in a subsequent *Order,* upon the following issues:

(a)To determine whether David O. Castle willfully and/or repeatedly violated Section 333 of the Communications Act of 1934, as amended, and § 97.101(d) of the Commission's Rules, by intentionally interfering with radio communications;

(b)To determine whether David O. Castle willfully and/or repeatedly violated § 97.113(b) of the Commission's Rules by broadcasting one-way communications on amateur frequencies;

(c)To determine whether David O. Castle willfully and/or repeatedly violated § 97.113(a)(4) of the Commission's Rules by transmitting indecent language;

(d)To determine the effect, if any, of the use by David O. Castle of his amateur license to engage in criminal behavior on his qualifications to be and remain a Commission licensee;

(e)To determine, in light of the evidence adduced pursuant to the foregoing issues, whether David O. Castle is qualified to be and remain a Commission licensee;

(f)To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by David O. Castle should be granted. 3. Pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this *Hearing Designation Order* to him, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the issues specified herein. 4. Pursuant to § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), if David O. Castle fails to file a written appearance within the twenty-day period, or has not filed prior to the expiration of the twenty-day period, a petition to dismiss without prejudice, or a petition to accept, for good cause shown, a written appearance beyond the expiration of the twenty-day period, the Presiding Administrative Law Judge SHALL DISMISS the captioned application with prejudice for failure to prosecute. 5. The Chief, Enforcement Bureau, shall be made a party to this proceeding without the need to file a written appearance. 6. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the burden of proceeding with the introduction of evidence and the burden of proof with respect to all of the issues specified above SHALL BE on David O. Castle. 7. A copy of this *Hearing Designation Order* or a summary thereof SHALL BE PUBLISHED in the **Federal Register** . 8. This action is taken under delegated authority pursuant to §§ 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, and 0.331. Federal Communications Commission. Scot Stone, Deputy Chief, Mobility Division. [FR Doc. E7-11245 Filed 6-12-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 07-109; DA 07-2184] Frank C. Richards, Application for New License in the Amateur Radio Service AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission initiates a hearing proceeding before a Commission Administrative Law Judge

(ALJ)to determine whether an application for a new license in the Amateur Radio Service filed by Frank C. Richards should be granted. DATES: The document was mailed to the party on May 24, 2007. ADDRESSES: Federal Communications Commission, 445 12th St., SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Gary Schonman, Enforcement Bureau, at *Gary.Schonman@fcc.gov* or

(202)418-1795 or TTY

(202)418-1152. SUPPLEMENTARY INFORMATION: This is a summary of the *Hearing Designation Order* in WT Docket No. 07-109, DA 07-2184, adopted by the Commission's Wireless Telecommunications Bureau on May 23, 2007, and released on May 24, 2007. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: *http://www.fcc.gov.* Alternative formats are available to persons with disabilities by sending an e-mail to *fcc504@fcc.gov* or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Synopsis of the Order 1. In this *Hearing Designation Order* the Commission initiates a hearing proceeding before a Commission Administrative Law Judge to determine whether an application for a new license in the Amateur Radio Service filed by Frank C. Richards should be granted. The record before the Commission suggests that Frank C. Richards, who resides in New York, submitted a fraudulent application to obtain the privileges associated with call sign KB4VU belonging to Frank C. Richards of Florida. Such action raises substantial and material questions of fact as to whether Frank C. Richards possesses the requisite character qualification to be a Commission licensee. Because we are unable to make a determination on the record currently before us that grant of Frank C. Richards' application for a new amateur license would serve the public interest, convenience, and necessity, we hereby designate the application for hearing, as required by 47 U.S.C. 309(e) of the Communications Act of 1934, as amended. 2. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the captioned application IS DESIGNATED FOR HEARING in a proceeding before an FCC Administrative Law Judge, at a time and place to be specified in a subsequent *Order,* upon the following issues:

(a)To determine whether Frank C. Richards made false certifications, misrepresentations to, and or lacked candor before, the Commission in applications and or responses to Commission inquires.

(b)To determine the effect of Frank C. Richards' representations of fact to, and candor before, the Commission on his qualifications to be licensed by the Commission.

(c)In light of the evidence adduced pursuant to the foregoing issues, to determine whether Frank C. Richards is qualified to be a Commission licensee.

(d)In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Frank C. Richards should be granted. 3. Pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 1.221(c) of the Commission's rules, 47 CFR 1.221(c), in order to avail himself of the opportunity to be heard, Frank C. Richards, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this *Hearing Designation Order* to him, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the issues specified herein. 4. Pursuant to § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), if Frank C. Richards fails to file a written appearance within the twenty-day period, or has not filed prior to the expiration of the twenty-day period, a petition to dismiss without prejudice, or a petition to accept, for good cause shown, a written appearance beyond the expiration of the twenty-day period, the Presiding Administrative Law Judge SHALL DISMISS the captioned application with prejudice for failure to prosecute. 5. The Chief, Enforcement Bureau, shall be made a party to this proceeding without the need to file a written appearance. 6. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the burden of proceeding with the introduction of evidence and the burden of proof with respect to all of the issues specified above SHALL BE on Frank C. Richards. 7. A copy of this *Hearing Designation Order* or a summary thereof SHALL BE PUBLISHED in the **Federal Register** . 8. This action is taken under delegated authority pursuant to §§ 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, 0.331. Federal Communications Commission. Scot Stone, Deputy Chief, Mobility Division. [FR Doc. E7-11231 Filed 6-12-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 07-108; DA 07-2183] Jack R. Sharples, Application for New License in the Amateur Radio Service AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission initiates a hearing proceeding before a Commission Administrative Law Judge to determine whether an application for a new license in the Amateur Radio Service Station filed by Jack R. Sharples should be granted. DATES: The document was mailed to the party on May 24, 2007. ADDRESSES: Federal Communications Commission, 445 12th St., SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Gary Schonman, Enforcement Bureau, at *Gary.Schonman@fcc.gov* or

(202)418-1795 or TTY

(202)418-1152. SUPPLEMENTARY INFORMATION: This is a summary of the *Hearing Designation Order* in WT Docket No. 07-108, DA 07-2183, adopted by the Commission's Wireless Telecommunications Bureau on May 23, 2007, and released on May 24, 2007. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: *www.fcc.gov.* Alternative formats are available to persons with disabilities by sending an e-mail to *fcc504@fcc.gov* or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Synopsis of the Order 1. In this *Hearing Designation Order* the Commission initiates a hearing proceeding before a Commission Administrative Law Judge to determine whether an application for a new license in the Amateur Radio Service filed by Jack R. Sharples should be granted. The record before the Commission indicates that Sharples is a convicted felon and registered sexual predator, which raises a substantial and material question of fact as to whether Castle possesses the requisite character qualification to be and remain a Commission licensee. Because we are unable to make a determination on the record currently before us that grant of Sharples's application to renew his amateur license would serve the public interest, convenience, and necessity, we hereby designate the application for hearing, as required by 47 U.S.C. 309(e) of the Communications Act of 1934, as amended. 2. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the captioned application IS DESIGNATED FOR HEARING in a proceeding before an FCC Administrative Law Judge, at a time and place to be specified in a subsequent *Order* , upon the following issues:

(a)To determine the effect of Jack R. Sharples's felony adjudication(s) on his qualifications to be licensed by the Commission.

(b)In light of the evidence adduced pursuant to the foregoing issue, to determine whether Jack R. Sharples is qualified to be a Commission licensee.

(c)In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Jack R. Sharples should be granted. 2. Pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and § 1.221(c) of the Commission's rules, 47 CFR 1.221(c), in order to avail himself of the opportunity to be heard, Jack R. Sharples, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this *Hearing Designation Order* to him, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the issues specified herein. 3. Pursuant to § 1.221(c) of the Commission's Rules, 47 CFR 1.221(c), if Jack R. Sharples fails to file a written appearance within the twenty-day period, or has not filed prior to the expiration of the twenty-day period, a petition to dismiss without prejudice, or a petition to accept, for good cause shown, a written appearance beyond the expiration of the twenty-day period, the Presiding Administrative Law Judge SHALL DISMISS the captioned application with prejudice for failure to prosecute. 4. The Chief, Enforcement Bureau, shall be made a party to this proceeding without the need to file a written appearance. 5. Pursuant to sections 4(i) and 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 309(e), the burden of proceeding with the introduction of evidence and the burden of proof with respect to all of the issues specified above SHALL BE on Jack R. Sharples. 6. A copy of this *Hearing Designation Order* or a summary thereof SHALL BE PUBLISHED in the **Federal Register.** 7. This action is taken under delegated authority pursuant to §§ 0.131 and 0.331 of the Commission's Rules, 47 CFR 0.131, 0.331. Federal Communications Commission. Scot Stone, Deputy Chief, Mobility Division. [FR Doc. E7-11243 Filed 6-12-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011906-001. *Title:* HSDG/ELJSA Space Charter Agreement. *Parties:* Hamburg Sud and Evergreen Marine Corp. (Taiwan) Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would substitute Evergreen Line Joint Service Agreement (“ELJSA”) for Evergreen Marine Corp. and address ELJSA's obligations in light of this substitution. It would also clarify Article 10 and rename and restate the agreement. *Agreement No.:* 011998-001. *Title:* CSAV/EUKOR Venezuela Space Charter Agreement. *Parties:* EUKOR Car Carriers, Inc. and Compania Sud Americana de Vapores. *Filing Party:* Walter H. Lion, Esq.; McLaughlin & Stern, LLP; 260 Madison Ave.; New York, NY 10016. *Synopsis:* The amendment adds the port of Jacksonville, Florida, to the geographic scope of the agreement. *Agreement No.:* 012003. *Title:* APL/CMA CGM/HMM/MOL China/U.S. East Coast Via Panama Vessel Sharing Agreement. *Parties:* APL Co. Pte Ltd.; American President Lines, Ltd.; CMA CGM S.A.; Hyundai Merchant Marine Co., Ltd.; and Mitsui O.S.K. Lines, Ltd. *Filing Party:* David B. Cook, Esq.; Goodwin Proctor LLP; 901 New York Avenue, NW.; Washington, DC 20001. *Synopsis:* The agreement authorizes the parties to share vessel space and engage in related cooperative activities in the trade between China (including Hong Kong) and Panama and the U.S. East Coast. *Agreement No.:* 012004. *Title:* HMM/ELJSA Slot Exchange Agreement. *Parties:* Hyundai Merchant Marine Co., Ltd. and Evergreen Line Joint Service Agreement. *Filing Party:* Paul M. Keane, Esq.; Cichanowicz, Callan, Keane, Vengrow & Textor, LLP; 61 Broadway; Suite 3000; New York, NY 10006-2802. *Synopsis:* The agreement authorizes the parties to exchange container slots in the trade between U.S. East Coast ports and ports in China, Japan, South Korea, Taiwan, and Panama. This agreement replaces an earlier agreement between the parties in the trade. *Agreement No.:* 201162-002. *Title:* NYSA-ILA Assessment Agreement. *Parties:* New York Shipping Association, Inc. and the International Longshoremen's Association, AFL-CIO for the Port of New York and New Jersey. *Filing Parties:* Richard P. Lerner, Esq.; The Lambos Firm; 29 Broadway—9th Floor; New York, NY 10006; and Andre Mazzola, Esq.; Gleason, Marrinan & Mazzola Mardon, P.C.; 26 Broadway—17th Floor; New York, NY 10004. *Synopsis:* The amendment revises and sets assessment rates for certain containers. By Order of the Federal Maritime Commission. Dated: June 8, 2007. Karen V. Gregory, Assistant Secretary. [FR Doc. E7-11411 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION [Docket No. 07-05] K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (“Commission”) by K.E.I. Enterprise d/b/a KEI Logix. Complainant asserts that it is a corporation formed and existing under the laws of the State of California and is licensed by the Commission as a Non-Vessel-Operating Common Carrier. Complainant alleges that Respondent, Greenwest Activewear, Inc., is an exporter of fabric and other goods that has its principal place of business in California. Complainant also alleges that Respondent's place of incorporation is unknown. Complainant asserts that it transported fabric from the United States to Guatemala on behalf of Respondent on an ongoing basis during 2006. Complainant contends that Respondent refused to pay freight due on other shipments as a result of Complainant's denial to fulfill a claim filed by Respondent for cargo stolen while in transit by an inland carrier in Guatemala. Accordingly, Complainant refused to release these other shipments. Complainant claims that a compromise was reached whereby Respondent agreed to pay Complainant freight due in the amount of $101,019.08, and Complainant would release all of Respondent's cargo. Complainant avers that, pursuant to the compromise, on May 16, 2007, Respondent delivered three postdated checks totaling $101,019.08, and Complainant subsequently released Respondent's cargo on that same day. On May 17, 2007, Complainant asserts that it was informed by Respondent's bank that Respondent had placed a stop payment order on the postdated checks totaling $101,019.08. Complainant contends that Respondent violated of the Shipping Act of 1984 (“the Shipping Act”) by inducing Complainant to relinquish the cargo and lose its possessory maritime lien when it purportedly made payment of freight by postdated checks, knowing that it would stop payment on such checks once Complainant released the cargo. Complainant asserts that Respondent knowingly and willfully, by means of unjust or unfair device, obtained ocean transportation for property at less than the rates or charges that Complainant would otherwise apply. 46 U.S.C. 41102(a). Complainant asserts that it has been injured and damaged in the sum of $108,019.08. Complainant requests that the Commission require Respondent to:

(1)Answer the charges in the subject complaint;

(2)cease and desist from the aforesaid violation of the Shipping Act; and

(3)pay to Complainant by way of reparations the sum of $108,019.08 with interest and attorney's fees and any other sums as the Commission determines to be proper under the Shipping Act. 46 U.S.C. 41305(b). Additionally, Complainant requests that the Commission issue further order(s) as it determines to be proper in the premises, and that the hearing be in Los Angeles, California. This proceeding has been assigned to the Office of Administrative Law Judges. Hearing in this matter, if any is held, shall commence within the time limitations prescribed in 46 CFR 502.61, and only after consideration has been given by the parties and the presiding officer to the use of alternative forms of dispute resolution. The hearing shall include oral testimony and cross-examination in the discretion of the presiding officer only upon proper showing that there are genuine issues of material fact that cannot be resolved on the basis of sworn statements, affidavits, depositions, or other documents or that the nature of the matter in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record. Pursuant to the further terms of 46 CFR 502.61, the initial decision of the presiding officer in this proceeding shall be issued by June 6, 2008, and the final decision of the Commission shall be issued by October 6, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E7-11402 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants Cosmo Freight Solutions, Inc., 154-09 146th, Unit #3C, Jamaica, NY 11434, *Officers:* Steve Chang, Secretary (Qualifying Individual), Matthew Wong, President. Samrat Container Lines, Inc., 2060 Oak Tree Road, 1st Fl. East, Edison, NJ 08820, *Officers:* Milton D'Souza, President (Qualifying Individual), Deepak Lall, Vice President. Poseidon Agencies, Inc. dba Poseidon Shipping & Trading Co., 601 Heritage Drive, Suite 111, Jupiter, FL 33458, *Officer:* Niko Alexander Tomc, Sr., President (Qualifying Individual). DS Logistics USA, LLC, 176 Fort Lee Road, #2A, Leonia, NJ 07605, Officers: Woo Do Lim, Member (Qualifying Individual), Sun Hwa Lee, Member. TFMarine, Inc., 452 Glynwynne Road, Haverford, PA 19041, *Officers:* Thomas F. Mosimann, Jr. (Qualifying Individual), Walter Penney, Secretary. Good One Logistics Inc., 1001 Nicholas Blvd., Unit A, Elk Grove Village, IL 60007, *Officers:* Anne Lai, President (Qualifying Individual), Dennis Lai, Treasurer. Fastway Moving and Trading Corp., 4100 N. Powerline Rd., Suite W-3, Pompano Beach, FL 33073, *Officers:* Leonardo P. Albuquerque, President (Qualifying Individual), Victor Sancho Passos, Vice President. Surexpress, Inc., 10725 Springdale Avenue, Unit #1, Santa Fe Springs, CA 90670, *Officers:* Oscar P. Luna, Secretary (Qualifying Individual), Fabian Cerutti, President. Shiplane Transport, Inc., 2620 N. Oak Park, Chicago, IL 60707, *Officers:* Elizabeth Esparza, Vice President (Qualifying Individual), Claudia Esparza, Secretary. Lloyds Global Logistics, Inc. dba Lloydscargo, 615 N. Nash Street, Suite #303, El Segundo, CA 90245, *Officer:* Arthur R. Biancone, President (Qualifying Individual). Fastway Moving and Services Inc., 52 Butler Street, Elizabeth, NJ 07206, *Officers:* Leonardo P. Albuquerque, V.P. Bus. Development (Qualifying Individual), Victor Sancho Passos, Vice President. Gallagher International LLC, 5301 Jefferson Highway, New Orleans, LA 70123, *Officers:* Bonny B. Maloney, Manager (Qualifying Individual), Robert S. Maloney, Owner/Manager. Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants D.L. International Logistics, Inc., 3500 NW. 115th Avenue, Doral, FL 33178, *Officers:* Sandra De Leon, Ocean Coordinator (Qualifying Individual), Fernando De Leon, President. Pathfinder Logistics International, LLC, dba Olympic Freight, 11729 NE Glenn Widing Drive, Portland, OR 97220, *Officers:* Lucy Viall, Vice President (Qualifying Individual), Jeffrey R. Wannamaker, President. A+ Airfreight, Inc., 8003 Hertfordshire, Spring, TX 77379, *Officers:* Freddie J. Boren, President (Qualifying Individual), Brenda J. Boren, Director. Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants Soo Hoo Customs Broker dba Soo Hoo Shipping, 205 S. Broadway, #708, Los Angeles, CA 90012, *Officers:* Brian S. Soo Hoo, President (Qualifying Individual). S E Transportation, LLC, 26224 Enterprise Ct., Lake Forest, CA 92630, *Officers:* Sheila Carden, President (Qualifying Individual), Eric Carden, Vice President. Dated: June 8, 2007. Karen V. Gregory, Assistant Secretary. [FR Doc. E7-11414 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocation The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary license has been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below: *License Number:* 016290N. *Name:* Delmar Logistics, Inc. *Address:* 9310 S. La Cienega Blvd., Inglewood, CA 90301. *Date Revoked:* May 9, 2007. *Reason:* Failed to maintain a valid bond. Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E7-11401 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Reissuances Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. License No. Name/address Date reissued 012686N Gulf American Line, Inc., 330 Snyder Avenue, Berkeley Heights, NJ 07922 May 9, 2007. 002769F New York Forwarding Services Inc., 330 Snyder Avenue, Berkeley Heights, NJ 07922 May 13, 2007. Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E7-11394 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License; Rescission of Order of Revocations Notice is hereby given that the Order revoking the following license is being rescinded by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. *License Number:* 019267N. *Name:* Seagold

(USA)Inc. *Address:* 262 West 38th Street, Suite 406, New York, NY 10016. *Order Published:* FR: 05/15/07 (Volume 72, No. 93, Pg. 27310). Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E7-11397 Filed 6-12-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 28, 2007. A. Federal Reserve Bank of Cleveland (Cindy West, Manager) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. Bob Hutchinson* , Paintsville, Kentucky; to acquire up to 10.5 percent of the voting shares of Citizens National Corporation, and thereby indirectly acquire shares of Citizens National Bank of Paintsville, both of Paintsville, Kentucky. Board of Governors of the Federal Reserve System, June 8, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-11380 Filed 6-12-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 9, 2007. **A. Federal Reserve Bank of Cleveland** (Cindy West, Manager) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. Citizens National Corporation* , Paintsville, Kentucky; to acquire 100 percent of the voting shares of Kentucky National Bank of Pikeville, Pikeville, Kentucky. Board of Governors of the Federal Reserve System, June 8, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-11382 Filed 6-12-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 9, 2007. **A. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30303: *1. Bancolombia S.A.* , Medellin, Columbia, to acquire Bienes y Servicios, S.A., Santa Tecla, El Salvador, and thereby engage in activities related to money transfer services and selling prepaid calling cards, pursuant to sections 225.28(b)(14)(i) and

(ii)of Regulation Y. Board of Governors of the Federal Reserve System, June 8, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-11379 Filed 6-12-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Committee on Vital and Health Statistics: Meeting Pursuant to the Federal Advisory Committee Act, the Department of Health and Human Services announces the following advisory committee meeting. *Name:* National Committee on Vital and Health Statistics (NCVHS), Subcommittee on Populations—Working Group on Quality. *Time and Date:* 9 a.m.-5:30 p.m., June 19, 2007. *Place:* Hubert H. Humphrey Building, 200 Independence Avenue SW., Room 505A, Washington, DC 20201. *Status:* Open. *Purpose:* At this meeting the Subcommittee will learn about the current state of inpatient health care quality reporting utilizing one of three models:

(1)All administrative data,

(2)all electronic health record data, and

(3)hybrid of administrative and electronic data. The anticipated knowledge to be gained includes the following: demonstration of effective models; demonstration of pitfalls to be avoided; and, identification of data elements that have been shown to add value and that should be considered as a structured element in electronic health records. *Contact Person for More Information:* Substantive program information as well as summaries of meetings and a roster of Committee members may be obtained from Anna Poker, Lead Staff Person for the NCVHS Subcommittee on Special Populations, Working Group on Quality, Agency for Healthcare Research and Quality, Center for Quality Improvement and Patient Safety, 540 Gaither Road, Room #3331, Rockville, MD 20850, Phone: 301-427-1802; or Marjorie S. Greenberg, Executive Secretary, NCVHS, NCHS, CDC, 3311 Toledo Road, Hyattsville, Maryland 20782, telephone

(301)458-4245. Information also is available on the NCVHS home page of the HHS Web site: *http://aspe.os.dhhs.gov/ncvhs* , where an agenda for the meeting will be posted when available. Should you require reasonable accommodation, please contact the CDC Office of Equal Employment Opportunity on

(301)458-4EEO

(4336)as soon as possible. Dated: May 31, 2007. James Scanlon, Deputy Assistant Secretary for Science and Data Policy, Office of the Assistant Secretary for Planning and Evaluation. [FR Doc. 07-2920 Filed 6-12-07; 8:45 am]

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