Notices. Notice of availability

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BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2006-24196] Transportation Worker Identification Credential

(TWIC)Implementation in the Maritime Sector; Navigation and Vessel Inspection Circular

(NVIC)AGENCY: Coast Guard, DHS. ACTION: Notice of availability. SUMMARY: The Coast Guard announces the availability of a Navigation and Vessel Inspection Circular

(NVIC)03-07 “Guidance for the Implementation of the Transportation Worker Identification Credential Program in the Maritime Sector”. DATES: NVIC 03-07 is available at the locations noted in this notice beginning on July 6, 2007. ADDRESSES: Information referenced in this notice, including NVIC 03-07 may be found in Coast Guard docket number USCG-2006-24196 and is available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, the NVIC, or the TWIC final regulations, call LCDR Jonathan Maiorine, Commandant (CG-3PCP-2), United States Coast Guard, telephone 1-877-687-2243. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Navigation and Vessel Inspection Circular

(NVIC)03-07 On January 25, 2007, the Coast Guard and Transportation Security Administration

(TSA)issued a joint final rule “Transportation Worker Identification Credential Implementation in the Maritime Sector; Hazardous Material Endorsement for a Commercial Driver's License,” referred to as the TWIC final rule. *See* 72 FR 3492. That rule, which became effective in major part on March 26, 2007, made significant changes to 33 CFR Chapter I Subchapter H, 46 CFR Chapter I Subchapter B, and 49 CFR Chapter XII Subchapter D. The final rule implements requirements under the Maritime Transportation Security Act of 2002, as amended by the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), which requires, among other things, credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). The Coast Guard has prepared NVIC 03-07, “Guidance for the Implementation of the Transportation Worker Identification Credential Program in the Maritime Sector,” to provide guidance to transportation workers, owners and operators, and merchant mariners on implementation of the new requirements. The information in this NVIC details the enrollment and issuance process, provides guidance for successful execution of compliance requirements, provides clarification of the regulations found in 33 CFR Parts 101 to 106 and 49 CFR Parts 1515, 1540, 1570 and 1572, and includes a more detailed discussion of the actions required by those regulations, with examples, to increase understanding and promote nationwide consistency. These guidelines are intended to help industry comply with the new regulations and the Coast Guard Captains of the Port

(COTP)implement the TWIC Program. Availability NVIC 03-07 is available in the docket for this notice at those places indicated under ADDRESSES above. It is also available at the following Web sites: Homeport ( *http://homeport.uscg.mil* ) and the U.S. Coast Guard NVIC index ( *http://www.uscg.mil/hq/g-m/nvic/index00.htm* ). Dated: July 3, 2007. J.G. Lantz, Acting Assistant Commandant for Prevention. [FR Doc. E7-13368 Filed 7-9-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1709-DR] Texas; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-1709-DR), dated June 29, 2007, and related determinations. *Effective Date:* June 29, 2007. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 29, 2007, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Texas resulting from severe storms, tornadoes, and flooding during the period June 16-18, 2007, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Texas. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. If Public Assistance is later warranted, Federal funds provided under that program will also be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Kenneth Clark, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of Texas to have been affected adversely by this declared major disaster: Cooke, Coryell, Denton, Grayson, Lampasas, and Tarrant Counties for Individual Assistance. All counties within the State of Texas are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E7-13321 Filed 7-9-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Construction of a Single-Family-Home Subdivision AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice: receipt of application for an incidental take permit; request for comments. SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit

(ITP)application and Habitat Conservation Plan (HCP). Eber Cove, LLC (applicant) requests an incidental take permit

(ITP)for a duration of 5 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 1.55 acre

(ac)of Florida scrub-jay ( *Alphelocoma coerulescens* )—occupied habitat incidental to constructing a single-family-home subdivision in Brevard County, Florida (project). The applicant's HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the scrub-jay. DATES: We must receive any written comments on the ITP application and HCP on or before August 9, 2007. ADDRESSES: If you wish to review the application and HCP, you may write the Field Supervisor at our Jacksonville Field Office, 6620 Southpoint Drive South, Suite 310, Jacksonville, FL 32216, or make an appointment to visit during normal business hours. If you wish to comment, you may mail or hand deliver comments to the Jacksonville Field Office, or you may e-mail comments to *erin_gawera@fws.gov* . For more information on reviewing documents and public comments and submitting comments, see SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Erin Gawera, Fish and Wildlife Biologist, Jacksonville Field Office (see ADDRESSES ); telephone: 904/232-2580, ext. 121. SUPPLEMENTARY INFORMATION: Public Review and Comment Please reference permit number TE151089-0 for Eber Cove, LLC, in all requests or comments. Please include your name and return address in your e-mail message. If you do not receive a confirmation from us that we have received your e-mail message, contact us directly at the telephone number listed under FOR FURTHER INFORMATION CONTACT . Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Background The Florida scrub-jay (scrub-jay) is found exclusively in peninsular Florida and is restricted to xeric uplands (predominately in oak-dominated scrub). Increasing urban and agricultural development has resulted in habitat loss and fragmentation, which have adversely affected the distribution and numbers of scrub-jays. The total estimated population is between 7,000 and 11,000 individuals. The decline in the number and distribution of scrub-jays in east-central Florida has been exacerbated by tremendous urban growth in the past 50 years. Much of the historic commercial and residential development has occurred on the dry soils which previously supported scrub-jay habitat. Much of this area of Florida was settled early because few wetlands restricted urban and agricultural development. Due to the effects of urban and agricultural development over the past 100 years, much of the remaining scrub-jay habitat is now relatively small and isolated. What remains is largely degraded due to the exclusion of fire, which is needed to maintain xeric uplands in conditions suitable for scrub-jays. Applicant's Proposal The applicant is requesting take of approximately 1.55 ac of occupied scrub-jay habitat incidental to the construction of a single-family-home subdivision. The project is located within Section 17, Township 28 South, Range 37 East, Melbourne, Brevard County, Florida, south of Eber Rd, west of the Eber Rd-Dairy Rd interchange. Development of the project, including infrastructure and landscaping, precludes retention of scrub-jay habitat on site. Therefore, the applicant proposes to mitigate for the loss of 1.55 ac of occupied scrub-jay habitat by donating $31,043 to the Florida Scrub-jay Fund administered by The Nature Conservancy. Funds in this account are earmarked for use in the conservation and recovery of scrub-jays and may include habitat acquisition, restoration, and/or management. We have determined that the applicant's proposal, including the proposed mitigation and minimization measures, would have minor or negligible effects on the species covered in the HCP. Therefore, the ITP is a “low-effect” project and qualifies for categorical exclusions under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). This preliminary information may be revised based on our review of public comments that we receive in response to this notice. A low-effect HCP is one involving

(1)Minor or negligible effects on federally listed or candidate species and their habitats, and

(2)minor or negligible effects on other environmental values or resources. We will evaluate the HCP and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act (16 U.S.C. 1531 *et seq.* ). If we determine that the application meets those requirements, we will issue the ITP for incidental take of the Florida scrub-jay. We will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue the ITP. Authority: We provide this notice under Section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6). Dated: June 10, 2007. David L. Hankla, Field Supervisor, Jacksonville Field Office. [FR Doc. E7-13351 Filed 7-9-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Application From the Duckwater Shoshone Tribe, Nye County, Nevada for an Enhancement of Survival Permit for the Railroad Valley Springfish AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability, receipt of application SUMMARY: The Duckwater Shoshone Tribe (Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement

(SHA)between the Applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, and enhancement activities to implement the reintroduction and long-term recovery of Railroad Valley Springfish ( *Crenichthys nevadae* ) within Nye County, Nevada. The proposed duration of both the SHA and permit is 25 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement and low-effect screening form, which are also is available for public review. DATES: Written comments must be received by 5 p.m. on August 9, 2007. ADDRESSES: Comments should be addressed to Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, 1340 Financial Boulevard, Suite 234, Reno, Nevada, 89502, facsimile number

(775)861-6301 (see SUPPLEMENTARY INFORMATION , Public Review and Comment). FOR FURTHER INFORMATION CONTACT: Bridget Nielsen, Conservation Partnerships Coordinator for the Nevada Fish and Wildlife Office, at the above address or by calling

(775)861-6300. SUPPLEMENTARY INFORMATION: Background The primary objective of this SHA is to encourage the reintroduction activities and voluntary maintenance of previously implemented habitat restoration activities, to benefit the Railroad Valley springfish by relieving the Applicant, who enters into the provisions of the Safe Harbor Agreement with the Service, from any additional Section 9 liability under the Endangered Species Act beyond that which exists at the time the Safe Harbor Agreement is signed (“regulatory baseline”). A SHA encourages landowners and tribes to conduct voluntary conservation activities and assures them that they will not be subjected to increased listed species restrictions should their beneficial stewardship efforts result in increased listed species populations. Application requirements and issuance criteria for enhancement of survival permits through SHAs are found in 50 CFR 17.22 and 17.32(c). As long as the Applicant allows the agreed upon conservation measures to be completed on their property and maintain their baseline responsibilities, they may make any other lawful use of the property during the permit term, even if such use results in the take of individual Railroad Valley springfish or harm to their habitat. The Duckwater Shoshone Tribe, located within Nye County, Nevada has suitable aquatic habitat for the reintroduction and long-term recovery of the Railroad Valley springfish which may be enrolled under the SHA. The Safe Harbor Agreement will include:

(1)A map of the property and its legal location;

(2)a description of the existing biological community including nonnative aquatic species and sensitive or protected species if any;

(3)the portion of the property to be enrolled and its acreage;

(4)a description of the habitat types that occur on the portion of the property to be enrolled including an accurate description of ponds or other aquatic habitats and their characteristics; and

(5)current land-use practices and existing development, and the characteristics of water supplies to aquatic habitats. The Applicant is committed to the long-term recovery of the Railroad Valley springfish and in so doing; an elevated baseline was negotiated for Big Warm Spring. In order to meet recovery objectives, at least 21,000 adult Railroad Valley springfish must be present within the 6 springs identified for recovery, with each population containing at least 1,000 adults and documented annual reproduction and recruitment for 5 consecutive years. Considering Big Warm Spring is currently not populated with of Railroad Valley springfish, the regulatory baseline would be zero however, the Applicant voluntary offered to maintain an elevated baseline of a minimum of 3,000 Railroad Valley springfish in order to achieve the recovery goals stated in the Service's Railroad Valley Springfish Recovery Plan. The Applicant, as the Permittee, will be responsible for annual monitoring and reporting related to implementation of the SHA and fulfillment of its provisions. The Service will also assist the Applicant with monitoring and training of tribal staff in order to achieve annual monitoring and reporting goals as part of the partnership. As specified in the SHA, the Applicant will issue yearly reports to the Service related to implementation of the program. The SHA will cover conservation activities to create, maintain, restore, or enhance habitat and reintroduce a self-sustaining population of Railroad Valley springfish while achieving species' recovery goals. Management activities that are undertaken through this SHA will result in the reintroduction and re-establishment of a self-sustaining population of Railroad Valley springfish within designated critical habitat at Big Warm Spring. The overall goal of this SHA is to systematically achieve recovery goals and conservation measures for the Railroad Valley springfish while ensuring that tribal economic, agricultural and cultural interests are preserved and protected. Given the probable species response time of Railroad Valley springfish to the planned conservation measures the Service estimates it will take 2 years of implementing the SHA to fully reach a net conservation benefit. Although some level of benefits will likely occur within a shorter time period. After maintenance of the restored/created/enhanced habitat and reintroduction of Railroad Valley springfish habitat on the property for the agreed-upon term, the Applicant may then conduct otherwise lawful activities on their property that result in the direct take of Railroad Valley springfish. However, the restrictions on returning a property to the elevated baseline condition include:

(1)The Applicant must demonstrate that elevated baseline conditions were maintained and the conservation measures necessary for achieving a net conservation benefit were carried out;

(2)the Service will be notified a minimum of 30 days prior to the activity and given the opportunity to capture, rescue, and/or relocate any Railroad Valley springfish; and

(3)return to elevated baseline conditions must be completed within the 25-year term of the permit issued to the Applicant. The Service has made a preliminary determination that approval of this SHA qualifies as a categorical exclusion under the NEPA, as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) based on the following criteria:

(1)Implementation of the SHA would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;

(2)implementation of the SHA would result in minor or negligible effects on other environmental values or resources; and

(3)impacts of the SHA, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. This is more fully explained in our Environmental Action Statement. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. The Service will consider public comments in making its final determination on whether to prepare such additional documentation. Public Review and Comments Individuals wishing copies of the permit application, the Environmental Action Statement, or copies of the full text of the SHA, including a map of the proposed permit area, references, and legal descriptions of the proposed permit area, should contact the office and personnel listed in the ADDRESSES section. Documents will also be available for public inspection, by appointment, during normal business hours at this office (see ADDRESSES ). The Service provides this notice pursuant to section 10(c) of the Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6). All comments received on the permit application and SHA, including names and addresses, will become part of the administrative record and may be released to the public. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, are available for public inspection in their entirety. Decision We will evaluate the permit application, the SHA, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act and NEPA regulations. If the requirements are met, the Service will sign the proposed SHA and issue an enhancement of survival permit under section 10(a)(1)(A) of the Act to the Applicant for take of the Railroad Valley springfish incidental to otherwise lawful activities of the project. The Service will not make a final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Dated: July 3, 2007. Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, Reno, Nevada. [FR Doc. E7-13356 Filed 7-9-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Nevada Department of Wildlife, Lincoln County, Nevada, Enhancement of Survival Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application; request for comments. SUMMARY: In response to an application from the Nevada Department of Wildlife (Applicant), we, the Fish and Wildlife Service (Service), are considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement

(SHA)between the applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of White River springfish ( *Crenichtheys baileyi baileyi* ), Hiko White River springfish ( *Crenichtheys baileyi grandis* ), Pahranagat roundtail chub ( *Gila robusta jordani* ) and southwestern willow flycatcher ( *Empidonax trailii extimus* ), within the Pahranagat Valley, Nevada. The proposed duration of both the SHA and permit is 50 years. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for our determination is contained in an environmental action statement, which also is available for public review. We are requesting comments on this application. DATES: We must receive written comments by 5 p.m. on August 9, 2007. ADDRESSES: Please address comments to Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; facsimile number

(775)861-6301. FOR FURTHER INFORMATION CONTACT: Heather Martinez, Fish and Wildlife Biologist for the Southern Nevada Fish and Wildlife Office, at 4701 N. Torrey Pines Dr., Las Vegas, NV, 89130; telephone

(702)515-5230. SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the permit application or the environmental action statement, or copies of the full text of the proposed SHA, including a map of the proposed permit area, references, and legal descriptions of the proposed permit area, should contact the office and personnel listed in the ADDRESSES section. Documents also will be available for public inspection, by appointment, during normal business hours at this office (see ADDRESSES ). We specifically request information, views, and opinions from the public on the proposed Federal action of issuing a permit, including the identification of any aspects of the human environment not already analyzed in our environmental action statement. Further, we specifically solicit information regarding the adequacy of the SHA as measured against our permit issuance criteria found in 50 CFR 17.22(c). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that will be able to do so. Background The primary objective of this proposed SHA is to encourage voluntary habitat restoration, maintenance or enhancement activities to benefit White River springfish, Hiko White River springfish, Pahranagat roundtail chub, and southwestern willow flycatcher by relieving a landowner who enters into the provisions of a cooperative agreement with the Applicant from any additional Section 9 liability under the Endangered Species Act (16 U.S.C. 1531 *et seq.* ) beyond that which exists at the time the cooperative agreement is signed and certificate of inclusion issued (“regulatory baseline”). A SHA encourages landowners to conduct voluntary conservation activities and assures them that they will not be subjected to increased listed species restrictions should their beneficial stewardship efforts result in increased listed species populations. Application requirements and issuance criteria for enhancement of survival permits and SHAs are found in 50 CFR 17.22(c) and 17.32(c). As long as enrolled landowners allow the agreed-upon conservation measures to be completed on their property and agree to maintain their baseline responsibilities, they may make any other lawful use of the property during the term of the cooperative agreement, even if such use results in the take of individual White River springfish, Hiko White River springfish, Pahranagat roundtail chub, southwestern willow flycatcher or harm to these species' habitats, as long as it does not cause conditions to fall below baseline. As proposed in the SHA, landowners within the Pahranagat Valley that have suitable habitat for any of these four species may be enrolled by the applicant under the SHA. Landowners, as cooperators, would receive a certificate of inclusion when they sign a cooperative agreement. The cooperative agreement would include:

(1)A map of the property and its legal location;

(2)delineation of the portion of the property to be enrolled and its stream mileage/feet;

(3)the property's baseline and biological assessment, which would include a description of the habitat types that occur on the portion of the property to be enrolled, including an accurate description of riparian and aquatic habitats and a thorough stream analysis (with photos) of the enrolled stream miles/feet;

(4)current land-use practices and existing development, and the characteristics of water supplies to aquatic habitats;

(5)a description of the specific conservation measures to be completed; and

(6)the responsibilities of the cooperator and the applicant. The applicant, as the permittee, will be responsible for annual monitoring and reporting related to implementation of the SHA and cooperative agreements and fulfillment of their provisions. As specified in the SHA, the Applicant will issue yearly reports to the Service related to implementation of the program. Each cooperative agreement would cover conservation activities to create, maintain, restore, or enhance habitat for the White River spring fish, Hiko White River springfish, Pahranagat roundtail chub, and/or the southwestern willow flycatcher and achieve species' recovery goals. These actions, where appropriate, could include (but are not limited to):

(1)Restoration of wetland and riparian habitats and stream form and function;

(2)establishment of wetland and riparian buffers;

(3)repair or installation of improved irrigation systems that improve water quality and quantity for habitat;

(4)development and implementation of monitoring plans as well as facilitation of the implementation of other objectives recommended by the recovery plan for these species. The overall goal of cooperative agreements entered into under the proposed SHA is to produce conservation measures that are mutually beneficial to the cooperators and the long-term existence of these four species. Based upon the probable species' response time, we estimate it will take 3 years of implementing the planned conservation measures to fully reach a net conservation benefit for White River springfish and Hiko White River springfish, 5 years for Pahranagat roundtail chub and 10 years for southwestern willow flycatcher; some level of benefit would likely occur within a shorter time period. Most cooperative agreements under the proposed SHA are expected to have at least 10 years' duration. After maintenance of the restored/created/enhanced habitat for these species on the property for the agreed-upon term, cooperators may then conduct otherwise lawful activities on their property that result in the partial or total elimination of the habitat improvements and the taking of these four species. However, the restrictions on returning a property to its original baseline condition are:

(1)The cooperator must demonstrate that baseline conditions were maintained during the term of the cooperative agreement and the conservation measures necessary for achieving a net conservation benefit were carried out;

(2)we and the applicant will be notified a minimum of 30 days prior to the activity and given the opportunity to capture, rescue, and/or relocate any of the four species; and

(3)return to baseline conditions must be completed within the term of the certificate of inclusion issued to the applicant. Cooperative agreements could be extended if the applicant's permit is renewed and that renewal allows for such an extension. We have made a preliminary determination that approval of the proposed SHA qualifies for a categorical exclusion under NEPA, as provided by the Department of Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1) based on the following criteria:

(1)Implementation of the SHA would result in minor or negligible effects on other environmental values or resources;

(2)implementation of the SHA would result in minor or negligible effects on other environmental values or resources; and

(3)impacts of the SHA, considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. This is more fully explained in our environmental action statement. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. The Service will consider public comments in making its final determination on whether to prepare such additional documentation. Decision We provide this notice pursuant to section 10(c) of the ESA and pursuant to implementing regulations for NEPA (40 CFR 1506.6). We will evaluate the permit application, the proposed SHA, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the ESA and NEPA regulations. If the requirements are met, we will sign the proposed SHA and issue an enhancement of survival permit under section 10(a)(1)(A) of the ESA to the Applicant for take of White River springfish, Hiko White River springfish, Pahranagat roundtail chub and southwestern willow flycatcher incidental to otherwise lawful activities of the project. We will not make a final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Dated: June 3, 2007. Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, Reno, Nevada. [FR Doc. E7-13375 Filed 7-9-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-6663-C, AA-6663-D, AA-6663-E, AA-6663-H, AA-6663-J, AA-6663-A2; AK-964-1410-KC-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Ekwok Natives Limited. The lands are in the vicinity of Ekwok, Alaska, and are located in: Seward Meridian, Alaska T. 10 S., R. 49 W., Secs. 14, 23, and 34. Containing 1,886.03 acres. T. 11 S., R. 49 W., Sec. 3. Containing 640 acres. T. 9 S., R. 50 W., Secs. 12, 21, and 28. Containing 1,920 acres. T. 10 S., R. 50 W., Sec. 29. Containing 306.27 acres. T. 9 S., R. 51 W., Secs. 6 and 7. Containing 1,147.60 acres. Aggregating 5,899.90 acres. The subsurface estate in these lands will be conveyed to Bristol Bay Native Corporation when the surface estate is conveyed to Ekwok Natives Limited. Notice of the decision will also be published four times in the Anchorage Daily News. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until August 9, 2007 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504. FOR FURTHER INFORMATION, CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at: *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device

(TTD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Michael Bilancione, Land Law Examiner, Branch of Adjudication II. [FR Doc. E7-13325 Filed 7-9-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-040-07-1430-ES; UTU-82068, UTU-82980] Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Iron County, UT; Correction AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action; correction. SUMMARY: The Bureau of Land Management published a document in the **Federal Register** of June 25, 2007, concerning a Recreation and Public Purposes Act classification of public lands located in Iron County, Utah. The document contained an inaccurate legal description for Township 38 South, Range 12 West contained in the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Robert C. Wilson, Realty Specialist at

(435)865-3005 or via e-mail at: *rob_wilson@blm.gov* . SUPPLEMENTARY INFORMATION: Corrections 1. Correct the section to be “3” from “34”. T. 38 S., R12 W. Sec. 3, lot 12, containing 2.47 acres. Correction. 2. Correct the section to be “3” from “34”. T. 38 S., R12 W. Sec. 3, lot 13, (portion), containing 7.53 acres. Correction. Dated: July 3, 2007. Randy Trujillo, Associate Field Office Manager (UT-040). [FR Doc. E7-13370 Filed 7-9-07; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-957-1420-BJ] Idaho: Filing of Plats of Survey AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Filing of Plats of Surveys. SUMMARY: The Bureau of Land Management

(BLM)has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the dates specified. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 1387 South Vinnell Way, Boise, Idaho 83709-1657. SUPPLEMENTARY INFORMATION: These surveys were executed at the request of the Bureau of Land Management to meet their administrative needs. The lands surveyed are: The plat representing the dependent resurvey of portions of the west boundary, subdivisional lines, and the 1960-1968 fixed and limiting boundaries in sections 6, 7, 17, 18 and 20, and Tract 40, and the subdivision of sections 6, 7, 17 and 18, the survey of the 1993-2003 meanders of the Snake River in sections 6, 7, 17, 18 and 20, the survey of the 1993-2003 meanders of certain islands in the Snake River, and the metes-and-bounds survey of the centerline of an existing flood control levee in the SE 1/4 of the SW 1/4 of section 6, T. 4 N., R. 40 E., Boise Meridian, Idaho, was accepted June 6, 2007. The plat representing the dependent resurvey of a portion of the east boundary and a portion of the subdivisional lines, and the subdivision of section 24, T. 16 S., R. 9 E., Boise Meridian, Idaho, was accepted June 29, 2007. This survey was executed at the request of the Bureau of Indian Affairs to meet certain administrative and management purposes. The lands surveyed are: This supplemental plat was prepared to amend lotting in section 24, T. 3 S., R. 34 E., Boise Meridian, Idaho, was accepted April 3, 2007. These surveys were executed at the request of the USDA Forest Service to meet certain administrative and management purposes. The lands surveyed are: This supplemental plat, showing amended lotting created by the segregation of Mineral Survey No. 1659 in section 15, T. 41 N., R. 2 W., Boise Meridian, Idaho, was accepted April 20, 2007. This supplemental plat, was prepared to show new lots to the centerline of State Highway No. 6, of sections 12, 13, and 14, T. 43 N., R. 3 W., Boise Meridian, Idaho, was accepted April 26, 2007. SUMMARY: The Bureau of Land Management

(BLM)will file the plat of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, 30 days from the date of publication in the **Federal Register** . This survey was executed at the request of the Bureau of Indian Affairs to meet certain administrative and management purposes: The plat representing the dependent resurvey of the south boundary, portions of the east and west boundaries, subdivisional lines, and meanders of the Snake River and islands in the Snake River, and the subdivision of sections 32 and 36, and the survey of portions of the south and west boundaries, subdivisional lines, the 2005-2006 meanders of the Snake River and islands in the Snake River, and the North Boundary of the Fort Hall Indian Reservation, T. 4 S., R. 33 E., Boise Meridian, Idaho, was accepted May 16, 2007. Dated: July 3, 2007. Stanley G. French, Chief Cadastral Surveyor for Idaho. [FR Doc. E7-13344 Filed 7-9-07; 8:45 am] BILLING CODE 4310-GG-P INTERNATIONAL TRADE COMMISSION [Investigation No. 332-485] Canned Peaches, Pears, and Fruit Mixtures: Conditions of Competition Between U.S. and Principal Foreign Supplier Industries AGENCY: United States International Trade Commission. ACTION: Cancellation of public hearing. SUMMARY: On July 2, 2007, the only scheduled witness for the hearing in investigation No. 332-485, Canned Peaches, Pears, and Fruit Mixtures: Conditions of Competition between U.S. and Principal Foreign Supplier Industries, scheduled for July 12, 2007, withdrew his request to appear. Therefore, the public hearing in this investigation has been canceled. *Background:* The Commission published notice of institution of the investigation and hearing in the **Federal Register** on February 13, 2007 (72 FR 6744). The notice asked that persons interested in appearing at the hearing file their requests by the close of June 28, 2007, and stated that the hearing would be canceled if no requests were received by that date. One request was received by the June 28 deadline, but it was subsequently withdrawn on July 2, 2007. Accordingly, the Commission has canceled the hearing. All other information about the investigation, including a description of the subject matter to be addressed, contact information, and procedures relating to written submissions, remains the same as in the original notice. The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://www.usitc.gov/secretary/edis.htm.* By order of the Commission. Issued: July 3, 2007. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7-13276 Filed 7-9-07; 8:45 am] BILLING CODE 7020-02-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (07-051)] Notice of Information Collection Under OMB Review AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection under OMB review. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Public Law 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 30 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Desk Officer for NASA; Office of Information and Regulatory Affairs; Room 10236; New Executive Office Building; Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE0000, Washington, DC 20546,

(202)358-1350, *Walter.Kit-1@nasa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The NASA Explorer Schools

(NES)seeks a clearance to collect data from educators to determine eligibility and selection of schools to participate in their three year project. To lessen the impact on educators who will complete the project application, the application period must be open during the times when they are less likely to be needed in the classroom (e.g., summer break) and can obtain any required school board approvals. II. Method of Collection NASA will utilize a Web-based online form to collect this information. III. Data *Title:* NASA Explorer Schools Project Application. *OMB Number:* 2700-0130. *Type of review:* Regular. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 130. *Estimated Time Per Response:* 1 hour. *Estimated Total Annual Burden Hours:* 130. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;

(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;

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

(4)ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Acting Deputy Chief Information Officer. [FR Doc. E7-13281 Filed 7-9-07; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-255] Entergy Nuclear Operations, Inc.; Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Renewed Facility Operating License No. DPR-20 issued to Entergy Nuclear Operations, Inc. (the licensee) for operation of the Palisades Nuclear Plant

(PNP)located in Van Buren County, Michigan. The proposed amendment would revise Technical Specification

(TS)3.5.5, “Trisodium Phosphate,” and the associated surveillance requirements by replacing the containment sump buffering agent, trisodium phosphate (TSP), with sodium tetraborate decahydrate (STB). In particular, the proposed amendment would revise the TS Limiting Condition for Operation

(LCO)3.5.5, with a new weight requirement for STB. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not

(1)Involve a significant increase in the probability or consequences of an accident previously evaluated; or

(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or

(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? *Response:* No. The proposed amendment does not involve a significant increase in the probability of an accident previously evaluated because the containment buffering agent is not an initiator of any analyzed accident. The proposed change does not impact any failure modes that could lead to an accident. The proposed amendment does not involve a significant increase in the consequences of an accident previously evaluated. The buffering agent in containment is designed to buffer the acids expected to be produced after a loss of coolant accident

(LOCA)and is credited in the radiological analysis for iodine retention. The proposed change of replacing TSP with STB in containment results in the radiological consequences remaining under 10 CFR 100 limits and General Design Criterion

(GDC)−19 limits. Therefore, operation of the facility in accordance with the proposed amendment would not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? *Response:* No. The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. STB is a passive component that is proposed to be used at PNP as a buffering agent to increase the pH of the initially acidic post-LOCA containment water to a more neutral pH. Changing the proposed buffering agent from TSP to STB does not constitute an accident initiator or create a new or different kind of accident previously analyzed. The proposed amendment does not involve operation of any required systems, structures or components

(SSCs)in a manner or configuration different from those previously recognized or evaluated. No new failure mechanisms will be introduced by the changes being requested. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? *Response:* No. The proposed amendment does not involve a significant reduction in a margin of safety. The proposed amendment of changing the buffering agent from TSP to STB results in equivalent control of maintaining sump pH at 7.0 or greater, thereby controlling containment atmosphere iodine and ensuring the radiological consequences of a MHA [Maximum Hypothetical Accident] are within regulatory limits. The use of STB also reduces the present potential for exacerbating sump screen blockage due to a potential chemical interaction between TSP and certain calcium sources used in containment to form calcium phosphate. This proposed amendment removes this phosphate source from containment, thereby reducing the amount of precipitate that may be formed in a postulated LOCA. The buffer change would minimize the potential chemical effects and should enhance the ability of the emergency core cooling system to perform the post-accident mitigating functions. Therefore, the proposed amendment does not involve a significant reduction in the margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:

(1)The name, address and telephone number of the requestor or petitioner;

(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed by:

(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff;

(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff;

(3)E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV;* or

(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at

(301)415-1101, verification number is

(301)415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* A copy of the request for hearing and petition for leave to intervene should also be sent to Mr. William Dennis, Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Ave., White Plains, NY 10601, the attorney for the licensee. For further details with respect to this action, see the application for amendment dated June 29, 2007, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 3rd day of July 2007. For the Nuclear Regulatory Commission. Peter S. Tam, Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-13360 Filed 7-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-250] Florida Power and Light Company; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Florida Power and Light Company (the licensee) to withdraw its May 17, 2007, application for proposed amendment to Facility Operating License No. DPR-31 for the Turkey Point Plant, Unit 3, located in Dade County, Florida. The proposed amendment would have revised the Technical Specifications to allow the use of an alternate method of determining rod position for control rods M-6 and G-5 with inoperable Analog Rod Position Indicators. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the **Federal Register** on May 24, 2007 (72 FR 29186). However, by letter dated June 13, 2007, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated May 17, 2007, and the licensee's letter dated June 13, 2007, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, *http://www.nrc.gov/reading-rm.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to: *pdr@nrc.gov.* Dated at Rockville, Maryland, this 29th day of June 2007. For the Nuclear Regulatory Commission. Brenda Mozafari, Senior Project Manager, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-13357 Filed 7-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-498 and 50-499] STP Nuclear Operating Company; South Texas Project, Units 1 and 2; Notice of Consideration of Approval of Application Regarding Proposed Indirect Transfer of Control of Facility Operating Licenses, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission, NRC) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of control of Facility Operating Licenses, numbered NPF-76 and NPF-80, for the South Texas Project (STP), Units 1 and 2, respectively, to the extent owned by NRG South Texas LP (NRG South Texas). 1 1 On June 29, 2007, the NRC granted an amendment request changing the name of one of the licensees from Texas Genco, LP, to NRG South Texas LP. STP Nuclear Operating Company (STPNOC), acting on behalf of itself and NRG South Texas and its corporate parent, NRG Energy Inc. (NRG Energy), requests that the NRC consent to the indirect transfer of control of STP, Units 1 and 2, licenses to the extent owned by NRG South Texas. NRG South Texas owns 44 percent of STP, Units 1 and 2. NRG Energy plans to reorganize its corporate structure by creating a new publicly-held holding company (NRG HoldCo) that will become the parent company for NRG Energy and its subsidiaries. NRG Energy is seeking NRC consent to the indirect transfer of control of its licenses that result from the establishment of NRG HoldCo. In addition to its 44 percent undivided ownership interest in STP, Units 1 and 2, NRG South Texas holds a corresponding interest in STPNOC, a not-for-profit Texas corporation, which is the licensed operator of STP, Units 1 and 2. Thus, the indirect transfer of control of NRG South Texas also results in the indirect transfer of this interest in STPNOC. STPNOC states that this is not a controlling interest in STPNOC and, therefore, there will be no indirect transfer of STPNOC's licenses to operate on behalf of the owners. The applicant indicates that if the NRC concludes that indirect transfer of control of NRG South Texas' interest in STPNOC requires prior NRC consent, it requests such consent. According to an application for approval filed by STPNOC, in connection with the NRG Energy plans to reorganize its corporate structure by operating a new publicly-held holding company that will become the parent company for NRG Energy and its subsidiaries, the current licensee will continue to operate the facility and hold the licenses. No physical changes to STP, Units 1 and 2, facilities or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed restructuring will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission's action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). Requests for a hearing and petitions for leave to intervene should be served upon counsel for counsel for STPNOC and NRG Energy, Mr. John E. Matthews at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, NW., Washington, DC 20004 (tel: 202-739-5524, fax: 202-793-3001; e-mail: *jmatthews@morganlewis.com;* the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only: *OGCLT@NRC.gov* ); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this action, see the application dated May 3, 2007, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland this 3rd day of July 2007. For The Nuclear Regulatory Commission. Mohan C. Thadani, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-13358 Filed 7-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION DEPARTMENT OF ENERGY Notice of Public Meeting AGENCIES: U.S. Nuclear Regulatory Commission

(NRC)and U.S. Department of Energy (DOE). ACTION: Notice of Public Meeting. SUMMARY: The NRC and DOE announce their intent to conduct a public meeting to:

(1)Discuss progress they have made since November 2006 concerning Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005;

(2)provide information regarding the content and outcome of interactions held to date;

(3)address progress in exchanging information on generic technical issues concerning DOE's performance assessments; and

(4)provide information on monitoring plans and related activities. The meeting date, time, and location are listed below: *Date:* Friday, July 20, 2007. *Time:* 10 a.m. to 12 p.m. *Address:* Meeting Room—Renoir Room, L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024, Phone: 202-484-1000. *Agenda:* 10-10:15 Introductions. 10:15-10:30 Opening Remarks. 10:30-11:15 Discussion of current status of NDAA Implementation and other issues. 11:15-12 Public Comment. Background On October 28, 2004, the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

(NDAA)was signed by the President. Section 3116 of the NDAA allows the DOE to determine that the term “high-level radioactive waste”

(HLW)does not include certain waste stemming from reprocessing of spent nuclear fuel. The NDAA is applicable only in the states of South Carolina and Idaho and does not apply to waste transported out of these states. The NDAA requires that:

(1)DOE consult with NRC concerning DOE's waste determinations in South Carolina and Idaho, and

(2)NRC, in coordination with the State, monitor such disposal actions taken by DOE for the purpose of assessing compliance with performance objectives in 10 CFR Part 61, Subpart C. If the NRC determines that any such disposal actions taken by DOE are not in compliance with those performance objectives, the NDAA requires NRC to inform DOE, the affected State, and congressional committees. On November 16, 2006, NRC and DOE conducted a public meeting to discuss interactions during the review of non-HLW determinations prepared under the NDAA. During that meeting, NRC and DOE committed to conduct a future meeting to discuss the progress that has been made since the November 2006 public meeting. During the upcoming public meeting cited in this Notice, NRC and DOE will:

(1)Discuss the progress they have made since November 2006;

(2)provide information regarding the content and outcome of interactions held to date;

(3)address progress in exchanging information concerning generic technical issues related to DOE's performance assessments; and

(4)provide information on monitoring plans and related activities. As noted on the agenda, time will be set aside during this meeting for observers who wish to make comments. After the meeting, a publicly available summary of this meeting will be made available on the NRC's Agency-wide Documents Access and Management System (ADAMS) at *www.nrc.gov.* FOR FURTHER INFORMATION CONTACT: For questions related to this meeting, please contact Jennifer Davis of the NRC at

(301)415-7264 or ( *bjd1@nrc.gov* ), or Martin Letourneau of DOE's Office of Compliance at

(301)903-3532 or *martin.letourneau@em.doe.gov.* Dated at Rockville, Maryland, this 3rd day of July 2007. For the U.S. Nuclear Regulatory Commission. Larry W. Camper, Director, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. Dated at Washington, DC, this 3rd day of July 2007. For the U.S. Department of Energy. Karen Guevara, Director, Office of Environmental Management, Office of Compliance. [FR Doc. 07-3358 Filed 7-9-07; 8:45 am]

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Traces to 11 documents

U.S. Code